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HomeMy WebLinkAbout04-6532RICKY E. HIPPENSTEEL, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW 2004 - CIVIL TERM TONYA L. HIPPENSTEEL, Defendant : IN CUSTODY COMPLAINT IN CUSTODY AND NOW, comes the Plaintiff, Ricky E. Hippensteel, Jr., by and through his attorneys, Irwin & McKnight, and files this Complaint in Custody against the Defendant, Tonya L. Hippensteel, representing as follows: 1. The Plaintiff is Ricky E. Hippensteel, Jr., an adult individual residing at 447 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241 (hereinafter "Father") 2. The Defendant is Tonya L. Hippensteel, an adult individual of Cumberland County, Pennsylvania, who upon information and belief is currently residing at 323 Brick Church Road, Newville, Cumberland County, Pennsylvania 17241 (hereinafter "Mother"). 3. The parties are the natural parents of two (2) children, named Olivia L. Hippensteel, born March 27, 1998, age 6 years, and Levi C. Hippensteel, born November 22, 2000, age 4 years. 4. From November 2003 until the date of this Compliant, namely December 29, 2004, the minor children resided with the parties at the marital residence located at 447 Steelstown Road, Newville. 5. Prior to November 2003, the minor children resided with the parties at 454 Crossroad School Road, Carlisle, Cumberland County. 6. On the date of this Complaint, namely December 29, 2004, Mother attempted to remove all personal property from the marital residence of the parties, including the clothing, furniture, toys and belongings of the minor children. 7. Mother did not advise Father in advance of her plans, but instead led Father to believe that she was going to her place of employment. 8. Father became aware of a U-Haul truck parked at his home, and left his employment to return home and also contacted the Pennsylvania State Police. 9. Father discovered Mother had the U-Haul truck at the marital residence and was removing the personal property from the home. 10. Mother was permitted by the Pennsylvania State Police to remove the personal property already loaded in the moving truck, including most of the clothing, furniture, toys and belongings of the minor children. 11. Mother then attempted to remove both minor children from their babysitter's home, but did not have necessary car seats for the children. 12. Mother intentionally attempted to deceive Father and thereby gain custody of both children and remove the personal property from the parties' home. 13. Mother currently has custody of the parties' minor daughter, and Father currently has custody of the parties' minor son. 14. Father desires primary physical custody and joint legal custody of the minor children, and the return of a proportional amount of the clothing, furniture, toys and belongings of the minor children. 15. The best interests and permanent welfare of the minor children requires that the Court grant the Father's request as set forth above. 16. Father has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 2 17. 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. WHEREFORE, the Plaintiff, Ricky E. Hippensteel, respectfully requests that he be awarded primary physical custody and joint legal custody of Olivia L. Hippensteel and Levi C. Hippensteel, as provided herein. Respectfully submitted, IRWIN & McKNIGHT sy: ~. ~~ti~ Douglas . NLller, Esquire Supreme Court I. D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff Dated: December 29, 2004 3 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~~~c ~ ,~T ~-~~z~CGPj`i- ~ L~ ~~ RICKY E. HIPPENSTEEL, JR. Date: 11,2,2 / ~ CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: TONYA L. HIPPENSTEEL 323 BRICK CHURCH ROAD NEWVILLE, PA 17241 Date: December 29, 2004 RWIN & McKNIGHT ~C~~O~ ~ /~~~, Dougla.~G.1V111er, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 7-- o r:= u~ ~._: w {,-? M c ~ --- ~.~ s: ~- r_~ ~_~ c~ ~_ ~' ~_~ ~~ `-`- z G~ ~-- N _, ~ ~ ~ _: ~. s -~ v ~ Q- 6~E6 0 7 2D05 RICKY E. HIPPENSTEEL, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V, : NO.2004-6532 CIVIL TERM CIVIL ACTION -LAW TONYA L. HIPPENSTEEL, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~~ day of ~..(rwM , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated January 19, 2005 at Docket No. 04-6507 is hereby vacated. 2. The Father, Ricky E. Hippensteel, Jr. and the Mother, Tonya L. Hippensteel, shall have shared legal custody of Olivia L. Hippensteel, bom March 27, 1998 and Levi C. Hippensteel, bom November 21, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. Father and Mother shall have shared physical. custody of the children on a week on/week off basis, except the non-custodial parent shall have physical custody of the children on alternating Wednesdays overnight. The exchange day for the week on/week off arrangement shall be Mondays. Mother shall begin her week on Monday, February 7, 2005. The location of the exchange shall be at the children's respective babysitter's homes. 4. The non-custodial parent may call the children every evening at 7:30 p.m. 5. The parties shall cooperate with a custody evaluation to be paid for by Father, except that he reserves the right to ask the Court to apportion the cost of the evaluation. Counsel for the parties shall agree as to which evaluator will be utilized. Once the evaluator is selected, Father shall arrange to pay the retainer within ten days. 6. Within thirty days of this Order, the parties shall attend Dauphin County's program for separating parents or a comparable program. 7. Neither party shall do or say anything or permit a third party to do or say anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natwral development of the Children's love and respect for the other parent. 8. Neither party may drink to the point of intoxication or use illegal drugs immediately prior to or during their periods of physical custody. 9. The parties shall keep each other advised irrvmediately relative to any emergencies, medical or otherwise, concerning the children and shall, further, take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the children. 10. This Order has been 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 teams of this Order shall control. Either party may request another conciliation conference once the custody evaluation is complete. cc:~uglas G. Miller, Esquire -Counsel for Michael A. Scherer, Esquire, Counsel for Mother V ,~,,, , ; ,~` OR-09 -~5 FEB 0 Z 7(lfl~ C" RICKY E. HIPPENSTEEL, JR., Plaintiff V. TONYA L. HIPPENSTEEL, Defendant PRIOR JUDGE: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-6532 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Olivia L. Hippensteel March 27, 1998 shared Levi C. Hippensteel November 21, 2000 shared 2. A Conciliation Conference was held in this matter on February 3, 2005. Father, Ricky E. Hippensteel, Jr., was present with counsel, Douglas G. Miller, Esquire, and Mother, Tonya L. Hippensteel, was present with counsel, Michael A. Scherer, Esquire. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated January 19, 2005 at Docket No. 04-6507. 4. The parties agreed to an Order in the form attached. oZ-7 ~ S -.-.o r "` ~~~~Si Date acq line M. Verney, Esquire Custody Conciliator JAN 2 0 200 ~t \ r RICKY E. HIPPENSTEEL, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2004-6532 CIVIL TERM CIVIL ACTION -LAW TONYA L. HIPPENSTEEL, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 20 ' day of ~ , 2006, upon consideration of the attached Custody Concili tion R ort, it is ordered and directed as follows: 1. The prior Order of Court dated February 8, 2005 shall remain in full force and effect with the following modifications. 2. Holiday schedule: A. Mother's Day/Father's Day: In the event that Mother's Day or Father's Day does not fall during the respective parents' week on/week off schedule, Mother or Father shall begin their week of physical custody on the Sunday of Mother's Day or Father's Day at 9:00 a.m. B. Easter: Easter shall be shared such that the parent whose week is to begin on the Monday afrer Easter shall have physical custody of the children beginning at 3:00 p.m. on Easter Sunday. C. Thanksgiving: Father shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody of the children from 3:00 p.m, to 9:00 p.m. D. Christmas shall be divided into two Blocks. Block A shall be from 3:00 p.m. Christmas Eve to 3:00 p.m. Christmas Day. Block B shall be from 3:00 p.m. Christmas Day to 3:00 p.m. December 26. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. E. New Year's: New Year's shall divided into two Blocks. Block A shall be from New Year's Eve at 3:00 p.m. to New Year's Day at 3:00 p.m. and Block B shall be from New Year's Day at 3:00 p.m. to January 2 at 3:00 p.m. Father shall have Block A in even numbered years and Block B in odd numbered years and Mother shall have Block A in odd numbered years and Block B in even years. 3. Summer Vacation: Each parent shall be entitled to two non-consecutive uninterrupted weeks in the summer to coincide with their week oniweek off schedule. The parties must give each other 30 days prior notice of exercising this provision and if leaving the area must provide a telephone number and location where the children may be reached. 4. In the event that either party leaves the state overnight, they shall advise the other party of the location. 5. Telephone contact shall be between 7:00 p.m. and 7:30 p.m. 6. The parties shall cooperate and participate with communication counseling as soon as practicable. 7. This Order has been 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. A telephone conference with counsel is scheduled for Thursday, April 20, 2006 at 9:30 a.m. J. c¢;,nouglas G. Miller, Esquire -Counsel for Father manna Herman-Snyder, Esquire, Counsel for Mother i!o~' ~~ o~. BY THE COURT. ,,.,, r i ~ .. r r ., ~~,, ~_ ~ 1 : ~ , ~ ~"'''L ~~ ~i,_I ,SAN 2 D ~u©~,~ RICKY E. HIPPENSTEEL, JR, Plaintiff V. TONYA L. HIPPENSTEEL, Defendant PRIOR JUDGE: Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-6532 CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Olivia L. Hippensteel March 27, 1998 shared Levi C. Hippensteel November 21, 2000 shared 2. A Conciliation Conference was held in this matter on January 19, 2006. Father, Ricky E. Hippensteel, Jr., was present with counsel, Douglas G. Miller, Esquire, and Mother, Tonya L. Hippensteel, was present with counsel, Hanna Herman-Snyder, Esquire. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated Februazy 8, 2005 providing for shared legal and shared physical custody and a custody evaluation. The parties agreed to an Order in the form attached. Date e ~~~ ~ , ~,t/4'',2-e~ , Jacq line M. Verney, Esquire Custody Conciliator TONYA L. HIPPENSTEEL, Elaintiff ~ v. RICKEY E. HIPPENSTEEL, TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF THE 9"~ JUDICIAL DISTRICT OF PENNSYLVANIA, CUMBERLAND COUNTY NO. ~y. L 3L IN CUSTODY 7~ef+ Please withdraw my appearance as attorney in the above-mention action for tha p~==, TONYA L. HIPPENSTEEL, per her request. Respectfully submitted, Date: 1 ~ 1 ~ ~ V 11c~.. ,. n k °i] I1n pp,n -s1 rcu IJ~ Hannah Herman -Snyder Crriffie and Associates Attorney ID # q 15 3 l 200 N. Hanover Street Cazlisle, PA 17013 (717) 243-5551 TO THE PROTHONOTARY: Please enter my appearance as attorney in the above-mention action for the off, ~~ TONYA L. HIPPENSTEEL, per her request. Respectfully submitted, W Z & WALZ, ATTORNEYS AT LAW, P.C. ,/ Date: ~a d ~,~ - Ju ' i T. Walz mey ID #06349 341 Mazket Street Newport, Pennsylvania 17074 (717)567-6993 RICKEY E. HIPPENSTEEL, JR., Plaintif f/Petitioner v. TONYA L. HIPPENSTEEL, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 6532 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, this ~~ ay of July 2006, comes the Plaintiff/Petitioner Ricke E. y Hippensteel, Jr., by and through his attorneys, Irwin & McKnight, and pursuant to Rule 1915.4(e) makes the following Petition for Special Relief against the Defendant/Respondent, Tonya L. Hippensteel, averring as follows: 1. Petitioner is Rickey E. Hippensteel, Jr., an adult individual who resides at 447 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241, the marital residence of the parties. 2. Respondent is Tonya L. Hippensteel, an adult individual who currently resides in Landisburg, Perry County, Pennsylvania. 3. Petitioner and Respondent are husband and wife, having been married on July 17, 1999. 4. Petitioner and Respondent are the natural parents of Olivia L. Hippensteel, born March 27, 1998, and Levi C. Hippensteel, born November 21, 2000. 5. A custody order was entered on February 8, 2005, pursuant to an agreement of the parties for shared legal custody and shared physical custody of the children on a week on week off basis. 6. The Order of Court entered February 8, 2005, also contemplated that a custody evaluation would be performed. 7. On or about October 20, 2005, Dr. Stanley E. Schneider provided the parties and their legal counsel his completed custody evaluation and recommended that the current alternating weekly schedule remain in effect. A true and correct copy of Dr. Schneider's report dated October 20, 2005, is attached hereto and incorporated herein as Exhibit "A." 8. Prior to the completion of the custody evaluation, Respondent moved from her temporary residence in her mother's home in Newville, Cumberland County, to Landisburg, Perry County, in order to live with her paramour. 9. The evaluation report reflects that Respondent would continue to maintain the parties' daughter in her current elementary school in Newville even if she was the primary physical custodian, despite Respondent's relocation out of the Big Spring School District. 10. The parties' daughter, Olivia, has in fact attended Newville Elementary School from kindergarten to the present. 11. Olivia is presently enrolled at Newville Elementary School for the 2006-07 school year where she will be entering 4~' grade. 12. The parties' son, Levi, has also been enrolled for kindergarten at the Newville Elementary School for the 2006-07 school year. 2 13. To date, Respondent has not filed for any approval from this Court to enroll either of the parties' children in another school district. 14. The parties most recently had a conciliation on January 19, 2006, resulting in an Order of Court dated January 20, 2006, primarily addressing the issues of holidays, summer vacation, and telephone contact by the non-custodial pazent. 15. At no time during said conference did Respondent raise the issue of attempting to enroll either of the parties' children in another school district. 16. Upon information and belief, however, Respondent has unilaterally decided to enroll their son in the West Perry School District. It is unknown at this time whether Respondent has also attempted to enroll their daughter at the West Perry School District. 17. Olivia has expressed her desire to remain at Newville Elementazy. It would be extremely difficult for Olivia to be sepazated from her friends and school at this point in time. 18. Levi has expressed his desire to attend Newville Elementazy School along with his sister, as well as many of his other relatives and friends. 19. Respondent travels to Cumberland County on a daily basis for her employment in Carlisle and continues to be able to drop off and pick up Levi and Olivia for school on her alternating week of custody. 20. In order to further hazass and fiustrate Petitioner, Respondent has refused to permit enrollment of Levi in extracurricular activities in Cumberland County, specifically flag football. 3 21. Respondent has also filed or caused to be filed at least two (2) complaints against Petitioner with various county Children & Youth Services offices, both of which have resulted in findings of being unfounded. 22. Respondent's attempts to unilaterally change the school district of the parties' children are upon information and belief part of her continuing attempts to undermine the prior agreements, Orders of Court, and custody evaluation maintaining the shared physical custody arrangement. 23. The best interests and permanent welfare of the minor children requires that the Court grant the Petitioner's special relief requests as set forth herein. WHEREFORE, the Petitioner, Rickey E. Hippensteel, Jr., respectfully requests this Honorable Court to enter an Order indicating that both Olivia Hippensteel and Levi Hippensteel, shall attend the Newville Elementary School. Petitioner further requests that Respondent be required to provide the transportation for the children to and from school during her weeks of custody. Respectfully submitted, IRWIN & McI~NIGHT By: Douglas .Miller, Esquire Supreme Court I.D. No: 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Attorney for Plaintiff /Petitioner Date: July 31, 2006 4 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. RIC E. HIP NSTEEL, JR. Date: July 31, 2006 EXIiIBIT `A' GUIDANCE ASSOCIATES OF PENNSYLVANIA 412 Erford Road, Camp Hill, PA 17011 (717) 732-2917; FAX: (717) 732-5375 Stanley E. Schneider, Ed.D. 20 Briarcrest Square, Suite 205, Hersfiey, PA 17033 (717) 533-4312 Director October 20, 2005 Michael A. Scherer, Esq. O'Brien, Baric & Scherer 19 W. South Street Carlisle, PA 17013 Douglas G. Miller, Esq. Irwin & McKnight 60 W. Pomfret St. Carlisle, PA 17013 RE: Hippensteel v. Hippensteel Cumberland County Court of Common Pleas No. 2004-6532 -Civil Term Civil Action -Law In Custody Dear Attorneys: ~~~~oti~0 ~~~;,z., ~~ I am sending my findings and recommendations regarding custody of Olivia, age 7 and Levi, age 4. I met and interviewed each of the parents and observed their interaction with the children. Each of the parents completed custody-related instruments andlor questionnaires. These included a Life History Questionnaire, a Parent Self Report Data Form, and a Child Management Questionnaire. Additionally, each completed a personality inventory, the Minnesota Multiphasic Personality Inventory-2. Tonya Hippensteel was interviewed on Apri16, Apri126, May 24, and September 15, 2005. In addition, I received a telephone message from her in June 2005 plus correspondence to her attorney the same month. She sent Dr. Schneider (via fax) additional correspondence. Rickey was interviewed on March 15. On that occasion, he also completed a Drug and Alcohol Assessment. He was seen subsequently on June 18 and August 17, 2005. I spoke with him by phone on August 8, 2005 and October 20, 2005. Hippensteel v. Hippensteel The children were seen with their father on April 12, 2005. On that occasion, I observed Rickey interacting in a play session with both children. Olivia separated without difficulty and was interviewed. However, Levi was unwilling to separate. He presented as a very insecure and anxious youngster. On May 25, 2005, the children were seen with their mother. Olivia completed a number of custody-related instruments. Consistent with his behavior in April, Levi would not leave his mother's side and was therefore not interviewed. I spoke with Deb Snelson, M.S., Tonya's therapist, on 9/30/05. I had a phone conversation with the maternal grandmother, Charlotte Fisher, on September 13, 2005 and met with the paternal grandmother, Gwen Hippensteel, on 10/12/05. I spoke with Autumn Alleman, Director of Levi's Day Care Program, on 10/20/05. Additional Information: Pleadings • 12/28/04 Tonya's Divorce/Custody Complaint • 12/29/04 Rickey's Custody Complaint • O1/OS/OS Tonya's Petition for Special Relief • O1/OS/OS Court Order • 01/13/05 Rickey's Answer to Petition for Special Relief • 01 / 19/05 Petition for Special Relief -Court Order -this resulted in primary custody with mom, and a partial schedule with father. • 02/07/05 Custody Conciliation Summary Report • 02/08/05 Stipulated Agreement of the Parties and Court Order. This established shared legal custody and alternating weeks with Wednesday overnights with the non-custodial parents, nightly telephone calls at 7:30, and and Order that both parents attend the Dauphin County Program for Separating Parents. Attorney Correspondence • 02/25/05 Letter from Attorney Miller • 03/02/05 Letter from Attorney Miller with enclosures • 03/16/05 Fax from Attorney Miller • 07/19/05 Letter from Attorney Scherer • 08/23/05 Dr. Schneider Letter to both attorneys Hippensteel v. Hippensteel Letters in Support of Rickey -- Received from Melissa Rakers, Mike Henry, Reverend Paul Frye, Gwen Hippensteel, Mary Stum, Pat Kohler, Paul D. McNew, Jr., Heather Kyner. Statements included note that the children are always, "happy to see their father...Rickey does more than ever with the children...he is hard- working, puts his family first...may become sullen and rebellious and begging to stay with their father...he is a loving father... yes (he) drank, but he is a good, loving, caring, and giving father...." Three letters were received from persons who witnessed Rickey in a state of intoxication in the summer/fall of 2004. . Letters in Support of Tonya • -- Received from family, friends, coworkers, Olivia's kindergarten and first grade teacher and babysitter. These include: Kirk E. Mentch (2), Kristy Failor, Maryann Sedleck, RN, Charlotte M. Fisher, Selena DiPaolo, MSN, CRNP, Wendy Armold (2), the Reverend Kathryn Z. Johnston, Jeffrey D. Sedlack, MD. These comments indicate that, "Tonya outgrew Rickey...leaving children in the hands of a man that drinks to excess and who believes it appropriate to take a 4-year-old deer hunting and who is verbally and emotionally abusive, demonstrates an astonishing lack of common sense...." Tonya is identified as the parent who drops and picks the children up. She has served as a room parent, attended all school conferences, and is described as "engaging in astonishing personal growth, is seen as competent, involved, putting the children before herself, a committed parent, responsible, exceptional person, outgoing, pleasant, and professional...." Hippensteel v. Hippensteel Background Information • 03/10/03 Pre-employment controlled substance results for Rickey • 04/28/03 Pennsylvania Child Abuse History Clearance (ChildLine)---Act 34 • 09/02/03 Criminal Record Check for Rickey • 02/06/04 Alcohol testing form (random) for Rickey • OS/11/OS Record of Olivia's attendance of dance class. • -- Olivia's first grade report card (first three marking periods) that notes Olivia has accomplished characteristics of successful learners in following directions, cooperating with others, working independently, assuming responsibility and showing self-control. • -- Graham Medical Clinic, PC -medical records for Olivia 02/02-02/05 • -- . Levi infancy - 03/05. Levi has a long history of respiratory ailments. He was diagnosed with pneumonia on March 2005. • May OS Emails between Tonya and Ms. Arnold, Olivia's former teacher • May OS Harassment charge regarding Rickey (disposition unknown) • May OS Tonya's reasons for wanting full custody (6 pages) • 06/02/05 Carlisle Regional Medical letter discharge instructions with a note • including a referenced capitalized, "DON'T SMOKE!" • 09/14/05 Daycare daily report for Levi • 09/30/05 Telephone contact with Deb Snelson, M.A., Psychologist Tonya's Issues and Concerns Tonya currently works as an office administrator from 8:00 am to 4:30 pm, Monday through Friday. She most recently moved in with her significant other, Kirk. Neither Rickey nor Kirk know one another. At no time during the course of my data collection did anyone express any concerns about Kirk's role as a functional stepparent. He, as well as Heather, Rickey's significant other, were not seen as part of this evaluation, as no one expressed concern about either of their relationships with, or behaviors toward, the children. Tonya's major concern relates to Rickey's abuse of alcohol, her belief that he negatively influences the children, undermining her role as their parent. She describes the children returning to her after their week with their father as disrespectful, sassy, mouthy, tired, and cranky. She also believes that Rickey tells the children not to respect her and he has taught Levi, in particular, to use profanity. Tonya supplied confirmation of Rickey appearing to be intoxicated. This is in addition to letters from three persons who apparently witnessed his state of intoxication. Hippensteel v. Hippensteel Tonya and Rickey met in the eighth grade. They had been together until the sepazation in 2004. She describes her efforts to become involved with other people as unsuccessful, related to Rickey being very possessive. Tonya supported him academically, and from her description, helped him to the point where he successfully graduated high school in 1997. She described doing his homework and helping him prepaze for quizzes, exams, and tests. She became pregnant in the summer of 1997 with Olivia, who was born in March 1998. The couple married in July 1999. She was living with her mother until February 1998, one month before Olivia's birth. She and Rickey then moved to a rented trailer. Rickey's extended family was close by. They remained there until October 2003, when they bought their current home. She left him in the winter of 2004. On that occasion, the events surrounding the parents' separation resulted in Olivia remaining essentially with her mother and Levi with his father. In addition to his drinking, she cites Rickey's historical uninvolvement as a parent. She apparently intended to divorce Rickey, and in 2003 filed divorce papers, but indicated she did nothing with them. Even if Rickey were to stop his drinking, she noted other concerns. She believes that Rickey smokes in front of Levi who has chronic respiratory issues. She also believes that Rickey defers to his mother who reportedly also smokes. She does not see Rickey as supporting Olivia's involvement in her activities, especially dance lessons, and provided some evidence that she has missed some dance lesson time on Rickey's weeks. Tonya was well-balanced in her presentation. It is clear that she has the children's best interests at heazt. She has been monitoring the children's adjustments to the parental separation and continuing conflict and has been in touch with the classroom teacher and guidance counselor to the point where neither indicated any concerns about Olivia's adjustment. Tonya presents herself historically as the primary parent. She indicates she was the person who took the children to their doctors' appointments, picked them up, dropped them off, at daycare, dance lessons, and the like. She describes Rickey as being uninvolved. She sees Rickey as an unfit father, once again relating it to his abuse of alcohol, not being the current primary cazetaker, and being unresponsive to Levi's medical condition. She does not see Rickey as a responsible nor responsive parent. It is unclear in my review of the Stipulated Agreement and resultant Court Order, exactly why she agreed to alternating weeks. Tonya relocated to Landisburg. If she were the primary physical custodian, she indicated that she would maintain Olivia in her current school in Newville. This results in a 25-30 minute travel time between Tonya's home and Olivia's school. Tonya drops Levi at preschool and Oliva at a babysitter, where Olivia picks up the bus for her school on Tonya's weeks. Tonya recently noted that Olivia continues dance lessons, which now occur on Mondays. She notes that Hippensteel v. Hippensteel Rickey did not take Olivia to her first dance lesson. In a subsequent letter, Tonya notes that Rickey did not take Olivia to a number of dance lessons which began in September 2005. Tonya's background reflects that her father was not around much when she was little. Her pazents separated when Tonya was about age 16-17. Tonya has not been close with her father over the yeazs. She remains very close with her mother and grandparents. Tonya notes that her father would drink beer, sometimes in excess, but does not identify any negative impact on her own growth and development from her father's distance and/or behaviors. Tonya identifies her mother as loving, kind, supportive, and involved. There is no evidence of any abuse or neglect in her background. She appears to have good attachments to her mother and has developed a strong work ethic and good value system. She is admired and respected by her current employer. Regarding custody, she continues to express concern about Rickey's abuse of alcohol. She believes that the current custody arrangement would work more smoothly if Rickey would accept the divorce and the fact that she is not returning to him, be respectful toward her, and not negatively influence the children. She would also like Rickey to let the kids buy the toys they want, weaz the clothes they want, and be attentive to Levi's medical needs and Olivia's activities and not smoke around the children. She wants primary physical custody. Tonya's child management techniques are appropriate, relevant, and effective. Results of her personality inventory reflected an appropriate balance of self-protection and self- disclosure. There is a mild elevation suggesting that she wanted to present a favorable response. This is consistent with parents involved in custody litigation. There are no elevations in her clinical scales. She is currently in therapy with Debra Snelson, MA. Ms. Snelson is working with Tonya on assisting her in dealing with the current custody situation and becoming a more effective pazent in dealing with the children's behaviors, statements, and response patterns when they return from their father. Ms. Snelson has not identified any concerns about Tonya's emotional state or personality traits or characteristics that were in any way impaired. On the contrary, she sees Tonya doing whatever it takes to help the children. Tonya's personality inventory reflects her to be a very responsible and responsive person. She has adequate ego strength to deal with the stresses and demands of parenting. She may become easily irritated, but this appears within the context of her continuing struggle with Rickey. None of the collateral information reflects Tonya to have any issues regarding any of her child management practices. She appears to have bonded very successfully with the children, and they with her. Hippensteel v. Hippensteel Rickey's Issues and Concerns Rickey currently remains in the marital home. He changed jobs and is currently working for Pennsy Supply, leaving the house predawn and returning late afternoon. Rickey admits that his mother is his major support person in helping raise the kids. Rickey states that he likes the current alternating weekly arrangement. He notes that the children tell him that they want to live with him in their own home and see their mother when they wish to. As noted, Rickey expressed no concerns about Kirk's relationship with or behavior toward the children. He seemed to have an issue about Tonya being involved with another man, unrelated to parenting. Rickey is awaze of Tonya's concern about the maternal grandmother being the primary babysitter. However, he sees his mother as fully capable of providing the support, care and assistance to him and the children. Ricky notes that he has been in contact with Olivia's schoolteacher. He admits. historically deferring to Tonya for Levi's medical needs. He describes Levi as "in my hip pocket," reflecting a very close father-son relationship. He describes picking the children up after his work if they aze at the babysitter's. Rickey's rendition of the background information is consistent with Tonya's. However, he noted that, "she messed around on me in 1997." He denies being what she says he is regazding his drinking, but does admit to having a DUI a number of yeazs ago. He admits to stopping at the VFW in Newville, but this occurs during weeks that he does not have the children. He denies misusing or abusing alcohol and states in a 7-day period he will only consume 4 beers. This is inconsistent with witness statements. At other times, he states he does not drink when he has the children. Asked what concerns Tonya may have about him as a parent, he cannot identify any. He also notes that he has been identified as a designated driver, and denies drinking to get drunk. His attorney provided evidence of random drug and alcohol testing. Rickey is awaze of the children's pediatrician. As noted, he identifies Tonya as historically addressing Levi's respiratory needs. It should be noted, however, that Rickey was unaware that Levi has an allergic reaction to Amoxicillin. Rickey admits that Olivia has missed some dance lessons. On one occasion she wanted to remain at home to play with her cousin, and on another occasion, he took the children to Potter County. Rickey said he discusses dance lessons with Olivia who tells him she does not want to go - so he doesn't take her. Hippensteel v. Hippensteel Rickey is aware of Olivia's former teacher. He described the children's room in their home. He has attended at least one parent/teacher conference. Rickey admits to smoking, but not around the children. I reviewed with Rickey Tonya's concerns. He denies influencing Levi to use profanity or telling the children to be disrespectful toward their mother. He also noted that Levi has, on occasion, called him (Rickey) an "a_hole." There was a question as to whether Rickey is acting in the children's best interests at times. For example, Ms. Snelson, at Tonya's request, contacted Rickey in an effort to get his consent to engage Olivia in counseling. Ms. Snelson's account of her verbal exchange with Rickey was very negative. Further, Tonya apparently scheduled a dental appointment for Olivia on a Thursday morning following Rickey's overnight with the children. Rickey did not want to get Olivia up fora 7:45 a.m. dental appointment. This raises a question whether he acts in the children's best interests, or whether his response might be in reaction to Tonya's efforts to address the children's needs: Rickey is okay with the. current schedule. He believes that Olivia should continue to attend Newville Elementary Schoo'1 where she has been since kindergarten. He notes Tonya's relocation to Landisburg now requires a 30-minute drive from Landisburg to Newville, and notes that during the winter there is a mountain on all three routes from the two areas. Rickey has been living with Heather for the last couple of months. She has a 1-year-old child. They have known each other for a period of time. As noted, Tonya expresses no concern about Heather. Rickey's Drug and Alcohol Assessment does not indicate a problem with alcohol. However, his having a DUI and the witness statements coupled with response to his personality inventory indicate that he has a tendency to minimize or deny any negative, traits, features, or characteristics. He presents himself in a very positive light. He identifies no negative experiences in his family of origin, which would impact his ability to parent the children. There is no reported evidence of any abuse or neglect. He describes a very positive and supportive relationship with his parents. He does, however, admit that he works "too much." Rickey admits that a continuing stressor in his life is Tonya's leaving him. Regarding alcohol, he notes going to the VFW and eating there, and he might "drink a beer or two...that is all." This occurs on weeks he does not have the children. He describes a typical nightly routine once he returns from work with the children. He appears to have a good working knowledge of the children's behavior patterns. Although Rickey is okay with the current schedule, he indicates his major preference would be to have the children live with him full time "so that they can sleep in their own beds, in their own Hippensteel v. Hippensteel 9 rooms, have their playground in the back of the house, further so Olivia can get on the bus (from his home). He also notes getting a new dog because "their mommy took their dog and gave him away so daddy got them a new one because mommy would not give him back, and Olivia loves dogs." Rickey's responses to a series of hypothetical behaviors that children might engage in causing parental response suggests that he would benefit from some additional information regarding child management and discipline techniques. Rickey's personality inventory results reflect a denial of faults and his engaging in a self- protective defensive manner, as seen in his response patterns. This suggests an effort to look good. His scores indicated broad-based denial of any discomfort, interpersonal difficulties, any negative traits, characteristics, or attitudes -resulting in an interpretation of the clinical and other scales in the profile compromised. However, he endorsed items consistent of someone who shazes a common theme of rebelliousness and resistiveness to demands made by others. Rickey can be argumentative. However, there is nothing noted by information from others that he has any anger management or temper control problems. Rickey's interaction with the children is observed in the examiner's office was appropriate. He engaged in appropriate teaching and instructional activities. He is reinforcing, was low-keyed, relaxed, and calm. He is aware of Levi's insecurity and seems sensitive to this. Olivia presents as a pleasant well-adjusted 7-year-old youngster. There is no evidence of any anxiety or insecurities. She is verbal and was able express her opinions. Olivia is okay with the current schedule. She has no difficulty with either grandparent being involved as a babysitter or caretaker. She expresses no concerns about either parent or their significant others. She enjoys time with her father and indicates that he takes the children roller- skating and bowling. She enjoys going to his cabin in Potter County, feeding the deer, and other activities. If she could change something about her father, she would like him to stop yelling at their new dog. She also notes that dad "usually cooks supper." She identified the friends at her father's and mother's home. She enjoys spending time with her mother doing shopping and playing. She dislikes Tonya yelling at young Levi. With Tonya's relocation and living with Kirk, each child has their own room. She feels safe, secure, and comfortable with her parents, their significant others, and her grandparents. She notes her nanny is the one who hugs her the most and both parents kiss her the most. Of relevance, she notes that neither parent drinks alcohol. She has not seen either parent drink. Her three wishes were that her puppy (Rocky) would stop biting, that Levi would be nicer to everyone, and she would like a DVD player -all suggesting that Olivia has adjusted well to the current schedule, in spite of her parents' continuing conflict and litigation. The data was ' ~ Hippensteel v. Hippensteel 10 consistent regardless of which parent brought Olivia to the office. Her family drawing included her parents and her brother doing some shopping. Her school report cards reflect appropriate academic achievement and emotional well-being, good peer relationships and adequate adjustment. In an effort to research concerns brought to my attention by Tonya concerning Levi, I spoke with Autumn Apeman, the Director of Levi's daycare program. Ms. Apeman reports that Levi has been the program about six weeks. She reports that Levi evidences poor compliance with requests and instructions and, at times, tends to ignore his teachers' requests as well. However, neither the teacher nor Ms. Apeman can identify whether Levi's behavior occurs more or less on either parent's week. To that end, it is highly recommended that both Tonya and Rickey meet with Ms. Apeman and began to work out a schedule of behavior modification/reinforcement for positive behaviors related to Levi that would begin to shape his behavior in the direction of more compliance. Neither Ms. Apeman nor his teacher smell smoke on Levi's clothing. Neither note any difference in Levi's social interaction, behavioral responses, moods, or other behaviors from week to week. He is described as a youngster who does pretty well socially and is very loving. He is described as a typically happy child and there are no noticeable mood changes. Finally, Ms. Apeman was not aware that the parents were involved in custody litigation. This, in my judgment, lends more credibility to her reported observations. There was no cigarette odor noticed when I met with the paternal grandmother. Based on background information, interviews, review ofcustody-related instruments and collateral information, I am recommending that the current alternating weekly schedule, plus Wednesday overnights, remain in effect. Although Tonya continues to be concerned about Rickey's parenting of the children, he has put in place an adequate support system to help him with the children. He has, since separation, been more involved with, and responsive to, the children's needs. It appears that her leaving him has served as a "wake up call." He seems to enjoy, as do the children, his relationship with his current significant other, Heather. However, if there is any evidence of Rickey drinking alcohol when he has custody of the children or smoking in front of the children or anyone in his household smoking in front of the children, as well as evidence of either child missing scheduled activities on a regular basis while in his care, I am requesting an opportunity to revisit my recommendation. I recommend that Tonya and Rickey discuss with Olivia and her Dance Teacher whether Olivia has a current interest in, and desire to, continue her dance lessons. Finally, I am recommending that Rickey complete the workshop for parents who have separated. Information therein would be very helpful to and for him. I also believe he would benefit from some sessions with a counselor who could assist him in understanding children's developmental • Hippensteel v. Hippensteel ages and stages and child management techniques. Not only would his doing this help him individually, it would also begin to address some of Tonya's ongoing concerns about Rickey as a parent. Respectfully, Stanley E. Schneider, Ed.D. Psychologist Diplomate, Professional Academy of Custody Evaluators a TONYA L. HIPPENSTEEL, Plaintiff v. RICKEY E. HIPPENSTEEL, JR., Defendant IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 6507 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, hereby certify that a copy of attached Petition for Special Relief was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: JUDITH WALZ, ESQUIRE 341 MARKET STREET NEWPORT, PA 17074 (Attorney for Defendant) IRWIN & McKNIGHT w Douglas i er, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717)249-2353 Attorney for Petitioner Date: July 31, 2006 -r n 3 RECENED {~':-~ Q 1206 RICKEY E. HIPPENSTEEL, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 2004 - 6532 CIVIL TERM TONYA L. HIPPENSTEEL, :CIVIL ACTION -LAW Defendant/Respondent IN DIVORCE ORDER OF COURT AND NOW, this ~ day of ~ 2006, upon consideration of the attached Plaintiffls Petition for Special Relief, a heazing is hereby scheduled for .t a 2006, in Courtroom No. ~, at !D : 3 0 o'clock ~' .m., Cumberland County Courthouse, One Courthouse Square, Cazlisle, Pennsylvania 17013. BY THE COURT, ~~ ,~. ~ v a w o i` +~ ~' .,,, r '. ..-.. RICKEY E. HIPPENSTEEL,JR., IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW TONYA L. HIPPENSTEEL, NO. 2009-6532 CIVIL TERM Defendant/Respondent IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 23rd day of August, 2006, after hearing, it is ordered and directed that the children who are the subject of this custody case be enrolled in the Big Spring School District pending further order. The parents will cooperate to ensure that Levi has his school bus experience as scheduled for Thursday, August 24, 2006. By the Court, "Douglas Miller, Esquire For Plaintiff Jpdith T. Walz, Esquire ~haubut C. Walz, Esquire For Defendant ee :bg ~ K`~ _j ~7 `o^ c'> t -o 3 W .n 3 7 , n L .c. c~ t ~r~ -~ ~5~1 ^~.~~ O~ d"" b1E~~d,+1 i~~~SNi~J3d ,tit~'f7~:_~'' ~''s`'~tJd(1~ L5 :~; ~'d ~t~ ~~1~ 9flDl ,t~itfl0 dur ~' {J~d ?.N1.30 3~i~ '~~vfll~ i SEP ~ 8 lUU6 RICKY E. HIPPENSTEEL, JR., : IN THE COURT OF COMMO ~ - ~- - --- Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2004-6532 CIVIL TERM CIVIL ACTION -LAW TONYA L. HIPPENSTEEL, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this /8` day of ~rwW , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated February 8, 2005, January 20, 2006 and August 23, 2006 shall remain in full force and effect with the following modifications. 2. The parties shall cooperate with counseling for Olivia with Georgi Anderson. The parties shall sign releases so that the counselor may release information to the parties and their attorneys. Mother shall be responsible for this expense. 3. The parties shall cooperate with a custody evaluation to be conducted by Riegler Sheinvold and Associates. Mother shall be responsible for all charges associated with the custody evaluation. 4. When pick up and drop off is other than at school or daycare, the parties shall share transportation by meeting on Rt. 233, the Perry County side, at the bottom of the hill at the dirt pull off. 5. Father shall sign releases so that his Drug and Alcohol evaluation may be released to his attorney, who in turn shall release it to Mother's attorney. 6. Neither party is permitted to harass, stalk, or annoy the other party. 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. Either party may contact the Custody Conciliator when the custody evaluation is completed to schedule another Conciliation Coonference. l ,+ l 7 ,.., ~ 44 ld .,J pp t ; i a ; ~ t~ _.. BY THE COURT, ~, Kevin A. Hest, J. cc~ith T. Walz, Esquire, Counsel for Mother ,,~ouglas G. Miller, Esquire, Counsel for Father ' O n •~, ~.o~ q.1 RICKY E. HIPPENSTEEL, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA V. TONYA L. HIPPENSTEEL, Defendant/P'etitioner PRIOR JUDGE: Kevin A. Hess, J. 2004-6532 CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY 1N CUSTODY OF Olivia L. Hippensteel March 27, 1998 shared Levi C. Hippensteel November 21, 2000 shared 2. A Conciliation Conference was held in this matter on September 12, 2006. Mother, Tonya L. Hippensteel, was present with counsel, Judith T. Walz, Esquire and Father, Ricky E. Hippensteel, Jr., was present with counsel, Douglas G. Miller, Esquire. 3. Prior Orders of Court were entered by the Honorable Kevin A. Hess dated February 8, 2005, January 20, 2006 and August 23, 2006 providing for shared legal and shared physical custody and ordering that the children attend Big Spring Schools. 4. The parties agreed to an Order in the form as attached. Date cqu ne M. Verney, Esquire Custody Conciliator A PR S 6 2007 RICKY E. HIPPENSTEEL, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2004-6532 CIVIL ACTION -LAW TONYA L. HIPPENSTEEL, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 25~' day of April, 2007, not being contacted within ninety days from the date of the prior Order of Court, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~. ac eline M. Verney, Esquire, stody Conciliator `'~~ :{~~~% ;l~f~4 ~.F~ ('fin ~~ •~j ~~ ~~ ~"wl• LVVV 11c]Y~.IJi~`t..it'I.~..~.+'iiC2 ~~'i.l. ~o ~~t?~~~.~-~~~1~ RICKY E. HIPPENS`i'EEL, JR:,_ Plaintiff/Respondw* V. TONYA L. HIPPENSTEEL,* Defendant/Petitioner IN THE COURT OF COMMON PLE CUMBERLAND COUNTY, PENNS NO. 2004-6532 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY J. HESS PETITION FOR CONTEMPT AND NOW, comes Petitioner, Tonya L. Mentch, by and througliher. Hannah White-Gibson, Esquire, and the law firm of Saidis, Sullivan & Rogers, and Petition for Contempt :n:yneci and in support thereof avers as follows: I . Petitioner is Tonya Mentch, formerly Tonya Hippensteel, Defendant I currently residing at 255 Pike Road, Landisburg, Pennsylvania 17025. Petitioner is hereinafter referred to as "Mother." OF IANIA this 2. Respondent is Ricky Hippensteel, Jr., Plaintiff herein, currently residing at Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 447 Steelstown Road, Newville, Pennsylvania, 17241. Respondent is hereinafterwfei Fed too c c as "Father." n c-> ` - 3. Parties are the biological parents of two minor children; Olivia a)> c_; -0 ~-- Hippensteel, born March 27, 1998, age 14 and Levi C. Hippensteel, born Novei;iir 2000, age 11. -' 4. The parties are subject to the February 8, 2005 Order of Court grantin? shared legal and physical custody of the parties' children. The Order is attached and i herein as Exhibit A. 5. Pursuant to the February 8, 2005 Order, the parties share physical cust?dy of the children on a rotating week on/week off basis with the non-custodial parent exerc' physical custody on alternating Wednesdays overnight. sr 3. O 0 ?0 C# 3302- 0 7 7 g?° 6. The parties have been operating according to this schedule for the pas seven (7) years without serious incident. 7. Mother's husband, Kirk Mentch, has been acting as a step-parent fort the parties' children for the past eight (8) years. 8. On Monday, July 16, 2012, Father was to return the children to Mothe after his week of custody. 9. Father returned the parties' daughter, but kept custody of the parties' i son. 10. Father stated the child was "scared to return home with Step-Father." Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 11. Father did not contact any authorities in regards to this information ft 12. Mother spoke with the child every evening the child remained in Fatl custody and the child disclosed nothing of concern regarding Step-Father. 13. The parties attempted to exchange custody a number of times during week, however Father informed Mother that while he would bring the child to the ar site, Father would not force him to get out of his vehicle or return to Mother's custoc 14. Father consistently thwarted Mother's efforts to regain custody of the son by refusing to support Mother during custody exchanges, telling the parties' son did not have to go with Mother and could decide for himself, or driving away with tl 15. The parties' counsel negotiated the return of the parties' son to Mothc Monday, July 23, 2012. 16. Father arrived at Mother's house and took custody of the parties' daul but did not bring the parties' son to the exchange. 17. After numerous phone calls between counsel and the parties, Father eventually returned the parties' son on Monday, July 23, 2012. n son. s arties' iat he child. on iter, 18. Mother had custody of the parties' son during Father's scheduled peri ?d of custody for Monday and Tuesday overnight. 19. Mother returned the parties' son to Father on Wednesday, July 25'h fo Father's scheduled vacation. 20. Father returned the children to Mother's custody on Monday, July 30, 2012. 21. Father exercised his alternating Wednesday overnight visit later that week. 22. Father was to return the children to Mother on Thursday, August 2, 20 2. 23. Again, Father returned the parties' daughter, but did not return the p 'es' son. 24. Father maintained custody of the parties' son through the remainder Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Mother's period of custody into his own. 25. At the date of filing this petition, Father has had a total of twelve (12) custody of the parties' son during Mother's scheduled time. 26. Mother has had a total of two (2) days of custody of the parties' son d Father's scheduled time. 27. Mother has enrolled the child in counseling to address any potential iss regarding the child's relationships with Father and Step-Father. 28. Child has been unable to attend any sessions with the counselor due to Father's refusal to return the child to Mother's custody. 29. Mother has concerns as to whether Father would transport the child to counseling appointments if they were scheduled during his periods of custody. 30. Judge Hess had been previously assigned to this matter. 31. Respondent's counsel, Doug G. Miller, Esquire, has been contacted wit respect to this Petition and does not concur with the request. of WHEREFORE, Petitioner/ Mother requests your Honorable Court to hold Respondent/Father in Contempt of the Custody Order dated February 8, 2005, and following: 1. Respondent is in contempt of the February 8, 2005 Order of Court; 2. Petitioner is entitled to make up days to total the amount of days the child in violation of the Order; 3. Respondent is directed to take any and all reasonable steps to fa( custody exchanges dictated by the February 8, 2005 Order of Court; 4. Respondent is directed to follow all recommendations from t] counselor, including attendance at sessions; and 5. Any other sanctions the Court deems appropriate. Respectfully submitted, Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 SAIDIS, SULLIVAN & ROGERS Hannah White-Gibson, Esquire Supreme Court ID No. 311679 26 West High Street Dated: S///7// Z Carlisle, PA 17013 717-243-6222 * Petitioner has changed her name to Tonya Mentch on April 20, 2008. the kept the child's VERIFICATION I verify that the statements made in the foregoing document are true and I understand that false statements herein are made subject to the penalties of 18 C.S. §4904, relating to unsworn falsifications to authorities. ??12enfc%. Tonya M6ntch Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 RICKY E. HIPPENSTEEL, JR., Plaintiff/Respondent V. TONYA L. HIPPENSTEEL, Defendant/Petitioner IN THE COURT OF COMMON PLl CUMBERLAND COUNTY, PENN NO. 2004-6532 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY J. HESS CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in thi document have been served upon the following persons by the following means and on stated: Name & Address Means of Service Date of Service Doug G. Miller First class mail August 7 , 201 Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 SAIDIS, SULLIVAN & ROGERS Dated: V7 /I Z Law Offices of Saidis Sullivan Hannah White-Gibson, Esquire Attorney Id. 311679 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Petitioner/Defendant OF VANIA dates & Rogers 26 West High Street Carlisle, PA 17013 . FEB 0 7 2diDS RICKY E. HIPPENSTEEL, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2004-6532 CIVIL TERM : CIVIL ACTION - LAW TONYA L. HIPPENSTEEL, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 4' day of : vv!a7 , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated January 19, 2005 at Docket No. 04-6507 is hereby vacated. 2. The Father, Ricky E. Hippensteel, Jr. and the Mother, Tonya L. Hippensteel, shall have shared legal custody of Olivia L. Hippensteel, born March 27, 1998 and Levi C. Hippensteel, born November 21, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. Father and Mother shall have shared physical custody of the children on a week on/week off basis, except the non-custodial parent shall have physical custody of the children on alternating Wednesdays overnight. The exchange day for the week on/week off arrangement shall be Mondays. Mother shall begin her week on Monday, February 7, 2005. The location of the exchange shall be at the children's respective babysitter's homes. 4. The non-custodial parent may call the children every evening at 7:30 p.m. 5. The parties shall cooperate with a custody evaluation to be paid for by Father, except that he reserves the right to ask the Court to apportion the cost of the evaluation. Counsel for the parties shall agree as to which evaluator will be utilized. Once the evaluator is selected, Father shall arrange to pay the retainer within ten days. 6. Within thirty days of this Order, the parties shall attend Dauphin County's program for separating parents or a comparable program. t` 7. Neither party shall do or say anything or permit a third party to do or say anything that 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. 8. Neither party may drink to the point of intoxication or use illegal drugs immediately prior to or during their periods of physical custody. 9. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the children and shall, further, take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the children. 10. This Order has been 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. Either party may request another conciliation conference once the custody evaluation is complete. cc:,;?o'uglas G. Miller, Esquire - Counsel for Fo?er Michael A. Scherer, Esquire, Counsel for Mother V fW' 02-09-5 Tl Xl TTTTI /'I/ Y T"'P 19 RICKY E. HIPPENSTEEL,, JR. 1N THE COURT OF COMMON PLEAS OF PLAINTIFF D CUMBERLAND COUNTY, PENNSYLV~ ~~ -{ G ~:,. 'ga ~ ~ V. • 2004-6532 CIVIL ACTION LAW .;.~~ r~ ~~; .~ ~' ~ -v r~'~ -r- TONYA L. HIPPENSTEEL ~ ~ ~; P:4i IN CUSTODY c-° ~' ~? __d~ DEFENDANT ~Y ~, rv ....t OR43ER OF CQ~T AND NOW, Wedmeaday, Au;ust 1S, 2012 ,upon consideration of the attached Complai , it is hereby directed that parties and their respective counsel appear before dacgaeYae M. Verney, Esq.__, the co ciliator, at 4t6 Floor, Camberla~i Ce•bty Coarthoaae, Carti~le on Wedueeday, September 12, 2012 at 10: AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disp te; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tem rary order. Failure to appear at the conference rnav provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all eaiisting Protection from Abase orders, Special Relief orders, and Castodv orders to the conciUator 48 boars prior to scheduled hearing. FOR THE COURT, By: /s/ acquelne M. Verney, Esg~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Am< 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 arrangen must be made at least 72 hours prior to any hearing or business before the court. You must attend the sch 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. /< ~9 l~ p~ O Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 C'p,~Cr'/~d ~!' ~/~~~~ RICKY E. HIPPENSTEEL, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENN~YI_VANI l~ ~_ . c 2004-6532 CIVIL TE~~ v NO ~ ~ . ~ --~, . . ~~ ~ ~ ~ TONYA L. HIPPENSTEEL, CIVIL ACTION -- LAW ~A c,~ ~c3 Defendant/Petitioner IN CUSTODY ~~ "'- -_~.~-~ i J. HESS ~~' -v 3 ~~ ~F S ~-; ~ ~_~ ' ~ ~ ~ PRAECIPE TO WITHDRAWAL ~' ~ ~ -{~ ' PETITION FOR PROPOSED RELOCATION ;`4 ~ s To the Prothonotary: Kindly withdrawal the Petition for Proposed Relocation in the above captioned matter. SAIDIS SULLIVAN & ROGERS Date: ~ ~, ~ _ Hannah White-Gibson, Esquire Supreme Court ID No. 311679 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Defendant/Petitioner i.aw Offices of Saidis Sullivan & Rogers 'b West High Strer~ Carlisle P~3 l~'Ol3 RICKY E. HIPPENSTEEL, JR., P1ainNff V. TONYA L. HIPPENSTEEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2004-6532 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this 20' day of IUo+~~ , 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated February 8, 2005, January 20, 2006, September 18, 2006 and September 21, 2012 shall remain in full force and effect with the following modifications. 2. Mother's Petition for Contempt shall be held in abeyance. 3. Beginning November 21, 2012 Mother shall have physical custody of Levi on alternating Wednesdays from after school to Thursday morning as make up time. 4. When pick up and drop off is other than at school, the parties shall share transportation by meeting on Rt. 233, the Perry County side, at the bottom of the hill at the dirt pull off. 5. Paragraphs 5 and 8 of the Order of Court dated September 21, 2012 are hereby vacated. 6. Step-father shall not physically discipline Levi. 7. The parties shall cooperate with therapeutic family counseling at Mock Mays to begin with Levi but to include the parents and step-father is recommended by the counselor. The parties shall share any cost thereof equally. 8. The parents agree to schedule an intake appointment for Olivia at Mock/Mays. 9. RELOCATION: No parry shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the children consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 10. This Order has been entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation conference is scheduled for January 18, 2013 at 8:30 a.m. cc~Douglas G. Miller, Esquire -Counsel for F~ /Hannah White-Gibson, Esquire, Counsel for ~~ a~/~ ,:~~ r.,., ,-, ~:, . ~ ~~ r ~ ~ -~ ~? r,-; tb ~r o r- ~ --+ o ~~ ~ ~~7 -~ a ca ~:~~ ~ ~; , ..~. .~ --~ c.rt -.--? ~, BY THE COURT, RICKY E. HIPPENSTEEL, JR., Plaintiff V. TONYA L. HIPPENSTEEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-6532 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P. J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Olivia L. Hippensteel March 27, 1998 shared Levi C. Hippensteel November 21, 2000 shared 2. A Conciliation Conference was held in this matter on November 16, 2012. Father, Ricky E. Hippensteel, Jr., was present with counsel, Douglas G. Miller, Esquire, and Mother, Tonya L. Hippensteel, was present with counsel, Hannah White-Gibson, Esquire. 3. Prior Orders of Court were entered by the Honorable Kevin A. Hess dated dated February 8, 2005, January 20, 2006, September 18, 2006 and September 21, 2012 providing for shared legal custody, and shared physical custody. 4. The parties agreed to an Order in the form attached. ti -I~= -~~ G U Date ' ac eline M. Verney, Esquire Custody Conciliator