HomeMy WebLinkAbout95-05163
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PENN STATE
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College of Medicine
University Hospital, Children's Hospital
The Milton S. Hershey Medical Center
Division of Pedla.rte SUflery
Roben E. Cilley, M,O.
Peter W. Dillon. M,O.
Thomu M. Krummel. M,O.. Chief
The Pennsylvanim Slate Univenily
P,Q. Bo~ 8'0
Henhey, Pennsylvania 17033
Telephone: (717)'31.8342
Telefm~: (717) '31.'011
October 17, 1995
Carlislo Early Education Center
RE: Michael Polltzer-Hardy MSHMC#578737
To Whom It May Concern:
This letter Is intended to outline somo oC tho health concerns experienced by this two year !I'Id
four month old boy with Kllppel-Trenaunay-Weber Syndrome. This syndrome Is characterized in
Michael by involvement oC the abdomen, pelvis, and lower extremities with mesodennal changes and
m~or venous malConnations. Ho has also experienced disparate growth in the lower extremities, and
in an attempt to mako him more mobile, he has undergono a left lower leg amputation and was fitted
with a prosthesis. This past summer, he underwent a partial amputation oC tho right Coot. Michael's
diseaso has manlCested itselC In many ways, including the risks of bleeding and infection. as well as
poor growth compounded by severe gastroesophageal reflux.
Understandably, Michael remains medically fragilo. Because of the vascular malConnation, ho
Is at Increased risk for venous bleeding into the tissues oC his extremities. His urimuy bladder, penis
and scrotum are also involved in the vascular malConnations, so ho not infrequently passes blood and
clots In his urine. Ho has had several episodes oC spontaneous bleeding from his extremities. These
episodes respond well to applied pressure, and the family has become quite adept at this treatment. As
such, concern Is raised reganllng any injury to the tissue involved in theso vascular malfonnations. In
order to provido support to tho tissues of his extremities, and to servo as a measure of prevention from -
injury, Michael wean an elastic garment called a Jobst stocking. Theso gannents are custom made
and rather expensive, so most Camilies only have one or two. When his gannents are being laundered,
olastlc bandages can be used to wrap his extremities in an attempt to provide similar support.
.
Because oC the venous lakes in his tissues, ho is at increased risk oC Infection to tho tlssuo
Involved with tho vascular malfonnatlons. This maniCests itself with symptoms of cellulitis, mainly
fever, warmth at tho site, redness, and the inCected tlssuo becomes more linn to the touch. This
requires treatment with antibiotics. Even though Michael is at increased risk for infection to his
extremities, we do not consider him at any more risk than every other child to the exposure to illness
Col.." p, Oru<:her. M.S.. R.D,
Nulrilion Speci;llin
Jane. H. Shield.. M.S.N.. C,R.N,P,
Clinical Nur>< Specl.lI..
...
,
that a child is subject to in a day care setting. Michael's immunizations are up to date, and with two
older siblings, he is subjected to the many childhood Illnesses in his own home. He regularly is cared
for by a wide variety of health care specialists, and his family is very good at identifying the
symptoms of Illness, and treatment is begun promptly.
Even with Michael's defonned extremities, with the aid of his prosthetic device, he Is
amazingly mobile. While we are concemed about his developmental delay, but he has made many
strides over the last year. He has participated in an early Intervention program, and the family has
participated with physical and occupational therapistS in the development of a goal oriented treatment
plan. He is progressing nicely, and adapting to the use of his prosthetic device. Years of experience
though have demonstrated to us that children with defonned or absent limbs learn early how to
accomplish their goals, and he has learned to adapt by cl11wllng and creeping.
Michael's growth is also of great concem; His height and weight are currently at the twentieth
percentile. This has been a constant battle for the family. The causes of this failure to thrive are
many and complex. As stated previously, the vascular malfonnatlons Involve the organs of his
abdomen, and arc quite large. Compression of his abdominal organs causing mechanical obstrUction
plays a large role. As such, vomiting and the inability to ingest adequate calories to support his many
needs is a constant problem. In addition, he has significant gastroesophageal reflux and as a result,
esophagitis. This is currently managed medically, with a combination of medications. The family has
been working with a nutritionist to provide a diet that is balanced and has nutritional supplements to
provide adequate calories for growth.
This letter has outlined the many medical challenges faced by this child and his family. '.
However, by spending just a few minutes with Michael, one is strUck by how "nonnal" Michaelis,
rather than how "disabled" he is. Exposure to children of his own age should have a very positive
effect on Michael. We see many more benefits than negative consequences.
We hope this letter has addressed your concerns. As always, if we can be of any further
service or infonnation to you, please do not hesitate to cail on us.
Sincerely,
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Veter W. Dillon, MiS
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Janet Hunter Shields, MSN, CRNP
Clinical Nurse Specialist
cc:
Dr. David Hardy 228 N. Baltimore Street, Apt. 3 Mount Holy Springs, PA
Mrs. Geneiva politzer IS W. Springvllle Road Boiling Springs, PA 17007
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PEN N STATE
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College of Medicine
University Hospital' Children's Hospital
The Millon S. Hershey Medical Cenler
Division of Pediatric Surgery
Robert E. Cilley. M,O.
Peler W. Dillon. M,O,
Thomas M. Krummel. M.D.. Chief
The Pennsylvania SUlle Vnivenlty
P,O, Bo~ 8~0
Hershey. PennsylvlUlia 17033
Telephone: (717) ~31.8342
Tele(lU: (717) ~31-~01l
October 17, 1995
Carlisle Early Education Cenler
RE: Michael Politzer-Hardy MSHMC#578737
To Whom It May Concem:
This letter Is intended to outline some of the health concerns experienced by this two year and
four month old boy with Klippel-Trenaunay-Weber Syndrome. This syndrome is characterized in
Michael by Involvement of the abdomen, pelvis, and lower extremities with mesodennal changes and
major venous malfonnatlons, He has also experienced disparate growth in the lower extremities, and
in an attempt to make him more mobile, he has undergone a left lower leg amputation and was fitted
with a proslhesis. This past summer, he underwent a panial amputation of the right foot. Michael's
disease has manifested itself in many ways, Including the risks of bleeding and infection, as well as
poor growth compounded by severe gastroesophageal reflux.
Understandably, Michael remains medically fragile. Because of the vascular malfonnation, he
is at increased risk for venous bleeding into the tissues of his extremities. His urinary bladder, penis
and scrotum arc also involved in the vaseular malfonnations, so he not infrequently passes blood and
clots in his urine. He has had several episodes of spontaneous bleeding from his extremities. These
episodes respond well to applied pressure, and the family has become quite adept at this treatment. As
such, concem is raised regarding any Injury to the tissue Involved in these vascular malfonnations. In
order to provide suppon to the tissues of his extremities, and to serve as a measure of prevention from
injury, Michael wears an elastic gannent called a Jobst stocking. These gannents are custom made
and rather expensive, so most families only have one or two. When his gannents are being laundered,
elastic bandages can be used to wrap his extremities In an attempt to provide similar suppon.
Because of the venous lakes in his tissues, he is at increased risk of infection to the tissue
involved with the vascular malfonnations, This manifests itself with symptoms of cellulitis, mainly
fever, wannth at the site, redness, and the infected tissue becomes more finn to the touch. This
requires treatment with antibiotics. Even though Michael is at increased risk for infection to his
extremities, we do not consider him at any more risk than every other child to the exposure to illness
Col..n P. G'cc<hcr. M,S.. R,O,
NUlrition Speciallu
Janel H, Shields. M,S.N.. C.R.N,p, .
Clinical Nurse Speclalisl
An &lu:al Opportunity Uni\'cnily
~:.
.
that a child is subject to in II day CIIrC setting. Michael's immunizations IIrC up to date, and with two
older siblings, he is subjected to the many childhood illnesses in his own home. He regulnrly is clll'l:d
for by a wide variety of health CIIrC specialists, and his family is very good at identifying the
symptoms of illness, and treannent is begun promptly.
Even with Michael's defonned eltlrCmities, with the aid of his prosthetic device, he is
amazingly mobile. While we IIrC concemed about his developmental delay, but he hIlS made many
strides over the IlISt yenr. He hIlS paniclpated in an enrly intervention program, and the family has
panicipated with physical and occupationaltherapislS in the development of a goal oriented trcannent
plan. He Is progressing nicely, and adapting to the use of his prosthetic device. Years of experience
though have demonstrated to us that children with defonned or absent limbs learn enrly how to
accomplish their goals, and he hIlS learned to adapt by cmwllng and creeping.
Michael's growth is also of great concem; His height and welghtllrC currently at the twentieth
percentile. This hIlS been a constlnt battle for the family. The causes of this failure to thrive IIrC
many and complex. As stated previously, the vasculnr malfonnations involve the organs of his
abdomen, and IIrC quite Inrge. Compression of his abdominal organs causing mechanical obstrUction
plays a large role. As such, vomiting and the Inability to Ingest adequate calories to support his many
needs is a constant problem. In addition, he hIlS significant gllStroesophageal reflux and lIS a result,
esophagitis. This Is currentiy managed medically, with a combination of medications. The family hIlS
been working with a nutritionist to provide a diet that is balanced and hIlS nutritional supplements to
provide adequate calories for growth.
This letter has outlined the many medical challenges faced by this child and his family.
However, by spending just a few minutes with Michael, one is strUck by huw "nonnal" Michael is,
rather than how "disabled" he is. Exposure to children of his own age should hllve II very positive
effect on Michllel. We see mMY more benefits IhM neglllive consequences.
We hope this letter hIlS IIddressed your concems, As IIlwllYs, if we can be of MY further
service or infonnlltion to you, please do not hesitllle 10 cllil on us.
Sincerely,
~;f (~d
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eter W. Dillon, Mo
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Ci}--t:. N. ..sL,u.--
JMet Hunter Shields, MSN, CRNP
ClinlclIl Nurse Specialist
cc: Dr. Dllvid Hnrdy 228 N. Baltimore Street, Apt. J Mount Holy Springs, PA
Mrs. Geneiva PolilZer IS W. Springviile ROlld Boiling Springs, P A 17007
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proposed schedule ror Michael's care. ?--" ,
I~EFENDANr.+
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. ~=r. by father. 8:~~~~rtzer]i,'i,;,..,{~".g::~I}!!f,'('
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on this day of Wednesday8l23,I99S':~.>,t6.iS,h."f.~
It is clear that we have nlready orully agreed to mnke decisions that affect Michael based on w tiS
perceived by parents to be in Micluu:l's best interest for his psychological. emotional,l1IllI medical well-
being. I propose we attempt to resolve decisions affecting Michael informnlly. If agreements on decisions
can not be reached, 1 propose seeking agreement with the help of a neutrnl third-party mediator. I also
believe and think you have agreed that court intervention or represenllltion by individUllllawyers should be
avoided if possible as that situation would undoubtedly have a negative impact on Michael.
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Prooosed Custody A2I'eement and Visitation Schedule:
1) Michael's custody and guardianship to be shared equally by mother and rather.
2) Michael to alternate weeks with rather and mother.
Michael to be picked up by parent who is to have him for the week between 4 PM and 5 PM on
Sundays.
A cbIDac in pick-up time may be unavoidable due to situatillllJ such as . Sunday trip.
retwn from an out-of-toWD weekend trip. illness. or simpty t.lichacl takioS I nap. Both
pamlb mustlp \0 I different pick-up time and thatlhe bcnefib would outweiSh the
ro~tioe cbIDll" experienced by Michael As soon as it is known that I chaose may need to
occur. the parent rcquestins Ihe chaose will luemptto reach Ihe other parent by phone to
Ivoid IIDIICCCSSlI'Y trips and lime.
3) Michael to alternate Wednesday evenings with parent who does not have him ror that
week.t
A proposed block of time would be from 5 PM 10 tl PM but may need to be changed depending on
worle schedules and day-care.
Routine and cmuistency should be emphasized", that once Ihe ..hedule is agreed upon.
both parenb will Inemptto mainwn the same times ror drop-off and pick-up.
Transportation durins Wednesday visitations to be Ihe responsibility or visitins parent.
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.' 4) Visiting parent to have the opportunity to spend some time with him on some or all
of the remaining days whleh are Mondays, Tuesdays, Thursdays, Fridays, and
Saturdays. t
I suggest limiting the time to 1 hour on weekdays and 3 hours on Saturdays. The dates. piclc-up.
and drop-off times should be agreed upon by both parents at least the day before the planned
visillltion but preferably sooner. I would suggest the parent who has had him for the week present
a schedule of these shorter visitations for discussion and a tenllltive plan made based on that
discussion on Sunday evenings. This will help both parents with their own weekly pianning.
These visillltions will need to be flexible tollCCommodate to Michael's needs as well as unexpected
but unavoidable changes in the parent's schedule. If Michael is. for example, ill or napping during
the shorter visillltion periods (and also on Wednesdays) it obviously would not be in his best
interest to tnke him out The parent who is requesting the change should aucmptto contact the
other by phone lIS soon as the need for a schedule change is realized to avoid unnecessary trips
and, if needed, discuss alternate plans.
t r", ",,",..11 far '"'" Z ull J (W,IIII"d., ,lIltadoll' .11II d.ll, ,lIlIadoll') II ,1uJ, II., /D MkluJr/',
,..., "" .1111 11,,11, far J","II' <Oil'"'' wll" bo,,, "",,"/1, ,,,, ,,,,u/.' l..p.<I oJ "11 p",,"/I """"ulOII
will 6, "d..,1I 6, dall, ar II,.N"II, <Oil'''' w'III 'II' ",Is/dll'" ",,"IIt.
Additional Items:
a) Father to provide full financial support to Michael and to mother for a period of three months since
the separation date of August 1. 1995 until November I, 1995. Mother to aggressively seek full-time
employment during that period. Both parents to work towards finding day-care for Michael in a setting
comfortable to both parents. Once mother is employed, Michael's costs to be shared by both parents
equally. I suggest we agree to discuss before-hand more expensive items (over $40.00) that are not
immediately essential for his well-being if we request reimbursement (50%) for the ilt.m. Michael to be
maintained on health insurance at all times and that is proposed to be father's responsibility. Father also
has a $50,000 life insurance policy for Michael which will be mainlllined. Should mother experience
financial difficulty after employment and after the three month time period to find employment, father to
pay for Michael's food. clothing, shelter. and other basic necd~ (rent, utilities, etc.) with the understanding
that this will be a short-tenn situation until mother improves the financial situation
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:.',' b) '. . Michael's weelc with mother will coincide with Stephen and David's weelc with mother to
maximize the time he and his brothers spend together. Should brothers' schedule suddenly change, an
.
, arrangement in which Michael's schedule is gradually synchronized (within a month'/) may be nCCCS8lll}' if
the change would cause hardship on Michael, mother, or father. This would be necessary if, for example,
Michael's day-all'C, planned activities, or parents' work schedules need rClldjustment which may take time.
c) Parents to maintain communication with ClICh other about Michael either oraliy or in writing to
discuss Michael's health and well-being. I suggest we give each other feedback from doctor visits,
changes In his medical condition and treatment, Early Interventions services, upcoming appointments, and
any other concerns that arc relevant to his care. This will facilitate consistency betwccn both parents in
their roles as parents of Michael.
(Not,: MicluJ" WQJ with lath,r from W,dntsda, 8/16/95 to Sunda, 8/20/9. Fint full
w"t b,gan Sunda, 8/20 and h, II curr,nt', with his moth".)
David Hardy
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d:\polilzer\prc'rla1.mcm file 1# 4895.95.01
GENEVA POLlTZER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 95.5163 CIVIL TERM
CUSTODY
Plaintiff
VB.
DAVID HARDY,
Defendant
eB..E::.IBJAL..QBANID!M
I, PROCEDURAL HISTORY
This action was commenced by a Complaint for Custody filed by Geneva Polltzer,
hereinafter Mother, on or about September 28, 1995. Mother has three (3) children, Stephen and
David, children to a prior marriage, and Michael Dylan Polltzer-Hardy, the subject of her Complaint.
.
Michael is two and one-half (2Y.1) years old and was born with Kllppel- Trenaunay-Weber Syndrome,
a vascular disorder so rare that experience with it and its treatment is limited. The Syndrome Is
marked by a malformation of Michael's lower body and vascular and lymphatic malformations. It
In patients chronic bleeding, both Internal and external. Essentially, lesions grow within Michael
In the lower part of his body, depriving the balance of his body of nutrition and competing with his
organs for space In Michael's body. In his brief life, Michael has suffered chronic reflux, and the
amputation of both feet.
After the parties separated, Mother had primary physical custody of Michael and Father had
liberal visitation. However, when Mother filed her Complaint, Father dissatisfied with the
arrangement, fjled, on the day after the Complaint was filed, a Petition for Special Relief,
representing that the parties had "shared" custody and seeking primary custody of Michael
d:\Jlolilze'\pro'rial.mem me /I 4S'IS.9S-ll1
pending a hearing. On the same day, Mother's attorney filed a Petition for Special Relief. The
Court ordered alternating weeks of custody.
Whfln It became epparentthat Father wished to place Michael In day-care during his week
.
of custody, Mother petitioned the Court for Special Relief once again, asking for a hearing. That
hearing was held on November 13,1995. Because testimony could not be completed, the hearing
was continued. However, in the Interim, the parties entered Into a Stipulation according to the
terms of which the parties alternated weeks of custody, but Mother cared for the child during the
times when Father was obliged to work.
Both parties seek primary custody of Michael.
II. WITNESSES
1. Joan Wagner: Ms. Wagner Is a nurse assigned to assist Mother with Michael's care and
will testify as to Mother's Interactions with Father, and her ability to provide care for Michael.
2. Rosemarie Merlino: Ms. Merlino is the MH/MR Case Worker for Michael and will testify
regarding Mcther's ability to care for her child.
3. Stanley F. Sears: Rev. Sears is the minister of the parties and will testify regarding the
parties' relative abilities to deal with Michael's Mother's ability to provide for Michael's needs
and Father's unwillingness to support Mother end child after December 1, 1995.
2
.
d:\poll'ur\prc'rill.mcm 01." 4895.95'()1
4, Cheryl McDonald: Ms. McDonald was the home nurse assigned to the Polltzer.Hardy
family and can testify regarding Mother's skillin caring for her child.
5. Aileen Marks: Ms. Marks was the home nurse assigned to the Polltzer.Hardy family and
can testify regarding Mother's skillin caring for her child,
6. Gilda Testa: Ms. Testa provided services In the parties' home and can testify about
Mother's ability to care for Michael.
.
7. Dr. Dorlyn Williams: Dr. Williams Is a friend of the family and was present In the marital
home and can testify about Mother's ability to care for her child and the demands placed
on her by Father.
8, Dr. Peter Dillon: Dr, Dillon Is Michael's surgeon and can testify regarding Mother's
accomplishments as a medical provider to Michael and also about Father's attempt to admit
Michael to the hospital. Dr. Peter Dillon will testify by telephone.
9. Janet Shields: Janet Shields Is Michael's pediatric nurse and can testify regarding Issues
of nutrition and care of Michael which have arisen between the parties.
10. Katy Vahey: Katy Vahey Is a friend of Mother's who spent considerable time In the marital
.
home and can testify regarding Father's attitude toward Mother and Mother's ability to care
for Michael.
11. Kelly Woods: Ms, Woods provided assistance to Mother after Michael's hospitalization In
December and can testify about the condition of her home,
J
d:\politzer\pretrlal.mem file II 4895-95-01
.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 95-5163 CIVIL TERM
CUSTODY
GENEVA POLl12ER,
VI.
DAVID HARDY,
Defendant
" 'i ,,6. /J f /' ~
AND now, this ~/"'.;-' day of '-Y-iLL<<k"-v , 1996, I, Carol J. Lindsay, Esquire, of the
q
law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys, hereby certify that I served
the within Pre-Trial Memorandum this day by hand delivery to:
Samuel W. Milkes, Esquire
JACOBSEN AND MILKES
52 East High Street
Carlisle, PA 17013
FLOWER, MORGENTHAL FLOWER & LINDSAY
Attorneys for Plaintiff
/7 .-/Jf
By: (~u\.(d . 1!!AUiJ~ ~
cJ Carol J. L1ndsli, ~e
10 # 44693
11 East High Street
Carlisle, PA 17013
(717) 243.5513
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SODUS a: VERNEY
AIllnoJI-M-Law
,$ '.0. Boa 936
. .' CIdIIlc, ....)'Ivula 11013
". ;.:o'iC;J111)~leo Pac&ImlIt (111) 24].9941
SEP Lb 1995
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GENEVA POLITZER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
N09S-,/PCIVIL lJ#% T.vvw...,
DAVID HARDY,
Defendant
CUSTODY
ORDER OF COURT
AND NOW, (date), upon consideration of the attached
complaint, it is hereby directed th~th~ parties and their
respective counsel appear before bHt- j. (~\ \\C'[ ~~/, ,
the conciliator, at ttthr\OOI t.,..,....t., (O~f'\'''''~l'
on the 3,J~ day of No~r-mb,.r ,
199~ at '1':5J1I.m" for a Pre-Hearing Custody Conference. At
such conference, an effort will be made to resolve the issues in
dispute; or if this cannot be accomplished, to define and narrow
the issues to be heard by the court, and to enter into a
temporary order. Failure to appear at the conference may provide
grounds for entry of a temporary or permanent order.
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.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required
by law to comply with the Americans with Disabilities Act of
1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business
before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business
before the court. You must attend the scheduled conference or
hearing.
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Date
concerning the child pending in a court of this Commonwealth.
8. The plaintiff does not know of a person not a party to
the proceedings who has physical custody of the child or claims
to have custody or visitation rights with respect to the child.
9. The best interest and permanent welfare of the child
will be served by granting the relief requested because mother is
the primary care giver of the child. Mother quit her job ~nd has
stayed home to care for the child full-time since he was born.
10. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
child have been named as parties to this action.
WHEREFORE, the plaintiff requests this Court to grant
primary legal and physical custody of the child to the plaintiff
with reasonable supervised visitation granted to the defendant as
may be mutually agreed by the parties.
Respectfully submitted,
SODUS & VERNEY
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Daniel J. So us,
1.D. No. 63114
7 Irvine Row
Carlisle, PA 17013
717/243-9190
Attorney for Plaintiff
YERIFICA'l'ION.
The above-named plaintiff, Geneva politzer, verifies that
the statements made in the above complaint are true and correct.
The plaintiff understands that false statements herein are made
subject to the penalties of 16 Pa. C.S. 9 4904, relating to
unsworn falsification to authorities.
Date: 1/;,?jQS
Plaintiff
.
.
DAVID HARDY,
Defendant
1 IN THE COURT OF COMMON PLEAS OF
1 CUMBERLAND COL~TY, PENNSYLVANIA
1
1
I
1
1 NO. 95-5163 CIVIL TERM
I
I CIVIL ACTION - CUSTODY
GENEVA POLITZER,
plaintiff
V.
ORDER OF COURT
AND NOW, this 28th day of SEPTEMBER, 1995, both requests for
primary physical custody and a request for a hearing is DENIED.
Each party shall have primary physical custody for a period of
one week and alternating on a weekly basis.
The week shall start at 6100 p.m. Sunday until 6100 p.m. the
following Sunday. The mother shall have physical custody
starting Sunday, October 1, 1995.
The parent not having physical custody shall have partial
physical custody on Wednesday, from 4100 p.m. to 8100 p.m.
Neither parent shall smoke or permit others to smoke in the
immediate presence of the child.
The Court further directs the case be referred to a custody
conciliator and thio order shall remain in effect until that
time.
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Daniel J. Sodus, Esquire
For the Plaintiff
Samuel Milkes, Esquire
For the Defendant
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GENEVA POLITZER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO.
: CIVIL ACTION. LAW
: CUSTODY
V.
DAVID HARDY,
DeCendant
DEFENDANT'S PETITION FOR SPECIAL RELIEF
COMES NOW, the DeCendant in the above-reCerenced action, Dr. David Hardy,
by his attorney, Samuel W. Milkes, Esq., Jacobsen & Milkes, and respectfully requests
oC this Court that it enter an Order directing that the DeCendant have primary custody
oC the child, Michael Dylan Politzer-Hardy, Cor the Collowing reasons, and based upon
the following assertions:
1. On or about September 28, 1995, Plaintiff med a Complaint in Custody
and Petition Cor Special RelieC, which is currently pending before the Honorable Harold
Sheely.
2. The DeCendlUlt asserts that various items contained within the Custody
Complaint and Petition Cor Special Relief are inaccurate. They include the following:
a. The child resided Crom his date oC birth, June 27, 1993, until
November 4, 1994 at the following address: 171 East Old York Road, Carlisle,
Cumberland County, Pennsylvania. FroID November 5, 1994 until August I, 1995, he
resided at the 15 W. Springville Road, Boiling Springs, Pennsylvania. Since August
I, 1995, the child has resided jointly, on an alternating week basis, with each parent.
When residing with the Cather, this has been at 228 North Baltimore Avenue, Apt. 3,
Mt. Holly Springs, Cumberland County, Pennsylvania. The parents have shared
custody of the child since their separation on or about August 1, 1995. The mother
has not had primary custody during this period of time.
b. Since Father became aware of child's respiratory condition, while
both parents are smokers, father is making every effort to keep from the child any
smoke of any nature.
c. The Father has always properly cared for the medical and
medication needs of the child Michael.
d. The Mother is currently employed at a day-care attended by the child
and, contrary to her Complaint for Custody averments, she is not at home to care for
the child.
e. The Father has never refused to return the child to Mother, at the
end of custody periods, but rather has insisted on making it clear to Mother that
despite her IlSsertions, she did not have Court-directed custody or any greater right of
custody than Father.
3. Certain significant and urgent problems exist under the current shared
custody arrangement, whenever the mother has care of the child Michael. They
include the following:
a. Mother's inconsistency in administering scheduled essential
medications to the child Michael, causing the child ill health effects.
b. Mother's inability to adequately IlSsist Michael in his eating needs.
This is of special concern with respect to this particular child since his disability
includes eating problems in which he has dilliculty keeping food down. The child is
currently significantly below normal weight level for his pge. In addition, Mother feeds
the child foods which are known to cause vomiting and sickness to the child.
4. Contrary to Mother's Petition for Special relief, Father has never agreed
to provide Mother primary custody of the child and had, in fact, always proposed a
shared arrangement, to which Mother had previously agreed.
5. It is necesBary for the Court to Order a primary custody arrangemellt
with the Father and to place conditions upon Mother's visitation with the child based
upon the following additional circumstances:
a. Mother's inability to properly feed and medicate the child.
b. Mother's failure to consistently apply protective coverings to the
child's bandaged right foot or to have the child wear protective pants over the
bandages as directed by the child's Physical Therapist. Such coverings are necessary
to keep the bandpges clean and dry and prevent skin breakdown and infection.
c. Mother's inability to maintain a clean, safe and sanitary
environment, in that dirty diapers are left on the floor, the home is kept unclean, and
tools, including power tools, are left available to the child as a result of Mother's
construction projects.
d. Mother's risky behavior, including recent actions which resulted
in a warrant for arrest being issued against her.
e. Mother's having strange visitors in the home, hikers on the
Appalachian Trail, who have stolen various items from the home, including the child's
own prosthetic device. Mother has continued this behavior, even after telling Father
she would discontinue the behavior.
f. Mother's failure to use a safety belt on the car seat restraint for
the child.
g. Mother's disruptive and unpredictable behavior toward Father, in
front of the child.
h. Mother's attempts to add a foster child to her household by
misrepresenting to the agency her current family situation.
1. Mother's failure to adequately supervise the child, wWch once
resulted in a stranger/truck driver bringing the child to the house, having found the
child sitting in the road.
WHEREFORE, for the above-referencedreasons Defendant respectfully requests
that the cWld be immediately placed in the Father's legal custody, that the Father be
given primary physical custody, and that conditions be placed on the Mother's contact
with the child, to assure that the child's medical and physical needs are met.
1(%{1)
Respectfully submitted,
~~'
'BY: Samuel W. Milkes, Esq.
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
Attorney No. 30130
David Hardy, Petitioner herein, verifies that the statements made in the above
Petition are true and correct to the best ofWs knowledge, information and belief. The
Petitioner understlUlds that false statements made herein are made subject to the
penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities.
<=t(J.~ C(.;-
~ .--Q k ::=()
Davi Hardy -
#-
GENEVA POLITZER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95-5163
v.
.
.
: CML ACTION - LAW
: CUSTODY
DAVID HARDY,
Defendant
PREHEARING CUSTODY MEMORANDUM
This case is scheduled for a custody hearing before the Honorable Harold E.
Sheely on February 26, 1996 at 9:00 a.m. The dispute involves custody of Michael
Dillon Politzer-Hardy, born June 27, 1993. It is anticipated that the matter will not
be settled and that the hearing will last the entire day. pursuant to the Court's Order
of December 21, 1995, the psrties were directed to me ten days before the hearing
date, a Memorandum, setting forth the history of the custody proceedings, each party's
respective position on custody, as well as a list of witnesses that will be called to testify
on behalf of each party, with a summary of the testimony anticipated from each (by
agreement, the parties shared by faxed letter a list of potential witnesses and agreed
to me this Memorandum by midday February 21, 1996).
This child has a rare and life-threatening disease, called Klippel-Trenaunay-
Weber Syndrome. This medical condition has resulted in multiple surgeries, including
the amputation of one foot, the reconstruction of the other, and several intrusive
surgeries, nearly from birth to the present time.
The parents separated in the summer of 1995. Unable to reach an agreement
regarding custody of the child, the mother initiated this custody proceeding. Each
1
.
parent rued a PetitioD. for Special Relief. Theile Petitionl resulted In the Court's Order
of September 28, 1995, providing for temporary CUlltOdy. Ultimately, a hearing was
held before the Honorable Harold E. Sheely on November 6, 1995. At this hearing, the
parties testified, and mother called Dr. Holly Bauer, the child's pediatrician. The
hearing WIl8 continued with tho Court continuing In effect the September 28
arrangement, and directing that In the Interim, the child not be placed In childcare.
The parties then agreed to continue the temporary custody arrangements In effect
until a full custody hearing.
The temporary arrangements, al per the Court's prior Order, allow for shared
physical and legal cUlltody. The parties altornate custody every other week, and a
holiday schedule Is also In place. Tho parties also agreed to various particulars
regarding the child'l time with other family members, and regarding medical needs of
the child. Because the father works full time and the mother doesn't, it was agreed
that when father wal not avallable to care for child during his weeks, due to hill
employment, the child would be In the care of mother.
WITNESSES WHICH DEFENDANT INTENDS TO CALL
The partiel have agreed that to the extent possible, medical professionals called
to testifY will do 110 by conference call, rather than personal appearance.
DR. DAVID HARDY' As the Defendant and father, Dr. Hardy will be testifying as
to the fathering he has provided Michael, and will include in this testimony the
bonding which has occurred between father and son and the special ability he has
developed to care for Michael's special medical needs. He will also be testifying as to
2
his concerns about Plaintiff/mother's parenting skills, including the appropriateness
of her conduct in front of the child, and about mother's ability to care for Michael's
special medical needs.
ANN MARIE RIPPLEY: As the paternal grandmother, Ms. Rlppley has spent quite
a bit of time with the parents while in the presence of Michael. She will be testifYing
about her observations of each of the parents, while Michael has been in his or her
care. She will be testifYIng as to the qualities father brings to this child and concerns
about the mother's care for this child.
NURSE CONNIE HAUCK: As the nurse who regularly counsels with father out of
the offices of Dr. Lee Miller, this person will testify as to father's stability to care for
his child.
KAREN WOODINGS: This individual will testifY as to concerns about mother's
home environment.
GILDA TESTA: This physical therapist for the child will testify as to Michasl's
special needs, her observations of the parents' households, and her observations of
conduct of the parents.
PATRICIA HOWARD: This therapist for the child will testify as to Michael's special
needs, her observations of the parents' households, and her observations of conduct
of the parents.
KATHLEEN McGRATH: This therapist for the child will testify as to Michael's
special needs, her observations of the parents' households, and her observations of
conduct of the parents.
3
MARILYN MURPHY: This stepmother of mother's other two children will testifY
88 to her observations oBhe parents' households and her observations of the parents,
88 they relate to the child.
WALTER HARDY: The brother of father will tebtifY 88 to his observations of the
parents' households and his observations of the parents, 88 they relate to the child.
SUZANNE HARDY: The sister-In-law of father will testilY as to her observations of
the parents' households and her observations ofthe parents, as they relate to the child.
ALLAN GAMBLE: This supervisor of father will testify as to father's stability and
father's priority for the child's needs. He will also testify 88 to his personal
observations, regarding care for the child.
MARIA LIFRAK: Dr. Hardy's father's fiancee will testify as to her observations of
care and treatment of Michael in her presence, by mother and father.
DR. PETER DILLON: As a surgeon treating the child, this person will testifY as to
Michael's special needs and he will testify as to his personal observations of the
parents when they have been in his presence, with the child.
JANET SHIELDS: As a clinical nurse specialist in the offices of Dr. Peter Dillon,
this person will testifY as to Michael's special needs and she will testifY 88 to her
personal observations of the parents when they have been in her presence, with the
child.
4
DR. ROSS DEeTER: As the child's primary physician at the Hershey medical
Center, this person will testifY as to Michael's special needs and he will testifY as to
his personal observations of the parents when they have been in his presence, with the
child.
STAN SEARS: This person will testify as to his observations of each of the parents
when they have been responsible for caring for the child.
DR. JANE SHUMWAY: As an individual who has counseled both mother and father,
this person will testify as to medications prescribed each of them, and as to the mental
health of each.
DR. ATILLA DEVENYI: As a surgeon for the child. this person will testifY as to the
special medical needs, as they relate to custody issues, and as to his personal
observations of each of the parents with the child.
ReS:0SUbmit~ /~
,~~/
BY: Samuel . Milkes, Esq.
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
Attorney No. 30130
5
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-5163 CIVIL TERM
GENEVA POLITZER,
Plaintiff
DAVID HARDY,
Defendant
CIVIL ACTION - CUSTODY
MOTION FOR LEAVE TO WITHDRAW FROM REPRESENTATION
The Petitioner and her attorney, Daniel J. Sodus, Esquire,
represent the following:
1. Daniel J. Sodus, Esquire has not filed a formal praecipe
entering an appearance on behalf of Petitioner in the above
captioned matter.
2. On or about September 28, 1995, Daniel J. Sodus, Esquire
filed a Complaint for Custody, a Peti tion to Proceed In Forma
pauperis, and a Petition for Special Relief for Petitioner in the
above captioned matter.
3. Irreconcilable di fferences have arisen between Peti tioner
and Counsel regarding the progress of the above captioned matter.
4. It is in the best interest of Petitioner to retain new
counsel.
5. A conciliation in this matter has been scheduled before
Hubert X. Gilroy, Esquire on the 30th day of November, 1995 at 9:30
a.m. on the fourth floor of the Cumberland County Courthouse.
6. Petitioner's interest is not prejudiced by counselor's
request to withdraw from representation.
7. peti tioner has been provided copies of all pleadings
filed in her behalf and filed in behalf of David Hardy.
t . . '
. .
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the
within Motion by first class mail, to the following persons at the
following addresses:
Geneva Poll tzer
15 West springville Road
Boiling Springs, PA 17007
Samuel Milkes, Esquire
Jacobsen & Milkes
52 E. High Street
Carlisle, PA 17013
Respectfully submitted,
SODUS & VERNEY .
/~-') . /( ..(.
( BYY''/ I',' .,/' :/,--i(<'_~
Daniel J. So s~ Esquire
1.0. No. 63114
7 Irvine Row
Carlisle, PA 17013
717/243-9190
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
GENEVA POLlTZER,
PlaintilT
No, 95-5163
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CUSTODY
DAVID HARDY,
Defendant
MOTION TO OUASH SUBPOENA
Ross M. Decter, M,D., by and through his attorneys, McQuaide, Blasko, Schwartz,
Fleming & Faulkner, Inc., hereby moves to quash a subpoena in the above-captioned matter and
in support thereof avers as follows:
I. Dr. Decter is a physician employed by The Milton S, Hershey Medical Center,
Hershey, Pennsylvania, as an Associate Professor of Pediatric Urology.
2. On February 20, 1996, Dr, Decter received the subpoena, a copy of which is
attached hereto as Exhibit "A", directing him to appear on Monday, February 26,1996, at 9:00
a.m., to testifY in a hearing in the above-captioned matter,
3. The receipt of the subpoena by Dr. Decter was the first notice or information he
had received concerning a possible need to be in attendance at the hearing scheduled for February
26, 1996.
4. On February 26, 1996, Dr. Decter has a full schedule of patient appointments.
Between thirty (30) and forty (40) patients are scheduled to be seen on that date, with
appointments commencing at 8:00 a.m. and running continuously through 6:00 p.m.
5, Many of these patients have had these appointments scheduled at least two months
in advance and must arrange their own work and school schedules to appear for their appointments,
6. In the event Dr. Decter is required to attend the hearing on February 26, 1996,
many, ifnot all, of these appointments will have to be canceled and rescheduled, to the great
inconvenience of these patients, Dr, Decter reasonably believes, and therefore avers, that many of
these patients have scheduled time olTfrom employment or school in order to be seen by Dr.
Decter, and the inconvenience and disruption to these patients by cancellation on such short
notice would be substantial,
7. Dr. Deeter is willing to appear at a deposition scheduled at a mutually convenient
time for all parties, and/or is willing to appear at a hearing provided that sufficient notice of the
date and time of the hearing is furnished so that patients are not scheduled for appointments at the
specified date and time for his appearance,
WHEREFORE, Ross M. Decter, M.D" respectfully moves this Court pursuant to Rule
234.4 of the Pennsylvania Rules of Civil Procedure to quash the subpoena attached hereto as
Exhibit " A", in order to protect Dr, Decter and his patients scheduled to be seen on the date and
time fixed by the subpoena for an appearance, from unreasonable annoyance, oppression, and
burden.
Respectfully submitted,
Date: February 21, 1996
McQUAIDE, BLASKO, SCHWARTZ,
FLEMING & F AUL~R, INC.
By: /l /'v<<J/;/{IAJ--
R. Mark Faulkner, Esquire
Supreme Court 1.0. No, 15618
Attorneys for Dr, Decter
811 University Drive
State Coliege, PA 16801
(814) 238-4926
2
. ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
GENEVA POLITZER,
plaintitt
No. 95-5163
v,
DAVID HARDY,
Detendant
I CUSTODY
I
I
C~TIFICATK OF SERVICE
I hereby certity that e true and correct copy ot the Motion
to QuaSh Subpoena and Rule to Show Cause, in the above-captioned
matter was served via peraonal delivery on this 21st day at
February, 19915" to Samuel W. Milk.., Eaquire at Jacobsen'
Milkea, 52 East Hiqh Street, carliale, PennSYlvania 17013-3085.
McQUAIDB, BLASKO, SCHWARTZ,
FLEMING' FAULKNER, INC.
By: /J Ab..""'- /JjfO'AA.J 0
R. ".ltlc F:~lkner,"'!.q.
811 Univeraity Drive
state Colleqe, PA 16801
(814) 238-4926
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LAW OffiCES
A 11Ull'I1..\\IlH~^I. c(1M.l'Ul^llll~
FLOWER, MORGENTHAL, FLOWER & LINDSAY
II EAST HIGH STREET
CARLISLE. PENNSYLVANIA 17013-3016
JAMI!S 0, nOweR
RooeR M, MOI~Ol!N'n IAI.
JAMI!S 0, noweR. Jlt
CAROL J, I.INOSA V
(711) 2U.~m
I',\X: (717) 213.(,\111
November 6. 1995
The Honorable Harold E. Sheely
CUMBERLAND COUNTY COURT HOUSE
One Courthouse Square
Carlisle. PA 17013
RE: Polltzer v. Hardy
No. 95.5163: Custody
Dear Judge Sheely:
IIl1r\'SCII & MOllCmmllAl.
(l'm.I'IIlS)
--
I'LOWllR. KRAMeR
MOllOENTllAl.81 B.OWl!l~
(I'JR.\.1'l92)
I enclose a copy 01 the Petition which you will hear this morning at 11 :00. I
understand that your schedule permits liS to have an hour and a hall. I will be presenting
the testimony 01 my client and Michael's pediatrician, Dr. Holly Hollman Bauer.
Very truly yours,
FLOWER. MORGENTHAL, FLOWER & LINDSAY. P.C.
CJL\llb
Enclosure
cc: Semuel L. Mllkes. Esq,
Geneve Polltzer
FlI. '4896.96.01
. .:\pollrur.JlCI Ole" 4H')5.')5411
GENEVA POLITZER,
PlalntlN/Petltloner
VB.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 95-5163 CIVIL TERM
DAVID HARDY,
Defendant/Respondent
IN CUSTODY
ORDER OF COURT
AND now this
day of November , 1995, after a brief hearing
and the opportunity to hear the positions of MOTHER, FATHER and the child's pediatrician, this
Court's Order of September 28, 1995, is hereby modified so that pending the outcome of
MOTHER's Petition for Custody, MOTHER shal/ have primary physical custody of Michael Pol/tzer-
Hardy.
By the Court,
J.
, .:\po1101cr'l'''l file' ~8?I.').I.o1
GENEVA POLlTZER,
Plaintiff/Petitioner
VB.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 95.5163 CIVIL TERM
DAVID HARDY,
Defendant/Respondent
IN CUSTODY
I.fE
NOW comes Geneva Polltzer, by and through her counsel, FLOWER, MORGENTHAL,
FLOWER & LINDSAY, P.C., and petitions this Honorable Court as follows:
1. The parties are husband and wife, having been Joined In marriage on October 24,
1992.
2. The marriage was a first marriage for Respondent, hereinafter FATHER, and a third
marriage for Petitioner, hereinafter MOTHER.
3. One child, Michael, was born of the marriage on June 27, 1993,
4. Petitioner resides In the marital home at 15 West Springvllle Road, Bolling Springs,
Pennsylvania with Michael and his half.brothers, Stephen Politzer, age 9, and David Polilzer, age
8.
5. Prior to Michael's birth, the parties agreed that MOTHER would remain at home to
care for him at least until he entered kindergarten, Certainly after Michael's birth, It was clear
MOTHER could not work because Michael was born severely handicapped.
, a:\poli...er,pcl file' 4K?5.').I~J1
6, Michael suffers from Kllppel.TrenalJnay-Weber Syndrome, a vascular disorder so rare
that experience with Its treatment is limited. The syndrome Is marked by malformation of Michael's
lower body and vascular and lymphatic malformations. It occasions chronic bleeding, frequently
resulting In the elimination of blood clots with urine, and accompanied by great pain to Michael.
In addition, Michael vomits frequently, and his digestion is Incomplete so that his nutrition must be
carefully monitored. He has undergone the amputation of one loot. A fuller description of
Michael's condition and Its effect on him has been provided by his specialists at Hershey Medical
Center, Peter W. Dillon, M.D., and Janet Hunter Shield, M,S,N" C,R.N,P, which Is attached hereto
as Exhibit "A".
7. After Michael's birth, MOTHER was the prime care-giver during the day, and the
parties shared the care of Michael in the evening when FATHER was present. Nonetheless,
MOTHER, by virtue of her greater contact with the child and his doctors In Carlisle and at Hershey
Medical Center, became the family expert, In fact, FATHER looked to MOTHER for instruction In
learning to care for Michael.
8. MOTHER, In the opinion of Gilda Testa, the child's developmental therapist, knows
how to monitor Michael's behavior so that she knows when intervention with Michael is necessary.
Ms. Testa never had the opportunity to watch FATHER care lor Michael.
9. rhe partiea separated on August 1, 1095, when FATHER left the marital home to live
In a one-roon; apartment.
2
. .'\POIIU...pcl rue I 48'/5.'/5./11
10. Between August 1, 1995 and August 23, 1995, FATHER had custody of Michael
between 4:00 p.m. and 8:00 p.m. on some days. During this same pariod of time, he had the child
overnight on two occasions.
11. On August 23, 1995, FATHER proposed to MOTHER that they share alternate weeks
with Michael. This MOTHER refused.
12. Between August 23, 1995 and September 28, 1995 when this Court entered a
Temporary Order, FATHER had the child on one weekend and during some evenings. Custody
was not, as FATHER stated In his Petition for Emergency Relief, shared between the parties. In
fact, the Court Order of September 28, 1995 instituted an alternating week schedule of custody
which was never the status quo.
13. After the entry of the Temporary Order on September 28, 1995, MOTHER complied
with the terms thereof, but developments concerning the child have taken place In the Interim
which make it Impossible for her to continue without asking the Court to once again reconsider
Mlchael's welfare:
A. Subsequent to the Court's Order on September 28, 1995,
FATHER commenced his first week of custody of Michael on Sunday,
October 1,1995. In the late evening of October 1,1995, or the early
morning of October 2, 1995, FATHER, who has a history of abuse of
prescription medication, felt it necessary to admit himself into Holy
I
)
, I:\polirzcr.pcl file' 4R').J.').~-Ol
Spirit Hospital for treatment and/or detoxification. Rather than call
MOTHER and ask her to watch Michael during his voluntary
hospltailzation, FATHER called the child's specialist, Peter W. Dillon,
M.D., and requested Dr. Dillon to admit Michael to the hospital for
malnutrition. MOTHER believes, and therefore avers, that FATHER
made this request to avoid having to return the child to her within
twenty-four hOlJrs of having picked him up. Further, FATHER
attempted to admit Michael, who has a terror of hospitalization when
such an admission, as revealed by Dr. Dillon's refusal to admit Michael,
was not In the child's Interest.
B. FATHER works during the day, often long hours. During his
aiternatin9 weeks of custody subsequent to the September 28, 1995
Court Order, care of the child during the day l1as been provided by
FATHER's mother, who resides out of the State, and Is there
employed, and who comes to Pennsylvania on alternating weeks to
provide care for Michael. FATHER insists on using his mother for child
care despite the fact that FATHER initially agreed MOTHER could
provide day care and the fact that MOTHER has requested repeatedly
that she be permitted to provide daycare for Michael, and FATHER's
,
, .'\J>ollltcr.pc. m. , 48'J5.95-1l1
mother, although a kind and decent woman, has not had the skilled
training and experience which MOTHER has to care for Michael. As
a result, Michael has been returned to MOTHER after a week In
FATHER's care with skin and nutritional problems, and In a "crisis"
condition.
C. Since separation, FATHER has Insisted that MOTHER place
Michael In daycare so that she can work to support herself. Although
MOTHER believes that some socialization for Michael would be In hlo
Interest, she Is opposed to full-time placement In daycare.
Nevertheless, FATHER insists that he will place Michael In fuil-tlme
daycare during his alternating weeks of custody because his mother
can no longer come to care for Michael. MOTHER believes, and
therefore avers, that FATHER's commitment to an equal sharing of
Michael's time results in part, at least, from a desire to avoid or
minimize the obligation of child and spousal support, and Is less
motivated by a sincere belief that the socialization needs of this two-
year old must be met by full-time daycare.
15. MOTHER believes that Michael does need socialization, but that his socialization
needs can be best met, considering his extreme susceptibility to Infection, by participation, at least
.\
. .'\J>oU....r.pc. fiI., 4R95.95-1l1
Initially, In programs such as the Gymboree Program, (a two-day a week, one-hour program with
other children where a parent can attend), and by the Options Program offered by United Cerebral
Palsy, which offers children interaction with each other In a fully integrated setting for two hours,
one to two mornings per week, again with parental Involvement. Time In such programs with
strong parental Involvement might be Increased as Michael has tolerance for them over time.
16. Although MOTHER realizes that she cannot present to the Court all of the reasons
In favor of her having primary physical custody, she asks the Court to reconsider Its Order of
September 28, 1995, and to provide to her primary physical custody of Michael pending the
hearing.
FLOWER, MORGENTHAL FLOWER 8< LINDSAY, P.C.
Attorneys for Plaintiff/Petitioner
By:
f!4t&/~
Carol 4lndSay, Esquire
10 # 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
I.
PEN N STATE
;)
College of Medicine
University Hospital. Children's Hospital
The Milton S. Hershey Medical Center
Division ot Pedla.rlc SUl'ltf)'
Roben E. Cilley, M,D.
Peler W. Dillon, M,D.
Thomu M. Krummel. M,D.. Olef
The Pennsylvania Slate University
P.O. Box 8'0
Hershey. Pennsylvania 170.3
Telephone: (717) '31-8342
Telefu: (717) '31.'011
October 17, 1995
Carlisle Early Education Center
RE: Michael Politzcr.Hardy MSHMCII578737
To Whom It May Concem:
This letter is intended to outline some of the health concerns eXllerienced by this two year !l"d
four month old boy with Klippel-Trenaunay-Weber Syndrome. This syndrome is characterized in
Michael by involvement of the abdomen, pelvis, and lower extremities with mesodermal changes and
major venous malformations. He has also experienced disparate growth in the lower extremities, and
in an attempt to make him more mobile, he has undergone a left lower leg amputation and was fitted
with a prosthesis. This past summer, he underwent a partial amputation of the right foot. Michael's
disease has manifemed itself in many ways, including the risks of bleeding and infection, as well as
poor growth compounded by severe gastroesophageal reflux.
Understandably, Michael remains medically fragile, Because of the vascular malformation, he
Is at increased risk for venous bleeding into the tissues of his extremities, His urilUll)' bladder, penis
and scrotum are also involved in the vascular malformations, so he not infrequently passes blood and
clots in his urine. He has had several episodes of spontaneous bleeding from his extremities. These
episodes respond well to applied pressure, and the family has beGome quite adept at this treattnent. As
such, concern is raised regarding any injury to the tissue involved in these vascular malformations. In
order to provide SUppOrlto the tissues of his extremities, and to serve as a measure of prevention from
injury, Michael wears an elastic garment called a Jobst stocking. These garments are cUllom made
and rather expensive, 50 most fL'1lilies only have one or two. When his garments are being laundered,
elastic bandages can be used to wrap his extremities in an attempt to provide similar support. '
Because of the venous lakes in his tissues, he is at increased risk of infection to the tissue
involved with the vascular malformations. This manifests itself with symptoms of cellulitis, mainly
fever, warmth at the site, redness, and the infected tissue becomes more firm to the touch. This
requires treattnent with antibiotics. Even though Michael is at increased risk for infection to his
extremities, we do not consider him at any more risk than every other child to the exposure to illness
Coloon p, Uroechor, M.S.. R.D.
:-Iulnlion Spoci.Ii'1
).nol H. Shiold" M.S.N.. C.R.:-I.P.
Clini,;1.I Nu~ SpC'ciali!'i1
An l:4u0I1 Oppm1unllY Uni\C!f\ll)'
that a child Is subject to in a day care setting. Michael's immunizations an: up to date, and with two
older siblings, he Is subjel:ted to the many childhood illnesses In his own home, He regularly is cared
for by a wide variety of health care spel:ialists, and his family is vel)' good at IdentifYing the
symptoms of Illness, and treatment is begun promptly.
Even with Michael's deformed extremities, with the aid of his prosthetic device, he is
amazingly mobile, While we are concerned about his developmental delay, but he has made many
strides over the last year, He bas participated In an early intervention program, and the family has
participated with physical and occupllllonal therapists in the development of a goal oriented treatment
plan. He Is progressing nicely, and adapting to the use of his prosthetic device, Yean of experience
though have demonstrated to us that children with deformed or absent limbs learn early how to
accomplish their goals, and he has learned to adapt by crawling and creeping,
Michael's growth is also of great concern; His height and weight are currently at the twentieth
percentile, This has been a constant battle for the family, The causes of this failure to thrive are
many and complex. As stated previously, the vascular malformations Involve the organs of his
abdomen, and are quite large. Compression of his abdominal organs causing mel:hanical obstrUction
plays a large role. As such, vomiting and the Inability to ingest adequate calories to support his many
needs is a constant problem, In addition, he has significant gastroesophageal reflux and as a result,
esophagitis. This Is currently managed medically, with a combination of medications, The family has
been working with a nutritionist to provide a diet that is balanced and has nutritional supplements to
provide adequate calories for growth,
This letter has outlined the many medical challenges faced by this child and his family,
However, by spending just a few minutes with Michael, one is strUck by how "normal" Michaelis.
rather than how "disabled" he Is. Exposure to children of his own age should have a vel)' positive
effel:t on Michael. We see many more benefits than negative consequences,
We hope this letter has addressed your concerns. As always, if we can be of any further
service or information to you, please do not hesitate to call on us.
Sincerely,
\l j c'l
/;-....}'" '1 ( ! l ,':,. '- .
. I '.. .......
. }.tf",.,,--,,- \, "'-"..... ......'...' --->
}Jeter W. Dillon, MD .
,
g._f. 10/. ..s1....J ct.--
Janet Hunter Shields, MSN, CRNP
Clinical Nurse Specialist
co:
Dr. David Hardy 228 N. Baltimore Street, Apt. 3 Mount Holy Springs, PA
Mrs. Geneiva Politzer IS W. Sprlngville Road Bolling Springs, PA 17007
,
'.
.:\J>ollllCr.pcl m., 4R9.1.'/.WI
,
VB.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO, 95-5163 CIVIL TERM
GENEVA POLlTZER,
Plaintiff/Petitioner
DAVID HARDY,
Defendant/Respondent
IN CUSTODY
o
NOW comes Geneva polltzer, by and through her counsel, FLOWER, MORGENTHAL,
FLOWER & LINDSAY, P.C., and petitions this Honorable Court as follows:
1. The parties are husband and wife, having been Joined In marriage on October 24,
1992,
2, The marriage was a first marriage for Respondent, hereinafter FATHER, and a third
marriage for Petitioner, hereinafter MOTHER.
3, One child, Michael. was born of the marriage on June 27, 1993.
4. Petitioner resides In the marital home at 15 West Sprlngville Road, Boiling Springs,
Pennsylvania with Michael and his half-brothers, Stephen Politzer, age 9, and David Politzer, age
8,
5. Prior to Michael's birth, the parties agreed that MOTHER would remain at home to
care for him at least until he entered kindergarten. Certainly after Michael's birth, it was clear
MOTHER could not work because Michael was born severely handicapped.
.'\J>olilUr.pcl file' .IR9S.'/S-Il1
.
6, Michael suffers from Klippel-Trenaunay-Weber Syndrome, a vascular disorder so rare
that experience with Its treatment Is limited. The syndrome Is marked by malformation of Michael's
lower body and vascular and lymphatic malformations, It occasions chronic bleeding, frequentiy
resulting In the elimination of blood clots with urine, and accompanied by great pain to Michael.
In addition, Michael vomits frequently, and his digestion is incomplete so that his nutrition must be
carefully monitored. He has undergone the amputation of one foot. A fuller description of
Michael's condition and Its effect on him has been provided by his specialists at Hershey Medical
Center, Peter W. Dillon, M.D.. and Janet Hunter Shield, M.S,N., C.R.N.P. which is attached hereto
as Exhibit "A".
7. After Michael's birth, MOTHER was the prime care-giver during the day, and the
parties shared the care of Michael in the evening when FATHER was present. Nonetheless,
MOTHER, by virtue of her greater contact with the child and his doctors In Carlisle and at Hershey
Medical Center, became the family expert. In fact, FATHER looked to MOTHER for instruction In
learning to care for Michael.
8. MOTHER, In the opinion of Gilda Testa, the child's developmentai therapist, knows
how to monitor Michael's behavior so that she knows when Intervention with Michaelis necessary.
Ms. Testa never had the opportunity to watch FATHER care for Michael.
9. The parties separated on August 1, 1995, when FATHER left the marital home to live
In a one-room apartment.
1
.'\J>ollt.er.pc' file' 4895-'/5./11
10. Between August 1, 1995 and August 23, 1995, FATHER hed custody of Michael
between 4:00 p.m. and 8:00 p.m. on some days. During this same period of time, he had the child
overnight on two occasions.
11. On August 23,1995, FATHER proposed to MOTHER that they share alternate weeks
with Michael. This MOTHER refused.
12, Between August 23, 1995 and September 28, 1995 when this Court entered a
Temporary Order, FATHER had the child on one weekend and during some evenings. Custody
was not, as FATHER stated In his Petition for Emergency Relief, shared between the parties. In
fact, the Court Order of September 28, 1995 instituted an alternating week schedule of custody
which was never the status quo.
13. Afte( the entry of the Temporary Order on September 28, 1995, MOTHER complied
with the terms thereof, but developments concerning the child have taken place In the Interim
which make It Impossible for her to continue without asking the Court to once again reconsider
Michael's welfare:
A. Subsequent to the Court's Order on September 28, 1995,
FATHER commenced his first week of custody of Michael on Sunday,
October 1, 1995, In the late evening of October 1, 1995, or the early
morning of October 2, 1995, FATHER, who has a history of abuse of
prescription medication, felt it necessary to admit himself into Holy
J
.:\J>oll.ur.pcl file' 489$.9.1.01
Spirit Hospital for treatment and/or detoxification. Rather than call
MOTHER and ask her to watch Michael during his voluntary
hospitalization, FATHER called the child's specialist, Peter W. Dillon,
M.D., and requested Dr. Dillon to admit Michael to the hospital for
malnutrition. MOTHER believes, and therefore avers, that FATHER
made this request to avoid having to return the child to her within
twenty.four hours of having picked him up. Further, FATHER
attempted to admit Michael, who has a terror of hospitalization when
such an admission, as revealed by Dr. Dillon's refusal to admit Michael,
was not In the child's interest.
B. FATHER works during the day, often long hours. During his
alternating weeks of custody subsequent to the September 28, 1995
Court Order, care of the child during the day has been provided by
FATHER's mother, who resides out of the State, and Is there
employed, and who comes to Pennsylvania on alternating weeks to
provide care for Michael. FATHER insists on using his mother for child
care despite the fact that FATHER initially agreed MOTHER could
provide day care and the fact that MOTHER has requested repeatedly
that she be permitted to provide daycare for Michael, and FATHER's
4
.:\J>oll...r.pcl m., 48'J.I.'/~-Il1
mother, although a kind and decent woman, has not had the skilled
training and experience which MOTHER has to care for Michael. As
a result, Michael has been returned to MOTHER after a week In
FATHER's care with skin end nutritional problems, and In a "crisis"
condition.
C, Since separation, FATHER has Insisted that MOTHER place
Michael In daycare so that she can work to support herself. Although
MOTHER believes that some socialization for Mlchaei would be In his
Interest, she Is opposed to full-time placement In daycare.
Nevertheless, FATHER Insists that he will place Michael In full-time
daycare during his alternating weeks of custody because his mother
can no longer come to care for Michael. MOTHER believes, and
therefore avers, that FATHER's commitment to an equal sharing of
Michael's time results In part, at least, from a desire to avoid or
"
,
minimize the obligation of child and spousal support, and is less
motivated by a sincere belief that the socialization needs of this two-
year old must be met by full-time daycare.
15. MOTHER believes that Michael does need socialization, but that his socialization
needs can be best met, considering his extreme susceptibility to Infection, by participation, at least
.\
a,~II...r.pcl
Initially, In programs such as the Gymboree Program, (a two-day a week. one-hour program with
other children where a parent can attend), and by the Options Program offered by United Cerebral
Palsy, which offers children Interaction with each other in a fully Integrated setting for two hours,
one to two mornings per week, again with parental Involvement. Time in such programs with
strong parental Involvement might be Increased as Michael has tolerance for them over time.
16. Although MOTHER realizes that she cannot present to the Court all of the reasons
In favor of her having primary physical custody, she asks the Court to reconsider Its Order of
September 28, 1995, and to provide to her primary physical custody of Michael pending the
hearing.
FLOWER, MORGENTHAL FLOWER 8< LINDSAY, P.C.
Attorneys for Plaintiff/petitioner
By:
Carol J. indsay, Esquire
10 # 44693
11 East High Street
Carlisle, Pb. 17013
(717) 243-5513
(,
PENN STATE
;)
College of Medicine
University Hospital. Children's Hospital
The Milton S, Hershey Medical Center
Division ot Pedla.rtc sUl'le..,.
Raben Eo Cilley, M.D.
Peltr W. Dillon, M.D,
Thomu M. Krummel. M.D.. Cl1lef
The PennsylvlSl\la Stale University
P.O. Box 8'0
Hershey, Pennsylvania 17033
Telepnone: (717) '31-8342
Teleru: (717) 531-'011
October 17, 1995
Carlisle Early Education Center
RE: Michael Politzer.Hardy MSHMCIIS78737
To Whom It May Concern:
This letter is intended to outline some of the health concerns experienced by this two year !Uld
four month old boy with Kllppel.Trenaunay-Weber Syndrome. This syndrome is characterized in
Michael by involvement of the abdomen, pelvis, and lower extremities with mesodennal changes and
m~or venous malfonnations. He has also experienced disparate growth In the lower extremities. and
In an attempt to make him more mobile, he has undergone a left lower leg amputation and was fitted
with a prosthesis. This past summer, he underwent a partial amputation of the right foot. Michael's
disease has manifested Itself in many ways, including the risks of bleeding and infection, as well as
poor growth compounded by severe gastroesophageal reflux.
Undemandably, Michael remains medically fragile, Because of the vascular malfonnation, he
Is at Increased risk for venous bleeding Into the tissues of his extremities. His urinary bladder, penis
and scrotum are also involved in the vascular malfonnations, so he not infrequently passes blood and
clots in his urine. He has had several episodes of spontaneous bleeding from his extremities. These
episodes respond well to applied pressure, and the family has become quite adept at this treatment. As
such, concern is raised regarding any injwy to the tissue involved in these vascular malfonnations. In
order to provide support to the tissues of his extremities, and to serve as a measure of prevention from .
injury, Michael wears an elastic gannent called a Jobst stocking. These gannents are custom made
and l1!her apensive, so most families only have one or two. When his gannents are being laundered,
elastic bandages can be used to wrap his extremities in an attempt to provide similar support. '
Bec:aase of the venous lakes in his tissues, he is at increased risk of infection to the tissue
involved with the vascular malfonnations, This manifests itself with symptoms of cellulitis, mainly
fever, WBITllth at the site, redness, and the infected tissue becomes more finn to the touch. This
requires trtatment with antibiotics. Even though Michael is at increased risk for infection to his
extremities, we do not consider him at any more risk than every other child to the exposure to illness
Coleen P. (j~echer, M,S., R.D.
SUlrilion Specl.lisl
J.nel H. Shield!. M.S.N.. C.R.N.P.
Cllnicol Nu",e Speciallll
that a child is subject to in a day care setting. Michael's immunizations an: up to date, and with two
older siblings, he is subj~ to the many childhood illnesses in his own home, He regularly is cared
Cor by a wide variety of health care specialists, and his family is vel)' good at identifyi'Jg the
symptoms of illness, and treatment is begun promptly.
Even with Michael's defonned extremities, with the aid of his prosthetic device, he is
amazingly mobile, While we an: concerned about his developmental delay, but he has made many
strides "ver the last year. He has participated in an early intervention program, and the family has
participated with physical and occupational therapists in the development of a goal oriented trealment
plan, He is progressing nicely, and adapting to the use of his prosthetic device. Years of experience
though have demonstrated to us that children with defonned or absent limbs learn early how to
accomplish their goals, and he has learned to adapt by crawling and creeping,
Michael's growth is also of gmIt concern: His height and weight an: currently at the twentieth
percentile. This has been a constant battle for the family. The causes of this failure to thrive are
many and complex. As stated previously, the vascular malfonnalions involve the organs of his
abdomen, and an: quite large. Compression of his abdominal organs causing mechanical obstruction
plays a large role. As such, vomiting and the inability to ingest adequate calories to support his many
needs is a constant problem, In addition, he has significant gastroesophageal reflux and as a result,
esophagitis. This is currently managed medically, with a combination of medications, The family has
been working with a nutritionist to provide a diet that is balanced and has nutritional supplements to
provide adequate calories for growth.
This letter has outlined the many medical challenges faced by this child and his family.
However, by spending just a few minutes with Michael, one is struck by how "nonnal" Michaelis,
rather than how "disabled" he is, Exposure to children of his own age should have a very positive
effect on Michael. We see many more benefits than negative consequences.
We hope this letter has addressed your concerns. As always, If we can be of any further
service or infonnalion to you, please do not hesitate to call on us,
Sincerely,
~ ~ I ~Jl
r.-..J 1/ /1'" :
/ ' l, '1 I. l, .,.... \ '
. I I,..........
.. }./...........,.- \, p., ........ ........ -.J
P"eter W. Dillon, MD
.
9-....1:. 1/. ..s1...u.oJ
Janet Hunter Shields, MSN, CRNP
Clinical Nurse Specialist
c:c:
Dr. David Hardy 228 N. Baltimore Street, Apt. 3 Mount Holy Springs, PA
Mrs. Geneiva Politzer IS W, Springville Road Boiling Springs, PA 17007
,
'.
.:\poIltur,,,' m., 489.\.'I.WI
, , .
GENEVA POLlTZER,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 95-5163 CIVIL TERM
VI,
DAVID HARDY,
Defendant/Respondent
IN CUSTODY
L
NOW comes Geneva polltzer, by and through her counsel, FLOWER, MORGENTHAL,
FLOWER & LINDSAY, P.C., and petitions this Honorable Court as follows:
1. The parties are husband and wife, having been Joined In marriage on October 24,
1992,
2. The marriage was a first marriage for Respondent, hereinafter FATHER, and a third
marriage for Petitioner, hereinafter MOTHER.
3. One child, Michael, was born of the marriage on June 27, 1993.
4. Petitioner resides In the marital home at 15 West Sprlngvllle Road, Bolling Springs,
Pennsylvania with Michael end his half.brolhers, Stephen Polilzer, age 9, and David Politzer, age
8.
5. Prior to Michael's birth, the parties agreed that MOTHER would remain at home to
care for him at least until he entered kindergarten, Certainly after Michael's birth, It was clear
MOTHER could not work because Michael was born severely handicapped.
,.,\poIi~.r.J1l'! file' 48'15.'/5.01
6. Michael suffers from Klippel-Trenaunay-Weber Syndrome, a vascuiar disorder so rare
that experience with Its treatment Is limited. The syndrome Is marked by malformation of Michael's
lower body and vascular and lymphatic malformations. It occasions chronic bleeding, frequently
resulting In the elimination of blood clots with urine, and accompanied by great pain to Michael.
In addition, Michael vomits frequentiy, and his digestion is incomplete so that his nutrition must be
carefully monitored. He has undergone the amputation of one foot. A fuller description of
Michael's condition and Its effect on him has been provided by his specialists at Hershey Medical
Center, Peter W. Dillon, M.D., and Janet Hunter Shield, M.S,N., C.R.N.P. which Is attached hereto
as Exhibit 'A".
7. After Michael's birth, MOTHER was the prime care-giver during the day, and the
parties shared the care of Michael in the evening when FATHER was present. Nonetheless,
MOTHER, by virtue of her greater contact with the child and his doctors In Carlisle and at Hershey
Medical Center, became the family expert. In fact, FATHER looked to MOTHER for Instruction in
learning to care for Michael.
8. MOTHER, In the opinion of Gilda Testa, the child's developmental therapist, knows
how to monitor Michael's behavior so that she knows when intervention with Michaelis necessary.
Ms, Testa never had the opportunity to watch FATHER care for Michael.
9. The parties separated on August 1,1995, when FATHER left the marital home to live
In a one.room apartment.
~
. .:~111er,,,,'. me' 4895.')5.01
10. Between August 1, 1995 and August 23, 1995, FATHER had custody of Michael
between 4:00 p,m. and 8:00 p.m. on some days. During this same period of time, he had the child
overnight on two occasions.
11. On August 23,1995, FATHER proposed to MOTHER that they share alternate weeks
with Michael. This MOTHER refused.
12, Between August 23, 1995 and September 28, 1995 when this Court entered a
Temporary Order. FATHER had the child on one weekend and during some evenings. Custody
was not, es FATHER stated in his Petition for Emergency Relief, shared between the parties. In
fact, the Court Order of September 28, 1995 Instituted an alternating week scheduie of custody
which was never the status quo.
13, After the entry of the Temporary Order on September 28, 1995, MOTHER complied
with the terms thereof, but developments concerning the child have taken place in the interim
which make it Impossible for her to continue without asking the Court to once again reconsider
Michael's welfare:
A. Subsequent to the Court's Order on September 28, 1995,
FATHER commenced his first week of custody of Michael on Sunday,
October 1, 1995. In the late evening of October 1, 1995, or the early
morning of October 2, 1995. FATHER, who has a history of abuse of
prescription medication, felt it necessary to admit himself into Holy
3
. .:\poIi~"r,flC~ file Ii .&RI)S.9.~.OI
Spirit Hospital for treatment and/or detoxification. Rather than call
MOTHER and ask her to watch Michael during his voluntary
hospitalization, FATHER called the child's specialist, Peter W. Dillon,
M.D., and requested Dr. Dillon to admit Michael to the hospital for
malnutrition. MOTHER believes, and therefore avers, that FATHER
made this request to avoid having to return the child to her within
twenty-four hours of having picked him up. Further, FATHER
attempted to admit Michael, who has a terror of hospitalization when
such an admission, as revealed by Dr. Dillon's refusal to admit Mlchaei,
was not in the child's Interest.
B. FATHER works during the day, often long hours. During his
aiternatlng weeks of custody subsequent to the September 28, 1995
Court Order, care of the child during the day has been provided by
FATHER's mother, who resides out of the State, and Is there
employed, and who comes to Pennsylvania on alternating weeks to
provide care for Michael. FATHER Insists on using his mother for child
care despite the fact that FATHER initially agreed MOTHER could
provide day care and the fact that MOTHER has requested repeatedly
that she be permitted to provide daycare for Michael, and FATHER's
~
,.:\polJ~r,pcl. m., 48'/5.9.\-Il1
mother, although a kind and decent woman, has not had the skilled
training and experience which MOTHER has to care for Michael. As
a result, Michael has been returned to MOTHER after a week In
FATHER's care with skin and nutritional problems, and In a "crisis"
condition.
C, Since separation, FATHER has Insisted that MOTHER place
Michael In daycare so that she can work to support herself. Allhough
MOTHER believes that some socialization for Michael would be in his
Interest, she is opposed to full-time placement in daycare.
Nevertheless, FATHER Insists that he will place Michael in full-time
daycare during his alternating weeks of custody because his mother
can no longer come to care for Michael. MOTHER believes, and
therefore avers, that FATHER's commitment to an equal sharing of
Michael's time results In part, at least, from a desire to avoid or
minimize the Obligation of child and spousal support, and Is less
motivated by a sincere belief that the socialization needs of this two-
year old must be met by full-time daycare.
15. MOTHER believes that Michael does need socialization, but that his socialization
needs can be best met, considering his extreme susceptibility to Infection, by participation, at least
.\
~
I, the undersigned, hereby verify that the statements made herein are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. ~
4904, relating to unsworn falsification to authorities,
~~~:litzer
Date: rl/'1hJ
PENN STATE
;)
College of Medicinc
University Hospital. Children's Hospital
Thc Milton S, Hershey Medical Center
Division 01 Pediatric su.....,.
Roben E. Cilley, '1.0.
Peltr W. DlIIan. M.D.
Thomu M. Krummel. M.D.. Cl1lef
The Pennsylvania Swe Unlvcnlry
P,O, Box 8'0
Henhey, Pennsylvania 17033
Telephone: (717) '31.8341
Telefl1X: (717) '31.'011
October 17, 1995
CarliJlo Early Education Center
RE: Michael Polltzer.Hardy MSHMC#578737
To 'Nhom It May Concern:
This letter is intended to outline some of the health concerns experienced by this two year !l"d
four month old boy with Kllppel-Trenaunay.Weber Syndrome. This syndrome Is characterized In
Michael by involvement of the abdomen, pelvis, and lower extremities with mesodennal changes and
major venous malfonnatlons. He has also experienc:cd disparate growth in the lower extremities, and
in an attempt to make him more mobile, he has undergone a left lower leg amputation and was fitted
with a prosthesiJ. This past summer, he underwent a partial amputatilln of the right fooL Michael's
disease has manifested Itself In many ways, Including the risks of bleeding and infection, as well as
poor growth compounded by severe gastroesophageal reflux.
Understandably, Michael remains medically fragile. Because of the vascular malfonnatlon, he
Is at Increased risk for venoUS bleeding Into the tissues of his extremities. His urinaIy bladder, penis
and scrotum are also involved In the vascular malfonnations, so he not infrequently passes blood and
clots In his urine. He has had several episodes of spontaneous bleeding from his extremities. These
episodes respond well to applied pressure, and the f:unlly has become quite adept at this treatment. As
such, con~ is raised regarding any injury to the tissue involved In these vascular malfonnatlons. In
order to provide suppon to the tissues of his extremities, and to serve as a measure of prevention from .
Injury, Michael wears an elastic garment called a Jobst stocking, These garments are custom mado
and rather expensive, so most families only have one or two, When his garments are being laundered,
elastic bandages can be used to wrap his extremities in an attempt to provide similar support. ·
Because of the venous lakes In his tissues, he is at Increased risk of infection to the tissue
Involved with the vascular malfonnatlons. This manifests itself with symptoms of cellulitis, mainly
fever, wumth at the site, redness, and the infected tissue becomes more fllTll to the touch. This
requires treatment with antibiotics, Even though Michaelis at Increased risk for infection to his
extremities, we do not consider him at any more risk than every other child to the exposure to I1Iness
Coleen P. O....hcr. 101.5,. R,D.
Nutrition Speclallsl
lonel H. Shields. M,S,N.. C.R.N.P.
Clinical Nu... Spcclall'l
An &lua1 OppnnunilY Unh-t"ll)'
that a child Is subject to in a day care setting. Michaet's ImmunizatlolU arc up to date, and with two
older siblings, he Is subjected to the many childhood illnesses in his own home. He Rlgularly Is carcd
for by a wide variety of health care specialists, and his family Is very good at Identifying tho
symptoms of illness, and treatment is begun promptly.
Even with Michael's dofonned extremities, with tho aid of his prosthetic device, ho Is
amazingly mobilo, Whilo we arc concerned about his developmental delay, but ho bas made many
strides over tho last year. Ho has participated In an early interVention program, and tho limily has
participated with physical and occupational therapists in tho development of a goal oriented treatment
plan, Ho Is progressing nicely, and adapting to tho uso of his prosthetic device. Y cars of experience
though havo demonstrated to us that children with dofonned or absent limbs learn early how to
accomplish thoir goals, and ho has learned to adopt by crawling and c:recping.
Michael's growth is also of great concern; His height and weight arc currently at tho twentieth
percentilo, This bas been a constant battlo for the family. Tho causes of this failuro to thrivo arc
many and complex. As staled previously, tho vascular malfonnatlolU involvo tho organs of his
abdomen, and arc quite largo. Compression of his abdominal organs causing mechanical obstructloD
plays a largo role, As such, vomiting and tho inability to Ingest adequate calories to support his many
needs is a COlUtant problem. In addition, ho has significant gastroc5ophageal reflux and as a result,
esophagitis, This is currently managed medically, with a combination of medlcatlolU. Tho famlly has
been working with a nutritionist to provide a diet that is balanced and has nutritional supplements to
provldo adequate calories for growth.
This letter bas outlined tho many medical challenges faced by this child and 1I1s family.
Ho:>vever, by spending just a fow minutes with Michael, ono Is struck by how "nonnal" Michaelis,
rather than how "disabled" he Is. Exposure to children of his own ago should havo a very positive
effect on Michael. We see many more benefits than negative consequences.
We hope this letter has addressed your concerns, As always, if wo can be of any further
service or illfonnatlon to you, pleaso do not hesitate to call on us.
Sincerely,
~ " I ~~ J
........ 1// 'I ." :
/J ~,"1 I . t /..','. ~'" III
- }.............- ,I /,.,': ....:. ----)
Ifeter W. Dillon, MD ..
,
q......e 10/. ..sk.tOol
Janet Hunter Shields, MSN, CRNP
Clinical Nune Specialist
c:c:
Dr, David Hardy 228 N. BaltirnoRl Street, Apt 3 Mount Holy Springs, PA
Mrs. Oeneiva PolilZCr IS W, Springville Road Boiling Springs, PA 17007
.
"
a:\paIitur.pcl file' "K')5.').~.0I
.
. .
GENEVA POLlTZER,
Plaintiff/petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 95-5163 CIVIL TERM
VB.
DAVID HARDY,
Defendant/Respondent
IN CUSTODY
AND now this
day of November
, 1995, after a brief hearing
and the opportunity to hear the positions of MOTHER, FATHER and the child's pediatrician, this
Court's Order of September 28, 1995, is hereby modified so that pending the outcome of
MOT~ER'S Petition for Custody, MOTHER shall have primary physical custody of Michael politzer-
Hardy.
By the Court,
J.
.'\J>oli'lCf.pcl me' 4895.'/~~1I
. ,
GENEVA POLllZER,
Plaintiff/petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-5163 CIVIL TERM
VB.
DAVID HARDY,
Defendant/Respondent
IN CUSTODY
NOW comes Geneva polltzer, by and through her counsel, FLOWER, MORGENTHAL,
FLOWER & LINDSAY, P,C., and petitions this Honorable Court as follows:
1, The parties are husband and wife, having been Joined in marriage on October 24,
1992.
2. The marriage was a first marriage for Respondent, hereinafter FATHER, and a third
marriage for Petitioner, hereinafter MOTHER.
3, One child, Michael, was born of the marriage on June 27, 1993.
4, Petitioner resides In the marital home at 15 West Springville Road, Boiling Springs,
pennsylvania with Michael and his half-brothers, Stephen politzer, age 9, and David politzer, age
8,
5. Prior to Michael's birth, the parties agreed that MOTHER would remain at home to
care for him at least until he entered kindergarten. Certainly after Michael's birth, It was clear
MOTHER couid not work because Michael was born severely handicapped,
me , 4895.?5-1l1
6, Michael suffers from Klippei-Trenaunay-Weber Syndrome, a vascular disorder so rare
that experience with its treatment Is limited. The syndrome Is marked by malformation of Michael's
lower body and vascular and lymphatic malformations. It occasions chronic bleeding, frequentiy
resulting In the elimination of blood clots with urine, and accompanied by great pain to Michael.
In addition, Michael vomits frequently, and his digestion Is Incomplete so that his nutrition must be
carefully monitored. He has undergone the amputation of one foot. A fuller description of
Michael's condition and Its effect on him has been provided by his specialists at Hershey Medical
Center, Peter W. Dillon, M.D., and Janet Hunter Shield, M.S.N., C.R.N.P. which is attached hereto
as Exhibit "A".
7. After Michael's birth, MOTHER was the prime care-giver during the day, and the
parties shared the care of Michael in the evening when FATHER was present. Nonetheless,
MOTHER, by virtue of her greater contact with the child and his doctors In Carlisle and at Hershey
Medical Center, became the family expert. In fact, FATHER looked to MOTHER for Instruction In
learning to care for Michael.
8. MOTHER, in the opinion of Gilda Testa, the child's developmental therapist, knows
how to monitor Michael's behavior so that she knows when intervention with Michaelis necessary.
Ms. Testa never had the opportunity to watch FATHER care for Michael.
9. The parties separated on August 1,1995, when FATHER left the marital home to live
in a one-room apartment.
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10. Between August 1, 1995 and August 23, 1995, FATHER had custody of Michael
between 4:00 p.m. and 8:00 p.m. on some days. During this same period of time, he had the child
overnight on two occasions.
11. On August 23, 1995, FATHER proposed to MOTHER that they share alternate weeks
with Michael. This MOTHER refused.
12. Between August 23, 1995 and September 28, 1995 when this Court entered a
Temporary Order, FATHER had the child on one weekend and during some evenings. Custody
was not, as FATHER stated in his Petition for Emergency Relief, shared between the parties. In
fact, the Court Order of September 28, 1995 instituted an alternating week schedule of custody
which was never the status quo.
13. After the entry of the Temporary Order on September 28, 1995, MOTHER complied
with the terms thereof, but developments concerning the child have taken place In the interim
which make It Impossible for her to continue without asking the Court to once again reconsider
Michael's welfare:
A. Subsequent to the Court's Order on September 28, 1995,
FATHER commdnced his first week of custody of Michael orrSunday,
October 1,1995. In the late evening of October 1,1995, or the early
morning of October 2, 1995, FATHER, who has a history of abuse of
prescription medication, felt it necessary to admit himself into Holy
3
.:\polillef.rc' file # 4RI}5.f)~-OI
Spirit Hospital for treatment and/or detoxification. Rather than call
MOTHER and ask her to watch Michael during his voluntary
hospitalization, FATHER called the child's specialist, Peter W. Dillon,
M.D., and requested Dr. Dillon to admit Michael to the hospital for
malnutrition. MOTHER believes, and therefore avers, that FATHER
made this request to avoid having to return the child to her within
twenty-four hours of having picked him up. Further, FATHER
attempted to admit Michael, who has a terror of hospitalization when
such an admission, as revealed by Dr. Dillon's refusal to admit Michael,
was not in the child's Interest.
B. FATHER works during the day, often iong hours. During his
alternating weeks of custody subsequent to the September 28, 1995
Court Order, care of the child during the day has been provided by
FATHER's mother, who resides out of the State, and Is there
employed, and who comes to Pennsylvania on alternating weeks to
provide care for Michael. FATHER insists on using his mother for child
care despite the fact that FATHER initially agreed MOTHER could
provide day care and the fact that MOTHER has requested repeatedly
that she be permitted to provide daycare for Michael, and FATHER's
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.:\poliucr,pcl me 11 48'/5.9.~-Il1
mother, although a kind and decent woman, has not had the skilled
training and experience which MOTHER has to care for Michael. As
a result, Michael has been returned to MOTHER after a week In
FATHER's care with skin and nutritional problems, and In a "crisis"
condition.
C. Since separation, FATHER has Insisted that MOTHER place
Michael in daycare so that she can work to support herself. Although
MOTHER believes that some socialization for Michael would be in his
Interest, she Is opposed to full-time placement in daycare.
Nevertheless, FATHER insists that he will place Michael In full-time
daycare during his alternating weeks of custody because his mother
:lan no longer come to care for Michael. MOTHER believes, end
therefore avers, that FATHER's commitment to an equal sharing of
Michael's time results in part, at least, from a desire to avoid or
minimize the obligation of child and spousal support, and Is less
motivated by a sincere belief that the socialization needs of this two.
year old must be met by full-time daycare.
15, MOTHER believes that Michael does need socialization, but thai his socialization
needs can be best met, considering his extreme susceptibility to infection, by participation, at least
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Initially, In programs such as the Gymboree Program. (a two-day a week, one.hour program with
other children where a parent can attend), and by the Options Program offered by United Cerebral
Palsy, which offers children interaction with each other In a fully integrated setting for two hours.
one to two mornings per week, again with parental Involvement. Time In such programs with
strong parental Involvement might be increased as Michael has tolerance for them over time.
16, Although MOTHER realizes that she cannot present to the Court all of the reasons
In favor of her having primary physical custody, she asks the Court to reconsider Its Order of
September 28, 1995, and to provide to her primary physical custody of Michael pending the
hearing.
FLOWER, MORGENTHAL FLOWER 8< LINDSAY, P.C.
Attorneys for Plaintiff/Petitioner
By:
Carol J. indsay, Esquire
10 # 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
r,
EXHIBIT" A"
PEN N STATE
;;
College of Medicine
University Hospital. Children's Hospital
The Milton S, Hershey Medical Center
DlvWon ot Pediatric sUl'lery
Roben E. Cilley, M.D.
Peter W. Dillon. M.D.
Thomu M. Krummel. M.D.. Cl1lef
The Pennsylvania Swc Unlverslry
P.O. Box 8'0
Hershey, Pennsylvania 17033
Telephone: (717) '31.8342
Telefu: (117) m.,oll
October 17, 1995
Carlisle Early Education Center
RE: Michel Polltzer.Hardy MSHMCII578737
To Whom It May Concem:
This letter is intended to outline some of the health concems experienced by this two year and
four month old boy with K1ippel.Trenaunay.Weber Syndrome. This syndrome is characterized in'
Michel by involvement of the abdomen, pelvis, and lower extremities with mesodermal changes and
major venous malformations, He has also experienced disparate growth in the lower extremities, and
in an attempt to make him more mobile, he has undergone a left lower leg amputation and was fined
with a prosthesis. This past summer, he underwent a partial amputation of the right foot Michel's
disea.,e has manifested itself in many ways, including the risks of bleeding and infection, as well as
poor growth compounded by severe gastroesophageal reflux.
Understandably, Michael remains medically fragile. Because of the vascular malformation, he
Is at increased risk for venous bleeding into the tissues of his extremities. His urinary bladder, penis
and scrotum are also involved in the vascular malformations, so he not infrequently passes blood and
clots in his urine. He has had several episodes of spontaneous bleeding from his extremities. These
episodes respond well to applied pressure, and the family has become quite adept at this treatment. As
such, conCern is raised regarding any injury to the tissue involved in these vascular malformations, In
order to provide support to the tissues of his extremities, and to serve as a measure of prevention from
injury, Michael wears an elastic garment called a Jobst stocking. These garments are custom made
and rather IlXpenslve, so most families only have one or two. When his garments are being laundered,
elastic bandages can be used to wrap his extremities in an atlemptto provide similar support. '
Because of the venous lakes in his tissues, he is at increased risk of infection to the tissue
involved with the vascular malformations. This manifests itself with symptoms of cellulitis, mainly
fever, warmth at the site, redness, and the infected tissue becomes more firm to the touch. This
requires treatment with antibiotics. Even though Michaelis at increased risk for infection to his
extremities, we do not consider him at any more risk than every other child to the exposure to illness
Coleen P. Greecher, M,S.. R.D.
NUlrilion Specl.II.1
Janel H. Shield.. M.S,N.. C,R.N.P.
Clinic.1 NUDe Speci.Ii,.
that a child is subject to In a day care setting. Michael's lmmunl7Jltlons are up to date, and with twO
older siblings, he is subjected to the many childhood illnesses In his own home. He regularly is cared
for by a wide variety of health care specialists, and his family is very good at identifying the
symptoms of illness, and treatment is begun promptly,
Even with Michael's defonned extremities, with the ald of his prosthetic device, he II
amazingly mobile. While we are concerned about his developmental delay, but he has made many
strides over the last year. He has participated In an early Intervention program, and the fimily has
participated with physical and occupational therapists In the development of a goal oriented treatment
plan, He Is progressing nicely, and adapting to the use of his prosthetic device. Years of experience
though have demonstrated to us that children with defonned or absent limbs learn early how to
accomplish their goals, and he has learned to adapt by crawtlng and creeping,
Michael's growth Is also of great concern; His height and weight are currently at the twentieth
percentile. This has been a constant battle for the family. The causes of this failure to thrive are
many and complex. As stated previously, the vascular malfonnatlons Involve the organs of his
abdomen, and are quite large. Compression of his abdominal organs causing mechanical obstrUction
plays a luge role. As such, vomiting and the Inability to Ingest adequate calories to support his many
needs is a constant problem. In addition, he has significant gastroesophageal reflux and as a result,
esophagitis. This Is currently managed medically, with a combination of medications. The family has
been working with a nutritionist to provide a diet that Is balanced and has nutritional supplements to
provide adequate calories for growth.
This letter has outlined the many medical challenges faced by this child and his family,
Ho\yever, by spending just a few minutes with Michael, one is strUck by how "nonnal" MichaelIs,
rather than how "disabled" he Is. Exposure to children of his own age should have a very positive
effect on Michael. We see many more benefits than negative consequences,
We hope this letter has addressed your concerns. As always, if we can be of any further
service or Infonnatlon to you, please do not hesitate to call on us.
Sincerely,
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lfeter W. Dillon, MD
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Janet Hunter Shields, MSN, CRNP
Clinical Nurse Specialist
c:c:
Dr. David Hardy 228 N. Baltimore Street, Apt. 3 Mount Holy Springs, PA
Mrs. Genelva Politzer IS W, Springville Road Boiling Springs, PA 17007
,
-.
p.m, at whieh time the other party will exercise his or her right to custody.
3, Plaintiff, Genev.a Politzer, will provide care for the subject minor
child during the periods of time that the Defendant, David Hardy, has
custody and is himself unable to provide care due to his work sehedule or
other unavailability,
4, The parties are to be flexible and are to permit the non-custodial
parent reasonable time with the child during their non-custodial weeks and
to permit relatives oecasional time with the child during such periods, so long
as such times are not disruptive of the ehild's and the parents' sehedules,
Oceasional time is not to be interpreted as regular, daily, or all-day periods,
5, The holiday visitation schedule shall be divided as follows:
a. For 1995, Mother will be entitled to eustody during the
Thanksgiving holiday and Father will be entitled to the Christmas holiday.
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Mother's visitation will begin on fiv mber...Hr, HJ95 at 6:00 p.m., and will
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eontinue through November ~ 19 5 at 6:00 p,m., at whieh time Miehael will
be returned to his father, David Hardy, and the alternating weekly eustody
sehedule will resume.
b. For 1995, Father will be entitled to custody during the
Christmas holiday, This visitation will begin on Decembe'i 24, 1995 at 6:00
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p,m" and will continue through Deeember ~ 1995,~ 6.66 p.m" at which
time the alternating weekly custody schedule will resume, and Miehael will
be returned to his Mother for her week of custody.
6, This Stipulation is being entered to accommodate the parties, and
will in no way prejudice either party from seeking full custody of Miehael, or
any other forms of relief in the future.
7. The parties are to refrain from making any sort of disparaging or
damaging remarks about the other parent, or to diseuss any aspeet of this
custody matter in the presence of Miehael.
8. The parties are to make every effort to accommodate each other
when attempting to sehedule Miehael's medical and other necessary
appointments, This includes doctor's appointments, educational providers,
IFSP team members, and other similar professionals attending to Miehael's
needs, In furtherance thereto, they are to make every effort to openly
discuss the medical treatment and ongoing needs of Michael, including, but
not limited to, administering medications as seheduled, and as direeted by
Miehael's doctors, as well as making every effort to ensure that Miehael is on
a regular feeding schedule and is fed the foods that are recommended by
medical professionals. The parties are to assure that the ehild is bathed, in a
manner, and schedule, as recommended by his doctor,
While either parent may schedule medical appointments, he or she
shall do so by attempting to schedule the first available appointment, Once
an appointment is scheduled, the scheduling parent shall let the other one
know immediately. The non-scheduling parent may then reschedule the
appointment, if necessary to accommodate both schedules, Emergencies are
exempted from this procedure.
9, The parties are to make every effort to communicate with euch
other, in a positive and constructive manner, verbally or in writing, where
appropriate, and with medical providers regarding their recommendations,
observations, and eoncerns, regarding Miehael's ongoing medical care,
10, The parties shall abide by the specifie time schedules set forth in
their stipulation. However, due to the special needs of Michael, and
unforeseen cireumstances that may arise, the parties agree to telephone the
other parent and keep one another informed of any delay of more than
twenty minutes, whieh may occur due to cireumstanees beyond that parent's
control, and the reason for the delay.
11. If financial resources are available, the parties are to attend
counseling in order to improve upon effective communication over eustody
issues and regarding parenting skills. Mother is not to pay for Bueh services,
12. The parties agree that should a time arise when a caretaker is
needed for Michael, he should only be left in the care of a responsible and
trained adult, or at least a proven and mature provider who is at least 14
years of age, Oceasional, very brief childeare by Stephen. Mother's son. at
times that Michael is sleeping and emergencies arise, eausing Mother to need
to leave the residence, shall not be considered violative of this term.
13. The termB of this Stipulation shall be submitted to the Court and
they request that they be made part of an Order of Court for Temporary
Custody in the above-eaptioned matter.
WHEREFORE, the parties respectfully request that the above terms be
made an Order of Court.
~ER
PI' 1
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GENEVA POLITZER,
plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
:NO. 5163 - CIVIL - 1995
v
.
.
.
.
DAVID HARDY,
Defendant
:CIVIL ACTION - CUSTODY
COURT ORDER
AND NOW, this ~ay of.lJt1' lnlthllf, 1995, upon consideration of
the attached Custody Conciliation Report, it is ordered and
directed as follows:
1. scheduled in the above case on the~day of
, 1996, at 9:I1dILM., in Courtroom No.1, at
wh ch time testimony will be taken. At this Hearing, the
Mother, Geneva politzer, shall be deemed to be the moving
party and shall proceed initially with testimony. Counsel
for the parties shall file with the Court and opposing
counsel a Memorandum setting forth the history of the custody
proceedings in this case, each party's respective position on
custody, a list of witnesses that will be called to testify on
behalf of each party and a summary of the anticipated
testimony of each witness. This Memorandum shall be filed
at least ten days prior to the Hearing date.
2. Pending further Order of this Court, this Court's Order of
November 17, 1995, shall remain in effect.
BY THE COURT,
JJ (ll\Jfd~
Ju g Haro d E. 5 ely
cc:
Carol J. Lindsay, Esquire - _d '/.1/ /
Samuel W. Milkes, Esquire Ct~1.. ~ M 'IS
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GENEVA POLITZER,
plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v
.
.
:NO. 5163 - CIVIL - 1995
:
DAVID HARDY,
Defendant
.
.
:CIVIL ACTION - CUSTODY
PRIOR JUDGE: JUDGE HAROLD E. SHEELY
CONCILIATION CONFERENCE sUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(bJ,the undersigned Custody Conciliator submits the
following report:
1. The information pertaining to the child who is the subject
of this litigation is as follows:
Michael Dillon politzer-Hardy, born June 27, 1993.
2. A Conciliation Conference was scheduled in this case.
Counsel for the parties notified the conciliator that the
parties have been before the Court on two occasions in
connection with an interim Order. In September of 1995,
Judge Sheely denied both parties requests for primary
custody in a Hearing and gave each party primary custody
for a week on, week off basis with the case being referred
to a conciliator. On November 17, the parties presented a
stipulation for an interim custody Order which was
incorporated by Judge Sheely's Order. counsel for the
parties advised the Conciliator that they have an interim
Order which is temporary in nature and represents an
interim agreement between the parties. However, the
parties are still both adamant that they saek primary
custody and a Hearing is required.
3. The Conciliator recommends an Order in the form as attached.
-Blltl q.r-
DATE
C) 6 J)t
Hubert X. Gilro , E
Custody Conciliato
.
.
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. LAWOFflCSSOP'
J~COBSENA: MlLKES
'.' n JL.\ST HIOH STRBBT'
. CARLlSui.pt.170\3.308$
(717)249-6427
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GENEVA POLITZER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
,
.
: NO, 95-5163
DAVID HARDY,
Defendant
,
: CML ACTION - LAW
: CUSTODY
l\iOTION FOR TRANSCRIPT
COMES NOW, the Defendant in the above-captioned aetion, David
Hardy, by his attorney, Samuel W, Milkes, Esq" Jacobsen & Milkes, and
respectfully requests of this Court that it direct the transeription of the prior
eustody hearing held in this matter on the 6th day of November, 1995.
These transcripts are requested at the expense of the Defendant,
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Respectfully submitted,
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BY: amuel W, Milkes, Esq,
JACOBSEN & MILKES
52 E. High Street
Carlisle, P A 17013
(717) 249-6427
Attorney No. 30130
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GENEVA POLlTZER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO: 95.5163
DAVID HARDY,
CIVIL ACTION. LAW
Defendant
CUSTODY
SIlPULA 1:l.QN FOR CUSTODY
The parties hereto, GENEVA POLlTZER, hereinafter "Mother" and DAVID HARDY, hereinafter
"Father", stipulate as follows:
1. They are the parents of Michael politzer-Hardy, born June 27, 1993.
2. The parties shall share legal custody of the child and agree that they will consult one
another regarding the major decisions regarding Michael's physical, emotional, and spiritual well
being.
3. The parties shall share physical custody on the following scheduie:
A. Father shall have physical custody of the child on an alternating week
schedule, during week one of which he shall have custody from 9:00 a.m. on
Mondays until 9:00 a.m. on Wednesdays, and during week two of which he shall
have custody from Friday at 7:00 p,m, until Tuesday evening at 7:00 p.m, This
schedule shall commence with Father having custody of the child on Monday and
Tuesday, March 25 and 26, 1996. Mother shall have physical custody of the child
at all other times except as specified in this agreement, In addition, Mother shall
c:\WJl5I\I'olilZer,SII\.mr
have physical custody of the child during any period when Father is unable to care
for the child due to his employment or other reason. If a relative of Father's Is
visiting on a Monday or Tuesday during the school year, Mother shall arrange some
time for the relative to visit with the child on those days, If eilher parent must use a
babysitter, he or she will offer the other parent opportunity to provide care bef.:lre
asking anyone else unless. the proposed sitter Is a trained relative of either party.
Father Is employed as a school psychologist. In the event that he Is not reporting
to work during the summer months, Mother will have physical custody of the child
on Mondays and Tuesdays from 12:00 noon until 6:00 p,m, except for three times
during the summer, to be taken one time per month, during which Father shall have
physical custody of the child from Friday afternoon through Tuesday afternoon. to
permit him to visit his family in Vermont. These times shall coincide with the
custodial schedule for Father and shall not be additional thereto. Additionally,
occasionally Father may request, and Mother will give favorable consideration to his
request, that Mother forego her periods of custody of the child between noon and
6:00 on a Monday or Tuesday because of a special outing which would Interfere with
that custody.
B. Father shall nave physical custody of the child between 4:00 and 6:00
p.m. on the Friday preceding a weekend in which he does not enjoy custody of the
child.
C. The parties shall alternate custody of the child for Christmas and
Thanksgiving. In 1997, Father shall have custody of the child for the Thanksgiving
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holidays extending from the afternoon of the Wednesday prior to Thanksgiving to the
Sunday evening after Thanksgiving so long as the child Is returned to Mother prior
to bedtime. In 1996, Mother will have custody of the child over the Thanksgiving
Holiday weekend. In 1997, Mother will have the child for an uninterrupted period
from December 24th through December 28th. In 1996, Father will have the child
during the Christmas holiday over the same dates. These holiday schedules shall
supersede any alternating weekend schedule and the alternating week schedule shall
continue on the weekend following the holiday,
D. In the event that the child is hospitalized, upon discharge he will remain
In the physical custody of Mother for a period of at least three days. In the event
that the child Is In a medical crisis, defined as a medical condition more acute than
his condition as of the date of this agreement and requiring any expertise which the
Mother might have for his care, the child shall be In the custody of Mother
notwithstanding any of the provisions above. The determination as to whether the
child Is In a medical crisis shall be made by the parties. If the parties cannot agree,
that determination shall be made by the child's primary care physician, Dr. Holly
Bauer after the opportunity for consultation with both parents. If Dr. Bauer is not
available due to an absence from her practice, one of her partners at the Carlisle
Pediatric Associates will make the determination. In the event that custody Is In
Mother due to the provisions regarding postdischarge care or crisis care, Father will
enjoy visitation with the child at Mother's home. During such periods of visitation,
Mother will, when possible, leave Father alone in the house with the child or, if that
,
c:\wp5I\P"lIllCr,S'i\.mr
cannot be arranged, will permit Father to be alone with the child In a room of her
house agreeable to both parties. In the event that the child Is hospitalized, the
parties will respect one another's status as parents In caring for the child In the
hospltel.
4. In making this agreement, Father does not acknowledge any better ability on the part
of Mother to care for the physical, emotional, or medical needs of the child.
5. In the event that the custody arrangement for Mother's children, Stephen and David,
changes, the parties may reconsider the scheduling of times set out herein.
6. The parties will refrain from making any disparaging or damaging remarks about the
other parent In the presence of the child.
7. In the event that the child must oe treated with a new medical apparatus or
procedure, both parties will receive adequate training in the use of the apparatus or procedure as
a condition to exercise of custody of the child. The parents acknowledge that the maintenance
of a routine Is a value in the raising of children and both parties will consult with one another
regarding an appropriate routine for the child.
8. The parties agree to make every effort to accommodate the desire of both parents
to be present during Michael's medical appointments and his appointments with other care
providers Including the IFSP Team and his therapists. They will freely exchange Information
regarding Michael's medical condition and advice regarding the administration of medication.
While either parent may schedule medical appointments, he or she shall do so by attempting to
schedule the first available appointment. Once an appointment Is scheduled, the scheduling parent
shall let the other one know immediately. The nonscheduling parent may then reschedule the
I
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appointment, If necessary, to accommodate both schedules. Emergencies are exempted from this
procedure.
9. The parties agree to abide by the specific time schedules set forth In their stipulation.
In the event of unforeseen circumstances, the parties will promptiy advise the other of any
anticipated delay of more than 20 minutes which may occur due to circumstances beyond the
parent's control and the reason for the delay.
10. During periods of transfer of physical custody of the child, the transferring parent will
provide all of the necessary clothing, equipment, and supplies, including medication and the child's
prosthesis at the time of transfer.
11. The child shall not be placed in day care without the permission of both parents.
12. The child will spend Father's Day with Father and Mother's Day with Mother from
9:00 a.m. to 6:00 p.m. Both parties will have an opportunity to celebrete the child's birthday on
June 27.
13. Neither party will smoke in the same rooms In which the child resides at any time and
will take measures recommended to them by Dr. Holly Bauer to prevent secondary smoke from
clinging to their hair and clothing.
14. The parties are to make every eHort to communicate with each other, In a positive
and constructive manner, verbally or In writing, where appropriate, and with medical providers
regarding their recommendations, observations, and concerns. regarding Michael's ongoing
medical care.
15. The parties agree that should a time arise when a caretaker is needed for Michael,
he should only be left in the care of a responsible and trained adult. or at least a proven and
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mature provider who Is at least 14 years of age. Occasional, very brief indoor chlldcare by
Stephen, Mother's son, as a result of Mother to need to leave the residence. shall not be
considered violative of this term.
16. The terms of this stipulation shall be entered as an Order of Court.
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DAVID HARDY, Defendan
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