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HomeMy WebLinkAbout10-0667ii r ? Jp a h r, ,; ? u. a Jennifer L. Spears, Esquire ?' n MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 r _ 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH BELTRANTE, IV Plaintiff V. SABRINA McKEAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- (.*G 7 G? r CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Plaintiff is Joseph Beltrante, IV, an adult individual currently residing at 708 Asian Court, York, York County, Pennsylvania 17404. 2. Defendant is Sabrina McKean, an adult individual currently residing at 706 Midland Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks custody of the child, Joseph Beltrante, V, who was born on April 18, 2007. 4. The child was born out of wedlock. 5. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: DATES LOCATION PERSON Birth to present 706 Midland Road, Mechanicsburg, PA Defendant and variety of family members Birth to present 208 Asian Court, York, PA Plaintiff and Plaintiff's wife /,?g, 06 M _ aq *---4 aa>ci Pvr 6. The relationship of the Plaintiff to the child is that of father. He is married and living separately. The Plaintiff currently resides with the following: Name Relationship Maryna Beltrante Wife 7. The relationship of the Defendant to the child is that of mother. She is single and living separately. The Defendant currently resides with the following: Name Relationship Matthew McKean Son Joseph Beltrante, V Son Pam Mother Name Not Known Stepfather Name Not Known Brother Kelly Sister Name Not Known Kelly's child Name Not Known Kelly's child Name Not Known Kelly's child 8. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 9. The Plaintiffhas no information of a custody proceeding concerning the child pending in any other court. 10. The best interest and permanent welfare of the child will be served by granting primary or shared custody to Plaintiff. 11. The status quo for almost two years has been that Plaintiff has custody of his son every weekend from Friday through Sunday evening. 12. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. 13. Plaintiff requests that a conciliation be expedited as Defendant has told Plaintiff that she is getting married to man enlisted in the Navy and his shore leave will soon be up and he would be leaving the area. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for an expedited conciliation conference at which Plaintiff requests the Court to grant Plaintiff the Custody Order. Pending said hearing, Plaintiff requests shared or primary custody. MARTSON LAW OFFICES By Jennifer ears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: January26, 2010 Attorneys for Plaintiff VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Joseph Beltrante, IV JOSEPH BELTRANTE, IV IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. SABRINA MCKEAN DEFENDANT 2010-667 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, _ Friday, January 29, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 04, 2010 at 8:30 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. 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/ aequeline M. Verney, Esgi 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 20€0 FEB -I r w" L ri.: MAR 0 5 2010 JOSEPH BELTRANTE, IV, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2010-667 CIVIL ACTION ~,W ° T SABRINA MCKEAN, `- ~ -~ ~ Defendant _. , ~ : IN CUSTODY ; ~ ~~~ .:-~~' - :~ ~-, c ~" ' rn , ~ ~.~ ORDER OF COURT ~~ ^' ~ AND NOW, this ~~ day of b~ y ~ L , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Joseph Beltrante, IV and the Mother, Sabrina McKean, shall have shared legal custody of Joseph Beltrante, V, born April 18, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 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 the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of partial physical custody. Every weekend from Friday at 7:00 p.m. to Monday at 7:00 p.m. 4. Holidays. Father shall always have physical custody of the child on Thanksgiving. Mother shall always have physical custody of the child on December 25 and Father shall always have physical custody of the child on December 26, both at times agreed by the parties. 5. Both parties shall have two non-consecutive weeks in the summer, provided they give the other party 30 days prior notice, along with the location and a telephone number where the child may be reached. 6. Father shall be responsible for all transportation 7. Neither party may relocate to the extent that it would affect the custody arrangement without prior agreement of the parties or Order of Court. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, C~ J. cc: nnifer L. Spears, Esquire, Counsel for Father ~anie Erb, Esquire, Counsel for Mother JOSEPH BELTRANTE, IV, Plaintiff V. SABRINA MCKEAN, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-667 CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joseph Beltrante, V April 18, 2007 Mother 2. A Conciliation Conference was held in this matter on March 4, 2010, with the following in attendance: The Father, Joseph Beltrante, IV, with his counsel, Jennifer L. Spears, Esquire, and the Mother, Sabrina McKean, with her counsel, Melanie Erb, Esquire. 3. The parties agreed to an Order in the form as attached. Date: 3-y-« ~1, acq line M. Verney, Esquire Custody Conciliator Jennifer L. Spears, Esquire MARTSON DEARDORFF WII~LIAMS OTTO GILROY MARTSON LAW OFFICES LD. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 2~t0 ~~1 AEI\^ ~~`~ & FALLER ,t,-~.~; ~ ._ ~ G~~~ ~~ _ ,:.. ~-r.. ;~~;;, , JOSEPH BELTRANTE, IV IN THE COURT OF COMMON PLEAS OF Plaintff/Petition~r CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-667 CIVIL ACTION -LAW SABRINA GEVAERT, f/k/a . SABRINA McKEAN, Defendant/Respcndent IN CUSTODY PLAINTIFF'S PETITI0~1 FOR SPECIAL RELIEF (EMERGENCY CUSTODY) 1. Petitioner ("Father") is Joseph Beltrante, IV, an adult individual currently residing at 708 Aslan Court, York, Yorid County, Pennsylvania 17404. 2. Respondent ("Mother") is Sabrina Gevaert, who is currently admitted at Roxbury Treatment Center in Shippensb~arg, Pennsylvania, and whose last known address is 782 Winding Lane, Harrisburg, Dauphin Coulnty, Pennsylvania. 3. The parties are the parents of one child: Joseph Beltrante, V, age 3, who was born on April 18, 2007. 4. Mother's husband, Douglas Gevaert, contacted Father on Tuesday, August 3, 2010, asking if Father could keep the dhild because Mother was "going into the hospital for back surgery." 5. Mother sent an email to Father's wife, Maryna, threatening to kill the child, Joey. A copy of the email is attached hereto as Exhibit "A." 6. Father was contacted by John Ness, the father of Mother's other child, Matthew, regarding suspicions that Moth~r was not in the hospital for back surgery. 7. Father spoke to Mother's husband and learned that Mother was mentally unstable, homicidal and suicidal, and tha~ she had threatened to kill the children. c~ pk ~Y,L R~'"a-y~ ~ ~.3 8. Mr. Gevaert week, this week and for an involuntarily committed if she 9. Father believes husband is divorcing her released. 10. Father is Mother have no visitation with with Mother be supervised indE 11. Judge Oler signs is attached hereto as Exhibit "E Monday. 12. Jacqueline V 13. Mother's cou attended the last custody however, Attorney Erb is at this time. Father intends to WHEREFORE, legal custody of the child and of Court. 1 Father that Mother was in Roxbury Treatment Center last vn time. He believes she is there voluntarily but will be its to leave at this time. ~r may not be able to return to her former home and that her Mother may not have a home or vehicle to use when she is for the safety of the child in Mother's care and requests that child until she is deemed stable and safe, and that any contact i the current Custody Order dated March 7, 2p10, a copy of which " The Order grants Father custody every weekend from Friday to /, Esquire, has been appointed the Conciliator in this matter. Melanie Erb, Esquire, who is the attorneyofrecord for Mother and iation, has been contacted regarding the filing of this Petition; if she will be able to contact Mother or continue her representation tempt direct service on Mother with permission of Attorney Erb. requests your Honorable Court to grant him primary physical and ow only supervised visitation with Mother pending further Order MARTSO LAW OFFICES By Jennif L. pears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: August 11, 2010 Attorneys for Plaintiff F'~ 7 _ i 1 O ` ~. ~ O_ ~: R ~[ rt. R G • - N ~ ~ ~ ~ p . ~ ~ O £ 7 ~~ ~ ~r ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ _ f b ~ ~ q ~ ~ Q i S' ~ ~: i a '~ M ,Z n x may- ` ~ ~: ~t-_ a h (•'',~3 i ~ o av &k ~ _. n ry v , w . a s 4 `. m C n .~ ~ _ 3 ~ ~ ~ ~ ~ i~ A ~ - -. ~ ~ R n f n ~b r y ~„ ~r$ phi w ry ~p~ _ . ~ ~ ~` ~ ~ 3 by ~ __,. 3 3 ~ . ~ ga ~. ~jb n ~ -. ~ M ; ~ 4 `~ z ,;'t --, ~ R R ~ ~ {. { '. Y i~ A I _r~ -- m r ~~ A n r a _ :x < a ~ ~ ~ iN ,. c ~ T ~ m [~ ~ m ~ i _ „qs ~~D ~ ~ . ' ~ ~v3 ~ ~~ .s `-` 3 b~~ ~ ~., ~ 3 i ~ m'~~ M ~~ ~ ~ iff t ~Dv a.; n f ~~x ~~ 7S o ~ x - ~~:~ ' ~ ~ .~.~ v tI no ~ °~ _ ~ _ o o~ 3` .,_ !~ --i~ ~. ~ ~ ~ ~' s ~: z m n ~ t'. ~, ~ . ~ ~ ~l z - . m f--= r wr- .. -~ ~ ~ I I~ ~~a ~ ~ ~ Q^ 3.~ 3 ~ ~ ~ A < 4 S~Y ~~ R a ~ r 0~ n ~ _ q ~b A ~ iTO .t'C ~ iii oA qq ~_ R ~'! ~-- f~ f ~ t ~ }~ $. ~~' (~ I ~ S ~' y ~: t 4 ~A _ ~' ~}' EXHIBIT "A" MAR 0~5 tutu I5 ~ .. /~ JOSEPH BELTRANTI Plaintiff V. SABRINA MCKEAN, ORDER OF COURT AND NOW, this consideration of the attar follows: IV, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-667 CIVIL ACTION -LAW IN CUSTODY C~ day of ~~ , 2010, upon Custody Conciliation Report, it is ordered and directed as 1. The Fath ,Joseph Beltrante, IV and the Mother, Sabrina McKean, shall have shared legal custod of Joseph Beltrante, V, born April 18, 2007. Each parent shall have an equal right, to exercised jointly with the other parent, to make all major non- emergency decisions aff cling the Child's general well-being including, but not limited to, all decisions regazdin his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each pare t shall be entitled to all records and information pertaining to the child including, but n t limited to medical, dental, religious or school records, the residence address of the hild and the other parent. To the extent one parent has possession of any such r cords or information, that parent shall be required to share the same, or copies thereof, 'th the other parent within such reasonable time as to make the records and information f reasonable use to the other parent. Both parents shall be entitled to full participati n in all educational and medicaUtreatment planning meetings and evaluations with reg d to the minor child. Each parent shall be entitled to full and complete information fro any physician, dentist, teacher or authority and copies of any reports given to them as arents including, but not limited to: medical records, birth certificates, school or ed cational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurriculaz activities, children's parties, musical presentations, back-to-sc ool nights, and the like. 2. Mother shill have primary physical custody of the child. 3. Father sh 1 have the following periods of partial physical custody. Every weekend from Friday at :00 p.m. to Monday at 7:00 p.m. EXHIBIT "B" 4. Holidays. 'Father shall always have physical custody of the child on Thanksgiving. Mothers all always have physical custody of the child on December 25 and Father shall always ave physical custody of the child on December 26, both at times agreed by the parties. 5. Both p 'es shall have two non-consecutive weeks in the summer, provided they give the o er party 30 days prior notice, along with the location and a telephone number where the child may be reached. 6. Father sh 1 be responsible for all transportation 7. Neither p may relocate to the extent that it would affect the custody arrangement without pri r agreement of the parties or Order of Court. 8. This Ord 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 f mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: Jennifer L. Spears, E~quire, Counsel for Father Melanie Erb, Esquire, Counsel for Mother TRtlt CIDP1t' IlEtiO1lO M ~aqr '~!l~-a~rNs M! ~111~ and tha ~ , O~i~ At, T1Nad~ial: _~~. ~-~.. . ~ JOSEPH BEL , IV, Plalatiiff V. SABRINA MCKEAN, PRIOR JUDGE: None IN ACCOR PROCEDURE 191 report: 1. The per litigation is as follows: NAME Joseph Beltrante, V 2. A Conci the following in attends L. Spears, Esquire, and Esquire. 3. The Date• .3 "y-rc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA N0.2010-667 CIVIL ACTION -LAW IN CUSTODY ;E WITH CUMBERLAND COUNTY RULE OF CIVIL the undersigned Custody Conciliator submits the following information concerning the Child who is the subject of this DATE OF BIRTH CURRENTLY IN CUSTODY OF April 18, 2007 Mother on Conference was held in this matter on March 4, 2010, with The Father, Joseph Beltrante, IV, with his counsel, Jennifer Mother, Sabrina McKean, with her counsel, Melanie Erb, agreed to an Order in the form as attached. fit. ~- acq line M. Verney, Esquire Custody Conciliator VERIFICATION The foregoing Petitic gathered by my counsel in thi counsel and not my own. 1 h upon information which I h knowledge, information and ~ I have relied upon counsel in This statement and ve relating to unsworn falsifies aven~nents, I may be sub}ect i ~ to Modify Custody is based upon information which has been preparation of the lawsuit. The language of the document is that of vc read the Complaint and to the extent that the document is based ve given tD my counsel, it is true and correct to the best of my ;lief. To the extent that the content of the document is that of counsel, Waking this verification. fication are made subject to the penalties of 18 Pa. C.S. Section 4904 ion to authorities, which provides that if I make knowingly false criminal penalties. ~~~ Joseph Beltrante, iV iCERTIFICATE OF SERVICE I, Tricia D. Eckenroad, a~ authorized agent for Martson Deazdorff Williams Otto Gilroy & Faller, hereby certify that a copy] of the foregoing Petition to Modify Custody was served this date by depositing same in the Post dffice at Cazlisle, PA, first class mail, postage prepaid, addressed as I follows: Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 VIA SHERIFF SERVICE Ms. Sabrina Gevaert Roxbury Treatment Center 601 Roxbury Road Shippensburg, PA 17257 MARTSON LAW OFFICES Y Tri a . Ec enroad Ten East Hi Street Carlisle, PA 17013 (717) 243-3341 Dated: August 11, 2010 f JOSEPH BELTRANTE, IV, Plaintiff V. SABRINA GEVAERT, f/k/a, SABRINA McKEAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-0667 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF (EMERGENCY CUSTODY) ORDER OF COURT AND NOW, this 13'h day of August, 2010, upon consideration of Plaintiffs Petition for Special Relief (Emergency Custody), this matter is referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1 for an expedited conciliation conference, and the Court Administrator is requested to facilitate this refi rral. PLAINTIFF Joseph Beltrante, IV, is hereby granted physical custody of Joseph Beltrante, V, (D.O.B. April 18, 2007), in the interim. BY THE COURT, ? Jennifer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff Melanie L. Erb, Esq. 2132 Market Street Camp Hill, PA 17011 Attorney for Defendant esley Oler, r., J. Ms. Sabrina Gavaert Roxbury Treatment Center 601 Roxbury Road Shippensburg, PA 17257 Defendant Court Administrator- ha&?,qldd,.,, - e, COp,&s Maoa 0 JOSEPH BELTRANTE, IV IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-667 CIVIL ACTION LAW SABRINA GEVAERT F/K/A SABRINA MCKEAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, August 16, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 01, 2010 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. 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/ ae ueline M. Verne Es . 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. `Ceurpberland County Bar Association F ' O ?• `Ce • 10 Cam ' C-0 CUJ 32 South Bedford Street Z11.L4A 7- 11 Carlisle Pennsylvania 17013 'b Telephone (717) 249-3166 • n Ve-ml's 09 JOSEPH BELTRANTE, IV IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-667 ~' ~ -, SABRINA GEVAERT, f/k/a f SABRINA McKEAN, ; :'_~ . ~ ~ °'`'`; ; Defendant IN CUSTODY ^'' i' - ~... ACCEPTANCE OF SERVICE ..p I, Sabrina Gevaert f/k/a Sabrina McKean, accept service of the Order dated August 13, 2010, and Petition for Special Relief. ~ It.~ v (t~ Date r aivavaauwa~ F:\FILES\Climts\12751 Beltrante\12751.1.cos1 Revised: 8/16/10 4:47PM Jennifer L. Speazs, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Cazlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ( f y.- ~ , 3`~~.. _ '!~ , ~~,01~1~ i~ ~A'II~`- !a Cuf~:, ~- ;;~;~ ~ . '_ JOSEPH BELTRANTE, IV Plaintiff v. SABRINA GEVAERT, f/k/a SABRINA McKEAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-667 IN CUSTODY AMENDED CERTIFICATE OF SERVICE I, Jennifer L. Speazs, Esquire, an authorized agent for Martson Deazdorff Williams Otto Gilroy & Faller, hereby certify that a copy of the Petition for Special Relief filed on August 11, 2010, was served via hand delivery on August 16, 2010 to: Ms. Sabrina Gevaert Roxbury Treatment Center 601 Roxbury Road Shippensburg, PA 17257 MARTSON LAW OFFICES By Jennif L. pears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 16, 2010 F:TILESTlients\12751 Behrante\12751.1.aos2 'Revised: 8/20/10 1 1:07AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ub Ave- 2 P,? ; yQ JOSEPH BELTRANTE, IV Plaintiff V. SABRINA GEVAERT, f/k/a SABRINA McKEAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-667 IN CUSTODY AFFIDAVIT OF SERVICE I, Gerald R. Henneman, being duly sworn according to law, depose and state that a copy of the attached Order was personally served by me on Sabrina Gevaert at 782 Winding Lane, Harrisburg, Dauphin County, Pennsylvania, August 20, 2010, at 9:00 a.m. Sworn to and subscribed before me thisA"ay of August, 2010. A V? )- A , a -Pi N ublic Gerald R. Henneman COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, C.umberiand County My Commission E)Oras Aug. 18, 2011 Member, Pennsylvania Association of Notaries JOSEPH BELTRANTE, IV IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-667 CIVIL ACTION LAW SABRINA GEVAERT F/K/A SABRINA MCKEAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, August 16, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 01, 2010 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. 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/ acqueline M. Verney, Esq.?el Custody Conciliator t' 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 TRUIE COPY FROM RECORD In TemW4W wiweof, I hero unto sat my hand and tfM of said fkm* at( offle , Pa../? Thin day df 20 jQ._ FAFILES\Clients112751 Beltrante112751.1.custodystip.wpd Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff OF THE PROTHONOTARY 2010 NOV 24 PM 2: 49 CUMBERLAND COUNTY PENNSYLVANIA JOSEPH BELTRANTE, IV Plaintiff V. SABRINA GEVAERT, f/k/a SABRINA McKEAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-667 IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: 1. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of the minor child, Joseph Beltrante, V, born April 18, 2007. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 2. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the child. 3. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage her to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. 9. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. II. PHYSICAL CUSTODY Mother shall have custody of the child every other weekend from Thursday at 7:00 PM, when Father shall drop the child off to her, until Monday morning when Mother will drop the child off at day care. Mother shall have the child every other Wednesday evening at 7:00 PM until Friday evening at 8:00 PM. Father will do the transportation for the alternating Wednesday drop-off and Friday pick-up. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the child and both parents. The child shall be permitted free access to place calls to his parents at any time he desires. IV. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Mother's and Father's current residences in Dauphin and York County, Pennsylvania, respectively. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. X. TAXES Mother shall have the right to claim the child on her taxes and Father will sign any documentation required for her to do so. This Custody Stipulation may be executed in counterparts, each of which shall constitute an original instrument, but which counterparts together shall constitute the same agreement. The delivery by either party to the other of a facsimile or telecopy of a signed counterpart shall have the same legally binding effect as the delivery of an original signed counterpart. This Stipulation shall be entered as an Order of the Court. JOSEPH BELTRANTE Plaintiff Attorney SABRINA GEVAERT rs, Esquire Jennife *foPlaintiff Defendant Melanie L. Erb, Esquire Attorney for Defendant BY THE COURT: , J. Date: 4 the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. X. TAXES Mother shall have the right to claim the child on her taxes and Father will sign any documentation required for her to do so. This Custody Stipulation may be executed in counterparts, each of which shall constitute an original instrument, but which counterparts together shall constitute the same agreement. The delivery by either party to the other of a facsimile or telecopy of a signed counterpart shall have the same legally binding effect as the delivery of an original signed counterpart. This Stipulation shall be entered as an Order of the Court. JOSEPH BELTRANTE Plaintiff Jennifer L. Spears, Esquire Attorney for Plaintiff Date: S A GEV Defend an Mel ie . Erb, Esquire Attorney for Defendant BY THE COURT: , J. 4 F1FILE&ClientM12751 Beltranta112751.1.custodystip.wpd Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff NOV 2 9 2010 FILED-OFFICE J OF THE PROTHONOTARY 2010 NOV 24 PM 2: 49 CUMBERLAND COUNTY PENNr HI A ?S JOSEPH BELTRANTE, IV IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-667 SABRINA GEVAERT, flkla -z) a --? SABRINA McKEAN, r Co C= Defendant IN CUSTODY ;=7` 0 ? r- STIPULATION FOR AN AGREED ORDER OF CUSTODY, c-s AND NOW, the parties, by and through their attorneys, stipulate and agree a ol? s:v 1. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of the minor child, Joseph Beltrante, V, born April 18, 2007. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 2. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the child. 3. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage her to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. 9. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. II. PHYSICAL CUSTODY Mother shall have custody of the child every other weekend from Thursday at 7:00 PM, when Father shall drop the child off to her, until Monday morning when Mother will drop the child off at day care. Mother shall have the child every other Wednesday evening at 7:00 PM until Friday evening at 8:00 PM. Father will do the transportation for the alternating Wednesday drop-off and Friday pick-up. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the child and both parents. The child shall be permitted free access to place calls to his parents at any time he desires. IV. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Mother's and Father's current residences in Dauphin and York County, Pennsylvania, respectively. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. X. TAXES Mother shall have the right to claim the child on her taxes and Father will sign any documentation required for her to do so. This Custody Stipulation may be executed in counterparts, each of which shall constitute an original instrument, but which counterparts together shall constitute the same agreement. The delivery by either party to the other of a facsimile or telecopy of a signed counterpart shall have the same legally binding effect as the delivery of an original signed counterpart. This Stipulation shall be entered as an Order of the Court. JOSEPH BELTRANTE Plaintiff, Jennife L. pears, Esquire Attorney fa Plaintiff SABRINA GEVAERT Defendant Melanie L. Erb, Esquire Attorney for Defendant BY THE COURT: Date: , J. 4 the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. X. TAXES Mother shall have the right to claim the child on her taxes and Father will sign any documentation required for her to do so. This Custody Stipulation may be executed in counterparts, each of which shall constitute an original instrument, but which counterparts together shall constitute the same agreement. The delivery by either party to the other of a facsimile or telecopy of a signed counterpart shall have the same legally binding effect as the delivery of an original signed counterpart. This Stipulation shall be entered as an Order of the Court. JOSEPH BELTRANTE Plaintiff Jennifer L. Spears, Esquire Attorney for Plaintiff Date: 1221 010 (2'n I z 1 m? 6 CL AEI` f n? . ?rt?' 14, fio 4 S A GEV Defiendan Mel ie . Erb, Esquire Attorney for Defendant n V TLTL' t'%nT Tn T. ?0solN JOSEPH BELTRANTE, IV, Plaintiff V. SABRINA GEVAERT f/k/a SABRINA MCKEAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-667 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT Y, /AND NOW, this 2 day of ? /? , 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated November 29, 2010 is hereby vacated. Mother's Petition for Contempt is held in abeyance. 2. The Father, Joseph Beltrante, IV and the Mother, Sabrina Gevaert, shall have shared legal custody of Joseph Beltrante, V, born April 18, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 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 the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. The parties shall cooperate with counseling for the child which Father will be responsible for scheduling. Mother shall be entitled to communicate with the counselor and participate with the counseling if recommended by the counselor. 4. Father shall have primary physical custody of the child. 5. Mother shall have periods of supervised visitation at ABC Educational Services, Carlisle, for one hour per week. This visitation shall also include the child from the companion case. The two Fathers and Mother shall share equally in the cost of the supervised visitation. 6. Mother shall cooperate with a psychiatric evaluation and provide her prior mental health records to the psychiatrist. Said evaluation shall be paid for by both Fathers. 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. Another conciliation Conference is scheduled for Friday, June 1, 2012 at 9:30 a.m. In the event that either party desires a Conciliation Conference prior to June 1, 2012, counsel may contact Melissa Greevy, Esquire for an earlier Conciliation Conference. BY THE COURT, J. cc. Jennifer L. Spears, Esquire, Counsel for Father C_- -Gm ,/'Jessica Holst, Esquire, MidPenn Legal Services, Counsel for Mother q -vr ? .rte 3 r-;-,. CIO PO 12- JOSEPH BELTRANTE, IV, Plaintiff V. SABRINA GEVAERT f/k/a SABRINA MCKEAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-667 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Albert H. Masland, 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: 1. The pertinent information concerning the Child who is the subject of this litigation. is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joseph Beltrante, V April 18, 2007 . Father 2. A Conciliation Conference was held in this matter on January 20, 2012, with the following in attendance: The Mother, Sabrina Gevaert, with her counsel, Jessica Holst, Esquire, MidPenn Legal Services and the Father, Jos'?pli Beltrante, IV, with his counsel, Jennifer L. Spears, Esquire 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated November 29, 2010 providing for shared legal custody and shared physical custody with Mother having alternating weekends Thursday through Monday and alternating Wednesdays through Fridays. 4. Mother has had some mental health issues and has not seen the child since late 2010. 5. There is a companion case docketed at 2010-666 Ness v. Gevaert. 6. The parties agreed to an Order in the form as attached. Date: 1 2-0 -12 I. ac eline M. Verney, Esquire Custody Conciliator FAFILESTlients\12751 Beltrante\12751.1.notive to relocate.wpdAde Revised: 616113 1:26PM Jennifer L. Spears,Esquire MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 CUMBERLASO (717) 243-3341 PENNSYLVANIA Attorneys for Plaintiff JOSEPH BELTRANTE, IV IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-667 SABRINA GEVAERT, f/k/a SABRINA McKEAN, Defendant IN CUSTODY NOTICE OF INTENDED RELOCATION TO: Sabrina Gevaert, Plaintiff Plaintiff, Joseph Beltrante, IV,provides the following pursuant to Pa. C.S.A §5337 (c): 1. Plaintiff is relocating to Fort Worth, Texas for employment. 2. The mailing address is: Unknown at this time, but will be provided immediately to Defendant once it becomes available to Plaintiff. 3. Names and ages of people who will live in the new residence: Maryna Beltrante,28, Joseph Beltrante, V, 6. 4. Home telephone number of the new residence: 717-586-1077 (cell phone number which will not change). 5. Name of new school district and school: The school district will depend on the new address, but it will be near Fort Worth, TX This information will be provided immediately to the Defendant once it becomes available to Plaintiff. 6. Date of proposed relocation: July 8, 2013. 7. Reason for the relocation:Plaintiff was unemployed since December,2012 and work in his line of career was not available locally. Plaintiff worked out of Washington,D.C. previously as there was no work available locally,and before the child was born he worked over seas. Plaintiff only received the job offer on June 3, 2013 and is hereby giving notice as quickly as possible. 8. Proposal for revised custody schedule: Plaintiff will provide transportation and supervision costs for Mother to have supervised visitation with the child over the summer and over Christmas break from school. Father proposes that Mother have 4-6 hours of supervised custody with the child for 2-3 days, once during the summer and once in December over school break. Father can arrange additional supervised visitation with Mother if he is in Pennsylvania at other times. 9. Additional information that is relevant to the proposed relocation:Plaintiff has been the primary care giver for the last several years,with Mother either having no contact,or supervised visitation, at most one hour every other week with the child. 10. A counter-affidavit is attached that you can use if you object to the proposed relocation. I verify that the statements made in this Notice are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities). Date: June 6, 2013 Josep eltrante 708 Aslan Court York, PA 17404 WARNING TO NON-RELOCATING PARTY IF YOU WANT TO OBJECT TO THE PROPOSED RELOCATION,YOU MUST FILE A COUNTER-AFFIDAVIT WITH THE PROTHONOTARY'S OFFICE WITHIN THIRTY(30) DAYS AFTER RECEIPT OF THIS NOTICE OR YOU WILL BE FORECLOSED FROM OBJECTING TO THE RELOCATION. f Jennifer L. Spears, Esquire MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH BELTRANTE, IV IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-667 SABRINA GEVAERT, f/k/a SABRINA McKEAN, Defendant IN CUSTODY COUNTER-AFFIDAVIT REGARDING RELOCATION This proposal of relocation involves the following child,Joseph Beltrante,V,born April 18, 2007. He is currently residing at: 708 Aslan Court, York, Pennsylvania 17404 I have received notice of the proposed relocation and: 1. I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to the notice. 2. I do not object to the relocation,but I do object to modification of the custody order, and I request that a hearing be scheduled: a. Prior to allowing Joseph to relocate. b. After Joseph relocates. 3. I do object to the relocation and I do object to the modification of the custody order, and I further request that a hearing be held on both matters prior to the relocation taking place. I understand that I must also file this counter-affidavit with the Prothonotary's Office and that I must mail a copy to the other party by certified mail, return receipt requested. I understand that if I fail to file this counter-affidavit and mail a copy to the other party within thirty(30)days of receipt of the proposed relocation notice,I shall be prevented from objecting to the relocation. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities). Date: Sabrina Gevaert 706 Midland Road Mechanicsburg, PA 17055 F:\FtLES\Clients\12751 Beltrante\12751.1.aos.wpd/tde Revised: 6/11/13 9:46AM Jennifer L. Spears, Esquire MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH BELTRANTE, IV IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-667 SABRINA GEVAERT, f/k/a SABRINA McKEAN, `-' - I1 m c— Defendant IN CUSTODY �> . . r . AFFIDAVIT OF SERVICE , r COMMONWEALTH OF PENNSYLVANIA ) - , SS. -" COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Notice of Relocation was mailed to Defendant Sabrina Gevaert f/k/a Sabrina McKean at 706 Midland Road, Mechanicsburg, PA 17055 on June 6, 2013, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed"Sabrina Gevaert"and dated June 7, 2013. Jennifer L. Spears, Esquire Sworn to and subscribed COMMONWEALTH OF PENNSYLVANIA Notarial Seai before me this // day of Shelly Taylor,Notary Public Carlisle Boro,Cumberland County June, 2013. My Commission Expires Aug.5,2013 MEMBER,PENNSYLVANIA ASSOCIATInN OF NOTARIES lyota Publi4' M ,• raj• (�. MVNPBF US S : m ru $0.66 0013 in Postage 3 Certified Fee $3.1y Q A1717or� rR Fee C3 C3 Return(Endorsement Required) ;2 He M Restricted Delivery Fee O (Endorsement Required) $4 2013 C3 Total Postage&Fees $ $11. b O 1 ru UCj[ Sent TO 3`tfeet,ilpt o.; ..... •--"-"•••-"-"• ... or PO Box Na. D ciry'siaie;zi" SECTION COMPLETE THIS ON DELIVERY SENDER:COMPLETE THIS SECTION I • Complete items 1,2,and 3.Also complete A. Signat item 4 if Restricted Delivery is desired. X gent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(PLed Name) C. Date of Delivery • Attach this card to the back of the maiipiece, * mZ4r9d or on the front if space permits. D. �' D. Is delivery address different fro 4gtdl7t; s 1, Article Addressed to: if YES,enter delivery add 3 G , 701 urA A 3, Se ice Type 666 ' Oertified Mail 0 Express Mall ❑Registered ❑Return Receipt for Merchandise il7o ❑ Insured Mail ❑C.O.D. JJ 4. Restricted Delivery?(Extra Fee) XrYes �. Article Number 11' 2000 0001 2 5 2 3 0435 (Transfer from service labeg �!��� t PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M•154Q y � Jennifer L. Spears, Esquire ar THE PROTHONOTARY MARTSON LAW OFFICES 2013 JUN 24 Aft 9: 26 I.D. 87445 CUMBERLAND COUNTY 10 East High Street PENNSYLVANIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH BELTRANTE, IV IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-667 SABRINA GEVAERT, f/k/a SABRINA McKEAN, Defendant IN CUSTODY COUNTER-AFFIDAVIT REGARDING RELOCATION This proposal of relocation involves the following child,Joseph Beltrante,V, born April 18, 2007. He is currently residing at: 708 Aslan Court, York, Pennsylvania 17404 I have received notice of the proposed relocation and: 1. I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule / as attached to the notice. ✓ 2. I do not object to the relocation,but I do object to modification of the custody grder, and I request that a hearing be scheduled: a. Prior to allowing Joseph to relocate. b. After Joseph relocates. 3. I do object to the relocation and I do object to the modification of the custody order, and I further request that a hearing be held on both matters prior to the relocation taking place. I understand that I must also file this counter-affidavit with the Prothonotary's Office and that I must mail a copy to the other party by certified mail, return receipt requested. I understand that if I fail to file this counter-affidavit and mail a copy to the other party within thirty(30)days of receipt of the proposed relocation notice,I shall be prevented from objecting to the relocation. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities). Date: Sabrina Gevaert 706 Midland Road Mechanicsburg, PA 17055 JOSEPH BELTRANTE, IV, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SABRINA GEVAERT, f/k/a SABRINA McKEAN, DEFENDANT 10-0667 CIVIL TERM rr�� ORDER OF COURT G( AND NOW, this il% day of June, 2013, upon consideration of the Plaintiff's Notice of Intended Relocation and the Defendant's Counter-Affidavit Regarding Relocation, a hearing shall commence at 3:00 p.m., July 9, 2013, in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Alberf H. Masland, J. Jennifer L. Spears, Esquire For Plaintiff Sabrina Gevaert, Pro se 706 Midland Road Mechanicsburg, PA 17055 :sal C= -0z r TI Vie. co rte- �, y► q CD JOSEPH BELTRANTE, IV, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SABRINA GEVAERT, f/k/a SABRINA McKEAN, DEFENDANT 10-0667 CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2013, following a brief hearing on relocation related issues, the parties shall reconvene for further testimony at 1:00 p.m., Monday, August 19, 2013, in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. If the parties are unable to agree otherwise, Father shall arrange for the child to be transported to Cumberland County by August 12, 2013 so that Mother may enjoy periods of visitation with the child prior to the hearing. Mother shall enjoy no less than two separate two hour periods of visitation supervised by Alternative Behavior Consultants, which shall be paid for by Father, and at least one period of visitation for at least three hours at Mother's residence, which shall be supervised by maternal grandparents. By the Court, Albert H. Masland, J. i `_' a � nnifer L. Spears, Esquire For Plaintiff ,,"*"M"ichael Scherer, Esquire For Defendant Alternative Behavior Consultants 224 South Hanover Street Carlisle, PA 17013 :sal l.^ 1 PR0 i HOs.liJ.fi: Jennifer L. Spears, Esquire 3: 33 MARTSON DEARDORFF WILLIAMS OTTO GILROY4 � �L MARTSON LAW OFFICES CUMBERLAND COUIi i i I.D. 87445 PENNSYLVANIA 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH BELTRANTE, IV IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-667 SABRINA GEVAERT, f/k/a SABRINA McKEAN, Defendant IN CUSTODY PLAINTIFF'S MOTION FOR RECONSIDERATION OF ORDER OF COURT DATED JULY 11,2013 AND NOW, comes the Movant, Joseph Beltrante, IV, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby moves the Court to reconsider and modify its Order of Court dated July 11, 2013, and in support thereof avers as follows: 1. By prior Orders of Court dated January 23, 2012 and December 12, 2012, Plaintiff Joseph Beltrante, IV, (hereinafter referred to as "Father") and Defendant Sabrina Gevaert, (hereinafter referred to as "Mother") have shared legal custody of Joseph Beltrante, V (hereinafter referred to as "the child"), and Father has primary physical custody subject to Mother's supervised visitations for one hour, every other week, at Alternative Behavior Consultants ("ABC") in Carlisle. 2. On June 3, 2013, Father received a job offer in Texas. 3. On June 6, 2013, Father provided a formal notice of relocation to Mother by certified mail, along with a counter-affidavit, as required by statute and with as much notice as he could give. 4. Father's relocation was required by July 8, 2013 when his position began. 5. On June 24, 2013, Mother filed her counter-affidavit, objecting to the proposed modification of the custody schedule, but not to the relocation. 6. A hearing was held on July 9, 2013 before the Honorable Albert H. Masland. 7. Only Mother testified on July 9, 2013, as the Court needed to set another time and date to continue the hearing to allow for further testimony. 8. After hearing only Mother's testimony, the Honorable Albert H. Masland entered an Order of Court dated July 11, 2013, requiring Father to transport the child to Pennsylvania for a visitation with Mother by August 12, 2013, with the hearing being scheduled on August 19, 2013. 9. In choosing a date for the hearing according to the Court's availability, the parties agreed on the hearing being held August 19th, with the idea that visitation with Mother would occur the weekend prior to the hearing, so that Father would only have one trip now to Pennsylvania to provide the child for visitation and to attend the hearing, as the transportation is significant and Father just started his job this month. 10. Further, Father has requested and held time with ABC, who has been supervising all prior visits with Mother and child for several years, for the weekend of August 17 and 18, 2013. The times available on those days for visitation are between the hours of 10:00 am and 1:00 pm. 11. Under the prior Court Order, Mother's visitation from the time of child's move to Texas to the time of the hearing would have been 3 hours of supervised visitation at ABC. The Court Order of July 11, 2013 requires a minimum of 7 hours of visitation with Mother and child, and would require to Father to miss over a week of work at his new job, plus incur all costs of transportation, supervision, and accommodations, which places an undue burden on Father. 12. The Court has not yet heard testimony from Mother's treating physicians as to her current mental health status, yet Mother has had significant mental health issues for several years. 13. Father will testify to his knowledge of Mother's abusive behavior to the child which occurred prior to any periods of supervision. Further, the child has exhibited severe anxiety as a reaction to learning he will be returning to Pennsylvania for more extended visitations with Mother. Father intends to produce medical evidence and testimony at the upcoming hearing regarding the child's current state of mental health and likelihood of past trauma and/or abuse. 14. Father does not believe that supervision by maternal grandmother at this time is sufficient supervision, as maternal grandmother has an interest in seeking to have time with the child in her home. 15. Father respectfully requests this Honorable Court reconsider and modify its Order of July 11, 2013 to require visitation with Mother, supervised at ABC, on August 17 and 18, 2013, from 10:00 am to 1:00 pm. Father will pay the costs of supervision by ABC and will transport the child for the visitations. 16. Counsel for Mother has indicated that Mother does not concur with the relief requested. 17. The Order of July 11, 2013 was signed by the Honorable Albert H. Masland, as indicated herein. WHEREFORE, Plaintiff respectfully requests this Honorable Court reconsider and modify the Order of July 11, 2013 to direct that Mother shall have visitation prior to the hearing on August 19, 2013, at ABC on August 17 and August 18 from 10:00 am to 1:00 pm both days. MARTSON LAW OFFICES By f Jennifer L. YSp ars, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 23, 2013 Attorneys for Joseph Beltrante, IV CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Motion for Reconsideration was served this date via facsimile and by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael Scherer, Esquire BARIC & SCHERER 19 West South Street Carlisle, PA 17013 MARTSON LAW OFFICES B Ami YT-hummu Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 23, 2013 JOSEPH BELTRANTE, IV, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SABRINA GEVAERT, f/k/a SABRINA McKEAN, DEFENDANT 10-0667 CIVIL TERM ORDER OF COURT AND NOW, this 7 day of July, 2013, after considering Plaintiff's Motion for Reconsideration of Order of Court dated July 11, 2013, it is hereby ORDERED that the second paragraph of this Court's Order of July 11, 2013 is revised and replaced as follows: Father shall arrange for the child to be transported to Cumberland County so that Mother may enjoy periods of visitation with the child on August 16, 17 and 18, 2013 from 10:00 a.m. to 1:00 p.m. Two of the periods of visitation shall be supervised by Alternative Behavior Consultants and paid for by Father. One period of visitation shall be at Mother's residence and shall be supervised by the maternal grandparents. By the Court, Albert H. Masland, . ,Jennifer L. Spears, Esquire For Plaintiff Michael Scherer, Esquire • - For Defendant 14 • -p w C-- w�i x /Alternative Behavior Consultants 224 South Hanover Street cn --c --4 , Carlisle, PA 17013 :sal �- 4 4 JOSEPH BELTRANTE, IV, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNMDVA A V. c SABRINA GEVAERT, f/k/a =¢ c SABRINA McKEAN, : DEFENDANT 10-0667 CIVIL TERM CD � ORDER OF COURT "4 tp AND NOW, this day of August, 2013, following hearings on July 9 and August 19, 2013 with respect to Plaintiff's proposed relocation, the court takes this matter under advisement and, in order to provide for the best interests of the minor child, issues the following interim directives to the parties: 1. Within 24 hours of enrolling the child in school, Father shall provide Mother's counsel and the court with documentation regarding the child's school, including but not limited to, contact information for the school district in general and the elementary school in particular, and school calendars. 2. Father shall promptly provide Mother's counsel and the court with documentation regarding any counseling or therapy the child has received from any mental health- related provider since January 1, 2011, including the reason for the counseling or therapy, the number of sessions and the duration of each session. 3. Mother shall promptly provide Father's counsel and the court with documentation regarding any mental health or drug and alcohol treatment she has received since January 1, 2011. This shall include, at a minimum, the dates of treatment, the reasons for the treatment and whether she was successfully or unsuccessfully discharged. 4. Father shall promptly provide Mother's counsel and the court with documentation, medical and otherwise, regarding the minor child's recent injury which resulted in him receiving eleven stitches on his forehead. a � 5. The documentation described in the above paragraphs shall be shared by the parties and submitted to the court no later than August 30, 2013. The parties shall be deemed to have attested to the authenticity of any documents submitted. The court will determine what documents or materials are relevant in fashioning its final order (in the absence of an agreement between the parties as referenced below) and incorporate those documents into the record. A final order regarding the Father's relocation will not be issued prior to August 30, 2013. Thereby, we afford the parties an opportunity to discuss and resolve the issues before the court. Because Mother has not contested Father's relocation to Texas, the parties shall focus their efforts on the custodial rights Mother should be afforded and any therapeutic or physical safety measures that should be implemented. In the absence of an agreement, the parties may submit separate proposals to the court on or before August 30, 2013, to the extent said proposals differ from the positions set forth in court. By the Court, Albert H. Masland, J. ✓Jennifer L. Spears, Esquire For Plaintiff ✓Michael Scherer, Esquire For Defendant :sal Dry) JOSEPH BELTRANTE, IV, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA SABRINA GEVAERT, f/k/a �► M M-- SABRINA McKEAN, M:0 -0 DEFENDANT 10-0667 CIVIL TERM �� , o MEMORANDUM OPINION AND ORDER OF COURT c� =X =C) Masland, J., September 6, 2013:-- , c�a Before the court is the seemingly simple issue of what custodial rights Mother should receive following Father's relocation to Texas with the parties' minor child Joseph Beltrante, V. For the sake of brevity and to minimize the parties' discomfort over this challenging set of circumstances, we will not discuss all of their difficulties at this time. Rather, we will state only those findings necessary to proceed cautiously and incrementally. First, we note that the custodial rights Mother was afforded when the child lived in Pennsylvania were minimal at best. Clearly, they were insufficient to reestablish the bond with her son, which had been strained when primary custody was transferred to Father approximately three years ago due to Mother's mental health concerns. Unfortunately, if Father was ever supportive of a relationship between the child and Mother, that is not the case today. As noted by the child's psychiatrist, following a referral from the child's school district, the child has been told by Father that Mother is "a bad guy — she's trying to be a mother."' When 'The statement of the psychiatrist was derived from an evaluation of child on May 14, 2013 done at Wellspan Behavioral Health that was provided to the court pursuant to our directive to the parties of August 20, 2013. We make that evaluation part of the record and mark it as Court Exhibit 1. 10-0667 CIVIL TERM questioned in court on August 19, 2013, as to why the child adamantly refused to acknowledge that Mother is indeed his mother, Father was dissembling, at best. As such, it is not surprising that the child has developed an animus towards Mother, which, when coupled with the child's behavioral issues, creates an almost unresolvable state of affairs. Sadly, the geographic distance between Mother and child exacerbates the psychological and emotional distance and leaves the court with few realistic options to bridge the gap — something Father hopes will never happen and Mother expects too soon. Therefore, in the absence of any meaningful negotiations between the parties we will attempt to address the best interests of the child with the following order: 1. Father shall continue to enjoy primary physical custody of the child and his relocation to Texas is approved. 2. Legal custody shall be shared as set forth below: a. Although the circumstances of the case are such that Father will make the majority of the decisions concerning the child's health, education and welfare, he shall involve Mother in all major, non- emergency decisions concerning their child, including, but not limited to, his health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing. Decisions shall be made after discussion and consultation with each other, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in their child's best interests. b. Both parents shall have the right to access the child's medical, dental, religious and school records, the address of the child and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). C. Father shall execute any and all legal authorizations so that Mother may obtain information from the child's schools, physicians, -2- 10-0667 CIVIL TERM dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning their child's progress and welfare. d. Father shall arrange for the child's school to provide Mother with identical information. Father shall email Mother on a weekly basis regarding the child's progress in school. e. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their child. f. Parents shall civilly and respectfully communicate about co- parenting legal custody issues and changes in schedules in person and via letters, faxes, texts or e-mail, whichever means is most appropriate for the matter. 3. Counseling: a. Reunification Counseling: Father is directed to engage the services of a counselor who is able to provide reunification therapy/services to the child, and if deemed appropriate by the counselor, to the parents as well. The court notes that the child is presently seeing Jason McCoy, MSW, LCSW, of the Center for Counseling and Family Relationships in Fort Worth, Texas, and to the extent that Mr. McCoy is able to provide these services, that is acceptable to the court. The reunification counselor shall be provided with the evaluation of the child conducted on May 14, 2013 by Wellspan Behavioral Health. (Court Ex. 1). b. The parents shall enroll, as needed, in private individual therapeutic counseling to maintain their optimum mental health as a parent. Specifically, Mother shall continue with her mental health counseling until she is medically discharged.2 4. Mother shall be afforded the following rights of physical custody: a. Mother shall visit with the child in Fort Worth, Texas from October 11-14, 2013. On October 11th, Mother, Father and the child will meet with the child's reunification counselor. The duration of that meeting shall be determined by the counselor. On the 12tH 13tH and 14tH, Mother shall be afforded a minimum of one visit per day of no less than three hours in duration. If the reunification counselor believes these visits should be supervised, Father will retain the services of an appropriate supervisor who shall not be 2 We refrain from making Mother's various psychiatric records part of the record at this time, noting only that Mother has been compliant with her counselors/physicians thus far. -3- 10-0667 CIVIL TERM related to the parties. Otherwise, Mother shall have unsupervised visits with child in a public location (e.g., restaurant, library, park, Following Mother's October visits with the child, we DIRECT the reunification counselor to submit a report/evaluation to the court which contains at a minimum an evaluation of the visits and recommendations for future contact between Mother and child. b. During the child's Christmas vacation Mother shall visit with the child in Fort Worth, Texas on December 27-30, 2013. As with the October visits, the first visit shall be with the reunification counselor and include Father, Mother and the child. Thereafter, visits shall occur on December 28-30 in the same manner as described for the October visits. Following Mother's December visits with the child, we DIRECT the reunification counselor to submit a report/evaluation to the court which contains at a minimum an evaluation of the visits and recommendations for future contact between Mother and child. C. If during the 2013-2014 school year Father and the child travel to Pennsylvania to visit with his relatives, arrangements shall be made to provide Mother and her family with opportunities to visit with the child. d. The parties may adjust the schedule by mutual agreement. 5. Father shall be fully responsible for transportation costs for Mother for her visits to Fort Worth in October and December 2013. Father shall also make reservations for Mother at a hotel in close proximity to Father's residence and provide Mother with $200.00 at least two weeks before the visits, which she shall use for hotel expenses for each period of visitation. If Mother cancels any visit or fails to appear, she shall be responsible for reimbursing Father for any nonrefundable 6. Following the December visits, and following a good faith effort by the parties and counsel to reach an agreement, the parties shall provide the court with a stipulation or separate proposals for Mother's custodial responsibilities in 2014. e Court, _ 10-0667 CIVIL TERM Jennifer L. Spears, Esquire For Plaintiff Michael Scherer, Esquire For Defendant :sal 1 T�es ryhaA 91LO -5- . it JAN 13 1 t xi ttiL.t-t ,i. '... JOSEPH i BELTRANTE, IV : IN THE CO L Rot RC N PLEAS S OP Plaintiff = CUMBERLAND COUNTY,PENNSYLVANIA v. : NO. 2010-667 SABRINA GEVAF. U, f/k/a SABRIN.A,McKEAN, • Defendant : IN CUSTODY ENTRY OF AlP)('EARAN ,E AS a1 SELF-REPIRESENTED PARTY 1. I am the X Plaintiff ❑Defendant in the above-captioned (MARK ONE) X custody, 0 divorce, ❑ support, 0 protection from abuse, ❑ paternity case. 2. CJ This(MARK ONE) 0 is 0 is not a new case and:1 a.m.representing myself in this case and have decided not 1:o hire an.attorney to represent me. OR(check only one box) X This is NOT a new case and Jennifer L. Spears, Esquire of Martson Law Offices previously represented me in this case. .1 have decided not to be represented by that attorney and direct the Prothonotary to remove that attorney as my counsel of record in this case. I have provided a copy of this form to that attorney listed above at the following address: Jennifer L. Spears, Esquire Mattson Law Offices 10 E.High Street Carlisle, PA 17013 X I am entering my appearance as a self-represented party. My attorney acknowledges her withdrawal as my attorney in this case. is fermi "er Spears, Esquire ^� 3. My address for the purpose of receiving all future plea.dings and other legal notices is: 70tAsk4 ci ifk m /7 yo% . T understand that this address will be the only address to which notices and pleadings in this case will be sent, and that i, am responsible to regularly check my mail at this address to ensure that I do not miss important deadlines or proceedings. This is my home address. ❑ This is not my home address. 4. My telephonen.u.mber where I can be reached during normal business hours (8:00 a.m. 4:30 p.m. Monday..,Friday)is('7�7) See -/a7 7 My email address is 0 / tT e Goaw cey►--, 5. I UNDERSTAND I MUST FILE A NEW FORM EVERY TIME MY ADDRESS OR TELEPHONE NUMBER CHANGES. 6. I have provided a copy of this form to all other attorneys or other self-represented parties at the following addresses as listed below: Name/Address: Michael Scherer, Esquire BARTC & SCHERER • 19 West South Street Carlisle, PA 17013 7. 1 fully understand that by deciding to represent myself, the Court will hold me to the 'same standards of knowledge regarding the statutory law, evidence law, Local and State Rules of Procedure and applicable case law as a Pennsylvania licensed attorney, and that 1 must be fully prepared to meet those responsibilities. .1 verify that the statements made in this Entry of Appearance as a Self-Represented Party are true and correct. I understand that if I make false statements herein, that I am subject to the criminal penalties of 18 Pa.C.S. §4904 relating to 110sworn falsification to authorities which could result in a fine and/or prison term. /—/3 --"1:0Y3 (� Date Joseph Beltra.nte, TV CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy& Faller, hereby certify that a copy of the foregoing Entry of Appearance as a Self-Represented Party was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael Scherer, Esquire BARIC & SCHERER 19 West South Street Carlisle, PA 17013 MARTSON LAW OFFICES CY _ !//. I. .'f Tricia��. Eckenroas Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 13, 2014 JOSEPH BELTRANTE IV, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2010-0667 CIVIL SABRINA L. GEVAERT, f/k/a CIVIL ACTION - LAW SABRINA L. McKEAN, Defendant : (-) .z CP c: --P PETITION FOR FINAL CUSTODY ORDER PURSUANT TO MEMORANDUM OPINION DATED SEPTEMBER 6, 2013 m rn AND NOW, comes Sabrina Gevaert, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. Sabrina Gevaert (hereinafter "mother") is an adult individual who resides at 706 Midland Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Joseph Beltrante, IV, (hereinafter "father") is an adult individual who resides in Texas but provided a mailing address of 708 Asian Court, York, Pennsylvania 17404 for all pleadings in this case. Jennifer Spears, Esquire, withdrew her appearance for father on January 13, 2014, at which time father entered his appearance as a self-represented party. 3. The parties are the parents of Joseph Beltrante, V, born April 18, 2007. 4. Father relocated with the child from the York, Pennsylvania area to the Fort Worth, Texas area in the summer of 2013. 5. This Honorable Court's Order dated September 6, 2013, set visits for mother to see the child in Texas in October and December, which visits occurred "without incident" according to father. 6. Father did not retain a reunification counselor as required by the September 6, 2013 Order of Court because father "was not able to find a licensed therapist or psychologist willing to assist with this case in the way specified by Judge Masland." 7. Although mother was appreciative of the visits with her son in October and December, the visits were rather artificial in that they always involved interactions at public places such as shopping malls or restaurants and mother would like the opportunity to visit with her son in her home in a more natural environment. 8. Mother is concerned that father refers to her in the child's presence as "Sabrina" and mother is concerned that the child is not aware that she is his biological mother. 9. Mother has received no information concerning any counseling the child may be receiving. 10. Mother has made efforts to contact the school which the child is allegedly attending but the school refuses to release any information to mother without father's consent. Mother has asked father to contact the school to provide such consent but he refuses to do so. 11. Father is only willing to allow mother to visit the child in Texas. 12. Mother continues to be employed as a developmental care specialist at Allegheny Valley School where she has passed criminal background and abuse verifications. Mother essentially takes care of other people in connection with her employment. 13. Mother has had no criminal or emotional issues since this case was last heard in Court. 14. Mother continues to work towards her degree as a drug and alcohol counselor in an online course through ICDC College. 15. Mother continues to reside with her mother, Pam Davis, who is herself a licensed practical nurse as verified last summer in Court. 16. Although mother had some emotional issues several years ago resulting in an Order for supervised visitation, the necessity of supervised visitation has long passed but mother has been unable to have the supervised visits lifted due in large part to her lack of financial resources and reliance upon pro bono legal services to advance her case. 17. Mother continues to pay child support for her son which was recently increased to $375.00 per month. 18. Undersigned counsel has exchanged email communication with father which has not resulted in a resolution of this case. WHEREFORE, mother respectfully requests that this Honorable Court enter and Order providing that: 1. Father have primary physical custody of the child. 2. Mother have partial physical custody as follows: A. Every October and March in Texas during the child's break from school for four days. B. Every Christmas, in even years for one week beginning the day child commences Christmas vacation from school, and in odd years from December 26 through December 30. Mother's custodial period at Christmas shall occur in Pennsylvania. C. During the summer of 2014, one uninterrupted seven day period from June 23 through June 30, and two uninterrupted weeks from July 14 through July 28. These visits shall occur in Pennsylvania. D. During the summer of 2015 and beyond, for the entire summer commencing five days after child's last day of school until seven days prior to school resuming in the fall. 3. Father shall pay for all of the transportation as set forth in paragraph 5 of the Order dated September 6, 2013. Father shall pay also pay for the child's transportation costs for mother's periods of physical custody occurring in Pennsylvania. 4. Father shall immediately confirm the name and address of the school child attends and provide the Court and counsel with a signed consent allowing the school to release information to mother and freely communicate with mother about child's education. 5. Father shall keep mother appraised of any medical care or mental health services the child receives by notifying her of the circumstances of such treatment one week prior to any scheduled appointments or within forty-eight hours of any unscheduled treatment. Respectfully submitted, BARIC SCHERER LLC ichael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: March /If 2-011-1 CERTIFICATE OF SERVICE I hereby certify that on March 27, 2014, I, Jennifer S. Lindsay, secretary at Baric Scherer LLC, did serve a copy of the Petition For Final Custody Order Pursuant To Memorandum Opinion Dated September 6, 2013, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Joseph Beltrante, IV 708 Asian Court York, Pennsylvania 17404 JOSEPH BELTRANTE IV, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2010-0667 CIVIL SABRINA L. GEVAERT, f/k/a CIVIL ACTION - LAW SABRINA L. McKEAN, Defendant : ORDER OF COURT AND NOW, this "5 day of 4,i , 2014, upon consideration of the attached Petition For Final Custody Order Pursuant To Memorandum Opinion Dated September 6, 2013, a hearing is set in this matter for the I' day of LI , 2014, at /: 36) a,Folp.m. in Courtroom No. 1 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 Beltrante, IV 708 Asian Court York, Pennsylvania 17404 eo 'es BY THE COURT, Albert Masland, J. C.A.) Name: Joseph Beltrante IV Address: 6080 South Hulen Street STE360 City: Fort Worth, TX Zip: 76132 Telephone: 717- 586 -1077 Email: 717- 586 -0177 JOSEPH BELTRANTE IV Plaintiff v. SABRINA L GEVAERT, f /k/a SABRINA L McKEAN, 1.. B -OEF.1C4 OF THE PROTHONO iAM 2014 APR 17 MI it 33 CUMBERLAND COUNTY pp v : IN THE�COURTOFICOMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : NO. 2010 -0667 CIVIL MOTION FOR CONTINUANCE AND NOW COMES, Joseph Beltrante IV, who files this Motion for Continuance and alleges as follows: 1. A hearing is scheduled before the Honorable Albert J. Masland on May 1, 2014. 2. I request that the hearing be continued and rescheduled no sooner than May 31, 2014, due to being located in Texas which requires significant travel. I request adequate notice in order to schedule vacation, avoid complications with my employment due to unplanned absence, and coordinate travel and legal representation prior to the hearing. 3. I have contacted the opposing counsel and they do not agree to the continuance. Wherefore, I request the court to grant this motion for continuance and reschedule the matter. I verify that the statements made in the Motion for Continuance are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date Joseph Beltrante IV 7/7- 516-/077 Telephone CERTIFICATE OF SERVICE I, Joseph Beltrante IV, hereby certify that a true and correct copy of the foregoing Motion for Continuance was mailed by first -class mail, on this date, addressed as follows: Michael A Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania, 17013 Sabrina L Gevaert 706 Midland Road Mechanicsburg, PA 17055 /5 .020/Y DATE Joseph Beltrante IV s 1* JOSEPH BELTRANTE IV, Plaintiff v. SABRINA L GEVAERT, f /k/a SABRINA L McKEAN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010 -0667 CIVIL Defendant : ORDE AND NOW THIS 2 day of consideration of the attached Motion for C•. 'nuance, it is hereby ordered as follows: , 2014, upon • ..���•'MI � `�T+__. w �,. may., _ ,�_" .�, .. Motion for Continuance is DENIED. i+tRrij f 4.1 // or+o tee/ a f *7 ar.4 f4 a eft P *to /aH ,% ✓ 44d "-to fIp � seo c U 06..4r.1 "e► l(racA4 a c15 Pat./sc.( M sla 6.(A.0 JO ref Ai/a s Py JOSEPH BELTRANTE IV, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . 2010-0667 CIVIL ACTION - LAW SABRINA L. GEVAERT, f/k/a SABRINA L. McKEAN, Defendant IN CUSTODY ORDER OF COURT v. AND NOW, this 1st day of May, 2014, the Court a hearing on Mother's Petition for memorandum opinion dated September to allow the parties to first in June and August of 2014 as having begun Final Custody Order pursuant to 6, 2013, we hold the record open of all address periods of visitation suggested by Father during the hearing. Either party may request that the Court schedule a resumption of this hearing to enable a full record to be presented. Pending the presentation of a full record, we urge the parties to attempt to arrange for visitation/partial custody periods between Mother and son during the summer chael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 For the Defendant of 2014. By the Court, Albert H. Masi septi Beltrante IV 6080 South Hulen Street, Suite 360 Fort Worth, TX 76132 oseph Beltrante IV 708 Asian Court York, PA 17404 .vaeeOp i tcr-L sAlly \jlNIIVIXSN$3d ).j14(100 QNV-1132Wf10 a5:i Z- 101 esi'zp �,0 i01-}10'18 34;! V. JOSEPH BELTRANTE, IV, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. SABRINA GEVAERT, f/k/a SABRINA McKEAN, DEFENDANT : 10-0667 CIVIL TERM IN RE: CUSTODY INTERIM ORDER OF COURT l AND NOW, this/' day of May, 2014, following a hearing 2014, at which the court heard primarily from Mother, an order was issued encouraging the parties to arrange for visitation/partial custody periods between Mother and the minor child during the summer of 2014. Because the parties have agreed to terms addressing the summer of 2014, without prejudice to either party to request a hearing to complete the record of the May 1, 2014 hearing, we find that it is in the best interest of the minor child Joseph Beltrante, V, born April 2007, to not only confirm the terms of the parties' agreement but also to ORDERED AND DIRECT as follows: 1. Legal custody: Legal custody shall be shared as set forth below: a. Although the circumstances of the case are such that Father will make the majority of the decisions concerning the child's health, education and welfare, he shall involve Mother in all major, non- emergency decisions concerning their child, including, but not limited to, his health, medical, dental and orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing. Decisions shall be made after discussion and consultation with each other, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in their child's best interests. b. Both parents shall have the right to access the child's medical, dental, religious and school records, the address of the child and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). A 10-0667 CIVIL TERM c. Father shall execute any and all legal authorizations so that Mother may obtain information from the child's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning their child's progress and welfare. d. Father shall arrange for the child's school to provide Mother with identical information. Father shall email Mother on a weekly basis regarding the child's progress in school. e. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their child. f. Parents shall civilly and respectfully communicate about co - parenting legal custody issues and changes in schedules in person and via letters, faxes, texts or e-mail, whichever means is most appropriate for the matter. 2. Physical custody: Father shall enjoy primary physical custody of the child with Mother afforded the following rights of physical custody: a. Pursuant to the agreement of the parties, in June, 2014, Father will transport the child to the central Pennsylvania area from June 22, 2014 to June 28, 2014. Mother shall have physical custody each of those days for ten hours, with one overnight on a day as agreed by the parents. b. Pursuant to the agreement of the parties, in August, 2014, Father will transport the child to the central Pennsylvania area for a one week period that is mutually agreed by the parents. Mother shall have physical custody each of those days for ten hours, with two overnights on days as agreed by the parents. If there are problems with the June visit, Father can seek to modify the August schedule. c. Unless the parties otherwise agree, during the 2014-15 school year, Mother will have periods of partial physical custody of the child for four days in Texas during both the child's October and March breaks from school. d. At such other times and places as the parties agree. e. Over the Christmas/New Year 2014-15 holiday, Mother shall enjoy a period of partial custody for four days in Pennsylvania with the dates to be agreed upon by the parties. -2- 10-0667 CIVIL TERM 3. Counseling: a. Reunification Counseling: To the extent that Jason McCoy, MSW, LCSW of the Center of Counseling and Family Relationships in Fort Worth, Texas is still engaged in counseling with the child, and is able to provide reunification counseling services as well, we DIRECT the parties to pursue this avenue. Although we deem it in the child's best interest to avoid engaging multiple counselors, if Mr. McCoy is unable to provide reunification counseling, the parties shall pursue services from another provider. b. The parents shall enroll, as needed, in private individual therapeutic counseling to maintain their optimum mental health as a parent. Specifically, Mother shall continue with her mental health counseling until she is medically discharged. 4. This order shall supersede our order of September 6, 2013. Joseph Beltrante, IV 6080 South Hulen Street, Suite 360 Fort Worth, TX 76132 Zros✓Josp e h Beltrante, IV 708 Asian Court Yorly, PA 17404 Michael Scherer, Esquire For Defendant :sal eZiopy ) 7') -3- By the Court, Albert H. Masland, J. JOSEPH BELTRANTE, IV, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2010-0667 CIVIL SABRINA L. GEVAERT, f/k/a CIVIL ACTION - LAW SABRINA L. McKEAN, Defendant : PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P. 1915.1.3 JFP res rrl m ill r- - ra AND NOW, comes Sabrina Gevaert, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. Sabrina Gevaert (hereinafter "mother") is an adult individual who resides at 706 Midland Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Joseph Beltrante, IV, (hereinafter "father") is an adult individual who resides in Texas but provided a mailing address of 708 Aslan Court, York, Pennsylvania 17404 for all pleadings in this case. 3. The parties are the parents of Joseph Beltrante, V, born April 18, 2007. 4. An Order was entered in this matter on May 16, 2014 which was to give mother physical custody in June and August, 2014. See attached "Exhibit A." 5. Father brought the child to central Pennsylvania in June as required by the May 16, 2014 Order. 6. The first encounter mother had with child during the June visit ended abruptly after ten minutes due to a controversy over a watch/phone/gps father had given child. Mother noticed the watch type device on child's wrist, which child indicated was a cell phone/gps that the child could use to alert father in case mother hurt the child. The child said this device was necessary in case mother hurt.the child as mother has done in the past. After the brief encounter between mother and child in mother's driveway, the child ran back to father's car and got inside, and father attempted to discuss custodial information which was inappropriate for the child to hear. Father would not exit his car despite his wife telling him to do so to address the situation, and then drove away. 7. The second encounter mother had with the child occurred the following day and lasted 5 to 10 minutes when mother, maternal grandmother and maternal uncle went to see the child at Chuck E. Cheese. Mother and her family entered the restaurant, and saw father, but not the child. Mother and her family proceeded to look for the child while father deflected questions as to where the child was located. Finally maternal uncle found the child in a play tunnel and after the short encounter and the obviously odd appearance of the whole situation, the Chuck E Cheese staff approached mother and asked to read the Court Order. Father insisted the custody had to be supervised; the staff did not see the word "supervised" in the Order, and staff suggested calling the police. Rather than make a scene, mother and her family left. 8. Mother was supposed to see the child at a family picnic later in the week but father refused to allow the visit to occur since mother would not sign a document which father had prepared which was father's version of what had transpired earlier in the week. 9. Undersigned counsel has had email contact with father regarding the August visit. See attached "Exhibit B." Mother did not renegotiate the August visit and has no idea what the reference to the DA means. 10. Father has not replied to undersigned counsel regarding the August custodial period for mother. 11. Despite father's claim that he lacks funds he attempted to persuade mother to have her custodial period in August in Texas and said he would fly mother and her family there. 12. The child was hostile to mother in June and stated his concern that mother would "take him away." Furthermore, the child alleges that mother hurt him in the past although mother has never hurt this or any other child. 13. Mother has no understanding of why the child would not express his affection for mother and relish seeing her and is concerned about what father is telling the child. 14. During the three years mother raised the child with very little involvement from father mother knew of no development or emotional problems the child had at that time. However, the child always expressed fear when he knew he had to spend time with his father. 15. Mother has no insight into any emotional problems the child has, except for what father has said. 16. Mother remains without information regarding any counseling the child is receiving. Mother believes the child was being treated for an adjustment disorder, which mother does not believe to be a severe emotional condition. Apparently the child no longer treats with the therapist in Texas named Mr. McCoy. 17. Mother is available at any time in August to have physical custody of the child pursuant to the May 16, 2014 Order of Court. WHEREFORE, mother respectfully requests that this Honorable Court enter and Order providing that: 1. Father be directed to bring the child to Pennsylvania for mother's period of physical custody pursuant to the May 16, 2014 Order of Court, during a week in August the Court selects; and, 2. Require father to produce the mental health/counseling records of the child for therapy the child has received in Texas. 1 17_3 1 i ut Respectfully submitted, BARIC SCHERER LLC A Mich- Scherer, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: 002 `SLABC? d JOSEPH BELTRANTE, IV, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CD SABRINA GEVAERT, f/k/a SABRINA McKEAN, DEFENDANT : 10-0667 CIVIL TERM IN RE: CUSTODY INTERIM ORDER OF COURT -o AND NOW, thisO day of May, 2014, following a hearing on May 1, 2014, at which the court heard primarily from Mother, an order was issued encouraging the parties to arrange for visitation/partial custody periods between Mother and the minor child during the summer of 2014. Because the parties have agreed to terms addressing the summer of 2014, without prejudice to either party to request a hearing to complete the record of the May 1, 2014 hearing, we find that it is in the best interest of the minor child Joseph Beltrante, V, born April 2007, to not only confirm the terms of the parties' agreement but also to ORDERED AND DIRECT as follows: 1, Legal custody: Legal custody shall be shared as set forth below: a. Although the circumstances of the case are such that Father will make the majority of the decisions concerning the child's health, education and welfare, he shall involve Mother in ail major, non- emergency decisions concerning their child, including, but not limited to, his health, medical, dental and orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing. Decisions shall be made after discussion and consultation with each other, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in their child's best interests. b. Both parents shall have the right to access the child's medical, dental, religious and school records, the address of the child and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). EXHIBIT "A" • 10-0667 CIVIL TERM c. Father shall execute any and all legal authorizations so that Mother may obtain information from the child's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning their child's progress and welfare. d. Father shall arrange for the child's school to provide Mother with identical information. Father shall email Mother on a weekly basis regarding the child's progress in school. e. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their child. f. Parents shall civilly and respectfully communicate about co - parenting legal custody issues and changes in schedules in person and via letters, faxes, texts or e-mail, whichever means is most appropriate for the matter. 2. Physical custody: Father shall enjoy primary physical custody of the child with Mother afforded the following rights of physical custody: a. Pursuant to the agreement of the parties, in June, 2014, Father will transport the child to the central Pennsylvania area from June 22, 2014 to June 28, 2014. Mother shall have physical custody each of those days for ten hours, with one overnight on a day as agreed by the parents. b. Pursuant to the agreement of the parties, in August, 2014, Father will transport the child to the central Pennsylvania area for a one week period that is mutually agreed by the parents. Mother shall have physical custody each of those days for ten hours, with two overnights on days as agreed by the parents. If there are problems with the June visit, Father can seek to modify the August schedule. c. Unless the parties otherwise agree, during the 2014-15 school year, Mother will have periods of partial physical custody of the child for four days in Texas during both the child's October and March breaks from school. d. At such other times and places as the parties agree. e. Over the Christmas/New Year 2014-15 holiday, Mother shall enjoy a period of partial custody for four days in Pennsylvania with the dates to be agreed upon by the parties. -2- 10-0667 CIVIL TERM 3. Counseling: a. Reunification Counseling: To the extent that Jason McCoy, MSW, LCSW of the Center of Counseling and Family Relationships in Fort Worth, Texas is still engaged in counseling with the child, and is able to provide reunification counseling services as well, we DIRECT the parties to pursue this avenue. Although we deem it in the child's best interest to avoid engaging multiple counselors, if Mr. McCoy is unable to provide reunification counseling, the parties shall pursue services from another provider. b. The parents shall enroll, as needed, in private individual therapeutic counseling to maintain their optimum mental health as a parent. Specifically, Mother shall continue with her mental health counseling until she is medically discharged. 4. This order shall supersede our order of September 6, 2013. Joseph Beltrante, IV 6080 South Hulen Street, Suite 360 Fort Worth, TX 76132 Joseph Beltrante, IV 708 Asian Court York, PA 17404 Michael Scherer, Esquire For Defendant :sal -3- By the Court, Albert H. M sland, J. TRUE COPY FROM RECORD In Testimony whereof, 1 here unto set my hand and the s of said Cotat Carlisle. Pa, This iimAday of Michael Scherer From: Mike Scherer [mscherer@baricscherer.com] Sent: Friday, July 11, 2014 3:01 PM To: 'Joe Beltrante' Subject: RE: August Visit Ok, please respond by July 15 so the arrangements can be confirmed. From: Joe Beltrante [mailto:sgevaert.status.update(agmail.com] Sent: Friday, July 11, 2014 2:14 PM To: Mike Scherer Subject: Re: August Visit We can follow the court order to the letter if that's what she desires. Late notice but I'll see what I can do to accommodate. I'll get back to you with a date. Finances have been very thin lately. Taking another week off of work and financing a cross country trip will be difficult. I may be able to raise some funds though. Joe On Friday, July 11, 2014, Mike Scherer <mscherer@baricscherer.com> wrote: Mr. Beltrante: Sabrina desires to have the August visit as Ordered. Is it your intention to follow the Order and if so which week are you selecting to come to Pensylvania? Mike Scherer From: Joe Beltrante [mailto:sgevaert.status.update(@gmail.com] Sent: Thursday, July 10, 2014 8:21 PM To: Mike Scherer Subject: Re: August Visit Sabrina didn't explain to you she "threw the court order out the window?" I'm guessing she didn't. We had significant problems with the June visit and renegotiated the August visit while you were on vacation. There's enough documented by Sabrina, at the direction of your office, that I feel the lack of a court order is inconsequential. 1 EXHIBIT "B" I sought - and obtained - a modification by mutual agreement. The evidence is even generated by Sabrina herself. What's to argue? Joe On Thursday, July 10, 2014, Mike Scherer <mscherer@baricscherer.com> wrote: Mr. Beltrante: please refer to the May 16, 2014 Order of Court, paragraph 2b. It states "If there are problems with the June visit, Father can seek to modify the August schedule." As such, the August visit remains Court Ordered, and we want to know the dates now. Again, Sabrina is available all month. We await your reply. Mike Scherer From: Joe Beltrante [mailto:sgevaert.status.updatec gmail.com] Sent: Wednesday, July 09, 2014 8:34 PM To: Mike Scherer Subject: Re: August Visit Do we plan to overlook the events that occurred during the June trip? Are they not relevant or would Sabrina prefer not to explain her actions to Judge Masland because doing so would be detrimental? I imagine the worst client is one who is not willing to tell you the truth. 2 I was going to file a modification, but it's my understanding she's being looked at by the DA. I figured I'd let nature take its course and save myself the trouble, but if you'd like to do the honors and get her in front of Judge Masland before then you're certainly welcome. Joe On Wednesday, July 9, 2014, Mike Scherer <mscherer@baricscherer.com> wrote: Dear Mr. Beltrante: I write as a follow up to the June visit between Joey and his mother. This email is notice to you that Sabrina expects complete compliance from you with the May 16, 2014 Order of Court signed by Judge Masland. Specifically Sabrina expects the August visit to occur as Ordered by the Court. Kindly supply me with the dates of your August visit on or before July 16, 2014. For your information Sabrina is available any week and for that matter any time in August that is convenient for you to bring Joey to the Mechanicsburg area. Thank you for your cooperation in this matter. Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013-3432 Phone: (717) 249-6873 Fax: (717) 249-5755 ********************************************************************** Confidential Electronic Mail Notice: The information contained in this message is intended only for the persons to whom it is addressed and may contain confidential or privileged material. Copying, distributing, dissemination, reliance on, or other use of the information by persons other than the intended recipient(s) is prohibited. If you received this message in error, please notify the sender and delete the entire message from any computer. 3 CERTIFICATE OF SERVICE I hereby certify that on July 2\3 , 2014, I, Lauren McVaugh, secretary at Baric Scherer LLC, did serve a copy of the Petition For Special Relief Pursuant to PA.R.C.P.1915.13, by first class U.S. mail, postage prepaid, to the party listed below, as fol lows: Joseph Beltrante, IV 708 Aslan Court York, Pennsylvania 17404 COW 41m1 Lauren McVaugh VOSEPH 13EL`VPINTE IV , IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA Vs Sk?la NA L. C -TEV)\ 2T Defendant IN CUSTODY No. 201 0- 0(00 CIVIL TERM CIVIL ACTION - LAW CRIMINAL RECORD / ABUSE HISTORY VERIFICATION 1, f\ 6-. 1-.. 6-5.C.th, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges O 18 Pa.C.S. Ch. 25 ❑ 0 (relating to criminal homicide) O 18 Pa.C.S. §2702 0 (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 0 0 (relating to terroristic threats) o 18 Pa.C.S. §2709.1 0 (relating to stalking) o 18 Pa.C.S. §2901 0 (relating to kidnapping) O 18 Pa.C.S. §2902 0 0 (relating to unlawful restraint) O 18 Pa.C.S. §29O3 0 0 (relating to false imprisonment) 18 Pa.C.S. §2910 0 (relating to luring a child into a motor vehicle or structure) 0 O 18 Pa.C.S. §3121 0 0 (relating to rape) 18 Pa.C.S. §3122.1 0 (relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 0 (relating to sexual assault) 0 18 Pa.C.S. §3125 (relating to aggravated indecent assault) L O 18 Pa.C.S. §3126 ❑ 0 (relating to indecent assault) O 18 Pa.C.S. 43127 0 0 (relating to indecent exposure) O 18 Pa.C.S. §3129 0 0 (relating to sexual intercourse with animals) O 18 Pa.C.S. §3130 0 0 (relating to conduct relating to sex offenders) O 18 Pa.C.S. 43301 0 ❑ (relating to arson and related offenses) O 18 Pa.C.S. §4302 0 ❑ (relating to incest) O 1.8 Pa.C.S. §4303 0 0 (relating to concealing death of child) O 18 Pa.C.S. §4305 ❑ 0 (relating to dealing in infant children) O 18 Pa.C.S. §5902(b) 0 0 (relating to prostitution and related offenses) 18 Pa.C.S. 45903 (c) or (d) (relating obscene and other sexual materials and performances) O 18 Pa.C.S. 46301 0 0 (relating to corruptoion of minors) O 18 Pa.C.S. 46312 0 (relating to sexual abuse of children) O 18 Pa.C.S. 46318 0 0 (relating to unlawful contact with minor) O 18 Pa.C.S. §6320 0 (relating to sexual exploitation I of children) 23 Pa.C.S. 46114 0 (relating to contempt for violation of Protection order or agreement) Driving under the 0 influence of drugs or alcohol ui 14 on fro qi( c9Zli, riv'aZ/64r1-) O Manufacture, sale, 0 delivery, holding, offering, for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member O A finding of abuse by a Children 0 0 & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction O Abusive conduct as defined under 0 0 the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction O Other: 0 0 3. Please list an evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the party's household has or have a criminal / abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Sign re Printed Name Scor G eecla,0P+ . JOSEPH REL`[ \IZE IV Plaintiff v. SAMNA L-CIEVNEVI Defendant In Forma Pauperis Form • IN THE COURT OF COMMON PLEAS OF Mtn? • CUMBERLAND COUNTY PENNSYLVANIA 2 1.9 cnr— .• NO. 044- CIVIL TERM —<>. 2610•- 0 (0(61 Ac) 2 p IN — X ..-.I .tom. jot- PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow,S r ,C2INA i-- WWI Defendant, to proceed in forma pauperis. I,NMichatI A. Seh-P,r-er , attorney 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. , Esquire Attorney for Plaintiff/Defendant Address City, State Zip Phone Number JOSEPH BELTRANTE, IV, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SABRINA GEVAERT, f/k/a SABRINA McKEAN, DEFENDANT 10-0667 CIVIL TERM ORDER OF COURT AND NOW, this; day of July, 2014, upon consideration of the attached Petition for Special Relief, Joseph Beltrante IV is ORDERED to make the child available to Sabrina Gevaert for periods of partial physical custody as set forth in the Order dated May 16, 2014. If the parties are unable to agree upon the dates for the August visit (paragraph 2.b of the aforesaid Order) a conference call will be held on Tuesday, August 5, 2014 at 1:00 p.m., Eastern Time (DST). Plaintiff shall call (717) 240-6294 at that time. Additionally, Joseph Beltrante, IV is DIRECTED to furnish copies of Joseph Beltrante, V's mental health/counseling records from any professional who has provided services to the child in Texas. Said records shall be provided to the Court and Michael Scherer, Esquire, on or before August 15, 2014. By the Court, Albe H. Maslan , J. Joseph Beltrante, IV 6080 South Hulen Street, Suite 360 Fort Worth, TX 76132 �oseph Beltrante, IV 708 Aslan Court -0a �.. York, PA 17404 zrn -,,-'Michael Scherer, Esquire �z car C,:.'a�=' For Defendant :salCD n �, !'ES n' 5-1 Crx JOSEPH BELTRANTE IV. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. SABRINA L. GEVAERT, f/k/a SABRINA L. McKEAN, Defendant NO. 2010-0667 CIVIL CIVIL ACTION NOTICE TO DEFEND c5= -r; -� y- r _18 ETS �rn G crk © �r s o=1; 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 AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEEDWITHOUT YOU AND AJUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANYOTHER 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER. IF YOU CANNOT AFFORD TO.HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT -MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE. CUMBERLAND COUNTY 'BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLSLE,PA17013. 1-800-990-9108 717-249-3166. ciA\ .;td /09`a,a+tc4 j2 3oquon JOSEPH BELTRANTE IV. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2010-0667 CIVIL SABRINA L. GEVAERT, f/k/a SABRINA L. McKEAN, CIVIL ACTION Defendant PETITION FOR CONTEMPT AND MODIFICATION Plaintiff states the following: 1. Joseph Beltrante IV (hereinafter "Father") resides at 6080 S Hulen Street STE 360 PMB 118, Fort Worth, TX 76132. 2. Sabrina L. Gevaert (hereinafter "Mother") resides at 706 Midland Rd, Mechanicsburg, PA, 17055. 3. The parties are the parents of Joseph Beltrante V, born April 18, 2007. 4. This Honorable Court's Order dated May 16, 2014, established unsupervised visitation for Mother in Pennsylvania for 10 hours per day between June 22nd and June 28th 5. Until Father's relocation to Texas in July 2013, mother enjoyed supervised visitation for one hour every other week which is still ordered for her youngest son, Mathew Ness. The move to unsupervised visitation was the result of Father's relocation to Texas rather than the recommendation of a mental health professional or any appreciable change in Mother's mental health status — as demonstrated by Mother's continued supervised visitation one year later. 6. Mother does not have a relationship with the child primarily due to the extended absence between 2010 and 2013 after she feigned a back injury, abandoned her children at a daycare facility, experienced at least two suicidal episodes, was admitted at least three times as an inpatient at various mental health facilities and was later arrested for the repeated violation of a Protection from Abuse Order. 7. Mother has since made no effort to maintain a regular and ongoing relationship with the child in the form of telephone calls, letters, care packages, recognition of holidays, recognition of life events, and other common displays of affection typically performed by a parent. Mother routinely allows six to eight months to pass without having any meaningful contact with the child. 8. The child regularly carries a youth watch/phone known as a "FiLIP" which is endorsed by the Texas Department of Public Safety and has grown extremely popular with children. The FiLIP is pre-programmed so that the child may call Father or his step -mother as he desires. It has a simple black and white screen, displays the time, a button which is pre- programmed to call Father, and a button to call emergency services. 9. Father transported the child to Pennsylvania on June 22nd and arrived at the home of Mother at 7:00AM. Father casually escorted the child to the door of Mother's home to begin her period of visitation. 10. Mother did not greet the child as one would reasonably expect after being separated for six months. Mother immediately proceeded to interrogate and intimidate the child, standing upright with her arms crossed and later placed her hands on her hips. At no time did Mother attempt to give the child a hug or show any hint of affection despite not seeing him for six months. 11. Mother demanded that the child surrender his FiLIP which provides the child with a sense of safety and security. The device significantly assists with the child's diagnosed separation anxiety disorder and other issues currently being treated. After only a few minutes with Mother, the child felt threatened enough by her behavior to call emergency services. The child hurriedly made his way back to the vehicle still parked in the driveway. 12. Mother entered her home for a period, then angrily approached the vehicle, began tapping the glass further terrifying the child, and said she would not accept the child for her period of visitation while he was in possession of his FiLIP. The child being able to call Father on his own was a boundary that Mother would not tolerate. 13. Father explained the significance of the FiLIP; however, Mother continued to rationalize confiscating the device as a disciplinary measure since it was "causing issues." The FiLIP has no games, internet, music, or anything that may be considered entertainment. In effect, Mother sought to deny the child the ability to contact Father as a form of discipline. 14. The child expressed to Mother his desire to retain the FiLIP resulting in a standoff between Mother and child. 15. Mother was not personally willing to exercise the use of force; however, she believed armed law enforcement officers were an appropriate resource to force the child to be with her. Father would not physically intervene or interfere with Mother's period of visitation. 16. Father invited Mother to enjoy a family breakfast in an attempt to deescalate the situation and calm both Mother and child, however, Mother was agitated and did not accept this invitation. Mother was uncompromising in her belief that the child should surrender the FiLIP. The child refused to voluntarily be with Mother under this condition and after witnessing her behavior. Father had no choice but to depart without the visitation taking place as scheduled. 17. The afternoon of June 22"1, Father suggested that he take the child to a Chuck E Cheese restaurant for 8 hours since this had been successful in the past. Mother insisted the court order granted her 10 hours at multiple locations and would "not agree or disagree" with the suggestion until she was able to speak with her attorney. She would not commit to spending time with the child and no response was received that day. 18. The following day, June 23"J, Mother responded claiming she could not afford to meet the child at Chuck E Cheese and suggested meeting at a generic public location. Father explained that the child would be at Chuck E Cheese since it had been promised, the child was in -route, and a decision was made the day prior without her. Mother was invited to the restaurant at Father's expense. 19. Mother arrived at the Chuck E Cheese restaurant with her mother and brother. Mother was hostile towards Father and later sat on the opposite side of the restaurant. The child observed this behavior and climbed into a play tunnel where he cautiously waited for three continuous hours without food, drink, or restroom breaks. 20. The restaurant manager allowed Mother and family to finish their food, but requested they leave due to concerns over the health and well-being of the child in the play tunnel. Mother attempted to crawl into the play tunnel causing the child to dial emergency services. Mother and her family left the restaurant without notifying Father or requesting assistance to resolve the issue. 21. On June 24th, Mother made no arrangements to see the child. Father attended a child support conference with Mother and explained he would not interfere with Mother's visitation schedule, but could not supervise any visitation for mother that afternoon. Mother said she was not willing to force the child into submission to exercise her period of visitation on her own. No visitation occurred that day. 22. Later during the morning of Tuesday, June 24th, Mother invited Father, step -mother and child to attend a picnic during her period of regularly scheduled supervised visitation with her son, Mathew Ness on Friday, June 27th. 23. Mother requested Father's presence during the visitation period and wished to deviate from the court order, previously asking to "throw the court order out the window" to facilitate the visitation. Essentially, there was absolutely no chance of Mother having visitation with the child during the week without Father's presence and assistance. 24. Due to the June visit not proceeding as planned, the requests to deviate from the established court order, and negotiating the August visit to take place in Texas as previously conducted, Father drafted a general overview of the agreement and asked mother to sign prior to the picnic. 25. Mother made no arrangements to see the child on June 25th. 26. Mother made no arrangements to see the child on June 26th 27. On June 27th at 3:45PM, Father asked Mother if the signed agreement was ready prior to the picnic. No response or communication was received from mother that day. 28. On June 28th at 12:00PM, after not receiving any communication from Mother for several days, Father invited Mother to the home of the paternal grandparents and suggested it may be a good opportunity to deliver the birthday gift she had been saving for the child since April. 29. Mother adamantly refused to see the child and complained she should have him for 10 hours, that the he would have the gift already if Father had done various things differently, and said she would mail the gift rather than spend time with the child that day. A $25 gift card was ordered online and sent to Texas a month or so later after a reminder from Father. 30. Mother has recently refused to acknowledge previous discussions, statements and agreements made during the June visit, requiring the need for this modification petition unreasonably close to the scheduled August visitation period. 31. Father and step -mother each experienced a week of lost wages and incurred travel expenses to accommodate the June visitation, the second such visitation to occur in Pennsylvania within a year, both times resulting in no actual visitation or benefit to the child. Mother is at least five months behind in child support payments making a third trip to Pennsylvania within a year unreasonable under the circumstances. Mother has not yet traveled to Texas in 2014. 32. Father has performed above and beyond any reasonable expectation to accommodate Mother in Pennsylvania despite her putting little to no effort into the summer visitation period she requested. Mother has unilaterally imposed irrational conditions and has outright refused to spend time with the child when provided the opportunity. 33. Father believes the mental health of Mother is deteriorating and that her treatment may be based more on what her insurance or state medical assistance will cover rather than her actual needs as a patient. 34. Mother has recently provided testimony admitting to her consumption of alcohol while being prescribed antipsychotic medications despite her therapist informing the court that such consumption would be dangerous. Father believes the child should not have to endure Mother's chaotic behavior and that her all -or -nothing parenting style is a manifestation of emotional child abuse. 35. Mother does not acknowledge or accept the child as having mental health issues and thus does not accept his diagnosis, treatment plan, or take his condition seriously. This poses a danger to the child and needlessly impedes his rehabilitation. 36. Mother has willfully disobeyed the order, and is not acting in the child's best interests in ways including, but not limited, to the reasons stated in paragraphs 1 through 33. WHEREFOR, for the reasons set forth above, Father respectfully requests that this Honorable Court find the following: 1. Mother is in contempt of the May 16, 2014 Custody Order. 2. Mother will reestablish full-time employment with health insurance benefits. 3. Mother will provide documentation demonstrating her ongoing compliance with court ordered mental health treatment since August 2013. 4. Mother will acknowledge and support any treatment plan as a condition on visitation. 5. Until a hearing can be conducted, Mother shall be afforded visitation in Texas at a public location for at least 3 hours, as previously ordered. Father shall provide transportation. 6. Any other relief this court finds just and proper. Date Plaintiff I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S.A. § 4904 relating to unsworn falsification to authorities. Date Plaintiff CERTIFICATE OF SERVICE I, Joseph Beltrante IV, hereby certify that a true and correct copy of the foregoing Petition for Contempt and Modification was mailed by Certified Mail Return Receipt Requested and first- class mail, on#-krisctate; addressed as follows: 29/4 Sabrina L. Gevaert 706 Midland Road Mechanicsburg, PA 17055 2yry DATF Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 IOSFPH RFI TRANTF CERTIFICATE OF SERVICE I, Joseph Beltrante IV, hereby certify that a true and correct copy of the foregoing Petition for Contempt and Modification was mailed by Certified Mail Return Receipt Requested and first- class mail, on this date, addressed as follows: Sabrina L Gevaert 706 Midland Road Mechanicsburg, PA 17055 Z75? .4,/,/ 26/4 DATE JOSEPH BELTRANTE IV Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 Certified Fee 1=3 t=1 Return Remi Fee (Endorsemeet Rewired) D Lf) n.1 ru r -i C3 ReshictedDerrireryyee (Endorsement Re/uired) 10 Pr -stmt. -A Here Total Postage & Fees 1 $ $4.00 107/29/Mi4 Sent To 1 27 • 1 ‘./ d.",' e•-le"P- N t7g;34f-A1cm.4 , ,„ /70/3' ru postage C.erWeed Fee Return Receipt Fee 0 (Endo rszmfint Required) 173 RestrictedOnlivegFee 1:3 (ErrdorsemP. ent equired) In 11.1 Total Postage & Fees 111 D rg N i° PosVmart I-tere 07F9/2014 " ;Ping _________ ---- " mxg-,,tai3.4W JOSEPH BELTRANTE, IV, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA C• c -s 4 c V. s' r' SABRINA GEVAERT, Vida : z= -.c "°r, SABRINA McKEAN, `"r- al `, DEFENDANT 10-0667 CIVIL TERM• = --r > r' IN RE: CUSTODY D� -- t-1-` / .INTERIM ORDER OF COURT -t - G' AND NOW, this/U d of May, 2014, following a hearing on May 1, 2014, at which the court heard primarily from Mother, an order was issued - - encouraging the parties to arrange for visitation/partial custody periods between. Mother and the minor child during the summer of 2014. Because the parties have agreed to terms addressing the summer of 2014, without prejudice to either party to request a hearing to complete the record of the May 1, 2014 hearing, we find that it is in the best interest of the minor child Joseph Beltrante, V, born April 2007, to not only confirm the terms of the parties' agreement but also to ORDERED AND DIRECT as follows: 1. Legal custody: Legal custody shall be shared as set forth below: a. Although the circumstances of the case are such that Father will make the majority of the decisions concerning the child's health, education and welfare, he shall involve Mother in all major, non- emergency decisions concerning their child, including, but not limited to, his health, medical, dental and orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing. Decisions shall be made after discussion and consultation with each other, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in their child's best interests. b. Both parents shall have the right to access the child's medical, dental, religious and school records, the address of the child and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). EXHIBIT "An 10-0667 CIVIL TERM c. Father shall execute any and all legal authorizations so that Mother may obtain information from the child's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities conceming their child's progress and welfare. d. Father shall arrange for the child's school to provide Mother with identical information. Father shall email Mother on a weekly basis regarding the child's progress in school. e. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their child. f. Parents shall civilly and respectfully communicate about co - parenting legal custody issues and changes in schedules in person and via letters, faxes, texts or e-mail, whichever means is most appropriate for the matter. 2. Physical custody: Father shall enjoy primary physical custody of the child with Mother afforded the following rights of physical custody: a. Pursuant to the agreement of the parties, in June, 2014, Father will transport the child to the central Pennsylvania area from June 22, 2014 to June 28, 2014. Mother shall have physical custody each of those days for ten hours, with one overnight on a day as agreed by the parents. b. Pursuant to the agreement of the parties, in August, 2014, Father will transport the child to the central Pennsylvania area for a one week period that is mutually agreed by the parents. Mother shall have physical custody each of those days for ten hours, with two ovemights on days as agreed by the parents. If there are problems with the June visit, Father can seek to modify the August schedule. c. Unless the parties otherwise agree, during the 2014-15 school year, Mother will have periods of partial physical custody of the child for four days in Texas during both the child's October and March breaks from school. d. At such other times and places as the parties agree. e. Over the Christmas/New Year 2014-15 holiday, Mother shall enjoy a period of partial custody for four days in Pennsylvania with the dates to be agreed upon by the parties. -2- 10-0667 CML TERM 3. Counseling: a. Reunification Counseling: To the extent that Jason McCoy, MSW, LCSW of the Center of Counseling and Family Relationships in Fort Worth, Texas is still engaged in counseling with the child, and is able to provide reunification counseling services as well, we DIRECT the parties to pursue this avenue_ Although we deem it in the child's best interest to avoid engaging multiple counselors, if Mr. McCoy .is unable to provide reunification counseling, the parties shall pursue services from another provider. b. The parents shall enroll—as - needed, -in- private individual--- - -- therapeutic counseling to maintain their optimum mental health as a parent. Specifically, Mother shall continue with her mental health counseling until she is medically discharged. 4. This order shall supersede our order of September 6, 2013. Joseph Beltrante, IV 6080 South Hulen Street, Suite 360 Fort Worth, TX 76132 Joseph Beltrante, IV 708 Asian Court York, PA 17404 Michael Scherer, Esquire :For Defendant :sal By the Court, Albert H. Masland, J. TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand �___ ya t�20 JOSEPH BELTRANTE, IV, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. SABRINA GEVAERT, f/k/a SABRINA McKEAN, DEFENDANT : 10-0667 CIVIL TERM ORDER OF COURT AND NOW, thiscday of August, 2014, Joseph Beltrante IV having failed to contact the court as directed by our Order of July 29, 2014, and having otherwise failed to agree upon dates for the August visit (paragraph 2.b of our Order dated May 16, 2014), he is ORDERED to make the child available to Sabrina Gevaert for periods of partial physical custody between August 15 and August 22, 2014. By the Court, Ibert H. Masland, J. ✓Joseph Beltrante, IV 6080 South Hulen Street, Suite 360 Fort Worth, TX 76132 ✓ Michael Scherer, Esquire For Defendant C.Zept.CS / 241.tt d.— g(c. C) ra r, c= 4-0 nCCr) C rpt_ �,c) JOSEPH BELTRANTE IV PLAINTIFF V. SABRINA L. GEVAERT AKA SABRINA L. MCKEAN DEFENDANT IN THE COURT OF COMMON PLEAS OF 2 CUMBERLAND COUNTY, PENNSYLVAN O cnr- Z � -<> r✓� D c--) zc) D —�a 2010-667 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT -0 AND NOW, Friday, August 08, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 02, 2014 8:30 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. 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Jacqueline M. Verney, 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. 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. /11 lued ---1° P 141- Ncrb,e5 4-D a i saercr- Co y '1pse aJr Vg `s --t Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JOSEPH BELTRANTE IV. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2010-0667 CIVIL SABRINA L. GEVAERT, f/k/a SABRINA L. McKEAN, c.D c: :3 NOTICE TO DEFENDr, Zca G7("z5 YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST TIS cry 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 AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEEDWITHOUT YOU AND A 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE. CIVIL ACTION Defendant CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 JOSEPH BELTRANTE IV. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2010-0667 CIVIL SABRINA L. GEVAERT, f/k/a SABRINA L. McKEAN, CIVIL ACTION �c1c-: G t n -o -.5- -sr cn} ' Defendant MOTION TO VACATE EX PARTE ORDER p i ;j .per, Plaintiff moves this Court for entry of an Order vacating this Court's July 29, 2014 Order, an any subsequent Order, which this Court entered ex parte, without notice, and without Defendant knowing such an Order was being sought. Additionally, Plaintiff moves for incurred costs and fees in his favor and against Defendant, Sabrina L. Gevaert, and would show: 1. Defendant filed a Petition for Special Relief with the Court on July 23, 2014. 2. The certificate of service for Defendant's Petition for Special Relief shows notice was mailed to Plaintiff on July 23, 2014. Attached hereto as "Exhibit A." 3. On July 29, 2014, this Court entered an Order requiring Plaintiff to obtain mental health records confirmed to already be in Defendant's possession, as verified by the office of Jason McCoy, at the expense of Plaintiff, and despite Defendant being authorized to obtain these records at -will without the involvement of Plaintiff. Also, the Order instructed Plaintiff to call the Court on August 5th, 2014 for a conference. This Order was ex parte, without notice, and without hearing. Perhaps worse yet, Plaintiff had not been given a copy of the Petition for Special Relief, so Plaintiff did not even know Defendant was pursuing this relief. Attached hereto as "Exhibit B." 4. The postmark on Defendant's Petition for Special Relief received by Plaintiff is July 31, 2014, which is eight days later than shown on Defendant's certificate of service. Service to Plaintiff is clearly defective. Attached hereto as "Exhibit C." 5. The postmark on this Court's Order is July 29, 2014, which is two days prior to Defendant mailing a copy of the Petition for Special Relief to Plaintiff. The Order was not received by Plaintiff until the afternoon of August 5th. Attached hereto as "Exhibit D. 11 6. At minimum, Plaintiff should be entitled to be heard on the issue, presenting various, alternative arguments, including: (i) Defendant's deteriorating mental health status; (ii) Defendant's egregious behavior posing a danger to the child; (iii) the consequences of Defendant's continued emotional abuse and neglect of the child; (iv) the lack of any mental health professional advocating unsupervised contact by Defendant to be in the best interests of the child; (v) Defendant reported bruises on the child which the child subsequently claims came from Defendant. 7. To proceed ex parte on such significant issues, in light of the foregoing events, is a basic violation of due process, and would undoubtedly cause harm to the child. 8. Plaintiff submitted a Petition for Contempt and Modification on July 29, 2014 which would allow Defendant, under oath, an opportunity to voice any alleged grievances and request relief from the Court. Plaintiff believes, due to the complexity and seriousness of the issues, a formal hearing is the appropriate method to resolve Defendant's self- inflicted problems. 9. The Court was well aware of the potential risks associated with the summer visitation plan as foreshadowed in the May 16, 2014 Order, part 2(b), which states, "If there are problems with the June visit, Father can seek to modify the August schedule." It would be inappropriate to now turn a blind eye towards Defendant's behavior during the June visit only to subject the child to further injury. 10. Plaintiff was made to incur costs and fees in the amount of $120 because of the false claims made by Defendant. These costs and fees should be awarded to Plaintiff, as should all costs and fees incurred in prosecuting this motion. WHEREFOR, Plaintiff respectfully requests relief in accordance with the foregoing. 7,4c7,,571 20f/ Date Plaintiff I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S.A. § 4904 relating to unsworn falsification to authorities. 20 f Date Plaintiff CERTIFICATE OF SERVICE I, Joseph Beltrante IV, hereby certify that a true and correct copy of the foregoing Motion to Vacate Ex Parte Order was mailed by Certified Mail Return Receipt Requested and first-class mail, on this date, addressed as follows: Sabrina L. Gevaert 706 Midland Road Mechanicsburg, PA 17055 /4,cifA ?o/'/ Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 DATE JOSEPH BELTRANTE IV CERTIFICATE OF SERVICE I hereby certify that on July A3 , 2014, I, Lauren McVaugh, secretary at Baric Scherer LLC, did serve a copy of the Petition For Special Relief Pursuant to PA.R.C.P.1915.13, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Joseph Beltrante, IV 708 Asian Court York, Pennsylvania 17404 lati\ -I\AM Of Lauren McVaugh ./:-.44,-; 4 JOSEPH BELTRANTE, IV, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. SABRINA GEVAERT, f/k/a SABRINA McKEAN, DEFENDANT : 10-0667 CIVIL TERM ORDER OF COURT AND NOW, thi(_day of July, 2014, upon consideration of the attached Petition for Special Relief, Joseph Beltrante IV is ORDERED to make the child available to Sabrina Gevaert for periods of partial physical custody as set forth in the Order dated May 16, 2014. If the parties are unable to agree upon the dates for the August visit (paragraph 2.b of the aforesaid Order) a conference call will be held on Tuesday, August 5, 2014 at 1:00 p.m., Eastern Time (DST). Plaintiff shall call (717) 240-6294 at that time. Additionally, Joseph Beltrante, IV is DIRECTED to furnish copies of Joseph Beltrante, V's mental health/counseling records from any professional who has provided services to the child in Texas. Said records shall be provided to the Court and Michael Scherer, Esquire, on or before August 15, 2014. Joseph Beltrante, IV 6080 South Hulen Street, Suite 360 Fort Worth, TX 76132 Joseph Beltrante, IV 708 Aslan Court York, PA 17404 Michael Scherer, Esquire For Defendant By the Court, Albe H. Marland, J. TRUE COPY FROM RE:17;0R—, n In Testirfiony whereof, l bete -tin -to set i' y hand C and these of said CO' rt all Carlisle; Pa. 't3 r*i Thissy or '-' CO Protfia tary Z 0 p D :sal 14d 6Z 1fl('nu • LAW OFFICES 13ARIG SCHERER LLG 19 WEST SOUTH STREET CARLISLE. PENNSYLVANIA 17013 JOSEPH BELTRANTE, IV PMB 118 6080 SOUTH HULEN STREET, SUITE 360 FORT WORTH, TEXAS 76132 ALBERT H. MASLAND JUDGE 1 COURTHOUSE SQUARE • RM 401 CARLISLE PA 17013 Joseph Beltrante, IV 6080 South Huler, Street, Suite 360 Fort Worth, TX 76132 JOSEPH BELTRANTE, IV, IN THE COURT OF COMMON PLEAS OF Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-0667 CIVIL TERM SABRINA GEVAERT f/k/a SABRINA McKEAN, - ' Petitioner PETITION FOR CONTEMPT < -a AND NOW, comes, Sabrina Gevaert f/k/a Sabrina McKean, by and than her attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. The Petitioner is Sabrina Gevaert f/k/a Sabrina McKean an adult individual who is represented in this case by Michael A. Scherer, Esquire. 2. The Respondent is Joseph Beltrante, IV, an adult individual with a last known address of 6080 South Hulen Street, Suite 760, Fort Worth, Texas 76132. Mr. Beltrante is pro se in this matter. 3. The parties are the parents of Joseph Beltrante, V, born April 18, 2007 (hereinafter"child"). 4. The most recent Order in this matter is dated August 5, 2014, and provides, in part, that: Respondent is "ordered to make the child available to Sabrina Gevaert for periods of partial physical custody between August 15 and August 22, 2014." 5. Respondent did not make the child available to the Petitioner as directed in the August 5, 2014. 6. The parties exchanged emails regarding Petitioner's period of custody with the child. Copies of said emails are attached hereto as "Exhibit A." 7. The Honorable Albert Masland is assigned to this case. WHEREFORE, Petitioner respectfully requests that Respondent be found in contempt of Court for her violation of the Order as set forth above Respectfully submitted, BARIC SCHERER LLC Mi a A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Petition For Contempt are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. OichA A. Scherer, Esquire Date: Ila I I`1 ----- Forwarded message----- From: "Joe Beltrante" <sgevaert.status.update@gmail.com> To: "Sabrina Gevaert" <sgevaert hotmail.com> Subject: First Day of school Date: Tue, Aug 26, 2014 6:45 PM No. On Tuesday, August 26, 2014, Sabrina Gevaert<s&evaert@a@hotmail.com> wrote: May I ask why you ignore the August visit as per court order? I'm sorry to hear about Glover's death . Sabrina G. Sent from my Sprint phone. ----- Reply message----- From: "Joe Beltrante" <sgevaert.status.update Cu@gmail.com> To: "Sabrina Gevaert" <sgevaert hotmail.com_> Subject: First Day of school Date:Tue, Aug 26, 2014 4:01 PM Joey's first assignment was to tell the class about his summer vacation and draw a picture. His story was about how Sabrina canceled his summer vacation, forced everyone to drive to PA for nothing, and on the way home his fish Glover died after taking care of him for 2 years. He drew a picture of you murdering his family. It was just a fish but he had it for years, kept it in his room, and was very proud to take care of it himself. In any event he feels as though you were responsible for Glover's death. I'd tend to agree. Yes, he's still at Oakmont. Overall the day went pretty well. On Monday, August 25, 2014, Sabrina Gevaert <s eg vaertghotmail.com> wrote: How was joey's first day of school? Did he have a good day? Is he still in Oakmont elementary?What is his teacher's name? Sabrina G. From: sgevaert.status.update@gmail.com Sent: Sunday, August 24, 2014 6:52 PM To: Sabrina Gevaert It's been a busy week. Joey is enjoying his new pair of shoes and is drawing pictures of his pet. "EXHIBIT All CERTIFICATE OF SERVICE I hereby certify that on August 28, 2014, I, Jennifer S. Lindsay, secretary at Baric Scherer LLC, did serve a copy of the Petition For Contempt, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Joseph Beltrante, IV 6080 South Hulen Street, Suite 760 Fort Worth, Texas 76132 Je f . Lin s y JOSEPH BELTRANTE, IV, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA C c- V. I)a rri w c/ m rt7 SABRINA GEVAERT, f/k/a u,r- ;' SABRINA McKEAN, r - DEFENDANT : 10-0667 CIVIL TERM <C) CZ ORDER OF COURT > ry AND NOW, this "1 :14y of September, 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A pretrial conference with the assigned Judge is hereby scheduled in the above case on the 29th day of September, 2014, at 1:30 p.m., in Courtroom Number 1 of the Cumberland County Courthouse. The parties are directed to proceed with filing a pretrial statement with the Court and the other party consistent with the Pennsylvania Rule of Civil Procedure 1915.4-4. Father may appear for this conference via telephone or other electronic means. He shall contact the Court Administrator at (717) 240-6200 five (5) days in advance of the pretrial conference to confirm how any electronic connection will be established. 2. A Hearing is scheduled in Courtroom Number 1, of the Cumberland County Courthouse, on the 21st day of November, 2014, at 8:30 a.m., at which time testimony will be taken. For purposes of this Hearing, Father shall be deemed to be the moving party and shall proceed initially with testimony on his Petition for Contempt and 10-0667 CIVIL TERM Modification. Mother shall be deemed the moving party on her Petition for Contempt. 3. The prior Order of Court dated May 16, 2014 shall remain in full force and effect. 4. 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, Joseph Beltrante, IV 6080 South Hulen Street, Suite 360 Fort Worth, TX 76132 Michael Scherer, Esquire For Defendant Court Administrator sal Copt FS P2216L -2- Albert H. Masland, J. JOSEPH BELTRANTE, IV, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-667 CIVIL ACTION - LAW SABRINA GEVAERT, F/K/A, SABRINA MCKEAN, : IN CUSTODY Defendant PRIOR JUDGE: Albert H. Masland, 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: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joseph Beltrante, V April 18, 2007 Father 2. A Conciliation Conference was held in this matter on September 2, 2014, with the following in attendance: The Father, Joseph Beltrante, IV, pro se and Mother, Sabrina Gevaert, with her counsel, Michael A. Scherer, Esquire. 3. The Honorable Albert H. Masland previously entered an Order of Court dated May 16, 2014 providing for shared legal custody, Father having primary physical custody with Mother having periods of partial physical custody for a week in June and August, 2014 for 10 hours each day. 4. Father filed for contempt and modification. Mother filed for contempt. 5. Father's position on custody is as follows: Father seeks sole legal custody and primary physical custody, with Mother having supervised visitation with the supervisor being a mental health professional in Texas. Father asserts that Mother is not abiding by the prior Order in that she refused custody of the child in June because the child had a Filip phone. Father also alleges Mother is drinking alcohol while taking psychotropic medication. He requests Mother enter alcohol rehabilitation. Father also requests that Mother be ordered to cooperate with the child's mental health treatment. 6. Mother's position on custody is as follows: Mother seeks shared legal custody and periods of partial physical custody. Mother asserts that Father failed to abide by Paragraph 2B of the Court Order of May 16, 2014 by not providing the child to Mother in August, 2014. Mother maintains that she is compliant with her mental health treatment and is not a threat to the child. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing, and maintaining the status quo. It is expected that the Hearing will require one day. 9-a -�� Date `acq"line M. Verne, Esquire Custody Conciliator JOSEPH BELTRANTE, IV, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. SABRINA GEVAERT, f/k/a SABRINA McKEAN, DEFENDANT : 10-0667 CIVIL TERM ORDER OF COURT AND NOW, thisj29day of September, 2014, following a pre-trial conference attended by Mother and her counsel Michael Scherer, Esquire, and at which Father appeared via telephone, we ORDER AND DIRECT as follows: 1. The parties shall supply the court with amended/updated pre-trial statements no Tater than November 14, 2014. In particular, these statements shall apprise the court of any changes in the parties' respective witness lists. 2. Pursuant to discussions between the parties at the conciliation conference on September 2, 2014, Father shall supply Mother with a name, address and phone number for any physicians, counselors, therapists who are treating the Child. In addition, Father shall sign any releases that are necessary to enable Mother to contact the aforesaid professionals directly. 3. The parties are encouraged to discuss arrangements for visits between Mother and the Child around the time of the hearing in late November. By the Court, Joseph Beltrante, IV 6080 South Hulen Street, Suite 360 /Fort Worth, TX 76132 ✓Michael Scherer, Esquire For Defendant copies P241.I.(L 9 2.Q/�y Albe H. Maslan , J. :sal rri JOSEPH BELTRANTE IV, • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA v. • • 2010-0667 CIVIL ACTION - LAW SABRINA L. GEVAERT, f/k/a • SABRINA L. McKEAN, • Defendant • IN CUSTODY AMENDED ORDER OF COURT AND NOW, this 1st day of October, 2014, our Order of Court dated May 1, 2014, shall be amended to reflect, as noted on page 117 of the Transcript of Proceedings for May 1, 2014, that Mr. McCoy is ordered and directed to release all clinical records of the minor child, Joseph Beletrante V, to Mr. Joseph Beltrante IV, and Mr. Joseph Beltrante IV is further directed to immediately provide these records to Attorney Michael Scherer and to this Court . In all other respects, the previous order dated May 1, 2014, is to remain the same . By the Court, 1 :;;;;4V Albert H. Mas and, J. Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 For the Defendant Joseph Beltrante IV 6080 South Hulen Street, Suite 360 Fort Worth, TX 76132E -, eph Beltrante IV 708 Asian Court York, PA 17404 -� : vae (- C ►€s /�1.2tJ !a aty JOSEPH BELTRANTE, IV, : IN THE COURT OF COMMON P cEAS:OF PLAINTIFF : CUMBERLAND COUNTY, PEN{?) LVANI6-: xco rn rn r`'1- . 2D -. :, r a c SABRINA GEVAERT, f/k/a =` SABRINA McKEAN, : >c-) DEFENDANT : 10-0667 CIVIL TERM ` c w 4=..; : ORDER OF COURT V. AND NOW, this t day of December, 2014, following a hearing on November 21, 2014, at which the court heard testimony on both parties' contempt petitions as well as Plaintiff's modification petition, we make the following findings: 1. Neither party acted appropriately during the scheduled June 2014 visits between Mother and the child. 2. The failure of Mother and Father to communicate before, during and after the June visits doomed any chance of a safe and productive visit in August. 3. At present, the child is in need of counseling to overcome not only the hurdles that both parents have created to reunification with Mother, but also behavioral issues in other settings. 4. Mother is compliant with her mental health treatment and Father's refusal to accept that has delayed the reunification process. 5. There is a glimmer of hope for the child, in particular, and the parties, in general, that the child's counseling with family therapist Ryan M. Smith of Cook Children's Health Care System in Fort Worth, Texas, will bear fruit. 6. Unless and until the child receives appropriate therapy that incorporates the input and interaction of both parents, the court's orders regarding custody are unlikely to result in fruitful and meaningful interaction between Mother and child. • 10-0667 CIVIL TERM 7. It would be unproductive for the court to direct any upcoming periods of visitation without input from the child's therapist, who met with the child on December 3, 2014. Therefore, the court ORDERS AND DIRECTS as follows: Mother and Father shall communicate via text or email within five (5) days of this order to arrange for a conference call with the child's therapist, Ryan M. Smith, the parties, and the court, which call shall take place no later than December 22, 2014. By the Court, Joseph Beltrante, IV 6080 South Hulen Street, Suite 360 Fo Worth, TX 76132 Michael Scherer, Esquire For Defendant -kyan M. Smith, M.A., LPC 901 7th Ave., Ste. 2100 Fort Worth, TX 76104-2796 :sal ...s rev:1EL /Z. jiy -2- Albert H. Masland; J. JOSEPH BELTRANTE, IV, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. SABRINA GEVAERT, f/k/a SABRINA McKEAN, DEFENDANT : 10-0667 CIVIL TERM ORDER OF COURT AND NOW, this /7 day of December, 2014, the court schedules a conference call with the parties, counsel and the child's therapist, Ryan M. Smith, for Wednesday, January 7, 2015, at 12:00 noon Eastern Standard Time. The court hopes to receive input from the therapist to enable it to chart a course for reunification. If any consents or waivers of confidentiality are required by the therapist, they shall be executed promptly by the parties. By the Court, Albert H. Masland, J. Joseph Beltrante, IV 6080 South Hulen Street, Suite 360 Fort Worth, TX 76132 chael Scherer, Esquire For Defendant n M. Smith, M.A., LPC 901 7th Ave., Ste. 2100 Fort Worth, TX 76104-2796 :sal Cc? tic,5 024tIccL Jai/0y -o JOSEPH BELTRANTE, IV, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. SABRINA GEVAERT, f/k/a SABRINA McKEAN, DEFENDANT : 10-0667 CIVIL TERM ORDER OF COURT AND NOW, this 1" day of January, 2015, following a phone conference with the parties and Ryan M. Smith, therapist for the minor child, the parties are DIRECTED to attempt to arrange for a visit or visits in Texas over the next few months and to submit the details for said visit or visits to the court no later than the close of business on January 16, 2015. If the parties are unable to reach an agreement they shall submit separate proposals to the court. By the Court, Albert H. Masland, J. Joseph Beltrante, IV 6080 South Hulen Street, Suite 360 Fort Worth, TX 76132 Michael Scherer, Esquire For Defendant Ryan M. Smith, M.A., LPC 901 7th Ave., Ste. 2100 c) Fort Worth, TX 76104-2796 - J :sal Matta - //VG' Ci O :6 WV 8- NVr J1 1 0 ; M