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HomeMy WebLinkAbout96-03573 \ .~, ~ 1 ~ " " ~ ~ ~ ~ ~ ~ " , \, "-, \ .,1 ." " ( \. \~ ...... . . ') .... \j ~ ":> r<) , ~I ()-- " , , ~: SUZAN M. STROHECKBR, I IN THE COURT OF COMMON PLEAS I CUMBERLAND CO., PENNSYLVANIA Plaintiff I (1'/ (:, ( I NO. (/~t., 15 Ii v. I I BARRY L. DANDO, I CIVIL AC'l'ION - LAW I Defendant I IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Petition, it is hereby directqQ that, th~ parties and their respective counsel appear bsfore tJ...u..~+' ,/,_ ,1~__, the Conci.liator, on the (IJ day of "":/11. , 199~,lat 11/1 II .M., at_ 1'1 "J.L . "I".., )" "_;'-"~'I ' __. J..:..L.;...__....u.-\.....u....l...L,--1.J..l.~.....t.~~ , for a custody conference. At such cc erence, an effort will be made to reoolve the i soues in dispute; or if thiR cannot b~ accomplished, to define and narrow the issueR to be heard by the Court, and to enter into a Temporary Order. All children age five or older shall also be present at the conference. Failure to appear at the conference may provide grounds for the entry of a Temporary or Psrmanent Order. FOR THE COURT, Date of orderl~lly 1'/";', , By I L !)" " ,-:1 /j, I A A (l 'J: L. Custody Conciliatot'~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF'ICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 SUZAN M. STROHBCKBR, I IN THB COURT OF COMMON PLBAS I CUMBBRLAND CO., PENNSYLVANIA Plaintiff I (' "-r: I NO. <(i- 'j) I ,) ];.J't:6 ,./P"'( "......... v. I I CIVIL ACTION - LAW BARRY L. DANDO, I I Defendant I IN CUSTODY PBTITION TO CONFIRM CUSTODY '5fl\ AND NOW, this ->{ day of June, 1996, comes the Plaintiff; Su~an M. Strohecker, by and through her attorney, Joseph J. Dixon; !lsquire, who respectfully avers as fol1owSl 1. The Plaintiff/Petitioner is Suzan M. Strohecker, an adult individual who resides at 220 Susquehanna Avenue, Cumberland County, Pennsylvania, l7025. 2. The Defendant/Respondent is Barry L. Dando, an adult individual who resides at 1765 New Valley Road, Marysville, Perry County, Pennsylvania, 17053. 3. Your Petitioner. and Respondent are the natural parents of the minor child, Michael A. Strohecker, born January 16, 1996. 4. Your Petitioner and Respondent were never married. 5. The Respondent is curr.ently married to Tammy Dando. 6. Sinoe birth, the minor ohild, Miohael A. Stroheoker, haB reBided with hiB mother at her home at 220 SUBquehanna Avenue, Enola, PennBylvania. 7. Your Petitioner believea and therefore averB that Bhe oan provide a good and proper home environment to raise her Bon. 8. Your Petitioner believeB and therefore avers that the ReBpondent doeB not deB ire to have custody of the minor ohild. 9. There halil been no prior action in thiB or any other jurisdiotion concerning cUBtody. 10. All partieB material to this proceeding are listed in this Petition. ll. The Respondent has two other children from his marriage. l2. Your Petitioner believes and therefore avers that ReBpondent would not treat the minor chi.ld equally with his children from his marriage. WHEREFORE, your Petitioner praYB this Honorable Court grant an Order oonfirming her custody of the minor child and grant.lng supervised visitation with the child to the Respondent. Respectfully submitted, /L'L/'V '\/'--~ Joseph J. Dixon, Esquire 101 South Second Street Harrisburg, PA l7l0l 7l7) 233-8743 Attorney for Plaintiff/Petitioner ,-':1 vI '.. C) iY, " ,N '.:) f" lou( i,~ ,,~ '-, , C; C)j i I.'~ . ~ p-" '. l :-~. -~ Sl~ ..-- I ~] ~ ~ f' r- "I 'j (, (".J , , 1".1 ll':' . ' ',11 I" ", ~ ,. I ~) .,,? LJ 1,.)\ '.. ~ (\~ -- \:5 ,,-- '-..::t- >.J ~ c,'-'t' (j "-' '- -:::::rv. ~~~, ~ , , SUt.AN M. S'l'ROIIECKEH, I IN 'l'liE C'OUH'!' m' CO'IMON PLEAS O~' Plaintiff I CUMBEHLAND COUNTY, PENNSYLVANIA I vs. I NO. 96~3573 CIVIL 'l'EAM I 13ARRY L. DANDO, I Defendant I IN CUS'l'ODY ~ OF CXXJR'l' AND fOI, this 'lJ) '.~(1Y consideration of I;he attac~odY and directed as follows: , 1996, upon Hepo~t, it is o~dered 1. The Mothe~, Suzan M. St~ohecke~ 1 and the f'athe~, Barry L. Dando, shall have shared legal custody of Michael 1\. St~ohecke~, born January 16, 1996. 2. 'l'he Mothe~ shall have prim(1~y physical custody of the Child. 3. The Father shall have physical custody of the Child on thE! following schedule: A. Beginning Satu~day, August 10, 1996, the Fathe~ shall hsve visitation with the Child at the Mother's residence fo~ eight (8) consecutive Satu~day afternoons from 2:30 P.M. until 6:00 P.M. If scheduling conflicts arise on the Saturday periods of custody established under:: this subpa~ag~aph or subpa~ag~aph B. of this p~ovision, the parties agree to ~eschedule the Satu~day period of custody fo~ the same hours on the following Sunday. B. Beginning Saturday, Octobe~ 5, 1996, the Fathe~ shall have pa~tial physical custody of the Child on fou~ consecutive Saturdays from 2:30 P.M. until 6:00 P.M. C. Beginning November 1 o~ November 2, 1996, the Fathe~ shall have partial physical custody of the Child fo~ four consecutive weeks on either Friday or Saturday night from 6:00 P.M. until the following day at 12:00 noon. D. Thereafter, beginning F~iday, Novelnbe~ Fathe~ shall have pa~tial custody of alternating weekends from Friday at 6:00 following Sunday at l2:00 noon. E. 'l'he Fathe~ shall also have custody of the Child, beginning in 1997, each SUl1111e~ fo~ a pe~iod of seven (7) days, to be taken consecutively o~ non-conllecutively at the Fathe~ls option. The Fathe~ shall provide notice to the Mother each year by t1ay 1 of the dates for summer vacation under this provision. If the Father has a 29, 1996, the Child P.M. until the on the I " J Y ,~ ....-..; -4' ~I ~ 0-] !'. ..~ ~ ~Im I 5 ~ ~ 44 ;.l ~~ l' f~' ~ ~ i~OI 44 i ' 'r! I~ ' t. I 'r..o:: . ' I ,11 ,5 '-, l'>~[:!a1 ~ '8 rJl8i'~r i j 'jij] ~~~ '. ;; ~ f!Jl J to ~ ~ . . .-. :c o-l ~~~ ~ I -'---------- -. -_._-,-~--- ---... -- .~- - -----,. , , ! J' , SUZAN M. STROHECKER, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND CO., PENNSYLVA%IAN r? v. No. 96-3573 CIVIL TERW- - BARRY L. DANDO, CIVIL ACTION - LAW- - -, Defendant/Petitioner IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court to obtain custody. Partial custody, or visitation of the Child herein named. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and you may lose rights important to you, including custody or visitation of your child. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF 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 34 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 Cgk i lO .ob xi DeT C?tsti ' a(D a9 t,10 SUZAN M. STROHECKER, Plaintiff/Respondent V. BARRY L. DANDO, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA No. 96-3573 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF/TEMPORARY CUSTODY ORDER AND NOW, this S?4 day of August, 2011 comes the Defendant in the above-captioned matter, Barry L. Dando, Pro Se, and respectfully requests that the Court grant his Petition for Emergency RelieFTemporary Custody Order, and represents as follows: I . Petitioner is Defendant, Barry L. Dando, who currently resides at 216 Reno Avenue, New Cumberland, Cumberland County, PA 17070. 2. Respondent is Plaintiff, Suzan M. Strohecker, who currently resides at 507 Slaseman Drive, New Cumberland, Cumberland County, PA 17070. 3. Petitioner and Respondent are the natural parents of the following minor Child: Name MIchael A. Strohecker Age 15 years 4. The relationship of the Plaintiff/Respondent to the Child is that of Mother. 5. The relationship of the Defendant/Petitioner to the Child is that of Father. 6. The Child was born out of wedlock. 7. A custody Order was entered on August 20, 1996 in the Cumberland County Court of Common Pleas. A true and correct copy of the custody order is attached. 8. The Mother has an addiction to alcohol. 9. Mother has a history of ignoring Father's concerns regarding Child's welfare. In one instance, Father scheduled a doctor appointment during his temporary physical custody of child to address and issue of Child vomiting frequently whenever he tried to eat a meal after Mother refused to discuss the issue with him. The doctor appointment showed nothing physically wrong with Child, at which point the doctor recommended that counseling for Child to deal with possible emotional issues should be pursued. Upon hearing of the appointment, Mother told Father that the appointment hadn't been necessary and refused to consider counseling for Child based on this recommendation, saying that she asked Child and he did not want to go to counseling. Father has resorted to registered mail to attempt to have Mother address a seriously decayed tooth, only to be ignored. A dental appointment was only scheduled after a telephone call was placed to the school nurse who examined the child and advised Mother that dental treatment should be pursued. On another occasion, Father discovered a rash that he suspected was scabies all over Child's body during Father's evening temporary physical custody. Mother refused to discuss the rash with Father when contacted by telephone and hung up on Father. A telephone call was placed to the school nurse the following day, who then examined Child and told Mother that she believed the rash to be scabies and that Mother had to take Child out of school and not bring him back until he was seen by a doctor and successfully treated. Upon examination, Child's doctor prescribed treatment for scabies, which successfully cleared the condition. Mother represented to Father after the fact that the rash was not scabies and the doctor only prescribed the treatment for scabies just in case. 10. Mother's residence is constantly in an unsanitary condition. Things are stacked all over the house making it hard to walk anywhere without stepping on things other than the floor. Trash is left all over the residence. The dogs urinate and defecate everywhere within the residence. The residence reeks of filth, stale beer, stale cigarette smoke, and dog feces and urine. Child's clothes absorb the odor and reek of it, causing embarrassment to Child whenever he leaves the residence. At one point, the residence was infested with rats to the degree that they were eating Child's deodorant. The kitchen has been cluttered to the degree that dishes had to be washed in the bathtub. There have been times when Child has not been able to bathe because of the volume of dishes in the bathtub waiting to be washed. Dog feces is allowed to accumulate outside of the residence, creating an odorous and unsanitary condition, drawing swarms of flies, and making it nearly impossible to get to the front door of the residence without stepping in the feces. Child can not have friends visit because of the condition of the residence. Child has feelings of guilt because he cannot remedy the condition of Mother's residence on his own. 11. There have been times when Child has to argue with Mother to get proper food in the house because Mother only had cereal and/or assorted junk food available for Child to eat. 12. There have been times that Father has picked up Child for his temporary physical custody when the clothes available to the Child were visibly two sizes too small for him. On these occasions, Child's genitals appeared to be crushed by the too small pants he was wearing. When asked if he was experiencing pain or discomfort, Child would respond that he was used to it because that is what he had to wear. On these occasions, proper fitting clothing available at the Father's house was provided for him to wear. It has been the normal circumstance that Child only has proper fitting clothing when Father or Child's sisters provides it for him. 13. Empty beer cans have been left all over the house to the point that Child finally got fed up and gathered II trash bags of empty beer cans from within the residence, telling Mother that he thought they should recycle them as his reason for cleaning them up. Mother agreed to take Child to recycle the cans, but could not take Child on the day she agreed to because she had been drinking before he came home from school. On that day she had taken off work because she was supposedly sick. 14. Mother will not take Child anywhere, claiming she is too tired. As a result, Child cannot visit friends outside of the immediate area of the mobile home court where Mother's residence is located. Mother does not provide transportation in order for Child to participate in extracurricular activities. 15. In early 2011, Mother wrecked her GMC Jimmy in the morning on her way to work. Mother initially represented to Child that the accident was due to hydroplaning. Petitioner has information that Mother subsequently revealed to Child that she was charged with DUI as a result of that accident. Mother withheld the information of the DUI charge from Father. 16. In April, 2011 Child was scheduled to have surgery to have his tonsils and adenoids removed. The date scheduled for the surgery was April 27, 2011. Mother continued to put off taking Child for blood work required prior to the surgery. A neighbor finally ended up taking Child for the blood work two days prior to the surgery. The blood work was delayed, and possibly would not have been performed, until Mother's verbal permission was obtained by telephone. Father was not afforded the opportunity to take Child for the blood work and avoid the possible delay of blood work and surgery by Mother. 17. On April 27, 2011 Child had surgery to remove his tonsils and adenoids. Child was to be out of school for one week to recover from the surgery. Mother only took the day of Child's surgery off of work and did not take any of the other days of his recovery, leaving Child home during the day to fend for himself during his recovery. Mother claimed she did not have the leave time to be off of work any more than the one day. However, in late May/early June of 2011, Mother took weeks off of work claiming she was sick, although she was drinking by the time the Child came home from school on those days. 18. On May 27, 2011 Mother called Child's sister, Lindsey Dando, telling her to come get him a day early for the weekend visit that was scheduled with his sister to start that Saturday, May 28. Mother told Lindsey that Mother and Child had been fighting for two weeks, that she was sick, couldn't take it anymore, couldn't get well because of it, and didn't want to deal with him. Child was emotionally upset because he was to make a dinner for Mother as part of a school project on the evening of May 27. 19. Mother has shown a history of sending Child off to stay with someone else without providing Father the opportunity to provide care for the Child when she cannot deal with life. When Child's grandmother passed away, Mother sent Child to stay with another family because she could not deal with Child at that time. Father was not provided the opportunity to provide care for the Child during this period except for his normal temporary physical custody. This stay lasted approximately one month until that family could no longer support Child's presence in their home. Father was not made aware that Child had returned home until he called that family's residence to arrange pick up of Child for his normal temporary physical custody. Father was given the impression by the family at that time that Child's return to Mother was at their insistence and not initiated by Mother. Child later informed Father that there had been stalking incidents at the residence where he was staying during this period. Child also informed Father that the individual that was doing the stalking was known to Mother and the family with which he was staying, leading Father to believe that Mother had not considered whether the environment in which she had placed Child was safe. Child informed Father that Mother was off work for an extended time frame during this period, and possibly the entire summer, because she could not deal with work, life or anything else. 20. Child was enrolled in South Central Camp Cadet, run by numerous state police and local law enforcement volunteers, which was scheduled to start on June 19, 2011. Father assisted Child in completing the application for camp and transported Child to and attended Child's interview for acceptance to camp. Part of the requirements for attendance at the camp was to have a physical examination of which Mother was informed. Mother kept putting off scheduling the physical for Child, causing him fear that he would not be able to attend the camp. Child wanted to call to schedule the appointment himself, because he knew Father would make sure he got to the appointment, but was afraid to because Mother had become angry with him in the past for calling on his own to schedule appointments with his doctor when they were needed. Mother finally managed to get him a last minute appointment for his physical on June 17, 2011. Father transported Child to the camp and participated in the registration process on July 19„ 2011. 21. On June 24, 2011 Mother attended the South Central Camp Cadet graduation and exhibited loud and obnoxious behavior and reeked of alcohol after the graduation ceremony. Mother visibly appeared to be intoxicated. To the best of Petitioner's knowledge, Mother had driven herself to the graduation ceremony. Child was visibly embarrassed by Mother's behavior, especially in light of the numerous state police and other law enforcement personnel present. 22. For the period starting during the evening of June 24, 2011 through July 4, 2011, the Child stayed with either his sister Amy Dando, his sister Lindsey Dando, or Father. During this time, Child had minimal contact with Mother and did not show interest in having contact with her. 23. During the period he was with his sister Lindsey, Child expressed to her that he could no longer deal with his Mother's alcohol abuse, the physical and emotional conditions in her residence, and the refusal to tend to the needs of his social and emotional development and well being, that he wanted to be anywhere but home, and desired to live with Father. 24. During the weekend prior to July 4, 2011 Child indicated to Father his desire to live with Father because of Mother's alcohol abuse and the physical and emotional conditions he was subjected to. 25. The Child stayed with Mother from approximately 8:00 pm on July 4, 2011 until approximately 5:00 pm on July 5, 2011. During this stay, the Child indicated to Mother his desire to live with Father because of Mother's alcohol abuse and the physical and emotional conditions he was subjected to. Child indicated to Father that during this conversation Mother acknowledged she had a problem and needed help. 26. On July 5, 2011, Mother and Father entered into a verbal agreement that placed the Child in the primary physical custody of Father. It was agreed that Father would have a Stipulation for Custody Order prepared for signature and presentation to the Court. The Child was present during and witnessed the verbal agreement. 27. On July 5, 2011, Mother placed the Child in the primary physical custody of Father, per the verbal agreement referenced in paragraph 26. 28. On or about July 14, 2011 Mother entered in-house alcohol rehabilitation treatment and was unavailable for Father to obtain signature on the agreed to Stipulation referenced in paragraph 26 until such time as she returned to her residence. At that time, there was no estimation of how long Mother would be in treatment. 2.9. On July 31, 2011 Mother contacted Child via telephone to tell him she was coming home August 4, 2011. During that contact Mother asked Child when he was coming back. Child responded that Mother knew he was living with Father now. Mother proceeded to tell Child that she thought that was only temporary. Mother continued to ignore Child's discussion of the matter, and continued to tell him how much she wanted him back. She also told him that she would not bring his dog back until he came home. She ended the conversation when Child would not agree with her arguments that the living arrangements agreed to referenced in paragraph 26 were not temporary. 30. On August 4, 2011 Mother was released from in-house alcohol rehabilitation treatment and returned to her residence. 31. On August 4, 2011 at approximately 5:05 PM Father attempted to contact Mother at her residence and received no answer at the door. At 5:11 pm Father attempted to contact Mother via telephone and received no answer. Mother did not have voice messaging activated for her phone number whereby Father was not able to leave a message. 32. On August 4, 2011 Mother contacted Child via telephone immediately after Father's attempts to contact her referenced in paragraph 32. She once again told Child how much she wanted him back and continued to beg Child to give her a second chance. When Child once again tried to state that the move to Father's was to be permanent, Mother told Child that was his decision. Not getting agreement with her arguments, Mother once again told Child she could not deal with this now and ended contact with the Child. Child was emotionally distraught and crying after the telephone contact. 33. On August 5, 2011 at 10:05 am Mother contacted Father via telephone claiming that she was calling the number to determine who had called her the previous day. Father was doubtful of that claim as he had previously provided the number used to contact him in this instance to Mother as his own. During this contact Father attempted to discuss the Stipulation he had prepared per the parties verbal agreement of July 5, 2011 referenced in paragraph 26. Father was informed by Mother in response that she comes first right now and needs time. When Father attempted to discuss with Mother the Child's indication to her of his desire to live with Father referenced in paragraph 25 and the potential damage to the relationship between Mother and Child if she did not honor her agreement referenced in paragraph 26, Mother informed Father that the Child was entitled to his own opinion, that she was not ready to deal with this matter, and was going to end the conversation at this point, at which time Mother terminated the telephone contact without further conversation. 34. On August 6, 2011 Mother left a voice message for Child. Child called Mother back. Mother once again told Child that she wanted him to come back and give her a second chance. Mother also told Child that Father had tried to talk to her about child support paperwork. As referenced in paragraph 33, what Father had attempted to discuss with mother was the agreement for Child's custody. Mother proceeded to tell Child that she was afraid she could not afford to live without the child support payments she receives from Father. When Child attempted to discuss that he still felt that it was best for him to live with his Father, Mother once again told Child she could not deal with this now and ended contact with the Child. Child attempted to call Mother back to discover that she had turned off her cell phone. At this point Child was once again emotionally distraught, experiencing feelings of guilt, and having feelings of anger that Mother put him in the position of feeling that she would not make it financially without him. 35. In answer to Mother's financial claims to Child referenced in paragraph 34, Mother is employed full time with the Pennsylvania Department of Corrections. It is Petitioner's belief that the income from this position is sufficient to meet Mother's financial needs. Petitioner also believes that this claim to Child by Mother, along with saying that Father tried to talk to her her regarding child support paperwork was meant to instill feelings of guilt in Child, which was successful. 36. In all conversations with the Child since her return home, Mother has not made any references to what follow up treatment she will have to address her addiction. Instead she has repeatedly communicated to Child that she needs him to come back to help her get well. 37. It is the Petitioner's opinion that an adult's welfare is not the responsibility of a 15 year old child. 38. In the conversation referenced in paragraph 33, Mother made no reference to on-going or follow up treatment that would lead Father to believe that the conditions in Mother's custody would be any better for Child's welfare than before Father assumed custody per the parties verbal agreement. 39. Petitioner believes that the emotional and physical neglect of Child will continue if returned to the physical custody of Mother. 40. Petitioner is fearful that in the absence of an Order of the Court granting him primary physical custody of the child, Mother will demand return of physical custody of the Child to her per the Order of the Court referenced in paragraph 7. 41. Petitioner has no information of a custody proceeding concerning the child pending in a court of this or any other jurisdiction. 42. Petitioner knows of no other person not a party to this action already who has physical custody of or claims to have physical custody of visitation rights with the child. 43. Each parent whose parental rights to the child have not been terminated and the person who has actual physical custody of the child have been named as parties to this action. WHEREFORE, Petitioner respectfully requests that this Court grant the requested emergency relief and issue an Interim Custody Order as requested. Date: Barry L. do, Defendant/Petitioner 216 Reno Avenue New Cumberland, PA 17070 SUZAN M. STROHECKER, Plaintiff va. BARRY L. DANDO, Defendant t IN THE nOUR'C OF COMMON PLEAS OF t CUMBERLAND COUNTY', PENNSYLVANIA t t NO. 96-3573 CIVIL TERM t ; : IN CUSTODY Mib Of WIWI' MID NOW, this day of , 1996, upon consideration of the attac Custody Conc 1 at Report, it is ordered and directed as followst 1. The Mother, Suzan M. Strohecker, and the Father, Barry L. Dando, shall have shared legal custody of Michael A. Strohecker, born January 16, 1996. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have physical custody of the Child on the following schedule: A. Beginning Saturday, August 10, 1996, the Father shall have visitation with the Child at the Mother's residence for eight (8) consecutive Saturday afternoons from 2:30 P.M. until 6:00 P.M. If scheduling conflicts arise on the Saturday periods of custody established under this subparagraph or subparagraph B. of this provision, the parties agree to reschedule the Saturday period of custody for the same hours on the following Sunday. B. Beginning Saturday, October 5, 1996, the Father shall have partial physical custody of the Child on four consecutive Saturdays from 2:30 P.M. until 6:00 P.M. C. Beginning November 1 or November 21 1996, the Father shall have partial physical custody of the Child for four consecutive weeks on either Friday or Saturday night from 6;00 P.M. until the following day at 12:00 noon. D. Thereafter, beginning Friday, November 29, 1996, the Father shall have partial custody of the Child on alternating weekends from Friday at 6:00 P.M. until the following Sunday at 12:00 noon. E. The Father shall also have custody of the Child, beginning in 1997, each summer for a period of seven (7) days, to be taken consecutively or non-consecutively at the Father's option. The Father shall provide notice to the Mother each year by May 1 of the dates for summer vacation under this provision. If the Father has a regular weekend period of custody immediately preceding or following Ilia summer vacation period of custody, the weekend period shall be added to the summer vacation period of custody to run continuously. followst 4. The parties shall share custody of the Child on holidays as A. The Father shall have partial custody of the Child for a minimum of forty-eight (48) hours during the Christmas holiday (from December 23 through January 2) with the times and dates to be arranged by mutual agreement of the parties. 8. The parties shall share custody of the Child in every year on Thanksgiving, Easter, Memorial Day, July 4th, and Labor Day, with the specific dates and times to be arranged by mutual agreement of the parties. C. The Father shall have custody of the Child every year on Father's Day and the Mother shall have custody of the Child every year on Mother's Day. 5. The parties agree to select a counselor and participate in counseling for an indefinite period of time for the purpose of improving their parenting relationship. 6. Each party shall allow the other party reasonable and liberal telephone contact with the Child. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent or hamper the free and natural development of the Child's love and respect for the other parent. Each party shall also take all reasonable steps to prevent third parties from making disparaging comments in his or her presence concerning the other party. 8. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual agreement. In tho absence of mutual agreement, the terms of this Order shall control. cc: Joseph J. Dixon, Esquire Charles Rector, Esquire TRUE COPY FROM RECORD In Testimony whweof. I hero unto set my hand i end 00 seal of sMd Si cawt CWN" Pe. This V_day of _aA 1 i + .20 11 PTUUIUMW? `- U Q. CgQao 7bpy-V, 7. > r) tj,l ^? f 5 ,n ';t VERIFICATION I, Barry L. Dando, verify that the statements made in this Petition To Modify Custody Order are true and correct. I understand that false statements contained herein are made subject to the Penalties of 18 Pa. C.S.A § 4904, relating to unworn falsification to authorities. Dated: ZS 0 Lol?b (( SUZAN M. STROHECKER, Plaintiff/Respondent V. BARRY L. DANDO, Defendant/Petitioner IN THE COURT OF COMMON PLEA CUMBERLAND CO., PENNSYLVANIA = -+ No. 96-3573 CIVIL TERN r M 71? > i ? s.' k CIVIL ACTION-LAW -v : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, this -*kL day of August, 2011 comes the Defendant in the above-captioned matter, Barry'' L Dando, Pro Se, and respectfully requests that the Court grant his Petition for Modification of Custody Order, and represents as follows: 1. Petitioner is Defendant, Barry L. Dando, who currently resides at 216 Reno Avenue, New Cumberland, Cumberland County, PA 17070. 2. Respondent is Plaintiff, Suzan M. Strohecker, who currently resides at 507 Slaseman Drive, New Cumberland, Cumberland County, PA 17070 3. Petitioner and Respondent are the natural parents of the following minor Child: Name Age MIchael A. Strohecker 15 years The Child was born out of wedlock. The Child resided with Mother from birth to July 5, 2011. The Child has resided with Father from July 5, 2011 to present. 4. The relationship of the Plaintiff/Respondent to the Child is that of Mother. She is single. The Plaintiff/Respondent resides alone. a,v,} 4,10 .c0 to Z9 (Lich V ?a(sol9yl 5. The relationship of the Defendant/Petitioner to the Child is that of Father. He is married. The Defendant/Petitioner resides with the following individuals. Dawn Dando Wife Michael Strohecker Son Jacob Shuey Stepson Evan Shuey Stepson 6. A custody order was entered on August 20, 1996 in the Cumberland County Court of Common Pleas. A true and correct copy of the custody order is attached. 7. Father seeks modification of the Custody Order for the reasons set forth below. 8. The Mother has an addiction to alcohol. 9. Mother has a history of ignoring Father's concerns regarding Child's welfare. In one instance, Father scheduled a doctor appointment during his temporary physical custody of child to address and issue of Child vomiting frequently whenever he tried to eat a meal after Mother refused to discuss the issue with him. The doctor appointment showed nothing physically wrong with Child, at which point the doctor recommended that counseling for Child to deal with possible emotional issues should be pursued. Upon hearing of the appointment, Mother told Father that the appointment hadn't been necessary and refused to consider counseling for Child based on this recommendation, saying that she asked Child and he did not want to go to counseling. Father has resorted to registered mail to attempt to have Mother address a seriously decayed tooth, only to be ignored. A dental appointment was only scheduled after a telephone call was placed to the school nurse who examined the child and advised Mother that dental treatment should be pursued. On another occasion, Father discovered a rash that he suspected was scabies all over Child's body during Father's evening temporary physical custody. Mother refused to discuss the rash with Father when contacted by telephone and hung up on Father. A telephone call was placed to the school nurse the following day, who then examined Child and told Mother that she believed the rash to be scabies and that Mother had to take Child out of school and not bring him back until he was seen by a doctor and successfully treated. Upon examination, Child's doctor prescribed treatment for scabies, which successfully cleared the condition. Mother represented to Father after the fact that the rash was not scabies and the doctor only prescribed the treatment for scabies just in case. 10. Mother's residence is constantly in an unsanitary condition. Things are stacked all over the house making it hard to walk anywhere without stepping on things other than the floor. Trash is left all over the residence. The dogs urinate and defecate everywhere within the residence. The residence reeks of filth, stale beer, stale cigarette smoke, and dog feces and urine. Child's clothes absorb the odor and reek of it, causing embarrassment to Child whenever he leaves the residence. At one point, the residence was infested with rats to the degree that they were eating Child's deodorant. The kitchen has been cluttered to the degree that dishes had to be washed in the bathtub. There have been times when Child has not been able to bathe because of the volume of dishes in the bathtub waiting to be washed. Dog feces is allowed to accumulate outside of the residence, creating an odorous and unsanitary condition, drawing swarms of flies, and making it nearly impossible to get to the front door of the residence without stepping in the feces. Child can not have friends visit because of the condition of the residence. Child has feelings of guilt because he cannot remedy the condition of Mother's residence on his own. 11. There have been times when Child has to argue with Mother to get proper food in the house because Mother only had cereal and/or assorted junk food available for Child to eat. 12. There have been times that Father has picked up Child for his temporary physical custody when the clothes available to the Child were visibly two sizes too small for him. On these occasions, Child's genitals appeared to be crushed by the too small pants he was wearing. When asked if he was experiencing pain or discomfort, Child would respond that he was used to it because that is what he had to wear. On these occasions, proper fitting clothing available at the Father's house was provided for him to wear. It has been the normal circumstance that Child only has proper fitting clothing when Father or Child's sisters provides it for him. 13. Empty beer cans have been left all over the house to the point that Child finally got fed up and gathered 11 trash bags of empty beer cans from within the residence, telling Mother that he thought they should recycle them as his reason for cleaning them up. Mother agreed to take Child to recycle the cans, but could not take Child on the day she agreed to because she had been drinking before he came home from school. On that day she had taken off work because she was supposedly sick. 14. Mother will not take Child anywhere, claiming she is too tired. As a result, Child cannot visit friends outside of the immediate area of the mobile home court where Mother's residence is located. Mother does not provide transportation in order for Child to participate in extracurricular activities. 15. In early 2011, Mother wrecked her GMC Jimmy in the morning on her way to work. Mother initially represented to Child that the accident was due to hydroplaning. Petitioner has information that Mother subsequently revealed to Child that she was charged with DUI as a result of that accident. Mother withheld the information of the DUI charge from Father. 16. In April, 2011 Child was scheduled to have surgery to have his tonsils and adenoids removed. The date scheduled for the surgery was April 27, 2011. Mother continued to put off taking Child for blood work required prior to the surgery. A neighbor finally ended up taking Child for the blood work two days prior to the surgery. The blood work was delayed, and possibly would not have been performed, until Mother's verbal permission was obtained by telephone. Father was not afforded the opportunity to take Child for the blood work and avoid the possible delay of blood work and surgery by Mother. 17. On April 27, 2011 Child had surgery to remove his tonsils and adenoids. Child was to be out of school for one week to recover from the surgery. Mother only took the day of Child's surgery off of work and did not take any of the other days of his recovery, leaving Child home during the day to fend for himself during his recovery. Mother claimed she did not have the leave time to be off of work any more than the one day. However, in late May/early June of 2011, Mother took weeks off of work claiming she was sick, although she was drinking by the time the Child came home from school on those days. 18. On May 27, 2011 Mother called Child's sister, Lindsey Dando, telling her to come get him a day early for the weekend visit that was scheduled with his sister to start that Saturday, May 28. Mother told Lindsey that Mother and Child had been fighting for two weeks, that she was sick, couldn't take it anymore, couldn't get well because of it, and didn't want to deal with him. Child was emotionally upset because he was to make a dinner for Mother as part of a school project on the evening of May 27. 19. Mother has shown a history of sending Child off to stay with someone else without providing Father the opportunity to provide care for the Child when she cannot deal with life. When Child's grandmother passed away, Mother sent Child to stay with another family because she could not deal with Child at that time. Father was not provided the opportunity to provide care for the Child during this period except for his normal temporary physical custody. This stay lasted approximately one month until that family could no longer support Child's presence in their home. Father was not made aware that Child had returned home until he called that family's residence to arrange pick up of Child for his normal temporary physical custody. Father was given the impression by the family at that time that Child's return to Mother was at their insistence and not initiated by Mother. Child later informed Father that there had been stalking incidents at the residence where he was staying during this period. Child also informed Father that the individual that was doing the stalking was known to Mother and the family with which he was staying, leading Father to believe that Mother had not considered whether the environment in which she had placed Child was safe. Child informed Father that Mother was off work for an extended time frame during this period, and possibly the entire summer, because she could not deal with work, life or anything else. 20. Child was enrolled in South Central Camp Cadet, run by numerous state police and local law enforcement volunteers, which was scheduled to start on June 19, 2011. Father assisted Child in completing the application for camp and transported Child to and attended Child's interview for acceptance to camp. Part of the requirements for attendance at the camp was to have a physical examination of which Mother was informed. Mother kept putting off scheduling the physical for Child, causing him fear that he would not be able to attend the camp. Child wanted to call to schedule the appointment himself, because he knew Father would make sure he got to the appointment, but was afraid to because Mother had become angry with him in the past for calling on his own to schedule appointments with his doctor when they were needed. Mother finally managed to get him a last minute appointment for his physical on June 17, 2011. Father transported Child to the camp and participated in the registration process on July 19, 2011. 21. On June 24, 2011 Mother attended the South Central Camp Cadet graduation and exhibited. loud and obnoxious behavior and reeked of alcohol after the graduation ceremony. Mother visibly appeared to be intoxicated. To the best of Petitioner's knowledge, Mother had driven herself to the graduation ceremony. Child was visibly embarrassed by Mother's behavior, especially in light of the numerous state police and other law enforcement personnel present. 22. For the period starting during the evening of June 24, 2011 through July 4, 2011, the Child stayed with either his sister Amy Dando, his sister Lindsey Dando, or Father. During this time, Child had minimal contact with Mother and did not show interest in having contact with her. 23. During the period he was with his sister Lindsey, Child expressed to her that he could no longer deal with his Mother's alcohol abuse, the physical and emotional conditions in her residence, and the refusal to tend to the needs of his social and emotional development and well being, that he wanted to be anywhere but home, and desired to live with Father. 24. During the weekend prior to July 4, 2011 Child indicated to Father his desire to live with Father because of Mother's alcohol abuse and the physical and emotional conditions he was subjected to. 25. The Child stayed with Mother from approximately 8:00 pm on July 4, 2011 until approximately 5:00 pm on July 5, 2011. During this stay, the Child indicated to Mother his desire to live with Father because of Mother's alcohol abuse and the physical and emotional conditions he was subjected to. Child indicated to Father that during this conversation Mother acknowledged she had a problem and needed help. emotional development and well being, that he wanted to be anywhere but home, and desired to live with Father. 24. During the weekend prior to July 4, 2011 Child indicated to Father his desire to live with Father because of Mother's alcohol abuse and the physical and emotional conditions he was subjected to. 25. The Child stayed with Mother from approximately 8:00 pm on July 4, 2011 until approximately 5:00 pm on July 5, 2011. During this stay, the Child indicated to Mother his desire to live with Father because of Mother's alcohol abuse and the physical and emotional conditions he was subjected to. Child indicated to Father that during this conversation Mother acknowledged she had a problem and needed help. 26. On July 5, 2011, Mother and Father entered into a verbal agreement that placed the Child in the primary physical custody of Father. It was agreed that Father would have a Stipulation for Custody Order prepared for signature and presentation to the Court. The Child was present during and witnessed the verbal agreement. 27. On July 5, 2011, Mother placed the Child in the primary physical custody of Father, per the verbal agreement referenced in paragraph 26. 28. On or about July 14, 2011 Mother entered in-house alcohol rehabilitation treatment and was unavailable for Father to obtain signature on the agreed to Stipulation referenced in paragraph 26 until such time as she returned to her residence. At that time, there was no estimation of how long Mother would be in treatment. 29. On July 31, 2011 Mother contacted Child via telephone to tell him she was coming home August 4, 2011. During that contact Mother asked Child when he was coming back. Child responded that Mother knew he was living with Father now. Mother proceeded to tell Child that she thought that was only temporary. Mother continued to ignore Child's discussion. of the matter, and continued to tell him how much she wanted him back. She also told him that she would not bring his dog back until he came home. She ended the conversation when Child would not agree with her arguments that the living arrangements agreed to referenced in paragraph 26 were not temporary. 30. On August 4, 2011 Mother was released from in-house alcohol rehabilitation treatment and returned to her residence. 31. On August 4, 2011 at approximately 5:05 PM Father attempted to contact Mother at her residence and received no answer at the door. At 5:11 pm Father attempted to contact Mother via telephone and received no answer. Mother did not have voice messaging activated for her phone number whereby Father was not able to leave a message. 32. On August 4, 2011 Mother contacted Child via telephone immediately after Father's attempts to contact her referenced in paragraph 31. She once again told Child how much she wanted him back and continued to beg Child to give her a second chance. When Child once again tried to state that the move to Father's was to be permanent, Mother told Child that was his decision. Not getting agreement with her arguments, Mother once again told Child she could not deal with this now and ended contact with the Child. Child was emotionally distraught and crying after the telephone contact. 33. On August 5, 2011 at 10:05 am Mother contacted Father via telephone claiming that she was calling the number to determine who had called her the previous day. Father was doubtful of that claim as he had previously provided the number used to contact him in this instance to Mother as his own. During this contact Father attempted to discuss the Stipulation he had prepared per the parties verbal agreement of July 5, 2011 referenced in paragraph 26. Father was informed by Mother in response that she comes first right now and needs time. When Father attempted to discuss with Mother the Child's indication to her of his desire to live with Father referenced in paragraph 25 and the potential damage to the relationship between Mother and Child if she did not honor her agreement referenced in. paragraph 26, Mother informed Father that the Child was entitled to his own opinion, that she was not ready to deal with this matter, and was going to end the conversation at this point, at which time Mother terminated the telephone contact without further conversation. 34. On August 6, 2011 Mother left a voice message for Child. Child called Mother back. Mother once again told Child that she wanted him to come back and give her a second chance. Mother also told Child that Father had tried to talk to her about child support paperwork. As referenced in paragraph 33, what Father had attempted to discuss with mother was the agreement for Child's custody. Mother proceeded to tell Child that she was afraid she could not afford to live without the child support payments she receives from Father. When Child attempted to discuss that he still felt that it was best for him to live with his Father, Mother once again told Child she could not deal with this now and ended contact with the Child. Child attempted to call Mother back to discover that she had turned off her cell phone. At this point Child was once again emotionally distraught, experiencing feelings of guilt, and having feelings of anger that Mother put him in the position of feeling that she would not make it financially without him. 35. In answer to Mother's financial claims to Child referenced in paragraph 34, Mother is employed full time with the Pennsylvania Department of Corrections. It is Petitioner's belief that the income from this position is sufficient to meet Mother's financial needs. Petitioner also believes that this claim to Child by Mother, along with saying that Father tried to talk to her her regarding child support paperwork was meant to instill feelings of guilt in Child, which was successful. 36. In all conversations with the Child since her return home, Mother has not made any references to what follow up treatment she will have to address her addiction. Instead she has repeatedly communicated to Child that she needs him to come back to help her get well. 37. It is the Petitioner's opinion that an adult's welfare is not the responsibility of a 15 year old child. 38. In the conversation referenced in paragraph 33, Mother made no reference to on-going or follow up treatment that would lead Father to believe that the conditions in Mother's custody would be any better for Child's welfare than before Father assumed custody per the parties verbal agreement. 39. Petitioner believes that the emotional and physical neglect of Child will continue if returned to the physical custody of Mother. 40. Father has full time employment with Highmark, Inc. and has the financial resources to meet Child's financial needs. 41. Child is provided with his own bedroom in Father's residence. 42. Father can provide a stable home environment and the necessary support for Child's academic, emotional, social, and physical development and well being. 43. Petitioner has no information of a custody proceeding concerning the child pending in a court of this or any other jurisdiction. 44. Petitioner knows of no other person not a party to this action already who has physical custody of or claims to have physical custody of visitation rights with the child. 45. Each parent whose parental rights to the child have not been terminated and the person who has actual physical custody of the child have been named as parties to this action. WHEREFORE, Petitioner respectfully requests that the Court modify the Order to grant Father and Mother shared legal custody of the Child, grant Father primary physical custody of the Child, grant Mother supervised visitation of the Child until such time as Mother successfully undergoes Family Counseling with the Child to rebuild a healthy relationship between Mother and Child, after which temporary physical custody may be phased in for the Mother. If the parties are unable to reach agreement on the phasing in of temporary physical custody after successful completion of Family Counseling between Mother and Child, either party may petition the Court to have this matter scheduled again before a Custody Conciliator. Petitioner additionally respectfully requests that the effective date of Father's primary physical. custody be made that of the verbal agreement of the parties, July 5, 2011. Date: d Barry Odo' De endant 216 R enue New Cumberland, PA 17070 SUZAN M. STROHECKER, Plaintiff Vs. BARRY L. DANDO, Defendant I IN THE r.M[VC OF COMMON PLEAS OF C CUMBERLAND COUNTY, PENNSYLVANIA t t NO. 96-3573 CIVIL 'T'ERM t t c IN CUSTODY OF GOUT, AND NOW, this day of 1996, upon consideration of the attac Custody Conc 1 at Report, it is ordered and directed as follows, 1. The Mother, Suzan M. Strohecker, and the Father, Barry L. Dando, shall have shared legal custody of Michael A. Strohecker, born January 16, 1996. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have physical custody of the Child on the following scheduler A. Beginning Saturday, August l0, 1996, the Father shall have visitation with the Child at the Mother's residence for eight (8) consecutive Saturday afternoons from 2:30 P.M. until 6:00 P.M. If scheduling conflicts arise on the Saturday periods of custody established under this subparagraph or subparagraph 13. of this provision, the parties agree to reschedule the Saturday period of custody for the same hours on the following Sunday. B. Beginning Saturday, October 5, 1996, the Father shall have partial physical custody of the Child on four consecutive Saturdays from 2:30 P.M. until 6:00 P.M. C. Beginning November 1 or November 21 1996, the Father shall have partial physical custody of the Child for four consecutive weeks on either Friday or Saturday night from 6:00 P.M. until the following day at 12:00 noon. D. Thereafter, beginning Friday, November 29, 1996, the Father shall have partial custody of the Child on alternating weekends from Friday at 6:00 P.M. until the following Sunday at 12:00 noon. E. The Father shall also have custody of the Child, beginning in 1997, each summer for a period of seven (7) days, to be taken consecutively or non-consecutively at the Father's option. The Father shall provide notice to the Mother each year by May 1 of the dates for summer vacation under this provision. If the Father has a regular weekend period of custody immediately preceding or following his summer vacation period of custody, the weekend period shall be added to the summer vacation period of custody to run continuously. 4. The parties shall share custody of the Child on holidays as follows t A. The Father shall have partial custody of the Child for a minimum of forty-eight (48) hours during the Christmas holiday (from December 23 through January 2) with the times and dates to be arranged by mutual agreement of the parties. 8. The parties shall share custody of the Child in every year on Thanksgiving, Easter, Memorial Day, July 4th, and Gabor Day, with the specific dates and times to be arranged by mutual agreement of the parties. C. The Father shall have custody of the Child every year on Father's Day and the Mother shall have custody of the Child every year on Mother's Day. 5. The parties agree to select a counselor and participate in counseling for an indefinite period of time for the purpose of improving their parenting relationship. 6. Each party shall allow the other party reasonable and liberal telephone contact with the Child. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent or hamper the free and natural development of the Child's love and respect for the other parent. Each party shall also take all reasonable steps to prevent third parties from making disparaging comments in his or her presence concerning the other party. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terms of this order shall control. cc: Joseph J. Dixon, Esquire Charles Rector, Esquire -t 11 TRUE COPY FROM RECORD ; to Testimony whereof, t hero unto set my hand ; end the ssai of said Cm d at CAM". Ps. This ...day of mod . 20 J1_ J. ?? t VERIFICATION I, Barry L. Dando, verify that the statements made in this Petition To Modify Custody Order are true and correct. I understand that false statements contained herein are made subject to the Penalties of 18 Pa. C.S.A § 4904, relating to unworn falsification to authorities. Dated: d VID)ando SUZAN M. STROHECKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW rnCO C 2`::?; G7 -Gr; p BARRY L. DANDO, `_', Defendant NO. 96-3573 CIVIL TERM IN RE: PETITION FOR EMERGENCY RELIEF/ TEMPORARY CUSTODY ORDER -- ORDER OF COURT AND NOW, this 10`x' day of August, 2011, upon consideration of Defendant's Petition for Emergency Relief/Temporary Custody Order, this matter is referred to the custody conciliation process, and the Court Administrator is requested to facilitate this referral. `Suzan M. Strohecker 507 Slaseman Drive New Cumberland, PA 17070 Plaintiff, pro Se Barry L. Dando 216 Reno Avenue New Cumberland, PA 17070 Defendant, pro Se BY THE COURT, Jr)UVesley O ie5 OP a<< IAA Jr., J. Court Administrator -in 611f_ SUZAN M. STROHECKER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANCA -., - V. l? 1.F7 :3` ,...? 3 1996-3573 CIVIL ACTION LAW 4Cj ;i BARRY L. DANDO - - -: IN CUSTODY DEFENDANT - t -`, ORDER OF COURT AND NOW, Thursday, August 11, 2011 , upon consideration of the attached Complai nt, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 06, 2011 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. 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/ Dawn S. Sunda Es . 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 HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?C'?r? C'n pl mPiYc?cr r`? o?? 1"?v U 41011tod 71V ;oft '46-1170*1 yj ? 2//" /// g16 SUZAN M. STROHECKER Plaintiff vs. BARRY L. DANDO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1996-3573 CIVII, ACTION LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this Lq (t _ day of , 2011, upon consideration of the attached Custody Conciliation Report, it is o dered and directed as follows: 1. The prior Order of this Court dated August 20, 1996 is vacated and replaced with this Order. 2. The Mother, Suzan M. Strohecker, and the Father, Barry L. Dando, shall have shared legal custody of Michael Strohecker, born January 16, 1996. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical of the Child on alternating weekends, beginning October 7, 2011, from Friday at 6:00 p.m. through Sunday at 6:00 p.m. and during one evening every week as arranged by agreement between the parties. The parties shall schedule the weekday evening period of custody on or before the preceding Sunday of each week. The parties shall schedule the weekday custodial period and any changes agreed upon to the schedule between themselves, taking into consideration the Child's preferences as appropriate but not involving the Child in the decision making. 5. The parties shall share having custody of the Child on holidays as arranged by agreement. 6. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 7. The parties shall make arrangements for the Child to participate in counseling with a professional selected by agreement between the parties with the Father initially obtaining a list of counselors for the Mother's consideration. The purpose of the counseling shall be to provide the Child with a qualified third party with whom to address issues which have arisen in the family and eventually to involve the Mother in the counseling process to work toward repairing the Mother Son relationship. Both parents shall follow the recommendations of the counselor as to his or her participation or involvement in the counseling process. Any costs of the counseling which are not covered by insurance shall be shared equally between the parties. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: V Barry L. Dando - Father i/ Suzan M. Strohecker - Mother 4' es ma; leof 4/?y/ir aL V ? M - -t r;-- X r " rn ?n ?2' b , -CD <C: C." ? -? ?-,, SUZAN M. STROHECKER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 1996-3573 CIVIL, ACTION LAW BARRY L. DANDO Defendant : IN CUSTODY Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Michael Strohecker January 16, 1996 Father 2. A custody conciliation conference was held on September 6, 2011, with the following individuals in attendance: the Mother, Suzan M. Strohecker, and the Father, Barry L. Dando. Neither party is represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. 6 Date Dawn S. Sunday, Esquire Custody Conciliator