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HomeMy WebLinkAbout01-2464 (2) ..fL s j pp 1 f'm'Llh I C.i T l Name: MNA Lt w 1 Address: Skf Do.wc i `U "I ii l 1p P� NS YLYh 9UNT Y P City: H J PA Zip: 1U5 Telephone: -1 I°1-307 -5'4 ns' Email: 1�`fia ��a.�-��� 5<. •e,.�� � r- VA 1-i ortmau...l =5r. : IN THE COURT OF COMMON PLEAS Plaintiff : BAkketON COUNTY, PENNSYLVANIA V. NO. CV CIVIL ACTION - LAW Defendant PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS TO THE HONORABLE JUDGES OF SAID COURT: Pursuant to Pa.R.C.P. No. 240, 1 hereby certify that I am without financial resources to pay the casts associated with my case, and therefore believe that I am entitled to proceed in forma pauperis. In support of my petition, I have attached to it a certification of indigency and incorporate it herein by reference, a certification which fully t and truthfully describes my overall financial condition at the present time. WHEREFORE, the undersigned asks leave of court to proceed in forma paupers, without the need to pay any costs in connection with the instant action. Respectfully submitted, . Date Signat re of Petitioner Revised 12-09 @ Dauphin County Court of Common Pleas Name: e !'l re C"C-1 Address: P JO- City: C�J. PA Zip: ON S Telephone: Email: JE64 IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA V. NO. CV 5t��h ►e jj�e.,��c�.e1 CIVIL ACTION - LAW Defendant CERTIFICATE OF INDIGENCY 1. I am the laintiff efendant) in the above matter and because of my financial condition, I am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. 1 am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: MrA f1 mp,,j S r. Address: 5� oa,,,a kLIA I�oz ?n (b) Employment: If you are presently employed, state Employer: 1\Ic rj e Address: Al oNoe Revised 12-09 ©Dauphin County Court of Common Pleas Salary or wages per month: (DOD i Type of work: S If you are presently unemployed, state Date of your last employment: Salary or wages per month: T\/a Type of work: Ado,.+e (c) Other income within the past twelve (12) months Business or profession per month: L Other self-employment per month: Ala,jc� Interest per month: Pdomi- Dividends per month: i�o,--(0 Pensions and annuities per month: /\1oNe Social Security benefits per month: lVogie Support payments per month: Iuc,,l z Disability payments per month: /Vori10- Unemployment Compensation and supplemental benefits per week: N ft-Ne Workers' Compensation per month: 1\10ai. Public Assistance per month: JS3() CA Ik"AS Other per month: (d) Other contributions to household support Wife/Husband Name: 1v u e. If your wife/husband is employed, state: Employer: /VOI'(e Revised 12-09 O Dauphin County Court of Common Pleas Salary or wages per month: /Vcuc Type of work: Nrw e, Contributions from children: Aline Contributions from parents: l\1 o io e Other contributions: No�je (e) Property owned Cash: e. Checking account: �S i °71 Savings account: A/0.0e Certificates of deposit: Mill(- Real estate (including home): M&ie Motor vehicle: Make: I�Year: d x)o Cost:$aU y�r3 Amount Owed: Stocks and bonds: dw4c Other: lv ooi C. (f) Debts and obligations - average per month Mortgage: 3,?f1U Rent: Loans: (LSO Other: L. -.IA S . orQrf VV (g) Persons dependent upon you for financial support Wife/Husband Name: NvN e Children, if any: 'I Name: Age: Revised 12-09 ©Dauphin County Court of Common Pleas MA 14"r 1"AA G-f-I Other persons dependent upon you for financial support (such as parents, grandparents, etc.): Name: fqo,00. Relationship: fkto�e. 4. 1 understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 1 verify that the statements made in this affidavit are true and correct- I understand that false statements herein are being made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. 7., 10 Date Sign ute of Petitioner Revised 12-09 @ Dauphin County Court of Common Pleas 0i I hi P ;J iIiU OiAi 2013 JUL -3 PM j: 13 Name Ma 1-10..141,A040 CUMBERLAND COUNTY Address se4 1-)0„,3,,, 1..o+ 14 1b City 1-1L.1-AQ.)e , PA Zip: F1o3� Telephone Number `1 l 1-3u'1 S(o v`E . Email Address (V tG.'Vr t-1(V 4 Mo.,J 5 r Gc Corn ern Mcf,4 l-L 1 S,, : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA v. : NO. Cif-It CV CU S\• \JAna.,!e brc : CIVIL ACTION-LAW Defendant : IN CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER '!. The petition of 1'‘a4 (-fart r r. respectfully represents that on , ,2oo4 a Custody Order of Court was entered,a true and correct copy of which is attached. 2. This Order should be modified because: 0Alf "let As J [nt0 A.r� carte ■1,1 4 r :S lw. 4Q". vat. I ,.J• I Q t' i `I , I lift f - Revised 9-06 ®Dauphin County Court of Common Pleas WHEREFORE, Petitioner requests that the Court modify the existing Order because it will be in the best interest of the child(ren). I verify that the statements made in this Petition for Modification of Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. ,1 I ao13 214, • Date 1 Sigrjat re of Petitioner, Pro Se iVk4. ) arhMoon Print Name • Revised 9-06 0 Dauphin County Court of Common Pleas Ma- L Ia,Amo.o Sr. : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPWCOUNTY, PENNSYLVANIA V. N&I_a� V 5e nY1o,�t;e, fehl�iar-I CIVIL ACTION -LAW Defendant ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS AND NOW, this ti day of 20,(�_, upon presentation and consideration of the within petition and attached certification, we grant the relief prayed for, and grant Petitioner leave to proceed with this case in forma pauperis, without the need to pay any costs connected .therewith, all of which is pursuant to Pa.R.C.P. No. 240. BY THE COURT: JUDGE rri-v M Revised 12-09 ©Dauphin County Court of Common Pleas MATT HARTMAN, SR. IN THE COURT OF COMMON PLEC401L :K _C.�> —1 PLAINTIFF CUMBERLAND COUNTY, PENNSrEWAXIA :r ra kDr> z:- V. 2001-2464 CIVIL ACTION LAW (ZD STEPHANIE BRENNAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW,—Tuesday,July 23,2013 , upon consideration of the attached Complaint, it is hereby directed that pat-ties and their respective counsel appear before Dawn S.Sunday,.Esq. the conciliator, at 39 West Main Street,Mechanicsburg,PA 17055 on Tuesday,August 13,2013 11:30 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/ Daum S. Sunday,Esty. 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 0 C:2> 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 PL 1 11 V` MATT HARTMAN SR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2001-2464 CIVIL ACTION LAW STEPHANIE BRENNAN : Defendant IN CUSTODY ORDER OF COURT 1ti AND NOW, this day of _Doak 2013, upon consideration of the attached Custody Conciliation Report, it 1's ordered and directed as follows: 1. In light of the fact that the Plaintiff has filed custody petitions in both Cumberland and Dauphin Counties and that the Dauphin County Court of Common Pleas has issued a comprehensive Custody Order after hearing on August 13, 2013,jurisdiction of this matter is transferred to Dauphin County. 2. The custody conciliation conference originally scheduled in this matter for August 13, 2013 shall not be rescheduled and any pending custody proceedings filed in Cumberland County are terminated. BY THE COURT, cc: att Hartman Sr. -- Father ✓ Stephanie Brennan—Mother C-3 C. Cw vs r- c r-q J CD CD —C co =;:a MATT HARTMAN SR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2001-2464 CIVIL ACTION LAW STEPHANIE BRENNAN Defendant IN CUSTODY Prior Judges: Christylee Peck—July, 2013 Edward E. Guido—January,2005 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. On July 24, 2013, the Father, Matt Hartman, Sr., filed a pro se Petition for Modification of a 2004 Order. No further information pertaining to the 2004 Order is provided in the Father's Petition. 2. A custody conciliation conference was scheduled in the usual course on the Father's Petition for August 13, 2013. 3. The Father requested that the conciliation conference be continued as he was unable to take off work for the scheduled conference. 4. On August 13, 2013, the conciliator was contacted by Judge Turgeon's office and advised that a hearing had been held that morning to address a custody petition that the Father had filed in Dauphin County. Judge Turgeon's office further advised that a pretrial conference on the Father's Petition had been held in May, 2013 and that a hearing was scheduled at that time for August 13. Apparently, the Father filed his Petition for Modification in Cumberland County between the time of the pretrial conference in Dauphin County and the scheduled hearing date in Dauphin County. The Father is the Plaintiff on both custody actions. The Father resides in Dauphin County and the Mother resides in Cumberland County. 5. Judge Turgeon advised that she was entering a custody order addressing the outstanding custody issues between the parties. 6. Accordingly, the conciliator recommends an Order in the form as attached discontinuing the custody action filed in Cumberland County and transferring jurisdiction to Dauphin County. 7. A copy of the Order entered by the Dauphin County Court in this custody matter is attached for the Court's convenient reference. -3 /-3 Date Dawn S. Sunday, Esquire Custody Conciliator MATT HARTMAN, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA vs. NO. 2007 CV 997 CU STEPHANIE BRENNAN, Defendant CIVIL ACTION- CUSTODY ORDER OF COURT—PARENTING PLAN 4~; LS AND NOW, this 13' day of August, 2013, following a trial which Father failed tP attend, regarding the above-captioned parents' physical and legal custodial responsibilities of their minor children, Damian Hartman, DOB: 11/23/1998 and Matthew Hartman, Jr., DOB: 09/14/2000, it is hereby ORDERED AND DECREED, in the children's best interests that the "Parenting Plan" shall be as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their children. a. Major parental decisions concerning their children, including, but not limited to, their children's health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made jointly by the parents, 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 children's best interests. b. Absent an emergency, neither parent shall obtain medical care and/or have an initial interview'with any health caregiver in the absence of the participation of the other parent. C. Any parent granted shared legal custody has 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). d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their children's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning their children's progress and welfare. e. Both parents shall arrange for the children's school to provide both parents identical information. Both parents shall provide to the other parent on a weekly basis, all school papers, projects, or other products of the children's development, and mutually share those items as fully as possible. f. The parents shall, in advance, discuss and attempt to reach a mutual agreement regarding the following matters: their children's enrollment or termination in a particular school or school program, advancing or holding their children back in school, authorizing enrollment in college, authorizing their children's driver's license or purchase of an automobile, authorizing employment, Authorizing minor children's marriage, enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 9. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their children. h. 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. i. If the parents are unable fo agree, they shall follow the procedures set forth in Paragraph 16 of this Order. 2. No Conflict Zone and General Rules of Conduct: a. The parents shall not alienate the affections of their children from the other parent and the other parent's extended family and shall make a special conscious effort not to do so. To the extent possible, the parents shall prevent third parties from alienating-the children's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No-Conflict Zone for their children and refrain from making derogatory or uncomplimentary comments about the other parent in the presence of their children and to the extent possible, shall not permit third parties from making such comments in the presence of their children while in their physical custody, whether they are sleeping, awake or in another room. C. It shall be the duty of each parent to uphold the other parent as one the children should respect and love. d. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. e. The parents shall refrain from encouraging their children to provide reports about the other party. Communication should always take place directly between parents, without using their children or others as an intermediary or spy on the other parent. It is harmful to the children to be put in the role of a spy. 2 f The children shall be protected by the parents from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall, to the extent possible, avoid contact with such individuals of poor character. It sets a bad example and may corrupt the morals of the children. g. The parents should remember that they cannot teach the children proper moral conduct by indulging in improper conduct themselves. Children are quick to recognize hypocrisy and the parent who maintains a double standard will lose the respect of their children. h. The parents shall not permit their children to be exposed to or participate in interactive excessively violent video games based upon their understanding that violent video games increase aggression, physiological desensitization to violence and decreases pro-social behavior. The parents shall read these online articles that provide guidance concerning video games: http://arstechnica.com/gamingL20lO/l2/parenting-and-video-games/ h=://www.psychologZoday.com/bl6g/gieat-kids- rg eat-parents/201104/kids-parents-and- video-games i. The parents including their extended family shall not conduct arguments or heated conversation when they are together in the presence of their children. j. It is in the children's best interest for the parents and all adults to understand that the children are trying to desperately cope with the custody litigation and related issues, and need help in loving both parents, rather than interference or censure. k. The parents shall, at all times, consider the children's best interests, and act accordingly. 3. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their children, as outlined in Paragraph 4 herein. b. All physical custodial exchanges shall be handled professionally, under a "no conflict zone," abiding by all techniques set forth in reputable parental educational materials, to avoid conflict, anxiety, and other emotional harm to the children. c. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern or interest to the other parent. 3 d. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their children at the time of the emergency shall be permitted to make any necessary immediate decisions. e. In the event of a child's serious illness, the parent then having physical custodial responsibility shall immediately inform the other parent by telephone or any other means, as to the nature of the illness. During such illness, each parent shall have the right to visit the child, consistent with the medical status of the child. f. If a child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parent at the custodial exchanges. An adequate supply of the children's recommended nutritional supplements and non-prescription medication and supplies, if any, shall be maintained by each parent. g. The parent with physical custodial responsibilities for their children during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational.progress. h. Each parent shall promptly notify the other parent of, and invite to major events in the children's lives, including but not limited to graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. i. When the children are not with a parent during the weekend, that parent may telephone one time with the children during the weekend to speak with them, as well as periodically during the week, as needed, without being intrusive. j. The parents will not deviate from the regular custody schedule because of their children's birthday. k. Each parent should promptly and politely respond to the other parent's telephone calls, text messages, faxes and emails regarding the children. 1. If one parent will be late for a physical custodial exchange they shall call or text the other parent as soon as possible but no later than [30] minutes prior to the appointed meeting time. 4. Physical Custodial Responsibility Schedule: a. Mother shall have primary physical custodial. responsibility for their children. b. Father shall have shared physical custodial responsibilities for their children in accordance with the following schedule: 4 i) One weekend a month with Damian from Friday after school/work until Sunday at 6:30 p.m. ii) Alternate weekends with Matthew Jr. from Friday after school/work until 6:30 p.m. iii) Other additional times as the parents can agree. C. School Holidays and Teacher In-Service Days: Long weekends due to school in-service days and holidays including but not limited to Martin Luther King Day, President's Day and Columbus Day shall attach to the weekend. The return time is 7:30 p.m. on the holiday. In-service days occurring on Friday will attach to the weekend and will begin after school Thursday. In-service days occurring on Monday will attach to the prior weekend. d. Summer: Each parent shall be entitled to two (2) non-consecutive weeks of uninterrupted vacation time period with their children. A week is defined at seven (7) days, which must include the party's regularly scheduled custodial weekend. Each party shall provide the other with thirty (30) days' notice of his/her intention to exercise the extended custodial period. e. Holidays: The holiday schedule shall take priority over the regular custody schedule. i) Thanksbying school holiday: Will be divided into two segments. The parties shall alternate these segments. Segment A shall run from Wednesday at noon until Thursday at 2:00 p.m. Segment B shall run from Thursday at 2:00 p.m. until Friday at 6:30 p.m. with Father having physical custodial responsibilities for their children during Segment A in even-numbered years, alternating with Mother in odd-numbered years. ii) Christmas/New Year's school holiday: Will be divided into two segments. Segment A is from the last day of school for Winter Break after school/work until December 25' at 2:00 p.m. Segment B is from December 25`h at 2:00 p.m. until December 30'h at 6:30 p.m. Mother will have physical custodial responsibilities for their children during Segment A and Father will have physical custodial responsibilities for their children during Segment B in even-numbered years. Segments will alternate in odd-numbered years. Major gifts should be discussed and coordinated between the parents. iii) All other holidays as mutually agreed upon by the parties. 5 f. Mother's Day and Father's Day: Mother will have physical custodial responsibilities for their children on Mother's Day and Father will have physical custodial responsibilities for their children on Father's Day. 5. General Custodial Schedule Provisions: a. The parents may revise this schedule upon written agreement and should be flexible for the sake of the children. b. Each parent shall have the option of proposing temporary time or date variations to the other parent when special recreational or other unexpected opportunities arise. The parent asking for the change in schedule shall ask the other parent by email/text or by phone no later than [1] week prior. The parent being asked for the change will reply either by email/text or by phone no later than [24] hours after the request is made. If the parents cannot agree, the parent receiving the request will make the final decision. C. In the event certain provisions in this Parenting Plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. d. If either parent or the children have plans which conflict with a scheduled visit and wish to change visitation, the parents should make arrangements for an adjustment acceptable to the schedules of everyone involved and should be flexible for the sake of the children. e. The children should be consulted as to their schedules. f. Physical custodial rights shall be exercised at reasonable hours and under circumstances reasonably acceptable to the other parry and to the needs and desire of the minor children. g. If a parent finds they are unable to keep an appointed exchange time or other appointment for the children, they should give immediate notice to the other parent, so as to avoid subjecting the children to unnecessary apprehension and failure of expectations. h. The parent relinquishing physical custodial responsibility should prepare the children both physically and mentally for the transfer of custody to the other parent and have them available at the time and place mutually agreed upon. 6. Transportation: a. Both parents shall insure that the children use appropriate seat belts 6 when being transported in vehicles by that parent or others. b. Father shall not transport the children on the back of his motorcycle. 7. Extracurricular Activities: a. The parents shall organize ways for their children to maintain their friendships, extracurricular activities, and other special interests, regardless of which household in which they reside. b. Each parent shall provide the other with at least seventy-two (72) hours advance notice of school or other activities and two weeks' or greater advance notice whenever possible. C. Both parents shall honor and be supportive of the extracurricular activities in which the children wish to engage. d. Each parent shall confer with the other before arranging regularly occurring extracurricular activities for their children which might interfere with regular visitation. C. During the times that the parents have physical custodial responsibilities of their children, each parent will make certain that the children attends their extracurricular activities and transport the children on time to and from games, practices and any activities that are scheduled so that they are able to participate in those events. 8. Children's Property: Toys, clothes, etc. shall not become matters of contention between the parents as these generally are the children's property, not the parents', entitling the toys or clothes to be taken by the children and back with the children, as reasonably appropriate. 9. Family Gatherings: The parents shall permit and support their children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with routine visitations resuming immediately thereafter. 10. Safety: a. The parents shall enroll their children in a school-based or other program to educate and empower their children to protect themselves from sexual abuse and exploitation and victimization. b. Both parents shall carefully read "7 Steps to Protecting Our Children"and "Preventing Children from Encountering Dangers Online" at www.darknf s2light.com and provide a notarized statement to the other parent that they have read it, within 30 days of the date of this Order. 7 C. The parents shall implement guidelines and monitor the children's appropriate internet online behavior. The parents and any other adults supervising the children shall read The American Academy brochure on internet use and families at: hqp://safeiynet.agp.or /� intemet.pdf, and Microsoft's Safety and Security Center at: hn://www.microsoft.com/security/family-safety/default.Wx#Internet-use. Both of these resources appropriate give guidelines based on the child's age. 11. Illegal Drugs. Tobacco and Alcohol: a. The parents shall not possess or use any illegal controlled substances, nor shall they consume.alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The parents shall likewise assure that other household members and/or house guests comply with this prohibition. b. If a party shows up for a visit under the influence of alcohol or drugs or smoking, the visit may be considered forfeited on those grounds alone. 12. Electronic Contact: a. Each parent shall be entitled to reasonable (not excessive) phone calls, e-mails and/or text messaging contact with their children when in the custody of the other parent. Both parents shall establish an e-mail address for themselves and their children for e-mail communication or Skype between the parents for communication with their children. b. Each parent shall send an e-mail once a week to update the other parent about their observations of the children's emotional, mental, physical status and/or developmental milestones. 13. Relocation: a. Both parents are always encouraged to relocate closer to each other's residence. b. The parent proposing relocation must notify all parties in accordance with 23 Pa. C.S. §5337 as set forth in Exhibit A attached to this Order. C. No parent may relocate their residence unless the other parent consents in writing or the Court approves the proposed relocation. 14. Shared Parenting Education: The parents shall keep themselves updated on shared parenting techniques, including reading on June ? of each year: 8 9 AFCC,s "Planning for Shared Parenting -- A Guide for Parents Living Apart" which can be found at: hn://www daohincoLi org/court-departments/ofixces- departments/court-of-common-pleas/practices-iudge-tur eg on/. • CreativeWithKids.com — 11100 Ways to be Kind to your Child" which can be found at: http•//creativewithkids com/100-ways-to-be-kind-to-your-child/. Each parent shall provide a notarized statement to the other parent that they have read it within 30 days of June V every year. (Free internet is available on the computers at any Dauphin County Library.) 15. Counseling: a. Father shall enroll in Fatherhood class to increase his parental skills in interacting with his sons, within 30 days, and provide certificate of completion to the Court within 120 days b. Co-Parentin g C ounselin : The parents shall enroll in co-parenting counseling, as needed, to co-parent their children in accordance with this order. C. Father shall attend at least every other appointment with Damian and Dr. Sumbatian at Holy Spirit Hospital and abide by the doctor's prescription and counseling protocol. If Father wishes to have a second opinion, he shall be responsible for scheduling an appointment with another reputable child psychologist at a time mutually convenient for all parties. lb. Modifications or Dilutes about this Order: a. The terms of this Parenting Plan may be modified by mutual agreement of both parents which is best memorialized if placed in writing and signed by both parents, when such modifications are in the best interests of the children. b. Both parents shall use their best efforts to engage in joint decision- making with respect to the children. C. In the event the parents are unable to reach an agreement, they shall exchange written proposals, including appropriate explanations of their positions, after which they shall meet and discuss their modification proposals in person, if necessary, to reach a decision in the best interest of their children. d. Seminar for Families in Conflict: If the parents cannot agree, upon the written request of one parent, both parents and their paramour or other adults who have a significant relationship with their children, shall again attend the next scheduled Seminar for Families in Conflict in Dauphin County or similar four-hour separated parent educational seminar in their home jurisdiction. 9 e. Mediation: Any proposed changes to this Order which cannot be agreed upon, or any disputes about the interpretation or practical application of this Order and any alleged breaches of this Order shall, prior to engaging in litigation, first be attempted to be resolved through mediation with a trained mediator, the cost to be shared equally by the parents. Free mediation is available for pro se litigants through Neighborhood Dispute Settlement(NDS at 233-8255). If a party is represented by a Pro Bono Attorney they are eligible to request fee mediation through the Dauphin County Bar Association Civil Dispute Resolution Program. 17. Contemt?t: a. Certain rules of conduct set forth in this Court Order are included in most custody matters. They are binding on both parties as are all other provisions. b. If a parent does not follow any provision in this Order, that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months' incarceration, and could constitute grounds for modification of the legal and physical custody provisions in this Order. BY THE COURT: Jea , J ul Distribution: Matt Hartman,Sr. 54 Dawn Rd.Lot 16 q Halifax,PA 17032 AU-G 11 2013 Stephanie Brennan hBCe6y C0 �Tt the Q p, 0 nI 9 E. Beale Avenue tr1U0 M0 t'0rrbct:c0py:of thO Odgina! Enola, PA 17025 filed. �rtat try" 10 EXHIBIT A REQUIREMENTS REGARDING RELOCATION OF RESIDENCE A relocation is a move or change of residence that will significantly impair the ability of the non- relocating party to easily exercise periods of custody. You cannot relocate with the child(ren) without following these procedures. If you are contemplating such a move, you are strongly urged to seek the advice of an attorney to make sure that you are following the procedures. You are not permitted to relocate your residence without either: • The consent of every individual who has custody rights to the child(ren)to the proposed relocation. OR • The court approves the proposed relocation. NOTICE 1. The party proposing the relocation must notify every other party who has custody rights to the child(ren) of the proposed move by certified mail, return receipt requested. You should complete the attached "Notice of Proposed Relocation to Be Completed by Party Intending to Relocate" and send the notice to all other parties by certified mail, return receipt requested. 2. Notice must be given 60 days before the date of the proposed relocation OR 10 days after the date that the party knows about the relocation only if the individual did not know and could not have reasonably known about the relocation in time to comply with the 60 days notice or it is not reasonably possible to delay the date of relocation to comply with the 60 day notice. 3. You must include with this mailing the attached "Counter-Affidavit Regarding Relocation." The other parties must complete this form to indicate their position with regard to the proposed move. WHAT DO(ES) THE OTHER PARTY(IES) DO WHEN THEY RECEIVE THE NOTICE AND COUNTER-AFFIDAVIT? 1. If you receive a notice and a counter-affidavit, you must complete the counter-affidavit and file with the Prothonotary's Office this completed counter-affidavit within 30 days from the day you receive the notice and counter-affidavit. If you fail to file this counter- affidavit within the 30 days, you will be foreclosed from objecting to the relocation. 2. If the counter-affidavit is timely filed and the party objects to the proposed relocation or objects to the proposed modification of the custody order, a hearing will be held. 3. You must serve the other party with the Counter-Affidavit by certified mail, return receipt requested. 4. If notice of the proposed relocation has been properly given and no objection to the proposed relocation has been filed with the Prothonotary, then it will be presumed that the nonrelocating party has consented to the proposed relocation. 5. If a party who has been given proper notice does not file with the court an objection to the relocation within 30 days after receipt of the notice but later petitions the court for review of the custodial arrangements, the court shall not accept testimony challenging the relocation. WHAT DO I DO IF NO OBJECTION TO THE PROPOSED RELOCATION IS FILED? The party proposing relocation shall file the following with the Prothonotary prior to relocation: 1. An affidavit stating that the party provided notice to every individual entitled to notice, the time to file an objection to the proposed relocation has passed and no individual entitled to receive notice has filed an objection to the proposed relocation. 2. Proof that proper notice was given in the form of a return receipt with the signature of the addressee and a copy of the full notice that was sent to the addressee. 3. A petition to confirm the relocation and modify any existing custody order, and 4. A proposed order containing the information in the notice. WHAT DO I DO IF A COUNTER-AFFIDAVIT IF FILED WITH THE PROTHONOTARY THAT INDICATES THERE IS NO OBJECTION TO THE PROPOSED RELOCATION AND NO OBJECTION TO THE MODIFICATION OF THE CUSTODY ORDER CONSISTENT WITH THE PROPOSAL FOR A REVISED CUSTODY SCHEDULE? • The court may modify the existing custody order by approving the proposal for a revised custody schedule submitted with the Notice. You should submit a proposed order with distribution and attach a copy of the notice and the courter-affidavit. WHAT DO I DO IF A COUNTER-AFFIDAVIT IS FILED WITH THE PROTHONOTARY WHICH INDICATES THAT THE NONRELOCATING PARTY OBJECTS EITHER TO THE PROPOSED RELOCATION OR TO THE MODIFICATION OF THE CUSTODY ORDER? You should file a motion for a hearing with the Prothonotary's Office. The matter will be assigned to a judge for the scheduling of a hearing and disposition. : IN THE COURT OF COMMON PLEAS OF Plaintiff DAUPHIN COUNTY, PENNSYLVANIA V. NO. CV CU CIVIL ACTION Defendant IN CUSTODY NOTICE OF PROPOSED RELOCATION TO BE COMPLETED BY PARTY INTENDING TO RELOCATE I , parent of intend to move on and answer the following questions as follows: 1. What is the address of the intended new residence? 2. What is the mailing address of the intended new residence? 3. What are the name(s) and age(s) of all individual(s) who will be living at this new residence? 4. What is the home telephone number of the intended new residence? ( )- 5. What is the name of the new school and the new school district? 6.What is the date of the proposed relocation? 7. What are the reasons for the proposed relocation? 8. How do you propose to change the custody schedule that is currently in effect? 9. Is there any other information that is relevant to the proposed relocation? 10. 1 have included a counter-affidavit that you can use to object to the proposed relocation. WARNING TO NON-RELOCATING PARTY IF YOU WANT TO OBJECT TO THE PROPOSED RELOCATION, YOU MUST FILE THIS 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. 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 Signature Print Name Address Telephone Number IN THE COURT OF COMMON PLEAS OF Plaintiff DAUPHIN COUNTY, PENNSYLVANIA V. NO. CV CU CIVIL ACTION Defendant IN CUSTODY COUNTER-AFFIDAVIT REGARDING RELOCATION The party objecting to the Notice of Relocation must file this document with the Prothonotary's Office within thirty (30) days of receipt of the Notice of Proposed Relocation. 1, file this counter-affidavit regarding the proposed relocation. I received the Notice of Proposed Relocation on 1.What are the names and ages of the child(ren) affected by the proposed relocation? 2. Where does this/do these children)currently reside? Check one of the following boxes: ❑ 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 this notice. ❑ 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. I request that a hearing be scheduled: ❑ a. Prior to allowing the children)to relocate. ❑ b. After the children) relocate. ❑ I do object to the relocation and I do object to the modification of the custody order, and I request that a hearing be held on both matters prior to the relocation taking place. I understand that I must 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 un8worn falsification to authorities). Date Signature Print Name Address Telephone Number