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HomeMy WebLinkAbout96-03441 1 l , . i., " -i:;' i . ~ ;,: ' \\' I ,>',.";; ";,'::),.' '. I'. 1,; #',{ ;'\,;"; - .~, 'i~"- f .',-;:,,;', , >1, "'\,,',' .- ..,-'::';'Y, 'C',_ .. '~i'j ,~,I ~ i ' ~"''',:Xi:_, ' -;''-:'', ~t!r~:i-',"' I~ ,,",,> .-,'.; ,"_i~: ~ "1 o C'l Z~ ~.-, " . ,. " ...n~l:n ,,',t, '--f ',j; " ~ ,.,.,JI I " 1\ : .' , ~ i I \ ~~ / . , I ~ . ~i \_" I ~, I J, I.' , . . rl , , .' ; }" I ',.. at 27 N. Humer Street. Eno1a, Pennsylvania. He is married. 4. The relationship of plaintiff to the child is that of mother. 5. The relationship of defendant to the child is that of father. The plaintiff currently resides with the fOllowing persons: ~ Re1ationshio Robert L. Longo, Jr. Robert Longo, Sr. son husband 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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 .ill be served by granting the relief requested because: a. The father agrees that it would be in the best interest of the child and would ensure stability for the child if the mother has primary physical custody should the parties separate. b. There has been a history of the father removing the child from the mother's custody, ~reating a situation which endangered the child. c. The father has received in-patient psychiatric >. n: '0 ff ;"4. " ,. ~ ..,C) ~ ',' t.." ( \: B" ' -,'" 'V'l .6~ ," ., 0' U. 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I , } :, I , ,.. 6, The father has told the mother that ifshe tries to initiate any contact with the children he will flee the state to an undisclosed location. 7, The father is putting the children in danger and not acting in the children's best interest for reasons including, but not limited to, the following: a) Behaving violently toward the children and exhibiting suicidal behavior which has resulted in in-patient psychiatric care in the past and out-patient psychiatric care which he has discontinued against the recommendation of his doctors. The defendant's psychiatric history was the basis for the supervised visitation only in this Court's order of June 20, 1996, The behavior has continued sporadically since that time such that the mother has had to monitor his behavior toward the children on an ongoing basis.' b) Violating the court order which gives the mother primary physical and legal custody of Robert Longo Jr, and gives the father supervised visitation only, by taking the children out of Cumberland County and refusing to return them, and refusing to let the mother have any contact with them, and threatening to take the children out of the state to an unknown location if the mother tries to make contact with the children, c) Removing the children from the mother's custody, creating a situation which endangered the children, because the father had discontinued both his mental health medications and the out-patient therapy prescribed by his doctors. The father's instability causes the mother to fear for the safety of the children, 8, The father is in contempt of a prior court order, entered by this court on June 20, 1996, by his deliberate acts which have prevented the mother from exercising legal and physical custody of Robert Longo Jr. 9, The mother is the person who can best provide for the children for reasons including, but not limited to, the following: a, The mothcr is presently able to provide for the children by giving the childrcn a safe, nurturing cnvironment and providing for their emotional, physical, medical and educational needs, b, The mother can provide a safc and compliant home environment for these children, e, The mother is the parent most capable of facilitating contact between the children and the non-custodial parent. 10, The mother requests that the Court grant primary physical and legal custody of the children to her and allow the father supervised visitation only, II, Without this Court's intervention, the children could be in danger of irreparable harm, WHEREFORE, Petitioner respectfully requests the following: a, That the Court immediately rcmove the childrcn from danger by granting custody of Philip Longo to the mother and ordcring the father to comply with the Junc 20, 1996 order of this court granting the mother primary legal and physical custody of Robert Longo Jr.. '1). ,,- r-- '- '-. ", Ie: I~' ,:~ , " - ., " . ~. l. -' ~ " . . , - 1_.... '- ~j I), .- ", J I.? !j- .' I . (1'1 >- : i ...~) (.J '.!!~.l.. . CJ ,... 4_ ..., d u -.:> ~ ... r-. f... ~.'; 0:-.' '. (~ .( " ,/ .~ ( ,- .l: ': ( ,~ u.. 'l-:j , ~1 r " ,",1 I I ~~~ ~ : : : l- t tij .., c..1 '.~U_ I CJ -. ~ (') :'3 r.:) (.) , . j .~ I , -I 'j ! g i .... I ..... , 0 ! ..... U C) , Q . " ." i' iil~j J . J', . ~ .f ..Jl .1 ~ .. , , I : , ':l ~r Jttj . W '..l' ! t. I t, \ . , .., , I' , , i ,,' , It, . J'I ,.. VIOLET ), \.ONGO PLAINTIFF IN Till: COllRT OF COMMON PLEAS OF ('lIMIlUU,AND COUNTY. PI:NNSYLV ANIA V, 1)6-3441 CIVIL A<.TION LAW RODERT I., \.ONGO, Sit IlHENIlANT IN CUSTODY OIUlEl{ OF COIlnT AND NOW. Wedne.d!1. Oetober 08,J003__,_,___, upon consideration of the allaehed Complaint, it i1; hereby directed that parties and their respective counsel appear helilre JaequeUlle,I\!._"e~ney" Es,q.__. the conciliator. at 41b Floor, Cumberland County Courthouse, Carll,le on Thursday, November 06, 2003 at 10:30 AM fill' a Pre-lIeuring Custody Conference, At such conference, an efll,rt will be made to resolve the issues in dispute; or if this cannot be aeellmplished. to de line and narrow the issues to he heard by the court, and to enter into a temporary order, All children a~e live or older may also be present at the conference, Failure to appear at the conference may provide groonds IiII' entry of u temporary or permanent order, The court hereby dIrects Ihe Ilarlle. 10 furnish any and all exl.llnlll'roleellon from Ahuse orders, Special Relief order., and Cuslody orden 10 Ihe conelllalor 4S honn prior 10 sehednled hearlnl!. FOR TilE COURT, By: /,/ Jacquelille M. Verlll:y...EJ.q, Custody ConciliatOl' L '1l1e Court of Common Pleas of Cumberland County is required hy law to comply with the Amerieuns with Disabilites Act of ll)l)ll, For information about aeeessihle tacilities and reasonahle accommodations available to disabled individuals having business hclill'e the court. plcase contact nul' ornee, All arrungements must be made at least 72 hours prior to any he:lring or husiness bclilre the enurt. You must allend the scheduled conference or hearing, YOU SIIOULD TAKE TillS PAPER TO YOllR ATroRNI:Y AT ONCE, IF YOU DO NOT IIAVE AN ATI'ORNEY OR CANNOT AFFORD ONE, (iO TO OR TELEI'1I0NE TilE OFFICE SET FORTII BELOW TO FIND OUT WIIERE YOll CAN <iF!' IHiAL IIELI', ('umh.'rlallll ('ounty Ilur I\>sodation 31 Snuth Iledli>nl Street Cill'hsle,l'ellllsyl\'ania 170\J Telephone (717) 2-1')-.11 (,(, The father of the child is Robert L. Longo Sr., currently residing at 16 West Willow Street, Shamokin, West Cumberland County, Pennsylvnnia 171172, He is married, 4, The relationship of plain tin' to the ehild is that of mother, The plaintiffcurrently resides with the following persons: Nnme Relationshill Violet Wnters mother Robert K, Waters Sr, father 5, The relationship of defendant to the child is that of father, The defendant currently resides with the following persons: Name Relationshill Unknown to plaintifi Philip Longo son Robert Longo Jr. son 6, The plaintiff has not participated as a party in other litigation concerning the custody of the child, Philip Longo, in this court, The plaintiff has participated in custody litigation concerning Robert Longo Jr. in this court under this docket number, 7, The plaintiff has no infonnation ofa custody proceeding 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 pernlanent welture of the child will be served by grunting the relief requested for reasons ineluding, but not limited to the following: a) By previous order of this court dated June 20, 1996, the mother, Violet Longo, has primary physical and legal custody of Robert Longo Jr. There is no custody order coneerning Philip Longo, The father, Robert Longo Sr" has removcd the children from Cumberland County, where they resided until August 11,2003 and has taken them to Shamokin, Pennsylvania without infonning the mother or gelling her agreement. b) The father is not acting in the child's best interest for reasons ineluding, but not limited to, the following: i) Behaving violently toward the child and exhibiting suicidal behavior which has resulted in in-patient psychiatric care in the past and out-patient psychiatric care whieh he has discontinued against the recommendation of his doctors, ii) Taking the child out of Cumberland County and refusing to return him, changing his schools, and refusing to let the mother have any contact with him since August II, 2003, and threatening to take the ehild out of the state to an unknown loeation if the mother tries to make contaet with the child, iii) Violating the court order which gives the mother primary physical and legal custody of Robert Longo Jr., with the father having supervised visitation only, and removing the child from the mother's custody in the past, thereby creating a situation which endangered the child, d). The mother is the person who can best provide for the child for reasons including, but not limited to, the following: i) The mother is presently able to provide for the child by giving the child a nurturing environment and providing for his emotional, physical, medical and educational needs, . '~ i ..... . Cl , ~ NI ; Q 9 " . . -'~ " .' Ji~ I-J ' - . ..-....' .; - .... , ' t " . , ' - .~-. ( . . J-~ " I~ ~ . . , , II , I r: j, ~j: r.,l I ~. I t, \ . , I" , . tl , , ; .' , ~ J' ; ". ,I , , \ ; I , . ~: If) ,- , , c--: , : ." .. -j ~:.: -"'; Ill', r'- I -, :,~~ " ., ;!,' - , ,- I~'>~ '.J I.) - " u) .- , ',1-' I . ,'- I:':': , 1-' , :.U I L~ to. e.:, ~,: ,. r.-, '5 ,5 Cl b .' :- i' VIOLET J. LONGO, Plaintill' IN TIlE COURT OF COMMON PLEAS OF I ! i I I i I v. CUMBERLAND COUNTY, PENNSYLVANIA ROBERT L. LONGO, SR, NO. 96.3441 CIVIL TERM De/cndant CUSTODY j'F.TITION FOI~ SPECIAL RF.UF.F Pl1l~SIJANT TO pA R.C,P, 1915,13 Defendant/Pelitioner Robert L. Longo, Sr., by his allorneys, the Family Law Clinic, avers the following in SUpport of his Petition lor Special Relief: I. Defendant/Petitioner is Robert L. Longo, Sr. (hereinaOer "Father"), residing at16 West Willow Street, Shamokin, Northumberland County, Pennsylvania, 17872. 2. Plaintiff/Respondent is Violet J. Longo (hereinafter "Mother"), residing at 356 Hummel Street, Harrisburg, Dauphin County, Pennsylvania, 17104. 3. The parties arc the natural parents of Robert L. Longo, Jr., born June 2, 1994 and Philip L. Longo, born July 16, 1996. 4. On October 1,2003, Mother filed a Petition for Special Reliefand Contempt of Court. A true and correct copy of mother's Petition for Special Relief is attached and marked "Exhibit A." 5. Based on averments Contained in Mother's petition, this Court entered an order on October 3, 2003, granting Mother primary physical and primary legal custody of Robert L. Longo, Jr. and Phillip L. Longo and directing that Father rcturn the children to Mother's custody, The October 3,2003 Order of COUrt provided only supervised visitation tor Falher at times agreed upon by the parties" A true and correct copy ofthc I' 'I ,. behaving violently toward the children und exhibiting suicidul behuvior which resultcd in both in-paticnt and out-patient psychiatric care, Mother ullegcd that Futher had discontinued trcatment against the recommendation of his physicians. Mother exaggeratcd the extent of Fathcr's psychiatric trcatment. Fathcr received psychiatric treatmcnt tor a brief period in 1996. He tollowed the recommcndations of his trcating physicians, was relcascd from their cllrc within a few months and hils not necdcd psychiatric trcatmcnt sincc that time. Fathcr has ncver actcd violcntly toward his childrcn. e) Mothcr has bccn trcatcd rcccntly tor deprcssion and has refuscd to take thc medication prescribed to hcr for this condition. Mothcr has bchaved violcntly toward the children, using e::cessive physical force to discipline them. 7. The October 3,2003 Ordcr of Court also conlirmcd a prior order of this Court, cntered June 20, 1996, in which Violet J. Longo was granted primary physical custody and legal custody of Robert L. Longo, Jr. "should the partics separate." A true and correct copy of this June 20, 1996 order is allached and marked as "Exhibit E." 8. At the time thc June 20, 1996 order was signcd, Mother, Father, and the child were still living together as an intact family at 27 North Humer Strcet, Enola, Cumberland County, Pennsylvania. The parties continued to live together for seven years aner the June 20, 1996 Order was establishcd, as is evidenced by Mother's own averment in hcr Complaint lor Custody liIed Octobcr 1,2003, a truc and corrcct copy of which is attached and marked as "Exhibit F." Mother uOllndoncd thc child on August 13,2003 and then used that abandonment as thc "triggcring event" to seck conlinnution und cnforccment of the conditional Ordcr cnlercd sevcn ycurs curlicr, 9. Fathcr belicves and thcrefore uvcrs lhul delivcring thc childrcn to Mother's primary " " r", custody could placc thc childrcn in dangcr of harm and would not bc in their best intcrest. Fathcr is thc parcnt who can bcst providc for thc children for rcusons including, but not limitcd to, thc /ollowing: (a) Mother is currcntly living with hcr parcnts, Violct Watcrs and Robcrt K. Watcrs, Sr. Fathcr bclievcs and thercforc avers that the children havc bccn physically abuscd in the past by Mothcr and hcr parcnts. (b) Thc childrcn arc currcntly cnrollcd in school in the Shamokin School District. Thcy havc adjusted to thcir ncw school and arc doing wellthcre. Mothcr resides in Dauphin County, whcrc the childrcn have not attcndcd school. Fathcr belicves that cnrolling the childrcn in schoolthcrc would disruptthc childrcn in thc middle of the schooltcrm. (c) Father has bcen primary carctaker ofthc childrcn since Mother Icn them at their paternal grandmother's homc on August 13,2003. Father has providcd a stable and nurturing cnvironment for the childrcn since Mothcr Icft the family in August. (d) Father has becn providing, and can continue to provide for his children by giving thcm n salc, nurturing environment and providing for their emotional, physical, mcdical and educational needs. (e) Father has becn, and will continue to be, the parent most capable of facilitating contact between the children and the non-custodial parent. 10. Without intervention from this Court, the children Robert L. Longo, Jr. and Philip L. Longo could be in dangcr of irreparublc harm. 11. Mother's Complaint for Custody hus been schedulcd tor Concilintion belore the Custody Conciliutor on Novcmbcr 6, 2003 at 10:30 n.m. A truc copy of thc Ordcr schcduling thut Conciliation is attachcd as "Exhibit G." 12. Father requcsts thc following rclief: a) That thc Court vacate thc Ord:r of Court cntercd Octobcr 3, 2002 and thc Ordcr of Court dated June 20, 1996. b) That thc Court dircct thut Plaintiffs Complaint lor Custody tilcd Octobcr 1,2003 nnd Dcfendant's Countcrelaim tilcd contcmporancously with this Pctition be nddresscd jointly nt the Conciliation Conferencc schcdulcd for Novcmbcr 6,2003. 13. Mother is rcprescnted in this matter by Jonn Carey, Esquire and Jcssica Diamondstone, Esquire ofMidPcnn Legal Serviccs. Pursuant to Local Rule 206-2 (c), Dcfendant's counsel has sought lhe concurrencc of Plaintiffs counsel in this pctition. Plaintiffs counscl does not concur. WHEREFORE, Defendant/Petitioner Robert L. Longo, Sr. respectfully requests that the Court vacate the prior Ordcrs in this matter and direct that the Plaintiff's Complaint for Custody filed October 1,2003 nnd the Defendant's Counterclaim for Custody filed October 14,2003 be addressed at the Conciliation Conference scheduled for November 6, 2003. Respectfully Submitted, '~(~>'- "'t\. \A.~ J.-v~"- Tracic N. Wesner Ccrtilied L cgallntern C' " c=~ 1 I, i. V 1<' .M-.t<<' - i!tf Anne - cDonald-Fox Supervising Attorney Family Law Clinic 45 N. Pitt Strcct Carlislc, PA 17013 .' :. .' (" Thl: t:lthcr has told the mothcr thai if she trics to initiatc any contact with the childrcn hc willllcc thc state to an undiscloscd local ion. 7, Thc 1;lther is pUlling thc childrcn in dangcr and not acting in the childrcn's bcst intercst t,'r rcasons inclllding, butnotlimitcd to, thc f(jllowing: a) Ilchaving violently toward thc childrcn and cxhibiting suicidal behavior whkh has resllltcd in in-paticnt psychiatric carc in the (last and ollt-paticnt psychiatric carc which hc has discontinllcd against the rccommcndation of his doctors, The dclcndant's psychiatric history was thc basis lor the supervised visitation only in this Court's [Jrdcrof Junc 20,1996. The bchavior fms continucd sporadically sincc thaltimc such that the mother has had to monitor his behavior toward the childrclI on all ongoing basis. b) Violating the court ordcr which givcs the mother primary physicul ami legal cuslody of Robert Longo Jr. and gives the futher supervised visitation only, by taking the children oul of Cumberland County and refusing to return them, and refusing to let the mother have uny eonlaet with them, und threatening to take the childrcn out of the state to an unknown location jfthc mothcr tries to make contact with the children. e) Removing the childrcn from the mother's cllstody, crcating a situation which endangered thc childrcll, bccallsc the fathcr had discontinucd both his mcntal health medications and thc Ulll-paticnt therapy prescribed by his doctors. Thc 1;lthcr's illstability causcs thc mothcr to lcar lor thc safcty of thc childrcn. ,. , ..I I I 8, The lillhcr is in contcmpt of a prior court ordcr, cntcrcd by this court on Junc 20, 1996, by his dclibcrate ucts which havc prevcnted the mother from excrcising Icgalund physical custody of Robcrt Longo Jr. 9. Thc mother is thc pcrson who can bcst provide tor th..: childrcn for rcasons including, but notlimitcd tn, thc tilllowing: a, The nlDthcr is prcsently ablc to prnvidc tllr the children by giving the childrcn a satc, nurturing cnvironment and providing for their emotional, physical, mcdical and cdueationalnecds. b, The mol her can provide a sate and compliant home environment for thest: ehildrcn. c, The mother is the parcnt most capable of facilitating contact between the childrcn und the non-custodial parent. 10. The mother requests that the Court grant primary physical and legal custody of the children to her and allow the f.1ther supcrvised visitation only. II. Without this Court's intervention, the children could be in danger of irrepurable ham!. WHEREFORE, Pctitioncr respectfully rcquests the following: a. That lhe Court immcdiately remove thc children from danger by granting custody of Philip Longo to the mother and ordering 1I1l' futhcr to comply with the June 20, 19l)6 ordcr of this court granting the muther primary Icgal and physical custody of Robcrt Longo Jr.. .,' ':. .- VERIFICATION Thc aLove-naJllcd PLAINTIFF, Violct J. l.ongo, vcritics thatlhc statemcnts made in the almve COll1plninl For Custody arc lrlle nnd corrcct. PlaintilT 1I11dcrstands that tillsc statcll1ents hcrein IIn: lI1ude suhjecllothc pcnaltics of I II Pa, C.S, !H'Jll'I, relaling tllUlISWllfll falsiticatiolllll authorities, Date: )0'- 01- 03 /7/':1 f .,.,) l/cCr f~:'-d~",:,'~),':.1!:O- Violct J.t1.ngll c7 .1 "6', I I ! 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'" W = ~ u :i u '" '" .. 0 ~ i!: ~ . . t -< u . .... ii: ::J ... w > ~ ::J ~ ::J U s o .. o u w .. ~ ~ <( ~ o . ~ o ~ t . --,I ' " z o ;: . . :> u u o o ~ ~ t o u Z o ~ -< u :> o . -1--,,- % ~' . ;; (; tJ ~ . % ~ o ;; (; . :; o - - . o o o -< . t ~ , , . 0 :( t 0 0 . 'i' z (; " ~ . -..A.' Z o ;: -< . :> u u o . ~ . ~ ~ i - z o ;: ~ . . t o % ~ , ::J > ~ . . . % 5 - l: 5 t 0 . ~ ~ -< !;l ~ 0 '" . ~ :; W Z 0 i!: 0 ~ ~ ; 0 u '" u '" 0 W '" :l: W :l: '" w '" ... 0 Z 0 3 :> 0 . :( 0 0 Z % ~ - . -< ~ % . ~ ~ - -< ;;; 0 (; ~ ~ 3 :; ~ ~ ~ . . ~ 0 I I ~ . ~ 'i' :>' ~I 5 ~ 0 . .. I Q -< I I .. : " I . . " i " " . , ., l i::J i . , . .' . -" n'....I\"'Cl.J I'\p~t1rjlCr.r Lr~lt: Rc\'ilcd 19!9 . j . " THIS LEASE WITNESSETH, Th.1 as Lusor. hereby LUlIes to __ HARK A. R051Nl ROBERT LONGO hcrein;Jfler referred fa hereinafter re(erred to.. Tenanl('), (or Ihe Term o( -L.Y!.lar cummencin~ un 110, ~ day oj August 2~ and endln~ on Ihe 5th doy 01 August 2--4 Ihe (ollowlne apanmentln iI. pruenl condillon arla.JiJ..Llnw 51.. 5homnk In < Po"~ Counly, ra, Illhe rent of S . 275 <.00 per~~r.I~enlro Ii. paid in ononlhIY14l1>1VWmVlIlS, withuul demand, in adtance, In rh. aonOunl o( S __27 ~ lOa , payable lhe (irsl day o( .E.a~ and on ..,h and every monlh there.n" durine 'Ih. Icrm lJ! ""Y "newallhe,eu(, Th. T,o,"II.) (anh" '~IC" 10 P"lo'm, (ully ob.y .O~ ,ompl, ",", "II II" """",""e" luk" "~ul,,,,,,,,, ,"d I,,,,, "I ,II ;ouo,", ,u,hu,,,i.., bo,,~ 01 om,,,", ICI.ILO; 10 ..,~ PlCm"u, 0' Ih. impI""",,,,,, II,,, "", '" '" I,", '''' ,,,,,''',, """ 1,,,",,, "," ,,, '''e '" "",uPI, '" ,u((er 01 p"ml' '0' p'"on 0' bo~y 10 Ult or occupy, Ih. ..i~ premi.n, ,,, ,'''' 1''''' Ih",,,I, I,,, ,'''y I""p"" I" "'" '" "..1.11'''" ,,( ,"v I"", IIIlYI, or ordlnlnu, whether federal, Sialc Or munieipII, durina Ihe l~rrlll1j ~~Id Icil\c. Ten'"'I') I~IC" 10 P'Y' ",urtly ~'PO..I in Ih. .mOUO' o( I , pnor I.' occup,o,)' o( Ih, IP.lnmen!. Th, '''umy d'po'illh.1I be h.l~ by Leuor or hlla~'ol, ," ""UIII,\' I", Ih, p,,,n"'1I 0' "II "'" "O~ <lIh" ""OOun,. au, I''',n T.nnlnUI) 10 L.uor, 0' hi. '1'01, (or Ihe Ten.nlll) per(orm"n'." or'he,,,.,, ""~ '~"n., .ny ~.m'a" '"usc~ 10 Ih, 'p"flln,nl 0' ,n)o'h" P'fI of L"""'l propen) by Ten,olll), hll (,mily, Ind/or IU,,", T.n'''''I.) un~""'nd, .nd 'a"" Ih" Ih. IC'U,", dep,,,n ma, 11<11 h,. 'pph'd II ronl or II.inll .ny olher .mou", du. (rom T.n.nl(') 10 L.hn" ""'h,,", L"hO", nr uieol'l wrillen eonlCnl, '"01 Ih" ,h. m"""hl," UlU ...ill be paid u,ch mOl\lh. lnciudinn Ihe I_II monlh or rhe Icue lcrm, II i. (onh.ral"'d Ih" i(..i~ T.nln'(l) 'hili "mo," or "pro.. o'deel''''"n in"nlonn In "move any o(lh. 100~1 'nd 'h'II,,, (ro"" (h, promi..., 0' i( Ih. T.nlnl(,) Ih.1I permillny jud;menllo be 'n""d U~'IoI" Ihe "i~ reo,"nll') or mak,"n ",icnmem (0' II" b,n.(n n/ ".dilon ollhoold Iny blnkloplCY proecedinill b. becun by Oral.inu "oi~ r,nUnl('), Ih, "n' (ur ,h, (ull "rill .h,1I b"om, imm'~",,,y ~u. ~nd collectible, ^ del"minini o(lh.lCrm, or Ih. "'''PI Orren, ,(Ie, d'(.uh. 0' ,('co jUolam,"" 0' alle",ceul,on, ,h,1I nOI d,p"" Ih, L.llO' or 0111" IClion 'I,iolllh. Tenanl (orpom..ion or (0' renl, 0' (o'd.m'i'" Th, L",,", muy UIC 'he "medies herein Cov'n oelhose p","ib'd b)' I,w. or bOlh, and Ih. Lmo, or ^I'nl m,y .n"" "' "'ill, 10 in'p"llh. p"mi"" 10 ,,~, 01 "n~ p'''on. on .",id prop",)', '''~inc 1<1 re!ll 0' pur~hJJe, m.lke repJ.iu and pOSt nOljces or "To Lei" and "For Sale." /(Ih. p"mi."" Iny lim. b. d",".d or ,Iosed.lhe Lwo, mly "II" by (0"'. wilho", li"billlY 10 pro",ulion or "",on Ih".(or, ".;" Ih. p"mi.",.. ^I.n, orlhe T.n.n,. (or InY un"pi,ed ponion o( Ihe "I'm a'ld ,''CO" Ih, "'II Ih",ror "n~ "Pply II on Ih" L'""e The L",ollhall nOI be ".bl. (0' any injury 0' ~.macc '0 any pmon Ort" >ny p,openy "" "ny lim. on .,lio prem.." 0' buli~ine (rol1l "ny cause wh""'r which OIlY Iti" (rom 'he use oreondilion or said pICmi". "I' huil~in~ ,,, r,n!ll ie. I "mon, oe (rom W"", rain or .now wlll'h m,y i..k iOlO, illue Or now (rom any por, o("id build in;. 0' (rom 'h, p'p" "I' pllllllhinc nl Ihe "1I11e, '" ("'III ""Y IlIh" pi"" UI'~U"r!", ur (,0m In)' olhcr cause, during said term or any Icncwallhcreor. NOTE - The (ollowioa condilion. or Iny rul" adopled (orth. poem;'" "re 10 b, un~""oll~ "' pall o( I h, aen""'I...." I. T.oanfl'IP""'o u.olh. apallmen' only.. 'hc p.non'l residence IIIT,,"nl(.) und hi., her 'Ih,irehli~rcn. und nUl 'u "uicn I hi. Ie",e or 'ubi.. Ihl Ip.rtm.OI. T.n.nlll) Ilrm nO'lo .h" no, make additiunl ,,, Ihe "pallm,nl. ilS p.inl or ilS ""UI" 'nd "ppli,nCe> wi'hou, L...o~, or II.n,', wrill.n eOIl"nt. Tenlnl(') 'a"" nOllo do 0' permil uny 'el or p,octi" injuriou"o Ihe buildinc or which m.y b, un'....on.bl. or dinurbina 10 Ih. olher ",id.nlS. a' do In) Ict.or p.nnil '")' Uct whieh may .((", Ihe in.oran" on Ih, buil~in~. 2. T.n"'(l) '1""IOu"due ca" in 'he use orth..p.nm.OI "od Ih. "PI,'iBlle" Ihcr.in, and "II olher pOIlU olL",o,'. P'Op"'Y. 10 ~i\", nOII",o L",oror 'I.nl O(lh. n..d ror"P.i, Ihereo(. Ind 10 p.y(orall "pBi,>!o Ihe 'punmenl, ilS ,0nICIlUund 10 'II olh" p",,, o(L",,,,', or 11'0'" prop.ny whi'h arc n.....i..led by Ihe ll<k or..re on Ihe pall on.nanH.I, Otemb", ofTI'''nl(') r.mil,. 0' hi. vis;lurs, J. L...o, or 'ionl or ony person 'Ulho,iud by Leuo,. .h,1I huve Ih, ';~h, Iu ""er "p"",",,,, VI """'n,bl, IiI"" 10 inspocI, Ot"k, "p.irs aod Iher"ion. II nced.d, 10 en(o"elhi, I..", und, ,(Ie, nOliee osrlc",';"", ill" i, yi"'n, '" .how "" "llaI'n,ClII 10 Plu'pccliv< r",idn", 4. Thi.l..."o.(.rs no rilhllon T.n.OI(,) IU Ult, (or any purpo", any uf 110" 1" "P''')'"J L","r ulh,r I h,,, I he in"fI"r o( th, 'panu"OI h"eby le...d. ""PI Iho waiks and rO.dw.y, 'nd ro.dwuy. a.inine",e"," 111"""0 a"" ,",h "'h" or.a., il a"y,", Leuo, Ill"Y, (ro," 'illl' 10 lime, d"ilnm (o"he use oflh. relid,nu, IYh"llh. use by Tenanl(,I of un)' ul II" pOlli"" II( L'"or', proP'flY i. pC/milled, ilsh.1I be" bj", '0 the rulCJ and reaulations cslabliJhc:d by Ll:s~or. 5. No animals shalJ be kept on or aboUl Ihe: premiscs, 6, 1!~!~.nl(l) shaJJ rail to PlY rent. or ",,,,, ^'........_. __..__an_MMO_ \ , : : - : ':'. ~ ~ -. : M: ...:t: f : 0: 0: ~ : : N 0: c: .' "" N; N~ ~ '" ~ ~ : "" O' .... t Z '" rJ'1 '" i$ '"' '" ... . - '" .. .. ... ~ < ... Q tI1 '" ~ .c: ~ ,. "- .ci ... .... ~ ~ .... ~ 0 r;: ": .... - . '" ;Z; \Ci >\ . <: ~ '" .... ..... ~ 0: ~ .... '" 8 W; ....' c.. :g 8 ..... ~ <n. O': 0 .c: f :;.' =" <n: " O'. -.,: ~ "" ;z: ~ "l ,,: on ,,: S OJ .c .;! "l ,,: ~ J _. III ... ~: N ..: l;i :..l ~ .. ~ ~ '" J '" . E ~ ~ ~ , ~ ~ i;' ~ <i; .;; .. 'I, " . . 'l I .' VIOLET J. LONGO, IN TIlE COURT OF COMMON PLEAS OF Plainlilf : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, IJ6 - 3441 CIVIL TERM ROBERT L. LONGO SR" Dcfcndant : CUSTODY COMPLAINT FOR C,USTODY 1. The plaintiff is Violet J. Longo, residing ut356 Hummel Strcct,lIarrisburg, Duuphin County, Pcnnsylvania 17104. o 0 r; (...) CJ 2. The defendant is Robert L. Longo Sr., rcsiding nt 16 West Willow Strc~~i~liam~~in, ,-r; ~.~'; r-:~ ' --, ,"i 17; Wcst Cumberland County, Pcnnsylvania 17872 g:'/.,' ..L ':':S 't' ' -, j~? .:::: r::,1 - -~ . - I ....0:.::: ... ,,',::,:',<1 ~::-- ~.~.. '. ::;; year'J ~j --;; 3. Thc pluintiff sceks custody of the following child: Philip Longo 16 Wcst Willow Strcct, Shamokin, West Cumbcrland County, Pcnnsylvaniu 17872 Thc child Philip Longo was not born out of wedlock. The child has becn in the clIstody uf thc fathcr, who rcsidcs at 16 Wcsl Willow Strect, Shalllokin, Wcst Cumhcrlnnd COllnty, Pcnnsylvania 17X72 l;incc thc lilthcr rcmovcd the childrcn Irum thc mothcr's custody on Augllst 11,2(0). During Philip Longo's Iifctime hc has residcd with thc IillIowing pcrsons and atthc fullowing addrcsscs: Violct Longo (mothcr) Robert Longo Sr. (Iillhcr) 27 North Ilumcr Strcct Enola, Cnmhcrland ('ouuty, Pennsylvania 7/1(jj1)(i. X/I 110.1 Thc mothcr orthe ehild is Violet 1. Longo, currcntly rcsid!ngaJ.J~b IJIUI\lIId Sll'.;~t;;"..'-,,:; 1 ' ~~' .1', " I,,;' -, '," 'I 1 ,"," ' - . " ' ,. lIarrisburg, Ilauphin (\lunty, Pcnnsylvania 1710.1. \ ,'1,. , . , . Shc is marricd, EXHIBIT 'I "O~ OlQ':>~ 1'~'~n'~'..4y~ -...~ ,~. '-I ~-I- ..P-.... I. " I",' . ~ . Thc fathcr ofthc child is Robcrl L. Longo Sr., currcntly rcsiding atl6 Wcst Willow Strect, Shumokin, Wcst Cumbcrland County, pcnnsylvania 17H72. Ilc is marricd. 4. Thc relationship of plaintiff to lhc child is tlmt of moth cr. The plaintiffcurrently rcsidcs with thc following persons: Numc Rc1ationship Violct Watcrs mothcr Robcrt K. Waters Sr, ththcr 5. TIll' rclutionship of dcfcndantto thc child is that of father. Thc defcndunt currcntly rcsides with the following pcrsons: Nume Relationship Unknown to plaintiff Philip Longo son Robert Longo Jr. son 6. Thc plaintiffhus not purticipated us u purty in othcr litigation concerning the custody of thc child, Philip Longo, in this court. Thc plaintiff has participatcd in custody litigation concerning Robert Longo Jr. in lhis courlundcr this docket numbcr. 7. Thc plaintiff has no inlilTlllationofa custody procccding conccrning the child pcnding in a court of this Conllnonwcallh. H, Thc plainti IT dnes nol know of a pcrsllnnot a party tothc procccdings who has physical custody of thc child or claims to havc custlllly or visitation rights with rcspcclto the child, I). Thc hest inlcrcsl allll pcrmancnt welfare uf thc child will he scrvcd by granting the relicfrcl\ucstcd lilr rcaSllns incllllling, hul nllllimitcd tothc following: a) By prcvious mdcr nfthis courl datcd June 20, I')l)("thc muthcr, Violet Longo, has primary physkal and Icgal CUSllllly of Rllhcrl Lungo Jr. Thcre is no custody ,.... ~ , I'I.AINTIFF IN TilE COURT OF COMMON Pl.EAS OF CUMBERl.AND COUNTY,PENNSYLVANIA VIOLET J. LONGO V. 96-3441 CIVIL ACTION LAW ROBERT L. LONGO, SR. DEFENDANT IN CUSTODY OHllIm OF COllltT AND NOW, Wednesdny, October 08, 2003 __' upon considcrution ofthc 1I1Iached Complaint, it is hereby directcd thut partics nnd thcir rcspectivc counscl appc,n' beforc J.~cqucll,!~. M._~e...n.y,.~s(I,"_.., Ihe concilintm. at 4tb Floor, Cumberlnnd County Courtbouse, Corll,l. on _:r~.!'!sdoy, Novemb.r 06, 2003 ut )0:30 AM lilr 0 Pre-Heuring Custody Conti:renec. At such confcrence, an ertilrt will hc made to resolvc thc issues in disputc: or if this cunnot be ueeomplishcd, to de line uml nurrow thc issues to be beard hy lhe court, und to entcr into u temporury ordcr. All childrcn UIlC Iivc or oldcr mllY ulso he prcsent at the eonli:rcncc, Failure to appcar atthc eonfercncc mllY pruvide grounds lilr entry of utcmporury or pcnnanent onler. ,'1 (" '.... ' The court hereby dlreels the partie, to furnish nuy IInd 1111 e:d,tluIl1'rntectloll frol1l/\liuse orders, Slleclol Relief orders, and Costody orders IlIlhe cOllclllatll1' 4K hllllrs prior to scheduled h+~:~'I;IIl' .\ FOR TilE COURT. L1y: ..J!.L-1acfJudiwulLIlc.rlll:y..Esq. Cuslody Conciliutor i, , , , r , ; , , '. '. , , ". .. ::'.\ '.." .:1 . . , '111C CourtofCommonPlens nfCull1berlnnd Counly is rcquircd by Inw to comply wilh the Americllns with Disubililcs Act ,If 19')0. I'or intill'lllation nbout necessihlc '"cilitics ami rcusonuble uceommodations availablc to disubled individuuls having husiness bclill'c thc courl, plensc contact our office, All arrangcmcnts must be mudc nt Ieust 72 hours prim 10 nny hcaring or busincss heli're thc court. You musl attcnd the schcduled confcrencc or hcaring, YOU SIlOtll.D TAKE TillS PAPER TO YOUR ATlURNEY AT ONCE, IF yOU DO NOT HAVE AN ATWRNEY OR CANNOT AFFORD (INE, GO TO OR TELEPIIONE TIlE OFFICE SET FORTIIIIELOW TO FIND OUT WIIERE YOU CAN tjET LEGAl. liEU'. CU111hcrl:1I101 Coullty liar A"lIClallllll .\~ Soulh Ilcollill'll SIred Carli,k.Pcllllsyl\'ania 17ilIJ Tekphllnc (717) ~4'J-.ll (,(, EXHIBIT . , VIOLET J. LONGO, Plaintill' IN THE COURT 01' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 3441 CIVIL TERM v. ROBERT 1" LONGO, SR, Dcfcndunl CUSTODY ANSWER TO COMPI.AINT FOR CUSTODY AND COUNTERCl.AIM I, Admitted. 2. Admittcd in purt and dcnied in purt. The nvcrmcnt is dcnied to thc cxtcnt thut it asscrts that Dclcndantlivcs in Wcst Cumbcrland County. Delcndant rcsidcs at 16 Wcst Willow Strcct, Shnmokin, Northumbcrland County, Pcnnsylvaniu, 17872, 3. Admittcd in purl and dcnicd in part. Thc avcrmcnt is denied to thc extcnt thut it asscrts that Philip Longolivcs in Wcst Cumbcrlund County. Philip Longo rcsidcs at 16 West Willow Strccl, Shumokin, Northumberlnnd County, Pcnnsylvanin, 17872. Thc avermcnt is also dcnied to thc extcnt that it asserts that Defendant rcmovcd the children from the mothcr's custody on August 13,2003. On that date, Mothcr Icft the children ut their patcrnal grandmothcr's residencc, went to the storc to purchasc cigarcttcs, nnd ncvcr returncd, The avermcnt is also dcnied 10 thc extcnt that it asserts that Philip Longo rcsided nt 27 North Humer Strcet, Enola, Cumbcrland County, Pcnnsylvania from 7/16/96 to 8/11/03. During Philip Longo's Iifctime hc has rcsidcd with the following pcrsons and atthc following addrcsscs: Ordcr of Court was cstublishcd upon considcflltion ofPlaintitl's Pctition for Spccial Relict: That Ordcr uddresscd custody of both Robert 1.ongo, Jr, and Philip Longo. Dclcndunt dcnics thut hc has rcmovcd thc childrcn Irom CUlllocrlund County, The avemlcnt is ulso dcnicd tothc cxtent thnt thc childrcn rcsidcd in Cumhcrlund County until August 13,2003, Thc childrcn lived in Pcrry County from Oclobcr 3, 1998 until August 7, 2003 und thcn in Northumbcrlund County trom August 7, 2003 to thc prcscnt. The uvenncnt is lilrthcr dcnicd tll thc cxtcnt thnt it usscrts thut Dclcndanttook thc children to Shumokin without inlorming thc molhcr or obtuining hcr ugrccmcnt. Both pnrtics und thc childrcn movcd 10 Shumokin, Pennsylvunin on August 7, 2003. Both Plaintiff nnd Defcndnnt signed u lease to rent the rcsidcncc on Wcst Willow Strect, Shamokin, Northumbcrland County, Pennsylvania (sec "Exhibit B," nuached). ii) Dcnied. Spccilicnlly, i) Delcndunt hns nevcr behnved violently towurd the children, nor hus hc cxhibited suicidal bchavior in front of the children. Delcndant ncknowlcdgcs thnt hc reccived in-patient psychiutric carc approximntely six to seven ycnrs ugo. lie nlso ndmits thnt hc has rcceived Ollt-paticnl psychintric cure in thc past. Ilowcvcr hc discontinucd such cnre scverul ycnrs ngo nt the . As indicatcd in Plaintill's own Compluint, Plaintiff and Defcndant continucd to live together until August 13, 2003, ovcr sevcn ycnrs alter thc conditional ordcr wns entcred (sec "Exhibit E" attachcd). d) Dcnicd. Spcciticully, i) Dcfcndant bclieves nnd thereforc avcrs tlmt the mother is not prcsently able to providc n snfc and nurturing cnvironment for thc childrcn, Mothcr abandoned the children whcn she Icft him ntthc children's paternal grandmothcr's homc to go to the store nnd never returned. MOlhcr suflcrs from depression and has bcen prescribcd mcdication (Zoloft) to trcat her illness. Howevcr, she docs not take the prcscribed medication, and Dclcndant bclievcs that she lacks the stability to adequately care for the childrcn. Mother currently residcs with her parents, and Mothcr nnd the children's maternal grandparents have been physically abusive to the parties' children in the pnst (see "Countcrclaim") ii) Denied. 10. Delcndant docs not deny that PlaintilT requests that the Court order the relief listed in subparagrnphs "a" through "d." Howevcr, Defcndant asserts that the relief requestcd in not in the best intercst of the childrcn. 11. Admitted. . thc children currcntly rcsidc in Pcrry County, and sincc PlainliO'has choscn to tilc her Compluint for Custody in Cumhcrlund County, Dclcndant agrccs to wnivc the vcnue issuc, to withdraw his Complaintl'Jr Custody in Northumhcrlund County, nnd to Iitigatc thc custody mallcr in Cumbcrlnnd County undcr this dockct numbcr. Dclcndant also notcs tlmtthc avermcnts containcd in Plnintifl's Complaintl,Jr Custody IiIcd Octobcr 1,2003 hnvc not bcen veri tied by Plaintiff, 22. Defcndant hllS inlormation of n custody procccding conccrning thcsc children pcnding in nnothcr court of this Commonwclllth, On Scptcmbcr 4, 2003, Dcfcndantliled a Complainllor Custody pro sc in the Court of Common Plens of Northumbcrland Counly, Civil Term, Dockct numbcr 03-1251. Thc nction is currcntly pending with n concilintion conlcrcnce schedulcd on Octobcr 14,2003. However, as noted in parugraph 21 of this document, Defendant is willing to withdraw the Septcmbcr 4, 2003 Complnint for Custody so that thc cuslody mailer may proceed in Cumberland County, 23. Dcfendant docs not know of' n person not n purty to the proccedings who has physical custody of the childrcn or c1nims to hnve custody or visitation rights with respcct to the childrcn. 24. The bcst intercsts and permanent welfnre ofthc childrcn will best bc servcd by granting the relief requestcd lor reasons including, but not limited to, those sct forth bclow: n. PlnintilTabundoncd the childrcn nttheir matcrnal grandmothcr's residence on August 13, 2003, nnd shc has not secn them sincc. Shc spoke with b. Dcfcndunt by telcphonc on Scplcmbcr 3, 2003 and adviscd him that shc did not intcnd to relurn home to lhe filmily's rcsidence nt 16 West Willow Strcet in Shumokin, Norlhulllbcrland County, Pcnnsylvanin. c. Plaintifl'currcntly rcsidcs with hcr parcnls, Violet Waters und Robcrt K. Watcrs, Sr. Dc/cndant bclicvcs and thcrc/ore avcrs thnt PlaintifT and hcr parcnts hnvc becn physically abusivc to both children in thc pust. Plaintiff hns bccn trcUlcd rcccntly for deprcssion, but is not taking thc medicntion prescribcd by hcr physician. d. De/cndant bclicves nnd thcrcforc avcrs that thc children arc nfraid of thcir mother and mnternal grandparents. e. Plaintill'lacks ercdibility in asserting her claim/or primary physicnl custody, since she misreprcsenlcd to this Court thc tactual circumstnnces involved in thc childrcn's move to Nonhumberland County and provided an inaccurate addrcss for the children lor thc pcriod thcy rcsided in Perry County from Octobcr 1998 to August 2003. f. Dc/endant is thc pcrson who cun best provide for the childrcn for reasons including, but notlimitcd to, thosc set forth bclow: i) Defcndant has been and is ablc to providc a nurturing nnd loving environment for both children whilc also providing for their I l I f 1. \ I, H i I, 1 , , physicnl, emotional and cducational needs. lie hus been the children's primary carctukcr since Plaintilfmovcd from the lamily rcsidcnce in Shamokin on August 13,2003. . I , " , I' . 1\ " " II ii) Thc childrcn arc currently cnrolled in school in the Shnmokin Arca School District, wherc thcy arc doing wcll, iii) Delcndunt hus bccn uctivc in cnsuring thutthc childrcn rcccivc a good cducution, und hc intcnds to llbtnin psychl1logicul counscling for thc childrcn to help thcm dcul with thc brenkup of thc family. iv) Delcndunt is the parcntthut can best facilitutc n rclntionship bctwcen thc children und their mothcr. 25. Defcndant Robcrt L. Longo, Sr" rcquests thnt the court ordcr thc following: a. Grunt the purtics shared Icgnl custody of Robert L. Longo, Jr. and Philip L. Longo. b. Grnnt Defendant primary physical custody of the two children. c. Upon proofofPlaintitrs compliance with the plan prescribed by hcr physicians for treatment of hcr dcpression, grant PlaintW' partial custody of the children at times mutually ngrccable to thc parties. d. Prohibit Plaintiff from exercising partinl custody of thc childrcn at the home of their mnternal grnndpurents. 26, Each parent whose pnrcntnl rights to the children huve not becnterminutcd und the person who has physical custody of thc childrcn has been named us partics to this action, VIOLET J. LONGO, IN TIlE COURT OF COMMON PLEAS OF PIa in rifl' CUMBERLAND COUNTY PENNSYLVANIA vs, No. 96-3441 CIVIL TERM RODERT L, LONGO SR. Dctcndant IN CUSTODY I'ETITION FOn SPECIAL nELlEI>' AND CONTEMI'T OF CounT Petilioncr, Violct 1. Longo, by and lhrough her counsel, Joan Curey and Jessica Diamondstone of MidPenn Legal Services, statcs the following: I. Pctitioncr, the above-named Plaintiff, hereinaftcr rcferred to as the molher is Violct J. Longo, residing lit 356 Hummel Strcct, Harrisburg, Duuphin County, (") ~.~ Pennsylvania 17104. "t' c':' u:r.~,. 0:::;'( 2. Respondent is the above-numed Defendant, Robcrt L. Longo Sr., U; I' ~.~\. hercinafter referred to as the father, who residcs atl6 West Willow Strect, Shamti1do; ~~ ~-"';. West Cumber/and County, Pennsylvania 17872 =< 3. The above-numed defcndunt is lhe naturnl fathcr of Robert L Longo Jr. bom June 2,1994, and Philip Longo bom July 16, 1996. 4. By prcvious order of this Court, Juuc 20, 1996, the mother, Violct J. Longo, has primary physical and legal custody of Robcrt L. Lougo Jr. Therc is no cuslody ordcr conccrning Philip Longo. 5. Thc tlllhcr, Robert L. Longo Sr., has removcd thc children from Cumbcrland County, whcre thcy residcd until August I I, 2003 ,lIld has takcn them to Shall1okin, Pcnnsylvania. C'J \J} C':l ~ I -: :. ~ ("1 -n ..... ~.'l-~;~J "'l,J:! ...,.... "';.'~~i:1 ;") : lrn .;;~ ~ ;'? ;-...) ."J 6. Th~ fathcr has told th~ mothcr that ifshc trics to initiate any contact with thc childrcn hc willllcc thc statc to anundisclnscd location. 7. Thc fathcr is putting thc children in danger and not acting in thc children's best intcrcst for rcasons including, but not limitcd to, thc following: a) Bchaving viol~ntly lowurd the childrcn and exhibiting suicidal behavior which has resulted in in-paticnt psychiatric carc in thc past und Ollt-patient psychiutrie cure which hc has discontinucd aguinst the rccommendation of his doctors. The dcfcndant's psychiatric history was the busis for thc supervised visitation only in this Court's order of June 20, 1996. The bchavior has continued sporadicully sin~c that timc such that the mother has had to monitor his bchavior toward thc childrcn on an ongoing basis. b) Violating thc court order which gives the mother primary physical and lcgal custody of Robert Longo Jr. and gives the father supervised visitalion only, by taking the children out of Cumberland County and refusing to rcturn them, and refusing to Ict the mothcr have any contuet with thcm, and threatcning to tuke thc children out of the state to an unknown location if the mothcr trics to make contact with the children. c) Removing the childrcn from the mothcr's custody, creating a situation which cndungcrcd thc childrcn, bccausc thc fathcr had discontinued both his mcntal h~alth mcdications und thc out-paticntthcrapy prcscribed by his doctors. Thc Illlhcr's instahility causcs thc mothcr to Icar for thc safcty of thc childrcn, 8. The lathcr is in contempt of a prior court orucr, entered by this court on June 20, 1996, by his delibcrate acls which have prevented the mothcr from excrcising legal and physicul cuslody of Robcrt Longo Jr. 9. Thc mothcr is thc pcrson who ean bcst provide for the childrcn for reasons including, but nol limitcd to, thc following: a. Thc mothcr is prcscntly uhlc to providc tor the childrcn by giving the childrcn a safe, nurturing cnvironmcnt and providing for their cmotional, physical, mcdical und cducationul nceds, b. Thc mother can providc a safe and compliant home environment for these childrcn. c. The mother is the parcntmost capable of facilitating contact between the childrcn anu the non-custodial parent. 10. Thc mother requcsts thut the Court grant primary physicul and legal custody of the children to hcr and ullow the father supcrvised visitation only. 11. Without this Court's intervention, the children could be in danger of irrcparablc haml, WHEREFORE, Petitioner rcspcctliJlly requests the following: a. That the Court illlmediately rcmove the childrcn from danger by granting custody of Philip Longo 10 thc mother and ordering the fathcr 10 comply with thc Junc 20, 19% order of this court granting the mother primary Icgal and physical custody of Robert Longo Jr.. VERIFICATION The ubuvc-numcd PLAINTIFF, Violl't J. Longo, vcrities that the stutcments mude in thc above Complaint For Custody urc truc nnd cnrrcct. Pluintiff understands thatlhlse statemcnts herein llrc madc subjcct to thc pcnallics of III Pu. C.S. ~4l)04. rclating to unsworn Ihlsitication to authoritics, Date:)O '.01- 03 d <1 J I- ~{O"(Q.r#.' -1}-);?/</ttJ' Violet 1. Itbngo 1/ THIS LEASE WITNESSETH, That HARK A. ROSIN! horoinal.or relorrtd.o .. L...ar, htroby L..... to ROBERT LONGO herelnall.r ref.rred 10.. T.nanl(.), for Ihe Ttrm of -L.1.\lar common'in~ un II". 7th "a.> aj August _ . 2~ and ond/n~ an tho 5th doy 0/ ~~ 2--4_ the fallaw/ll~ aparrment/n II. pr"onl ,ondlllon atlJLwJ..tolJ St.. ShAmokln. Pa. County, r., .Ith. r.nt o(S":" 275.,00 per~~Ph.nlto~. paid IlIlllOllthIY~">lXKra"K~, without dem.nd, in ad".n,e, In Iho amount of S __2.l.5.Loo , pay.ble lhe n"t d.y of F.,1~h Hnru.L and on each and every month th"eoner durln~ "he term u, allY rellmallhereuf. The Ten'nI(') lunhor 'K"" 10 porlolm. lully ob.y .nd enmply ,,,II, "II !I" ",0);,,'1""'. ,uk" "~Ul",,,,,,, ,n~ I".. u, ,II ''""',' ,ulhomi... boOl~ of om",., ",..ina 10 ..id p"miSCI, Orlh, Imp,,,,,,,,,,,,, !I"",,,, '" '" !I", "'" !I,,,,,,,, a""'''"h" '"'' I" "w '" ""up)', <or .,ller 0' permit .ny pe..on or body.o use 0' O"upy, Ihe ..Id p"nli.", '" ,"'y I'"" Ih'''"I, I", ,"'y I""P"" '" uw '" ""1"",,, of 'ny I"", 111111.11, or ordinance, whClher FederAl, SIIIC or municipal. during Ihe lerml,f )Jid 11:;1)10:. Tenam(.) '1""'0 pay · lCoun.y depo"'ln 'h. 'mounl ol S , prior 10 o'Cupun,y of,h. ap..nmenl, The ",u,I,y depo.il .hall be held by Ltllo, 0' hisaKenl, "",u.lly Iur Ihe p,'yn",u or "II rer" and other umoum, d" 1I.,n Tenna,,"(.) 10 tCllor. or hi.aa.n" lor Ih. T.nanl(l) pcrld,m<cn,. Oflhol,,,,.. .nd '""nl! .ny ~ama~.. 'aUICd 10 .h. apanmen' or an}' O'her pa" of t:'''''r'. p,op,"!, by Ten'nl"), hi. (,mBy, .nd/o, IU,,", Ten''''I>) und"'land. .nd '"'0<' Ih" Ihe mUIII}' d'po,n m.y nOI ho. .pplied u ren, or alainll .ny olher 'mou", due flam T.n.nt(.) 10 t'M" ";lh"uI I.",,"r'. or ulenl'. wr;lI.n <onlenl, .noJ Ihallh. mU"'hl}'" rem wiU be paid eacn monlh, includina lhe liut month or tho ICIJ: Icrm II i, funher .11"d 'h'l i( .aid Tenanl!') .h.1I remove or .."... 0' d,,','" un Inlenloon In "nIO.O .ny 0(, he loodl.nd 'hUl"" frum fI" prcmll... or if 'h. Tenan.(.) .h,jJ perml' any jUdamenl 10 b. 'n"red uK';'''' Ihe Ia;d T,,,.nl(.) ur m,k,.n all;~nmenl ror Ihe ben'"1 nl 'redilOll orshould .ny ban',upleY P'O"edin/ll be b'"un by 0' al,in>l .,doJ T,nUnl('), Ih, ,<'" fnrl h, (ull Ie"n .h.1I ""um. ;01 m,o;'''ely duo .and cIJUer.liblc, ^ delermininl M'h"erm, Orthe re"ipI or "nl . II or def.ul" oraller jn.IWOlonl, u, "ler" ceu,,,,", >h,1I nOI d<priv< "" I.'"or of 01 h" a"ion 'I.inll Ih. Tenanl lor pOIlCllion 0, lor "nl, or (oroamal'" Th.I.'.<<nl m.y Ule 1110 "medi.. her.ln a,ven art hale P""',bed by la", or bOth, and Ihe tellor Or ^I'", m.y ""er, al will. 10 in'p"llh. pICml"., 10 lake UJ "no pmon. on ,aid p,ope"!,, "",na 10 IOnl 01 purchuc, molxc repairs and pOll nOlkes of "To Let" and "For Sale," Ifth. pr.mise." any lim. bo d...nod orclolCd.lh. twor may ""er b, fore., IV;I"OUI l;ahBny.o p,o",uI;on 0' "OIon Iherefor, "-I,, Ihe premi.es,.. ^Ienl oflh. Tenanl, lorany un"pired ponion Ollh, '''10 .nd "CO,,, Ih, lonl Ihcrdor and upplY;1 nn Ih" t.....e. The tes.orshaU no. be Uable lor any Injury ordamaa'IO any person ur 10 '"y prup'rlY HI .ny lim. On .aid p"mim or huBdln~ lrom an} ,"Use wh""er which may arise lrom 'he Use orcondilion ol..id p"m;.,o'; nr huBdin~ n, Irn", ice Ih<renn, o,flum wo"" 'oln Or .now wh'oh may leak inlo, illue orOow lrom any pari orlOid buiidln", 0' lrom Ih, pIP<' '" pl""'hin~ ,,' 11,< 'an1O, "rlII"n uny "'h,, 1",1" ur "UUllcr. ur (rom an)' olher cause, durina uid Wm or any I cncw6I1 thereof, NOTE - The followinl eondllion. or .ny rul.. .dopted (0' Ihe plOmi", u" 10 bo ono""o"o u, pUrl of III. ~enerull.olUC: I, T.nanl's .;r'''IO Ule Ihe ap.rlm.nl only .'Ihe personal "'id,n" ", T,n.nil.) and hi'/her Ilh,lrchlldlOn, .nd nOI 'u 'lSi~n. hi> 10"" Or .ublel'he .pa"men,. Ten.nl!.) '1"" nOllo .lter nor mak. .ddilluns In Ih. Uparlmenl. ill painl or ill r."ur.. ond .ppllan", wi,houl t...o~. or .aen,'. w,l"en eonsenl. Ten.nl(') 'I"es nOI 10 do or perm" uny ." or pro"i" injullous,o Ihe build in" or whieh m.y be unleasonabl. or dillurblnllo 'h. olher ".idenll, or do .ny.C\, 0' perm;1 un)' '''Which muy .rle.. Ihe in>Ul.n" on Iho build,ni, 2. Ten.nl(,) alrees'o use duo"re In Ihe use o(lhcap.llm.n, end Iheap"I;;""" IhCle;n, and.1I olhor PM" O(Lwor'. properly, 10 i'''' no,I,,,o tes.ororal.nl O(lh. need (or rep.ir Ihcrco(, .nd 10 pay lnr.1I rcpu,,, 'a .hcap.llm'nI. ill eon "Ill. and '0.11 Olher paru orL...,,(, or alen". propony whleh .rc ncceuila"d by Ihe lack ol "" Cn Ihe purl or Tenanl(S), nlCmber. 0''1'''0'''(,) f'mll)', or hi. v;.i,"". J. tcu,ror .,.nl or .ny person 'Ulhoriled by teuor, 'h.1I h,,, Ih< "~hl 10 ""er apOl'm,nl" rcu"'n.hle I;n", 10 In.p"" nlak, rep.i.. and alt"alion. u needed, 'a ,nlorecthi.I"... .n~. .ller nolice "fl"',II'''''iu" i. ~ivcn, '" .how I hcap''''nl''" I 0 pI "'pe",vc ro.I~",,, 4, Thi.1e..cconl." no 'ilh" on T.n.nl(,) 10 use. for .ny purpu... uny uflll, p,upmy ul I.".ur UI h,r Ih.u Ih, ;m,,;or u(lho ap.,.",<O! hereby le..ed, ""P'lh.walk..nd rO'dway,ond ro.dw,y. K.inin~ ac,"" III<I'"n ;"'~ .u,h ",IIOr """, if '"y,,, LClIor muy, lrom II",. 10 ,im" desil.a"fo"h. use ofth. resid'nll, Wh,n .h. Ule by Ten.nl(,) M.ny uII", PO'II"n ol L<hor" P,uporly i. pC/milled, il.h.1I b'.ubj", '0 the Illlc.s and rei\llaliolU cstablished by LChor, j, No Infmab shall bt kepi on or about lhe: prcmius. 6. IfT.n.n,(.) .hall (.1I '0 p'y ronl. or .ny o'her.um., 10 tOllor whenlluo, or ,,,.11 do(.nll in any olhCl PlOv;,ion, o[llI;,'e"o, or 'hall "movaora".mpllo remov, hi> POlles.lon. lrom 'h. premi... b.lo" p,y;!!" 1'1 Lwor ollrenl duolo Ihcc!!d Oflhe 'ea" IClm, twor of hi, licnl. In addilion 10 all other remediu providcrl by law, may: A, dl.sc~nlInuc utility scrvice provid~d by owner, S, lerminalc Ihis I(Uti , C. briPlln laion to reCOVer Poucssion or Ihe prcmisCJi D. brinlan ."ion.o reeoverrhe whok bul.nce ofthcrem .n.rolher """~" dlle """under, or wh"",r kiud 'nd lIalore, "~Clher w!!h .ny and aU ,onsequ.nlial d.m'les ""00) by 'renanl!,) derault, inclo~ln" ,oo.on.ble ,"olney. (ces uno COull 'Os/., Th. T.n.nlllso ...pre..ly wai.es 10 'ho L",otlho ben.r., o(p,ovi.ion. ofThol.,ndlord nnd T.n.nl 10" o( 19$1 rel"ina.o NOIr""" Quil.lOd rOn.luabl. eon.ld"..ion, eoven.." und alre" '0 vaea", "010" f,om 'nd del;", up pOII"'ion O(lhe aid preml,,, al any lime upon recclv/nl'h;ny day.' no,i".o 10 do, in whi,h '1U"ho teuor or hi.llIiKn.may ''''nler .nd lake pOlleulon Ihmol, (See, JOI. 69 P. S. 2JO.JOI) Snow Rlimoval Trash Removal Upkel!p !olf Grounds ^" ri,h.. a"d li..~i1;li.. IIm;n liVen '0 u, impo... upon e;lher 01. he P"'Io'" h.. "0, .hull ""n~ Iu !I" h""... "UIUI', 'om'nl",,, "r<, .u,e:..o" and ...iln. oflueh pany, I(lh. saiJ Tenanl(') (",ilh 'onSCn' oflh. I.e>>.r) .h.1I '""Iin''';n PU"''';UII of '''d prem"" a(ICr lh, "piralion of'h, term O('hi, leue. or any "n,wallhmol, 'hen Ihi.a~rcen""1 ,1"11 b"om, 100me~,,,,'Y oper,,;\,O on a mOntl,,"o-monlh buiJ. 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I . ~ > 9 ~ ~ I . \ I , I -- .-.. . ---- .- .-- ~ " . << z . 0 ~ ~ " u u 0 .-"tf" -- --- --' _....- . ~ . . 8 ~ Z 5 --- a ~ ~ << u " S ---- S --I--- ~ . ~. ~ u 1: ;;; w 0 (; ~ w << '" c i!' 0 ~ u U ~ ~ w 0 '" ~ '" '" - ~ % W . .. . :l: < " ~ w (; :l: ~ '" . w << :I: c 0 - ~ ~ ~ . c c . ~ . 0 % ~ . ~ ~ c ~ ~ << :z ~ ~ z ~ ~ . ~ << :;; ~ .. z i'i ~ . 1: ~ w ~ % . . 5 . z ~ . ~ . . << I ~ . w a ~ " . . 3 5 ~ << ;: ~ ~ << . ~ , " . z o ~ << :; u u o ~ i ~ o ~ ~ . ,---- ~ . o % ~ ~ ~ > ~ . . ~ % . o ~ ~ < ~ .- -=~ z o ~ << ~ ~ u u o z o ;:: j ~ o ~ o z ~ ~ ~ % Ii ;;; (; 1- I~ I . ' , , at 27 N. Humer street, Enola, ponnsylvania. He is O1Iarr1ed. 4. The relationship of plaintiff to the child is that of mother. 5. The relationship of defendant to the child is that of father. The plilintLff currontly resides with the following persons: U.nma Relationship Robert t.. Longo, Jr. Robert Longo, Hr. son husband 6. PlaLntitt has not participated as a party or witness, or in anothor cnpilcLty, in other litigation concerning the custody of the chLld in thLs or another court. 7. I'lnintLtr has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. PlaLntiff does not know of a person not a party to the proceedingo 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: iI. The father agrees that it would be in the best interest of. the child and would ensure stability for the child if the mother has primary physical custody should the parties separate. b. There has been a history of the father removing the child from the mother's custody, creating a situation which endangered the child. c. The father has received in-patient pSYChiatric u:~, 1 's.,.I ..,- er) )- h, e\, \-: . ; ; :~ LJ . ( , '~" C ~ .... ".:" , ;.j I , , , '! : i - , , . ; ,::", - ,. I I '. :') :i C) '."':) (J , r:",:1 (~4\ r~.;" - ~~: U ~ C' 'I'" '. . . ,~:~;",\I U .'~, _.' ., ".~ '.. ~"",i'i I I Fl:~:~ ::,y~I/J.Hi\ , i , 1 , , I " ":. VIOLET J. LONGO, Plaintitl. IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 96 - 3441 CIVIL TERM v. ROBERT L. LONGO, SR, Dctcndnnt CUSTODY ClISTOI)V AGIlF.F.MENT TIllS AGREEMENT, l11udc this 1" day of Dcccmbcr, 2003, bctwccn Robert L. Longo, Sr. ("Fnther"),llnd Violct J. Longo ("Mothcr"), concerns the custody of their children: Robcrt L. Longo, Jr. nnd Phillip L. Longo (collectively "the childrcn"), born June 2, 1994 and July 16, 1996 respcctively. Father nnd Mother dcsire to entcr into an agrcement as to thc custody of the children. Father nnd Mothcr agree to the following: 1. Father nnd Mother shall sharc legal custody of the children. 2. Father shall have primary physical custody of the children. 3. Mothcr shall have supervised visitation with the children once a weck nt the YWCA of Grenter Harrisburg, 1101 Market Street, Harrisburg, Dauphin County, 17103. These visits will take place at a timc mutually agreeable to the partics nnd thc YWCA ofGreatcr Harrisburg. In the altcmntive, Mothcr shall have supcrvised visitation with thc children once a week at n timc and locntion mutually agrecd upon by thc parties. 4. If Mothcr cannot bc prcsent lor a prcnrrangcd supcrvised visitation, she must contact tuther approximatcly six (6) hours prior to thc timc ofthc visitation. 5. Fathcr nnd Mothcr also agrce to mcct with Dr. Laura Grennlcc, or nnothcr Iiccnscd doctor of psychology or psychiatry ns ngrccd upon by thc pnrlics, to discuss co-parenting and othcr issues. Thc partics ugrcc to mect with Dr. Grecnlec twicc: oncc with Mother und Fnther only, und oncc with Mothcr, Fnther .~~ '- -, --~ >- ..:r ~ u' ,~ u-: ... ,;" U.I':' ::>~ ". 1-) - ~'-I-- (~ ' ~~ :; '.")1,: ,'1II~ (~.. ~!~ or :. . ,.. , .1 :... (/ \~, I I ,!~ <. \, . ,il'o .-' I fl a.. ". I"'" "3 <'.) ;~.J b r ~5 2004 VIOLET J. LONGO, Plaintiff v, : IN TIlE COURT OF COMMON PLF.AS OF : CUMBERLAND COUNTY, PF.NNSYL VANIA : NO. 1996-3441 CIVIL TERM ROBERT L. LONGO, SR., Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COlJRT AND NOW. this 4th day of March, 2004, ninety (90) days having past and no party has requested another conciliation contcrence, the Conciliator hcrcby relinquishes jurisdiction in this malter. FOR THE COURT, ~~ JI. V~ dy Conciliator 7. On or about Christmas 01'2003, mothcr informcd fathcr ofhcr intcntion to tilc for divorce nnd since thuttimc, Hither has rcfu:;cd to comply with lhc Ordcr. 8. Thc fnthcr hns willfully disobcycd thc Ordcr in wnys ineluding, but not limited, to the following: a, Fathcr has dcnied mothcr visitution with the childrcn since Christmas 2003. !J, Futher has dcnicd mothcr's telephone contnct with thc childrcn sincc Christmus 2003. 6. The father is not acting in thc children's bcst interest for rcasons including, but not limited to, thc following: a. Thc father's continunl alienation of the motber interferes with thc appropriate and henlthy mother/son relationship that is imperntive to thc children's emotional dcvclopmcnt nnd wcll-being. b. Father encourages the children to believe that the mothcr has intentionally abandoned them and no longer wishes to sec them. c, Father cncouragcs thc childrcn to distance themselvcs from the mothcr. 7. The mother is entitled to pcriods ofvisitntion with the childrcn for rcasons including, but notlimitcd to, the following: a. Prior to the Dcccmber 2003 Ordcr, mother had primnry physicul custody of the children. b. The mothcr lovcs nnd hus cnred for the children and prescnts no dnnger to the childrcn. c. The mothcr wants to work cooperutively with tl>c fathcr in order to give the childrcn the bcnetit of huving lwo parents involvcd in thcir livcs. ,r, -.- " ) \,11 , ,- ;c_! ,,- 'I i <oJ C)I j rt,! \,'..1 u ~\ --.1 t..' ' - , r" ." ~ p. : , u ~--~ ,_I ~ t::? \./\ "'z:: , VIOLET J. LONGO, Plaintiff vs. ROBERT L. LONGO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Violet J. Longo, residing at 27 N. Humer Street, Enola, Cumberland County, Pennsylvania 17025. 2. The defendant is Robert L. Longo, currently residing at 27 N. Humer Street, Enola, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks custody of the following child: Name ~resent Residencp Aqe Robert L. Longo, Jr. 27 N. Humer Street 1 1/2 yrs. Enola, PA The child was born out of wedlock. The child is presently in the custody of Violet Longo, who resides at 27 N. Humer Street, Enola, Pennsylvania. During the child's lifetime, the childl has resided with the following persons and at the following addresses: Name plaintiff defendant Address 27 N. Humer Street Date birth - 3/21/96 defendant plaintiff plaintiff & defendant unknown 27 N. Humer Street Enola, PA same location 3/21/96 - 3/25/96 3/25/96 - 3/30/96 3/30/96 - present The mother of the child is Violet Longo, currently residing at 27 N. Humer Street, Enola, Pennsylvania. She is married. The father of the child is Robert Longo, currently residing at 27 N. Hu~er Street, Enola, Pennsylvania,. He is married. 4. The relationship of plaintiff to the child is that of mother. 5. The relationship of defendant to the child is that of father. The plaintiff currently resides with the following persons: ~ame Re~ Robert L. Longo, Jr. son Robert Longo, Sr. husband 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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: a. The father agrees that it would be in the best interest of the child and would ensure stability for the child if the mother has primary physical custody should the parties separate. b. There has been a history of the father removing the child from the mother,s custody, creating a situation which endangered the child. c. The father has received in-patient psychiatric treatment at Holy Spirit's mental health facility, and is currently residing at the marital residence. 10. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant primary physical and legal custody of the child to the plaintiff and supervised visitation in the defendant at times and places to be agreed upon by the parties should the parties separate. Respectfully submitted, orney for LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-named plaintiff, VIOLET LONGO, 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 18 Pa. C.S. section 4904, relating to unsworn falsification to authorities. Violet ~go, plain~ff VIOLET J. LONGO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW ROBERT L. LON~O, S~. : NO. 9~- ~,¥"// ~ 7--~ Defendant: PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Violet J. Longo, Plaintiff, to proceed in forma pauperis. I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VIOLET J. LONGO, Plaintiff V. ROBERT L. LONGO, SR. Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 96- AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS matter and because of fees and costs of action or proceeding. 1. I am the plaintiff in the above financial condition am unable to pay the prosecuting, defending, or appealing the 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Violet Longo Address: 27 N. Humer Street Enola, PA 17025-2005 Social Security Number: 167-58-8736 (b) If you are presently employed, state Employer: N/A Address: N/A my (c) Salary or wages per month: N/A Type of work: N/A If you are presently unemployed, state Date of last employment: 1995 Salary or wages per month: $151.90 Type of work: Kennel care Other income within the past twelve months Business or profession: $250.00 until 1/96 Other self-employment: None Interest: None Dividends: None Pension and annuities: None Social Security benefits: None Support payments: None Disability payments: None Unemployment compensation and supplemental benefits: None Workman's compensation: None Public Assistance: None Other: None (d) Other contributions to household support (Wife (Husband) Name: N/A If your (husband) (wife) is employed, state Employer: N/A Salary or wages per month: N/A Type of work: N/A Contributions from children: N/A (e) Property owned Cash: None Checking Account: $49.99 Savings Account: None Certificates of Deposit: $286.00 Real Estate (including home): None Motor vehicle: Make None Year Stocks; bonds: Other: None Cost None Amount owed (f) Debts and obligations Mortgage: None Rent: $360.00/mo. Loans: None Monthly Expenses: Electric-S137.00, Oi1-$22.00 Telephone-S30.00, Car insurance-S38.00, Gas-160.00 Groceries/miscellaneous-$200.0Q, Diapers-S63.00 (g) Persons dependent upon you for support N/A (Wife) (Husband) Name: Children, if any: Name: Robert Lonqo, Jr. Age: 22 mos. 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made ~ubject to the penalties of 18 Pa. C.S. 4904, relating to authorities. '~o unswor~ falsification Violet L~g~), Plaintiff VIOLET J. LONGO, Plaintiff ROBERT L. LONGO, SR., Defendant : NO. 96- : : CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM This Agreement is entered on this day of June, 1996, by the plaintiff, Violet J. Longo, and the defendant, Robert L. Longo, Sr. The plaintiff is represented by Joan Carey, of Legal Services, Inc.; the defendant is unrepresented but is aware of his right to have an attorney. WHEREAS: The father, who was threatening suicide and who had guns in his possession, removed the child from the mother's custody for an extended period of time, causing the mother to fear for the child's safety. WHEREAS: The father received in-patient psychiatric treatment at Holy Spirit Mental Health facility, and has been released and is undergoing out-patient counseling. WHEREAS: The parties agree that it is in the best interest of the child and would ensure stability for the child if the mother has primary physical custody should 'the parties separate. 1. The mother and father agree to the entry of a Custody Order regarding their child, Robert Longo, Jr., which provides for the following should the parties separate: a. The mother will have primary physical and legal custody of the child. CONSENT AGREEMENT b. The father will have superw[sed visitation with the child at times and places to be agreed upon by the parties. 5. The parties realize that their child's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. WHEREFORE, the parties request that an Order of Court be entered to reflect the above terms. Violet ~ngo, Plaintiff Ca Attorney for C/ LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pa 17013 (717) 243-9400 Robert ~.ongo~De~da~t VIOLET J. LONGO, Plaintiff ROBERT L. LONGO, Defendant SR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUSTODY CUSTODY ORDER AND NOW, this ~ day of June, 1996, upon consideration of the parties, Consent Agreement, the following Order is entered with regard to custody of the parties, child, Robert L. Longo, Jr.: 1. The plaintiff, VIOLET J. LONGO, hereinafter referred to as the mother, shall have primary physical and legal custody of the child should the parties separate. 2. The defendant, ROBERT L. LONGO, SR., hereinafter referred to as the father, shall have supervised visitation with the child at times and places to be agreed upon by the parties. 3. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child,s love or respect~f~r/~he other parent. By the coU~t,~ / VIOLET J. LONGO, Plaintiff VS. ROBERT L. LONGO SR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVAN£~ No. 96-3441 CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF AND CONTEMPT OF COURT Petitioner, Violet J. Longo, by and through her counsel, Joan Carey and Jessica Diamondstone of MidPenn Legal Services, states the following: 1. Petitioner, the above-named Plaintiff, hereinafter referred to as the mother is Violet J. Longo, residing at 356 Hummel Street, Harrisburg, Dauphin County, Pennsylvania 17104. 2. Respondent is the above-named Defendant, Robert L. Longo Sr., hereinafter referred to as the father, who resides at 16 West Willow Street, Shamokin, West Cumberland County, Pennsylvania 17872 3. The above-named defendant is the natural fiather of Robert L Longo Jr. born June 2, 1994, and Philip Longo born July 16, 1996. 4. By previous order of this Court, June 20, 19'96, the mother, Violet J. Longo, has primary physical and legal custody of Robert L. Longo Jr. There is no custody order concerning Philip Longo. 5. The father, Robert L. Longo Sr., has removed the children from Cumberland County, where they resided until August 11, 2003 and has taken them to Shamokin, Pennsylvania. 6. The father has told the mother that if she tries to initiate any contact with the children he will flee the state to an undisclosed location. 7. The father is putting the children in danger and not acting in the children's best interest for reasons including, but not limited to, the fbllowing: a) Behaving violently toward the children and exhibiting suicidal behavior which has resulted in in-patient psychiatric care in the past and out-patient psychiatric care which he has discontinued against the recommendation of his doctors. The defendant's psychiatric history was the basis for the supervised visitation only in this Court's otrler of June 20, 1996. The behavior has continued sporadically since that time such that the mother has had to monitor his behavior toward the children on an ongoing basis. b) Violating the court order which gives the mother primary physical and legal custody of Robert Longo Jr. and gives the father supervised visitation only, by taking the children out of Cumberland County and refusing to return them, and refusing to let ~Ihe mother have any contact with them, and threatening to take the children out of the state to an unknown location if the mother tries to make contact with the children. c) Removing the children from the mother's custody, creating a situation which endangered the children, because the: father had discontinued both his mental health medications and the out-patient therapy prescribed by his doctors. The father's instability causes the mother to fear for the safety of the children. 8. The father is in contempt of a prior court order, entered by this court on June 20, 1996, by his deliberate acts which have preventer[ the mother fi.om exercising legal and physical custody of Robert Longo Jr. 9. The mother is the person who can best provide for the children for reasons including, but not limited to, the following: a. The mother is presently able to provide :['or the children by giving the children a safe, nurturing environment and providing for their emotional, physical, medical and educatJ[onal needs. b. The mother can provide a safe and compliant home environment for these children. c. The mother is the parent most capable of facilitating contact between the children and the non-custodial parent. 10. The mother requests that the Court grant primary physical and legal custody of the children to her and allow the father supervised visitation only. 1 I. Without this Court's intervention, the childre:n could be in danger of irreparable harm. WHEREFORE, Petitioner respectfully requests the following: a. That the Court immediately remove the cl~tildren from danger by granting custody of Philip Longo to the mother and ordering the father to comply with the June 20, 1996 order of this court granting the mother primary legal and physical custody of Robert Longo Jr.. b. That the Court prohibit the father from :removing the children from Cumberland County. c. That the Court hold Robert Longo Sr. in contempt of the June 20, 1996 order of this Court. Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, Jessica Diamondstone Attorneys for Plaintiff/Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 VERIFICATION The above-named PLAINTIFF, Violet J. Longo, verifies that the statements made in the above Complaint For Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Violet J. ~6ngo P' VIOLET J. LONGO, VS. ROBERT L. LONGO SR., Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 96-3441 CIVIL TERM : CUSTODY ORDER OF COURT AND NOW, thi~;~'tt/~aYof _(~_~ 2003, upon consideration of the Petition For Special Relief, the following order is entered regarding custody of Robert L. Longo Jr. bom June 2, 1994, and Philip Longo bom July 16, 1996: 1. Primary physical and legal custody of Robert Longo is confirmed in Violet J. Longo, hereinafter referred to as the mother, pursuant 'to this Court's order of June 20, 1996. 2. Violet J. Longo shall have primary physical and legal custody of Philip Longo. 3. Robert L. Longo Sr. shall return the children to the plaintiff's custody within four hours of receipt of this order. 4. Robert L. Longo Sr. shall be enjoined frorn removing the children from the mother's custody. 5. The father shall have the right to supervised visitation at the Y.W.C.A., through their supervised visitation program, in Carlisle, Pennsylvania, at times agreed upon by the parties. ~an Carey, Attorney at Law Jessica Diamondstone, Attorney at Law MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 ,,~obert L. Longo Sr., pro se defendant 16 West Willow Street Shamokin, Pennsylvania 17872 / Violet J. Longo, Plaintiff, V. Robert L. Longo Sr., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND .COUNTY, PENNSYLVANIA : : NO. 96-3441 CIVIL TERM : : IN CUSTODY PRAECIPE TO PROCEED IN FORMA iPAUPERIS To the Prothonotary: Kindly allow, Violet J. Longo, Plaintiff, to proceed in forma pauperis. I, Jessica Diamondstone, attorney for the party proceeding in forma pauperis, certify that ! believe the party is unable to pay the costs and that I am providing free legal services to the party. Joan Carey '~ Jessica Diamond~,~tone Attorneys for Plaintiff MidPeun Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VIOLET J. LONGO, Plaintiff VS. ROBERT L. LONGO SR., Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 96 - 3441 CIVIL TERM : : CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Violet J. Longo, residing at 356 Hummel Street, Harrisburg, Dauphin County, Pennsylvania 17104. 2. The defendant is Robert L. Longo Sr., residing at 16 West Willow Street, Shamokin, West Cumberland County, Pennsylvania 17872 3. The plaintiff seeks custody of the following child: Philip Longo 16 West Willow Street, 7 years Shamokin, West Cumberland County, Pennsylvania 17872 The child Philip Longo was not bom out of wedlock. The child has been in the custody of the father, who resides at 16 West Willow Street, Shamokin, West Cumberland County, Pennsylvania 17872 since the father removed the children from the mother's custody on August 11, 2003. During Philip Longo's lifetime he has resided with the following persons and at the following addresses: Violet Longo 27 North Humer Street 7/16/96 - 8/11/03 (mother) Enola, Cumberland Robert Longo Sr. County, Pennsylvanfia (father) The mother of the child is Violet J. Longo, currently residing at 356 Hummel Street, Harrisburg, Dauphin County, Pennsylvania 17104. She is married. The father of the child is Robert L. Longo Sr., currently residing at 16 West Willow Street, Shamokin, West Cumberland County, Pennsylvania 17872. He is married. 4. The relationship ofplaintiffto the child is that of mother. The plaintiff currently resides with the following persons: Name Violet Waters Robert K. Waters Sr. Relationship mother father 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Unknown to plaintiff Philip Longo son Robert Longo Jr. son 6. The plaintiff has not participated as a party in other litigation concerning the custody of the child, Philip Longo, in this court. The plaintiffhas participated in custody litigation concerning Robert Longo Jr. in this court under this docket number. 7. The plaintiff has no information of a custody proceeding 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 for reasons including, but not limited to the following: a) By previous order of this court dated June 20, 1996, the mother, Violet Longo, has primary physical and legal custody of Robert Longo Jr. There is no custody order conceming Philip Longo. The father, Robert Longo Sr., has removed the children from Cumberland County, where they resided until August 11, 2003 and has taken them to Shamokin, Pennsylvania without informing the mother or getting her agreement. b) The father is not acting in the child's best interest for masons including, but not limited to, the following: i) Behaving violently toward the child and exhibiting suicidal behavior which has resulted in in-patient psychiatric care in the past and out-patient psychiatric cam which he has discontinued against the recommendation of his doctors. ii) Taking the child out of Cumberland County and refusing to return him, changing his schools, and refusing to let the mother have any contact with him since August 11, 2003, and threatening to take the child out of the state to an unknown location if the mother tries to make contact with the child. iii) Violating the court order which gives the mother primary physical and legal custody of Robert Longo Jr., with the father having supervised visitation only, and removing the child from the mother's custody in the past, thereby creating a situation which endangered the child. d). The mother is the person who can best provide for the child for reasons including, but not limited to, the following: i) The mother is presently able to provide for the child by giving the child a nurturing environment and providing for his emotional, physical, medical and educational needs. ii) The mother is the parent who can best facilitate contact between the child and the other parent, and can provide a stable home environment for the child. 10. The mother requests that the court order the following:: a. Grant her primary physical and legal custody of Philip Longo. b. Enjoin the father from relocating the child out of Cumberland County. c. Order the father to return the child to her. d. Grant the father supervised visitation only. 11. 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 ]her primary physical and legal custody of Philip Longo, and find the father in Contempt of a prior order entered by this Court on June 20, 1996. Confirm the custody of Robert Longo Jr., in the mother pursuant to this Court's order of June 20, 1996. Plaintiff further requests any other relief that is just and proper. Respect fully s~)bmitted, Joan L~rey Jessica Dimnondstone Attorneys fix Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9'400 ~OLET J. LONGO PLA~FF V. ROBERTL. LONGO, SR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 96-3441 CIVIL ACTION LAW : : iN CUSTODY ORDER OFCOURT AND NOW, Wednesday, October 08, 2003 ., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before J_.2acqueline M. Verney, Esq. _, the conciliator, at 4th Floor, Cumberland Count~ Courthouse, Carlisle on Thursday, November 06, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ]acqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT }lAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Sm:et Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VIOLET J. LONGO, Plaintiff V. ROBERT L. LONGO, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-3441 CIVIL TERM CUSTODY ORDER OF COURT AND NOW, this //46/tday of October, 2003, upon consideration of the Defendant's Petition for Special Relief, this court hereby orders the following: 1. The Order of Court dated October 3, 2003 and the Older of Court dated June 20, 1996 are hereby vacated. 2. Plaintiff's Complaint for Custody filed October 1, 2003 and Defendant's Answer and Countemlaim filed October 14, 2003 shall be addressed at the Pm-Hearing Conference scheduled for November 6, 2003 at 10:30 a.m. before Custody Conciliator Jacqueline Vemey. All parties and their respective counsel appear shall appear for the Pre-Hearing conference as scheduled. VIOLET J. LONGO, Plaintiff V. ROBERT L. LONGO, SR, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 3441 CIVIL TERM CUSTODY ANSWER TO COMPLAINT FOR CUSTODY AND COUNTERCLAIM Admitted. Admitted in part and denied in part. The averment is denied to the extent that it asserts that Defendant lives in West Cumberland Coanty. Defendant resides at 16 West Willow Street, Shamokin, Northumberland County, Pennsylvania, 17872. Admitted in part and denied in part. The averment is denied to the extent that it asserts that Philip Longo lives in West Cumberland County. Philip Longo resides at 16 West Willow Street, Shamokin, Northumberland County, Pennsylvania, 17872. The averment is also denied to the extent that it asserts that Defendant removed the children from the mother's custody on August 13, 2003. On that date, Mother left the children at their paternal grandmother's residence, went to the store to purchase cigarettes, and never returned. The averment is also denied to the extent that it asserts that Philip Longo resided at 27 North Humer Street, Enola, Cumberland County, Pennsylvania from 7/16/96 to 8/11/03. During Philip Longo's lifetime he has resided with the following persons and at the following addresses: Robert L. Longo, Sr. (Father) Violet J. Longo (Mother) 27 North Humer Street, Enola, Cumberland County, Pennsylvania 07/16/96 - 10/03/98 Saine 122 North Market Street, Dnncannon, Perry County, Pennsylvania 10/03/98 - 08/07/03 Same 16 West Willow Street, 8/07/03 - Present Shamokin, Northumberland County, Pennsylvania Admitted. Admitted in part and denied in part. The averment is denied to the extent that it asserts that an individual unknown to Plaintiff resides with Defendant. Only Robert L. Longo, Jr. and Philip L. Longo live with Defendant. 6. Admitted in part and denied in part. The averment is denied to the extent that it asserts that Plaintiff has participated in custody litigation concerning Robert Longo, Jr. only. Plaintiff filed a Petition for Special Relief for custody of both Philip L. Longo and Robert Longo, Jr., and an Order of Court addressing that petition was established on October 3, 2003 (see "Exhibit A,' attached). 7. Admitted. 8. Admitted. 9. Admitted in part and denied in part. The averment is denied to the extent that it asserts that the best interests of the children will be served by granting the relief plaimiff requested. Specifically, i) The averment is denied to the extent that it asserts that there is no custody order concerning Philip Lo:ago. On October 3, 2003, an Order of Court was established upon consideration of Plaintiff's Petition for Special Relief. That Order addressed custody of both Robert Longo, Jr. and Philip Longo. Defendant denies that he has removed the children from Cumberland County. The averment is also denied to the extent that the children resided in Cumberland County until August 13, 2003. The children lived in Perry County from October 3, 1998 until August 7, 2003 and then in Northumberland County from August 7, 2003 to the present. The averment is further denied to the extent that it asserts that Defendant took the children to Shamokin without informing the mother or obtaining her agreement. Both parties and the children moved to Shamokin, Pennsylvania on August 7, 2003. Both Plaintiff and Defendant signed a lease to rent the residence on West Willow Street, Shamokin, Northumberland County, Pennsylvania (see "Exhibit B," attached). ii) Denied. Specifically, i) Defendant has never behaved violently toward the children, nor has he exhibited suicidal behavior in front of the children. Defendant acknowledges that he received in-patient psychiatric care approximately six to seven years ago. He also admits that he has received out-patient psychiatric care in the past. However he discontinued such care several years ago at the recommendation of his physicians who advised him that he no longer needed treatment. ii) Defendant did not unilaterally take the children out of Cumberland County. The parties and their two children moved from Enola, Cumberland County, Permsylvania to Duncannon, Perry County, Pennsylvania in October 1998. The children attended school in the Susquenita Sch~ool District in Perry County through June 2003 (see "Exhibit C," attached). On August 7, 2003, Plaintiff, Defendant, and their two children moved to Shamokin, Northumberland County, Pennsylvania, where the children are currently enrolled in school. Plaintiff' abandoned the children at his paternal grandmother's residence on August 13, 2003, when she left to go to the store and never returned. Defendant has not refused to allow the mother contact with the children, nor has he threatened to take the children out of state to an unknown location. iii) As previously stated, Defendant did not remove the children from the mother's custody. At the time Mother abandoned the children, Father was not aware of the existence of the 1996 Order of Court concerning Robert Longo, Jr. The 1996 Order was established while the family remained intact, apparently in contemplation of the parties' separation (see "Exhibit D" attached). As indicated in PlaintiW s own Comp[aim, Plaintiff and Defendant continued to live together until August 13, 2003, over seven years after the conditional order was entered (see "Exhibit E" attached). d) Denied. Specifically, i) Defendant believes and therefore avers that the mother is not presently able to provide a safe and nurturing environment for the children. Mother abandoned the children when she left him at the children's patemal grandmother's home to go to the store and never returned. Mother suffers from depression and has been prescribed medication (Zoloft) to treat her illness. However, she does not take the prescribed medication, and Defendant believes that she lacks the stability to adequately care for the children. Mother currently resides with her parents, and Mother and the children's maternal grandparents have been physically abusive to the parties' children in the past (see "Counterclaim") ii) Denied. 10. Defendant does not deny that Plaintiffrequests that lhe Court order the relief listed in subparagraphs "a" through "d." However, Defendant asserts that the relief requested in not in the best interest of the children. 11. Admitted. COUNTERCLAIM 12. The foregoing paragraphs 1 through 11 are incorporated as if fully stated herein. 13. Defendant is Robert L. Longo, Sr., residing at 16 West Willow Street, Shamokin, Northumberland County, Pennsylvania, 17872. 14. Plaintiffis Violet J. Longo, residing at 356 Hummel Street, Harrisburg, Dauphin County, Pennsylvania 17104. 15. Defendant Robert L. Longo, Sr., seeks primary physiical custody and shared legal custody of the following children: Name Address Age Robert L. Longo, Jr. 16 West Willow Street 9 (DOB 6/2/94) Shamokin, Northumberland County, Pennsylvania, 17872 Philip L. Longo Same 7 (DOB 7/16/96) 16. The children were not bom out of wedlock. 17. The children are presently in the custody of Defendant, who resides at 16 West Willow Street, Shamokin, Northumberland County, Pennsylvania, 17872. 18. During the past five years, the children have resided 'with the following persons and at the following addresses: Robert L. Longo, Sr. (father) Violet J. Longo (mother) Same 27 North Humer Street, Enola, Cumberland County, Pennsylvania 122 North Market Street, Duncannon, Perry County, Pennsylvania 06/02/94 - 10/03/98 10/03/98 - 08/07/03 Robert L. Longo, Sr. Violet J. Longo (until 8/I 3/03) 16 West Willow Street, Shamokin, Northumberland County, Pennsylvania 8/07/03 - Present The mother of the children is Violet J. Longo, currently residing at 356 Hummel Street, Harrisburg, Dauphin County, Pennsylvania 1'7104. She is married. The father of the children is Robert L. Longo, Sr., currently residing at 16 West Willow Street, Shamokin, Northumberland County, Pennsylvania, 17872. He is married. 19. The relationship of Defendant to the children is that of father. Defendant currently resides with the following persons: Name Relationship Robert L. Longo, Jr. Son Philip L. Longo Son 20. The relationship of Plaintiff to the children is that of mother. Plaintiff currently resides with the following persons: Name Relatiouship Violet Waters Mother Robert K. Waters, Sr. Father 21. Defendant has participated as a party in litigation conceming the custody of both children in this court under this docket number. Defimdant also filed a Complaint for Custody pro se in the Court of Common Pleas of Northumberland County in September 4, 2003. Defendant believes and therefore avers that Perry County is the correct venue for this custody action. However, since neither the parties nor the children currently reside in Perry County, and since Plaintiffhas chosen to file her Complaint for Custody in Cumberland County, Defendant agrees to waive the venue issue, to withdraw his Complaint for Custody in Northumberland County, and to litigate the custody matter in Cumberland County under this docket number. Defendant also notes that the averments contained in Plaintiff's Complaint for Custody filed October 1, 2003 have not been verified by Plaintiff. 22. Defendant has information of a custody proceeding concerning these children pending in another court of this Commonwealth. On September 4, 2003, Defendant filed a Complaint for Custody pro se in the Court of Common Pleas of Northumberland County, Civil Term, Docket number 03-1251. The action is currently pending with a conciliation conference scheduled on October 14, 2003. However, as noted in paragraph 21 of this document, Defendant is willing to withdraw the September 4, 2003 Complaint for Custody so that the custody matter may proceed in Cumberland County. 23. Defendant does not know ora person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 24. The best interests and permanent welfare of the children will best be served by granting the relief requested for reasons including, but not limited to, those set forth below: a. Plaintiff abandoned the children at their maternal grandmother's residence on August 13, 2003, and she has not seen them since. She spoke with b. Defendant by telephone on September 3, 2003 and advised him that she did not intend to remm home to the family's residence at 16 West Willow Street in Shamokin, Northumberland County,, Pennsylvania. c. Plaintiff currently resides with her parents, Violet Waters and Robert K. Waters, Sr. Defendant believes and therefore avers that Plaintiff and her parents have been physically abusive to both children in the past. Plaintiff has been treated recently for depression, but is not taking the medication prescribed by her physician. d. Defendant believes and therefore avers that the children are afraid of their mother and maternal grandparents. e. Plaintiff lacks credibility in asserting her claim for primary physical custody, since she misrepresented to this Court the factual circumstances involved in the children's move to Northumberland County and provided an inaccurate address for the children for the period they resided in Perry County from October 1998 to August 2003. f. Defendant is the person who can best provide for the children for reasons including, but not limited to, those set forth below: i) Defendant has been and is able to provide a nurturing and loving environment for both children while also providing for their physical, emotional and educational needs. He has been the children's primary caretaker since Plaintiff moved from the family residence in Shamokin on A agust 13, 2003. ii) The children are currently enrolled !in school in the Shamokin Area School District, where they are doing well. iii) Defendant has been active in ensuring that the children receive a good education, and he intends to obtain psychological counseling for the children to help them deal with the breakup of the family. iv) Defendant is the parent that can best facilitate a relationship between the children and their mother. 25. Defendant Robert L. Longo, Sr., requests that the court order the following: a. Grant the parties shared legal custody of Robert L. Longo, Jr. and Philip L. Longo. b. Grant Defendant primary physical custody of the two children. c. Upon proof of Plaintift?s compliance with the plan prescribed by her physicians for treatment of her depression, grant Plaintiff partial custody of the children at times mutually agreeable to the parties. d. Prohibit Plaintiff from exercising partial custody of the children at the home of their maternal grandparents. 26. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, the Defendant requests this Court to gr~mt him shared legal and primary physical of Robert L. Longo, Jr. and Philip Longo. Defendant requests any other relief that is just and proper. Respectfully submitted, Tracie N. Wesner Certifie.I Itegal Intern Thomas, M. Place Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this Answer and Counterclaim are true and correct to the best of my personal knowledge and belief. I understand making a false statement would subject me to the penalties of 18 Pa.C.S. Se. ction 4904, relating to unswom falsification authorities. Date: Robert L. Longo, Sr. P' ' VIOLET jr. LONGO, VS. ROBERT L. LONGO SR., Plaintiff Defendant : IN THE COLrRT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 96-3441 CIVIL TERM : : CUSTODY ORDER OF COURT AND NOW th' ~_V~ -- -- ~ -- , ~s.~k~_ day of (~0_~)~)~ 1~ 2003, upon consideration of the Petition For Special Relief, the following order is ~nter---~d regard-/ng custody of Robert L. Longo Jr. born June 2, 1994, and Philip Longo born Jnly 16, 1996: 1. Primary physical and legal custody of Robert Longo is confirmed in Violet J. Longo, hereinafter referred to as the mother, pursuant to this Court's order of June 20, 1996. 2. Violet J. Longo shall have primary physical and legal custody of Philip Longo. 3. Robert L. Longo Sr. shall return the children to Ihe plaintiff's custody within four hours of receipt of this order. 4. Robert L. Longo Sr. shall be enjoined from removing the children from the mother's custody. 5. The father shall have the right to supervised visitation at the Y.W.C.A., through their supervised visitation program, in Carlisle, Pennsylwmia, at times agreed upon by the part/es. Joan Carey, Attorney at Law Jessica Diamondstone, Attorney at Law MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Robert L. Longo Sr., pro se defendant 16 West Willow Street Shamokin, Pennsylvania 17872 By the Court, 'r~ ...... ,. .nc,~et, I here unto set m ~ Protffonota~ VIOLET J. LONGO, Plaintiff VS. : : ROBERT L. LONGO SR. : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 96-3441 CWtL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF AND CONTEMPT OF COURT Petitioner, Violet J. Longo, by and through her counsel, Joan Carey and Jessica Diamondstone of MidPenn Legal Services, states the following: 1. Petitioner, the above-named Plaintiff, hereinafter referred to as the mother is Violet J. Longo, residing at 356 Hummel Street, Harrisburg, Dauphin County, Pennsylvania 17104. 2. Respondent is the above-named Defendant. Robert L. Longo Sr.,~ hereinafter referred to as the father, who resides at 16 West Willow Street, Sham~Q;i West Cumberland County, Pennsylvania 17872 3. The above-named defendant is the natural father of Robert L Longo Jr. bom June 2, 1994, and Philip Longo born July 16, 1996. 4. By previous order of this Court, June 20, 1996, the mother, Violet J. Longo, has primary physical and legal custody of Robert L. Longo Jr. There is no custody order concerning Philip Longo. 5. The father, Robert L. Longo Sr., has removed the children from Cumberland County, where they resided until August 11, 2003 and has taken them to Shamokin, Pennsylvania. 6. The father has told the mother that if she tries to initiate any contact with the children he will flee the state to an undisclosed location. 7. The father is putting the children in danger and not acting in the children's best interest for reasons including, but not limited to, the following: a) Behaving violently toward the children and exhibiting suicidal behavior which has resulted in in-patient psychiatric care in the past and out-patient psychiatric care which he has discontinued against the recommendation of his doctors. The defendant's psychiatric history was the basis for the supervised visitation only in this Court's order of June 20, 1996. The behavior has continued sporadically since that time such that the mother has had to monitor his behavior toward the: children on an ongoing basis. b) Violating the court order which gives the mother pr/mary physical and legal custody of Robert Longo Jr. and gives the father supervised visitation only, by taking the children out of Cumberland County and refusing to return them, and refusing to let the mother have any contact with them, and threatening to take the children out of the state to an unknown location if the mother tries to make contact with the children. c) Removing the children from the mother's custody, creating a situation which endangered the children, because the father had discontinued both his mental health medications and the out-patient therapy prescribed by his doctors. The father's instability causes the mother to fear for the safety of the children. 8. The father is in contempt of a prior court order, entered by this court on June 20, 1996, by his deliberate acts which have prevented the mother from exercising legal and physical custody of Robert Longo Jr. 9. The mother is the person who can best provide for the children for reasons including, but not limited to, the following: a. The mother is presently able to provide for the children by giving the children a safe, nurturing environment and providing for their emotional, physical, medical and educational needs. b. The mother can provide a safe and corapliant home environment for these children. c. The mother is the parent most capable of facilitating contact between the children and the non-custodial parent. 10. The mother requests that the Court grant primary physical and legal custody of the children to her and allow the father supervised visitation only. 11. Without this Court's intervention, the children could be in danger of irreparable harm. WHEREFORE, Petitioner respectfully requests the fi)llowing: a. That the Court immediately remove the children from danger by granting custody of Philip Longo to the mother and ordering the father to comply with the June 20, 1996 order of this court granting the mother primary legal and physical custody of Robert Longo Jr.. b. That the Court prohibit the father from removing the children from Cumberland County. c. That the Court hold Robert Longo Sr~ in contempt of the June 20, 1996 order of this Court. Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, Jessica Diarnondstone Attorneys for Plaintiff/Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 VERIFICATION The above-named PLAINTIFF, Violet J. Longo, verifies that the statements made in the above Complaint For Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §490,4, relating to unswom falsification to authorities. Date: JO'- o / - o 3 Violet J. ,~n[,° F THIS LEASE WITNESSETH, That __Mu~_RK A. RO,q[NI as Lessor, hereby Leases to ~ __ ROBERT LONGO hereinafter referred to h~reinafter referred to as Tenant(s), for the Term of _1 day o/ August __ 2003 .... · commencing on Ire __ 7t~__ --- -- · ---, and ending on the_ 5th - t/au o/' August 2--4. the following apartment in its present condition al 12~Wt lJ..c:tl, g__5.l~. SJl.~kt ~.a. at the rent ors ' 275_~_000 i~ONTH~ ~ County, Pa. · ~ per ?~r. l<ent to be paid in montl~ly~aRm~;, without demand, in advance, in the amount of $__Z75 -- ~ , payable the first d:~y of .Each ~. __ and on each and every month thereafter during 'the term or any renewal thereof. ' T~nant(s) agrees Io pay a security deposit in the amount of $ pan. o/Lessor s properly by Tenant si, 's f~:,!:.) pcrf,Orm~ n ~ of the ~ ..... and against u ny damae s ea. ....... o,her .noun s a ue tron rent will be nad ca~h --'~"i'ff ,~m~r ~moum due from Tenant(s) to Lessor -.;,, ;-}a~ds, and agrees that Ihe security dc,,osh ma-y - ....... ma, InCmdmg the lasl mon h of ha lea.se term." .-.,mm ~-cssor s or agent's wriHen conse , and~hat th.e premises, or if the Tenant(s) shall permit any judgment lo be ~ntered against the sa d 'Feuant(s) or make an assignment far tile benefit oJ' creditors or should any bankruptcy proceedings be begun by or against sitid Tenant(s), the rurl( for the full term shall become im mcdiulcly duc The L~ssor sba no be ruble rot an>, injury or damage o any perso o,' ~ any properly at any llme on st,id premises or building from any NOTE -- The following conditioa~ or any rules adopted for tile premises are to bc understood as part of the genera/ Lea~e: to the rules a~d regulations established by Lessor. 5. No animals shall be kept on or about Ire premises. VIOLET J. LONGO, Plaintiff Vo ROBERT L. LONGO, SR. Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERlaND COUNTY, PENNSYLVANIA : : CUSTODY CUSTODY ORDER day of June, 1996, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, Robert L. Longo, Jr.: 1. The plaintiff, VIOLET J. LONGO, hereinafter referred to as the mother, shall have primary physical and legal custody of the child should the parties separate. 2. The defendant, ROBERT L. LONGO, SR., hereinafter referred to as the father, shall have supervised visitation with the child at times and places to be agreed upon by the parties. 3. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hampe~ the free and natural development of the child's love or respect for the other parent. By the Court, Jo VIOLET J. LONGO, : Plaintiff : : NO. 96- ROBERT L. LONGO, SR., : Defendant : CUSTODY CONSENT AGREEMENT This Agreement is entered on this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM by the plaintiff, Violet J. Longo, and the defendant, Robert L. Longo, Sr. The plaintiff is represented by Joan Carey, of Legal Services, Inc.; the defendant is unrepresented but is aware of his right to have an attorney. WHEREAS: The father, who was threatening suicide and who had guns in his possession, removed the child from the mother's custody for an extended period of time, causing the mother to fear for the child's safety. WHEREAS: The father received in-patient psychiatric treatment at Holy Spirit Mental Health facility, and has been released and is undergoing out-patient counseling. WHEREAS: The parties agree that it is in the best interest of the child and would ensure stability for the child if the mother has primary physical custody should the parties separate. 1. The mother and father agree to the entry of a Custody Order regarding their child, Robert Longo, Jr., which provides for the following should the parties separate: a. The mother will have primary physical and legal custody of the child. __ day of June, 1996, b. The father will have supervised visitation with the child at times and places to be agreed upon by the parties. 5. The parties realize that their child's well being is paramount to any differences they might have between themselves. Therefore, they agree that neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. WHEREFORE, the parties request that an Order of Court be entered to reflect the above terms. . .-'~/ / ,~ / Violet ~ngo, Plai~{tiff ,/'/Joan Carey '~ Attorney for LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pa 17013 (717) 243-9400 'Robert I~ongo ~f.,De~da~ VIOLET J. LONGO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : : CUMBERLAND COUNTY, PENNSYLVANIA vs. : : NO. ROBERT L. LONGO, : Defendant : CUSTODY following persons Name plaintiff & defendant defendant plaintiff COMPLAINT FOR CUSTODY 1. The plaintiff is Violet J. Longo, residing at 27 N. Humer Street, Enola, Cumberland County, Pennsylvania 17025. 2. The defendant is Robert L. Longo, currently residing at 27 N. Humer Street, Enola, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks custody of the following child: Name Present Residence Aqe Robert L. Longo, Jr. 27 N. Humer Street 1 1/2 yrs. Enola, PA The child was born out of wedlock. The child is presently in the custody of Violet Longo, who resides at 27 N. Humer Street, Enola, Pennsylvania. During the child's lifetime, the child has resided with the and at the following addresses: Address Date 27 N. Humer Street birth - 3/21/96 27 unknown N. Humer Street Enola, PA same location plaintiff & defendant The mother of the child at 27 N. Humer Street, Enola, She is married. The father of the child is Robert Longo, 3/21/96 - 3/25/96 3/25/96 - 3/30/96 3/30/96 present is Violet Longo, currently residing Pennsylvania. EXHIBIT currently residing at 27 N. Humer Street, He is married. 4. mother. 5. father. Enola, Pennsylvania. The relationship of plaintiff to the child is that of The relationship of defendant to the child is that of 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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: a. The father agrees that it would be in the best interest of the child and would ensure stability for the child if the mother has primary physical custody should the parties separate. b. There has been a history of the father removing the child from the mother's custody, creating a situation which endangered the child. c. The father has received in-patient psychiatric Name Relationship Robert L. Longo, Jr. son Robert Longo, Sr. husband The plaintiff currently resides witlh the following persons: treatment at Holy Spirit's mental health facility, and is currently residing at the marital residence. 10. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant primary physical and legal custody of the child to the plaintiff and supervised visitation in the defendant at times and places to be agreed upon by the parties should the parties separate. Respectfully submitted, ~n Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-named plaintiff, VIOLET LONGO, 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 18 Pa. C.S. section 4904, relating to unsworn falsification to authorities. Violet L~go;-"plain~ff / VIOLET J. LONGO, Plaintiff V. ROBERT L. LONGO, SR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 3441 CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE I, Mary Claycomb-Kulp, hereby certify that I served defendant/petitioner's Answer and Counterclaim by hand ~telivering a true and correct copy to the office of plaintiff's attorney, Joan Carey, Esquire, at Mid Peun Legal Services, 8 Irving Row, Carlisle, PA 17013, on Tuesday, October 14, 2003. ' I~la~y C~'comb-I~p Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 VIOLET J. LONGO, Plaintiff V. ROBERT L. LONGO, SR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 3441 CIVIL TERM CUSTODY CUSTODY AGREEMENT THIS AGREEMENT, made this Ist day of December, 2003, between Robert L. Longo, Sr. ("Father"), and Violet J. Longo ("Mother"), concerns the custody of their children: Robert L. Longo, J?. and Phillip L. Longo (collectively "the children"), born June 2, 1994 and July 16, 1996 respectively. Father and Mother desire to enter into an agreement as to the custody of the children. Father and Mother agree to the following: 1. Father and Mother shall share legal custody of the children. 2. Father shall have primary physical custody of the children. 3. Mother shall have supervised visitation with the children once a week at the YWCA of Greater Harrisburg, 1101 Market Street, Harrisburg, Dauphin County, 17103. These visits will take place at a time mutually agreeable to the parties and the YWCA of Greater Harrisburg. In the alternative, Mother shall have supervised visitation with the children once a week at a time and location mutually agreed upon by the parties. 4. If Mother cannot be present for a prearranged supervised visitation, she must contact father approximately six (6) hours prior to the time of the visitation. 5. Father and Mother also agree to meet with Dr. Laura Grennlee, or another licensed doctor of psychology or psychiatry as agreed upon by the parties, to discuss co-parenting and other issues. The parties agree to meet with Dr. Greenlee twice: once with Mother and Father only, and once with Mother, Father 10. and the children present. Mother and Father agree to continue the Custody Conciliation scheduled before Jacqueline M. Verney, Esquire on Tuesday, December 2, 2003 at 3:30pm for a period of at least ninety (90) days. Mother shall be entitled to reasonable telephone access with the children while the children are in Father's custody. The parties shall keep one another advised of their current address and telephone numbers. Neither parent will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. Robert L. Longo, Sr? I I-'L o3 Date Tracie N. Wesner Certified Legal Intern Robert E. Rains, Esquire SUPERVISING ATTORNEYS FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 V o/n' Date Jessica'Diamondstone, E~uire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VIOLET J. LONGO, : Plaimiff : V. ROBERT L. LONGO, SR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 3441 CIVIL TERM CUSTODY O~RDER AND NOW, this [~'~-day of ~ Agreement is approved and emered as an Order of Court. 2003, the attached Custody BY THE CO~t~I~. VIOLET J. LONGO, Plaintiff V. ROBERT L. LONGO, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 1996-3441 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 4th day of March, 2004, ninety (90) days having past and no party has requested another conciliation conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, mey, Esq~dy Conciliator ~OLETJ. LONGO, Petitioner~laintiff ROBERTL. LONGO, Re~ondent/Defmdant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 96-3441 Crv~ TERM IN CUSTODY PETITION FOR CONTEMPT AND MODIFICATION Petitioner, Violet Longo, by and through her counsel, Jessica Diamondstone of MidPenn Legal Services, states the following: 1. Petitioner/Plaintiff, hereinafter referred to as the mother, resides at 356 Hummel Street, Harrisburg, Dauphin County, Pennsylvania 17104. 2. Respondent/Defendant, hereinafter referred to as the father, resides at 16 West Willow, Shcmokin, Northumberland County, Pennsy][vania 17872. 3. Thc above-named parties are the natural parents of Robert L. Longo, Jr., born June 2, 1994 and Phillip L. Longo, born July 16, 1996. 4. The current Custody Order, attached as Exhibit "A" and incorporated herein by reference, is dated December 3, 2003. The Order, in pertinent part, grants the mother periods of supervised visitation once per week and reasonable telephone contact with the children while they are in the father's custody. It also admonishes both parties to refrain from any actions that would estrange the children from either parent. 5. The December 3, 2003 Custody Order was entered upon agreement of both parties. 6. From December 3, 2003, until Christmas of 2003, both parties complied with the Order. 7. On or about Christmas of 2003, mother informed father of her intention to file for divorce and since that time, father has refused to comply with the Order. 8. The father has willfully disobeyed the Order in ways including, but not limited, to the following: a. Father has denied mother visitation with the children since Christmas 2003. b. Father has denied mother's telephone contact with the children since Christmas 2003. 6. The father is not acting in the children's best interest for reasons including, but not limited to, the following: a. The father's continual alienation of the mother interferes with the appropriate and healthy mother/son relationship that is imperative to the children's emotional development and well-being. b. Father encourages the children to believe that the mother has intentionally abandoned them and no longer wishes to see them. c. Father encourages the children to distance themselves from the mother. 7. The mother is entitled to periods of visitation with the children for reasons including, but not limited to, the following: a. Prior to the December 2003 Order, mother had primary physical custody of the children. b. The mother loves and has cared for the children and presents no danger to the children. c. The mother wants to work cooperatively with the father in order to give the children the benefit of having two parents involved in their lives. d. For their mental health and well-being, the children need to resume contact with their mother and to know that their mother has never had any intention or taken any action to abandon them. e. Without this Court's intervention, the children are at risk of being harmed from being denied contact with their mother. 8. The father is represented by Attorney Anne MacDonald-Fox. 9. The mother's counsel has contacted Attorney MacDonald-Fox, who does not concur with the relief requested in this Petition. WHEREFORE, Petitioner respectfully requests the following: a. That this Court find the Respondent in contempt of the existing December 3, 2003, Court Order. b. That this matter be scheduled for a conciliation to establish terms for a modified order establishing a visitation schedule for Petitioner. c. That the Court immediately grant Petitioner periods of supervised visitation with her counselor, Dr. Greenlee, as supervisor. d. That the Court order Respondent to allow Petitioner reasonable telephone contact with the children. e. Any other relief this court deems just and proper. Respectfully suh. mitted '-"J'~essi a D/iimondstone Attorney for DefendantJ Petitioner MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 VERIFICATION The above-named Plaintiff, Violet J. Longo, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that fa][se statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: Violet J. L~i~go, Plainffff VIOLET J. LONGO, : : Plaintiff : V. : ROBERT L. LONGO, SR, : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 3441 CIVIL TERM CUSTODY ORDER AND NOW, this 3r'J day of~, 2003, Agreement is approved and entered as an Order of Court. the attached Custody BY THE COURT: In I'~,slimom/ w!' ,. ,f: I ' ~- -. ~.~.,~ ~io sst my hand VIOLET J. LONGO, : Plaintiff : ROBERT L. LONGO, SR, : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 3441 CIVIL TERM CUSTODY CUSTODY AGREEMENT THIS AGREEMENT, made this 1st day of December, :2003, between Robert L. Longo, Sr. ("Father"), and Violet J. Longo ("Mother"), concerns the custody of their children: Robert L. Longo, Jr. and Phillip L. Longo (collectively "the children"), born June 2, 1994 and July 16, 1996 respectively. Father and Mother desire to enter into an agreement as to the custody of th ldre~. Father and Mother agree to the following: -' 1. Father and Mother shall share legal custody of the children. 2. Father shall have primary physical custody of the children. ~'. 3. Mother shall have supervised visitation with the children once a week at the YWCA of Greater Harrisburg, 1101 Market Street, Harrisburg, Dauphin County, 17103. These visits will take place at a time mutually agreeable to the parties and the YWCA of Greater Harrisburg. In the alternative, Mother shall have supervised visitation with the children once a week at a time and location mutually agreed upon by the parties. 4. If Mother cannot be present for a prearranged supervised visitation, she must contact father approximately six (6) hours prior to the time of the visitation. 5. Father and Mother also agree to meet with Dr. Laura Grennlee, or another licensed doctor of psychology or psychiatry as agreed upon by the parties, to discuss co-parenting and other issues. The parties agree to meet with Dr. Greenlee twice: once with Mother and Father only, and once with Mother, Father and the children present. Mother and Father agree to continue the Custedy Conciliation scheduled before Jacqueline M. Verney, Esquire on Tuesday, December 2, 2003 at 3:30pm for a period of at least ninety (90) days. Mother shall be entitled to reasonable telephone access with the children while the children are in Father's custody. The parties shall keep one another advised of their current address and telephone numbers. Neither parent will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 10. The parties intend to be bound by the terms o£this agreement and intend for this Agreement to be made an Order of Court. ! t. % , 't~C,/-' Robert L. Longo, Sr.0' ' - : [[-7--6-, 0_$ Date Viol[et J. lP6ngo /2 'a I - o..~ Date Tracie N. Wesner Certified Legal Intern Ann~'~c D onald-F 0x,~guire Thomas M. Place, Esquire Robert E. Rains, Esquire SUPERVIS~G ATTORNEYS FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Jessica Diamondstone, Esi~uire MidPenn Legal Services 8 Irv/ne Row Carlisle, PA 17013 (717) 243-9400 VIOLET L. LONGO, Plaintiff/Petitioner VS. ROBERT L. LONGO, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-3441 CIVIL TERM CUSTODY CERTIFICATE OF SERVICF I, Jessica Diamondstone, Esquire, of MidPenn Legal Services, attorney for the Plaintiff, Violet L. Longo, hereby certify that I have served a copy of the foregoing Petition for Contempt and Modification on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Anne MacDonald-Fox, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 MidPenn Legal Services, Inc. Datei:~ Jessieff Diarfiondstone, Esqui~. MidPem~ Legal Services 8 Irvine Row Carlisle, PA 17013 VIOLET L. LONGO PLAINTIFF V. ROBERT L. LONGO DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 96-3441 CIVIL AC, TION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 25, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear betbre Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 20, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /si .Iacqueline M. Verney, Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessihle 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 betbre the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN A'ITORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .~0 _SC. P