Loading...
HomeMy WebLinkAbout01-2464MATTHEW E. HARTMAN, SR., Plaintiff VS. STEPHANIE M. HARTMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-~ ~.¥ ~ ~,~ CIVIL ACTION - LAW IN CHILD CUSTODY .COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Matthew E. Hartman, Sr., by and through his counsel, Law Offices of Craig A. Diehi, and files this Complaint for Custody of his two minor children, Damion M Hartman (age 2) and Matthew E. Hartman, Jr. (age 6 months), respectfully stating in support thereof the following: plaintiffi Hartman, S (h inaR ferred t The s Matthew E. r. ere er re o as the "Father"), an adult individual residing at 505 South 32~ Street, Camp Hill, Cumberland County, Pennsylvania 1701 i. The defendant is Stephenie M. Hartman (hereinafter referred to as the "Mother"), an adult individual residing at i 82 Holiday Drive, Mechenicsburg, Cumberland County, Pennsylvania 17055. Father seeks custody of the following children: Present Residence Damion M Hartman Matthew E. Hartman, Jr. 182 Holiday Drive Mechanicsburg, PA 182 Holiday Drive Mechanicsburg, PA The children were not bom out ofwedlock. The children are presently in the custody of Mother. 2yrs. - ! 1/23/98 6 mos. - 9/14/00 During the last five (5) years, the children have resided with the fei/owing persons and at thc following addresses: Residents Mother, Paramour Mother & Father Address 182 Holiday Driv~ Meohanicsburg, PA 90 Northwood Manor York Haven, PA Dates 1/3/01 to present birth to !/01 The mother of the children is Stephanic M. Hartman, currently residing at 182 Holiday Drive, Meohanicsburg, Pennsylvania. She is married. The father of the children is Matthew E. Hartman, Sr., currently residing at 505 South 32'~ Street, Camp H/ii, Pennsylvania. He is married. The relationship of plaintiftto the children is that of father. The plaintiff currently resides with the following persons: Name Noreen Snow Fred Snow and Becky Hartrnan Paternal grandmother Paternal step-grandfather Aunt The relationship of defendant to the children is that of mother. currently resides with the following persons: Name Damion M Hartman Matthew E. Hartman, Jr. Michael T. Cromwell Aaron Cromwell Robert Nace two other unidentified individuals Child Child Mother's paramour Mother's paramour's son Maternal Grandfather The de£c~dant 6. Plaintiff' has participated as a party or witness, or in another capacity, in other litigation concerning the custody oftha children in York County Pennsylvania to the extent that a consensual Protection From Abuse (PFA) Order exists in York County Pennsylvania filed to docket number 2001 -SU-00034 ! 2, which addresses temporary custodyofthe children that are the subject of this Complaint. At the time of Father's consent to the entry of the PFA Order, Father was not cogniTa_nt of the temporary custody provision. A true and correct copy of said PFA Order is attached hereto as Exhibit "A" and is incorporated herein as if fuliy set forth verbatim. Plaintiffhas no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state· Plaintiffdoes not know ora person not a party to the proceedings who has physical custody oftbe children or claim to have custody or visitation fights with respect to the children. 7. The best interest and permanent welfare of the children will be best served by granting the relief requested because of the following reasons: a. Mother has denied Father any contact with the children since Mother left the marital residence on January 3, 2001. b. Mothers conduct in denying Father contact has been in direct violation of the terms of the PFA Order that mandated partial custody to Father every Saturday from Noon until 7:00 p.m. with Mother providing all transportation of the children to the marital residence for transfers. c. Mother's conduct has not been in the best interest oftha children. More specifically, on February 26, 2001, while Mother and the children were passengers in a vel6cle driven by Mother's paramour, same purposely, maliciously and with no regard to the children's safety, rammed Father's vehicle causing a severe collision vehicles, and personal injury that resulted in significant damage to both to Father that required medical attention. d. Mother's residential choices have been questionable and may not be in the best imerest of the children. More specifically, · · . . . Mother has moved repeatedly w~th the children since leaving the marital residence, and upon information and belief, there were two (2) investigations of Motber pertinent to the children by Children and Youth Services in York County, Pennsylvania and upon information and belief, there is one investigation pending in Cumbertand County. Presently, Mother and the children reside in a two (2) bedroom mobile bo.me in Mechanicsburg, Pennsylvania where as many as eight (8) people reside and many people are oRen seen arriving and leaving at all bours Moreover, it is believed that the children's Maternal Grandfather is resid/ng in the mobile borne contrary to the direction of Chikiren and Youth Services of York County, upon inforrt~ion and belief, due to his propensity fer violence, his drag convictions and his alcoholism. It is also a concern that the children, wbo are both very young, way be left unsupervised at times, as Mother has been seen outside oftbe residence talking children are inside the residence, on the pbonc while the e. Father has a strong desire to care for his children and he is able to provide a stable residential envn~onment for the cl~dren m a single family residence that has six (6) bedrooms. · ' · · to Living m that residence would also perrrfit the children establish strong bonds with their paternal grandparents and aunt, which is extremely important in a child's healthy development. Each parent whose parental rights to the children have not ben terminated and the person wbo has physical custody oftbe children have been named as parties to this action. WHEREFORE, Plaintiff, Matthew E. Hartman, Sr., respectfully requests that this Honorable Court award the parties shared legal custody oftheir children, primary physical custody to Plaintiff, and partial physical custody to Defendant at times mutually agreed upon by the parties. Respectfully submitted., LAW OFFICES OF CRAIG A. D/EHL ~da A Clotfel~er E- u' /~ n~p Hill, PA 1701 i (717) 763-7613 MATTHEW E. HARTMAN, SR., Plaintiff STEPHANIE M. HARTMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 2001-SU : : CIVIL ACTION - LAW : IN CHILD CUSTODY VERIFICATION I, MATTHEW E. HARTMAN, SR., verify that the statements in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statemems herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: ~/.~/o / M~TTHEW E. H~,R~TMAN, SR. Stephanie M. Hartman Plaintiff Matthew E. Hash.an Sr. Defendant IN THE COURT'OF COMMON PLEAS YORK COUNTY, PENNSYLVANIA No. 200 i SU0003412 CIVIL ACTION - LAW PROTECTION FROM ABUSE FINAl, ORDER OF CO,URT Defendant's Name is: Matthew E. Hartman Sr. Defendant's Date of Birth is: June 22, 1980 Defendant's Social Security Number is: 196-60-8931 Name(s) of All protected persons, including Plaintiff and minor ~hildren: 1. Stephanie M. Hartman Appearances by Parties and/or Counsel: · Plaintiff appeared personally and is unrepresented. · Defendant appeared personally and is unrepresented. AND NOW, this llth Day of January, 2001 the court having jurisdiction over the parties and the subject-matter: it is ORDERED, ADJUDGED and DECREED as follows: ..... Upon agreement of the parties for the entry of a consent order, this order will be entered without any admission of liability by the defendant and without a finding of abuse by this court: PlainfifPs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiffor any other protected person in any place where they might be found. EXHIBIT "A" 2. Defendant is completely evicted and excluded fi'om the residence at: 43 South Front Street, York Haven, PA or any other residence where Plaintiffor any other person protected under this Order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no fight or privilege to enter or be present on the premises of Plaintiffor any other person protected under this Order. 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with thc Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employement. Defendant is specifically ordered to stay away from the following locations for the duration of this order. 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. Custody of the following minor children: I. Damion M. Hartman 2. Matthew E. Hartman Jr. shall b~ as follows: · Primary physical eustody of the minor child/rea is awarded to the Plaintiff. · Defendant shall have the following partial physical eustody/visitation rights: Every Saturday starting January 20, 2001 from Noon until 7:00 PM · Transportation for partial physical custody/visitations shall be by the Plaintiff · The custody exchanges shall take place at: 90 Northwood Manor, York Haven, PA ..... ~. The following additional relief is granted as authorized by §6108 of the Act: Defendant shall contact the ADVANCE Program within 3 months of the date of this order to arrange for an evaluation for admission into that program. Defendant shall comply with any recommendation for treatment resulting from the evaluation and pay the cost of the evaluation and the recommended treatment. Defendant shall execute an authorization to permit ADVANCE to verify to the Court that the Defendant has complied with this Order. The ADVANCE Program is located at 7~0 Kelly Drive, York, PA 17404; telephone number (717) 852-9706. ~I M~r'.Hartman..f.oHows through with the ADVANCE Program the costs of e rronsurer wdl be placed on the County. 7. A certified copy ofthis Order shall be provided to the police depamnent where Plaintiff resides and any other agency specified hereafter: Newberry Township P~liee Department ' ' THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 2. ANY PRIOR ORDER RELATING TO CHILD CUSTODY 9. All provisions of this order shall expire on: July 11, 2002 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, I 8 U.S.C. §2265. !1· YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C § ~2261-2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAy BE SUBJECT PENALTIES TO FEDERAL PROSECUTION AND UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §922(0), FOR POSSESSION, TRANSPORT OR RECEIPT OF .... FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may he located, shall enforce this order. An arrest for violation of Paragraphs I through $ of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. §6113. Subsequent to arrest, the police officer shall seize all weapons used or threatened to bc used during the violation of the protection order or during prior incidents of aouse. I ne ~l~enl! el ¥orl~ connly sl~alt maintain possession et tile weapons until further order of this Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be c.ompleted and signed by the police officer OR the plaintiff. Plaintiffs presence and s~gnature are not required to file the complaint: If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. BY TI4I If entered pursuant to the consent ofplaintiffand, ~' ~ ' "~'laintilTs Signature COURT~-.-~_ '~ 'T.,. Blackwell Judge J D~lte Distribution to: Plainfiffat C/O ACCESS, Defendant at 90 Northwood Manor, York Haven, PA 17370, York County Control, PA State Police, York County Treasurer, York County Sheriff, ACCESS, ADVANCE MATTHEW E. HARTMAN, SR., : Plaintiff : STEPHANIE M. HARTMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2001-SU-2464 CIVIL ACTION - LAW IN CHILD CUSTODY AFFIDAVIT OF SERVICE I, Helen E. Rasmussen, do hereby affirm that I served by bund-delivery a Complaint for Custody and Order of Court on Defendant, Stephanie M. Hartman, at her residence situate at 200 Holiday Avenue, Mechanicsburg, Pennsylvania on May 24, 2001, at 11:40 a.m. I understand that the statements herein are made subject to the penalties of 18 P.S. § 4904 relating to unsworn falsification to authorities. MATTHEW E. HARTMAN, SR., : Plaintiff : : V. : : STEPHANIE M. HARTMAN, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2001-SU-2464 CIVIL ACTION - LAW IN CHILD CUSTODY CERTIFICATE OF SERVIC~ I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Stephanie M. Hartman Twigg Mobile Home Park 200 Holiday Avenue Mechanicsburg, PA 17050 Date:_~~ LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 MATTHWN E. P~/~I~-N; SR.; Plaintiff VS. STEP~LMqIE M. HARTMAN; Defendant IN THE C0t~T OF (IM*4CN PLEAS (F : C[~B~A~D (IX~TY, PENNSYLVANIA _. : NO. 01-2464 CIVIL : : CIVIL ACTIC~ - LAW : : IN CUSTGOY the at a~'~-~-~ Custody Conciliation Rs[x~t, zt ~s o~dered and directed as follows: 1. The perties shall su~mit themselves, their mi.or Children, and en¥ other imdivio%,als deemed necessary, to a psychological/custody evaluation. The evaluato= shall be selected by the Court and the ~cet of the evaluation shall be paid by the County. The purix~e of the evaluation shall he to obtain indapemdant professional rec~,,,emdations concerning custody arrangements which will best serve the interests of the Children. The parties shall sign all ceceseary releases and authorizations fo= the eveluato= to obtain information partaining to the parties or the Children. 2. Within 30 days after receipt of the evaluator's written recommendations, the parties shall contact the Conciliator, Dawn S. Sunday, to schedule a Custody (2x~:iliation Conference. 3. Pemding further Orals= of Court o~ agreement of the parties, the parties shall share legal custody of the Children, the Mother shall have l~rimary physical custody of the Children and the Father shall have partial physical custody of the Children on alternating weekends from Saturday at 12:00 noo~ through ~day at 7:00 p.m. beginning June 23, 2001. ~ Mother shall transport the Children to amd from the e~d of the Father's driveway f~e: each exchange of custody. During the Father's periods of custody, the Father shall ensure that the Children are transported at all times in agMl~priate car seats. Linda A. Clotfelter, Esquire - Counsel for Father Stephanie M. Hartman, Mother MATTHEW E. HART~/q, SR., Plaintiff vs. STEPHANIE M. BARTMAN, DefenOant CU~,LAND COONTM, PE~{qSMLVANIA .- -' NO. 01-2464 CIVIL _. : CIVIL ACTIC{q - ~ _. : IN CUSTOOY 1915.3-8, the un~ersigneO Custody Co~ciliato~ sub./ts the following 1. T~e E~rtinent info~matio~ concerning the Children who are the subjects of this litigation is ~s follows= Dam/on M. B~=T~n Novenber 23, 1998 Mother Matthew E. ~ar~n~n September 14, 2000 Mother 2. A Conciliation Conference w~s held on June 13, 2001, with the following tn0ivi4uals in attec~ance= The Father, Matthew E. ~artmsn, with his counsel, Lincla A. Clotfelter, ~squtre an~ the f.k:fcher, Ste~abanis M. ~srtman, who was ~ot re~esente4 by counsel. 3. The partiee separ&ted ~n J~nu~ry 2001, at w~ic~ time a Pretec~ion · '£~. Abuse (kc]er was e~te~ /n the Yo~k County ~ourt of ~tm~m04'~ Pleas prohibiting the Father frc~ having cc~teot with the Mother with the exception of a partial custody schedule unc]er whioh the Father hsd custcOy every Saturday frc~ noc~ until ?:00 p.m. T~e Mother was to [~'ovi4e all trans~x~.ation for the exchanges of custody. Since their eapar&tion, both parties have moves to Cumberlan~ County anO the Father filed this Petition for primary ~hysical custody of the ChilOrea. The parties ware not sble to reaoh an agreenent at the Conference and it will he necessary to either schedule a Sesring or to orOer a custody evaluation, at the com~ty's expanea, as reconnected in a later section of this report. 4. The Father's position on custody is as follows: The Father believes it would he in the Children's best interest to realde with him in the houae~old where his parents and aunt currently also reside. The Father expressed co~cern that the Mother parties too muc~ an~ stays out late while leaving the Children in the care of unrelated individuals. The Father stated that there is not sufficient room to raise the ChilOrea in the Mother's two bedro~n trailer, in which the Father alleges the Mother's boyfriend, the hoyErisnd,s sc~ anO unother ~lated iedividual reside. The Father believes the Children are being neglected in the Mother's household ~nd indicated a neighbor had read-ted seei D~mlo~ wa ' outside, in only a diauer in -=~-~- ........ ..rig .lkzng 'J. Tle ,~.'C,[lSr S'Cc'lter~ ~1~ ~e ~1 ~ the Fa~er's , , ~siden~, rater ~ to ~--- o411 .~ ..... fo~ ~u ~e ~ ~y act ~sively to ~e ~ild--- -- =-'CYf ~ -7--11" =...6. t ........ f _.at ~i~. ti~. ft w~ fi~ciall- a' ..... ---' '=~'~= oz ~e ~rczes zs ~le to ev~ti~. ~r, it is ~e ~cilia~'s ~ini~ ~t a ~t~ eval~ti~ cir~s of ~is in~l~ ~ti~i~ inci~n~ of violen~ ~t~ placi~ ~e ~ild~ at risk. ~ ex~ple, ~e~ ~ all~atio~ ~ high ~en ~e ~er's ~fri~ =~ into ~ ~ of ~ ~er's ~, ~ain ~ t~ ~il~ ~ ~sent. Because of the nature of the parties' allegations, the potential risk to the Children,s welfare and the c~%olete disparity in the parties' -~ -~f~ the chflc~ren,..th~ · · the relevant ~acc8 =~' '~ ~r:L ~ at~, ~ a ,~ ~ ~t~ ~flfa~ MATI'HEW E. HARTMAN, SR. PLAINTIFF V. STEPHANIE M. HARTMAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA 01-2464 CIVIL ACTION LAW IN CUSTODY AND NOW, Thursday, May 0a, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, M~h..ie_.b._.rg, PA 17055 on Thursday, May 31, 2001 at 12:30 p.m. for a Pre-Heating Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ Da,wn S. Sunday. EsqJ)~ Custody Conciliator The Court of Common Pleas of Cumberland County is requited 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 ATI'ORNEY AT ONCE. IF YOU DO NOT HAVE AN A'I'TORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 MATTHEW E. HARTMAN, SR. Plaintiff/Petitioner STEPHANIE M. HARTMAN Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 01-2464 CIVIL TERM PRAECIPE TO PROCP. En IN FORMA PAUPERIS To the Prothonotary: Kindly allow Matthew E. Hartman, Sr. Plaintiff, to proceed in forma pauperis. I, Steven Boell, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma panperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Steven Boell Certified Legal Intern RO"BL~T E. RAINS-~-' THOMAS M. PLACE TER/L. HENNING Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 MATTHEW E. HARTMAN, SR. Plaintiff STEPHANIE M. HARTMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C/VIL ACTION - LAW IN CUSTODY NO. 01-2464 CIVIL TERM .CERTIFICATE OF SERVICE I, Steven T. Boell, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy ora Praecipe to Withdraw Appearance and Praecipe to Enter Appearance on the following persons by first class U.S. Mail, postage prepaid, this 29th day of November 2001: Stephanie H. Hartraan 182 Holiday Dr. Mechanicsburg, PA 17055 Linda A. Clotfelter, Esquire 3464 Trindle Road Camp Hill, PA 17011 Stephanie M. Hartman c/o Glenda Fenicle 6820 Carlisle Pike Lot 139 Mechanicsburg, PA 17055 Date: Steven T. Boell Certified Legal Intern Robert E. Rains Teri L. Henning Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 MATTHEW E. HARTMAN, SR. Plaintiff/Petitioner STEPHANIE M. HARTMAN Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 01-2464 CIVIL TERM _CERTIFICATE OF SERVICE I, Steven T. Boell, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy ora Praecipe to Proceed In Forma Pauperis on the following person by first class U.S. Mail, postage pr~:pald, this 29th day of November 2001: Stephanie M. Harlman 182 Holiday Dr. Mechanicsburg, PA 17055 Stephanie M. Hartman c/o Glenda Fenicle 6820 Carlisle Pike Lot 139 Mechanicsburg, PA 17055 Steven T. Boell Certified Legal Intern Robert E. Rains Ted L. Henning Supervising Attorneys FAMILY LAW CLfNIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 MA. TI'HEW E. HARTMAN, SR. Plalntif~Petitioner STEPHANIE M. HARTMAN Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVrL ACTION - LAW : IN CUSTODY : NO. 01-2464 CIVIL TERM _CERTIFICATE OF SERVICE I, Steven T. Boell, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail, postage prepaid, this 30th day of November 2001: Stephanie H. Hartman 182 Holiday Dr. Mechanicsburg, PA 17055 Stephanie M. Hartman c/o Glenda Fenicle 6820 Carlisle Pike Lot 139 Mechanicsburg, PA 17055 Steven T. Boell Certified Legal Intern Thomas M Place Robert E. Rains Teri L. Henning Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 MA l fHEW E. HARTMAN, SR. PLAINTIFF V. STEPHANIE M. HARTMAN DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTy, PENNSYLVANIA 01-2464 CIVIL ACTION LAW IN CUSTODY AND NOW,. Tuesday, De~mber 04, 2001 , upon consideration of the aRached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street' Mo"h°"i""bur~, PA 17055 on Thursday, January03,2002 at l:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties 1o furnish any and all existing Protection from Abase orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, DaMn S, Custody Conciliator 0 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 aecommedations available to disabled individuals having business before thc 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 ATrORNEY AT ONCE. IF YOU DO NOT HAVE AN ATFORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MATTHEW E. HARTMAN, SR. PlaintiffdPetitioner ¥. STEPHANIE M. HARTMAN Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IN CUSTODY NO. 01-2464 CIVIL TERM ORDER OF COURT AND NOW, this day of ,200 I, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, , the conciliator, at , on the day of ,2001, at m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court and to enter into a temporao, order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THECOURT: By: Custody Conciliator YOU SHOULD TAKE TH/S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF ! 990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing MATTHEW E. HARTMAN, SR. PlaintifFPetitioner STEPHANIE M. HARTMAN Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IN CUSTODY. NO. 01-2464 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER The petition of Matthew E. Hartman Sr. (hereinafter "Father"), by his attorneys, the Family Law Clinic, respectfully represents that on June 19, 2001, an Order of Court was entered for custody of Damion M. Hartman, bom November 23, 1998, and Matthew E. HarUnan Jr., bom September 14, 2000 (hereinafter "the children"), a true and correct copy of which is attached (Exhibit A). Under the existing Order, Stephanie M. HarUnan (hereinafter "Mother") has primary physical custody of the children. Under the existing Order, Father is to have physical custody of the children on alternating weekends from Saturday at 12:00 p.m. until Sunday at 7:00 p.m. The June 19, 2001 Order should be modified because: Father desires to have priraary physical custody of the children. Father can provide a more stable home environment for the child~n, and can better meet the children's emotional, financial, and social needs. Upon information and belief, Cumberland County Children and Youth Services (hereinafter "CCCYS") has investigated Mother's alleged abuse/neglect of the children, and has determined that such abuse/neglect is indicated. CCCYS has recommended that Father have primary physical custody of the children. d. Pursuant to CCCYS' request, Mother has allowed Father to have primary physical custody of the children since on or about October 12, 2001. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Father primmy physical custody because it is in the best interest of the children. Steven T. Boell Certified Legal Intern as M Place Robert E. Rains Teri L. Henning Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: ~.. ~T~A~, SR., Plaintiff Defendant : NO. 01-2464 eZvTr. ~ : Cl'V-/r. ACTzc~T - LAW .- cc: Linda A. Clotfelte=, EsgUire Ste~anie ~. Hartman, times in - unsel for Fathe= (~~.~0.~ ~ v MATTHEW E. HARTMAN, SR. Plaintiff/Petitioner V. STEPHANIE M HARTMAN Defendant/Respondent : IH THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTy, PENNSYLVANIA : CIVIL ACTION _ LAW : IH CUSTODY : : NO. 01-2464 CIVIL TERM C~ERTIFICATE OF SERVIC-~; 1, Steven T. Boell, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition for Spec/al Relief Seeking Emergency Custody Pursuant to PA R.C.P. 1915.13 on the fo/lowing person by first class U.S. Mail, postage prepaid, this 30th day of November 2001: ' Stephanie M. Hartman 182 Holiday Dr. Mechanicsburg, PA 17055 Stephanie M. Hartman c/o Glenda Fenicle 6820 Carlisle Pike Lot 139 Mechaniesburg, PA 17055 November 30, 2001 Certified Legal Intern FAMILy LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 MATTHEW E. HARTMAN, SR. Plaintiff VS. STEPHANIE M. HARTMAN Defendant :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 0!-2464 C/VIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 12~'n day of February, 2002, the Conciliator, being advised by Plaintiff's counsel that Plaintiff wishes to withdraw his Petition for Modification at this time, hereby relinquishes jur/sdiction. The Custody Conciliation Conference scheduled for February 26, 2002 is canceled. FOR THE COURT, MA~5~HEW E. HARTMAN, SR.t Plaintiff va. STEPHANIE M. HARTMAN, Defendant : IN THE CIX3RT OF C/I~MON PLEAS : CUMB~LAND COUNTg, PENNS~VANIA : : NO. 01-2464 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary, to a psychological/custody evaluation. The evaluator shall be selected by the Court and the cost of the evaluation shall be paid by the County. The purpose of the evaluation shall be to obtain independent professional recome~ndations concerning custody arrangements which will best serve the interests of the Children. The parties shall sign all necessary releases and authorizations for the evaluator to obtain information pertaining to the parties or the Children. 2. Within 30 days after receipt of the evaluator's written rec~ndations, the parties shall contact the Conciliator, Dawn S. Sunday, to schedule a Custody Conciliation Conference. 3. Pending further Order of Court or agreement of the parties, the parties shall share legal custody of the Children, the Mother shall have primary physical custody of the Children and the Father shall have partial physical custody of the Qhildren on alternating weekends from Saturday at 12:00 noon through Sunday at 7:00 p.m. beginning June 23, 2001. The Mother shall transport the Children to and from the end of the Father's driveway fur each exchange of custody. During the Father's periods of custody, the Father shall ensure that the Children are transported at all times in age-apt~ropriate car seats. TRUE COPY FROM RECOR9 In Testimony whergbf, I hm'e umo set my hend and.~e seal of ~'/~ at C~riis~ Pa. ....... -- . / Prot ry , ~ BY THe.. C~XJRT, cc: Linda A. Clotfelter, Esquire - Counsel for Father Stephanie M. Hartman, Mother MATTHSW E. HARTMAN, SR., Plaintiff STEPHANIE M. HARTMAN, Defendant IN T~ (ITJRT OF COM~ PLEAS O~ CUMBE~J~ ~OUNT~, P~S~LYANIA .- : NO. 01-2464 CIVIL T~M : : CIVIL ACTI(IN - LAW : : IN CUSTCOY ~ ~0~, this day of co~sideratic~ of the attached Custody and directed as follows: , 2001, upon Conciliatic~ Report, it is ordered 1. A Hearing is scheduled in Cou~h Room No. , of the C~rland County Court House, on the day of , 2001, at o'clock, .m., at which tir~e testimony will be taken. Fo= purposes of this Hearing, the Father, Matthew E. ~ar~, Sr., shall be deemed to be the moving party and shall ~oceed initim/ly with testimony. Counsel for the parties c~ a party p=o se shall file with the Court and opposing counsel a Memorandum setting forth each party's positio~ o~ custody, a list of witnesses who are expected to testify at the Hearing, and a s~..~m~ry of the anticipated testi~ of each witness. These Mcw~oranda shall be filed at least tan (10) days ~;rior to the ~earing date. 2. Pending further Order of Court or agreement of the parties, the parties shall share having legal custody of the Children, the Mother shall have ~rimary physical custody of the Children and the Father shall ha~e partial physical custody of the Children ~ alternating weekends from Saturday at 12:00 noo~ through ~day at 7:00 p.m. beginning June 23, 2001. The Mother shall transport the Children to ar~ from the end of the Father's driveway for each exchange of custody. During the Father's periods of custody, the Father shall ensure that the Children are transported at all times in age-appro~riate car seats. BY T~E COURT, cc: Linda A. Clotfelter, Esquire - Counsel fo~ Father Stephanie M. Hart2~mn, Mother MA~TH~ E. HARTMAN, SR., Plaintiff STEPHANIE M. HARTMANt Defendant IN THE 00URT OP COMM~ PLEAS OF CUMB~X~J.4t~ COUNTY, P~SYLVANIA NO. 01-24~ CIVIL TERM CIVIL ACTICN - LAW IN CUSTCOY IN ~ WIT~ ~/~) C~XATI~ ~ CF ~ ~,m~E 1915.3-8, the u~dersigned Custody Conciliator subm/ts the following report: 1. The pertinent informatio~ concerning the Children who are the subjects of this litigation is as follows: Da,don M. [-]artman Matthew E. Haz~man Nove~ 23, 1998 September 14, 2000 Mother Mother 2. A Conciliation Conference was head on June 13, 2001, with the following individuals in attendance: The Father, Matthew E. Hartman, with his counsel, Linda A. Clotfelter, Esquire and the Mother, Stephanie M. Hartman, who was not represented by counsel. 3. The parties separated in January 2001, at which time a Protection Prnm Abuse Order was ectered in the York County Court of Co~m~on Pleas prohibiting the Father from having contact with the Mother with the exception of a partial custody schedule under which the Father had custody every Saturday from no(a9 until 7:00 p.m. The Mother was to provide all transportation for the exchanges of custody. Since their separation, both parties have moved to C~erland County and the Father filed this Petitic~ for primry physical custody of the Children. The parties were not able to reach an agreement at the Conference and it will be necessary to either schedule a Hearing or to order a custody evaluation, at the county's expense, as recommended in a later section of this report. 4. The Father's position on custody is as follows: The Father believes it would be in the Children's best interest to reside with him in the household where his parents and aunt currently also reside. The Father expressed concern that the Mother parties too much and stays out late while leaving the Children in the care of unrelated individuals. The Father stated that there is not sufficient room to raise the Children in the Mother's two bedroom trailer, in which the Pat. her alleges the Mother's boyfriend, the boyfriend's sc~ and another unrelated individual reside. The Father believes the Children are being neglected in the Mother's household and indicated a neighbor had reported seeing Damion walking outside in only a dia~er in extremely cold weather without supervision. The Father stated that Children and Youth Services have investigated the Mother's household on several occasions. The Father also alleged that the Mother has violated the York County Protection ~ Abuse Order by not ~aking the Children available to h/m at any time since entry of that Order in January. Finally, the Father expressed concern that neither of the Children is developing appropriately. ~hile the Father was wiiiing to ~articipate in a custody evaluation, he indicated that he has no financial resources (and high debts) from which to pay the expenses. 5. The ~ther's position on custody is as follows: The Mother denied all of the Father's allegatioos with respect to her ability to l~-ovide the proper care and suparvision for the Children. The Mother believes that it would be in the Children's best interest to continue to reside primarily with her. The Mother acknowledged that the youn~er Child was hospitalized recently for testing concerning his level of develo~nt but that the results indicated that the Child has no major health problems. The Mother alleged that while she was present for the exchanges of custody as required by the PFA O~der, the Father did not show up. The ~other explained that she continued to travel to York ~aven, which was the Father's former residence, rather than to Camp Hill which is much closer to her Mechanicsbur~ home, because she received legal advice to abide by the exact provisions of the PFA. The Mother acknowledged there had been one Children and Youth Services investigation at her home as a result of her Father filing a report based on the ~ther denying the grandfather contact with the Children. The Mother indicated that she had contacted Childre~ and Youth to investigate the Father for a burn on the older Child's hand which occurred prior to the parties' separation. The Mother expressed concern that the Father may act abusively to the Children as he had ~hysicelly abused the Mother prior to separation and had been physically rough with the Children in the past. The ~her indicated that she would be willing to participate in a custody evaluation but, as she is unemployed, she cannot afford the costs. 6. A/most all of the factual circumstances of this case were disputed by the parties at the Conciliatiun Conference. Without the benefit of sworn testimony, it was virtually impossible to assist the parties in determining what custody arrangements would best serve the Children's interest. The parties are completely ~a~able to communicate with each other due to the high level of animosity between them at this time. It was determined at the Conference that neither of the parties is able to financially afford to pay even a portion of the costs of a custody evaluation. ~owewer, it is the Conciliator's opinion that a custody evaluatico would he extremely helpful to the Court under the particular circ~stances of this case. Some of the most disturbing allegations involve continuing incidents of violence between the parties which are placing the Children at risk. For example, there were allegations of high speed vehicle chases, with the Children in the car, and a serious accident when the Mother's boyfriend ran into the back of the Father's car, again when the Children were present. Because of the nature of the parties' allegations, the putential risk to the Children's welfare and the complete disparity in the parties' 9ersgectivea concerning ~he relevant facts affecting ~he ~ildren, the Conciliato~ strongly reco~en~s an Or,er in the form as attache~ requiring the ~arties to sub.it to a custody evaluation w/th the costs to be ~aid by the county. In the alternative, an Or,er is reco~en~ed also in the form as attache~, scheduling a ~earing in this matter. Custody Conciliator MATTHEW E. HARTMAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA 01-2464 CIVIL ACTION LAW STEPHANIE M. NACE HARTMAN AND JOHN: GUTTIE AND RHODA GUTI'IE DEFENDANT IN CUSTODY AND NOW, Friday, September 06, 2002 . upon consideration of the attached ComplainL it is hereby directed that parties and their respective counsel appear before ,.. ~_aw__n...S_~..S_.u..-n-d--a-Y-' g~l'_ ......... the conciliator, at 39 West Main Street, M_eehanlesbur~, PA 17055 on Tue~%v, October 01, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and nan'ow the issues to be heard by the court, and to enter into a temporary order. All children al~e five or older may also be present at the conference. Failure to al.~ear 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 Cnstod.v orders to the conciliator 48 boars prior to scheduled hearing. FOR THE COURT, By: Is/ iZ)a,wn S. $,,,,,4ny, 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 bosiness 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 2 Liberty Avenue Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 U· ~B SEP 0 zooz MATTHEW E. HARTMAN, Plaintiff V. STEPHANIE M. NACE HARTMAN and JOHN GUTTIE and RHODA GUTTIE, Defendants ORDER OFCOUR1 You, Stephanie M. Nace HaRman, Defendant, have bee custody or visitation of the minor children:Matthew E. Hartman. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.~OOl CIVIL ACTION - LAW IN CUSTODY ~stody, partial You are ordered to appear in person at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania on ,2002, at , .M., for a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any headng or business before the court. You must attend the scheduled conference or hearing. FOR THE COURT, By: J. MA'I'rHEW E. HARTMAN, Plaintiff STEPHANIE M. NACE HARTMAN, and JOHN GU'I-I'IE and RHODA GU'~'IE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O~ ~lb~I COMPLAINT FOR CUSTODY_ CIVIL ACTION - LAW IN CUSTODY AND NOW, this _ _ day of September 2002, comes Plaintiff, MATTHEW E. HARTMAN, and files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is MATTHEW E. HARTMAN, hereinafter referred to as FATHER, currently residing at 501 Windy Hill Road, Lot 94, Shermansdale, Peny County, Pennsylvania. 2. The Defendant, STEPHANIE M. NACE HARTMAN, hereinafter referred to as MOTHER, currently resides at 2636 Walnut Street, Pennbrook, Dauphin County, Pennsylvania. 3. The Defendants, JOHN GUTTIE and RHODA GUTTIE, hereinafter referred to as GRANDPARENTS, currently reside at _ 3. FATHER seeks primary custodY of the following children: Damion Michael Hartman, age three (3), whose date of birth is November 23, 1998 and Matthew Eugene Hartman, Jr., age two (2), whose: date of birth is September 14, 2000. 4. The children were bom during wedlock. 5. The children are presently in the primary custodY of GRANDPARENTS and in the parti'~ custody of FATHER. following addresses: During the past five (5) years, the children have resided with the following persons at the A. From birth until January 2001 - with MOTHER and FATHER at 90 Northwood Manor, Yofl( Haven, Pennsylvania. B. From January 3, 2001 until October 21, 2001 - with MOTHER and Michael Cromwell at 182 Holiday Drive, Mechanicsburg, Pennsylvania and with MOTHER, Robert Nace and Glenda Fenicle in Mechanicsburg at an unknown location. C. From October 21, 2001 until December 2001 - with FATHER at 309 Hummel Avenue, Lemoyne, Pennsylvania. D. From December 2001 until present - with GRANDPARENTS and Michael Guttie. 7. The MOTHER of the children is a Defendant. She is married to FATHER. 8.The FATHER of the children is Plaintiff. He is married to MOTHER. 9. The relationship of Plaintiff to the children is that of natural FATHER. The Plaintiff currently resides with his fiancee, Melissa Mumper and the minor children on a partial basis. 10. The relationship of Defendant to the children is that of natural MOTHER. The Defendant currently resides with 11. FATHER has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. 12. FATHER has no information of a custody proceeding concerning the children pending in e court of this Commonwealth or any other state. 13. FATHER does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: 15. Each parent whose parental rights to the children have not been terminated, and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, FATHER requests the Court to enter a Custody along the following lines: 1. Sole legal and physical custody of the children shall be with FATHER. Respectfully submitted, / M~l~theTz~'Hartman VERIFICATION I, MATTHEWE. HARTMAN, verify that the statements made in this Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. / / ~atthew E. Hartman MATTHEW E. HARTMAN, Plaintiff VS. STEPHANIE M. NACE HARTMAN end JOHN GUTTIE end RHODA GUTTIE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2464 CIVIL ACTION LAW IN CUSTODY ORDEROF COURT wow, this /t 0 day of , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated June 19, 2001, is vacated and replaced with this Order. 2. The Father, Matthew E. Hartman end the Defendents, John and Rhoda Guttie shall share having physical custody of the Children, with the Father having custody during alternating weeks from Friday at 5:00 p.m., when the Gutties shall transport the Children to Denny's on the Carlisle Pike at 5:00 p.m., through Thursday between 6:00 p.m. and 7:00 p.m. when the Father shall transport the Children to his Mother's (Noreen Snow) residence in Camp Hill. The Father's alternating weekly periods of custody shall begin on Friday, October 11, 2002. 3. During his periods of custody, the Father shall ensure that Damion attends his regularly scheduled CAIU classes on Wednesdays in Summerdale. 4. The Mother shall have periods of visitation with the Children as arranged by agreement of the parties. 5. The parties shall attend an additional Conference in the office of the Conciliator, Dawn Sunday, Esquire, on Tuesday, Decmnber 3, 2002 at 10:30 a.m. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation . . . . In the absence of Conference· The parties may m. odffy thc provtstons of this Order by mutual consent mutual consent, thc terms of th~s Order shall control. BY TI-IE~ ~ Edward E. Guido, cc: Matthew E. Hartman, Father Stephanie M. Nace, Mother John and Rhoda Guttie, Defendants MATTHEW E. HARTMAN, Plaintiff STEPHANIE M. NACE HARTMAN and JOHN GUTTIE and RHODA GUTTIE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2464 CIVIL ACTION LAW IN CUSTODY PRIOR JUDGE: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following ~port: 1. The pertinent information concerning thc Children who are thc subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Damion Michael Hartman November 23, 1998 Matthew Eugene Hartman, Jr September 14, 2000 John and Rhoda Guttie John and Rhoda Guttie 2. A Conciliation Conference was held on October 1, 2002, with the following individuals in attendance: The Father, Matthew E. Hartman, the Mother, Stephanie M. Nace (formerly Hartman) and John and Rhoda Guttie, the maternal grandmother's parents-in-law who have had custody of the Children since December 2001. None of the parties were represented by counsel at the Conference. 3. This Court previously entered an Order in this matter between the Mother and Father on June 19, 2001 under which the Mother had primary physical custody and the Father had partial custody on alternating weekends pending completion ora custody evaluation. Primary custody of the Children was transferred to the Father during October and November 2001 due to the intervention of Children and Youth Services. Thereafter, with the Father's consent, custody of the Children was transferred to John and Rhoda Outtie as the Father no longer had a residence. The Gutties have been working with Children and Youth Services since December 2001 to ensure that the Children have appropriate care and necessary services. The Father filed this Petition for primary physical custody as he has established a residence with appropriate accommodations for the Children. The Mother indicated that she expects to be approved by Children and Youth Services for custody of the Children some time in December 2002 and may request a review of the custody arrangements at that time. The Gutties expressed reservations about the Father's ability to provide proper care for the Children but agreed to a gradual transfer of cnstody with a scheduled review. 4. The parties agreed to enU'y of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator MATTHEW E. HARTMAN, Plaintiff VS. STEPHANIE M. NACE HARTMAN and JOHN GuT'rlE and KHODA GUTTIE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2464 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~'~ dayof ~l~ , 2002, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated October 10, 2002, is vacated and replaced with this Order. 2. The Father, Matthew E. HarUnan and Mother, Stephanie Nace Hartman, shall have shared legal custody of Damion Michael Haman, bom November 23, 1998, and Matthew Eugene Hartman, Jr., bom September 14, 2000. Each parent shall have an equal fight, to be exercised jointly with thc other parent, to make all major non-emergency decisions affecting thc Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. The Father shall have primary physical custody of the Children. 4. Thc Mother shall have partial physical custody of thc Children on alternating weekends from Friday through Sunday, with the exchange times and place of exchange to bc arranged by agreement of the parties. The Mother's alternating weekend periods of custody shall begin on December 13, 2002. 5. The parties shall share or alternate having custody of the Children on holidays as arranged by agreement. 6. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of thc Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido, J. cc:q~,latthew E. Hartman, Father ff'Stcphanie Nace Hartman, Mother fi' Rhoda and John Guttie, Defendants .,kLl',"h:~,'.', "7" MATTHEW E. HARTMAN, Plaimiff VS. STEPHANIE M. NACE HARTMAN and JOHN GUTTIE and RHODA GUTTIE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2464 CIVIL ACTION LAW CUSTODY PRIOR JUDGE: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OFBIRTH CURRENTLY IN CUSTODY OF Damion Michael Hartman November 23, 1998 Matthew Eugene Hartman, Jr September 14, 2000 John and Rhoda Guttie John and Rhoda Guttie 2. A Conciliation Conference was held on December 3, 2002, with the following individuals in attendance: The Father, Matthew E. Hartman, the Mother, Stephanie Nace Hartman and Rhoda Guttie. None of the parties is represented by counsel in this matter. 3. The parties agreed to entry ofan Order in the form as attached. Date Custody Conciliator MATTHEW E. HARTMAN PLAINTIFF Vo STEPHANIE MARIE HARTMAN & JOHN GUTTIE AND RHODA GUTTIE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2464 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 16, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehaniesburg, PA 17055 on Wednesday, December 08, 2004 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children axe five or older may also be l~resent at the conference. Failure to apl~ear 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, Soecial Relief orders, and Custody orders to the conciliator 48 hours I~rior to scheduled hearinl~. FOR THE COURT. By: Is~ Dave~ $. Suadag~ Esq. rnhc 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ! "1:0t ~¥ h~ ^ON ¥30Z ~.~¥1,ONOHiOW~J 3Hi JO MATTHEW E. HARTMAN, Plaintiff/Respondent VS. STEPHANIE MARIE HARTMAN Defendant/Petitioner and JOHN GUTTIE and RHODA GUTTIE Defendants/Respondents NOV 1 0 21)04 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. n,~ , o,-,~.~r~rTT TERM CUSTODY TEMPORARY ORDER OF COURT AND NOW, this ~ day of ,2004, at ~ .m., upon consideration of the Petition for Modification, the following order is entered regarding the custody of Damion N. Hartman, bom November 23, 1998, and Matthew E. Hartman, Jr., bom September 14, 2000: 1. The parties shall have shared legal custody of the children. 2. This matter is scheduled for a custody conciliation before the conciliator, ., on ,2004, at __.m. in ., Pennsylvania. 3. Defendant/Petitioner is granted primary physical custody until the date of the custody conciliation. 4. Plaintiff/Respondent is granted periods of partial physical custody on alternating weekends until the date of the custody conciliation. BY THE COURT, Distribution: Jessica Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Matthew Hartman 505 South 32na Street Camp Hill, PA 17011 John and Rhoda Guttie 3 912 Rauch Road Harrisburg, PA 17101 MATTHEW E. HARTMAN Plaintiff/Respondent Vo STEPHANIE MARIE HARTMAN Defendant/Petitioner and JOHN GUTTIE and RHODA GUTTIE Defendants/Respondents : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO.-0'2-~89~ CIVIL ACTION : : CUSTODY PETITION FOR MODIFICATION Petitioner, Stephanie Marie Hartman, by and through her attorney, Jessica Diamondstone of MidPenn Legal Services, states the following: Petitioner is the above-named Defendant/Respondent, Stephanie Marie Hartman, hereinafter referred to as Mother, who resides at 2234 North 4th Street, Harrisburg, Dauphin County, Pennsylvania, 17110. The above-named Plaintiff/Respondent, Matthew E. Hartman, hereinafter referred to as Father, resides at, 505 South 32na Street, Camp Hill, Cumberland County, Pennsylvania, 17011. o The above-named Defendants/Respondents are John and Rhoda Guttie, who reside at 3912 Rauch Road, Harrisburg, Dauphin County, PA 17101. The Guttie's are Father's step-grandparents, hereinafter referred to as Step- Grandparents. The above-named parties are the natural parents and step-great-grandparents of Damion M. Hartman, born November 23, 1998, and Matthew E. Hartman, Jr., born September 14, 2000. A custody order was entered on December 10, 2002, which in pertinent part granted Father primary physical custody of the children and gave Mother periods of partial physical custody on alternating weekends from Friday until Sunday. A copy of the order is attached as Exhibit "A" and incorporated herein by reference. Mother is requesting this modification to the order of December 10, 2002, for the following reasons: a.) Father was incarcerated from November of 2003 to January of 2004 for theft by deception, check fraud, and identity theft. During that time, Mother had primary physical custody of the children. b.) Since Father was released from incarceration in January 2004, he has failed to exercise his right to primary physical custody and visits with them on an arbitrary and sporadic schedule. c.) Mother has had primary physical custody of the children since Father's incarceration in November 2003. d.) Father does not have the ability to care for the children on a full time basis. e.) To uproot the children from Mother's home would be disruptive and would have a negative impact on the children's emotional well-being. f.) Mother lives with her boyfriend, James Brennan. Mr. Brennan has custody of his two children, Danielle and Michael. Mother and Mr. Brennan also have a daughter together, Brianna. All of these children live in the same household with Damion and Matthew, the subjects of the instant custody action. g.) Damion and Matthew have developed a close family relationship with the other children, Mr. Brennan and their mother. Removing Damion and Matthew from the home would disrupt the healthy and positive ongoing family relationship that currently exists. h.) Mother is financially stable and provides a good home and quality of life for the children. Mother also provides for the children's mental, educational, emotional and physical needs. Mother fears that without this Court's intervention, Father will attempt to remove the children from Mother's home. o It is unknown as to whether Father or Step-Grandparents have counsel and Mother is unable to seek a concurrence with the relief requested in this petition. WHEREFORE, Mother respectfully requests that this Court find that the best interests of the children are served by granting Mother primary physical custody. Mother also requests that this Court: a) Grant the parties shared legal custody of the children. b) Schedule this matter for a conciliation in order to modify the existing December 10, 2002 Order. c) Grant Father periods of partial physical custody on alternating weekends until a custody conciliation can be scheduled. d) Any additional relief the Court finds just and proper. Respe~./~ubmitted, ~essTDi~one Attorney for Defendant/Petitioner MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 MATTHEW E. HARTMAN, Plaintiff VS. STEPHANIE M. NACE HARTMAN and JOHN GUTTIE and RHODA GUTTIE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2464 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~~ dayof ~ .,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated October 10, 2002, is vacated and replaced with this Order. 2. The Father, Matthew E. Hartman and Mother, Stephanie Nace Hartman, shall have shared legal custody of Damion Michael Hartman, bom November 23, 1998, and Matthew Eugene Hartman, Jr., born September 14, 2000. Each parent shall have an equal fight, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. The Father shall have primary physical custody of the Children. 4. The Mother shall have partial physical custody of the Children on alternating weekends from Friday through Sunday, with the exchange times and place of exchange to be arranged by agreement of the parties. The Mother's alternating weekend periods of custody shall begin on December 13, 2002. 5. The parties shall share or alternate having custody of the Children on holidays as arranged by agreement. 6. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido, cc:&atthew E. Hartman, Father 'v/Stephanie Nace Hartman, Mother v/ Rhoda and John Guttie, Defendants MATTHEW E. HARTMAN, Plaintiff VS. STEPHANIE M. NACE HARTMAN and JOHN GUTTIE and RHODA GUTTIE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2464 CIVIL ACTION LAW IN CUSTODY PRIOR JUDGE: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Damion Michael Hartman November 23, 1998 Matthew Eugene Hartman, Jr September 14, 2000 John and Rhoda Guttie John and Rhoda Guttie 2. A Conciliation Conference was held on December 3, 2002, with the following individuals in attendance: The Father, Matthew E. Hartman, the Mother, Stephanie Nace Hartman and Rhoda Guttie. None of the parties is represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date D~cm S. Sunday, Esquire Custody Conciliator VERIFICATION The above-named Defendant/Respondent, Stephanie Hartman, verifies that the statements made in the above Petition for Modification are true and correct. Defendant/Respondent understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: -~'- ~ - ~l~anie Hartman MATTHEW E. HARTMAN, Plaintiff/Respondent VS. STEPHANIE MARIE HARTMAN Defendant/Petitioner and JOHN GUTTIE and RHODA GUTTIE Defendants/Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3892 CIVIL TERM CUSTODY CERTIFICATE OF SERVICE I, Jessica Diamondstone, Esquire, of MidPenn Legal Services, attorney for the Defendant/Petitioner, Stephanie Hartman, hereby certify that I have served a copy of the foregoing Petition for Modification on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Matthew Hartman 505 South 32na Street Camp Hill, PA 17011 John and Rhoda Guttie 3912 Ralph Road Harrisburg, PA 17101 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. NOV i 0 2004 MATTHEW E. HARTMAN, Plaintiff/Respondent VS. STEPHANIE MARIE HARTMAN Defendant/Petitioner and JOHN GUTTIE and RHODA GUTTIE Defendants/Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-389-2' CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Stephanie Hartman, Defendant/Petitioner, to proceed in forma pauperis. I, Jessica Diamondstone, 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. ees 1 n Grace D'Alo Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 MATTHEW E. HARTMAN PLAINTIFF STEPHANIE MARIE HARTMAN & JOHN GUTTIE AND RHODA GUTTIE DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2464 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 16, 2004 ., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before ]Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechaniesburg, PA 17055 on Wednesday, December 08, 2004 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be l~resent at the conference. Failure to apl~ear 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, Soecial Relief orders, and Custody orders to the conciliator 48 hours I~rior to scheduled hearing. FOR THE COURT~ By: /s/ Dam S. Sunday, Esq. rat, c 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 arrm~gements 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 1704[ 3 Telephone (717) 249-3166 MATTHEW E. HARTMAN Plaintiff VS. STEPHANIE MARIE HARTMAN & JOHN GUTTIE AND RHODA GUTTIE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERL)d'qD COUNTY, PENNSYLVANIA 01-2464 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this °~ ~1'~ ~~ day of , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A heari~ng is schedule !n Co _u_u_u_u~oom No. ~ of'the Cumberland County Courthous, K ~.~O,.- on the _~ le~ day of ~ ,20057~at which nme tesumony will be taken. OWe' pwn. For purposes of the hearing, {/ne Mother~"Stephanie M. Hartman, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or a party pro se shall submit a memorandum to the Court and opposing counsel setting forth each party's position on custody, a list of witnesses who are expected to testify at the heating, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least 10 days ptior to the heating date. 2. Pending the heating and further Order of Court, the prior Order of this Court dated December 10, 2002 shall be suspended and replaced with this Order. 3. The Mother, Stephanie M. Hartman, and the Father, Matthew E. Hartman, shall have shared legal custody ofDamion M. Hartman, bom November 23, 1998, and Matthew E. Hartman, Jr., born September 14, 2000. Each parent shall have an equal tight, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 4. The Mother shall have primary physical custody of the Children. 5. The Father shall have partial physical custody of the Children on the two days per week when the Father is off work upon providing at least 24 hours advance notice to the Mother. The Mother shall cooperate and make reasonable arrangements to accommodate the Father's work schedule. Unless otherwise agreed between the parties, the Father's periods of custody under this provision shall end at 7:00 p.m. 6. The parties shall share having custody of the Children over the Christmas holiday in 2004 as follows: The Mother shall have custody of the Children from December 24th through Christmas Day at 12:00 noon, the Father shall have custody from Christmas Day at 12:00 noon through December 31st at 12:00 noon, and the Mother shall have custody from December 3 lst at 12:00 noon through the remainder of the Children's holiday school break. 7. The Mother shall reimburse the Father in the amount orS 10.00 per week as a contribution toward transportation costs during weeks when the Father makes :at least two trips to pick up the Children or drop them off at the Mother's residence. 8. The parties shall communicate directly concerning issues affecting the Children and shall ensure that third parties do not interfere with or add conflict to the: parties' communications or custody arrangements. 9. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido Jo cc: ~latthew E. Hartman, Father .~ca Diamondstone, Esquire - for Mother Counsel ~,,ffohn and Rhoda Guttie, Defendant Paternal step-grandparents v/ MATTHEW E. HARTMAN Plaintiff VS. STEPHANIE MARIE HARTMAN & JOHN GUTTIE AND RHODA GUTTIE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2464 CIVIL ACTION LAW IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Damion M. Haman Matthew E. Hartman, Jr. November 23, 1998 September 14, 2000 Mother Mother 2. A conciliation was held on December 8, 2004, with the following individuals in attendance: The Father, Matthew E. Hartman, who was not represented by counsel at the conference, the Mother, Stephanie M. Hartman, with her counsel, Jessica Diamondstone, Esquire, and the paternal Step- Grandparent, Rhoda Guttie, who is not represented by counsel. 3. This Court previously entered an Order on December 10, 2002 under which the Father had primary physical custody of the Children and the Mother had partial custody on alternating weekends. At the time of the Father's incarceration in November 2003 primary custody was transferred to the Mother by agreement between the parties, although it is disputed, as to the intended duration of the change in custody. At the time of the conference, the Children continued to reside in the Mother's residence. The Mother filed this Petition for Modification of the December 10, 2002 Order seeking to formalize the existing arrangements under which the Children are in her primary care. The Father opposed the Mother's request, sought to obtain immediate primary custody of the Children in accordance with the December 10, 2002 Order and requested that a hearing be scheduled. As the parties were unable to reach an agreement at the conference, it will be necessary to schedule a heating. It should be noted that the Father requests an expedited hearing due to his concerns regarding the Mother's failure to provide adequate care for the Children while in her custody. 4. The Mother's position on custody is as follows: The Mother believes it would be in the Children's best interests to continue to reside in her primary care. The Mother stated that she has had custody of the Children since the Father's incarceration in Now~mber 2003. The Mother stated that since the Father's release from prison in January 2004, the Father has only expressed occasional interest in spending time with the Children. According to the Mother, the Father advised her that he had no place for the Children to stay. Also according to the Mother, the Father has had only one overnight since 2003 and sporadic periods of custody of a few hours at a time. The Mother indicated that the paternal grandmother with whom the Father was residing advised her that she was unable to continue taking care of the Children in her household. The Mother enrolled the parties' oldest son in kindergarten in the Harrisburg School District at the beginning of' the 2004-2005 school year and feels that it would be disruptive to both Children to uproot them from her home where they have been residing for the past year. The Mother believes the Children have formed a bond with the Mother's boyfriend and his two children, who also have been residing in the house. 5. The Father's position on custody is as follows: The Father believes it would be in the Children's best interests to reinstitute the December 2002 Order under which he had primary custody prior to his incarceration in 2003. The Father stated that he requested that the Mother transfer custody back to him a few months after he was released from prison but the Mother wanted to keep the Children a little longer and he agreed. The Father indicated that he currently resides in a three bedroom trailer with his fiancre and their daughter, which would provide adequate room for the Children. The Father does not believe the Mother is providing adequate care for the Children, including medical and dental care (disputed by Mother). The Father expressed concern that the Mother has no means of transportation while she has the Children, as weI[1 as her boyfriend's children, in the residence during the day. The Father also expressed concern regarding interference by the Mother's boyfriend in the custody situation which has escalated the conflict. The Father argued that the December 2002 Order, under which he had primary custody, should be enforced pending the hearing so that the Father could enroll Damion in kindergarten in the Father's school district. 6. Pending the hearing, which is expected to require at least one-half to one full day, the conciliator recommends an Order in the form as attached. It should be noted that with the exception of the holiday custody provision and transportation expense reimbursement provision which reflect the agreement of the parties, the remainder of the attached proposed Order is the recommendation of the conciliator over the strong objection of the Father. The recommended temporary arrangements pending hearing are based upon the fact that Damion has been enrolled in kindergarten in the Mother's school district since the beginning of the 2004-2005 school year and are intended to prevent the potential for two changes in schools through final resolution of the custody issues. The recommended Order is also based on the fact that both parties acknowledge that the custodial arrangements in the December 2002 Order were changed, at least initially, by agreement so that the Mother would assume custody at the time the Father was incarcerated. Date Dawn S. Sunday, Esquire Custody Conciliator MATTHEW E. HARTMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLA:m COUNTY, PENNSYLVANIA VS NO. 01-2464 CIVIL TERM STEPHANIE MARIE HARTMAN and JOHN and RHODA GUTTIE, Defendants CIVIL ACTION - LAW IN CUSTODY IN RE: CUSTODY ORDER OF COUR'I' AND NOW, this 21st day of January, 2005, after hearing, enter the following order that shall replace all prior custody orders: 1. The Mother, Stephanie M. Hartman, and the Father, Matthew E. Hartman, shall have shared legal custody of Damian M. Hartman born November 23, 1998, and Matthew E. Hartman, Jr., born September 14th, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent to make all major nonemergency decisions affecting the children's well being including but not limited to all decisions regarding their health, ed~cation, and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the children including but not limited to school, medical records and information. 2. Mother shall have primary physical custody of the children subject to partial physical custody of Father as follows: A. Every other weekend from Saturday at 9:00 a.m. until Sunday at 6:30 p.m. ?rovided, however, that if Father can make arrangements to take the child to school and return the other child to Mother, he may upon 24 hours notice to Mother extend that weekend visitation until Monday morning. B. At such other times as the parties agree. 3. Christmas vacatior: Father shall have the children in odd numbered years from Christmas Day at noon until New Year's Eve at noon. In even numbered years, Father shall have the children from Christmas Eve at noon until Christmas Day at noon. 4. Thanksgiving vacation: In even numbered years the Father shall have the children from after school the day before Thanksgiving until 2:00 p.m. on Thanksgiving Day. On odd numbered years, from Thanksgiving day at 2:00 p.m. until 6:00 p.m. the day after. If his regularly scheduled weekend visitation falls on Thanksgiving weekend during odd numbered years, Father need not return the children until 6:30 p.m. Sunday evening. 5. Father shall have the children every Father's Day from 9:00 a.m. until 6:30 p.m. 6. If Mother's Day falls on Father's regularly scheduled weekend, he shall return the children by 10:00 a.m. on Mother's Day. 7. Father shall provide the transportation for his periods of partial custody, picking the children up at Mother's home or such other place as agreed upon and returning them to Mother's home or their school when appropriate. 8. The parties will ~odify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. 9. Mrs. Guttie may have visitation with the children as agreed upon between her and Mother as long as it does not interfere with Father's periods of partial custody. Edward E. Guido, J. ~tthew E. Hartman, Father ~ssica Diamondstone, Esquire For Mother ~ohn and Rhoda Guttie, Paternal step-grandparents V}~ ~,*0 ..~ , OI-Jjo..5 \j;r".Ni\'lA~;N~,!3d , it r(":;,"--,., /j' ~l.-/-- -;~'--:'''1'\:J I\..;..J\, ~'_" ~'~'t': ',j" Z~ :8 Wi SZ Ii'vr SDill AHvl(Y'~Ot-LC':~:.:d 3Hl :r)U30~C31!::J .,v\ ..;....J -----