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HomeMy WebLinkAbout03-0796BRIAN K. LAFORM, SR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TERISUE LAFORM, NO. 2003- 716 CIVIL TERM Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. 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 be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the g round for t he d ivorce i s i ndignities o n rretrievable b reakdown o f t he marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LAW OFFICES OF PETER J. RUSSO, P.C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 BRIAN K. LAFORM, SR., Plaintiff V. TERISUE LAFORM, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - W+- CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, COMES, the above-named Plaintiff by and through the Law Offices of Peter J. Russo, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is an adult individual residing at 106 Center Street, Enola 17025, Cumberland County, Pennsylvania and is a citizen of the United States. 2. Defendant is an adult individual residing at 19 East Walnut Street, Room #11, Hanover 17331, York County, Pennsylvania and is a citizen of the United States. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for 20 years and has resided continuously therein for at least six months prior to filing of this Complaint. 4. Defendant has been a resident of the Commonwealth of Pennsylvania for 26 years and has resided continuously therein for at least six months prior to filing of this Complaint. 5. Plaintiff and Defendant were married on March 9, 1999 in York County Pennsylvania. 6. There are three children of the parties under the age of eighteen (18): Carissa Laform December 8, 1994 Allison Laform July 12, 1996 Brian K. Laform, Jr. September 8, 1998 COUNT I - DIVORCE 7. Plaintiff hereby incorporates by reference averments 1 through 6 of this Complaint as if each averment were set forth fully hereunder. 8. There has been no prior action for divorce by either party against the other. 9. Neither Plaintiff nor Defendant is in the Armed Forces of the United States or any of its allies. 10. Plaintiff avers that the marriage between the parties is irretrievably broken. 11. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling, but does not request the same. 12. Plaintiff and Defendant have property which will be subject to a property settlement agreement addressing support issues, which will be filed herein at the appropriate time. WHEREFORE, Plaintiff, Brian K. Laform, Sr., prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: A. That a decree in divorce be entered dissolving the marriage between the two parties. COUNT H - CUSTODY 13. Plaintiff hereby incorporates by reference averments 1 through 12 of this Complaint as if each averment were set forth fully hereunder. 14. Plaintiff is Brian K. Laform, Sr. residing at 106 Center Street, Enola 17025, Cumberland County, Pennsylvania. 15. Defendant is Terisue Laform residing at 19 East Walnut Street, Room #11, Hanover 17331, York County, Pennsylvania. 16. Plaintiff seeks custody of the following children: Name Present Residence DOB Carissa Laform 19 E. Walnut Street, Room #11 Dec. 8, 1994 Hanover, PA 17331 Allison Laform 19 E. Walnut Street, Room #11 July 12, 1996 Hanover, PA 17331 Brian Laform, Jr. 106 Center Street Sept. 8, 1998 Enola, PA 17025 17. The children were born out of wedlock. 18. The children are presently in the custody of the Plaintiff, who resides at, 106 Center Street, Enola 17025, Cumberland County, Pennsylvania. 19. In the last five years the children have resided with the following persons and at the following address: Persons Plaintiff & Defendant Defendant & Boyfriend Plaintiff Plaintiff & Grandfather Address 645 Broadway, Hanover, PA Spring Grove, PA 646 Broadway, Hanover, PA 106 Center Street, Enola, PA Duration Sept. 1998 to Nov. 2001 Nov. 2001 to Dec. 2001 Dec. 2001 to Nov. 2002 Nov. 2002 to Present 20. The Plaintiff, t he f ather o f t he c hildren, i s B rian K. L aform, S r., r esiding a t 106 Center Street, Enola, Cumberland County, Pennsylvania. He is married. 21. The Plaintiff currently resides with the following persons: Name Carissa Laform Allison Laform Brian K. Laform, Jr. Relationship Daughter Daughter Son 22. The Defendant, the mother of the children, is Terisue Laform, residing at 19 East Walnut Street, Room #11, Hanover, Cumberland County, Pennsylvania. She is married. 23. The Defendant currently resides with the following persons: Name Relationship Jeremy (last name unknown) Boyfriend 24. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 25. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 26. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation right with respect to the child. 27. The best interest and permanent welfare of the child will be served by placing legal and primary physical custody of the subject children with Plaintiff because the children have resided with their father all their lives and at the present time, he is best able to provide a stable home life. WHEREFORE, Plaintiff requests this Honorable Court to order that 1 egal a nd p rimary physical custody of the subject children be placed with Plaintiff. Respectfully submitted, Law Offices of Peter J. Russo, P.C. By: ' ; colt A. Stein Attorney for Plaintiff ID No. 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Date: 2/ atf/01 LAW OFFICES OF PETER J. RUSSO, P.C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 BRIAN K. LAFORM, SR., Plaintiff V. TERISUE LAFORM, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - IN DIVORCE CIVIL TERM VERIFICATION I, Brian K. Laform, Sr., verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: - 2 00? &44C., /-'5 & Brian K. Laform, Sr. r) -64. c C f EB 2 4 2003 BRIAN K. LAFORM, SR IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.2003 - 7Q ? l : CO t ?TERISUE LAFORM, CIVIL ACTION - LAW Defendant CUSTODY AND NOW, this a day of 2003, upon consideration of the attached Petition for Emergency Relief Seeking Custody of the.Minor Children, Ae4te's r X003 .;t 3.3o M. ", until er raer , G+?G,?* 1 Pte` 3 C / Neither party shall remove the children from this Court's Jurisdiction until further Order of this Court. Judge JG W t L, 1. LAW OFFICES OF PETER J. RUSSO, P.C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 BRIAN K. LAFORM, SR. Plaintiff V. TERISUE LAFORM, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 7q CIVIL ACTION - LAW CUSTODY AND NOW, COMES, the Plaintiff, Brian K. Laform, Sr., by and through Law Offices of Peter J. Russo, P.C., and respectfully submits the following in support of Plaintiffs Petition for Emergency Relief Seeking Custody: 1. The P laintiff i s B RIAN K. LAFORM, SR., residing at 106 Center Street, Enola, Pennsylvania 17025. 2. The Defendant is TERISUE LAFORM, residing at 19 East Walnut Street, Room #11, Hanover, Pennsylvania 17331. 3. Plaintiff seeks custody of the following children: Name Prevent Recidenee RUB Carissa Laform 19 E. Walnut Street, Room #11 Dec. 8, 1994 Hanover, PA 17331 Allison Laform 19 E. Walnut Street, Room #11 July 12, 1996 Hanover, PA 17331 Brian Laform, Jr. 106 Center Street Sept. 8, 1998 Enola, PA 17025 4. All three children were born out of wedlock. 5. The children are presently in the custody of Plaintiff, who resides at, 106 Center Street, Enola, Pennsylvania 17025. 6. During the past five years, the children have resided with the following persons and at the following addresses: Persons Plaintiff & Defendant Defendant & Boyfriend Plaintiff Plaintiff & Grandfather Address 645 Broadway, Hanover, PA Spring Grove, PA 646 Broadway, Hanover, PA 106 Center Street, Enola, PA Duration Sept. 1998 to Nov. 2001 Nov. 2001 to Dec. 2001 Dec. 2001 to Nov. 2002 Nov. 2002 to Present 7. The mother of the children is Defendant, Terisue Laform, currently residing at 19 E. Walnut Street, Hanover, Pennsylvania 17331. The mother is married. 8. The father of the children is Plaintiff, Brian K. Laform, Sr., currently residing at 106 Center Street, Enola, Pennsylvania 17025. The father is married. 9. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following persons: Name Relationship Carissa Laform Daughter Allison Laform Daughter Brian Laform, Jr. Son 10. The relationship of defendant to the children is that of mother. The defendant currently resides with the following persons: Name Relationship Jeremy (Last name unknown) Boyfriend 11. There are not any existing Orders of Court. 12. Defendant has simultaneously filed a complaint for divorce and custody that is attached hereto as Exhibit A. 13. Defendant has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 14. Defendant does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. On or about February 20, 2003, Defendant appeared at the East Pennsboro School District Elementary School where Carissa and Allison Laform were attending, signed them out, and took them to Hanover. 16. Defendant did not inform or discuss this decision with Plaintiff prior to withdrawing the children from school. 17. The Plaintiff has raised and cared for all of the children from each of their respective births and they have always resided with him. 18. After arriving in Hanover, Defendant indicated to Plaintiff that she would be enrolling the children in Hanover schools. 19. Defendant is residing in a one-room efficiency and does not have beds for the children. 20. Additionally, Defendant has refused to accept from Plaintiff the asthma medication needed by one of the girls. 21. The best interests of the children would be served if an order was entered regarding the physical custody of the children. 22. In the interim, the best interests of the children would further be served Defendant were prevented from leaving the jurisdiction of this court with the subject minor children before a hearing could be heard on this matter. 23. The best interests of the children would be served if Plaintiff were provided primary physical custody until a conciliation conference could be had between the parties. WHEREFORE, Defendant requests this Honorable Court to order that physical custody of the minor child be placed with Plaintiff pending further hearing on this matter. Respectfully submitted, Law Offices of Peter J. Russo, P.C. By: Scott A. Stein Attorney for Defendant Date: - J,3 ID No. 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 LAW OFFICES OF PETER J. RUSSO, P.C. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 BRIAN K. LAFORM, SR, Plaintiff V. TERISUE LAFORM, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - IN DIVORCE CIVIL TERM I, Brian K. Laform, Sr., verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. /I / Date: Z 2 ' 2 C1C7 ?? -'azlll Brian K. Laform, Sr. BRIAN K. LAFORM, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-796 CIVIL ACTION LAW TERISUE LAFORM IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February 27, 2003 , upon consideration of the attached Complaint, 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 Wednesday, March 26, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S.-Sun y, Fsq_z 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 /Orr - tea' ? ? f'?'?' ?? ?'? ?<? -? t r y?rv??us?vrv?? .rrli? Jf''? BRIAN K. LAFORM, SR., Plaintiff V. TERISUE LAFORM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-796 CIVIL TERM CIVIL ACTION -- LAW CUSTODY IN RE: TEMPORARY ORDER OF COURT ORDER OF COURT AND NOW, this 27th day of February, 2003, after a conference, we enter the following temporary order, which shall remain in place until after the conciliation in this matter: 1: The parties shall share legal custody of their children, Carissa Laform, born December 8, 1994, Allison Laform, born July 12, 1996, and Brian Laform, Jr., born September 8, 1998. 2. Father shall have primary physical custody of the children. 3. Mother shall be entitled to partial physical custody with the children every Saturday from 9:00 a.m. until 6:00 p.m. 4. Mother shall be granted unfettered access of the children by way of telephone. In other words, father shall allow the children to accept all of mother's phone calls made at reasonable hours. 5. Neither party shall remove the children from the jurisdiction of this Court without further order. 6. This matter should be scheduled for conciliation as soon as practical. B Edward E. Guido, J. Scott A. Stein, Esquire The Chelsea Building 3800 Market Street Camp Hill, PA 17011 For the Plaintiff Terisue LaForm, Pro Se 19 East Walnut Street Room #11 Hanover, PA 17331 :mae VNWASNN-3d n,?R" AI-j Gf?i ljd F, C, 0 A ,til 10 LAW OFFICES OF PETER J. RUSSO, P.C. Attorney for Plaintiff The Chelsea Building 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 BRIAN K. LAFORM, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TERISUE LAFORM, NO. 2003 -3 9(, CIVIL TERM Defendant IN DIVORCE PROOF OF SERVICE OF PLAINTIFF'S COMPLAINT UPON DEFENDANT AND NOW, COMES, Scott A. Stein, Attorney for Plaintiff, Brian K. Laform, Sr., and certifies that on 9Pjrc/aLy .2 Y. a dd3 , he did serve the Defendant, Terisue Laform with a true and correct /copy of the Divorce Complaint filed against her alleging the parties' marriage was irretrievably broken under Section 3301(d) and Section 3301(c) of the Divorce Code. Said complaint was served upon the defendant by placing same in an envelope, return receipt requested and addressed to Terisue Laform at 19 East Walnut Street, Room #11, Hanover 17331, York County, Pennsylvania. ?(] Service of Plaintiffs Complaint on the Defendant, Terisue Laform was effected on- - Fe u a U rl 3 . A true and correct copy of the U.S. Postal Servic Return eceipt is attached hereto and the original is affixed to the reverse of this document. [ ] Service of Plaintiffs Complaint on the Defendant, Terisue Laform was effected on _ . A true and correct copy of Defendant's Acknowledgment of Service is attached hereto and the original is affixed to this document. Respectfully submitted, l/ colt A. Stein Date: 27evLcZ 3, a ov 3 ,_, 0- SENDE Rma , ¦ nVO, Complete items 3, 4a and 4b. additional services. ¦ Print your name and address on the reverse of this fo I also wish to receive the m card to y ou. rm so that we can return this following services (for an 111 4'nach this form to the front of ft msilpi?s or on ft extra fee): 0 ¦ Write Rwtum Race' R bads ? sPa? does not 1 • ? Addressee's Address £ ¦ The Return Recei Requested-on the mai Piece below the article nurllber, delivered. Dt wi11 Show m whom the article was 2. ( Restricted Delivery C 3. Article Addressed deMred and the date 13 seed to: ConsuR postmaster for fee. a - 4a. Article Number 776A, 150e &41corge 1 700 p GtJAtlVf/?' $' 4b. Service D 0081 x/191 JET, ?M Registered Type i?Q?jQ ! ? 3 3 R' pre$s Mail ? Re , jpt for Merchandise ' a Slivery ` B : (Print N e) iS d see's Address (Only h 6. Sig ddrwccm an ee is paid) XI PS Form 3$ , 4December 1994 102595-98-B-0229 Certified Insured ? COD if E Lt of c .a 0 a Y C W H ai SENDER: I also wish to receive the ;C rn ¦ Complete items 1 and/or 2 for additional services. ¦ Complete items 3, 4a, and 4b. following services (for an 4) • Print your name and address on the reverse of this form so that we can return this extra fee): 4i at card to you. ¦ Attach this form to the front of the mailpiece, or on the back if space does not 1. ? Addressee's Address 2 0 d L permit. ¦ Write "Return Receipt Requested" on the mailpiece below the article number. 2- ? Restricted Delivery in r ¦ The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee. p delivered. 0 3. Article Addressed to: 4a. Article Number Q d d ??? I Svc L?9 roR? 7000 /,5730 e1001 0,?/ YPY ym, CL 4b. Service Type c WAi.. (JET' Sit ?, IP ,Ill b Registered Certified U) ?? ? 114 17-33 1 , ? Express Mail El Insured ? Return Receipt for Merchandise ? COD c vi Dgte of Delivery o I ` 5. ed B : (Print N e) d see's Address (Only if requested / c ?Y is paid) :a7 no m 6. Sig ne: drddrgssee r Agent) {1 19 o X ~ 2 PS Form 3811, December 1994 102 595-98-B-0229 Domestic Return Receipt UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS I Permit No. G-10 • Print your name, address, and ZIP Code in this box • L.A ? ? e L? o,F /FETE )e 'r. ROSS ?, ?r G - INE CHL-ZS ? 9 (,,1L0iAJ6! 3hoo c?ri P #7C_L, P19 i70» lftt(I?:::III::t:::Ii::l?I:fttf:ti?:?:l:li:::i?is::ilt::t?::ii .1 4 ) r- , -1 C . ?d ' TYF I ^? cl r\0 I TI ?? may; BRIAN K. LAFORM, Plaintiff vs. TERISUE LAFORM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this _ day of consideration of the attached Custody Conciliation Repo- 2003, rt, it is ordered and directed as follows: upon 1. The Father, Brian K. Laform, and the Mother, Terisue Laform shall have shared legal custody of Carissa Laform, born December 8, 1994, Allison Laform, born July 12, 1996, and Brian Laform, Jr, born September 8, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. During the school year, the Mother shall have physical custody of the Children every weekend (with the exception of the first full weekend each month) from Friday at 6:00 pm through Sunday at 6:00 pm and on one weekday evening per week, with the specific day and times to be arranged by agreement of the parties. The Mother shall exercise her periods of weekday custody in the East Pennsboro area where the Father resides. In the event the Children have a Friday or Monday holiday (or in service day) from school which is not otherwise addressed in this Order, immediately preceding or following the Mother's weekend period of custody, the Mother's weekend period of y custody shall be expanded to include the one day off school. If the school holiday falls on a Friday the Mother's period of weekend custody shall begin on Thursday at 6:00 pm. If the school holiday is on Monday, the Mother's weekend period shall extend through Monday at 6:00 pm. The Father shall have custody of the Children at all times not otherwise specified for the Mother, including the first full weekend of every month. 3. During the summer school break, the parties shall share having custody of the Children on an alternating weekly basis, which the exchange to take place each Friday at 6:00 pm. The noncustodial parent shall be entitled to have a weekday evening period of custody with the Children, with the specific times to be arranged by agreement. The summer schedule shall begin each year with the Mother receiving custody of the Children on the first Friday after the close of the school year. The school year schedule shall resume each year with the Father having custody of the Children at least one full week prior to the first day of school. 4. Each party shall have an opportunity to view the other party's residence to ensure a safe environment for the Children. During the visit to each other's residences, only the parties shall be present and one supervising adult selected by agreement of the parties. The parties agree that the Father's counsel, Scott Stein, Esquire, shall be present for the Father's visit to the Mother's residence, which shall be scheduled if possible, prior to Friday, March 28. In the event arrangements cannot be made prior to March 28 the visit shall be scheduled prior to the first weekend in April and the Mother's first weekend period of custody shall begin on April 2. In that event, the Father's first weekend period of custody shall be postponed to the second weekend in April, 2003. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS/NEW YEARS : In every year, Children from Christmas Eve through Christmas Dthe Fathr shall have custody of ay at 12:00 noon and the Motherhe shall have custody from Christmas Day at 12:00 noon through New Years Day at 12:00 noon. The Father shall have a period of holiday custody during the week between Christmas and New Years with the specific times to be arranged by agreement. B. THANKGIVING: In every year, the Father shall have custody of the Children on Thanksgiving day until 7:00 pm and the Mother shall have custody from Thanksgiving day at 7:00 pm through the following Sunday at 6:00 pm. C. EASTER: In every year, the Mother shall have custody of the Children over the Easter weekend until Easter Sunday at 2:00 pm and the Father shall have custody beginning on Easter Sunday at 2:00 pm and continuing through the commencement of school. D. MEMORIAL DAY/ LABOR DAY: The Mother shall have custody of the Children over the Memorial Day weekend every year and shall retain custody through Memorial Day at 6:00 pm. The Father shall have custody of the Children over the Labor Day weekend through Monday every year. E. JULY 4r h: In 2003, the Mother shall have custody of the Children on July 4th through 6:00 pm, which is the regular exchange time for the alternating weekly schedule. The parties shall share or alternate having custody of the Children over the July 4th holiday in future years as arranged by agreement. F. MOTHER'S DAY/ FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day, with the specific times to be arranged by agreement. G. CHILDREN'S BIRTHDAYS: The parties shall share having custody of the Children on their birthdays each year with the specific times to be arranged by agreement. H. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. Each party shall schedule his or her summer vacation during that party's regular alternating weeks of custody. In the event either party desires additional time for vacation, the parties shall cooperate in making arrangements to ensure that each party has equal periods of extended time with the Children. 7. The noncustodial parent shall be entitled to contact the Children by telephone one time each day at a mutually convenient time. The custodial parent shall be diligent and cooperative in ensuring that return calls are made to the noncustodial parent. 8. Unless otherwise agreed the party receiving custody of the Children shall be responsible to provide transportation for the exchange, with the exception of the mid-week evening period of custody for which the party visiting the Children shall be responsible to provide all transportation. 9. Exchanges of custody shall take place between the parents without the involvement of third parties unless otherwise agreed. The parties shall cooperate in ensuring that exchanges of custody take place in a civil and cooperative manner to protect the Children's interests and prevent exposure to conflict. 10. As soon as possible, the Mother shall obtain age appropriate car seats for each Child. 11. 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. B) cc: Scott A. Stein Esquire - Counsel for Father Joan Carey, Esquire - Counsel for Mother EDWARD E. GUIDO J. V'lN' JAIA' S\?Pv:-I, l t li C, ?- d?'V e t j BRIAN K. LAFORM, Plaintiff vs. TERISUE LAFORM Defendant Prior Judge: EDWARD E. GUIDO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION LAW IN CUSTODY 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carissa Laform December 8, 1994 Allison Laform July 12, 1996 Father Brian K. Laform, Jr (Buddy) September 8. 1998 Father Father 2. A Conciliation Conference was held on March 26, 2003, with the following individuals in attendance: The Father, Brian K. Laform, with his counsel, Scott A. Stein, Esquire and the Mother, Terisue Laform, with her counsel, Joan Carey, Esquire. 3. The parties agreed to entry of an Order in the form as attached. dalal- 74 Date Dawn S. Sunday, Esquire Custody Conciliator BRIAN K. LAFORM : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. TERISUE LAFORM : NO. 2003-0796 CIVIL ORDER OF COURT AND NOW, this ls'r day of JULY, 2003, after review of the "Petition for Special Relief, Contempt, and Modification", and it appearing that there is no emergency, this matter to be referred to the custody conciliator. The Court Administrator is directed to schedule a hearing before the conciliator and notify all parties involved. Edward E. Guido, J. Scott Stein, Esquire For the Plaintiff Joan Carey, Esquire For the Defendant :sld VIWAIASNN3d ?rir,n r.o-.p.r7y:?W(1 sC :E tad I - "in(` CO BRIAN K. LAFORM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-796 CIVIL ACTION LAW TERISUE LAFORM IN CUSTODY DEFF,NDANT ORDER OF COURT AND NOW, Thursday, July 03, 2003 upon consideration of the attached Complaint, 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 Wednesday, August 13, 2003 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn unday, .sq 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 fe?A7 ?g -,67^ Z4?? cac-(- ?z o co l-L 44p mNtdnusNN3d £ Z -E add L - 'itif CO 1?V U , iv rill {y- ?U JU?o 2 20a3 BRIAN K. LAFORM : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. TERISUE LAFORM : NO. 2003-0796 CIVIL ORDER OF COURT AND NOW, this 1sr day of JULY, 2003, after review of the "Petition for Special Relief, Contempt, and Modification", and it appearing that there is no emergency, this matter to be referred to the custody conciliator. The Court Administrator is directed to schedule a hearing before the conciliator and notify all parties involved. Edward E. Guido, J. Scott Stein, Esquire For the Plaintiff Joan Carey, Esquire For the Defendant sld ZZ :E fdd I - IN 60 BRIAN K. LAFORM, Plaintiff VS. TERISUE LAFORM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of ?"" , 2003, upon 4514 1 consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 1, 2003 shall continue in effect as modified by this Order. 2. The Mother shall have partial physical custody of the Children from August 19, 2003 through Monday, August 25, 2003 at 2:00 pm. Thereafter, the Mother shall have custody of the Children every weekend from Friday at 6:00 pm through Sunday at 6:00 pm through the end of April, 2004. Beginning in May 2004, the partial custody schedule set forth in the April 1, 2003 Order shall resume. In the event the Children have off school on a Friday or Monday through the end of April 2004, the Mother's weekend period of custody shall extend to include the day off from school. If the Children are off school on Friday, the Mother's weekend period of custody shall begin on Thursday at 6:00 pm. If the Children are off school on Monday, the Mother's weekend period of custody shall extend through Monday at 6:00 pm. 3. The Mother shall have custody of the Children over the Labor Day weekend in 2003 from Friday at 6:00 pm through Monday at 6:00 pm. 4. In 2003, the holiday custody schedule shall be modified so that the Mother has custody of the Children for the entire Thanksgiving school break from the Wednesday before Thanksgiving at 6:00 pm through Monday at 6:00 pm. In addition, the Mother's period of Christmas holiday custody shall run from Christmas day at 12:00 noon through 6:00 pm on the day before school resumes after the holiday school break. 5. The parties acknowledge that the additional periods of custody provided for the Mother in this Order constitute make-up periods for extended custodial periods denied to the Mother from May through August 2003 in violation of the April 1, 2003 Order. 6. When the Father is picking up the Children, the exchange of custody shall take place at the Choice cigarette outlet in Abbottstown square. 7. In the event either party no longer has appropriate housing for the Children during his or her periods of custody, the other party shall be entitled to provide care for the Children until appropriate accommodations are re-established. 8. Each party shall ensure that the Children attend scheduled counseling sessions during his or her periods of custody. 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. an cc: o A. Stein Esquire - Counsel for Father Carey, Esquire - Counsel for Mother J 64-03-03 t clward E. Uutdo J. MNVm1.SNN3d gNi 1C,", r f,nr; j r ,lNno BRIAN K. LAFORM, Plaintiff VS. TERISUE LAFORM Defendant Prior Judge: EDWARD E. GUIDO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION LAW IN CUSTODY 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carissa Laform December 8, 1994 Father Allison Laform July 12, 1996 Father Brian K. Laform, Jr (Buddy) September 8, 1998 Father 2. A Conciliation Conference was held on August 19, 2003, with the following individuals in attendance: The Father, Brian K. Laform, with his counsel, Scott A. Stein, Esquire and the Mother, Terisue Laform, with her counsel, Joan Carey, Esquire. This custody matter was referred to the conciliation process by the Court after consideration of the Mother's Petition for Special Relief, Contempt and Modification. All issues, including contempt, were resolved by agreement at the conference. 3. The parties agreed to entry of an Order in the form as attached. zRie-VE Date Dawn S. Sunday, Esquire Custody Conciliator BRIAN K LAFORM, SR., Plaintiff V TERISUE LAFORM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - 79C CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 24, 2003. 2. The marriage is irretrievably broken and ninety clays have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary's Office. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, Brian K. Laform, Sr., do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to Authorities. 5- /9 - 0: La0v / J-1L DATE Brian K. Laform, Sr. c3 r. -? v ci6 r_. _ ? : -- `_ .._ r;C ?_, ..? c._ .. J, c J -° BRIAN K LAFORM, SR., Plaintiff V. TERISUE LAFORM, Defendant IN THE COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - 79 C CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 24,2003. 2. The marriage is irretrievably broken and ninety clays have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce; is granted. 5. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary's Office. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, Terisue Laform, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. $ 4904 relating to unsworn falsification to Authorities. 4K- I G-o3 DATE Tensue Lal.onn Tet-?° See ('' C? _ ??? _!. I ?...?, J 1_'I ?L _ v, (^ .... ?.. J?` i y . ?_ ,? , . LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 SCOTT A. STEIN, ESQUIRE 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 BRIAN K LAFORM, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TERISUE LAFORM, NO. 2003 - 796 CIVIL TERM Defendant IN DIVORCE PROOF OF SERVICE OF DEFENDANT"S AFFIDAVIT UPON DEFENDANT AND NOW, COMES, Scott A. Stein, Attorney for Plaintiff, Brian K. Laform, Jr., and certifies that on -4 ? y ?Jt % 200-3 he did serve the Defendant, Terisue Laform L- with the Affidavit of Defendant Under Section 3301(c) of the Divorce Code requesting her signature thereon by personally handing same to Terisue Laform. Respectfully submitted, Scott A. Stein, L quire 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Date: ) G 3 n r- ca t..? c? r '.n ???. „y R?[ ' ?? ii- ?'. ?,-; ?'t?) : ' ? i ? : r7 r y. ; .. ': _ l_, (_% =< BRIAN K LAFORM, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TERISUE LAFORM, NO. 2003 - 79C CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing instrument upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Camp Hill, Pennsylvania, via certified mail with restricted delivery, return receipt requested and by regular first-class mail postage, prepaid, as follows: Terisue Laform 34 Broadway Street, Apt #1 Hanover, PA 17331 LAW OFFICES OF PETER J. RUSSO, P.C. Date: 9 - /)_03 Stein, Esquire I.D. No. 81738 By: ' S ott A. 3800 Market Street Camp Hill, PA 170111 (717) 591-1755 Attorneys for Plaintiff - l f E?3 __ n t1 .1'. ..r (_. ?-J ? r .- t i' (__ •' _J 't .. -- -- LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 SCOTT A. STEIN, ESQUIRE 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 BRIAN K- LAFORM, SR., Plaintiff v TERISUE LAFORM, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - ;796 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301( c ) of the Divorce Code. 2. Date and manner of service of the Compliant: Complaint served on Terisue Laform by Certified Mail, with return receipt on Februarv 24.2003 . 3. Date of execution of the plaintiffs affidavit required by Section 3301(c) of the Divorce Code: August 19, 2003 Date of service of plaintiffs affidavit on defendant: August 19.2003 Date of execution of the defendant's affidavit required by Section 3301(c) of the Divorce Code: - August 19, 2003 4. Date: 9 - /2 - 0 3 Related claims pending: None Respectfully submitted, Scott A. Stein C? C" , n, n "G i'? --J n?? -i ?? , Vii.. '?? ;i-;. ,,;(,. ,, ?T C,. =? -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff No. 2003-796 VERSUS Defendant DECREE IN DIVORCE AND NOW, ?'••5 7?,A • IT IS ORDERED AND DECREED THAT BRIAN K TAFORM, SR._, PLAINTIFF, AND TERIS R IA.FOIRM DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BYXHE ATTEST: J ?? PROTHONOTARY x 4;?6? BRIAN K. LAFORM, Plaintiff vs. TERISUE LAFORM, Defendant In The Court Of Common Pleas Of Cumberland County Pennsylvania NO. 03-796 Civil Term In Custody PETITION FOR SPECIAL RELIEF, AND MODIFICATION Petitioner, Brian LaForm, by and through himself. 1. Petitioner is the above-named Plaintiff, hereinafter referred to as the father, who resides at 131 Third Street, West Fairview, Cumberland County, PA 17025. 2. Respondent is the above-named Defendant, hereinafter referred to as the mother, who resides at 415 Rolling Lane, Abbottstown, Adams County, PA 17301. 3. The above-named parties are the natural parents of Carissa LaForm, born December 8, 1994, Allison LaForm, born July 12, 1996, and Brian LaForm Jr., born September 8, 1998. 4. The mother has ignored the safety and mental well-being of the children while in her custody including, but not limited, to the following: A. Mother has bought a Pit Bull dog. The dog is being trained to fight and has snapped at Carissa after she pointed at the dog. The father stressed the safety of the children around the dog and suggested a muzAe for the dog while around the children and the mother refused. Father asked about rabbi shots and a dog license and mother told father to mind his own business. B. Mother does not have an appropriate bed time for the children often allowing them to fall asleep when they want to, many times after mid-night. C. Mother tells children she is pregnant and then tells children she has a miscarriage. Mother has had her tubes cut, tied and burned and is very unlikely to get pregnant. Children get upset when mother says "Your baby brother died in mommies belly". D. Mother does not feed the children often enough and many times not at all. E. When children hit each other their mother allows them to hit back. Mother has held down one child so other child may kick or hit the other. F. Mother will sleep in till 10 a.m. or 11 a.m. and leave the children unsupervised and unfed. G. Mother, Jeremy Aswad and friends of mother play a game in front of children called "cotton balls", which involves grabbing the testicles of her boyfriend and trying to set them on fire with a lighter. H. Mother can not maintain a stable residence of her own and lives in basement of boyfriends parents house. Children do not have there own rooms and or beds. 1. Mother will call fathers residence to talk to children and late hours. Many times calling and talking to only two children and refusing to talk to the other. Mother allows seventeen year old boyfriend Jeremy Aswad to mentally and physically abuse the children including, but not limited, to the following: A. Mother and Jeremy Aswad held down Brian Jr, and shaved his head against his will to have a hair cut like Jeremy. B. Mother cannot handle children many times and Jeremy will correct children but hitting, throwing and yelling at children out of control. C. Jeremy Aswad has thrown the children in a room and held the door shut not allowing them to leave when the misbehave. D. Jeremy Aswad has told the children he will kill or bring bodily harm to the children's father and family. The children have cried and told the father "I don't want you to die". A report has been made by Angela Toscano, child care provider and cousin, to East Pennsboro Police. E. Brian Jr. did not want to brush his teeth and Jeremy Aswad dragged him to the bathroom and forced Brian Jr. to brush his teeth. Jeremy would not allow Brian Jr. to rinse his mouth out and forced him to swallow toothpaste. Jeremy Aswad drives reckless and at high speeds with children in the car. Father asked mother to not allow him to drive with children in car he has no license. Mother insist he has a license but refuses to show proof. G. Jeremy has told children if they tell anyone that lie has hit the children they will never see there mom again. Children have expressed to father about their concern. 6. Father had tried to work with mother to make the children's visit better for reasons including, but not limited to, the following: A. Allowing the mother to pickup children at a time convenient to her, many times very early in the day. B. Not talking to children on Saturday night due to mother and children not being home. Father has provided counseling for the children at Tressler Counseling and Education, 960 Century Drive, P.O. Box 2001, Mechanicsburg, PA 17055 8. Without this Court's intervention, the children are at risk of being further harmed by their mother and her boyfriend Jeremy Aswad. WHEREFORE, Petitioner respectfully requests the following: A. The mother shall receive supervised visitation every Sunday from 10 a.m. to 2 p.m. B. The father or a court appointed person shall supervise visitation at the fathers residence. C. Mother shall partake parenting classes, and personal counseling for anger management and self help Petitioner also request any other relief this court deems just and proper. Respectfully submitted, Brian K. LaForm All T L T N JJ {? T 1 From the desk of Ed Guido Judge 00.0- « /" I? Cr? BRIAN K. LAFORM IN THE COURT' OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TERISUE LAFORM 03-796 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday November 20 2003 , upon consideration of the attached Complaint, 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 Thursday, December 18, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _ /s/ Dawn SAnday Esq Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE 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 fiv `?? co in /V-? 462-lkw co-/r-/,/ VNNOASW ?d S S i..t.s i r; 7 d [} ll?j TERISUE LAFORM, Plaintiff/Petitioner VS. BRIAN K. LAFORM, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-796 CUSTODY CIVIL TERM RULE TO SHOW CAUSE AND TEMPORARY ORDER OF COURT AND NOW, this 7 day of December 2003, upon consideration of the Petition for Special Relief, a Rule is entered upon the respondent, Brian K. LaForm, to show cause why the relief requested by the petitioner should not be granted. W 30A 0w. bwAvv U. #r, 3003 6+v- cit-J, The rule is returnable - GO" oF.Order of ison 1. contempt hearing be e an the Court find the father in contemp d mp%iSfl!f'alcBM"gly. to supervisor ant to the J. ?fessica Diamondstone, Attorney at Law MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 vtrian K. LaForm Q y C, 131 Third Street West Fairview, PA 17025 YtVnuSNIN3d BRIAN K. LAFORM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTYPENNSYLVANIA vs. No. 03-796 CrviL TERM TERISUE LAFORM, Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF, CONTEMPT, AND MODIFICATION Petitioner, Terisue LaForm, by and through her counsel, Jessica Diamondstone of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Defendant, hereinafter referred to as the mother, who resides at 415 Rolling Lane, Abbottstown, Adams County, PA 17301. 2. Respondent is the above-named Plaintiff, hereinafter referred to as the father, who resides at 131 Third Street, West Fairview, Cumberland County, PA 17025. 3. The above-named parties are the natural parents of Clarissa LaForm, born December 8, 1994, Allison LaForm, born July 12, 1996, and Brian LaForm, Jr., born September 8, 1998. 4. The current Custody Order, attached as Exhibit "A" and incorporated herein by reference, is dated September 2, 2003. The Order, in pertinent part, continues the April 1, 2003 Order, attached as Exhibit "B," with slight modifications to grant the mother periods of partial custody every weekend from August 30, 2003 until the end of April 2004. The mother was also granted partial custody of the children during the Thanksgiving break from the Wednesday before Thanksgiving, at 6:00p.m. until the following Monday at 6:00p.m. In the September 2003 Order, the parties acknowledged that the additional time granted to the mother was to make up for extended custodial periods denied to the mother from May 2003 until August 2003, in violation of the April 1, 2003 Order. 5. The father has willfully disobeyed the Order in ways including, but not limited, to the following: a. On Friday, November 14, 2003, the mother attempted to exercise her custody rights as to her son. The two daughters were supposed to be attending a Girl Scout function so they were not scheduled to go with the mother. When the mother arrived, the father answered the door with what appeared to be an alcoholic beverage in his hand and was visibly intoxicated. Father refused to permit the mother to take the son for her period of partial custody, informing her that the son was not there and that the daughters were "in protective custody" as opposed to the Girl Scout function. The father refused to tell the mother where the children were. b. On Friday, November 21, 2003, the mother attempted to exercise her custody rights to the three children and again, the father refused to permit the mother to have the children. c. On Wednesday, November 26, the mother attempted to exercise her custody rights for the Thanksgiving holiday and again, the father refused to permit the mother to have the children. Moreover, in an attempt to humiliate and embarrass the mother, the father encouraged his family members to videotape the mother and make derogatory comments as he refused to allow the mother to exercise her partial custody rights. d. Despite the Order stating that the noncustodial parent is entitled to contact the children via telephone one time each day at a mutually convenient time, and requires the custodial parent to be diligent and cooperative in ensuring telephone calls are returned, the father will only permit the mother to speak to the children for five minutes, if at all. When the mother is permitted to speak to the children, the father remains on the line to prevent and private mother/child conversation. The mother usually calls between 5:00pm and 7:00pm and the father informs her that it is too late and refuses to allow her to speak to the children. e. The father has repeatedly made false claims to Children and Youth Services and to the Humane Society in efforts to harass and embarrass the mother and continually makes degrading and negative comments about the mother and her fiance to the children. 6. The father is not acting in the children's best interest for reasons including, but not limited to, the following: a. The father has willfully denied the mother both physical and phone contact with her children in ways set forth in paragraph five of this Petition For Special Relief, Contempt, and Modification. b. The father is trying to alienate the children from their mother. c. The father has not provided a nurturing atmosphere for the children; nor does he properly address the children's physical and medical needs. The mother fears for the health and safety of her children for reasons including, but not limited to, the fact that the mother had to purchase antibiotics for one of the daughters but the father would not confirm that he had administered the drug as required. d. The father has not dealt with his anger management problem toward the children, the mother and her fiance. The mother is the parent who can best provide for the children for reasons including, but not limited to, the following: a. The mother has been the primary caregiver for a majority of the children's lives. b. The mother has attempted to work with the father for the sake of the children; she is the parent who can best facilitate contact with the other parent. c. The mother is presently able to provide for the children by giving the children a nurturing environment and providing for their emotional, physical, medical, and educational needs. d. The mother requests that the Court transfer primary custody of the children to her. e. Without this Court's intervention, the children are at risk of being harmed from being denied contact with their mother. 8. Plaintiff is not aware that the father has legal counsel and, therefore, cannot attempt to contact her/him to obtain a concurrence for the relief requested. WHEREFORE, Petitioner respectfully requests the following: a. That a contempt hearing be held and the Court find the father in contempt and punish him accordingly. b. That the Court immediately transfer primary custody to the mother subject to father having periods of supervised visitation at a location and with a supervisor mutually agreeable to the parties. c. That the Court order the police to facilitate the transfer of custody pursuant to the Court Order. Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, t Jess' Diamondstone Attorney for Defendant/ Petitioner MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 VERIFICATION The above-named Plaintiff, Teri Sue LaForm, verifies that the statements made in the above Petition for Special Relief, Contempt and Modification, are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date:lc?-q _03 41 -5 rhuu Teri Sue LaForm, Plaintiff TERISUE LAFORM, Plaintiff/Petitioner VS. BRIAN K. LAFORM, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 03-796 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Brian K. LaForm with a Petition for Special Relief, Contempt and Modification on /rGm?/1e 2003 by certified mail, return receipt, restricted delivery, to the person and address below: Brian K. LaForm 131 Third Street West Fairview, PA 17025 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Signaturet BRIAN K. LAFORM, Plaintiff VS. TERISUE LAFORM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 1, 2003 shall continue in effect as modified by this Order. 2. The Mother shall have partial physical custody of the Children from August 19, 2003 through Monday, August 25, 2003 at 2:00 pm. Thereafter, the Mother shall have custody of the Children every weekend from Friday at 6:00 pm through Sunday at 6:00 pin through the end of April, 2004. Beginning in May 2004, the partial custody schedule set forth in the April 1, 2003 Order shall resume. In the event the Children have off school on a Friday or Monday through the end of April 2004, the Mother's weekend period of custody shall extend to include the day off from school. If the Children are off school on Friday, the Mother's weekend period of custody shall begin on Thursday at 6:00 pm. If the Children are off school on Monday, the Mother's weekend period of custody shall extend through Monday at 6:00 pm. 3. The Mother shall have custody of the Children over the Labor Day weekend in 2003 from Friday at 6:00 pm through Monday at 6:00 pm. 4. In 2003, the holiday custody schedule shall be modified so that the Mother has custody of the Children for the entire Thanksgiving school break from the Wednesday before Thanksgiving at 6:00 pm through Monday at 6:00 pm. In addition, the Mother's period of Christmas holiday custody shall ran from Christmas day at 12:00 noon through 6:00 pm on the day before school resumes after the holiday school break. 5. The parties acknowledge that the additional periods of custody provided for the Mother in this Order constitute make-up periods for extended custodial periods denied to the Mother from May through August 2003 in violation of the April 1, 2003 Order. BRIAN K. LAFORM, Plaintiff vs. TERISUE LAFORM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of FYJ , 2003, upon consideration of the attaclied Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Brian K. Laform, and the Mother, Terisu.e Lafonn shall have shared legal custody of Catissa Lafonn, born December 8, 1994, Allison Lafonn, born July 12, 1996, and Brian Lafonn, Jr, born September 8, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major icon-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terns of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. During the school year, the Mother shall have physical custody of the Children every weekend (with the exception of the first full weekend each month) from Friday at 6:00 pm through Sunday at 6:00 pin and on one weekday evening per week, with the specific day and times to be arranged by agreement of the parties. The Mother shall exercise her periods of weekday custody in the East Pennsboro area where the Father resides. In the event the Children have a Friday or Monday holiday (or in service day) from school which is not otherwise addressed in this Order, immediately preceding or following the Mother's weekend period of custody, the Mother's weekend period of custody shall be expanded to include the one day off school. If the school holiday falls on a Friday the Mother's period of weekend custody shall begun on Thursday at 6:00 pm. If the school holiday is on Monday, the Mother's weekend period shall extend through Monday at 6:00 pm. The Father shall have custody of the Children at all times not otherwise specified for the Mother, including the first frill weekend of every month. 3. During the sununer school break, the parties shall share having custody of the Children on an alternating weekly basis, which the exchange to take place each Friday at 6:00 pm. The noncustodial parent shall be entitled to have a weekday evening period of custody with the Children, with the specific times to be arranged by agreement. The sunmuer schedule shall begin each year with the Mother receiving custody of the Children on the first Friday after the close of the school year. The school year schedule shall resume each year with the Father having custody of the Children at least one full week prior to the first day of school. 14,y,}1? 4. Each party shall have an opportunity to view the other party's residence to ensure a safe environment for the Children. During the visit to each other's residences, only the parties shall be present and one supervising adult selected by agreement of the parties. The parties agree that the Father's counsel, Scott Stein; Esquire, shall be present for the Father's visit to the Mother's residence, which shall be scheduled if possible, prior to Friday, March 28. In the event arrangements cannot be made prior to March 28 the visit shall be scheduled prior to the first weekend in April and the Mother's first weekend period of custody shall begin on April 2. In that event, the Father's first weekend period of custody shall be postponed to the second weekend in April, 2003. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS/NEW YEARS : In every year, the Father shall have custody of the Children from Christmas Eve through Christmas Day at 12:00 noon and the Mother shall have custody from Christmas Day at 12:00 noon through New Years Day at 12:00 noon. The Father shall have a period of holiday custody during the week between Christmas and New Years with the specific times to be arranged by agreement. B. THANKGIVING: In every year, the Father shall have custody of the Children Oil Thanksgiving day until 7:00 pm and the Mother shall have custody from Thanksgiving day at 7:00 pm through the following Sunday at 6:00 pm. C. EASTER: In every year, the Mother shall have custody of the Children over the Easter weekend until Easter Sunday at 2:00 pm and the Father shall have custody beginning on Easter Sunday at 2:00 pm and continuing through the conuilencement of school. D. MEMORIAL DAY/ LABOR DAY: The Mother shall have custody of the Children over the Memorial Day weekend every year and shall retain custody through Memorial Day at 6:00 pm. The Father shall have custody of the Children over the Labor Day weekend through Monday every year. E. JULY 4`h: In 2003, the Mother shall have custody of the Children on July 0i through 6:00 pm, which is the regular exchange time for the alternating weekly schedule. The parties shall share or alternate havinc; custody of the Children over the July 4`h holiday in future years as arranged by agreement. F. MOTHER'S DAY/ FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day, with the specific times to be arranged by agreement. G. CHILDREN'S BIRTHDAYS: The parties shall share having custody of the Children on their birthdays each year with the specific times to be arranged by agreement. H. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. Each party shall schedule his or her summer vacation during that party's regular.altemating weeks of custody. In the event either party desires additional time for vacation, the parties shall cooperate in making arrangements to ensure that each party has equal periods of extended time with the Children. 7. The noncustodial parent shall be entitled to contact the Children by telephone one three each day at a mutually convenient time. The custodial parent shall be diligent and cooperative in ensuring that return calls are made to the noncustodial parent. 8. Unless otherwise agreed the party receiving custody of the Children shall be responsible to provide transportation for the exchange, with the exception o f the mid-week evening period of custody for which the party visiting the Children shall be responsible to provide all transportation. 9. Exchanges of custody shall take place between the parents without the involvement of third parties unless otherwise agreed. The parties shall cooperate in ensuring that exchanges of custody take place in a civil and cooperative manner to protect the Children's interests and prevent exposure to conflict. 10. As soon as possible, the Mother shall obtain age appropriate car seats for each Child. 11. 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. Li the absence of mutual consent, the terns of this Order shall control. B7 cc: Scott A. Stein Esquire - Counsel for Father Joan Carey, Esquire - Counsel for Mother EDWARD E. GUIDO J. ?S`r'l,:i a'4dt ., i &r+, ?? $r? MyN I 13B P"? KtiP3t`9?M? r fiad]CrTits P 6e r?<?{,E r ^;?, YI??'r P? `>?? Pfd dl t$1_.,._L `:i73=3 L.???.?.fr?thnnc+ttsrr?? BRIAN K. LAFORM, Plaintiff VS. TERISUE LAFORM Defendant Prior Judge: EDWARD E. GUIDO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION LAW IN CUSTODY 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carissa Lafornr December 8, 1994 Father Allison Lafonn July 12, 1996 Father Brian K. Laform, Jr (Buddy) September 8. 1998 Father 2. A Conciliation Conference was held on March 26, 2003, with the following individuals in attendance: The Father, Brian K. Laform, with his counsel, Scott A. Stein, Esquire and the Mother, Terisue Lafonn, with her counsel, Joan Carey, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator r: a >'c ,n C - C3? BRIAN K. LAFORM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-796 CIVIL ACTION LAW TERISUE LAFORM DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 04, 2003 , upon consideration of the attached Complaint, 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 Thursday, December 18, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Da o n Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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 47 - t/IrZASNN3d Jiddi C,; ? ?0 BRIAN K. LAFORM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 03-796 CIVIL ACTION LAW TERISUE LAFORM Defendant IN CUSTODY ORDER OF COURT AND NOW, this d4 day of V4" , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: ?-poyA. 1. A Hearing is eduled in Court Room No. of the Cumberland ('n»*+r?, Courthouse on the 1};Q day of FAW"br , 2004pFor purposes of the hearing, the Mother, TeriSue LaForm, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. Pending further Order of Court or agreement of the parties, the Mother shall ensure that either she or her fiance's parents are present when her fianc6 has contact with the Children. The Mother shall also ensure that her fianc6 does not use physical discipline with the Children. Edward E. Guido J. cc: Jessica Diamondstone, Esquire - Counsel for Mother j1-2.,.73-03 Brian K. LaForm - Father 0 „- 'U ! rh ? -? ii? n. G 7 ,r^.? ? ?V ??;.??ir r/ :?,. BRIAN K. LAFORM, Plaintiff VS. TERISUE LAFORM Defendant Prior Judge: EDWARD E. GUIDO CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Children who are the subjects of this litigation is IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION LAW IN CUSTODY as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carissa LaForm December 8, 1994 Allison LaForm July 12, 1996 Brian K. LaForm, Jr (Buddy) September 8, 1998 Father / Mother Father / Mother Father / Mother 2. A Conciliation Conference was held on December 18, 2003, with the following individuals in attendance: The Father, Brian K. LaForm, who is not represented by counsel and the Mother, Terisue LaForm, with her counsel, Jessica Diamondstone, Esquire. 3. The Father filed a Petition for Modification requesting that the Mother be required to attend parenting classes and that her periods of custody be supervised. The Mother subsequently filed a Petition for Contempt and Modification seeking primary physical custody of the Children and requesting that the Court hold the Father in contempt for failing to comply with the existing Order. The current Order, dated September 2, 2003 (continuing the prior Order dated April 1, 2003) provides for the parties to share having physical custody of the Children during the summer and during the school year, for the Mother to have custody on weekends and the Father to have custody during the week. The September 2, 2003 Order provided for substantial make-up periods of custody for the Mother for custodial periods denied by the Father from May through August 2003. The September 2, 2003 Order was the result of an agreement between the parties at the custody conciliation conference on the Mother's prior Petition for Contempt. 4. Although the parties were able to discuss the custody issues in a fairly civil manner, their differing perspectives on the factual issues raised by each make it extremely difficult to identify and address the issues without taking testimony. Although the parties disagree on almost all of the facts contained in their respective petitions, the fact that the Mother has not been permitted to exercise her periods of custody since November 14s' is not in dispute and, regardless of which party is determined to be credible on the facts underlying the custody dispute, it is apparent that the focus of the controversy is the involvement of the Mother's fianc6, Jeremy. 5. As the parties were unable to reach an agreement as to all outstanding custody issues at the conference, it will be necessary to schedule a hearing on both parties' requests for modification and the mother's request that the Father be held in contempt. 6. The Father's position on custody is as follows: The Father stated that he has not permitted the Children to go to the Mother's residence on weekends since mid-November because he believes that the Children are exposed to serious risks at the Mother's residence. The Father alleged that the Mother's fianc6 hits the Children and inappropriately disciplines them in other ways as well. The Father also alleges that there is serious conflict, (involving police intervention) between the Mother's boyfriend and his family at the family's residence where the Mother and Children reside. The Father made several allegations concerning the Mother's failure to provide appropriate care and supervision of the Children. The Father believes that the Mother's periods of custody should be supervised to ensure the Children's safety and that the Mother should attend parenting classes. 7. The Mother's position on custody is as follows: The Mother believes that the Father should be held in contempt for refusing to permit her to have custody of the Children since mid-November, and causing her to miss her extended period of Thanksgiving custody (previously ordered as a make- up for custodial periods previously denied by the Father). The Mother believes that the Father's complaints with regard to custody are motivated by her impending marriage on December 26. The Mother alleged that the Father interferes with her ability to speak with the Children by telephone privately and for reasonable periods of time. The Mother believes that the Father is not adequately caring for the Children's needs. The Mother requested that the Father be held in contempt for continuing to deny her Court Ordered periods of custody with the Children and also requested that the Order be modified to grant her primary physical custody of the Children. 8. The Conciliator recommends an Order in the form as attached scheduling a hearing on both parties' Petitions for Modification and the Mother's Petition for Contempt. Pending the hearing, the parties agreed to certain restrictions concerning the Children's contact with Jeremy, on the basis of which the Father agreed to resume the Mother's weekend periods of custody and the upcoming holiday custody arrangement. The mother requested that the hearing be expedited to ensure her ongoing and uninterrupted contact with the Children. It is expected that the hearing will require at least one-half day. The Father indicated that he planned to obtain counsel for the hearing. I ?xn ( ?- 3oJ3 Date Dawn S. Sunday, Esquire Custody Conciliator TERISUE LAFORM, Plaintiff VS. BRIAN K. LAFORM, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-796 CIVIL CIVIL ACTION - AT LAW CUSTODY TO THE HONORABLE EDWARD E. GUIDO, JUDGE OF SAID COURT: DF.FF,NDANT'S MOTION FOR CONTINUANCE AND NOW, the Defendant, Brian K. LaForm, by and through his attorney, Jeanne B. Costopoulos, Esquire, makes the following Motion for a Continuance: 1. A custody hearing is scheduled to take place on February 12, 2004 at 1:00 p.m. 2. Defendant recently retained undersigned counsel, who was previously scheduled to appear before the Honorable Kevin A. Hess on February 12, 2004, regarding a custody case that has previously been continued on numerous occasions. 3. The above referenced case currently scheduled before :fudge Hess involves several out-of- town individuals who have already made arrangements for travel and accommodations in preparation for the February 12, 2004 hearing. 4. Plaintiffs attorney, Jessica Diamondstone, Esquire, has indicated no objection to a continuance of the instant case. 5. The parties are presently subject to a custody order dated April 1, 2003. WHEREFORE, Plaintiff respectfully requests this Honorable Court to continue the hearing currently scheduled to take place on February 12, 2004 at 1:00 p.m. Respectfully submitted, 7( / Je a B. Costopoulos, Esquire 000 Ritter Road, Suite 202, Box 779 Mechanicsburg, PA 17055 Telephone: (717) 790-9547 PA Supreme Ct. ID No. 68735 ATTORNEY FOR DEFENDANT TERISUE LAFORM, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 03-796 CIVIL BRIAN K. LAFORM, : CIVIL ACTION - AT LAW Defendant : CUSTODY CERTIFICATE OF SERVICE, I, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, first class mail, prepaid, and addressed as follows: Jessica Diamondstone, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 BY: r1°11 Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202, Box 779 Mechanicsburg, PA 17055 Telephone: (717) 790-9547 PA Supreme Ct. ID No. 68735 ATTORNEY FOR DEFENDANT w ?j r s • ? ? N C4? ? ?(? ? IV -a O Cwt '? ,,, ,.. - - cuu't TERISUE LAFORM, Plaintiff VS. BRIAN K. LAFORM, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-796 CIVIL CIVIL ACTION - AT LAW CUSTODY ORDER OF COURT AND NOW, this day of L UAI , 2004, upon consideration of Defendant's Motion for Continuance, it is ordered and directed as follows: 1. The hearing previously scheduled on February 12, 2004, at 1:00 p.m. is continued until thelL day of 2004, at 7 •,yg.m. in Courno ! of the Cumberland County Courthouse. For purposes of the hearing, the Mother, TeriSue LaForm, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. Pending further Order of Court or agreement of the parties, the Mother shall ensure that either she or her fiancd's parents are present when her fiance has contact with the Children. The Mother shall also ensure that her fiance does not use physical discipline with the Children. B HE COURT: Hon. Edward E. Guido cc: Jessica Diamondstone, Esquire - Counsel for Mother Jeannd B. Costopoulos, Esquire - Counsel for Father J15 MNVA'IASNN3d AIIIII(riio M?l1?,,'-Iq 1J £Z Z WJ S-933U0Z AHVICNQHIO dd dHi 3O 3?l?-l0-Q3lH Teri Sue LaForm, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-796 CIVIL TERM Brian K. LaForm, Defendant :CUSTODY OTION FOR CONTINUANCE Plaintiff, Teri Sue LaForm, by and through her attorney, Jessica Diamondstone of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above- captioned case on the grounds that: 1. This matter was originally scheduled for a hearing on February 12, 2004 at 1:00 p.m. 2. Counsel for Defendant had a scheduling conflict and was unavailable for that hearing date. The hearing was rescheduled for March 26, 2004 at 9:30 a.m. 3. Counsel for Plaintiff is unavailable for hearing the date of March 26, 2004 and respectfully requests that this Court continue the hearing. 4. Counsel for Defendant indicates no objection to a continuance of this matter. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule the hearing in this matter. Respectfully Submitted, Jessica Diamondstone, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 TERI SUE LAFORM, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-796 CIVIL TERM BRIAN K. LAFORM, Defendant :CUSTODY CERTIFICATE OF SERVICE I, Jessica Diamondstone, Esquire, of MidPenn Legal Services, attorney for the Plaintiff, Teri Sue LaForm, hereby certify that I have served a copy of the foregoing Motion for Continuance on the following date and in the manner indicated below: U.S. First Class Mail Postage Pre-Paid Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 P.O. Box 779 Mechanicsburg, PA 17055 MidPenn Legal Services, Inc. Date. Jessica Diamondstone, Esqui MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 ?-) ni _.? -u- -n ? _ T' i ? -Z T rn? .,a _?G W -? C1) ? .. t!> N -? Teri Sue LaForm, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-796 CIVIL TERM Brian K. LaForm, Defendant :CUSTODY ORDER FOR CONTINUANCE AND NOW, this ??- day of February, 2004, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on March 26, 2004 at 9:30 a.m. by this Court's Order of February 5, 2004, is hereby rescheduled for hearing on , 2004 att:-bk. in Courtroom No. 5 on the 4a' Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. Jessica Diamondstone, Attorney for Plaintiff i,16iidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 /anne B. Costopoulos, Attorney for Defendant 5000 Ritter Road, Suite 202 P.O. Box 779 Mechanicsburg, PA 17055 By the rt, Edward E. Guido, Judge 1i. BRIAN K. LAFORM, Plaintiff V. TERISUE LAFORM, Defendant IN RE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION - LAW IN CUSTODY CUSTODY/VISITATION ORDER OF COURT AND NOW, this 5th day of April, 2004, after hearing, all prior custody orders are vacated and replaced with the following: 1. The Father, Brian K. Laform, and the Mother, Terisue Laform, shall have shared legal custody of Carissa Laform, born December 8, 1994, Allison Laform, born July 12, 1996, and Brian Laform, Jr., born September 8, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general wellbeing including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Father shall have primary physical custody of the children subject to periods of partial custody in the Mother as follows: A. Every weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday until the end of this school year. B. Beginning next school year: (i) Every other weekend to correspond with her days off from work. (ii) One overnight per week on alternating weeks to correspond with her day off work. Said visitation shall be from after school until the beginning of school the next day. C. In the event that the children have a Friday or a Monday holiday from school which is not otherwise addressed in this order, immediately preceding or following the mother's weekend period of custody, the Mother's weekend period of custody shall be expanded to include the one day off school. In said case, the Mother's weekend custody shall begin on Thursday at 6:00 p.m. or end on Monday at 6:00 p.m., whichever is appropriate. 3. During the summer school break, the parties shall share having custody of the Children on an alternating weekly basis, with the exchange to take place each Friday at 6:00 p.m. The noncustodial parent shall be entitled to have a weekday evening period of custody with the Children, with the specific times to be arranged by agreement. The summer schedule shall begin each year with the Mother receiving custody of the Children on the first Friday after the close of the school year. The school year schedule shall resume each year with the Father having custody of the Children at least one full week prior to the first day of school. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS/NEW YEARS: In every year, the Father shall have custody of the Children from Christmas Eve through Christmas Day at 12:00 noon and the Mother shall have custody from Christmas Day at 12:00 noon through New Years Day at 12:00 noon. The Father shall have a period of holiday custody during the week between Christmas and New Years with the specific times to be arranged by agreement. B. THANKSGIVING: In every year, the Father shall have custody of the Children on Thanksgiving day until 7:00 p.m. and the Mother shall have custody from Thanksgiving day at 7:00 p.m. through the following Sunday at 6:00 p.m. C. EASTER: In every year, the Mother shall have custody of the Children over the Easter weekend until Easter Sunday at 2:00 p.m. and the Father shall have custody beginning on Easter Sunday at 2:00 p.m. and continuing through the commencement of school. D. MEMORIAL DAY/LABOR DAY: The Mother shall have custody of the Children over the Memorial Day weekend every year and shall retain custody through Memorial Day at 6:00 p.m. The Father shall have custody of the Children over the Labor Day weekend through Monday every year. E. JULY 4th: In 2003, the Mother shall have custody of the Children on July 4th through 6:00 p.m., which is the regular exchange time for the alternating weekly schedule. The parties shall share or alternate having custody of the Children over the July 4th holiday in future years as arranged by agreement. F. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day, with the specific times to be arranged by agreement. G. CHILDREN'S BIRTHDAYS: The parties shall share having custody of the Children on their birthdays each year with the specific times to be arranged by agreement. H. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 5. Each party shall schedule his or her summer vacation during that party's regular alternating weeks of custody. In the event either party desires additional time for vacation, the parties shall cooperate in making arrangements to ensure that each party has equal periods of extended time with the Children. 6. The noncustodial parent shall be entitled to contact the Children by telephone one time each day at a mutually convenient time. The custodial parent shall be diligent and cooperative in ensuring that return calls are made to the noncustodial parent. 7. Unless otherwise agreed, the party receiving custody of the Children shall be responsible to provide transportation for the exchange, with the exception of the mid-week evening period of custody for which the party visiting the Children shall be responsible to provide all transportation. 8. Until the beginning of school next year, the parties shall e-mail each other every single day on a subject that involves their children. These e-mails are to be preserved and to be presented to the Court if this matter comes before us again. They are intended to encourage cooperation between the parties, and have them count their blessings regarding these wonderful children. The e-mail shall be initiated by the parent with whom the children has spent the night before. O\ ?,oa Fli " ?? 1?W.e J, i ?? ;? I..a,l 1,.4 ? ??? ,jdessica Diamondstone, Esquire For the Mother .Jeanne Costopoulos, Esquire For the Father :mae BRIAN K. LAFORM, Plaintiff vs. TERISUE LAFORM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2003, upon consideration of the attached Custody Conciliation Repo ordered and directed as follows: 1. The Father, Brian K. Laform, and the Mother, Terisue Laform shall have shared legal custody of Carissa Laform, born December 8, 1994, Allison Laform, born July 12, 1996, and Brian Laform, Jr, born September 8, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. During the school year, the Mother shall have physical custody of the Children every weekend (with the exception of the first full weekend each month) from Friday at 6:00 pm through Sunday at 6:00 pm and on one weekday evening per week, with the specific day and times to be arranged by agreement of the parties. The Mother shall exercise her periods of weekday custody in the East Pennsboro area where the Father resides. In the event the Children have a Friday or Monday holiday (or in service day) from school which is not otherwise addressed in this Order, immediately preceding or following the Mother's weekend period of custody, the Mother's weekend period of custody shall be expanded to include the one day off school. If the school holiday falls on a Friday the Mother's period of weekend custody shall begin on Thursday at 6:00 pm. If the school holiday is on Monday, the Mother's weekend period shall extend through Monday at 6:00 pm. The Father shall have custody of the Children at all times not otherwise specified for the Mother, including the first full weekend of every month. 3. During the summer school break, the parties shall share having custody of the Children on an alternating weekly basis, which the exchange to take place each Friday at 6:00 pm. The noncustodial parent shall be entitled to have a weekday evening period of custody with the Children, with the specific times to be arranged by agreement. The summer schedule shall begin each year with the Mother receiving custody of the Children on the first Friday after the close of the school year. The school year schedule shall resume each year with the Father having custody of the Children at least one full week prior to the first day of school. 4. Each party shall have an opportunity to view the other party's residence to ensure a safe environment for the Children. During the visit to each other's residences, only the parties shall be present and one supervising adult selected by agreement of the parties. The parties agree that the Father's counsel, Scott Stein, Esquire, shall be present for the Father's visit to the Mother's residence, which shall be scheduled if possible, prior to Friday, March 28. In the event arrangements cannot be made prior to March 28 the visit shall be scheduled prior to the first weekend in April and the Mother's first weekend period of custody shall begin on April 2. In that event, the Father's first weekend period of custody shall be postponed to the second weekend in April, 2003. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS/NEW YEARS : In every year, the Father shall have custody of the Children from Christmas Eve through Christmas Day at 12:00 noon and the Mother shall have custody from Christmas Day at 12:00 noon through New Years Day at 12:00 noon. The Father shall have a period of holiday custody during the week between Christmas and New Years with the specific times to be arranged by agreement. B. THANKGIVING: In every year, the Father shall have custody of the Children on Thanksgiving day until 7:00 pm and the Mother shall have custody from Thanksgiving day at 7:00 pm through the following Sunday at 6:00 pm. C. EASTER: In every year, the Mother shall have custody of the Children over the Easter weekend until Easter Sunday at 2:00 pm and the Father shall have custody beginning on Easter Sunday at 2:00 pm and continuing through the commencement of school. D. MEMORIAL DAY/ LABOR DAY: The Mother shall have custody of the Children over the Memorial Day weekend every year and shall retain custody through Memorial Day at 6:00 pm. The Father shall have custody of the Children over the Labor Day weekend through Monday every year. E. JULY 4`h: In 2003, the Mother shall have custody of the Children on July 4th through 6:00 pm, which is the regular exchange time for the alternating weekly schedule. The parties shall share or alternate having custody of the Children over the July 4`h holiday in future years as arranged by agreement. F. MOTHER'S DAY/ FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day, with the specific times to be arranged by agreement. G. CHILDREN'S BIRTHDAYS: The parties shall share having custody of the Children on their birthdays each year with the specific times to be arranged by agreement. H. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. Each party shall schedule his or her summer vacation during that party's regular alternating weeks of custody. In the event either party desires additional time for vacation, the parties shall cooperate in making arrangements to ensure that each party has equal periods of extended time with the Children. 7. The noncustodial parent shall be entitled to contact the Children by telephone one time each day at a mutually convenient time. The custodial parent shall be diligent and cooperative in ensuring that return calls are made to the noncustodial parent. 8. Unless otherwise agreed the party receiving custody of the Children shall be responsible to provide transportation for the exchange, with the exception of the mid-week evening period of custody for which the party visiting the Children shall be responsible to provide all transportation. 9. Exchanges of custody shall take place between the parents without the involvement of third parties unless otherwise agreed. The parties shall cooperate in ensuring that exchanges of custody take place in a civil and cooperative manner to protect the Children's interests and prevent exposure to conflict. 10. As soon as possible, the Mother shall obtain age appropriate car seats for each Child. 11. 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. B1 EDWARD E. GUIDO J. cc: Scott A. Stein Esquire - Counsel for Father Q? / o? - 60 Joan Carey, Esquire - Counsel for Mother 1 Cr? n n Vi'N%T,l),q `P'4d AlI'rrt' I-4fln^ 11 :9 EIV - dQ,d E;t J?kJd _, BRIAN K. LAFORM, Plaintiff VS. TERISUE LAFORM Defendant Prior Judge: EDWARD E. GUIDO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION LAW IN CUSTODY 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carissa Laform December 8, 1994 Father Allison Laform July 12, 1996 Father Brian K. Laform, Jr (Buddy) September 8. 1998 Father 2. A Conciliation Conference was held on March 26, 2003, with the following individuals in attendance: The Father, Brian K. Laform, with his counsel, Scott A. Stein, Esquire and the Mother, Terisue Laform, with her counsel, Joan Carey, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 1 /?1avL? c -L7, ?czz? ?CIJ? Date Dawn S. Sunday, Esquire Custody Conciliator KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamO-kopelaw.com BRIAN K. LAFORM, Plaintiff, vs. TERISUE LAFORM, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-796 CIVIL ACTION -LAW IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF Petitioner TeriSue Aswad (formerly Laform), by and through her attorney, Lesley J. Beam, Esquire of Kope & Associates, LLC, hereby petitions this Honorable Court to enter an Emergency Order granting Petitioner physical custody of the within-referenced children pending a custody conference and/or further order of court. Petitioner further petitions this court to limit Respondent's visitation only to supervised visitation until such time as Respondent demonstrates that he is willing to abide by Court Order. In support thereof, Petitioner avers as follows: 1. The Petitioner is TeriSue Aswad (formerly Laform), residing at 127 Wagner Avenue, East Berlin, Adams County, Pennsylvania 17316 (hereinafter "Petitioner' or "Mother"). Petitioner is the natural mother of the within-referenced children. 2. The Respondent is Brian K. Laform, residing at 106 Center Street, Apartment #1, Enola, Cumberland County, Pennsylvania 17025 (hereinafter "Respondent" or "Father'"). Respondent is the natural mother of the within-referenced children. 3. Petitioner has filed a Petition for Contempt and Modification, seeking primary physical and shared legal custody of the following children: Carissa J. Laform, born December 8, 1994 (currently 13 years old); Allison M. Laform, born July 12, 1996 (currently 11 years old); and Brian K. Laform, Jr., born September 8, 1998 (currently 9 years old) (hereinafter collectively the "children"). The children have currently been placed under the care of Respondent's cousin, Angela Toscano, who resides at 7 Brier Road, Camp Hill, Pennsylvania 17011. 4. The current custody order in effect regarding the children is dated April 5, 2004, and resulted after a hearing before the Honorable Edward E. Guido, Jr. See Order attached as Exhibit "A". 5. Said order provided that parties were to share custody of the children during the summer on a week-on, week-off basis. During the school year, Father was to have primary custody of the children, and Mother was to have custody of the children every other weekend from 6 p.m. on Friday until 6 p.m. on Sunday, and one overnight every other week. 6. Since the introduction of the court order in 2004, Father has routinely failed to comply with the order and provide mother with visitation. Father has never provided Mother with a single overnight during the week, despite her repeated inquiries to have the children in her custody. Father has also routinely prevented Mother from weekend visitation during the school year. As an example, in the last six months of school in 2008, Mother was to have approximately 12 weekend visits with the children. Mother only received visitation with one of the children, Carissa, and only on approximately 6 weekends. 7. Father has also failed to provide Mother with any summer visitation of the parties' two youngest children this summer. Mother has not seen her daughter Allison Laform in over 4 months; it has been substantially longer than that since Mother has seen her youngest child, Brian K. Laform, Jr. 8. Father has informed Mother that she should not even bother coming to get the children because he will not give them to her. Father has stated on multiple occasions: "I can do what I want to do and Judge Guido won't do anything just like before." Mother has received no assistance from the police in retrieving her children, despite repeated attempts. 9. It should be noted that Father evidenced a clear and flagrant unwillingness to comply with court-ordered visitation prior to the most recent order. Within the single year previous to the order of April 5, 2004, Mother was forced to file two petitions for modification and contempt as a result of Father's failure to provide the children to Mother, despite the existence of a Court Order mandating that he do so. 10. Of most importance, however, Father was recently evicted from his residence. Upon eviction, Father moved into his own father's home, and asked his cousin, Angela I. Toscano, to let the children live with her as his father's home was not large enough or suitable for the children to reside there. Ms. Toscano has since taken the children into her care, and filed for support from Petitioner, demonstrating the conspiracy and/or agreement between Ms. Toscano and Father for Ms. Toscano to be the children's custodian. A copy of the support complaint filed by Ms. Toscano is appended as Exhibit "B". 11. Mother never consented to the children being sent to live with Ms. Toscano, who has never been a legal custodian of the children, and who has legal standing to petition the court for custody of the children. Father has refused to let Mother care for the children, despite her natural and legal rights to her children. 12. Ms. Toscano will not relinquish the children to Mother; Ms. Toscano will not permit Mother to speak with her children, and, in fact, will not answer the phone when Mother calls. Father has taunted Mother that "she should just try" to get her children from Ms. Toscano. 13. Mother has contacted the police; however, the police are unwilling to enforce the custody Order. 14. Father and Ms. Toscano have slandered Mother repeatedly in the children's presence, and have taken numerous steps to convince the children that Mother does not want them. Mother has no effective ability to assure the children that this is not true when the children are not being made available to her. 15. Living with Ms. Toscano when their mother is willing and able to care for them is extremely detrimental in that it further usurps Mother's authority regarding her children, and reinforces the lie that Mother does not want them. 16. Ms. Toscano has no legal rights to the children, and Mother merits the right to have the children immediately returned to her custody, pending further order of court upon conference or hearing. 17. Petitioner is respectfully requesting that this Honorable Court enter an Emergency Order granting Petitioner physical custody of the children pending a custody conference and/or further order of court. Petitioner further requests that this Honorable Court limit Respondent's visitation to supervised visitation only until such time as Respondent demonstrates that he is willing to abide by Court Order. 18. The best interest and permanent welfare of the children will be served by the granting relief requested because: (a) Ms. Toscano has no natural and/or legal rights to custody of the children. The children need to understand that their mother, not their father's cousin, is their proper custodian and guardian; (b) Petitioner is able to provide a stable home and stable emotional environment for the children; (c) Petitioner has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so; and (d) Respondent is not equipped to care for the children himself, as demonstrated by his own decision to move the children into his cousin's home. WHEREFORE, Petitioner requests that this Honorable Court enter an Order: (1) granting Petitioner physical custody of the within-referenced children pending a custody conference and/or further order of court; and (Z) limit Respondent's visitation only to supervised visitation until such time as Respondent demonstrates that he is willing to abide by Court Order. Respectfully Submitted, KOPE & ASSOCIATES, LLC By: sley J. 66a o, Esq. Dated: /0 c 4 ? -BRIAN K. LAFORM, . Plaintiff V. TERISUE LAFORM, - Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION - LAW IN CUSTODY IN RE: CUSTODY/VISITATION ORDER OF COURT AND NOW, this 5th day of April, 2004, after hearing, all prior custody orders are vacated and replaced with the following: 1. The Father, Brian K. Laform, and the Mother, Terisue Laform, shall have shared legal custody of Carissa Laform, born December 8, 1994, Allison Laform, born July 12, 1996, and Brian Laform, Jr., born September 8, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general wellbeing including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Father shall have primary physical custody of the children subject to periods of partial custody in the Mother as follows: A. Every weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday until the end of this school year. B. Beginning next school year: (i) Every other weekend to correspond w her days off from work. t • (ii) One overnight per week on alternating weeks to correspond with her day off work. Said visitation shall be from after school until the beginning of school the next day. C. In the event that the children have a Friday or a Monday holiday from school which is not otherwise addressed in this order, immediately preceding or following the mother's weekend period of custody, the Mother's weekend period of custody shall be expanded to include the one day off school. In said case, the Mother's weekend custody shall begin on Thursday at 6:00 p.m. or end on Monday at 6:00 p.m., whichever is appropriate. 3. During the summer school break, the parties shall share having custody of the Children on an alternating weekly basis, with the exchange to take place each Friday at 6:00 p.m. The noncustodial parent shall be entitled to have a weekday evening period of custody with the Children, with the specific times to be arranged by agreement. The summer schedule shall begin each year with the Mother receiving custody of the Children on the first Friday after the close of the school year. The school year schedule shall resume each year with the Father having custody of the Children at least one full week prior to the first day of school. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS/NEW YEARS: In every year, the Father shall have custody of the Children from Christmas Eve through Christmas Day at 12:00 noon and the Mother shall have custody from Christmas Day at 12:00 noon through New Years Day at 12:00 noon. The Father shall have a period of holiday custody during the week between Christmas and New Years with the specific times to be arranged by agreement. B. THANKSGIVING: In every year, the Father shall have custody of the Children on Thanksgiving day until 7:00 p.m. and the Mother shall have custody from Thanksgiving day at 7:00 p.m. through the following Sunday at 6:00 p.m. C. EASTER: In every year, the Mother shall have custody of the Children over the Easter weekend until Easter Sunday at 2:00 p.m. and the Father shall have custody beginning on Easter Sunday at 2:00 p.m. and continuing through the commencement of school. D. MEMORIAL DAY/LABOR DAY: The Mother shall have custody of the Children over the Memorial Day weekend every year and shall retain custody through Memorial Day at 6:00 p.m. The Father shall have custody of the Children over the Labor Day weekend through Monday every year. E. JULY 4th: In 2003, the Mother shall have custody of the Children on July 4th through 6:00 p.m., which is the regular exchange time for the alternating weekly schedule. The parties shall share or alternate having custody of the Children over the July 4th holiday in future years as arranged by agreement. F. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day, with the specific times to be arranged by agreement. G. CHILDREN'S BIRTHDAYS: The parties shall share having custody of the Children on their birthdays each year with the specific times to be arranged by agreement. H. The holiday custody schedule shall supercede } . and take precedence over the regular custody schedule. 5. Each party shall schedule his or her summer vacation during that party's regular alternating weeks of custody. In the event either party desires additional time for vacation, the parties shall cooperate in making arrangements to ensure that each party has equal periods of extended time with the Children. 6. The noncustodial parent shall be entitled to contact the Children by telephone one time each day at a mutually convenient time. The custodial parent shall be diligent and cooperative in ensuring that return calls are made to the noncustodial parent. 7. Unless otherwise agreed, the party receiving custody of the Children shall be responsible to provide transportation for the exchange, with the exception of the mid-week evening period of custody for which the party visiting the Children shall be responsible to provide all transportation. 8. Until the beginning of school next year, the parties shall e-mail each other every single day on a subject that involves their children. These e-mails are to be preserved and to be presented to the Court if this matter comes before us again. They are intended to encourage cooperation between the parties, and have them count their blessings regarding these wonderful children. The e-mail shall be initiated by the parent with whom the children has spent the night before. ?.oa i S£ -04 day UOZ r • Jessica Diamonds•tone, Esquire For the Mother ,.Deanne costopoulos, Esquire For the Father :mae Y r ??E G?d?s In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ANGELA I. TOSCANO ) Docket Number 0 0 5 0 9 S 2008 Plaintiff > VS. ) PACSES Case Number 183110114 TERI SUE ASWAD ) Defendant ) Other State ID Number Complaint for Support New Complaint Q Amended Complaint 1. Plaintiff resides at 7 BRIER RD, CAMP HILL, PA. 17011-2511-07 CUMBERLAND County. Plaintiff's date of birth is 10/08/72 2. Defendant resides at 127 WAGNER ST, EAST BERLIN, PA. 17316 ADAMS County. Defendant's date of birth is 07/05/76 r7 T o 3. (a) Plaintiff and Defendant were married on R; 3 at f :L:40 ° (b) Plaintiff and Defendant were separated on z ? '- (c) Plaintiff and Defendant were divorced on at (d) Address of last marital domicile: w w 4. Plaintiff and Defendant are the parents of or stand in loco parentis to the following children: Name CARISSA JO LAFORM Residence: Born of the Marriage Y=Yes, N=No N Birth Date Age 12/08/94 13 07/12/96 11 N ALLISON MAE LAFORM Residence: Service Type M wof TOSCANO V. ASWAD PACSES Case Number: 183110114 BRIAN KEITH LAFORM JR 09/08/98 9 N Residence: Residence: Residence: Residence: 5. Plaintiff seeks support for the following persons: CARISSA LAFORM ALLISON LAFORM BRIAN LAFORM 6. (a) Plaintiff 0 is (j) is not receiving public assistance in the amount of $. o o per month for the support of. (b) Plaintiff is receiving additional income in the amount of $ . o o from: 7. A previous support order was entered against the Defendant on in an action at in the amount of $ .00 for the support of: Page 2 of 3 Form IN-005 Service Type M Worker ID 21504 TOSCANO V. ASWAD PACSES Case Number: 183110114 There 0 are 0 are no arrears in the amount of $ o. o o The order 0 has 0 has not been terminated. 8. Plaintiff last received support from the Defendant in the amount of $ o. o0 on V;MREFORE, Plaintiff requests that an order be entered against Defendant and in favor of the Plaintiff and the aforementioned child(ren) for reasonable support and medical coverage. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. P aintiff Date c9?j?/Q NOTICE Guidelines for child and spousal support, and for alimony pendente lite, have been prepared by the Court of Common Pleas and are available for inspection in the Office of the Domestic Relations Section: 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 Page 3 of 3 Form IN-005 Service Type M Worker ID 21504 VERIFICATION I, Teri Aswad (formerly Laform), verify that the statements made in this Emergency Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: `D Teri Aswad (formerly Laform), Petitioner CERTIFICATE OF SERVICE 1, Lesley J. Beam, Esquire, do hereby certify that on this 30th day of June, 2008, I served a true and correct copy of the foregoing Emergency Petition for Special Relief via regular U.S. First Class mail, postage prepaid, addressed as follows: Brian K. LaForm 106 Center Street, Apt. 1 Enola, PA 17025 KOPE kASSOCIATES, LLC Lesley Bdam, Esq. I. D. 91r175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Petitioner) 9? ? KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbeamO-koaelaw.com BRIAN K. LAFORM, Plaintiff, vs. TERISUE LAFORM, Defendant. Attorney for Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-796 : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR CONTEMPT AND MODIFICATION Petitioner TeriSue Aswad (formerly Laform), by and through her attorney, Lesley J. Beam, Esquire of Kope & Associates, LLC, hereby petitions this Honorable Court to enter an Order of Contempt against Respondent, Brian K. Laform, because of his violation of this Court's Custody Order requiring him to provide the children to Petitioner for her periods of partial custody. Petitioner further petitions this Honorable Court to enter a Court Order granting Petitioner primary physical custody the children, and limiting Respondent's rights of custody to supervised visitation, at least until such time as Respondent demonstrates that he will return the children to Petitioner's custody. In support thereof, Petitioner avers as follows: 1. The Petitioner is TeriSue Aswad (formerly Laform), residing at 127 Wagner Avenue, East Berlin, Adams County, Pennsylvania 17316 (hereinafter "Petitioner" or "Mother"). 1 of 10 2. The Respondent is Brian K. Laform, residing at 106 Center Street, Apartment #1, Enola, Cumberland County, Pennsylvania 17025 (hereinafter "Respondent" or "Father"). 3. A current custody order is in effect regarding the custody of the following children: Carissa J. Laform, born December 8, 1994 (currently 13 years old); Allison M. Laform, born July 12, 1996 (currently 11 years old); and Brian K. Laform, Jr., born September 8, 1998 (currently 9 years old). Said order was dated April 5, 2004, and resulted after a hearing before the Honorable Edward E. Guido, Jr. See Order attached as Exhibit "A". 4. The current order provides that the parties, who are the natural parents of said child, share legal custody of the children. The current order provides Father with primary custody of the children, and provided Mother with partial physical custody in the following manner: (a) During the school year, Mother was to have custody of the children (i) every other weekend from 6 p.m. on Friday until 6 p.m. on Sunday, and (ii) one overnight every other week; and (b) During the summer, Mother was to share custody of the children on a weekly alternating basis. 5. Since the introduction of the court order in 2004, Father has routinely failed to comply with the order and provide mother with visitation. Father's failure to comply has been so egregious such that Mother has been denied custody of at least two of the children for months at a time. 2of10 6. During the school year, per the current Court Order, Mother was to receive every other weekend and one overnight every other week. Father has never provided Mother with a single overnight during the week, despite her repeated inquiries to have the children in her custody. 7. Father has also routinely prevented Mother from weekend visitation during the school year. As an example, in the last six months of school in 2008, Mother was to have approximately 12 weekend visits with the children. Mother only received visitation with one of the children, Carissa, and only on approximately 6 weekends. 8. Father has not provided Mother with any summer visitation of the parties' two youngest children, despite the current Court Order which provides Mother with custody of the children every other week Mother has not seen Allison Laform in over 4 months; it has been substantially longer than that since Mother has seen her youngest child, Brian K. Laform, Jr. 9. Father has informed Mother that she should not even bother coming to get the children because he will not give them to her. Father has stated on multiple occasions: " I can do what I want to do and Judge Guido won't do anything just like before." Father has also informed Mother that he will not make the children go to her house if they want to do something else during that time period. 10. Mother has called the police to ask them to assist her in retrieving the children. Mother has shown the police the current custody Order at said times. The police have refused on all occasions, despite the existence of the Court Order 3of10 mandating that Mother have custody of the children. On these occasions, Mother was informed it was a civil matter and that the police could not and/or would not interfere. 11. Father has evidenced a clear and flagrant unwillingness to comply with court-ordered visitation in the past. Mother has filed two prior petitions for modification and contempt as a result of Father's failure to provide the children to Mother, despite the existence of a Court Order mandating that he do so. 12. The parties' initial custody Order was rendered on April 1, 2003, with a similar custodial schedule to the schedule that is currently mandated by the Court. After Father failed to provide Mother with her visitation per the agreed-upon Order, Mother was forced to file her first petition for modification and contempt. An Order was entered on September 2, 2003, again upon agreement of the parties at conciliation, providing Mother with make-up periods of custody. See paragraph 5 of the attached Order of court dated September 2, 2003, stating the "parties acknowledge that the additional periods of custody provided for the Mother in this Order constitute make-up periods for extended custodial periods denied to the Mother from May through August 2003 in violation of the April 1, 2003 Order." Said Order is attached as Exhibit "B". 13. Father then refused to provide custody of the children to Mother again as mandated in this Order; as such, Mother was forced to file another petition for modification and contempt on December 3, 2008. At the conciliation conference on December 18, 2003, Father admitted that he had not relinquished the children to Mother's custody since November 14, 2008. Mother had been specifically denied her extended Thanksgiving custodial time with the children. See the attached Custody 4 of 10 Conciliation Summary Report, attached as Exhibit "C", paragraph 4, where it is indicated that this fact was not in dispute. 14. After the hearing and resultant Order on April 5, 2004, Father has consistently disregarded the Order and withheld the children from Mother on an ongoing basis, in a manner so repugnant as to warrant his custodial rights to be suspended by the Court. 15. As Mother was unable to effect change to Father's behavior after two different petitions for contempttpetitions to modify, Mother has felt essentially stalemated by the judicial system. Father has flaunted the fact that nothing has happened to him in the past as ongoing justification for willful disobedience of a court order, and disregard for Mother's rights of custody to her own children. Mother has been unable to exercise her visitation, and has not received assistance from local authorities to effectuate the Court Order. Because Mother's prior petitions have not warranted a change, Mother has been unwilling to file another petition that would not amount to a change in the situation. Mother files the within Petition as the children have been placed by Father with his cousin to live with her, despite Mother's objections to this placement, and Mother's natural rights to the children. 16. Additionally, Father has lied to the children on a number of occasions, impugning Mother's character and morality. As an example of such, Father has informed the children that Mother had engaged in adulterous conduct during her current marriage, despite the fact that no such conduct ever took place or was implied to have taken place. The children have begun to believe these lies, to the effect of deteriorating 5of10 the relationship between the children and Mother. In fact, the children have had no alternative to believing Father's assertions, as Father has so severely restricted the children from contact with Mother. 17. Father has withheld the children from school during the last year. Father has inappropriately disciplined the children. 18. Father was found guilty of harassment, after he called and text-messaged Mother 54 times on December 27, 2008, cursing Mother, calling her names and leaving filthy and threatening messages. Father harassed Mother's husband similarly in April of this year, resulting in a warning from the police. 19. Father consistently fails to make the children available to Mother by phone. Father has indicated to Mother that she should not call. 20. Father has currently been evicted from his home, and has taken up residency with his father, the children's paternal grandfather. As a result of the lack of living space at this residence, Father has placed the children with his cousin, Angela Toscano, without the consent of Mother. 21. Even now, as the children are staying with Angela Toscano, Ms. Toscano is withholding custody of the children from Mother. Mother has, again, requested that the police return her children to her custody. The police have, again, refused to enforce the Court Order. 22. Ms. Toscano has evidenced her intent for the children to reside with her for a lengthy period by filing a complaint for support against Mother in the Cumberland 6of10 County Domestic Relations. This filing is despite the fact that Ms. Toscano has no legal rights to usurp custody of the children and withhold them from Mother. 23. Ms. Toscano has never been included in any custody proceeding in the past, nor has she filed any complaint and/or petition to have the children in her care. 24. Angela Toscano has also repeatedly inundated the children with lies concerning their mother, in collusion with the lies told by Father. Ms. Toscano has falsely reported both Mother and her husband to Children and Youth Services for alleged sexual molestation of one of the children, namely the parties' daughter who maintained the closest relationship with Mother. These allegations were found to be unfounded, but have unnecessarily and maliciously disrupted Mother's relationship with the children. 25. Mother has been able to secure custody of the parties' eldest child from Ms. Toscano, but has not been able to secure custody of the parties' other children. 26. Mother is respectfully requesting that this Honorable Court issue an Order granting Mother shared legal custody and primary physical custody of the children with only supervised visitation by Father. It is Mother's belief that any custodial visitation by Father without supervision will result in Father once again withholding the children from Mother, with complete disregard for the Court's authority. 27. Mother is also requesting that this Honorable Court find Father in contempt of the Court Order, and penalize him accordingly. 28. The best interest and permanent welfare of the children will be served by the granting relief requested because: 7of10 (a) Prior to Father receiving primary custody of the children, Mother had been a constant presence in the children's lives. Mother had maintained loving relationships with all three children. (b) Since Father has been given primary custody of the children, Father has essentially prevented Mother from enjoying significant visitation, if any, with the children. (c) Father does not currently have custody of the children; to the contrary, he has sent the children to live with his cousin, Angela Toscano, in direct opposition to Mother's natural custodial rights. (d) Father and Angela Toscano have slandered Mother in the children's presence, lying to the children consistently regarding Mother's character and moral fiber. Living in such an environment, the children will be unable to maintain any positive view of their Mother. Mother would not maintain the same atmosphere for the children. (e) It is essential, if the children are to have healthy relationships with their parents, for the children to live with their Mother and rebuild their relationships with their Mother. (f) Father does not have the facilities currently to provide the children with a good home; to the contrary, Father was evicted from the home in which the children were residing for failure to pay his rent. (g) Mother is able to provide a stable home and stable emotional environment for the children; and 8of10 (h) Mother has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so. WHEREFORE, Petitioner requests that this Honorable Court grant Mother shared legal custody, and primary physical custody of the children, with supervised visitation by Father. WHEREFORE, Petitioner also requests that this Honorable Court find Father in contempt of the Court Order, and cause him to be held accountable for such. Respectfully Submitted, KOPE & ASSOCIATES, LLC Dated: 7f13 a o g' 9of10 -BRIAN K. LAFORM, Plaintiff V. TERISUE LAFORM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION - LAW IN CUSTODY IN RE: CUSTODY/VISITATION ORDER OF COURT AND NOW, this 5th day of April, 2009, after hearing, all prior custody orders are vacated and replaced with the following: 1. The Father, Brian K. Laform, and the Mother, Terisue Laform, shall have shared legal custody of Carissa Laform, born December 8, 1994, Allison Laform, born July 12, 1996, and Brian Laform, Jr., born September 8, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general wellbeing including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Father shall have primary physical custody of the children subject to periods of partial custody in the Mother as follows: A. Every weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday until the end of this school year. s B. Beginning next school year: (i) Every other weekend to correspond with her days off from work. (ii) One overnight per week on alternating weeks to correspond with her day off work. Said visitation shall be from after school until the beginning of school the next day. C. In the event that the children have a Friday or a Monday holiday from school which is not otherwise addressed in this order, immediately preceding or following the mother's weekend period of custody, the Mother's weekend period of custody shall be expanded to include the one day off school. In said case, the Mother's weekend custody shall begin on Thursday at 6:00 p.m. or end on Monday at 6:00 p.m., whichever is appropriate. 3. During the summer school break, the parties shall share having custody of the Children on an alternating weekly basis, with the exchange to take place each Friday at 6:00 p.m. The noncustodial parent shall be entitled to have a weekday evening period of custody with the Children, with the specific times to be arranged by agreement. The summer schedule shall begin each year with the Mother receiving custody of the Children on the first Friday after the close of the school year. The school year schedule shall resume each year with the Father having custody of the Children at least one full week prior to the first day of school. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS/NEW YEARS: In every year, the Father shall have custody of the Children from Christmas Eve through Christmas Day at 12:00 noon and the Mother shall have custody from Christmas Day at 12:00 noon through New Years Day at 12:00 noon. The Father shall have a period of holiday custody during the week between. Christmas and New Years with the specific times to be arranged by agreement. B. THANKSGIVING: In every year, the Father shall have custody of the Children on Thanksgiving day until 7:00 p.m. and the Mother shall have custody from Thanksgiving day at 7:00 p.m. through the following Sunday at 6:00 p.m. C. EASTER: In every year, the Mother shall have custody of the Children over the Easter weekend until Easter Sunday at 2:00 p.m. and the Father shall have custody beginning on Easter Sunday at 2:00 p.m. and continuing through the commencement of school. D. MEMORIAL DAY/LABOR DAY: The Mother shall have custody of the Children over the Memorial Day weekend every year and shall retain custody through Memorial Day at 6:00 p.m. The Father shall have custody of the Children over the Labor Day weekend through Monday every year. E. JULY 4th: In 2003, the Mother shall have custody of the Children on July 4th through 6:00 p.m., which is the regular exchange time for the alternating weekly schedule. The parties shall share or alternate having custody of the Children over the July 4th holiday in future years as arranged by agreement. F. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day, with the specific times to be arranged by agreement. G. CHILDREN'S BIRTHDAYS:. The parties shall share having custody of the Children on their birthdays each year with the specific times to be arranged by agreement. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall schedule his or her summer vacation during that party's regular alternating weeks of custody. In the event either party desires additional time for vacation, the parties shall cooperate in making arrangements to ensure that each party has equal periods of extended time with the Children. 6. The noncustodial parent shall be entitled to contact the Children by telephone one time each day at a mutually convenient time. The custodial parent shall be diligent and cooperative in ensuring that return calls are made to the noncustodial parent. 7. Unless otherwise agreed, the party receiving custody of the Children shall be responsible to provide transportation for the exchange, with the exception of the mid-week evening period of custody for which the party visiting the Children shall be responsible to provide all transportation. 8. Until the beginning of school next year, the parties shall e-mail each other every single day on a subject that involves their children. These e-mails are to be preserved and to be presented to the Court if this matter comes before us again. They are intended to encourage cooperation between the parties, and have them count their blessings regarding these wonderful children. The e-mail shall be initiated by the parent with whom the children has spent the night before. Atli V? ?^ ?. •'^ .. .. ...rlfi.l{,V S£ :01 G;v S t X; U5Z ,Jessica Diamonds•tone, Esquire For the Mother -deanne Costopoulos, Esquire For the Father :mae BRIAN K. LAFORM, Plaintiff VS. TERISUE LAFORM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT P04 - AND NOW, this day of ? , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 1, 2003 shall continue in effect as modified by this Order. 2. The Mother shall have partial physical custody of the Children from August 19, 2003 through Monday, August 25, 2003 at 2:00 pm. Thereafter, the Mother shall have custody of the Children every weekend from Friday at 6:00 pm through Sunday at 6:00 pm through the end of April, 2004. Beginning in May 2004, the partial custody schedule set forth in the April 1, 2003 Order shall resume. In the event the Children have off school on a Friday or Monday through the end of April 2004, the Mother's weekend period of custody shall extend to include the day off from school. If the Children are off school on Friday, the Mother's weekend period of custody shall begin on Thursday at 6:00 pm. If the Children are off school on Monday, the Mother's weekend period of custody shall extend through Monday at 6:00 pm. 3. The Mother shall have custody of the Children over the Labor Day weekend in 2003 from Friday at 6:00 pm through Monday at 6:00 pm. 4. In 2003, the holiday custody schedule shall be modified so that the Mother has custody of the Children for the entire Thanksgiving school break from the Wednesday before Thanksgiving at 6:00 pm through Monday at 6:00 pm. In addition, the Mother's period of Christmas holiday custody shall run from Christmas day at 12:00 noon through 6:00 pm on the day before school resumes after the holiday school break. 5. The parties acknowledge that the additional periods of custody provided for the Mother in this Order constitute make-up periods for extended custodial periods denied to the Mother from May through August 2003 in violation of the April 1, 2003 Order. 6. When the Father is picking up the Children, the exchange of custody shall take place at the Choice cigarette outlet in Abbottstown square. 7. In the event either party no longer has appropriate housing for the Children during his or her periods of custody, the other party shall be entitled to provide care for the Children until appropriate accommodations are re-established. 8. Each party shall ensure that the Children attend scheduled counseling sessions during his or her periods of custody. 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 OURT, Edward E. Guido J. cc7an A. Stein Esquire - Counsel for Father Carey, Esquire - Counsel for Mother 6q-o3"C3 VINVAI Wd AlNnol-) ormir- 4p,}1410 hG :6 s d 3 S CCl :]J??11" ??„ i , BRIAN K. LAFORM, Plaintiff VS. TERISUE LAFORM Defendant Prior Judge: EDWARD E. GUIDO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WTTH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY F Carissa Laform December 8,1994 Father Allison Laform July 12, 1996 Father Brian K. Laform, Jr (Buddy) September 8, 1998 Father 2. A Conciliation Conference was held on August 19, 2003, with the following individuals in attendance: The Father, Brian K. Laform, with his counsel, Scott A. Stein, Esquire and the Mother, Tensue Laform, with her counsel, Joan Carey, Esquire . This custody matter was referred to the conciliation process by the Court after consideration of the Mother's Petition for Special Relief, Contempt and Modification. All issues, including contempt, were resolved by agreement at the conference. 3. The parties agreed to entry of an Order in the form as attached ZmaL JoRa - 6?1-. Date Dawn S. Sunday, Esquire Custody Conciliator .? BRIAN K LAFORM, Plaintiff VS. TERISUE LAFORM Defendant Prior Judge: EDWARD E. GUM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION LAW IN CUSTODY 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carissa LaForm December 8, 1994 Father / Mother Allison LaFonm July 12,1996 Father / Mother Brian K. LaFonm, Jr (Buddy) September 8, 1998 Father / Mother 2. A Conciliation Conference was held on December 18, 2003, with the following individuals in attendance: The Father, Brian K. LaFornr, who is not represented by counsel and the Mother, Tensue LaForm, with her counsel, Jessica. Diamondstone, Esquire. 3. The Father Sled a Petition for Modification requesting that the Mother be required to attend parenting classes and that her periods of custody be supervised. The Mother subsequently filed a Petition for Contempt and Modification seeking primary physical custody of the Children and requesting that the Court hold the Father in contempt for failing to comply with the existing Order. The current Order, dated September 2, 2003 (continuing the prior Order dated April 1, 2003) provides for the parties to share having physical custody of the Children during the summer and during the school year, for the Mother to have custody on weekends and the Father to have custody during the week. The September 2, 2003 Order provided for substantial make-up periods of custody for the Mother for custodial periods denied by the Father from May through August 2003. The September 2, 2003 Order was the result of an agreement between the parties at the custody conciliation conference on the Mother's prior Petition for Contempt. 4. Although the parties were able to discuss the custody issues in a fairly civil manner, their differing perspectives on the factual issues raised by each make it extremely difficult to identify and address the issues without taking testimony. Although the parties disagree on almost all of the facts contained in their respective petitions, the fact that the Mother has not been permitted to exercise her periods of custody since November 10 is not in dispute and, regardless of which party is determined to be credible on the facts underlying the custody dispute, it is apparent that the focus of the controversy is the involvement of the Mother's fianc6, Jeremy. 5. As the parties were unable to reach an agreement as to all outstanding custody issues at the conference, it will be necessary to schedule a hearing on both parties' requests for modification and the mother's request that the Father be held in contempt. 6. The Father's position on custody is as follows: The Father stated that he has not permitted the Children to go to the Mother's residence on weekends since mid-November because he believes that the Children are exposed to serious risks at the Mother's residence. The Father alleged that the Mother's fianc6 hits the Children and inappropriately disciplines them in other ways as well. The Father also alleges that there is serious conflict, (involving police intervention) between the Mother's boyfriend and his family at the family's residence where the Mother and Children reside. The Father made several allegations concerning the Mother's failure to provide appropriate care and supervision of the Children. The Father believes that the Mother's periods of custody should be supervised to ensure the Children's safety and that the Mother should attend parenting classes. 7. The Mother's position on custody is as follows: The Mother believes that the Father should be held in contempt for refusing to permit her to have custody of the Children since mid-November, and causing her to miss her extended period of Thanksgiving custody (previously ordered as a make. up for custodial periods previously denied by the Father). The Mother believes that the Father's complaints with regard to custody are motivated by her impending marriage on December 26. The Mother alleged that the Father interferes with her ability to speak with the Children by telephone privately and for reasonable periods of time. The Mother believes that the Father is not adequately caring for the Children's needs. The Mother requested that the Father be held in contempt for continuing to deny her Court Ordered periods of custody with the Children and also requested that the Order be modified to grant her primary physical custody of the Children. 8. The Conciliator recommends an Order in the form as attached scheduling a hearing on both parties' Petitions for Modification and the Mother's Petition for Contempt. Pending the hearing, the parties agreed to certain restrictions concerning the Children's contact with Jeremy, on the basis of which the Father agreed to resume the Mother's weekend periods of custody and the upcoming holiday custody arrangement. The mother requested that the hearing be expedited to ensure her ongoing and uninterrupted contact with the Children. It is expected that the hearing will require at least one-half day. The Father indicated that he planned to obtain counsel for the hearing. atcr.y? f 9-f ?--? Date Dawn S. Sunday, Esquire Custody Conciliator VERIFICATION I, TeriSue Aswad, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unswom falsification to authorities. Dated: a,eriSue Aswad 10 of 10 CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, do hereby certify that on this 30th day of June, 2008, I served a true and correct copy of the foregoing Petition for Contempt and Modifiction via regular U.S. First Class mail, postage prepaid, addressed as follows: Brian K. LaForm 106 Center Street, Apt. 1 Enola, PA 17025 KOPE & ASSOCIATES, LLC Lesie tseam, tsq. I.D. 9 175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Petitioner) f? ? w O ro ? ? TI O 3 0 AMR BRIAN K. LAFORM, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-796 TERISUE LAFORM, CIVIL ACTION -LAW Defendant. IN CUSTODY ORDER AND NOW, this day of , 2008, in consideration of the foregoing Emergency Petition for Special Relief filed by TeriSue Aswad (formerly Laform), it 2 is hereby ORDERED and DIRECTED thatXL-1 3 ov%'o 3j ONO 40 9w 70 Ic M. 4: 1. _ en itioner nerem, pentring _ ust ody endin - r by this Court. BY T: J. Distribution: Lesley J. Beam, Esq.- 4660 Trindle Road, Suite 201, Camp Hill, PA Brian K. Lafor?rt 10 Center Street, Apt. 1, Enola, PA 17025 1 N J. ji? 17011- PCCS r+a-A j (-ar?d e d 1/?', KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com BRIAN K. LAFORM, Plaintiff, vs. TERISUE LAFORM, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-796 : CIVIL ACTION - LAW : IN CUSTODY AMENDED EMERGENCY PETITION FOR SPECIAL RELIEF Petitioner TeriSue Aswad (formerly Laform), by and through her attorney, Lesley J. Beam, Esquire of Kope & Associates, LLC, hereby files the following Amended Emergency Petition for Special Relief, petitioning this Honorable Court to enter an Emergency Order granting Petitioner physical custody of the within-referenced children pending a custody conference and/or further order of court. Petitioner further petitions this court to limit Respondent's visitation only to supervised visitation until such time as Respondent demonstrates that he is willing to abide by Court Order. In support thereof, Petitioner avers as follows: 1. The Petitioner is TeriSue Aswad (formerly Laform), residing at 127 Wagner Avenue, East Berlin, Adams County, Pennsylvania 17316 (hereinafter "Petitioner" or "Mother"). Petitioner is the natural mother of the within-referenced children. 2. The Respondent is Brian K. Laform, residing at 106 Center Street, Apartment #1, Enola, Cumberland County, Pennsylvania 17025 (hereinafter "Respondent" or "Father"). Respondent is the natural mother of the within-referenced children. 3. Petitioner has filed a Petition for Contempt and Modification, seeking primary physical and shared legal custody of the following children: Carissa J. Laform, born December 8, 1994 (currently 13 years old); Allison M. Laform, born July 12, 1996 (currently 11 years old); and Brian K. Laform, Jr., bom September 8, 1998 (currently 9 years old) (hereinafter collectively the "children"). The children have currently been placed under the care of Respondent's cousin, Angela Toscano, who resides at 7 Brier Road, Camp Hill, Pennsylvania 17011. A copy of the Petition for Contempt and Modification is attached as Exhibit "C" 4. The current custody order in effect regarding the children is dated April 5, 2004, and resulted after a hearing before the Honorable Edward E. Guido, Jr. See Order attached as Exhibit "A". 5. Said order provided that parties were to share custody of the children during the summer on a week-on, week-off basis. During the school year, Father was to have primary custody of the children, and Mother was to have custody of the children every other weekend from 6 p.m. on Friday until 6 p.m. on Sunday, and one overnight every other week. 6. Since the introduction of the court order in 2004, Father has routinely failed to comply with the order and provide mother with visitation. Father has never provided Mother with a single overnight during the week, despite her repeated inquiries to have the children in her custody. Father has also routinely prevented Mother from weekend visitation during the school year. As an example, in the last six months of school in 2008, Mother was to have approximately 12 weekend visits with the children. Mother only received visitation with one of the children, Carissa, and only on approximately 6 weekends. 7. Father has also failed to provide Mother with any summer visitation of the parties' two youngest children this summer. Mother has not seen her daughter Allison Laform in over 4 months; it has been substantially longer than that since Mother has seen her youngest child, Brian K. Laform, Jr. 8. Father has informed Mother that she should not even bother coming to get the children because he will not give them to her. Father has stated on multiple occasions: "I can do what I want to do and Judge Guido won't do anything just like before." Mother has received no assistance from the police in retrieving her children, despite repeated attempts. 9. It should be noted that Father evidenced a clear and flagrant unwillingness to comply with court-ordered visitation prior to the most recent order. Within the single year previous to the order of April 5, 2004, Mother was forced to file two petitions for modification and contempt as a result of Father's failure to provide the children to Mother, despite the existence of a Court Order mandating that he do so. 10. Of most importance, however, Father was recently evicted from his residence. Upon eviction, Father moved into his own father's home, and asked his cousin, Angela I. Toscano, to let the children live with her as his fathers home was not large enough or suitable for the children to reside there. Ms. Toscano has since taken the children into her care, and filed for support from Petitioner, demonstrating the conspiracy and/or agreement between Ms. Toscano and Father for Ms. Toscano to be the children's custodian. A copy of the support complaint filed by Ms. Toscano is appended as Exhibit "B". 11. Mother never consented to the children being sent to live with Ms. Toscano, who has never been a legal custodian of the children, and who has no legal standing to petition the court for custody of the children. Father has refused to let Mother care for the children, despite her natural and legal rights to her children. 12. Ms. Toscano will not relinquish the children to Mother; Ms. Toscano will not permit Mother to speak with her children, and, in fact, will not answer the phone when Mother calls. Father has taunted Mother that "she should just try" to get her children from Ms. Toscano. 13. Mother has contacted the police; however, the police are unwilling to enforce the custody Order. 14. Father and Ms. Toscano have slandered Mother repeatedly in the children's presence, and have taken numerous steps to convince the children that Mother does not want them. Mother has no effective ability to assure the children that this is not true when the children are not being made available to her. 15. Living with Ms. Toscano when their mother is willing and able to care for them is extremely detrimental in that it further usurps Mother's authority regarding her children, and reinforces the lie that Mother does not want them. 16. Ms. Toscano has no legal rights to the children, and Mother merits the right to have the children immediately returned to her custody, pending further order of court upon conference or hearing. 17. Petitioner is respectfully requesting that this Honorable Court enter an Emergency Order granting Petitioner physical custody of the children pending a custody conference and/or further order of court. Petitioner further requests that this Honorable Court limit Respondent's visitation to supervised visitation only until such time as Respondent demonstrates that he is willing to abide by Court Order. 18. The best interest and permanent welfare of the children will be served by the granting relief requested because: (a) Ms. Toscano has no natural and/or legal rights to custody of the children. The children need to understand that their mother, not their father's cousin, is their proper custodian and guardian; (b) Petitioner is able to provide a stable home and stable emotional environment for the children; (c) Petitioner has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so; and (d) Respondent is not equipped to care for the children himself, as demonstrated by his own decision to move the children into his cousin's home. 19. It should be noted that an Order has already been set by the Court on this Emergency Petition, setting hearing in this matter for Thursday, July 3, 2008 at 9:30 am in Courtroom #3. This Amended Petition is being filed to simply correct a misstatement in Paragraph 11, and to attach the filed Petition for Modification and Contempt as Exhibit "C". WHEREFORE, Petitioner requests that this Honorable Court enter an Order: (1) granting Petitioner physical custody of the within-referenced children pending a custody conference and/or further order of court; and (2) limiting Respondent's visitation only to supervised visitation until such time as Respondent demonstrates that he is willing to abide by Court Order. Respectfully Submitted, KOPE & ASSOCIATES. LLC By: Ur Lesley a ,Esq. Dated: ('p l30 c $, -BRIAN K. LAFORM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 03-796 CIVIL ACTION - LAW TERISUE LAFORM, Defendant IN CUSTODY IN RE: CUSTODYNISITATION ORDER OF COURT AND NOW, this 5th day of April, 2004, after hearing, all prior custody orders are vacated and replaced with the following: 1. The Father, Brian K. Laform, and the Mother, Terisue Laform, shall have shared legal custody of Carissa Laform, born December 8, 1994, Allison Laform, born July 12, 1996, and Brian Laform, Jr., born September 8, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general wellbeing including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Father shall have primary physical custody of the children subject to periods of partial custody in the Mother as follows: A. Every weekend from 6:00 p.m. Friday until 1 6:00 p.m. Sunday until the end of this school year. B. Beginning next school year: (i) Every other weekend to correspond with her days off from work.' (ii) One overnight per week on alternating weeks to correspond with her day off work. Said visitation shall be from after school until the beginning of school the next day. C. In the event that the children have a Friday or a Monday holiday from school which is not otherwise addressed in this order, immediately preceding or following the mother's weekend period of custody, the Mother's weekend period of custody shall be expanded to include the one day off school. In said case, the Mother's weekend custody shall begin on Thursday at 6:00 p.m. or end on Monday at 6:00 p.m., whichever is appropriate. 3. During the summer school break, the parties shall share having custody of the Children on an alternating weekly basis, with the exchange to take place each Friday at 6:00 p.m. The noncustodial parent shall be entitled to have a weekday evening period of custody with the Children, with the specific times to be arranged by agreement. The summer schedule shall begin each year with the Mother receiving custody of the Children on the first Friday after the close of the school year. The school year schedule shall resume each year with the Father having custody of the Children at least one full week prior to the first day of school. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS/NEW YEARS: In every year, the Father shall have custody of the Children from Christmas Eve through Christmas Day at 22:00 noon and the Mother shall have custody from Christmas Day at 12:00 noon through New Years Day at 12:00 noon. The Father shall have a period of holiday custody . during the week between. Christmas and New Years with the specific times to be arranged by agreement. B. THANKSGIVING: In every year, the Father shall have custody of the Children on Thanksgiving day until 7:00 p.m. and the Mother shall have custody from Thanksgiving day at 7:00 p.m. through the following Sunday at 6:00 p.m. C. EASTER: In every year, the Mother shall have custody of the. Children over the Easter weekend until Easter Sunday at 2:00 p.m. and the Father shall have custody beginning on Easter Sunday at 2:00 p.m. and continuing through the commencement of school. D. MEMORIAL.DAY/LABOR DAY: The Mother shall have custody of the Children over the Memorial Day weekend every year and shall retain custody through Memorial Day at 6:00 p.m. The Father shall have custody of the Children over the Labor Day weekend through Monday every year. E. JULY 4th: In 2003, the Mother shall have f custody of the Children on July 4th through 6:00 p.m., which is the regular exchange time for the alternating weekly schedule. The parties shall share or alternate having custody of the Children over the July 4th holiday in future years as arranged by agreement. F. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day, with the specific times to be arranged by agreement. G. CHILDREN'S BIRTHDAYS:. The parties shall share having custody of the Children on their birthdays each year with the specific times to be arranged by agreement. H- The holiday custody schedule shall supercede • and take precedence over the regular custody schedule. 5. Each party shall schedule his or her summer vacation during that party's regular alternating weeks of custody. In the event either party desires additional time for vacation, the parties shall cooperate in making arrangements to ensure that each party has equal periods of extended time with the Children. 6. The noncustodial parent shall be entitled to contact the Children by telephone one time each day at a mutually convenient time. The custodial parent shall be diligent and cooperative in ensuring that return calls are made to the noncustodial parent. 7. Unless otherwise agreed, the party receiving custody of the Children shall be responsible to provide transportation for the exchange, with the exception of the mid-week evening period of custody for which the party visiting the Children shall be responsible to provide all transportation. 8. Until the beginning of school next year, the parties shall e-mail each other every single day on a subject that involves their children. These e-mails are to be preserved and to be presented to the Court if this matter comes before us again. They are intended to encourage cooperation between the parties, and have them count their blessings regarding these wonderful children. The e-mail shall be initiated by the parent with whom the children has spent the night before. oa?? :01 ?!v ST j?-ti Woo is , Tessica Diamonds-tone, Esquire For the Mother -Jeanne Costopoulos, Esquire For the Father :mae 6 uad In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ANGELA I. TOS CANO ) Docket Number 00509 S 2008 Plaintiff ) VS. ) PACSES Case Number 183110114 TERI SUE ASWAD ) Defendant ) Other State ID Number Complaint for Support ® New Complaint Q Amended Complaint 1. Plaintiff resides at 7 BRIER RD, CAMP HILL, PA. 17011-2511-07 CUMBERLAND County PIaintiff's date of birth is 10/08/72 2. Defendant resides at 127 WAGNER ST, EAST BERLIN, PA. 17316 ADAMS County. Defendant's date of birth is 07/05/76 C") -r , C? 3. (a) Plaintiff and Defendant were married on 3 T m at (b) Plaintiff and Defendant were separated on ° (c) Plaintiff and Defendant were divorced on T T n at cbr`?. (d) Address of last marital domicile: -:- 4. Plaintiff and Defendant are the parents of or stand in loco parentis to the following children: Name Birth Date Age Born of the Marriage Y = Yes, N = No CARISSA JO LAFORM 12/08/94 13 N Residence: ALLISON MAE LAFORM 07/12/96 11 N Residence: W Fo :? Service Type M Wo TOSCANO V. ASWAD PACSES Case Number: 183110114 BRIAN KEITH LAFORM JR 09108/98 9 N Residence: Residence: Residence: Residence: 5. Plaintiff seeks support for the following persons: CARISSA LAFORM ALLISON LA:FORM BRIAN LA.FORM 6. (a) Plaintiff 0 is ® is not receiving public assistance in the amount of $ , o 0 per month for the -support of: (b) Plaintiff is receiving additional income in the amount of $ . o o from: 7. A previous support order was entered against the Defendant on in an action at in the amount of $ .00 for the support of: Page 2 of 3 Form IN-005 Service Type M Worker ID 23-504 TOSCANO V. ASWAD PACSES Case Number: 183110114 There O are (j) are no arrears in the amount of $ o . o o The order 0 has O has not been terminated. 8. Plaintiff last received support from the Defendant in the amount of $ 0.00 on WHEREFORE, Plaintiff requests that an order be entered against Defendant and in favor of the Plaintiff and the aforementioned child(ren) for reasonable support and medical coverage. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. P finttiff Date Q NOTICE Guidelines for child and spousal support, and for alimony pendente lite,.have been prepared by the Court of Common Pleas and are available for inspection in the Office of the Domestic Relation Section: 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 Service Type M Page 3 of 3 Form IN-005 Worker ID 21504 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeame.kopelaw.com Attorney for Petitioner BRIAN K. LAFORM, Plaintiff, vs. TERISUE LAFORM, Defendant. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-796 Fem. • C CIVIL ACTION - LAW IN CUSTODY c PETITION FOR CONTEMPT AND MODIFICATION Petitioner TeriSue Aswad (formerly Laform), by and through her attorney, Lesley J. Beam, Esquire of Kope & Associates, LLC, hereby petitions this Honorable Court to enter an Order of Contempt against Respondent, Brian K. Laform, because of his violation of this Court's Custody Order requiring him to provide the children to Petitioner for her periods of partial custody. Petitioner further petitions this Honorable Court to enter a Court Order granting Petitioner primary physical custody the children, and limiting Respondent's rights of custody to supervised visitation, at least until such time 0 T1 Fn 3cp r; _ as Respondent demonstrates that he will return the children to Petitioner's custody. In support thereof, Petitioner avers as follows: 1. The Petitioner is TeriSue Aswad (formerly Laform), residing at 127 Wagner Avenue, East Berlin, Adams County, Pennsylvania 17316 (hereinafter "Petitioner" or "Mother"). F 1 of 10 00 c...,,. 2. The Respondent is Brian K. Laform, residing at 106 Center Street, Apartment #1, Enola, Cumberland County, Pennsylvania 17025 (hereinafter "Respondent" or "Father"). 3. A current custody order is in effect regarding the custody of the following children: Carissa J. Laform, bom December 8, 1994 (currently 13 years old); Allison M. Laform, bom July 12, 1996 (currently 11 years old); and Brian K. Laform, Jr., born September 8, 1998 (currently 9 years old). Said order was dated April 5, 2004, and resulted after a hearing before the Honorable Edward E. Guido, Jr. See Order attached as Exhibit "A". 4. The current order provides that the parties, who are the natural parents of said child, share legal custody of the children. The current order provides Father with primary custody of the children, and provided Mother with partial physical custody in the following manner: (a) During the school year, Mother was to have custody of the children (i) every other weekend from 6 p.m. on Friday until 6 p.m. on Sunday, and (ii) one overnight every other week; and (b) During the summer, Mother was to share custody of the children on a weekly altemating basis. 5. Since the introduction of the court order in 2004, Father has routinely failed to comply with the order and provide mother with visitation. Father's failure to comply has beenso egregious such that Mother has been denied custody of at least two of the children for months at a time. 2of10 6. During the school year, per the current Court Order, Mother was to receive every other weekend and one overnight every other week. Father has never provided Mother with a single overnight during the week, despite her repeated inquiries to have the children in her custody. 7. Father has also routinely prevented Mother from weekend visitation during the school year. As an example, in the last six months of school in 2008, Mother was to have approximately 12 weekend visits with the children. Mother only received visitation with one of the children, Carissa, and only on approximately 6 weekends. 8. Father has not provided Mother with any summer visitation of the parties' two youngest children, despite the current Court Order which provides Mother with custody of the children every other week Mother has not seen Allison Laform in over 4 months; it has been substantially longer than that since Mother has seen her youngest child, Brian K. Laform, Jr. 9. Father has informed Mother that she should not even bother coming to get the children because he will not give them to her. Father has stated on multiple occasions: "I can do what I want to do and Judge Guido won't do anything just like before." Father has also informed Mother that he will not make the children go to her house if they want to do something else during that time period. 10. Mother has called the police to ask them to assist her in retrieving the children. Mother) has shown the police the current custody Order at said times. The police have refused on all occasions, despite the existence of the Court Order 3 of 10 mandating that Mother have custody of the children. On these occasions, Mother was informed it was a civil matter and that the police could not and/or would not interfere. 11. Father has evidenced a clear and flagrant unwillingness to comply with court-ordered visitation in the past. Mother has filed two prior petitions for modification and contempt as a result of Father's failure to provide the children to Mother, despite the existence of a Court Order mandating that he do so. 12. The parties' initial custody Order was rendered on April 1, 2003, with a similar custodial schedule to the schedule that is currently mandated by the Court. After Father failed to provide Mother with her visitation per the agreed-upon Order, Mother was forced to file her first petition for modification and contempt. An Order was entered on September !2, 2003, again upon agreement of the parties at conciliation, providing Mother with make-up periods of custody. See paragraph 5 of the attached Order of court dated September 2, 2003, stating the "parties acknowledge that the additional periods of custody provided for the Mother in this Order constitute make-up periods for extended custodial periods denied to the Mother from May through August 2003 in violation of the April 1, 2003 Order." Said Order is attached as Exhibit uB". 13. Father then refused to provide custody of the children to Mother again as mandated in this Order; as such, Mother was forced to file another petition for modification and contempt on December 3, 2008. At the conciliation conference on December 18, 2003, Father admitted that he had not relinquished the children to Mother's custody since November 14, 2008. Mother had been specifically denied her extended Thanksgiving custodial time with the children. See the attached Custody 4of10 Conciliation Summary Report, attached as Exhibit "C", paragraph 4, where it is indicated that this fact was not in dispute. 14. After the hearing and resultant Order on April 5, 2004, Father has consistently disregarded the Order and withheld the children from Mother on an ongoing basis, in a manner so repugnant as to warrant his custodial rights to be suspended by the Court. 15. As Mother was unable to effect change to Father's behavior after two different petitions for contempt/petitions to modify, Mother has felt essentially stalemated by the judicial system. Father has flaunted the fact that nothing has happened to him in the past as ongoing justification for willful disobedience of a court order, and disregard for Mother's rights of custody to her own children. Mother has been unable to exercise her visitation, and has not received assistance from local authorities to effectuate the Court Order. Because Mother's prior petitions have not warranted a change, Mother has been unwilling to file another petition that would not amount to a change in the situation. Mother files the within Petition as the children have been placed by Father with his cousin to live with her, despite Mother's objections to this placement, and Mother's natural rights to the children. 16. Additionally, Father has lied to the children on a number of occasions, impugning Mother's character and morality. As an example of such, Father has informed the children that Mother had engaged in adulterous conduct during her current marriage, despitel, the fact that no such conduct ever took place or was implied to have taken place. The children have begun to believe these lies, to the effect of deteriorating 5of10 the relationship between the children and Mother. In fact, the children have had no alternative to believing Father's assertions, as Father has so severely restricted the children from contact with Mother. 17. Father has withheld the children from school during the last year. Father has inappropriately disciplined the children. 18. Father was found guilty of harassment, after he called and text-messaged Mother 54 times on December 27, 2008, cursing Mother, calling her names and leaving filthy and threatening messages. Father harassed Mother's husband similarly in April of this year, resulting in a warning from the police. 19. Father consistently fails to make the children available to Mother by phone. Father has indicated to Mother that she should not call. 20. Father has currently been evicted from his home, and has taken up residency with his father, the children's paternal grandfather. As a result of the lack of living space at this residence, Father has placed the children with his cousin, Angela Toscano, without the consent of Mother. 21. Even now, as the children are staying with Angela Toscano, Ms. Toscano is withholding custody of the children from Mother. Mother has, again, requested that the police return her children to her custody. The police have, again, refused to enforce the Court Order. 22. Ms. ',Toscano has evidenced her intent for the children to reside with her for a lengthy period by filing a complaint for support against Mother in the Cumberland 6of10 i County Domestic Relations. This filing is despite the fact that Ms. Toscano has no legal rights to usurp custody of the children and withhold them from Mother. 23. Ms. Toscano has never been included in any custody proceeding in the past, nor has she filed any complaint and/or petition to have the children in her care. 24. Angela Toscano has also repeatedly inundated the children with lies concerning their mother, in collusion with the lies told by Father. Ms. Toscano has falsely reported both Mother and her husband to Children and Youth Services for alleged sexual molestation of one of the children, namely the parties' daughter who maintained the closest relationship with Mother. These allegations were found to be unfounded, but have unnecessarily and maliciously disrupted Mother's relationship with the children. 25. Mother has been able to secure custody of the parties' eldest child from Ms. Toscano, but has not been able to secure custody of the parties' other children. 26. Mother is respectfully requesting that this Honorable Court issue an Order granting Mother shared legal custody and primary physical custody of the children with only supervised' visitation by Father. It is Mother's belief that any custodial visitation by Father without supervision will result in Father once again withholding the children from Mother, with complete disregard for the Court's authority. 27. Mother is also requesting that this Honorable Court find Father in contempt of the Court Order, and penalize him accordingly. 28. The best interest and permanent welfare of the children will be served by the granting relief!; requested because: 7of10 (a) Prior to Father receiving primary custody of the children, Mother had been a constant presence in the children's lives. Mother had maintained loving relationships with all three children. (b) Since Father has been given primary custody of the children, Father has essentially prevented Mother from enjoying significant visitation, if any, with the children. (c) Father does not currently have custody of the children; to the contrary, he has sent the children to live with his cousin, Angela Toscano, in direct opposition to Mother's natural custodial rights. (d) Father and Angela Toscano have slandered Mother in the children's presence, lying to the children consistently regarding Mother's character and moral fiber. Living in such an environment, the children will be unable to maintain any positive view of their Mother. Mother would not maintain the same atmosphere for the children. (e) It is essential, if the children are to have healthy relationships with their parents, for the children to live with their Mother and rebuild their relationships with their Mother. (f) Father does not have the facilities currently to provide the children with a good home; to the contrary, Father was evicted from the home in which the children were residing for failure to pay his rent. (g) Mother is able to provide a stable home and stable emotional environment for the children; and 8of10 1 , (h) Mother has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so. WHEREFORE, Petitioner requests that this Honorable Court grant Mother shared legal custody, and primary physical custody of the children, with supervised visitation by Father. WHEREFORE, Petitioner also requests that this Honorable Court find Father in contempt of the Court Order, and cause him to be held accountable for such. Respectfully Submitted, KOPE & ASSOCIATES, LLC Dated: 1 q ?? CC516yC/ !? am, Esq. O/L 9of10 •BRIAN K. LAFORM, Plaintiff V. TERISUE LAFORM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION -.LAW IN CUSTODY IN RE: CUSTODY/VISITATION ORDER OF COURT AND NOW, this 5th day of April, 2004, after hearing, all prior custody orders are vacated and replaced with the following: 1. The Father, Brian K. Laform, and the Mother, Terisue Laform, shall have shared legal custody of Carissa Laform, born December 8, 1994, Allison Laform, born July 12, 1996, and Brian Laform, Jr., born September 8, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general wellbeing including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Father shall have primary physical custody of the children subject to periods of partial custody in the Mother as follows: A. Every weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday until the end of this school year. i a t B. Beginning next school year: (i) Every other weekend to correspond with her days off' from work. $i' (ii) One overnight per week on alternating weeks to correspond with her day off work. Said visitation shall be from after school until the beginning of school the next day. C. In the event that the children have a Friday or a Monday holiday from school which is not otherwise addressed in this order, immediately preceding or following the mother's weekend period of custody, the Mother's weekend period of custody shall be expanded to include the one day off school. In said case, the Mother's weekend custody shall begin on Thursday at 6:00 p.m. or end on Monday at 6:00 p.m., whichever is appropriate. 3. During the summer school break, the parties shall share having custody of the Children on an alternating weekly basis, with the exchange to take place each Friday at 6:00 p.m. The noncustodial parent shall be entitled to have a weekday evening period of custody with the Children, with the specific times to be arranged by agreement. The summer schedule shall begin each year with the Mother receiving custody of the Children on the first Friday after the close of the school year. The school year schedule shall resume each year with the Father having custody of the Children at least one full week prior to the first day of school. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS/NEW YEARS: In every year, the Father shall have custody of the Children from Christmas Eve through Christmas Day at 12:00 noon and the Mother shall have custody from Christmas Day at 12:00 noon through New Years Day at 12:00 noon. The Father shall have a period of holiday custody during the week between. Christmas and New Years with the specific times to be arranged by agreement. B. THANKSGIVING: In every year, the Father shall have custody of the Children on Thanksgiving day until 7:00 p.m. and the Mother shall have custody from Thanksgiving day at 7:00 p.m. through the following Sunday at 6:00 p.m. C. EASTER: In every year, the Mother shall have custody of the Children over the Easter weekend until Easter Sunday at 2:00 p.m. and the Father shall have custody beginning on Easter Sunday at 2:00 p.m. and continuing through the commencement of school. D. MEMORIAL.DAY/LABOR DAY: The Mother shall have custody of the Children over the Memorial Day weekend every year and shall retain custody through Memorial Day at 6:00 p.m. The Father shall have custody of the Children over the Labor Day weekend through Monday every year. E. JULY 4th: In 2003, the Mother shall have custody of the Children on July 4th through 6:00 p.m., which is the regular exchange time for the alternating weekly schedule. The parties shall share or alternate having custody of the Children over the July 4th holiday in future years as arranged by agreement. F. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day, with the specific times to be arranged by agreement. G. CHILDREN'S BI:RTHDAYS:. The parties shall share having custody of the Children on their birthdays each year with the specific times to be arranged by agreement. H. The holiday custody schedule shall supercede • and take precedence over the regular custody schedule. 5. Each party shall schedule his or her summer vacation during that party's regular alternating weeks of custody. In the event either party desires additional time for vacation, the parties shall cooperate in making arrangements to ensure that each party has equal periods of extended time with the Children. 6. The noncustodial parent shall be entitled to contact the Children by telephone one time each day at a mutually convenient time. The custodial parent shall be diligent and cooperative in ensuring that return calls are made to the noncustodial parent. 7. Unless otherwise agreed, the party receiving custody of the Children shall be responsible to provide transportation for the exchange, with the exception of the mid-week evening period of custody for which the party visiting the Children shall be responsible to provide all transportation. 8. Until the beginning of school next year, the parties shall e-mail each other every single day on a subject that involves their children. These e-mails are to be preserved and to be presented to the Court if this matter comes before us again. They are intended to encourage cooperation between the parties, and have them count their blessings regarding these wonderful children. The e-mail shall be initiated by the parent with whom the children has spent the night before. a ?t o ; LL 30 - ,.Jessica Diamonds•tone, Esquire For the Mother -deanhe Costopoulos, Esquire For the Father :mae t BRIAN K. LAFORM, Plaintiff VS. TERISUE LAFORM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT ; 04 AND NOW, this day of ? ;G;;0k , , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 1, 2003 shall continue in effect as modified by this Order. 2. The Mother shall have partial physical custody of the Children from August 19, 2003 through Monday, August 25, 2003 at 2:00 pin. Thereafter,, the Mother shall have custody of the Children every weekend from Friday at 6:00 pm through Sunday at 6:00 pm through the end of April, 2004. Beginning in May 2004, the partial custody schedule set forth in the April 1, 2003 Order shall resume. In the event the Children haveoff school on a Friday or Monday through the end of April 2004, the Mother's weekend period of custody shall extend to include the day off from school if the Children are cuff school on Friday, the Mother's weekend period of custody shall begin on Thursday at 6:00 pm If the Children are off school on Monday, the Mother's weekend period of custody shall extend through Monday at 6:00 pm. 3. The Mother shall have custody of the Children over the Labor Day weekend in 2003 from Friday at 6:00 pm through Monday at 6:00 pm. 4. In 2003, !.the holiday custody schedule shall be modified so that the Mother has custody of the Children for the entire Thanksgiving school break from the Wednesday before Thanksgiving at 6:00 pm through Monday at 6:00 pm In addition, the Mother's period of Christmas holiday custody shall run from Christmas day at 12:00 noon through 6:00 pm on the day before school resumes after the holiday school break. 5. The parties acknowledge that the additional periods of custody provided for the Mother in this Order constitute make-up periods for extended custodial periods denied to the Mother from May through August 200$ in violation of the April 1, 2003 Order. 6. When the Father is picking up the Children, the exchange of custody shall take place at the Choice cigartette outlet in Abbottstown square. 7. In the event either party no longer has appropriate housing for the Children during his or her periods of custody, the other party shall be entitled to provide care for the Children until appropriate accommodations are re-established. 8. Each party shall ensure that the Children attend scheduled counseling sessions during his or her periods of custody. 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. r cc7an "'A. Stein Esquire - Counsel for Father Carey, Esquire - Counsel for Mother V Edward E. Guido J. i •y + VINV/ usrmraa aldroc, ?C •p IS a15 ,J? i BRIAN K. t A.FORM, plaintiff Vs. TERISUE LAFORM Defendant Prior Judge: EDWARD E. GUIDO CUSTODY CONCMIATION SUMMARY REPORT IN ACCORDANCE WrM CUMBERLAND COUNTY RULE OF CIVIL PROCEDU" 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-796 CIVIL ACTION LAW IN CUSTODY DATE OF BIRTH Carissa Laform December 8, 1994 Allison Laform July 12, 1996 Brian K. Laform, Mfr (Buddy) September 8, 1998 CURRENTLY IN CUSTODY OF Father Father Father 2. A Conciliation Conference was held on August 19, 2003, with the following individuals in attendance: The Father, Brian K. Laform, with his counsel, Scott A. Stein, Esquire and the Mother, Tensue Laform, with her counsel, roan Carey, Esquire. This custody matter was referred to the conciliation process by the Court after consideration of the Mother's Petition for Special Relief, Contempt and Modification. All issues, including contempt, were resolved by agreement at the conference. 3. The partie$ agreed to entry of an Order in the form as attached. Zztut: o Date Dawn S. Sunday, Esquire Custody Conciliator BRIAN K LaAFORM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 03-796 CIVIL ACTION LAW TERISUE LAFORM Defendant IN CUSTODY Prior Judge: EDWARD E. GUIDO 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carissa LaForm December 8,1994 Father / Mother Allison LaForm July 12,1996 Father / Mother Brian K. LaForm,'I Jr (Buddy) September 8, 1998 Father / Mother 2. A Conciliation Conference was held on December 18, 2003, with the following individuals in attendance: The Father, Brian K. LaFonn, who is not represented by _counsel and the Mother, Terisue LaForm, with her counsel, Jessica Diamondstone, Esquire. 3. The Father filed a Petition for Modification requesting that the Mother be required to attend parenting classes and that.her periods of custody be supervised. The Mother subsequently filed a Petition for Contempt and Modification seeking primary physical custody of the Children and requesting that the Court hold the Father in contempt for failing to comply with the existing Order. The current Order, September 2, 2003 (continuing the prior Order dated April 1, 2003) provides for the parties to share having physical custody of the Children during the summer and during the school year, for the Mother to have custody on weekends and the Father to have custody during the week. The September 2, 2003 Order provided for substantial make-up periods of custody for the Mother for custodial periods denied by the Father from May through August 2003. The September 2, 2003 Order was the result of an agreement between the parties at the custody conciliation conference on the Mother's prio Petition for Contempt. 4. Although the parties were able to discuss the custody issues in a fairly civil manner, their differing peopectives on the factual issues raised by each make it extremely difficult to identify and address the issues without taking testimony. Although the parties disagree on almost all of the facts contained in their respective petitions, the fact that the Mother has not been permitted to exercise her periods of c dy since November 10 is not in dispute and, regardless of which party is determined to be credi le on the facts underlying the custody dispute, it is apparent that the focus of the controversy s the involvement of the Mother's fianc6, Jeremy. 5. As the parties were unable to reach an agreement as to all outstanding custody issues at the conference, it will be necessary to schedule a hearing on both parties' requests for modification and the mother's request that the Father be held in contempt. 6. The Father's position on custody is as follows: The Father stated that he has not permitted the Children to go to the Mother's residence on weekends since mid-November because he believes that the Children are exposed to serious risks at the Mother's residence. The Father alleged that the Mother's fiane6 hits the Children and inappropriately disciplines them in other ways as well. The Father also allges that there is serious conflict, (involving police intervention) between the Mother's boyfriend and Ais family at the family's residence where the Mother and Children reside. The Father made several ajllegations concerning the Mother's failure to provide appropriate care and supervision of the Children. The Father believes that the Mother's periods of custody should be supervised to ensure the Children's safety and that the Mother should attend parenting classes. 7. The Mother's position on custody is as follows: The Mother believes that the Father should be held in Copt for refusing to permit her to have custody of the Children since mid-November, and causing h to miss her extended period of Thanksgiving custody (previously ordered as a make- up for custodial periods previously denied by the Father). The Mother believes that the Father's complaints with) regard to custody are motivated by her impending marriage on December 26. The Mother alleged that the Father interferes with her ability to speak with the Children by telephone privately and for reasonable periods of time. The Mother believes that the Father is not adequately caring for the Children's needs. The Mother requested that the Father be held in contempt for continuing to deny her Court Ordered periods of custody with the Children and also requested that the Order be modified to grant her primary physical custody of the Children. 8. The Conciliator recommends an Order in the form as attached scheduling a hearing on both parties' Petitions for Modification and the Mother's Petition for Contempt. Pending the hearing, the parties agreed to certain restrictions concerning the Children's contact with Jeremy, on the basis of which the Father greed to resume the Mother's weekend periods of custody and the upcoming holiday custody arrangem t. The mother requested that the hearing be expedited to ensure her ongoing and uninterrupted contact with the Children. It is expected that the hearing will require at least one-half day. The Father indicated that he planned to obtain counsel for the hearing. Date Dawn S. Sunday, Esquire Custody Conciliator VERIFICATION I, Ter?Sue Aswad, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unswom falsification to authorities. r Dated: Teri Sue Aswad 10 of 10 BRIAN K. LAFORM, : IN THE COURT OF COMMON PLEAS (Plaintiff, : CUMBERLAND COUNTY, PA VS. : No: 03-796 TERISUE LAFORM, : CIVIL ACTION - LAW Defendant. : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2008, upon consideration of the attached Petition for Contempt and Modification filed by TeriSue Aswad (formerly Laform), the Petitioner, it is hereby directed that the parties and their respective counsel appear before the Custody Conference Officer at on , 2008, at o'clock _m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute or, if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order FOR THE COURT, By: Custody Conciliator The Court of Co mon Pleas of Cumberland County is required by law to comply with the Amer! ans with Disabilities Act of 1990. For information about accessible facill ies and reasonable accommodations available to disabled F individuals i,having business before the court, please contact our office. All arrangemenmust 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, do hereby certify that on this 30"' day of June, 2008, I served a true and correct copy of the foregoing Petition for Contempt and Modifiction via regular W.S. First Class mail, postage prepaid, addressed as follows: Brian K. LaForm 106 Center Street, Apt. 1 Enola, PA 17025 KOPE & 4SSOCIATES, LLC I. D. 9-f 175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Petitioner) VERIFICATION 1, Teri Aswad (formerly Laform), verify that the statements made in this Emergency Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. r Dated: `V Teri Aswad (formerly Laform), Petitioner BRIAN K. LAPORM, (Plaintiff, vs. TERISUE LAFORM, Defendant. AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-796 : CIVIL ACTION - LAW IN CUSTODY ORDER day of 2008, in consideration of the foregoing Emergency Petition for Special Relief filed by TeriSue Aswad (formerly Laform), it is hereby ORDERED and DIRECTED that: 1. Physical 'custody of Carissa Laform, Allison Laform and Brian Laform, minor children herein, is awarded to TeriSue Aswad (formerly Laform), mother and Petitioner herein, pending a Pre-Hearing Custody Conference and further Order of the Court. 2. Brian K. Laform, father and Respondent herein, and/or any third party who may be taking care of the children at this.time, including but not limited to Angela I. Toscano, must immediately relinquish the children to TeriSue Aswad's (formerly Laform) care and custody pending a pre-hearing conciliation conference and further Order by this Court. 3. Brian K. Laform may have supervised visitation only by agreement of the parties pending a Pre-Hearing Conciliation Conference. BY THE COURT: J. Distribution: Lesley J. Beam, Esq.- 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 Brian K. Laform - 106 Center Street, Apt. 1, Enola, PA 17025 4 r'- m BRIAN K. LAFORM, Plaintiff/Respondent . V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-796 CIVIL TERM TERISUE LAFORM, CIVIL ACTION - LAW Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of July, 2008, hearing in this matter is continued to Monday, July 7, 2008, at 9:30 a.m. At that time, we need input from the Adams County and Cumberland County Children and Youth caseworkers. We also need input from the children's counselor, Ms. May. All of those witnesses may participate by telephone. We also plan on interviewing the children on the record in chambers on that date. Mother is directed to bring all three children to the hearing. Pending said hearing, our current Order shall remain in full force and effect. Provided, however, that Father shall deliver Allison to Mother's custody for visitation over the weekend today and deliver Buddy to Mother's custody for visitation over the weekend on Saturday when he returns from Bible camp. Lesley J. Beam, Esquire For the Defendant/Petitioner Brian K. Laform 106 Center Street - Apt. 1 ?aj C& 4If.B? Enola, PA 17025 Plaintiff/Respondent, Pro se srs s??l?' nr.;., F ??,? ?` ?3.C ?. BRIAN K. LAFORM, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-796 CIVIL TERM TERISUE LAFORM, CIVIL ACTION - LAW Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, this 7th day of July, 2008, after having heard from the children's counselor, the Defendant's petition for emergency relief is DENIED. Our Order of April 5, 2004, shall remain in full force and effect. Mother shall maintain custody of the children until this Friday evening at 6:00 p.m. as per our order of April 5, 2004. The petition for contempt is referred to conciliation, as well as the petition to modify this Order. It appearing to the Court that Father is not in a position to provide for the physical well-being of the children in that he has no residence for them, and it further appearing to the Court that the Mother is not in a position to provide for the emotional well-being of the children, this matter is referred to Cumberland County Children and Youth Services. During periods of Father's custody, the children may live with their aunt, Angela Toscano, at 70 Briar Road, Camp Hill, Pa. y the Court, Edward E. Guido, J. Lesley J. Beam, Esquire For the Defendant/Petitioner Brian K. Laform 106 Center Street - Apt. 1 Enola, PA 17025 Plaintiff/Respondent, Pro se srs 'Z ID -7 - CCC`%&/YYS 'VIN'VAIASNN3d AlNnfl ??,.. ???4;-orb Inr AftCN VL. BRIAN K. LAFORM IN Tf-IE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TERISUE LAFORM 2003-796 CIVIL ACTION LAW IN CUSTODY DLF I;N I}ANT ORDER OF COURT AND NOV4 Monday, July 07, 2008 upon consideration of the attached Complaint, 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, August 05, 2008 at 10:00 AM for a Pre-Hearing CustodrConference. 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 an. and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR TI IF LOUR"I Bv: Is/ Dawn S. Sunday, Esq• I? 111 Custody Conciliator V, 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 ONF, 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 , oo = i i wr a- inn aooz iM-M it KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(&-kopelaw.com BRIAN K. LAFORM, Plaintiff, VS. TERISUE LAFORM, Defendant. 4 Attorney for Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-796 CIVIL ACTION -LAW IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND I, Daniel Roach, being duly sworn according to law deposes and says that I am a competent adult, and that on -l I F? at f z 1+4 I personally served Angela 1. Toscano a t -7 R g i e j R? ?PdLjj? (7a l ( with a true and correct copy of the Emergency Petition for Special Relief, Petition for Contempt and Modification and Order of Court setting the hearing for July 3, 208 issued in the above-captioned matter. 7,y- Co Is Signature SWORN to and subscribed before me this day of , 2008. Notary Public: 1 ,C KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(&-kopelaw.com Attorney for Petitioner BRIAN K. LAFORM, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 03-796 TERISUE LAFORM, CIVIL ACTION - LAW Defendant. IN CUSTODY ACCEPTANCE OF SERVICE I, Angela I. Toscano, interested party to the above-captioned matter, hereby accepts personal service of the Emergency Petition for Special Relief, Petition for Contempt and Modification and the Order of Court set:ge:la h008. Date: ?? r.? C f a o ?i r KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam kogelaw.com BRIAN K. LAFORM, Plaintiff, vs. TERISUE LAFORM, Defendant. Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-796 CIVIL ACTION -LAW IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) SS: I, Daniel Roach, being duly sworn according to law deposes and says that I am a competent adylt, and that on _ 2 - O at I g 3-6 I personally served Brian K. LaForm at 10C., ov>-,,,/t ,g Wt'Zn2s with a true and correct copy of the Emergency Petition for Special Relief, Petition for Contempt and Modification and Order of Court setting the hearing for July 3, 208 issued in the above-captioned matter. ?? (.pns?? ? i? ??3G?Z Signature SWORN to and subscribed before me this day of , 2008. Notary Public: r i KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbeamta-kopelaw.com Attorney for Petitioner BRIAN K. LAFORM, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-796 TERISUE LAFORM, : CIVIL ACTION -LAW Defendant. : IN CUSTODY ACCEPTANCE OF SERVICE I, Brian K. LaForm, Plaintiff in the above-captioned matter, hereby accepts personal service of the Emergency Petition for Special Relief, Petition for Contempt and Modification and the Order of Court setting the hearing for July 3, 2008. nan K. LaForm Date: `7 -Z- r. t i4m c L"J0 co BRIAN K. LAFORM PLAINTIF V. TERISUE LAFORM . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 200344 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, Jut 22, 2008 , upon consideration of the attached Complaint, 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, August 05, 2008 at 10:00 AM for a Pre-Hearing Custody onference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry o a temporary or permanent order. The court hereby c Special Relief orders, and ects the parties to furnish any and all existing Protection from Abuse orders, ustody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of with Disabilites Act of available to disabled in must be made at least 7 conference or hearing. YOU SHOT HAVE AN ATTORNI FORTH BELOW TO Common Pleas of Cumberland County is required by law to comply with the Americans 1990. For information about accessible facilities and reasonable accommodations iividuals having business before the court, please contact our office. All arrangements 2 hours prior to any hearing or business before the court. You must attend the scheduled LD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT Y OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET IND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4"V? A4v _ Ano #. 9Z :II Wv CZ Inf BOOZ