HomeMy WebLinkAbout98-01690
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INDIA ELIZABETH IACONO-PRICE,
PLAINTIFF
V,
JAMES DOUGLAS PRICE,
DEFENDANT
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
: 98-1690 CIVIL TERM
ORDER OF COURT
AND NOW, this 1'5 v..L day of August, 1999, following a hearing on
the merits, IT IS ORDERED:
(1) All prior custody orders are vacated and replaced with this order,
(2) India Elizabeth Iacono-Price and James Douglas Price shall have shared
legal custody of Trlsten James Price, born February 28, 1998.
(3) The mother Is awarded primary physical custody of Tristen,
(4) The father shall have Tristen on the following schedule during which
periods he may take the child with him unsupervised:
(a) In August and September, 1999, for two hours each Monday
and two hours each Tuesday starting at 11 :00 a,m, each day or at such
other times as agreed to by both the father and mother, The first day shall
start on Monday, August 9,
(b) In October, 1999, these Monday and Tuesday periods shall
Increase to five hours each day with the same starting time or
arrangement.
(c) In November, 1999, these Monday and Tuesday periods shall
Increase to eight hours each day starting at 9:00 a,m, each morning,
SANDRA E. PRICE, and BARRY A. PRICE,
Plaintiffs
IN THE COUR'l' OF COMMON PLEAS OF
CUMBERLAND COUN'l~, PENNSYLVANIA
vs.
NO. 98-3369 CIVIL TERM
INDIA IACONA-PRICE and JAMES D.
PRICE,
CIVIL ACTION - LAW
Defendants
IN CUSTODY
PRIQ( JUDGE: Edgar B. Bayley
CUS'lOOy CXH:ILIATIOO SlJtoIARY REPOOT
IN A<XXlmANCE WITH ClJIIBERLAND cxumc RULE (Xl' CIVIL PROCEOORE
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
CURRm'l'Ly IN CUS'lOOY OF
Tristen James Price
February 28, 1998
Mother
2. A Custody Conciliation Conference was held on April 21, 1999, with
the fOllowing individuals in attendance: The Mother, India Elizabeth
Iacona-Price, wi th her counsel, Charles Rector, Esquire, and the f'ather,
James Douglas Price, with his counsel, Ron Turo, Esquire.
3. '!'his Court previously entered an order on September 22, 1998
ordering the parties to obtain a custody evaluation and granting the Mother
primary physical custody with supervised periods of custody with the
Father. The custody evaluation was completed by Dr. Shienvold and, as the
parties were not able to resolve the custody issues after obtaining the
evaluation r.eport, an additional Conference was scheduled. The Father
sought expanded periods of visitation with the Child which would not be
supervised by the maternal grandmother. The parties were not able to reach
an agreement on ongoing custody arrangements and therefore it will be
necessary to schedule a Hearing.
4. The Father's position on custody is as follows: The Father
believes that under the current schedule he is not given an opportunity to
spend quality time with the Child at the maternal grandmother's home.
According to the Father, his psychIatrist does not recOllll1end any further
treatment and therefore the Falher believes that supervision is no longer
necessary. The Father believes that Dr. Shienvolo' s recorrmendatJ.ons lack
any factual bas.s ano are not supported by the results of the psychological
testing. The Father requests expanded unsupervised periodS of custody with
the Child.
5. The Mother's POsition on oustody is as follows: The Mother relies
on the conclusions dt'awn by Or. Shienvold in the custody evaluation. BaSed
on Or. Shienvold's report and her own cbservations, the Mother believes
that the Father's contaot with the Child should continue to be In a
8uperviSed setting.
6. The Conciliator recollJoonds an Order in the fot'lll as attached
scheduling a Hearing in this matter. It is expected that the HearIng will
require 1 full day.
{Y},~ 1/ /7 fj '7
Date If 0 '
~-4<L
Dawn s. Sunday, EsqUir~
CUstody Conciliator
INOIA ELIZABETH IACONO-PRICE,
plaintiff
: IN THE COURT Of!' C'Q'oIMOO PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
'IS.
.
.
: NO. 98-1690 CIVIL TERM
JAMES OOUGLAS PRICE,
Defendant
CIVIL ACTION - LAW
CUS~'ODY
00DIlR OF CXlJRT
AND tOW, this "7 ~- dl.y of \.J;..J~ , 1998, upon
conside~ation of the attached Custody concil"1~t!.ion Repo'l:t I 11: is orde['ed
and directed as follows:
I. The p~io~ Ot:'de~ of this COUl:t dated May 7, 1998 is vacated and
replaced with this O~der.
2. The pa~ties shall submit themselves, thei~ minor Child, and any
other persons deemed necessary by the evaluator, to a custody evaluation to
be performed by a professional selected by mutual ag~eement of the parties.
The pa~ties shall sign all necessary ~eleases and authorizations to~ the
evaluator to obtain medical and psychOlogical information pertaining to the
parties. Costs of the evaluation shall be shared equally by the pa~ties.
The evaluator may make recorrmendations concerning interim a~rangements for
custody of the Child pending completion of the evaluation and, in that
event, the parties ag~ee to abide by the interim ~ecorrmendations iSSUed by
the evaluator.
3. Pending fu~ther Order of Court or agreement of the pa~ties, the
following custody a~rangements shall be in effect on a temporary basis:
A. The Mother shall have sole legal custody of the Ch.i1d. The
Mother shall share significant info~mation concerning the
Child with the Father including, but not limited to medical
and education information. The Mother shall make a
reasonable effort to schedule the Child's medical
appointments on the days when the Father does not work and
shall notify the F'ather of the Child's appointments in
advance.
B. The Mothe~ shall have prirnary physical custody of the Child.
C. The Fathe~ shall have periods of custody with the Child,
SUpervised by the mate~nal grandmother, on a two week cycle.
During week 1, the Father shall have supervised custody on
Monday, Tuesday and Wednesday, beginning September 21, 1998
from 10:00 a.m. until 3:00 p.m. The Father shall have
custody during week 2, on Sunday, Monday and Tuesday,
beginning Sept,ember 27, 1998 from 10:00 a.m. until 3:00 p.m.
The week I and 2 schedule shall al ternate thereafter. The
INDIA ELIZABETH IACONO-PRICE,
Plaintiff
: IN THE COURT OF CQ'<IMON PLEAS OF
: CUMBERLAND COlJNTY, PENNSYLVANIA
VS.
.
.
: NO. 98-1690 CIVIL TERM
JAMES DOUGLAS PRICE,
Defendant
CIVIL ACTION - LAW
PRIm JUDGE: Edgar B. Bayley
CW'RDY c:x:fiCILIATICW SlHIARY RBPl:Rr
IN ACXXJUW<<:E WITH CltIBERLANo CXXNlY RULE OF CIVIL l'ROCEOORB
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
CURRIW1'LY IN CW'RDY OF
Tristen James Price
February 28, 1998
Mother
2. A Conciliation Conference was held on September 16, 1998, with the
following individuals in attendance: The Mother, India Elizabeth
IaconO-Price, with her counsel, J. Paul Helvy, Esquire, and the Father,
James Douglas Price, with his counsel, Ron Turo, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date
~~d '7, If'Lt
42.". hl_ pia d
Da S. Sunday, Esqulre ,
Custody Conciliator
!\J Riegler' Shienvold
'1.11 & Associahls
EXHIBIT
Elliot Ricglcr, Ph.D,
Arnold T. Shicllvold, Ph.D,
Ml'linda Ea,I1, M.S.
Wayul' '('nlltH. ~lS.
Jallle, IV. Ea,Ii, I..S, IV.
MidHlI'IJ. A,h'Il,I'Ii.f),
BOil II h.' !toward, I'h.n,
AIIl)' K. Keisling, A.C.S, IV.. I..S.w,
Tracy Riclilll'd" A.C.S, IV.. I"S.W.
DYllnlle Seymore, I..S, IV.
DOlIl.ilWl'l'lll'l', L.S.W.
CUSTODY EVALUATION
India Elizabeth Iacono-Price vs. James Douglas Price
Referred By:
Mutual consent of the par1ies following a custody conciliation
conference with Dawn Sunday, Esquire
Referral Reason:
To perform a comprehensive custody evaluation and to make
recommendations regarding the most appropriate custodial
arrangement fhr Tristan James Price, DOB 2/20/98,
Individual Interviews:
James Price
India Iacono-Price
Elizabeth Iacono
3 hours
3 hours
, , hours
Psychological Testing:
Minnesota Multiphasic Personality Inventory (MMPI-2):
· James Price
· India Iacono, Price
Millon Clinical MultiaKiallnventory_1II (MCMI-III):
· James Price
· India Iacono-Price
Parent-Child Interaction:
Each parent was observed interacting with Tristan in the office
setting
Home Observation:
Given the unusualnuture of this case, each parent was observed
interacting with Tristan in the home of the parent's ofIndia.
Other Information:
I, Order of Court dated Septmeber 22, 1998,
2. Outpatient records for James Price from Holy Spirit Hospital
Mental Health Center.
3. DialY ol'visits maintained by Liz Iacono of her observations of
James' visits with Tristan
4, A series of letter and notes from India to the evaluator further
clarifying her observations and concerns.
Fux: (717) 540,1416 . (717) 540.1111 . 2151 Linglc~lowll Road, Suite 20D' Harrisburg, Pennsylvuniu 1711D
Page 2
RE: Iacono-Price v. Price
The recommendations at the conclusion of this report are based on all of these sources of
Information.
Background:
India and Jim met at Gold's Gym in 1996, They were dating for awhile when India
became pregnant. She reports that she "lost" the baby, but the experience actually brought her
and Jim closer together. Nonetheless, there were continual problems in the relationship, India
attributes the problems to tremendously different backgrounds and values. She reported that Jim
had a lower level of edlwation and that he had little desire to improve himself. Jim felt that India
would not accept who he was and constantly "nit picked."
India and Jim continued to date, in spite of their problems, and she again realized that she
was pregnant in June of 1997. She and Jim decided to get married at a Justice of the Peace on
July 8, 1997 because "it allowed Inclia to get medical benefits." They had a more formal wedding
on August 15, 1997. Problems continued to escalate even prior to the second wcdding, There
were very significant conflicts between Jim, India and Jim's parents, These conflicts have never
been resolved and India remains completely opposed to Jim's parent's having any contact with
Tristan, India reports that Jim's temper and anger would escalate unpredictably and that he
would frequently become verbally abusive of her, In his anger he would continually threaten to
hurt her. She denies that Jim actually physically hurt her, but she was very frightened of him, Jim
admits that he would get angry, but denies that he would have ever hurt his wife. There were two
occasions when India separated from Jim, prior to their tinal separation. However, each time they
separated Jim would promise to control his temper and they would reconcile,
Jim agreed to be evaluated at Holy Spirit Hospital in December of 1997. At that time he
admitted to life long problems with depression and anger control. He was diagnosed with a
dysthymic disorder and placed on Depakote. This drug is a mood stabilizer and was prescribed
because Jim was also suspected to have an impulse control problem, It appeared that the drug
was helping somewhat as both Jim and India reported some improvement. However. following
the birth of the baby things again worsened between them, India reports that she finally decided
to leave Jim permanently when he screamed at the baby. Jim denies ever being verbally abusive to
Tristan,
Because of her concerns about Jim's anger control and general behavior India has been
opposed to any type of unsupervised visitation between Jim and Tristan. Jim initially acquiesced
to supervised visits. These would occur at India's parent's home when everyone was in
agreement. India reports that Jim refused to see Tristan for approximately two months, Jim
states that he did not see Tristan because he did not want to have contact with India, He reports
becoming very depressed following their separation and not being able to handle the tension that
Page 3
RE: Iacono-Price v, Price
arose when he was with India, He began visits again in July and then decided (hat he wanted
unsupervised access with Tristan,
At this point in time, Jim is requesting joint physical custody ofTristan. He works for Fry
Communications on a rotating 12 hour shift basis, He would like to have custody of Tristan
whenever he is not scheduled to work, He believes that Tristan would benefit frolO having more
time with him, Jim feels that Tristan is well bonded to India and her family, but he has not bonded
at all to him and his family. It should be noted that Jim is willing to respect India's wishes and not
allow Tristan to be around his mother and father, This presents somewhat of a problem, however,
since Jim is currently living with his parents. Jim does not feel that he needs supervision when he
is with Tristan, He denies that he would ever hurt him and argues that there is no occasion where
he has done anything inappropriate with Tristan. He feels extremely uncomfortable visiting with
his son in India's home because of the considerable animosity that currently exists between them.
India and her family remain totally opposed to Jim having any unsupervised contact with
Tristan. They note that Jim has a very long history of emotional problems, Jim first experienced
depression at age 16 and, according to India, Jim has replJrted having suicidal thoughts on a
variety of occasions ever since. Additionally, as noted above, Jim has also experienced repeated
problems in controlling his temper, He admits that he has had this problem with his family, as
well as with other individuals, always men, when he has been out socially. However, according to
Jim, India is the first woman with whom he has displayed this behavior. The Iacono's have seen
Jim's moods change very quickly, They state that Jim has become frustrated during visits and
"started yelling and screaming" at India" in front of Tristan." India does not trust Jim to be able
to control that behavior with Tristan if he becomes frustrated with him,
India reports that it has been recommended by at least one psychiatrist, Dr. Dela Cruz.
that Jim be on medication for depression and an impulse control disorder for the rest of his life.
She also reports that there was some: concern that Jim may suffer with a Bi-Polar Disorder,
However, there was no sign of those issues in the doctor's notes, India would want Jim to be in
on-going out patient therapy, and to be taking his medications before she would even consider .
allowing an unsupervised visits between Jim and Tristan, Furthermore, she does not trust Dr, Del
Rosario since he recently evaluated Jim (October, 1998) and concluded that Jim was not in need
of therapy or medication at that time. She is concerned because Dr. Del Rosario used Jim's self-
report as his only basis for making that conclusion. On the other hand, India states that Jim hu
admitted to her that he is very depressed and knows that he needs help, He is reluctant to setlt
because of the cost and the time involved,
On a more recent basis, India and her mother have noted that Jim lacks confidence in
caring for Tristan when he visits with him. They note that Jim will often sit in silence rather than
interact with Tristan. He rarely changes a diaper and almost never feeds Tristan. He take. very
little pro-active part in Tristan's life or activities. When Tristan becomes whiney, or fussy, they
Page 4
RE- Iacono-Price v, Price
report that Jim takes it personally and states, " He doesn't like me," Jim will then withdraw from
Tristan and leave the visit. Mrs, Iacono also reports that Jim has missed many visits, come late
for a considerable number, and left early frequently, For this reason, they question his
commitment to Tristan and the process.
Jim reports that his problems in attending visits are related to the fact that he has had to
work a considerable amount of overtime due to the expenses associated with the divorce, There
is some "normal" overtime required on his job, but he noted that he volunteers for a lot more, He
would like to be able to move from his parent's home, but he needs greater financial resources in
order to do that. With respect to his behavior on visits, Jim admits that, at times, it gets awkward
for him. Tristan is more bonded to his grandmother than to him and he will often seek her out to
do things for him lie admits that ht~ does little of the feeding or diaper changing, but feels that is
benause of what is noted above. Additionally, he leels that India is critical of him and would say
he was not doing it "right." Finally, he states that he leaves visits early becaust, he often has other
chores or tasks which he must accomplish when he is not working.
Recommendations and Analysis
It is recommended that Tristan remain in the primary physical custody of his mother,
India, Legal custody of Tristan should be shared between the parents. It is further recommended
that James period's of partial custody continue to be supervised in the near future. The current
schedule of visits allows for adequate time for bonding between Tristan and his father. This was
noted in the fact that Tristan displayed no stranger anxiety with his father either in the home
environment or the olfice environment. In lact, Tristan appeared to be familiar with his father and
comfortable with his care, However, the observations of his care were rather limited and there
were signs of a lack of confidence on Jim's paft in dealing solo with his son, Mrs, Iacono remains
a good person to provide for the supervision in the home environment. Jim is actually fairly
comfortable with her and appears willing to communicate with her. Furthermore, Mrs. Iacono
appears willing to help Jim become more educated in the care of his son, and provide feedback on
his behavior Jim appcars willing to accept this type of feedback fi'om her.
The reason that supervision should remain in etTect is two-fold, First of all, this evaluation
raises a significant amount of concern regarding Jim's emotional stability, There appears little
doubt that he has sutTered from a Dysthymic (depressive) Disorder from the time he was an
adolescent. Although he did not admit to many of his problems in these interviews, in his early
evaluations at Holy Spirit Hospital he admitted these problems. His depressions appear to be
cyclical, but intense, Jim has recently denied these problems to Dr. Del Rosario, but he has
admitted them in this evaluation and apparently has admitted them to India.
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RE: Iacono-Price v. Price
Whcn one (louplcs his tendcney towards dcpression with his difl1culty in dealing with
tl'ustration, the possibility of unpredictable behavior becomes too great to risk the welfare of
Tristan, It is not believed tlull Jim would do anything to physically harm his child. There is no
indication that hc has I'veI' physically harmed anyone associated with this case, However, he
appcars to lack control of whut hc suys whcn angry, or how he says it, Jim can become quite loud
and intimidating without even realizing it. His rather lurge body, as a function of his body-
building, further enhances his intimidating posture, Jim has not leawed how to modulate his
angry responses, These arc frightening to anudult, and would be even more so to a child of
Tristan's age. If this were to OCcur when there was no one else present to sooth Tristan, it would
be experienced as quitc traumatic fhr him.
Finally, Jim does not appear to be ready to handle Tristan on his own. He admits to a lack
of confidence in curing for Tristan and he possesses ulack of experience in providing all of the
various types of care that Tristan would require, To be placed in an unsupervised situation with
Tristan, without the SUpport of another adult to help him, might place a tremendous amount of
pressure on Jim. If he was unable to do what was necessary for Tristan, he might become
frustrated. It is this possibility, Le, Jim becoming frustrtlted, that would lead to concerns about his
treatment of Tristan because it is when he becomes frustrated that Jim has a dimcult time
Controlling his anger
Therefbre, it is strongly recommended that Jim re-enter therapy to help him deal with his
long tenn problems with depression, It is also recommended that in addition to dealing with
anger in his individual therapy, Jim be required to attend anger management sessions. A focused
group setting would help Jim acquire skills more rapidly in a supportive setting. Finally, it is
recommended that Jim also attend the Children's Playroom with Tristan in order to acquire
greater parenting skills. This will allow for an additional supervised visit between Jim and Trista/l
at a location other than the Iacono's home. Furthermore, the stafrofthe Playroom work directly
with parents on their parenting skills.
It is impol1ant to note that ulthough history and intcrview of Jim strongly support the
conclusions that arc drawn above, psychological testing docs not. Jim's MMPI-2 results are
totally within normall'xpeetations However, his answers to individual questions suggest Ihat Jim
is uware of the problems from which he sutlers. Jim's MCMI-IIJ results suggest SOme narcissistic
traits in Jim. He appears to have responded to this test in a way that suggests how he would like'
his life to be, rather than how it is, He hus displayed an elcvated sense of self~worth and an air of
imperturbability. These individuals are likely to lack some insight and become defensive when
their filUlts are pointed out to them, Sclf-righteous anger will surface in the fuce of criticism,
India, on the other hand, does not have the history of poor fiunily relationships and
subsequent emotional problems that Jim displays, She presented as a bright woman who has now
embarked upon completing her education She has the support of her parents both emotionally
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result of Father's emotional outbursts and Impulse control problems, Mother, with the
minor child, left Father and moved In with her parents on March 12, 199B,
Since May 20, 1999, the date of the last Conciliation Conference, Father has
exercised only approximately ~i5% of his scheduled supervised visitation with the minor
child at the home of the maternal grandparents, Dr, Shelnvold, in his evaluation,
concludes that Father's periods of partial custody should continue to be supervised In
the near future, His recommendation Is based upon the fact that his evaluation
"",raises a significant amount of concern regarding Jim's emotional stability."
(Shelnvold report, at page 4),
II. WITNESSES
1, India Elizabeth Iacono - Mother will testify regarding all Issues related to
Father's emotional outbursts and Impulse control problems from the date
of their marriage on July 8, 1997, through the date of their separation on
March 12,1998, Mother will further testify regarding Father's admissions
to his lifelong difficulties regarding suicidal thoughts, depression,
dysfunctional family history, and further regarding his psychiatric care and
treatment during the time that the parties were together, Mother will also
testify regarding all aspects of Father's mistreatment of her in the
presence of the child and his lack of parenting skills,
2. Arnold T, Shelnvold, Ph,O. - Dr, Shelnvold will testify regarding the
substance of his custody evaluation of the parties Including his
professional opinion that Father's temporary custody remain supervised,
INDIA ELIZABETH IACONO-PRICE,
Plaintiff
v,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 98-1690 CIVIl. TERM
: CIVil ACTION - CUSTODY
JAMES DOUGLAS PRICE,
Defendant
12GE~-Bm~
1, FATHER'S POSITION ON CUSTODY:
The parties had born to them Tristan James Price, on February 28, 1998. Soon
after the birth of this child problems caused the parties to split. Thereafter on April 29,
1998, the parties agreed to give Mother legal custody with some very limited visitation
time to Father at Mother's place of residence, Father agreed to this arrangement based
on his belief that after the entry of a Stipulation, Mother would re-involve herself with
him and would allow him significantly more time with the child, This Stipulation was
entered as an Order of Court on May 7. 1998, Thereafter, when Mother failed to live up
to her oral promises, Father requested a modification of the Order and the Court, after
conciliation conference did 90 modify the Order on September 22, 1998, This Order
continued Mother's legal custody and primary physical custody and allowed the Father
additional visitation time with the child in the presence of the maternal grandmother. It
also contemplated a custody evaluation to be performed by a professional selected by
the parties, Following an evaluation performed by Dr, Arnold Shienvold, the parties
appeared before the Custody Evaluator and, unable to reach any agreement, this
matter has now been referred for a Court Hearing,
Father was recommended to the Children's Playroom as part of 01', Shienvold's
evaluation, Father fUlly cooperated In this program and completed the same
successfully, Unfortunately, as has become the history in this matter, the Mother
refused to cooperate fully and In fact through up obstacles to the Father's meaningful,
full participation with his son, This ongOing pattern of attempting to severely restrict
Father's involvement with his son has now caused the Father to come before the Court
requesting shared legal and physical custody,
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The Father Intends to call himself, Dr, Shlenvold, the Plaintiff, Plaintiffs parents,
Dr, Del Rosario and any witness identified In Plaintiffs Memorandum, Father expects
the testimony to establish that he Is a concerned and loving Father who wishes to spend
quality time, unsupervised, with his son,
3, EXHiBi~:
The Father may Introduce lelters from his treating psychiatrist and will Introduce
a copy of the report from Children's Playroom, Inc, and possibly an updated report from
Dr, Shlenvold,
Respectfully Submitted
TURD LAW OFFICES
7 lx/ /'1&
Date
/t;1;(1); _____
R n Turo, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 245.9688
Attorney for Father, James Douglas Prloe
co: Charles Rector, Esquire
- - """'HARt
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1,t':'\:":':'",a.'(J eOIl_
-.. QItO. "I'NN8V/.VANIA l7Ioe,oe.e
~{:c,~Di'_-~'-' ',_ , _,
INDIA ELIZABETH IACONO-PRICE,
Plaintiff
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IN THE COURT OF' COMMON PLEAS
CUMBERLAND COUN1'Y, PENNSYLVANIA
CIVIL ACTION .. CUSTODy
AND "DO, 'hi, - "1"_ d.y :~: vV\r.AA _, 19.98, 'h,
st"Ch'd Custody "iup'""on " h.r~V'd 'nd i, m'd, '"
Order of the COurt,
JAMES DOUGLAS PRICE,
Defendant
NO, 98-1690
By THE COURT, 1/
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1, Mother shall have sole legal custody,
2, Mother shall agree to share signi f icant
regarding Tristen wi th Father, including but not
medical and education information,
3, Mother shall have primary physical custody of 'I'ritJten
during his minority,
4, Father shall have the following visitation privilegeAI
a, On those days when Father does not work, he ohall
have the right to visit with Tristen for up to five hours,
b, Father shall have the dght to visit with 'rdaten at
information
limited to,
least two "work nights" per week,
c, Such other times as the parties may agree,
d, Father acknowledges that said periods of visitation
shall occur within Mother's place of residence unless Mother
agrees otherwise,
5, Father agrees that the aforesaid visitation privileges
shall cease in the event that he either (a) stops taking his
medication or (b) discontinues with his psychiatric visits and
therapy without written notification from his treating physician
that they are no longer necessary.
6, Both parti.es agree that they shall completely refr.ain
from alienating or attempting to alienat'J or destroy the affeotion
of the children for the other party, Furthermore/both part i..
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INDIA ELIZABETH IACONO.PRICE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
,
v, : NO, 98-1690 CIVIL TERM
JAMES DOUGLAS PRICE,
Defendant : CIVIL ACTION _ CUSTODY
ORDER OF COURJ
AND NOW, this A. day of /\~)(j0:' ;\ ,1998, upon consideration of the
attached Complaint, it is hereby directed that the parties and their respeotlve counsel
appear before t'n;^- n \, ::'\JYtt-, I , 1.--, ((+---, the conciliator, at .) 1'1 ~,
(\.y \. .~ ( r \ t -
l'--Irl\r:,.:T.) J 'ch'\i(')) i) (f onthe \I.c) dayof~XT):f'(f\'i>(, 1998,
at \ \ . ~..;() AM, for a Pre-Heai'ing 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,
FOR THE COURT,
By: (-:j'::5tfH \){\ 1\ J\111\'\~f'b t ~ /~ .
Custody Conciliator .J (\D, )
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990, For informatlrm 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 LAWYER AT ONCE, IF YOU DO .
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
INDIA ELIZABETH IACONO-PRICE, : IN THE COURT OF COMMON PLEAS OF
. Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
,
v, : NO, 98-1690 CIVIL TERM
JAMES DOUGLAS PRICE,
Defendant : CIVIL ACTION - CUSTODY
fEIlTION TO ~D CUSTODY ORDER
1. Defendant, James Douglas Price, is the natural father of Trlsten J, Price, born
February 28, 1998,
2, Plaintiff, India Elizabeth Iacono-Price, is the natural mother of the said child,
3, The parties entered into a Custody Stipulation on April 29, 1998 which was
rendered a Court Order by the Honorable Edgar B, Bayley on May 7, 1998, A
copy of the Order and Custody Stipulation is attached hereto and made a part
hereof,
4, The Agreement was entered Into by the father based on verbal assurances from
the mother that the parties would reconcile and would continue to have mutual
access to the child, which access has now been denied repeatedly by the
mother and In violation of the Agreement.
5, The Agreement as entered requires visitation only at the mother's home which
visitation has not worked and will not work in the future,
6, The Defendant father Is desirous of a change In Custody Order that will allow
regular ongoing visitation with his son at a place outside of the mother's home,
preferably father's home, and any other such relief as the Court deems proper
and just.
INDIA ELIZABF.TH IACONO-PRICE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYINANIA
NO 0 98- 1690
vo
JAMES DOUGLAS PRICE,
Defendant
CIVIL ACTION - CUS'rODY
CUSTOJ[Y. STIPULATION
AND NOW this .J~ day of ~__, 1998, the undersigned
INDIA ELIZABETH IACONO-PRICE, hereinafter referred t.o as "Mother"
and JAMES DOUGLAS PRICE, hereinafter referred to as "Father" do
hereby stipulate and agree to the entry of a Court Order setting
forth the custodial rights of the child as follows:
WHEREAS, the parties are the natural parents of Tristen J.
Price born February 28. 1998; and
WHEREAS, Mother has filed a Custody Complaint in the Court of
Common Pleas of Cumberland County; and
WHEREAS, it is the parties' desire to amicably resolve the
issues raised in Mother's Custody CompJ.aint; and
WHEREAS, both parties agree that it is in the Tristen'S best
interest. that both Mother and Father continue to have a significant
contact with Tristen; and
WHEREAS, the terms and conditions of this Stipulation may be
modified by mutual agreement of the parties;
NOW, THEREFORE, both Mother and Father acting freely and
voluntarily and intending to be legally bound do hereby agree as
follows:
. 0.'.' 'lII't'
I. Mother shall have sole legal custody.
2. Mother shall agree to share significant information
regarding Tristen with Father, including but not limited to,
medical and education information.
3. Mother shall have primary physical custody of Trlsten
during his minority.
4. Father shall have the fOlloWing visitation privileges:
a. On those days when Father does not: work, he shall
have the right to visit with Tristen for up to five hours.
b. Father shall have the right to visit with Tristen at
least two "work nights" per week.
c. Such other times as the parties may agree.
d. Father acknOWledges that said periods of visitation
shall occur within Mother's place of residence unless Mother
agrees otherwise.
5. Father agrees that the aforesaid visitation privileges
shall cease in the event: that he either (a) stops taking his
medication or (b) discontinues with his psychiatric visIts and
therapy without written notification from his treating physician
that they are no longer necessary.
6. Both parties agree that they shall completely refrain
from alienating or attempting to alienate or destroy the affection
of the children for the other party. Furthermore, both parties
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INDIA E:l.,IZABE'I'H IACONO-PRICE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYINAN~IA
( .
NO. -r$'- /1,10 r u .
v,
JAMES DOUGLAS PRICE,
Defendant
CIVIL ACTION - CUSTODY
ORDER
YOU, JAMES DOUGLAS PRICE, Defendant, have been sued in court
t.o obtain custody of the fOllowing child: Tristen J. Price, age 4
weeKs.
YOU aI'e ordered to appear in person at~(('c\k\(.hlt:\l,Po't
~':::>\\K~~,*{i~ '-\i\'
. L \ . >L'_",,_UJ
the -l. day of '-- ~ ),,(:"_
._' Pennsylvania, on
, 1998, at ___~_ o'clock
Q.m. for a conciliation or mediation conference.
If you fail to appear as provided by this Order, an order for
custody, partial custody or visitation may be entered against you
or the Court may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU no NOT HAVE A LAWYER OR CANNOT APPORD om, GO TO OR
TELEPHONE THE OFPICE SET FORTH BELOW TO PIND OUT WHBRB
YOU CAN GET LEGAL HELP.
Office of the Court Administrator
Cumberland County Courthouse - Fourth FlOOr
1 Courthouse Square
Carlisle, Pennsylvania 17013-3387
Telephone (717) 240-6200
INDIA ELIZABETB IACONO-PRICE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERI"AND COUNTY, PENNSYLVANIA
NO. ? p- Jc, 90 ~ 7~,t-'
. i
I
v.
J
'j
JAMES DOUGLAS PRICE,
Defendant
CIVIL ACTION - CUSTODY
COMPLAOO FOR CUSIQIlX
1. The Plaintiff is INDIA ELIZABETH IACONO-PRICE, who
presently resides at 2889 Ford Farm Road, Mechanicsbllrg, Cumberland
County, Pennsylvania l. 7055.
2. The Defendant :is JAMES DOUGLAS PRICE, who presently
resides at 4175 Mountain View Road, Apartment 114, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
3. Plaintiff seeks custody of the following child:
~
Tristen J. Price
Present Address
2889 Ford ,Farm Road
Mechanicsburg, PA 17055
~
4 weeks
old
The aforementioned child was not born out of wedlock.
The child is presently in the custody of Plaintiff.
During the past five (5) years, the child has resided with the
fOllowing persons at the following addresses:
~
Plaintiff and
Defendant
&;!gress
4175 Mountain View Road
Apartment 114
Mechanicsburg, PA 17055
Pate~
02/28/98 to
03/12/98
Plaintiff,
Elizabeth Joan and
Ralph Joseph Iacono
2889 Ford Farm Road
Mechanicsburg, PA 17055
03/12/98 to
present
.. ~ ,."".
7. The best interest and permanent welfare of the child will
be served by granting the relief requested.
8. 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.
There are no other persoml who are known to have or claim a
dght to custody or visitation of the child.
WHEREFORE, Plaintiff respectfully requests this Honorable
Court grant her custody of the child.
l1y
---
Dated: March 24, 1998
Helvy,
Killian & Geph
218 Pine Stree
P.O. Box 886
Harrisburg, PA 17108
(717) 232-1851
Atty. I.D. #53148
Attorneys for Plaintiff
3
YBRIll'ICATIO~
I hereby verify that the statements of fact made in the
foregoing document are true and correct to the best of my
knowledge, information and belief.
I understand that any false
statements therein are subject to the penalties contained in 18
Pa.C.s.A. ~4904, relating to unsworn falsification to authorities.
r;? I, '- .. ~ .P
/~ '. /...~, -,~
-I ,.
Dated; March 24, 1998
@,JlJN 1 0 1998
INDIA ELIZABETH IACONO-PRICE, )
Plainti ff )
)
vs. )
)
JAMES DOUGLAS PRICE, )
Defendant )
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO, 98-1690 CIVIL TERM
CIVIL ACTION. CUSTODY
QRDE~
AND NOW this f1i, day of ,jt..",'i..
.' 1998, It being reported to the
Conciliator that the parties have reached an agreement which makes fUl1her proeeedings
unneeessary, the undersigned Conciliator hereby relinquishes jurisdiction and returns the matter
to the Court Administl'ator. I f either of the parties wishes fllrthel' proceedings in this action, they
should petition the Court anew.
FOR THE COURT,
~ {~ip
MICHAEL L. BAN '
Custody Conciliator
Cc: J., Paul Helvy, Esquire
Mr. James Douglas Price
,-
.
.c
INDIA lOCO NO,
Plaintiff
: IN THE COURT OF COMMON PLEAS
, CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 98-1690/
: NO, 98-5037
: CIVIL ACTION. LAW
V,
JAMES DOUGLAS PRICE,
Defendant
eBAECIPE TO WITHDRAW IV!P.EABANI;E
Please withdraw my appearance on behalf of the Plaintiff, India Iacono, In
the above-captioned matters,
I ,J. Helvy. Esquire ;7
/
t/
APPEARANCE
Please enter my appearance on behalf of the Plaintiff, India Iacono, In
the above-captioned matters,
RESPECTFULL Y S MIl=J:Ee;-------
. )
1 / _/
,/_-'!:~/G~ ^~__./1 _...-/
Charl~s Rector's ulre
1104 Fernwood Ave., Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101