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HomeMy WebLinkAbout94-02788 ~ "'~~~ ",-' ",. .;~ .~~ ,!'x "-~ '~~ .: :"?; . -I -~ "';l:~ .~ .;; ;:~~.' . ,~- ','" -"; fl ~ v. IN mE COURT OF CQt.MlN PLEAS OF CUMBERLAND COUNTY, PF1mSYLVANIA NO. 94-:n ~8 CIVIL TERM MARK J. llARTRANPI' , Plaintiff JUDY K. llARTRANPI' , Defendant : CUSTODY aJIlLAINT roR aJST<JOY \. The plaintiff Is Mark J. lIartranft, residing at 4 West Dulles Drive, Apt. 80, Camp 11111, Cumberland County, Pennsylvania 17011. 2. The defendant Is Judy K. lIartranft, residing at 2107 North Ben, Apt. 1817, Victoria, Texas 77901. 3. The plaint Iff seeks custody of the following chi Idren: tiY!l Present Address IiJ!& Allison Marie Shuff 4 West Dulles Drive, Apt. 80 Callp lIill, PA 7 years old D.O.B. July 24, 1986 Zachary Allen lIartranft 4 West Dulles Drive, Apt. 80 Camp lIill, PA 3 years old D.O.B. May 25, 1990 The chi Idren were both born out of wedlock. The chi Idren arc presently in the custody of the plaintiff, who resides st 4 West Dulles Drivc, Apt. 80, Camp lIill, CUmbcrland County, Pcnnsylvania. During the past five years the chi Idren have resided with the following persons and at thc following addresscs: tiY!l M!lnH!1! I!Il1Il Plaintiff and his 4 West l)\Jllcs Urlve, Apt. 80 From October, 1993 girlfrlcnd, Stefanic Camp II I II, PA to the present Allison Plaint iff 4 West Dullca Urlve, APt. 80 From July 14, 1993 Camp IIi II, PA to October, 1993 Plaintiff and dcfcndant 4 West lJullcs Urlve. Apt. 8 From November, 1992 Camplllll,PA to July 14, 1993 HIIaIl hklfollll Ulrul January 1991 to Novellber, 1992 November, 1990 to January, 1991 1988 to November, 1990 1'1 /llnl! rr IInd dufclltlllllt 221121i C:odllr Hun Ilrlvo 1~lIl1p lilli, I'A 22111k' ('crillI' RUII 111'1 vc ('lIl1plll II, I'A 1'IIIIntl H IInd tlcfcndllnt llefcf't1l1nt, hcr I'nrcnt N, Terry anti Undll ShuH, her brothcr, l~lI'clI shurr, anti her IIll1tcrN, I'nrol Hhlln IInd Junlllfer shurf Wilt ur St l'I'ut Now ('umbc I' Inntl, I'A Tho nxlthor ollhu chllrlrclI III Judy K. lIartranft, currently residing at 2107 North 11011, Apt. 11117, Vil'tollll, TCXIIN. She Is IIIIrrlllll. The fllther of thu chllrlrclI IN MIIrk J. lIartranft, currently residing at 4 West Dulles Ilrlvo, Apt. 110, ('limp lilli, Cumberland County, Pennsylvania. lie IN 11II1'1'10.1. 4. Thu rcllltlllllHhlpof tho plnlntlff to the children Is that of father. Thllpl/lllltiff cUHently reNltlulI with thu following persons: HMlI RIlJJ,UPllllbiP. AI I IlIotl Mllrle Shurr Zactl/lry Allun 1111 I' t ranft IItoflllllll All I NOll his daughtur his son his girlfriend ~, Thu rellll IllllHhlp of thc llufentlunt to the chi Itlren Is that of IDOther. The pin lilt IH III unUW/lI'e of perllon the defendant currently resides with. fl, The plnlnt IH hUll nol I'urt Iclpllted as a party or witness, or in IInothor Cllllucl ty, In ot her II t1gutloll concerning the custody of the children in this or IInother court. 7. The plnlnt I H hllll no Informnt ion of a custody proceeding concerning the chi Itlrcn pcnding In II court of this Commonwealth. . ........,.",.,~'~gm ~ .:~~B~L'_ _ ,.._ _.__,_~~~~.f'(~'" I1n L'I 3 2Z nl '911 ('r; (.( . l) i j('1; ;; f :j().' _~ 1 ,',rIY IWI 1"~LHr '" : 'I '~, 't II. '''35 00 J...-:.tl ('". " -, h..;,"., ,"""'''''.''''....__.._~~-<.~,,,_._...,,_ .....c. ~_..','. .~m "",...,-........, ,~."~, _~._"...-<..., ,,~.,.....,.,..;".,o,"" ..... '. I , ; \, - - 4 , . ).'l-j,tTt>~ ,,;:;">tl!P""'~ ,. , . " .. '" Hat N 3 22 PH 'g~ " j III , ,:dlet OF iii' I" lirtlOtlOTAnY CUll f,[HtI ND eel! 11 lY rfhll"Y',Vt.lllh - ;. t- , . , '1 , :' :t),t;;; }~-~,~ .~~~ 'c~ .: ':1r~+ 1~ ;~H h <1 :"> :;} "'''' c ~. ." r \ ."-" " ~ ,. i ~ '~ I -.... .... ,.J ... '1' 11 r~ " " ,- , ,., " '. " t: ; "\' c: ; r: ~. \.",' , g :l " Q .' " ~'S " " ,', -,\ ':J 'j L: ,. ;~ <, c " r: \ 1-:;; ~. 'i. ...; ," " ,:i ,.- ... " I, 44i-:l'_.......~4'____.._..,".,*___.,'".~_,.~.,. , .'Il4. ._-~~ " . f I ! ,- . ", " ~ . , . " . - ;-. :.. . DC T 1'/ 1~9,~Cr I , I IIIARK J. HARTRANFT, Plaintiff ) ) ) ) ) ) ) IN THB COURT OF COHIION PLBA8 OF CUIIBBRLAND COUNTY, PENN8YLVANIA NO. 94-2788 CIVIL 'fBRH vs. IJUDY K. HARTRANFT, I Defendant i I i i I M OG~ II ... NOlI. "" /7 d" ,[ co5. . '99'. ,po, ""jot ,[ ". '1lconciliator,s report, it appearing that the parties have agreed to the terms and II provisions of this order which was dictated in their presence and approved by them and 'I their counsel, we hereby order as follows: I I ! CU8TODY 1. Legal custody of the minor children, Allison Harie Shuff, born July 24, 1986, II and Zachary Allen Hartranft, born Hay 25, 1990, shall be shared by their mother, the II Defendant, Judy K. lIartranft, and their father, the Plainlitt, Hark J. Hartranft. Ii 2. Primary physical custody of the said minor children shall remain with the I father. I i 3. The mother ohall have the following periods of temporary or partial custody of both children: A. Alternating weekends from Friday at 4:00 p.m. until Sunday at 8100 p.m., commencing on Friday, October 14, 1994. D. Bvery week Honday through Friday from 8:15 a.m. until 4:00 p.m. 1:1 addition, while the father is attending school through March of 1995, she shall have the children every Thursday from 8:1~ a.m. until 9130 p.m. When the [ather's schooling has been concluded, the parties will agree upon another time for the mother to return the children Thuroday. C. The folloving holidays, on an alternating bauis, fro. 10100 a.m. until 8:00 p.m.: Labor Day, Nev Year's Day, BasteI' Sunday, Hemorial Day, and July 4th. The mother's first holiday vith the children will be New Year's Day in 199~. D. 10:00 a.m. until 3:00 p.m. every Thanksgiving Day. Notwithstanding the other provisions of this order, the children shall be with the father all I' other times on Thanksgiving Day. E. In odd-numbered years, from 6:00 p.m. on Dece.ber 24 until 12 noon on Dece.ber 25 (and the father shall have the children froll 12 noon on December 25 until 12 noon on December 26). In even-numbered years, from noon on December 25 until noon on December 26 (and the father ahall have the children from 6:00 p,m. on December 24 until 12 noon on December 25). The provisions of the Christmas holiday shall prevail over other provisions 01 this order. F. From 10:00 a.m. until 8:00 p,m. every Hother's Day and on the mother's birthday each year (June 16). In exchange. the lather will have the children every Father's Day and on his birthday each year (August 27) from 10:00 a.m, until 8:00 p.m. 1'he provisions of this sub-paragraph will prevail over the other proviaions of this order. 4. 1'he mother w1l1 be responsible to provide the transportation 101' the custody exchangeD so long as she lives within one-hall mile 01 the lather's home, as the parties currently live. In the event that the mother moves so that her residence is more than one-hall m1le away lrom that ol the tather, the parties will agree upon the method 01 transportation. II they cannot agree, we will schedule a briel hearing to resolve that issue lor them, 2 c i >i' !"'l ~~1)W-rr' .;; "~'.'- .. -.i.; ";- p h ., ,:, - ',i" ~~~-~f~'-,' ; :"~:c:~ l:;'; \A; ~; - ~~ !<L:T.\ ~: ',.~ --~ ':'f} r;' F.\ L, ". ..... P' r- , I' ~< , -...~ ..;.... i-,,,,l -.:-1t.{ ,.',,, ~: ! r-;" . ~. ~' 1""'.' -f-'; ,r. .. ," {o-,; },O: '':; ~;. " 'k t; 'I' "" " ~ .. ~ "', g - ill 'ioi~'.,- !""- :~ c: ., .. r " >ci ~ .. ~. ':~ y ..;: ... -.., <i,/, ,. 'r: 4' ... <l' t, .... " .,'. .< !to ,- \, '"? .... '- -, ., .., '" .. .. , .. .' '" 1::'- .' , .. " t;,' " Of IU;: 10 ,6" AH '9~ > ,- .. ,~ " " , , .. .. >, " {,tl If'! 1 , " .... - ('I .t!O:;'~iM,Y ,r I~ 11 il' i, ... ~ ... ,','itl l.~ (, !,' ': I Y " 0 , , ~ II, ~:X:, 'I! \ , ~~' .. " " '" .' ~ .' - 'T .~ ., .. .. ,.... v " '.. " , ~ (f) . " - 1: ,. ." " " t' t.... ~I :. " " :l', - , .. '" .. ;r ", 0' " 0 \" - ~ '1.: , " .. .. i ! '1 , . ! " ~', f l <- ,., " '- ~ \: ., ,. ,- c ,- ,. ,. ",.., " '\:' 't. " r L . ;. " , , " ,.( " , " 0 ~ ~ , ., " > ~.,. ... " " $' !, t; " - G <: r,' 1 , , .' " " ,~ ,- ,- .' ~ I, " .' ~ , ,- ~ ... ,- ,: . 'l:~ .. , I'" \ " 'C , ~ . -~~~~. , . " " l\. - . .. /I ~ ;~, ,.-~~"';"i' ;-~- "'~~~- ,_ -jlli- .! -:7 , -: MARK J. HARTRANFT, I IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) I NO. 94-27S8 CIVIL TERH .JUDY K. HARTRANFT, ) Defendant ) CUSTODY I; ORDBR AND NOW, this day of , 1994, upon receipt of the .iconciliator's report, it appearin9 that the parties have agreed to the terms and : provisions of this order which was dictated in their presence and approved by them and their counsel, we hereby order as follows: 1. Legal custody of the minor children. Allison Harie Shuff, born JUly 24, 1986, land Zachary Allen Hartranft, born May 25, 1990, shall be shared by their mother, the 'Defendant, JUdy K. Hartranft, and their father, the Plaintiff, Hark J. Hartranft. 2. Primary physical custody of the said minor children shall remain with the father. 3. The mother shall have the following periods of temporary 01' partial custody of 'both children: A. Alternating weekends from Friday at 4:00 p.m. until Sunday at 8:00 p.m., commencing on Friday, October 14, 1994. B. Every week Honday through Friday from 8:15 a.m. until 4:00 p.m. In addition, while the father is attending school through March of 1995, she shall have the children every Thursday from 8:15 a.m. until 9:30 p.m. When the father's schooling has heen concluded, the parties will agree upon another time for the mother to return the children Thursday. ji C. The following holidays, on an alternating basis, from 10:00 a.m. until 8:00 p.m.: Labor Day, New Year's Day, Easter Sunday, Hemorial Day, and July 4th. The mother's Brst holiday with the children will be New Year's Day in 1995. D. 10:00 a.m. until 3:00 p.m. every Thanksgiving Day. Notwithstanding the other provisions of this order. the children shall be with the father all other times on Thanksgiving Day. E. In odd-numbered years. from 6:00 p.m. on December 24 until 12 noon on December 25 (and the father shall have the children from 12 noon on December 25 until 12 noon on December 26). In even-numbered years, from noon on December 25 until noon on December 26 (and the father shall have the children from 6:00 p.m. on December 24 until 12 noon on December 251. The provisions of the Christmas holiday shall prevail over other provisions of this order. f. from 10:00 a.m. until S:OO p.m. every Hother's Day and on the mother's birthday each year (June 16). In exchange, the father will have the children every father's Day and on his birthday each year {August 271 from 10:00 a.m. until 8:00 p.m. The provisions of this sUb-paragraph will prevail over the other provisions of this order. 4. The mother will be responsible to provide the transportation for the custody exchanges so long as she lives within one-half mile o( the (ather's home, as the parties currently live. In the event that the mother moves GO that her residence is more than one-half mile away from that of the father. the parties will agree upon the method of transportation. If they cannot agree, we will schedule a brief hearing to resolve that issue for them. 2 o:z: ooO:Z: o:z::> 11 01..:1 >< ..:1>< 0 N 0.00 ... <J 0 I'l Z~ ... l:: 8 N '... nl UJ Z ~ 0 ,. 001 <J '0 ::> ~ ~o. l:: l:: U - 1&1 ,. 0: ~ ~ N '... Q) :l ~ , o . ~ . nl .... :>< .. U:>< 8.-i 8 Q) [1, ~ ~ C Z ~ 8 ..:I [1,0. [1,0 H Z -< UlD > [1,Z Z Z 0 0 ~ ,. 0::> o:z: o:z: 0 ~~ ~ U t 0 P: P: :i: 1&1 UI E-<U Z 8 8 0 UI Z W P: 0 P: p; 0 ~ Z ~ z Z ::>0 H o:z: o:z: E-< :Sii: 1&1 0 II. OZ 8 :r: :r: :l 0: X UO:Z: U :> z 0 Ii II. ..:I o:z: 0 ~ Z 0: ~ O1P: I-J i<: H ,. ::l :r:01 ..:I 8P; lD ~ III ~ 8~ H i<: >< H01 ,. UI :> P: 0 80 it Z::> H ~ ::> O1P; 0: HU U .., 0.0 -< X , . . . "",,\,,~'H)'~!o" 'wn'J"jun,,' . . f!~ftlt'" f.. J' '<l<f'1I. \"!llllt,~ 11, MAl, II 1'1'1', the following address: 810 Erford Road, Camp Hill, Pennsylvania, Cumberland County, 17011. 6. Since said conference, Respondent/Defendant has moved in with her boyfriend named "Dave." 7. Petitioner/Plaintiff seeks to amend the custody order and seeks custody of said children on all weekends, Thursday evenings at 8:00 p.m., and during the school week so that he can take said children to and from school. 8. The best interest and permanent welfare of said minor children will be served by granting the relief requested because: a) Respondent/Defendant fails to pick up said children on most of her alternating weekends visits and fails to contact Petitioner/Plaintiff in connection thereto, in violation of the custody Order; b) When Respondent/Defendant does pick up said children for an alternating weekend visit, she does not spend time with said children, but has Allison stay with her grandmother and has Zachary stay with "Dave," which upsets said children; c) Respondent/Defendant works every weekend, although she assured all parties at said Conciliation Conference that she would not work on alternating weekends; d) Respondent/Defendant refuses to transport said children back to Petitioner/Plaintiff's care Sunday evenings after her alternating weekend visitation is over, in violation of the - 2 - custody Order I e) Petitioner/Plaintiff is now done with schooling and would like to alter the time of custody on Thursday evenings pursuant to the Court Order; f) In the mornings during the week, Respondent/Defendant fails to consistently pick up said children and take Allison to school, and fails to notify Petitioner/Plaintiff of same, in violation of the Custody Order; g) Respondent/Defendant consistently keeps the clothing Petitioner/Plaintiff has dressed said children for the day in at her residence and sends said children back to the residence of Petitioner/Plaintiff in different clothes; h) At times, Respondent/Defendant sends said children back to the residence of Petitioner/Plaintiff without all of their clothing on: i) Respondent/Defendant swears and uses profanity in front of the children, which upsets them; j) Respondent/Defendant smokes in front of said children, which upsets them; k) Respondent/Defendant retains in her possession, without notifying Petitioner/Plaintiff, who has primary custody of said children, important school papers. WHEREFORE, Petitioner/Plaintiff requests this Honorable Court - I - ~ .. :c- r._ '" "" M ,- o .rj ., o I:' t " , ' ~ 0-' <'-J ~i . < :1:: -.: B ~~ N '" N ~~3 lJJ z ~ 0 ~ U - C ..... - W r- ~ II: ~ - ~ ~ :> < a lJJ III l- i .... ..> UJ Q ..... ..... . c:: W 0( < '... I~ ~~ u. ulD z ~ r- ~~.. > 0 Ectl 0 '... u t u ~ W III ,ll ~'t 0 III Z w oo1!5 co ..... ~ Z :z: z z ~i~ co a. 0 ~Q U :50: .. W 0 .' > ..... II: lL N :i: :i: u. :> 0 Ii :r I ..... l- lL U ..... ..,. . b2 z II: j Cl 0- ..., :>< 0( r- :J ~ UJ.-J lJJ ID - m W ~ >- U r- III .. z~~ . ~ it :;@ II: ..... U < :r I..,.\t~..\l' "J\-\',., .'II".,"dln.., f;J,rntOj 111""",,\ l'0111IU~ II, , i: . , MARK J. IlARTRANFT, I IN THB COURT OF COMMON Plaintiff PLBAS OF CUMSBRLAND ) COUNTY. PENNSYLVANIA vs. ) ) NO. 94-27S8 CIVIL TERM JUDY K. IlARTRANFT, I Detendant ) CUSTODY JUDGB PRBVIOUSLY ASSIGNBD: The Ilonorable George B. Ilotter CONCILIATOR CONFERENCB SmtIAIlY REPORT IN ACCORDANCB WITIl CUMBBRLAND COUNTY RULB OF CIVIL PROCBDURB 1915.3-8Ibl. the i i 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 Allison Marie Shuff Zachary Allen Ilartranft 8IRTIlDATB 24 July 1986 25 May 1990 CURRBNTLY IN CUSTODY OF Plaintiff/Father Plaintiff/Father 2. A Conciliation Conference was held on 18 April 1995 and the following individuals were present: the Plaintiff and his attorney, Madelaine 8aturin. Esquire: , the Defendant and her attorney, David P. Perkins, Esquire. 3. Items resolved by agreement: None 4. Issues yet to be resolved: An adjustment in the schedule to accoMmodate the . mother's working on weekends. 5. The PlaintiU's position on custody is as follows: The father wants the order changed so that the mother will not have the children on the weekends when she works. 6. The Defendanl's position on cuslody is as follows: The molher's weekend work 'schedule has changed and she nOli 1I0rks Friday and Saturday evenings. She 1I0uld like to MARK J. HARTRANFT, I I" THB COURT OF COMMON Plaintiff PLBAS OF CUMBBRLAND ) COUNTY, PBNNSYLVANIA vs. ) ) NO. 94-27SS CIVIL TBRM JUDY K. HARTRANFT, ) Defendant ) CUSTODY ORDBIl OF COURT AND NOW this day of , 1995, a hearing is hereby scheduled in the above matter to be held in Court Room No. of the Cumberland County Court House in Carlisle, Pennsylvania, commencing at o'clock _.m., on the day of , 1995. Counsel for each of the parties is directed to file with the Court and serve upon opposing counsel, at least twenty (20) days prior to the date of the hearing, a list of witnesses they intend to call at the hearing, which list shall include the name, address, daytime and home phone number of the witness, and a general summary of the nature of the witness's testimony. By the Court, J. Madelaine Baturin, Bsquire Attorney for Plaintiff David P. Perkins, Bsquire Attorney for Defendant sia . \..... I.?~ f:J" ~ 0. . ...."9 \II "" ..... ..s (, I '1 , ') ~ 4 cr ~~ g ~ , z ~ !! t- !I~ ~ - 1&1 t- ~ ~ II: ~ ~ N :::: ~ ~ 0(' ..... .'.... . f2~ ~i(DzR ..... I~ I umZ~- > ~~! ..... ~~ ~ ell ~ ~ E U ~ .~ ~ ...... ~~ ~ z VI ~ iii > ~ ~ ii: ~ ~ ~ I ~~ ~olif ~!~ ~~ . . ., ~ i( Z II ~ ~ ~~ m t- ::l .~ ~ ~ II t- VI i3c:lU ~8 ii II 0( :t .. . I ~ . . . ','''' ..~..\1 "'\;~"" 11'11\10".. "'It ",.,.,',!" ,'.,.,'" l"ll'h'l"'" JUN " , i) I. ',t h>-- ~ , HARK .1. HARTRANFT, I TN T1fR COURT OF COMMON PJ.HAS OF Plllintiff I ClIHRRRJ.ANO COUNTY, PRNNSYJ.YANTA . . V. . . NO. q4-;!7RR CTVTJ. TRRH .roOY K. HARTRANFT, : Oefendllnt CUR'J'OOY ORORR OF COURT AND NOW, thi. " ~.v of ''"'., 1995, it i8 hereby Ordered that the Hearinq scheduled for 1:30 p.m. on .Tune 7, 1995, in connection with the above-captioned matter be qenerally continued. J. cc: David P. Perkins, Hsquire (Attorney for Defendant) ,c~\\l\l.l r' ~\h~"~:\\ll\i\\ ;1 l.li(\1J \lld,,;,\ '\" \ 10 ~n~\;(l\l\ , '" ~II 1~\1\(; .' , "a, ~~I \\~ 6\ t ~ ~'~1~'.. ...;,"f:C< , AlED::OFFlct: OF 11 1': /':10TUO;\I(JTAQY 95 ,1ft 1/ /2 All" I , 3 CUMI3U;U\4U COUNTY PENI\'$fl.\iWA """'~;W<'.~ ~;';"".';:'-'F';;"","=-"''''<t''- "...-"'''' ~ ~.."'.""-""--""'~.~"".- # - " ~ t . I '~ - . tI 4 - '1 ..- # --' " JUDY K. IIARTRANFT. PclitioncrlDcrcndont IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. No. 94-2788 CIVIL TERM MARK J.IIARTRANFT. RcspondcnllPlointifT Custody PETITION TO MOIUIIV ClJSTOJ)V OIlIum I. Thc Plointill' is Judy K. Ilurtrnnll, nuturnlmothcr. rcsiding ut 810 Erlilrd Rood, Comp llill, Cumbcrland County. Pcnnsylvunio. 2. Thc Dcfcndont is Murk J. 1I0rtrnnll, nuturnlluthcr, rcsiding ul 4 Dullcs Drive, Apartmcnt 80, Comp lIill, Cumbcrlund County, Pcnnsylvonia, 3, PlointilTsccks custody ofthc lilllowing childrcn: Namc Prcscnt Addrcss Age Allison Muric Shull' 4 Dullcs Drivc, Apt. 80, Cump llill, I' A 170 II 9 Zochury Allcnllurtranll 4 Dullcs Drivc, ApI. 80. Cump 1Ii1I,PA 17011 5 Thc childrcn wcrc born out ofwcdlock, Thc childrcn urc prcscntly inlhc rcsidcntiul custody of thc nuturnlluthcr who rcsides ut4 Dullcs Drivc. ApI. 80, Cump lIill, PA 17011. Pcnnsylvoniu, During thc pust fivc (5) ycurs, lhc childrcn havc rcsided with the following persons ond ot thc lilllowing uddresscs: I. NAME AlmRESS J)ATE Murk J, Ilurtrnnll und 4 Dullcs Drivc, ApI. 80 Approximotcly July Stcphunic Allison Complllll. PA 1701 I 1994 - prcsent Murk J, 1I0I1fllnll und 4 Dullcs Drivc. Apt. 80 Octobcr 1992 to Moy Judy K, Ilurtl'Unll Comp lIi11,PA 17011 1994 Murk J, Ilurtrnnll ond Orchurd Pork Apartmcnts 1989 to Scptcmbcr Judy K. Ilurtfllnl\ Comp 1111I, PA 17011 1992 MARK, \.\IF.liilE ANI. Ilrl~I(INS Al1UUNlVS AT lAW I.W "A51 .<INn SlU[[T -- 5IUf!PENSlluRn, "^. 11251 MARK J. HARTRANfT, ) IN THE COURT Of COMMON Plaintiff ) PLEAS Of CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO. 94-2188 CIVIL TERM JUDY K. HARTRANFT, ) Defenclant ) CUSTODY ~ Nfl) NOW, thIs :tJ.. 17 day of Llo;.T- , 1994, upon receipt of the conciliator's report, it appearing that the parties have agreed to the terms and provisions of this order which was dictated in their presence and approved by them and their counsel, we hereby order as follows: 1. Legal custody of the minor children, Allison Marie Shuff,/born JUly 24. 1966. and Zachary Allen Hartranft. born Hay 25, 1990. shall bo shared by their mother. the Defendant, Judy K. Hartranft, and their father, the Plaintiff, Hark J. Hartranft. 2. Primary physical custody of the saicl minor children sball remain with the father. 3. The mother shall have the following periOdS of temporary or partial custody 0 botb children: A. Alternating weekends from Priday at 4:00 p.m. until Sunday at 8:00 p,m., commencing on friday. October 14, 1994. G Every week Monday through Friday tram 8:15 a,m. until 4:00 p.m. In uddition, while the [ather is attendiog school through Harch of 1995, she shall have the children every Thursday from 6:15 a.m. until 9:30 p.m. When the [atber's schoolinq bas been concluded. the part1es will agroe upon another timo for the mother to return the children Thursday. 1 C, The follovinq holidays. on an altcrnating basis, from 10:00 a.m, until 8:00 p.m,: Labor Day, Nev Ycar's Day, Easter Sunday, Hemorial Day, and July 4th. The mother's first holiday with the children viII be New Yoar's Day in 199~. ~ 10:00 a.m. un~il 3:00 p,m. ev~ry ThanksgivinQ Day, Notvithstandinq the other provisions at lhis order. the children shall be wilh the tather all ol~,r times on Thanksgiving Day. ~~ In odd~numhered years. from 6:00 p.m. on December 24 until 12 noon on ~her 25 (and the tather shall have the children from 12 noon on December 2~ until 12 noon on December 261. In eyen-numbered years, from noon on December 25 until noon on December 26 (and the tather shall/baye the children from 6:00 p.m. on December 24 until 12 noon on Dece~er 25). The provisions of the Cbristmas boliday shall prevail over other provisions of thin order. P. From 10:00 a,m. until 8:00 p.m. eyery Hotber's Day and on tbe mother's birthday each year (June 16). In exchange. the tather vill have the children every Pather's Day and on his birthday eacb year (August 21) fro. 10:00 a.m. until 8:00 p.m. The proviSions at this sub-paragraph will prevail over tbe othcr provisions of this order. 4, The mother will be responsible to pr~vide the transportation for the custody exchanges so loag as sbe lives within one-half mile of the father's bomo. aa tbe parties currently live, In the eyelll that the mother moves so that her ruidence is more than one~half mile avay from tbat ot tbe tather. the parties will agree upon the method of transportation. If they cannol agree, we vill schedule a brief bearing lo resolve tbat issue tor them, ~ 5. Each party shall have the partier. tor two consecutive weeks each SUmmer for vacation purposes (including no more than two consecutive weekends). on the condition that each party will provide the other at least thirty ()O) days advance notice, in writing, o( the vacation period they Gulect, 6. NeHller P4l'ty will move out of the Commonwealth ot Pennsylvania and take the ;children with them without the other party's written permission or without further order of this Court. 7. Each party will notify the other promptly it the children require medical care or attention while in that party's care and shall promptly notify the other party at any medical treatment the child receives, 8. The parties realize that their children's well being is paramount to any ,differences they ~ay have between themselves. AccordinglY, they agree that neither party will do anything which may estrange tile children trom the other parent or injure the opinion at the children regardinQ tbe other parent or whiCh may hamper tbe free, natural, and healthy development of the children's love or respect for the other I , parent. By the Court, I ~ / -,,';1.:,.,..__ c: I-I" fj..,- J. Legal SerVices, Inc. Attorney tor Plaintiff JUdy K. Hartranft, pro S8 Defendant ..,.. .... ." . \. \I ," '.. ? t"\ . I' J , ~ "'. 1 I. . . :. ~, ;Ilnd ,"".I "'. \... ..j .., I., 'a r .u... ... '" " 11'5 If. ~li e! &c;t,. 191H, ..,........,..~~~. ..~.;J::J 4$. Prc'rh;;;<;;;-'-........ sla 3 , I!lt , I I , 1'-' , I , i , ! I , l. 1 ~~ !I m .<1 >0 N C ~ ~~ rn iil .... 5~ur~ ~ ~~ '~ " > tc ~ ~ ~ -... 8~ i~ tJ . alJEt;~I~~ ~.~ I~ cr:z 00 t:!!~~E u,H <Xl fS5 ~ z ~ ~ ~ N m 8, ~~ ~ ~ ~ i HH ~ . l3 ,lJ f;1O . . OJ 1<:0: :> ..,11. 11.2 ~ ~ i:'i >0 . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA JUDY K. HARTRANFT, Respondent crvr L ACTION - CUSTODY '''" v. NO. 94-2788 Civil Term MARK J, HARTRANFT, Petitioner ORDER OF COURT AND NOW, this 99,ltl day of ,~V~\flh . 1'l96, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel shall appear before --1l,di(iI f t"II'1 t'''1 , the Conciliator, at ~" l-'lH Ct> h (( / ~,q \ If.-'.)( on the ~ day of ~ "I ,1996 at i.lI ."'11 .m., for a Pre-Hearing Custody con1e ence, At such con~erence, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Ord~r. All children age five or older l11ay also be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order, FOR THE COURT, --' f! I ,; ( I ator ( 'J pI.v" / The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You l11ust attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 I nlloflu 'O""~I' IIU'!<''''-fll,J/'' ut ""I 5. Pursuant to the Order of Court dated October 17, 1994, Mother shall have partial physical custody on alternating weekends from Friday at 4:00 p.m, until Sunday at 8:00 p.m. and Monday through Friday from 8:15 a.m. until 4:00 p.m. 6. Mother has failed to exercise this partial physical custody for several months. 7. In addition, pursuant to the Order of Court dated October 17, 1994, Mother has partial physical custody every Thursday from 8:15 a,m, until 9:30 p.m. while Father attends school. Father has completed his school and the parties have been unable to agree upon another time for the Mother to return the children on Thursdays. 8. On Thursday, March 7, 1996, Mother picked the children up from school and failed to return them to Father at 9:30 p.m. The Father picked the children up at the babysitters on Friday, March 8, 1996. 9, On Thursday, March 14, 1996, Mother picked the children up from school and failed to return them to Father at 9:30 p.m. The Father picked the children up at the babysitters on Friday, March 15, 1996. 10. On Thursday, March 21, 1996, Mother picked the children up from school and failed to return them to Father at 9:30 p.m. 11. Mother failed to deliver the children to school today, March 22, 1996, and Father is unaware of their whereabouts. .. H"Wlll~ . ,"I ", ~I\ II~"I."""I"I~" tit 12. Mother is without jUBtifJclltion or legal excuse for failing to abide the Order of Court, dated October 17, 1994. 13, Father believes that Mother's pattern of contemptuous behavior will continue, unless or until the Custody Order dated October 17, 1994, is modified to give Father sole physical custody, 14. The Father believes it's in the best interest of the minor children to modify the Custody Order dated, October 17, 1994, vesting sole physical custody of the parties' minor children with Father. 15, The Father has, due to the Mother's willful contempt of the Court Order dated October 17, 1994, incurred and will continue to incur legal fees to enforce his right. 16. As of April 12, 1996, Father will be moving his residence from Camp Hill to Quail Drive in Carlisle, Cumberland County, Pennsylvania, 17. This move is in the minor childrens' best interest as it will provide the children with a larger home where each child will have their own separate bedroom. t' 'lJIlll1MIl'I''lI'~)'f1.u:lll-\M''Ni'Jtlr11 VERIFICATION I VERIFV that the statements set forth in the attached document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalities of 10 Pa. section 4904 relating to unsworn falsification to authorities. JfJ...t:T~~ Rl.ffi-oFFlCE CF 11 ': 1',""11 !('I~I')TMY 96',P11-0 fi1211,O ell'" , 't, '[I' '1')' 1'"I,l:' 1.,/ ,,~,\.) "I" PtlJN~,\LV/~\!~\ "~"-"_.._-......~..~~~,.,....-"'-'-="'-~'<-~.~.."'.._.. . . . ) --<"'....~..............,,-..~-".-. r -c I , I i , l f . ",- ;I . " .. - i :.,..'~~ ~ ...-. ,. ",' ; "ubl-' "'V JUDY K. HARTRANFT, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I I V I NO. 94-2788 CIVIL TERM I MARK J. HARTRANFT, I CIVIL ACTION - CUSTODY Defendant I COURT ORDER AND NOW, this ~ day of _\\\(1' \ conaideration of the attached Custody Cbnciliation ordered and directed as follows: , 1996, upon Report, it is 1. This Court's prior Order of October 17, 1994, is vacated. 2. The Mother, Judy K. Hartranft, and the Father, Mark J. Hartranft, shall enjoy shared legal custody of Allison Marie Shuff, born July 24, 1986, and Zachary Allen Hartranft, born May 25, 1990. 3. The Father shall enjoy primary physical custody of the minor children. 4. The Mother shall enjoy temporary physical custody of the minor children as follows: A. On two out of every three weekends from Friday evening at 5:30 P.M. until Sunday evening at 8100 P.M. Mother shall provide transportation for pick up and delivery of the children on weekende. B. On Thursday evenings from 4:00 P.M. until 8:30 P.M. during the school year and from 8:00 A.M. until 8:30 P.M. in the Sununer monthe. During the next few months, until the children are out of echool, Father shall transport the children to Mother's on Thursday afternoon, and Mother shall return the children to Father on Thursday evening. Once the Sununer schedule starts, Mother shall pick up the children at Father' s on Thursday morning and again return the children on Thursday night. C. At such other times as agreed upon by the parties. 5. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify the Order, that party may Petition the Court to have the case again scheduled with the Custody Conciliator. JUDY K. HARTRANFT, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUHBERLANDCOUNTY, PENNSYLVANIA I I v I NO. 94-2788 CIVIL TERM I MARK J. HARTRANFT, I CIVIL ACTION - CUSTODY Defendant I PRIOR JUDGEI The Honorable George E. Hoffer CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 19l5.J-8(b), the undersigned Custody Conciliator submits the following report I 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows I Allison Marie Shuff, born July 24, 1986, and Zachary Allen Hartranft, born May 25, 1990. 2. A Conciliation Conference was held on April 18, 1996, with the following individuals in attendance: The Father, Mark J. Hartranft, with hie counsel, William C. Vohs, Esquire, and the Mother, Judy K. Hartranft, with her counsel David P. Perkins, Esquire. J. The parties agree to the entry of an Order in the form as attached. tf k'J q! q c, D TE i \~\' ... , " c. ~\~:~\ n,() 1"- . ')' 'J ,f \ ~ 'I ~j \' " ,\\\ ...., -\ ..)\ ~' \" ~~ '. .,!~:~:j\:'\'y. ~l~~;S.\\J ,i \ ,. -~. ~} ,} H~ . " i \ , . tI .. . . . Ii - ._- A, Approximately a week ago, the minor child, Allison, attempted to commit suicide after yet another fight with FATHER's paramour. The Incident occurred at FATHER's home late In the evening hours, The Incident went unnoticed by FATHER, and It was not until Allison reportad for school the next morning that school officials rushed her to the hospital. Immediately upon learning of the Incident, MOTHER arrived at the hospital and Allison has been In her care ever since, MOTHER notified FATHER Immediately after arriving at the hospital, however FATHER elected not to come to the hospital to check on Alilson. B. After the above Incident, FATHER agreed to transfer primary custody of tho chlldron to MOTHER, however has refused to sign anything In writing for fear that his rlghlto collect child support from MOTHER would be waived, C. Since the above Incident, both children have been In the primary custody of MOTHER. D, MOTHER cannot enroll the children In school In her district unlll FATHER agrees In writing to a transfer In primary custody. Therefore, the children have not been In school for approximately one (1) week, E. In addition to the events described above, MOTHER conllnues to have serious concerns regarding the supervision of the children while at FATHER's home. FATHER has on numerous occasions left the parties' 13 year old daughter, Allison, In charge of baby-sitting her younger brother, Zachary, as well as FATHER's two other children with his current paramour (ages 1 and 2) which responsibility far exceeds Allison's capabilities, F, FATHER continues to exercise poor judgment with respect to the approprlata care of the children. Approximately two (2) weeks ago, while In FATHER's custody, the minor child, Zachary, telephoned MOTHER to say that he was scared and home sick from school, however no one was there to care for him, Zachary did not know where FATHER was, nor did he know where FATHER's paramour was, nor was he left any emergency contact numbers, AUG 2 4 199~) v IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 94-2788 CIVIL IN CUSTODY JUDY K. HARTI~NFT, Plaintiff MARIU. HARTRANFT, Defendant ~OU81' OltDEl! AND NOW, this .:J.t; day of August, 1999, upon consideration of the attached Custody Conclliatlon Rcport, it Is ordered Wld directed ns follows: I. 11115 court's prior order of May 9, 1996 is vacated. 2. The Mothcr, Judy K. lIartranfi, and thc Father, Mark J. Ilwonfi, shall enjoy shared legal custody of Allison Marie Shun~ born July 24, 1986 WId Zochor)' Allen HartrWlfi, born Moy 25, 1990. 3. 111e Father shall enjoy primory physicol custody of the minor children. 4. 111e Mother shall enjoy periods oftempornry physicol custody of the minor chihlren ns follows: A. On two out of three weekends from Friday at opprmdmolely 5:00 p.m. until Sundoy evening 01 approximately 7:00 p.m. B. During the summer months, the parties shall oHemote cuslody on a weekly bnsis on 0 schedule os oITWlged between the porties. Fur Ihe remainder of the summer of 1999, Mother sholl hove custody of the minor children from Monday, August 16d. through Monday, August 231d at 6:00 p,m. 01 which time she will retunl the children 10 the Father for the childrcn to stort school on August 25th. .. 5. " ~ , 1 . 0. , . I The parties shall alternate holidnys to Include 1.1Ibor Day, New Yenr's Doy, Easter, Memorial Day and July 4th. '\1le Mother sholl hovc I.obor Day of 1999 with Ihe parties alternating thercat\er. :ow , ~ . . 111e parties shallllltemnte custody on '\1ulIlkslllvinllunder two time framcs, the llrst time fnune beinll from Wednesday afiemoon 01 3:00 p.m. unlil '\1ll1rsdoy nt 3:00 p.m. Wld the second time fmmc beinll from Thursday at 3:00 p.m. until Friday at 6:00 p.m. 111e Father shall hove the llrslllme period in 1999 for 11mnksllivlnll. -A,;...h;j:~ ......, .. .~. F1lEO-O~FICE OF n 'J: r"0TL!(jI''OTAAY 99nrc-z PH ~ln6 CL7.ilji:I./JV\O COUNTY PENNSYI.I'AN:A , " .. , .. - '> .' .......-- . , ~ ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDY K. HARTRANFT, Plaintiff, NO. 94-2788 CIVIL v. CIVIL ACTION - LAW MARK J. HARTRANFT, Defendant. CUSTODY COURT ORDER AND NOW, this 11\... day of =:i) Jr~ ' Stipulation of the parties, it is ordered and di~ected 1999, upon as follows: 1. This court's prior order of August 25, 1999 is vacated. 2. The Mother, Judy K. Hartranft, and the Father, Mark Hartranft, shall enjoy shared legal custody of AlIi Marie Shuff, born July 24, 1986 and Zachary A Hartranft, born May 25, 1990. 3. The Mother shall enjoy primary physical custody of the minor children. 4. The Father shall enjoy periods of partial physical custody of the minor children as follows: A. Every other weekend from Friday at 5:00 o'clock p.m. until sunday approximately 7:00 o'clock p.m. B. During the summer months, the parties shall alternate custody on a weekly basis on a schedule as arranged between the partip.s. approximately evening at 5. The parties shall alternate holidays to include Labor Day, New Year's Day, Easter, Memorial Day and July 4th. The Father shall have Labor Day of 2000 with the parties alternating thereafter. 6. The palties shall alternate custody on Thanksgiving under two time h-ames, the fit-st time frame being from Wednesday afternoon at 3:00 o'clock p.m. until Thursday at 3:00 o'clock p.m. and the s8cond time frame being from Thursday at 3:00 o'clock p.m. until Friday at 6:00 o'clock p.m. The Mother shall have the first time period in 1999 for Thanksgiving. 7. The parties shall alternate the Christmas holiday under two time frames, the first being from December 24th at Labor Day, New Year's Day, Easter, Memorial Day and July 4th. The Father shall have Labor Day of 2000 with the parties alternating thereafter. D. The parties shall alternate custody on Thanksgiving under two time frames, the first time frame being from Wednesday afternoon at 3:00 o'clock p.m. until Thursday at 3:00 o'clock p.m. and the second time frame being from Thursday at 3: 00 0' clock p. m. until Friday at 6:00 o'clock p.m. The Mother shall have the first time period in 1999 for Thanksgiving. E. The parties shall alternate the Christmas holiday under two time frames, the first being from December 24th at 6:00 o'clock p.m. until Christmas Day at 2:00 o'clock p.m. and the second time frame being from Christmas Day at 2:00 o'clock p.m. until December 26th at 6:00 o'clock p.m. The Mother shall enjoy the first time frame for Christmas in 1999. F. The Mother shall always have custody of the minor children on Mother's Day and the Father shall always have custody of the minor children on Father's Day. The time frame shall be from 9: 00 o'clock a.m. until 5:00 o'clock p.m. G. For exchange of custody, transportation shall be handled with the parties selecting a point equidistant between their two homes at which they shall arrange a meeting for exchange of custody. 5. The parties agree and stipulate that this Stipulation may be entered as a Court Order and shall have the full force and effect of a Court Order whe:her or not entered as such, and in any event shall be incorporated into the original Custody Order and made a part thereof. IN WITNESS WHEREOF, the parties hereto execute this Stipulation with the intent that it be legally binding upon themselves on the date first above written. . . I' IN 'I'IIB COURT OF COMMON PI,BAS OF CUMBERLAND COUN'l'Y, PENNSYLVANIA JUDY K. HARTRANFT, NO. 94-2788 CIVIL Plaintiff, v. CIVIL ACTION - LAW MARK J. HARTRANFT, Defendant. CUSTODY CONSENT '1'0 ENTRY OF COURT ORDER I, MARK J. HARTRANFT, do hereby consent to the entry of a Court Order adopting the 1;111" (lq terms and conditions of the stipulation dated i cJ-0L\ctV MA~K J. HARTRANFT