Loading...
HomeMy WebLinkAbout05-3854 JOANNE HARRISON CLOUGH, P.C. By: Joanne Harrison Clough, Esquire Attorney !D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 717.737.5890 Attornev for Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 06----- 3'iS-t/ ~ -1<AJv-- PEGGY MIXELL, Plaintiff CHERYL L. HARTMAN Defendant : CIVIL ACTION - LAW : CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff Peggy Mixell is an adult individual residing at 171 Enola Road, Enola, Cumberland County Pennsylvania, 17025. 2, Defendant is Cheryl L. Hartman, an adult individual residing at 450 Ridge Road, Lot # 25, Etters, York County, Pennsylvania, 17319, 3, Plaintiff seeks custody of the following child: Name Present Address Date-of-Birth Bryon Hartman 450 Ridge Road Lot # 25 Etters, PA 17319 7-18-97 age 8 4. The children was born out of wedlock, The child is presently in the custody of Defendant, Cheryl Hartman residing at 450 Ridge Road, Lot # 25, Etters, York County, PA, 17319, 5, During the past five (5) years, the child has resided with the following persons the following address: Name Address Dates Cheryl Hartman (mother) Steven Holtz (mother's boyfriend) Tyler (1/2 brother) 450 Ridge Rd, Lot # 25 Etters, PA 17319 7-16-05 to present Peggy Mixell (maternal grandmother) 171 Enola Rd, summer 2003 to 7-16-2005* Earl Mixell (step grandfather) Enola, P A 17025 *Cheryl Hartman and Tyler resided with Bryon at Peggy MixelI's home from summer 2003 to approx, spring 2004 Cheryl Hartman Donnie Kirk (mother's husband) Tyler Don Kirk, Sr, (husband's father) Etters, P A 7-18-97 to summer 2003 6, The mother of the child is Cheryl Hartman, currently residing at 450 Ridge Road, Etters, Pennsylvania, 17319. She is single, 7, The father of the child is unknown, No father was ever identified by mother and the father is listed as unknown on the child's birth certificate. 8. The relationship of Plaintiff to the child is that of maternal grandmother, Plaintiff currently resides with the following persons: Name Relationship Earl Mixell: Bryon Hartman, step grandfather to child the child who is the subject of this custody action He resided with Plaintiff from summer of 2003 until 7-16-05 when Defendant took the child and refused to return him, 9, The relationship of Defendant to the child is that of natural mother, Defendant currently resides with the following persons: 2 Name Relationship Steven Holtz Tyler boyfriend Defendant's other son 10. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court, 11, Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 12. Plaintiff 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 except Defendant Cheryl Hartman's ex husband Donnie Kirk does take the child for alternating weekend visits when he had partial custody of their son Tyler. 13. The best interest and permanent welfare of the child Bryon will be served by granting the relief requested because: a, Plaintiff Peggy Mixell has had de fact primary physical custody of Byron since the summer of 2003 and had had guardianship of him November of 2004; and 3 b, Defendant Cheryl Hartman has not had regular periods of partial custody with the child since she moved out of Plaintiffs home in the summer of 2004; and c. The child is enrolled at East Pennsboro Area School District where he has successfully completed first and second grade and is scheduled to start third grade on August 30, 2005; and d. Byron has AD/HD and has been thriving in the educational program at East Pennsboro under the primary custody of Plaintiff grandmother. When the child resided with Defendant mother and attended kindergarten while in her care he was tardy on nwnerous occasions due to Defendant's repeated failure to get him to school in a timely manner, e. Defendant's home is dirty and the minor child is not properly cared for by Defendant; and f. Plaintiff had provided Bryon with a stable, loving home for two years and Defendant has exercised no consistent periods of partial custody with the child during the past year. g, Plaintiff is better able to provide for the day to day needs of the child and assure his health and is better able and willing to attend to his educational needs, 4 14, Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff Peggy Mixell requests the Court to confirm primary physical and legal custody of Bryon Hartman with her and grant Defendant mother reasonable periods of partial physical custody of the child, Respectfully submitted, JOANNE HARRISON CLO / Date;~ .....-1""'- OJ Joanne Harrison Clough, Esq 're Attorney ID No,: 36461 24 N, 32nd Street Camp Hill, P A 170 II (717) 737-5890 Attorney for Plaintiff 5 VERIFICATION I, Peggy Mixell, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief, I understand that false statements herein are made subject to the penalties of 18 Pa. C.s. 34904 relating to unsworn verification to authorities. DATE: 7~Z7- 0;;- ~0hO ell ,~ --~ ~ C\, ~ %. ~ ~ () t3', ':.:) " . '\_:~~ -rl .-\ -:C,-1\ ;11;;:..-;; "- .~ ~ ~~ ),~ " . "- ~ '^ <::i \ . ~!~ l',) C,:~ ,,0 (...'0 JOANNE HARRISON CLOUGH, P.c. By: Joanne Harrison Clough, Esquire Attorney ID. No. 36461 24 N. 32"" Street Camp Hill, PA 17011 717.737.5890 Attornev for Plaintiff PEGGY MIXELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. D5~ ..:nSV ~..J~ CHERYL L. HARTMAN Defendant : CIVIL ACTION - LAW : CUSTODY PETffiON FOR EMERGENCY RELIEF TO MAINTAIN TIlE STATUS QUO UNTIL HEARING AND NOW, this 28th day of July, 2005, comes the Petitioner, Peggy Mixell, by and through her attorney, Joanne Harrison Clough, Esquire and files this Petition for Emergency Relief to Maintain the Status Quo until Hearing and in support thereof avers as follows: 1. Plaintiff Peggy Mixell is an adult individual residing at 171 Enola Road, Enola, Cumberland County Pennsylvania, 17025, 2, Defendant is Cheryl L. Hartman, an adult individual residing at 450 Ridge Road, Lot # 25, Etters, York County, Pennsylvania, 173 19, 3. Plaintiff is filing a Custody Complaint simultaneously with the filing of this Petition For Emergency Relief. 4. Plaintiff is the maternal grandmother of the minor child Bryon Hartman who has been residing with Plaintiff and her husband Earl Mixel since the summer of 2003, 5, Initially, the child Bryon Hartman, his mother, the Defendant Cheryl Hartman and his '12 brother Tyler moved in the Plaintiff's residence in the summer of 2003. Defendant Cheryl Hartman and her son Tyler moved out of Plaintiff's residence approximately one year ago and moved in to a trailer with Defendant mother's new boyfriend, Steve Holtz, located at 450 Ridge Road, Lot # 25, Etters, York County, PA 17319. 6, The minor child Bryon has resided in Enola, Cumberland County, Pennsylvania for two years and attended 1 st and 2nd grade at East Pennsboro Elementary School and is enrolled to attend 3nl grade at said school which commences on August 30, 2005. 7. The father of the child is unknown. No father was ever identified by mother and the father is listed as unknown on the child's birth certificate 8, Plaintiff Peggy Mixell has had de fact primary physical custody of Byron since the summer of 2003 and had had guardianship ofhirn November of 2 2004. A true and cOrrect copy of the East Pennsboro affidavit of guardianship is attached hereto, 9, Since Defendant mother moved from Plaintiff's residence in the summer of 2004 Defendant Cheryl Hartman has not had regular periods of partial custody with the child since she moved out. 10, On or about the second week of July 2005, Defendant mother asked Plaintiff if Bryon could come and visit at her home for one week. 11. On or about July 19, 2005, Defendant mother told Plaintiff she was not returning Bryon and announced that he would be living with her in Etters, York County, Pennsylvania. 12, The child is enrolled at East Pennsboro Area School District where he has successfully completed first and second grade and is scheduled to start third grade on August 30, 2005; and 13, Byron has AD/HD and has been thriving in the educational program at East Pennsboro under the primary custody of Plaintiff grandmother. When the child resided with Defendant mother and attended kindergarten in York County while in her care he was tardy on numerous occasions due to Defendant's repeated failure to get him to school in a timely manner and was absent frequently, 3 East Pennsboro Area School District Our Vision: World Class Performers and Productive Citizens Web Site, www,epasd,org Linda J. Bigos, D.Ed, Superintendent of Schools ~overnber12,2004 Mr, & Mrs, Earl Mixell 171 Enola Road Enola, PA 17025 Dear Mr, & Mrs, Mixell: This letter is to confirm approval of Bryon Hartman's enrollment as a student in the East Pennsboro Elementary School on an affidavit with you assuming guardianship, We are pleased that we are able to assist you in this way and hope that Bryon has a challenging and rewarding educational experience at East Pennsboro, Sincerely, <??J~13r~ ~..R . Linda J, Bigos, D,Ed, Superintendent of Schools EASTPENNSBOROAREA HIGH SCHOOL 425 Shady Lane Enols.. PA J 7025-2297 Phone: (7] 7) 732-0723 Fax: (1\7) 132-8932 EAST PENNSBORO AREA MIDDLE SCHOOL 529 North OOola Dri.ve Eno]a, PA ]7025-2]99 Phone: (717) 732-0771 Fax: (717) 732-8948 EAST PENNSBORO ELEMENTARY SCHOOL 840 Panther Parkway Enol., PA 17025-2065 Phone: (7\7) 732-0441 Fax: (7] 7) 732-8946 WEST CREEK HILLS ELEMENTARY SCHOOL 400 Erford Road Camp Hill, PA 1701 ]-1 ]44 Phone: (7\7) 132-0142 Fax: (717) 732-'943 DISTRICT ADMINISTRATION CENTER 890 Valley Street, Enola, PA 17025-1599, Phone: (7] 7) 732-3601, Fax: (717) 732-R921 ReCjlardlna: Affidavit for the Admlaslon of a Student Whose Parent or Gu.rdl.n Ilv.. outside of East Pennsboro Area SO I Sworn Statementa of Realdent(a).nd P....nt(.) 1//5~l.J , ."R f' Student Name: Building: Instructions: . - - ., --... -"T EAST PENNSBORO AREA SCHOOL DISTRICT COVER PAGE Date Received: ~I.~ Grade: . Guidance counselors will attach this cover page to the affidavit packet and review the SWom Statements of Resldent(s) and ParentIs) to be sure that all sections are completed. A copy of the proof of residency (See section I. C. on page 1 for a list of acceptable documents] and a copy of the proof of supporting the child gratis (Sse section III. E. on page 3 for a list of acceptable documents] must be attached at the end. This packet Is to be forwarded to the building Principal for Investigation and disposition within 2 days of receipt. . After investigation, the Principal will approve or reject the affidavit within 2 days of receipt, sign, date, and forward the packet to the Supervisor of Pupil Services who will review and forward It to the Superintendent for flnal approval or rejection. . The building will be notified of approval or rejection by the Superintendent's OffIce. . The resident will be notlfled of approval or rejection by the Superintendent's OffIce. L Reviewed ~J~J~'fisJG IIJ6t!J Signatur8;;;Co~~ r Date ,evie Comments: ..L Approval _ Rejection Comments: L Approval _ Rejection Comments: V Approval = Rejection Comments: V /Bulldlng Notified --V Resident Notified ct~~~z.." ~ ~J..J Signature 0 Principal . ///fOY Date raM med ~~?A/~i. Signature of Supervisor upll Services --=:-W ~{'f' Dete forwarded JJ//ojo ~ DatS reViewed ~/c? ure of Secretary to the Superintendent It IY "t/ Date Completed Implementotloo -= 10121102 EAST PENNSBORO AREA SCHOOL DISTRIct Sworn Statement or Resldent(l) The resident must comnlote all information pumumt to Section 1302 of the Public School Code of 1949, which al8le8: '." When a resident of any school district keeps in hialher home a child of ",hool age, not bielhcr own, auPJK>llinll the child gratis 88 if it were hislher own, such child shall be entided to all free school privileges accorded to resident school children of the district. Before accepting such cbud .. a pupil, the board of school directors of the distriet may require such resident to file a sworn statement that; . helshe is a resident of !he district, . helshe is supporting the child gratia, . helshe will asswne all personal obligations for the child relative to school requirements, and . helshe intends to so keep and support the child continuously not merely through the school term.' Instructions to the Re.identfs): Please complete the infonnation/statement on pa~e. I !broom 4. If1he polential student is IiviPB or will be living in a household with two resident sdul18 who are ..swning responsibility for the student, both _iden18 must \XlIDPlete and sign this statement The parent(s) must complete~. I, RESJDENTINFORMATlON: A. Your name: 1!E4'~ 1011,,1 MitRL.. Address: 11/ eNoL" 1l.oAP City: J:JID~A- State: PA- Zip Code: 1101..5 Place of Employment: le"M.fOR.g:('~Ske~ Home Phone: cr.a)7~-"73 Work Phone: fJ/A How long have you been a residentofEsst PennsboroArea School District? I tr VedfS If there is a spouse living at the same address, provide the following infonnation: B, _m_ ~ ~AY~I~; Place of Employment : (?Joo S 1A N Home Phone: f1ii 13 ~ Work Phone: 1-/B'Ia. How long has spouse ~ a resident ofEas! Pennsboro Area School District? L'i V ~iJ~ C. Proof-Please provide JIIII of the following to substantiate residency: (PI.... brina GriiP"'- copy win be made to._ to tho Swom S-.nIl '. Utility bill, or . Pennsylvania Deparbnent of Transportation identification or drivers license, or . Pennsylvania Department of Transportation vehicle registration, Of . S18telFederal program enrollment, or . Paycheck stub with name and addte8s of emllloyee and employer. PI__wblcb one is provIdod /' ~ D. Do you own the residence? v--YeIl, (If yea, please skip to Section ll.) - No, (Ifno, please have the homeowner or your landlord complete the fonowiDa to verify approval. Homeowner I Landlord's name: Approval has been granted for Phone: To reside with (ChUd's n_) Homeowner I Landlord's signature: (R...idenI's -J Date: Page I ofS ImplelJlentatioD cillo: 10121102 EAST PENNSBORO ARIA SCHOOL DISTIUCT SWOI'll St.teme.t ofResldent(.), coatlna. a. STUDENT INFORMADON: Tn......,.;...... Fumiab the fo"owins information with roapect to the "hild who wlll be enrolled. A. CIlikl'lPu1lN_ tJP..YDN /.Fe HIli.,MA-tJ ~~b~ ~ . ~ clll1d bepII or wiD besin to Mde in your homr. ~T Z D03 WballsyourRllationlh!plOthechlld: ~rAlJbi()'" . Child', prior addreu: --1;1.Lf.(l ~d City: ~ IC~ t:::ruJ C~ . 1A-. Zip Code: ~11Q5 NUllO of parent/guardian of child at prior iddreN: a /. OJ, Ifgurtlian, what waa biIIher R1lation1h1p to tho llhild: -1!/0 1 HA Former school diatrict in which the ohIId VIal enroned: M'll' UEE'I: - tJ< d/In,(l ~rauJ C '1' "mIL EIf$1" ~) Fwnillh the followlns infonnation collCCl'llina the child'llIIturaI mo&cr: Full N_ 'L r,.j IIMt ~ 0 H_~: B. J.13tL City: Place of Elllploymmat: Home PboIIe: Iw:1f.._} c. pumiJh the followlns infOlDlatioD concll1liai the cIuld'. 1lltura1 father Full NIIJIC: ~ Home 1Iddrcu: City: P1Ice o'rBmpluymeDt: HOIIIa Pboao: Slate: Zip Code: WoIk PhoDo: D. Why il the c:hild Iivlna ia your bome aad Dot Iivlna with ODe or both of their pareaII'1 ~ ~~Al ~I{ft~ ~ /J1!fJ)$ H'~ AIJHD ~ m. FlNANCW.SVPPORTJNPORMA110N: prw'UUJ ~ d,;Sfncr. JIUltruclinno' FumiIh -the followina iafonnation R1SardiaS IOUl'Cea of fintmciallllpport or UliBl8Dce tbr the dlild. A. II there curreatly a II1)lPOIt order for the child, whic:h bu beea enterecI by 11II)' court? Yea X No If yea, 10 whom are the paymentl mIde and in what IlInOUIIt'/ B. II thm currently lIII)' apment that has beeD liped by either pllRlJll relatina 10 the I1IJlllOI'l ofthiB cbiId? Yea .x No Ifyee, 10 whom are the paymentll mIde and in what _17 - Pap2of5 llIIJIIea............ doll: IctlZl102 EAST PENNSBORO AREA SCHOOL DISTRIcr Sworn Statement of Resldent(s), continued I (We> will claim this child 88 a dependent for state/federal income tax purpoaes? j( Yes _ No Do you intend to keep and support the child continuously and not merely through the school term? -.X Yes _ No Proof - Please provide lIIIll of the following to substantiate that signer is supporting the child gratis: . Copy of completed IRS form tnmsferring tax exeniption of child to resident, or . Copy of completed county form tnmsferring child supPort payments to mident, or . Copy of completed Stale form notifying Department of Welfare of child's new residence, or . Copy of insurance policy/cardlstatementlisting child as eligible for services, or . Copy of lease/rental agreement identifying the child as a tenant . Copy of completed IRS form tnmsferring tax exemption of child to resident, or F, I am supporting the above-named child in the following ways: (please checlc all that apply) /' Providing for his or her food and clothing - Maintaining health insurance -;;;r'" Providing tnmsportstion for the child Z Attending to the child's other needs, such as A.Nl/nlIUr. II~ C. D, E, Pl_ cbeck which OM i. provided IV. OTHER INFORMATION: Instructions: Please answer the following questions A, Will you assume all personal obligations related to school requirements for this child that may include providing for requimI immunizations, uniforms, fees/fines, citations/fines for !Nancy, attending parent -teacher conferences, attending m~lhearings concerning discipline, and fulfilling any special education requirements? .LYes . No B. Will you assume the responsibility and obligation for making all educational decisions? ~_NO C. Was this child suspended or expelled from any public or private school in the Commonwealth of Pennsylvania or any other state for an act or offense involving weapons, alcohol or drugs, or for the willful infliction of injury to another penon or for any act of violence committed on school property? (Act 26 of 1995) Yes k No If yes provide the following additional information: Name of School: dkr- Address of School: Name and telephone number of person or school administrator at fonner school having knowledge of suspensionlexpulaion: Name I Title: Phone number: Dale of suspension or expulsion: Explanation ofreason(s) for suspension or expulsion: Page 3 of5 Imp_lalioo dale: 10121102 EAST PENNSBORO AREA SCHOOL DISTRIcr SWORN STATEMENT OF RESmENT(~ I RESIDENCY AFFIDAVIT. under ,13-1302 I...tru"tion.. to the Residentf..l: Please complete this page and have II notarized. By signing, I (We) grant the School District pennission to investigate the infonnation provided with all appropriate parties, as necessary, to contlnn the factual accuracy. I, (We), (Je4t. () \. JtJA:IJ tA/'/.t;:L(., ,swearthatI am (we are) a resident of the East Pennsboro (Name qr~,1lipp<IrlbIs tho cItIld) Area School District, thatI am (we are) supporting -S R Y 1M LEE: IlAtT /11"""'; gratis, (CllIld'llClllldrM " n<UM(,)) That I (we) will assume all personal obligations for the child relative to school requirements, and that I (we; intend to support the % continuously and not merely throuuh the school term, I (we) further owear that the above mentioned child _was OJ' was not previously suspended or expelled from any public or private school in the Commonwealth of Pennsylvania or any other state for an act or offense involving weapons, alcohol or drugs, or for the willful infliction of injury to another person or for any act of violence committed on school property I (we) affirm that the above statementa and the answers to questions are true and understand the East Pennsboro Area School District is relying upon these statements and answers in passing upon the admission of the proposed child to its public school system. I (we) further affirm that ifresidency should change, for any reason, it is my (our) responsibility to notilY the school district and amend the residency affidavit I (we) understand that any willful false statements msde herein shall be punishable as a criminal act as a misdemeanor of the third degree under the Pennsylvania Crimes Code subjecting me to a poteutial fme ofop to 52,500 and imprisonment for up to one year (18 Fa. C,S. 11101, 1104,4904.) Resident Signature: Print Name: Resident Spouse's Signature: Print Name: Sworn to and subscribed before me, this ~L WIr'lNf5 1tt1t.EU- 2ncl day o~!Io()emkr; 20f2!/ --- ~ -------- (Notary Public) I~'--- i j~otarial Seal : ~ Steven B. Worley, Notary Public J East Pennsboro Twp.. c.umberland County My Commis:<.?km Expires Dec. 10, 2004 Membt:~'MSyjYanI2 ;"5soclatlon~::;05 P..40f5 lmp_todoQ_: 10121102 UIT PMl'f8BORO ADA SCHOOL DUTIUCI' SWORN STATll:MKNT 01' PAR~ r""...."'lIfJ11 '" tu p".-tf.J. Pl_. compl.,.. fOlluw"" IIG,.",.IIIIIIIIG,..IIIIOIII'*. If the pollllllal student bu two P""""'" with I. .....1Dl\y. - P-"'" ....... "'r I (We) do lOIemnIy SWIll' (or aflImi that IIDl (Wi...) the ~s)llepl JIIllI'dlIII(s) of & r::: IIld tblt J (we) IMreby rellDquilb to III rIpts 11III obliptlGal1llr the above gbBd(r.) reJatlve to lClbool requiremelltl, iIlcllldlai. but not lImlted to, the rIpt to lip all dOIlUIIltIlII-..y to -U Clf malulllla die child(rea) in sohool, all riPtI n"'llII!I')' to __ approve or dlIapprove sPICIal echioatiaD ..no. ... the obild(lWI), tbe riJbt to review, copy,_ comet l'eIlOI'dI for fhe chnd(reIi). the r1abt1duty to represmt ddld(rea) It ~ reiIW to diIclp1iDe or Ipecia\ educIticI1. I (We) DO Ioapr support 0\11' chl1d(rea). My (Our) re~ IIId ~ "ripa IIppI)' to the cblId(rea) lU1dt\lod below: NeD "Bi.'('''; /J:I!"" ~M/d.L DOB: (J7-/1.:!/ 7 N_ DOB: N_ DOB: I (We) acIcnow1cdp 8IId 1IDlIII'I~ that any nodllcatlon to chanp theM riplll muat be ill wrIt1aa IIId ilia)' ttrmlDatelll)' (our) chlld(rea) .,., cI.med .l'IIidIaI(a). I (We) undlntlDd s ClCIp)' ofdlll f'onn wW be ftIed wItb the U.S. IaeImal a.v- Strvioe and my (0\11') Iiptare I...u......1I1)' (0111') 00DIIId. I (We) 1IIIderIlIDd diet 81Y wilHi11 f.1Ie 1tIteIIlen1l1llliCle herel1l1l1al1 be punllhlble u a crlmlnII_ u . ~ oftbe third depee UDder lbe PIIIIII)'IVIIIia CrimeI Code fIIbjectlDa me to a poteIltIal ftne ofup to 12,500 IIId ~ blIP to one ~ (11 PI. C.S. 11101, 1I04,4t04.) ~ PareDt SJpIdure: PriDt N...: P_t SIpIdun: Print N...: SworD to and SIIbscribecI before 1Dt. ~ day of..lU1J~ ZO o,,~ - -~~ .-- (I'tt1ItI1'1 r i~otart&l SlIa1 ~ B. WQriey, NotarY PllbIlo EUlI'IMlbGro ,OUmIlirflncl Coun My Oomm~oo ~p1"" 0.0. 10, 2Ot. Memoor. F'eMSy~anla AllOCiIlICn ot No,,:7,. PIp SoU _"...AIIII 1_10IZ1IOa . . ",.1\C. --- .. ':$ . ,.~' 1m r- ~- 1~ ""..... &~ l_ 1 . .' ." II.,..... IIlL .,. ilia. ... ~(~~ d~~ G--,:J~L (ires \).ectU-e (' Q.O{ ? I \ .. \ &7:-' \6 >';j ~ ~Q)vl) Aff1dttVii- ~ !"-':7l f.-,'.' , ~ ..:...J (~J" (, ~:: "\. , ~ \""') ~ C;:) ...... ~ ~ _.~." ~ , - l;;;'- \.0 ~ -;'-:., 'U('\, en ~~ ~ ~ --' PEGGY MIXELL, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHERYL L. HARTMAN, DEFENDANT : 05-3854 CIVIL TERM AND NOW, this ORDER OF COURT ~ day of August, 2005, IT IS ORDERED that a hearing shall be conducted on this petition for emergency relief in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 1 :30 p.m., Monday, August 22, 2005. Joanne Harrison Clough, Esquire For Plaintiff Cheryl L. Hartman 450 Ridge Road Lot #25 Etters, PA 17319 ~ ~ F.03.0{ l.-)-. :sal >: ~5c. ,- (~-:; iU~p-,. ~~:~ S-~ ~~5L~ 8~2:~ ~~u LL-,- F=- Lt- G (~) ('~ ,t: C? t.l-J I.~.:_? C~'J <-' - PEGGY MIXELL PLAlNTlFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Y. 05-3854 CIVIL ACTION LAW CHERYL HARTMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, AUl(ust 04, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawu S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, FA 17055 on Tuesday, September 06, 2005 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or iflhis cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl(. FOR THE COURT. By: /s/ Dawn S, Sunday, Esq. Custody Conciliator .Y 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 thc court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~-f~~~ -JO.s~ .~ ~ "'t7 :1J1~ ~~ 50.S $, ?4 -P Z'JJ'~v ~'pv ->>.,F.~ I~l.i',n<"'"' ;';: ! D :S Hd S'. ~JiW SOUZ PEGGY MIXELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3854 CIVIL TERM CHERYL L. HARTMAN, : CIVIL ACTION - LAW Defendant : CUSTODY ANSWER TO PETITION FOR EMERGENCY RELIEF AND NOW, this 18th day of August, 2005, comes the Respondent, Cheryl 1. Hartman, by and through her attorney, G. Patrick O'Connor, Esquire, and files this Answer to Petition for Emergency Relief and in support thereof avers as follows: 1, Admitted. 2. Admitted. 3. Admitted. 4. Admitted that the minor child, Bryon Hartman, has been residing with Plaintiff and her husband since summer of 2003. By way of further response, the Mother also resided with the child, Plaintiff and Plaintiffs husband from the summer of 2003 through July of 2004. Furthermore, the child has been residing with the child's Mother or with Donald Lee Kirk, Jr., who has stood in loco parentis for the minor child since birth, virtually every weekend since September 2004 until the summer of 2005. In addition, Mother has taken a very active role in regard to the minor child's baseball activities and health care. 5. Admitted that the Mother moved into a mobile home with her other son, Tyler Hartman, and Steve Hotz in the summer of 2003. By way of further response, the minor child and the Plaintiff requested that the Mother allow the minor child to continue living with the Plaintiff for an indefinite period of time. The Mother agreed to this arrangement, so long as it was agreeable to all persons involved. The said arrangement is no longer agreeable to the minor child and the Mother. 6. Admitted in part and denied in part. Admitted that the minor child resided in Enola for two years and attended first and second grades at East Pennsboro Elementary School. Denied that he is enrolled to attend third grade at said school. The minor child is presently enroIled to attend third grade at Fishing Creek Elementary School. 7. Admitted. By way of further response, Donald Lee Kirk, Jr., has stood in loco parentis for the minor child since birth. 8. Admitted in part and Denied in part. Admitted that Plaintiff had de facto primary physical custody of the minor child from summer 2004 to 2005, and that the Mother provided guardianship to the Plaintiff, which was necessary for the minor child to be enrolled in school in the East Pennsboro School District. Denied that the Plaintiff had de facto primary custody prior to summer of 2004. 9. Denied. The Mother has had partial custody of the minor child every other weekend since summer of 2004, in accordance with an agreement with the Plaintiff and with Donald Lee Kirk, Jr. 10. Denied. In July the Mother told the Plaintiff that the minor child was coming to her home. No specific agreement was made as to return of the minor child. 11. Admitted. By way of further response, the Mother explained to the Plaintiff that the child was no longer happy living with the Plaintiff and that the Mother believes it in the minor child's best interest for the minor child to live with the Mother and the minor child's brother. 12. Denied. The minor child is no longer enrolled at East Pennsboro Area School District, but is presently enrolled to attend third grade at Fishing Creek Elementary School. 13. Admitted in part and denied in part. Admitted that the minor child may have had or may still have AD/HD to some degree and it is admitted that the minor child has performed at an acceptable level while in school. Denied that the minor child was tardy on numerous occasions and was absent frequently while in kindergarten. By way of further response, to the extent that that the minor child was tardy or absent at any time during kindergarten reflects the disruptions in the living patterns while Mother and her husband were in the process of separation and divorce, a situation that has now long been resolved. Furthermore, the Plaintiff has substantial health issues at the present time that make her less desirable and reliable as caretaker for a growing boy. 14. Admitted that Plaintiff is seeking emergency relief. By way of further response, the status quo is that Mother has primary custody by Order of Court issued by the York County Court of Common Pleas. A true and correct copy of said Order of Court is attached hereto and marked as Exhibit "A." 15. Denied. Denied for reasons stated in paragraphs 4 and 13 above. 16. Denied. Denied for reasons stated in paragraphs 4 and 13 above. 17. Denied. Denied that Plaintiff is better able to provide for day.to-day needs of the child, his health or his educational needs. Denied that the Mother's trailer is filthy and that cats and a dog urinate and make bowl movements in the home, except for use of the litter box by the cats. By way of further response, Mother's home is cleaner and more sanitary than the Plaintiffs home. WHEREFORE, the Mother, Cheryl L. Hartman, requests that this Honorable Court dismiss the Plaintiffs Petition for Emergency Relief. Respectfully submitted, ~L~ 11. Patrick O'Connor, Esquire Attorney 1.0. #64720 3105 Old Gettysburg Road Camp Hill, P A 17011 Telephone: 717-737-7760 Attorney for Defendant ATTORNEY VERIFICATION I, G. Patrick O'Connor, Esquire, hereby verifY that I am the attorney for the Plaintiff and that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. ~ d. Patrick O'Connor, Esquire DATE: ?,-/,f./lJr ~ :-r"c I " /.;fio.;., DONALD LEE KIRK, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : YORK COUNTY, PENNSYL VANIA : ~.) -~U ,0 a.). / $"". 0 ill .?-c . NO. v. CHERYL LYNN KIRK, Defendant ..., ,~ = 'q = -,"t ..... :=; ::i!: , V. -~ - ~~.') 'rl"1 ~ .n .--:1 .- -_.,~ -0 ,.., - cJ r:-:l ~., :'-i (J1 -' ", a" -<. : CUSTODY n -<c o ORnER OFt:OTlRT ~~. . C -0- :1;>'-- ? f\C'1 ~ ~,~ AND NOW, this l.. - day of \..,2003, upon consideration of the attached Custody StiPulati~n, it is hereby ORDERED d DECREED as follows: 1. THar James Kirk, born July 11, 2000, is the natural child of Donald Lee Kirk, Jr. and Cheryl Lynn Kirk. 2, Shared legal custody ofTilar James Kirk as contemplated by the Act of November 5,1981, P.L. 322, 23 P.S. ~1001, et seq., will be in both of the parties, as the natural parents. 3. Donald Lee Kirk, Jr., has stood in loco parentis for child, Bryon Lee Hartman, date of birth July 18, 1997, at all times since the child's birth. 4. Between Plaintiff and Defendant, legal custody of Bryon Lee Hartman shall be shared as contemplated by the Act of November 5,1981, P.L. 322,23 P.S. 9\001, et seq., without prejudice to any parental rights to which the biological father may be entitled. 5. Primary physical custody of said children shall be in the Mother, subject to the following periods of partial custody with the Father: a) every other weekend from Friday at 5:00 PM through Sunday at 8:00 PM; b) on Plaintiffs birthday from 8:00 AM through 8:00 PM, and on Defendant's birthday from 8:00 AM through 8:00 PM; c) alternating division of Christmas Day, with Plaintiff to have the children from 12:00 noon on Christmas Eve through 12:00 noon on Christmas Day in 2003, and from 12:00 noon on Christmas Day through 12:00 noon on December 26 in 2004, and alternating such eX H I f3rf'" "A" time periods with Defendant each year thereafter; d) Plaintiff shall have partial physical custody from 8:00 AM through 8:00 PM on Father's Day; e) Defendant shall have partial physical custody from 8:00 AM through 8:00 PM on Mother's Day; f) Plaintiff and Defendant shall alternate custody on holidays from 8:00 AM to 8:00 PM on Memorial Day, Independence Day, Labor Day, New Year's Day and President's Day, with Plaintiff to have custody on Memorial Day in 2003; g) Plaintiff and Defendant shall equally divide Easter and Thanksgiving, with Plaintiff to have partial custody from 8:00 AM until 2:00 PM on Easter in 2003 and Defendant to have partial custody from 2:00 PM until 8:00 PM on Easter in 2003. The parties shall alternate time periods each year thereafter. Plaintiff shall have custody from 2:00 PM until 8:00 PM on Thanksgiving Day in 2003 and Defendant shall have custody from 8:00 AM until 2:00 PM on Thanksgiving Day in 2003. The parties shall alternate time periods each year thereafter. BY THE COURT: IJI~~J PEGGY MIXELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3854 CIVIL TERM CHERYL L. HARTMAN, : CIVIL ACTION - LAW Defendant : CUSTODY CERTIFICATE OF SERVICE I hereby certifY that I have, this day, served the herein Answer to Petition for Emergency Relief to the party indicated below by hand delivery to: Joanne Harrison Clough, Esq. 24 N. 32nd St. Camp Hill, P A 17011 ~~~AYff" .-G. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Defendant DATE: j':.-(fI-?'J~ (") r:; -<..-,. ....., ~--:;:, <= ,en """ <:::: c-> o -n :r..,., n1f:::: -n8 ::) , ..'J,....... '~-J ~...,J, g~~ -I '> '0.:; '< \.0 ~ ...p <C.) ......' ~ECEIVED AUG 312005 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PEGGY MIXELL vs. 05-3854 CNIL ACTION LAW CHERYL HARTMAN Defendant IN CUSTODY ORDER AND NOW, this 23rd day of AUl!ust.2005 , the conciliator, being advised by counsel that this custody matter has been transferred to the York County Court of Common Pleas, hereby relinquishes jurisdiction. The Custody Conciliation Conference s(;heduled for September 6, 2005, is cancelled. FOR THE COURT, i J--~ (u...L' r. -). Dawn S. Sunday, Esquire ' Custody Conciliator 82 :9 If;! 1- d3S SOUZ ^UVI0i~C)H10Gd 3Hl :)0 38tl:'O-CEnI::!