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HomeMy WebLinkAbout98-04384r C F L 1 •7 W '- `-, if ?r" ?u VA ?a ON JUN 2 1 20172 N CHERYL L. AMSBAUGH, Plaintiff V. MICHAEL G. AMSBAUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4384 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Defendant Bayley, J. TEMPORARY ORDER OF COURT AND NOW, this 1 -day of J , 2002, upon consideration of the attached Custody Conciliation Summary Report and an agreement by the parties, it is hereby ordered and directed as follows: 1. Legal Custodv. Cheryl L. Amsbaugh and Michael G. Amsbaugh shall have shared legal custody of the minor child, Amanda N. Amsbaugh, born April 16, 1992. 2. Physical Custody. Mother shall have primary physical custody. 3. Father and Amanda shall participate in counseling to address Amanda's reaction to Father's behavior. The goal of the counseling will be to allow Amanda, in a therapeutic setting, to address her concerns about Father's conduct and to establish what Amanda's needs are in terms of the conditions upon which supervised and unsupervised visitation may be able to occur in a way that is emotionally and physically safe for Amanda. On June 17, 2002, Mother shall contact the child's therapist, Patricia Moore, to arrange an appointment for Amanda and Father. Mother shall endeavor to set an appointment for 8:00, 9:00 or 10:00 a.m., if those appointment times are available. Father will pay 100% of unreimbursed costs for the first two sessions with the therapist. In the event that additional sessions are warranted, the counselor should make that recommendation to the parties in a report. 4. Supervised Visitation. Father shall have supervised visitation at the home of the paternal grandparents to commence on the therapists' recommendation, the first Saturday after it is determined that Amanda is ready to resume regular contact with her Father. The visit shall occur from 10:00 a.m. Saturday until 6:00 p.m. at the home and in the presence of the paternal grandparents. The frequency of additional visits shall be guided by Amanda's progress as determined by her therapist. Mother shall provide transportation and arrange to share the transportation with the paternal grandparents, if needed. Father will continue in counseling with David Russell. Both parties shall have appropriate consents to release confidential information signed so that Father's counselor and Amanda's counselor will have the authority to speak with each other about this incident and assist each other in assessing the means by which Amanda and her Father can attempt a reconciliation. It is permissible for Father's therapist to participate in these sessions with Amanda and her therapist, Ms. Moore. 5. For a period of twelve hours before and continuing throughout any period of supervised visitation or partial custody with the minor child, Father shall consume no alcoholic beverages whatsoever. 6. The child's counselor shall provide a report as to the progress of reconciliation work being done between the child and Father and an assessment of when the child might be ready for unsupervised contact with Father no later than August 5, 2002. Within ten days of the receipt of the report, either party may request an additional conference through the Custody Conciliator's office via letter. 'r BY THE COURT: J. Dist; Jeffrey R. Boswell, Esquire, P.O. Box 741, Harrisburg, PA 17108-0741 1- pZ Michael G. Amsbaugh, pro se, 486 Berkshire Lane, Mechanicsburg, PA 17050 i .:s L;- ,? ? l.? ? ? i r' A 1' t? CHERYL L. AMSBAUGH, Plaintiff V. MICHAEL G. AMSBAUGH, Defendant 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 child who is the subject of this litigation is as follows: DATE OF BIRTH Amanda N. Amsbaugh April 16, 1992 CURRENTLY IN THE CUSTODY OF Mother 2. A Custody Conciliation Conference was held on June 17, 2002 pursuant to an April 1, 2002 Order of Judge Bayley. Mother had petitioned for emergency relief based on a March incident wherein Father was allegedly drunk during a period of custody on March 9, 2002. Present for the conciliation conference were: the Mother, Cheryl L. Amsbaugh, and her counsel, Jeffrey R. Boswell, Esquire; the Father, Michael G. Amsbaugh, who appeared pro se. According to the police report, Father pinched his girlfriend's nose and threatened to bite her ear off. The girlfriend, her children and these parties' daughter hid in the bathroom. The police were called by the management of the bowling alley. Mother alleges that she has been told that Father was drinking and driving during periods of custody and that Amanda continues to be fearful of her Father, particularly when he is drinking alcohol. Mother sought supervised visitation and continued counseling. 3. The parties reached an agreement as to a Temporary Order as in the form attached. Date r Melissa Peel Gree y, Esquire Custody Conciliat r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4384 CIVIL TERM 159670 CHERYL L. AMSBAUGII IN"""; i COI IRT OF C'O(thMON PLEAS OF PLAINTIFF CIJMH1:1MAND C'OUNT'Y, PENNS)'LVANIA V. 98-4384 CIVIL AC"Z"ION L.AW MICHAEL G. AMSBAUGII DEFENDANT IN CUSTODY ORDER OF ('011RT AND NOW, Monday February 23, 2004 upon consideration ol'the attached Complaint, it is hereby directed that parties and their respective counsel appear b0bre DTelissa P. Greevy, Esq_ the conciliator, at 301 Market Street, Lemo vae, PA 17043 Oil Tuesday, March 1G, 2004 at 9:30 AM for a Pre-Bearing 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 live 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/ A/rl P, (;reeve l 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 f;milities 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 AT'T'ORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW "f0 FIND OUT WHERL'• YOU CAN GET' LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .. i . . ,, ,, CHERYL L. AMS13AUGI I, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND C'OUNT'Y, PENNSYLVANIA VS. NO. 98-4334 MICHAEL G. AMSBAUGH. CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed thtit the parties and their respective counsel appear before the Conciliator, at ou at _.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 Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 CHERYL L. AMSBAUGI1, IN Ti m COUTt'T' OF COMMON PLEAS Plaintiff CUMBERLAND COUN'T'Y, PENNSYLVANIA VS. NO. 98-4384 MICHAEL G. AMSBAUGH, CIVIL ACTION - LAW Defendant CUSTODY COMPLAIN'r TO MODIFY CUSTODY ORDER _e. A AND NOW, this 5??? day of JaRuftry 2004, comes the Defendant, Michael G. Amsbaugh, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: L The Defendant, Michael G. Amsbaugh, is an adult individual currently residing at 183 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Plaintiff, Cheryl L. Amsbaugh, is an adult individual currently residing at 15 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant are the natural parents of one child; namely: Amanda N. Amsbaugh, born April 16, 1992. 4. Attached hereto and marked Exhibit °A" is a copy of an Order oi' Court dated January 30, 2002, wherein your Honorable Court incorporated the Order dated October 23, 2000, with modifications. 5. The Defendant, Michael G. Amsbaugh, was afforded alternate weekend visits with his daughter, as well as, telephone contact, holiday visitation, and counseling with the minor child's therapist. 6. Since the entry of the most recent Order dated January 30, 2002, the Defendant, Michael G. Amsbaugh, has been denied visitation with his daughter on numerous occasions. 7. The Defendant, Michael G. Amsbaugh, desires to commence his partial custody rights with the minor child. 8. The Defendant, Michael G. Amsbaugh, has attempted to enforce the Orders and his rights with his daughter. 9. A substantial amount of time has lapsed since the Defendant has been afforded a regular partial custody schedule with his minor daughter. 10. The Defendant, Michael G. Amsbaugh, respectfully requests a Conciliation Conference be scheduled to re-evaluate the Orders of Court and so that he may commence contact with his daughter on a regular basis. 1) WHEREFORE, the Defendant, Michael G. Amsbaugh, respectfully requests your Honorable COUI-t to modify the Orders of Court dated January 30, 2002, and October 23, 2000. Respectfully submitted, j1 BY:C` Diane M. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Dated: ???/G? EXHIBIT "A" i JAN % 4 a r,, ?L CHERYL L. AMSBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 98-4384 MICHAEL G. AMSBAUGH, ; CIVIL ACTION - LAW Defendant ; CUSTODY Bayley, J. - 9BDER OF CO tRr AND NOW, this _.3-n day of January, 2002, upon consideration of the attached Custody Conciliation Summary Report, it Is hereby ordered and directed as follows: 1. The Order of October 23, 2000, shall remain in full force and effect with the following modifications: A. Father shall be permitted reasonable telephone contact with the minor C and hild which, at minimum, shall include a telephone call between 8:00 p.m. 8:30 p.m, Initiate a telephone cale to n the nonesitodiall parent upon h her reque sty B. Mother shall continue to take the Child to counseling which was initiated on or about October 23, 2001. Each parent shall participate as requested by the Child's therapist. Additionally, the parents shall participate in such additional counseling as the Child's therapist may think would be beneficial to the Child. Father is to contact the therapist by January 14, 2002. In the event that therapist has input to offer with regard to the alleged resistance to contact the Father and with regard to the appropriate custodial schedule, the counselor shall provide this input to counsel for the parties. 2. Neither party shall door say anything which may estrange the Child from the other parent, Injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parents shall establish a no-conflict zone for their Child and refrain from making derogatory comments about the other parent in the presence or earshot of the Child and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the Child. h3713>1 T9ZT8EZLTC b5:60 Z00Z/T0/Ze II?rONIIIAIII?Mam?e® -1: I i No. 88-4384 - Civil Term 3• Vacation. Each party shall be entitled to two non-consecutive weeks of vacation to include their custodial weekend. Vacation time shall run from Friday to Sunday encompassing a total of ten days. Each party shall provide thirty days written notice to the other parent of the time chosen for vacation. In the event that the vacation times overlap, the party first providing written notice to the other parent shall have the choice of vacation time. The non-vacationing parent shall confirm their understanding of the vacation schedule in writing to the other parent, BY THE COURT, Edgar 9. Bayley, Jr Diet Jeffrey R. Boswell, Esquire, PO Box 741, Harrieburg, PA 17108.0741 Gary L. Kelley, Esquire, 132.134 Walnul Strae6 Harrisburg, PA 17101 ZB 3SVd TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and sea/l) of said ourt at Wilda Pa. Th .. 41.... QI ..... , Pro h31-13N TUTB6ZLTL 09:60 ZBBZ/TB/ZB c' VERIFICATION I verify that the statements made in this Complaint to Modify Custody Orders 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. MI H ?L 6. AMSBA G n N ?? ? I _ '`- ?t -? 1 r i'i ? CJ 1 !:'_ ? A ? ?. ' ?,? { ?.. CHERYL L. AMSEAtICil I PLAINTIFF V. MICHAEL G. AMSBAUGH DEFENDANT IN T1117 COURT OP COMMON PLEAS OF CIIM13l;RLAND COUNTY, PENNSYLVANIA 98-4384 CIVIL ACTION LAW IN CUSTODY ORDER OF 'O? IR'l AND NOW, Tuesday, April 09, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 301 Market Street Lemoyne, PA 17043 on Tuesday, May 21, 2002 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/ Melissa n. Grreyy? 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 //z O ?r f izca?r? 7i le y ?? • oa ?? ?Q,1?d f ? ?K lldw? ? l CHERYL L.AMSBAUGH, PETITIONER V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL G. AMSBAUGH, ; RESPONDENT 98-4384 CIVIL TERM ORDER OF COURT AND NOW, this b day of April, 2002, by agreement of the parties, the within petition for special relief is referred to conciliation. The hearing currently scheduled for April 4, 2002, IS CANCELLED. Z ? Jeffrey R. Boswell, Esquire For Petitioner Gary L. Kelley, Esquire For Respondent Melissa Peel Greevy, Esquire Custody Conciliator Court inistrator :saa Edgar B. Bayley, i i CHERYL L. AMSBAUGH, PETITIONER V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL G. AMSBAUGH, RESPONDENT 98-4384 CIVIL TERM ORDER OF CO gT AND NOW, this IA? day of April, 2002, by agreement of the parties, the within petition for special relief is referred to conciliation. The hearing currently scheduled for April 4, 2002, IS CANCELLED. ?V- Edgar Jeffrey R. Boswell, Esquire For Petitioner Gary L. Kelley, Esquire For Respondent Melissa Peel Greevy, Esquire Custody Conciliator Court Administrator :saa w CHERYL L. AMSBAUGH, Petitioner VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 98-4384 MICHAEL G. AMSBAUGH, CIVIL ACTION - LAW Respondent CUSTODY ORDER OF COURT AND NOW, this 7iZ''day of March, 2002, upon consideration of the Emergency Petition for Special Relief, it is hereby ORDERED and DIRECTED. as follows: 1. Primary physical custody shall remain with the Mother. 2. Father shall have no periods of partial physical custody or visitation until further order ofthisCourt. ?a 1P.(aC4A1%,q ?v,11 O.. VL 111y At- LL M1 ehm 3. Father shall obtain counseling for anger managementband-he4hall-continua411- counseling-until-such4imc.as the therapist-is .satisfied; bywritteir-report-to-this-eourt, that-the Father may have contact by-telephone and in-person-wfth-his-ehild By the Court: / J , A/rl, COPY fvtn lzC? O /'j, chG.Qt (' yM{?()uo J Jeffrey R. Boswell, Enquire Supreme Court I.D. 02544.1 BOSWELL, TINTNER, PICCOLA b WICRERSIL'N 11S North Front Street P. 0. Box 741 Harrisburg, Pennsylvania 17108.0741 Attorneys for Plaintiff CHERYL L. AMSBAUGH, Petitioner IN THE COURT OF COMMON PLEAS CUDIBERLAND COUNTY, PENNA. VS. MICHAEL G. AMSBAUGH, Respondent NO. 98-4384 CIVIL ACTION - LAW CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF Plaintiff, Cheryl L. Amsbaugh, by her attorneys, Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Wickersham, presents this Emergency Petition for Relief, as follows: 1. Petitioner is Cheryl L. Amsbaugh, mother of the minor child, Amanda N. Amsbaugh, who was bom on April 16, 1992. 2. Petitioner is the primary custodian of Amanda; Petitioner currently resides at 15 Buttonwood Lane, Carlisle, Pennsylvania 17013. 3. Respondent is the father of the child, Amanda N. Amsbaugh. 4. Respondent currently resides at 3 East Factory Street, Mechanicsburg, Pennsylvania 17055. 5. This Honorable Court filed a Protection from Abuse Order between the parties, as against the Respondent, Michael G. Amsbaugh, which Order expired on February 16, 2002. nose ? A?I?e?mneln?¦? _ L 6. The Petitioner and the Respondent had a custody conciliation conference with Custody Conciliator Melissa Peal Greevy, Esquire, on January 9, 2002, with regard to which conference this Honorable Court entered an Order of Court on January 30, 2002, providing for reasonable telephone contact between the minor child and her father and for counseling, 7. Petitioner requests emergency relief to deny any period of partial physical custody or visitation between Respondent/Father and the minor child because of the prospect of physical, emotional, and psychological injury inflicted on the minor child by Respondent/Father. On Saturday, March 9, 2002, Respondent/Father prompted an incident at ABC West Bowling Alley when his daughter, Amanda, was in his temporary physical custody. Prior to this incident, Respondent/Father drove his daughter while in an intoxicated condition, which condition is contrary to the existing custody order, and while in that condition and while at ABC West Bowling Alley, Respondent/Father terrorized his companion and his daughter, prompting his daughter to hide in the women's restroom which was guarded until such time as the police came and the Petitioner/Mother came to obtain Amanda, to take her home to Petitioner/Mother's residence. The Silver Spring Township police incident report is attached and incorporated as Exhibit "A." Since that time, daughter has refused to speak with her father by telephone, and daughter refused to see Respondent/Father. According to the custody order, Respondent/Father would be entitled to temporary physical custody beginning after school on this date, Friday, March 22, 2002; until Sunday, March 24, 2002. WHEREFORE, Petitioner/Mother requests emergency relief to deny temporary physical custody to Respondent/Father until such time as a hearing can be held before this Honorable Court, a custody conference can be held to discuss and to provide a reasonable resolution, counseling can be ordered for Respondent/Father to assure the Petitioner/Mother and the minor I.- child that the Respondent/Father will not exhibit conduct that would inflict physical, emotional, or psychological harm upon the minor child, or such other relief this Court feels appropriate to a custody arrangement between the parties. Respectfully submitted, BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: Je e R. Boswell, Esquire Attorney for Petitioner, Cheryl L. Amsbaugh Dated: March 22, 2002 ID: MAP, 14'02 12:42 No.002 P.02 (DISIPINC) TMD1 UCFPSIL2 DISPATCH INCIDENT: 20020300202 SIL PAGE: 1 CALL TYPE: DISORDERLY CONDUCT LOCATION - ------- --.-- - GRID --------- CCL UCR ----^------ IPG ---- DISPO PRI -------^^--•-- -- --------------- 06454 -----^ - -- CARLISLE PIKE 0601 240 0000 Y 10 5 ALARM CTAK DPAT VEH-REGISTRAT MAKE DATE RECV DISP ARRV CLR TOTT REP -------^--------^- -------^-------------- --------- -----^-----------------^----- N 2407 WABI 20020310 2322 2322 2324 2348 0026 N UNIT BADG OFFICER -------------------------------------------------------------------------- 30 2407 BURGER WILLIAM A 20020310 2322 2324 2348 Y 00 2412 HIPPENSTEEL II LEROY L 20020310 2322 2324 2348 NAMES: AMSBAUGH W/M PA LOPATIC W/F 31 AMSBAUGH W/F 9 MICHAEL (S) 000 000 0000 21525466 UNK. E FACTORY ST MECH. ADDRESS DAPHINE (w) 717 691 9867 3 E MARBLE ST MECH PA AMANDA (W) 717 691 7311 15 BUTTONWOOD DR CARLISL8 PA COMMENTS: GOT A CALL FROM UNK. MGT. AT ABC WEST RPTS., INTOX. MALE BEING DISORDERLY OVER HIS DAUGHTER BEING IN THE RESTROOM &: WILL NOT COME W/HIM. SEEMS AMSBAUGH/LOPATIC & THEIR KIDS WERE BOWLING AND AMSBAUGH DRANK HIS LIMIT AND WAS ACTING LIKE A JERK. AT ONE POINT HE PINCHED LOPATIC'S NOSE AND TOLD HER HE WAS GOING TO SITE HER EAR OFF. LOPATIC AND KIDS DECIDED TO HIDE IN THE WOMEN' RESTROOM AND AMSSAUGH'S DAUGHTER DID NOT WANT TO GO WITH HIM. THE DAUGHTERS MOTHER CHERYL AMSBAUGH HAD ALREADY BEEN CALLED BY ABC & WAS COMING TO GER THE GIRL. APPROX. 1 MIN. AFTER ARRIVAL GEORGE AMSBAUGH ARRIVED (MICHAEL'S DAD) AND TOLD HIS SON TO GET IN HIS VEHICLE. HE DID. MOTHER ARRIVED AND TOOK. THE DAUGHTER (SEE HAS PRIMARY CUSTODY). BOTH DEPT. 22/25 WERE ADVISED OF POSSIBLE PRO- BLEMS AT ADDRESSES GIVEN. MS'LOPATIC DID NOT WISH HARASSMENT CHARGE FOR THE INCIDENT A7TQ,', ? 111V?10i' VERIFICATION Petitioner verifies that the statements made in this Emergency Petition to Prevent Removal of Children from Jurisdiction Pursuant to PA. R. Civ. P. 1915.13 and Request for Immediate Hearing are true and correct to the best of his knowledge, information and belief. Petitioner understands that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904, relating to unswom falsification to authorities. - 4WAQLA?k Cheryl M. Amsbau Dated: March 22, 2002 S i i ii flc rf Oh' Sh.lAYICE I, Jeffrey R, Boswell, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document to the lollowing: Melissaa Peel Greevy, Esquire Custody Conciliator 301 Market Street Lemoyne, PA 17043 Gary L. Kelley 132-134 Walnut Street I larrisburg, PA 17101 Method ol'Service: First class mail Certified mail/Restricted Delivery Hand-delivery _X_ Via Fax BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: %L Mf%ey R. Boswell, Esquire Dated: Mauch 22, 2002 . ". lL! r: Ll CHERYL L. AMSBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 98-4384 MICHAEL G. AMSBAUGH, : CIVIL ACTION - LAW Defendant : CUSTODY Bayley, J. - ORDER OF COURT AND NOW, this. '?O day of January, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The Order of October 23, 2000, shall remain in full force and effect with the following modifications: A. Father shall be permitted reasonable telephone contact with the minor Child which, at minimum, shall include a telephone call between 8:00 p.m. and 8:30 p.m. each Wednesday evening. Additionally, the Child may initiate a telephone call to the non-custodial parent upon her request. B. Mother shall continue to take the Child to counseling which was initiated on or about October 23, 2001. Each parent shall participate as requested by the Child's therapist. Additionally, the parents shall participate in such additional counseling as the Child's therapist may think would be beneficial to the Child. Father is to contact the therapist by January 14, 2002. In the event that therapist has input to offer with regard to the alleged resistance to contact the Father and with regard to the appropriate custodial schedule, the counselor shall provide this input to counsel for the parties. 2. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parents shall establish a no-conflict zone for their Child and refrain from making derogatory comments about the other parent in the presence or earshot of the Child and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the Child. I Ewa®n i No. 98.4384 - Civil Term 3, Each party shall be entitled to two non-consecutive weeks of vacation to include their custodial weekend. Vacation time shall run from Friday to Sunday encompassing a total of ten days. Each party shall provide thirty days written notice to the other parent of the time chosen for vacation. In the event that the vacation times overlap, the party first providing written notice to the other parent shall have the choice of vacation time. The non-vacationing parent shall confirm their understanding of the vacation schedule in writing to the other parent. BY THE Edgar B. Bayley, Dist: (,Jeffrey R. Boswell, Esquire, PO Box 741, Harrisburg, PA 17108-0741 Gary 1. Kelley, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101 C 0P4.1-11 Q 0 i -oz ,_ ,.; ,.., „ L?Y_.i.-? .,J? G`i p . ? (` ??! Lfi:' ????lJ????/?yl?? ?. ?, „?., ?In? ilk' ?? ?:I . %2 1' ?. t ?F CHERYL L. AMSBAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. MICHAEL G. AMSBAUGH, Defendant NO. 98-4384 CIVIL ACTION - LAW 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Amanda N. Amsbaugh April 16, 1992 Mother 2. The parties were seen with counsel on January 9, 2002, pursuant to Father's October 28, 2001, Petition for Contempt. Mother filed no pleadings in response. It should be noted for the record that there is a Protection From Abuse Order between the parties which shall expire on February 16, 2002. Attending the Custody Conciliation Conference were the Mother, Cheryl L. Amsbaugh, and her counsel, Jeffrey R. Boswell, Esquire; the Father, Michael G. Amsbaugh, and his counsel, Gary E. Kelley, Esquire. 3. The parties reached an agreement on counseling for themselves and the minor Child, telephone contact and vacation time. For some of these agreements Father agreed to hold his Petition for Contempt in abeyance for a period of sixty days from the date of this Order. That sixty-day period will serve to provide an opportunity for Mother to demonstrate he r compliance with this Order and with the Order of October 23, 2000. At the conclusion of the sixty-day period counsel for the Petitioner/Father shall initiate a telephone Conference with the Conciliator and opposing counsel. If needed, the Custody Conciliation Conference shall be scheduled to reconvene. 4. At the time of the Custody Conciliation, Mother proposed to make several modifications in the physical custody and holiday schedule. However, the parties did not reach an agreement, and in as much as Mother has not filed a to Petition to Modify the present Order, these parts of the present Order will not be changed. L Date eli s eel Greevy, Esquire Custody Conciliator a. f. CIII'RYI, L. AMSBAUGII IN TI II: COURT OF COMMON PLEAS OF PLAINTIFF CUMBFItLAND COUNTY, PENNSYLVANIA V. 98-4384 CIVIL ACTION LAW MICIIAEL G. AMSBAUGII DEFENDANT IN CUS'T'ODY ORDF,R OF COURT AND NOW, Tuesday, October 30, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Wednesday, November 28, 2001 at 12:30 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/ Melissa P Greevy, 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 mast 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 Olt TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 l ei"'ll CHERYL L. AMSBAUGII, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 98-4384 MICHAEL G. AMSBAUGH, CIVIL ACTION - CUSTODY Defendant ORDER OF COURT AND NOW, , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Esquire, the Conciliator, at , Pennsylvania, on the day of 2001, at 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 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 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 CET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT HOUSE FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 CHERYL L. AMSBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 98-4384 MICHAEL G. AMSBAUGH, CIVIL ACTION - CUSTODY Defendant DEFENDANT'S PETITION FOR CONTEMPT FOR PLAINTIFF'S FAILURE TO FOLLOW CUSTODY ORDER AND NOW, comes the Petitioner/Defendant, Michael G. Amsbaugh, by and through his attorney, Gary L. Kelley, and respectfully Petitions this Honorable Court as follows: 1. Petitioner is Michael G. Amsbaugh, the Defendant in the above captioned matter. 2. Respondent/Plaintiff is Cheryl L. Amsbaugh. 3. The parties are the parents of one (1) minor child, Amanda N. Amsbaugh, DOB 4/16/92. 4. By an Order dated October 23, 2000 by this Honorable Court, the parties were directed, inter alia, to share legal custody of the minor child and Respondent was to have primary physical custody of the minor child subject to Petitioner's periods of alternating physical custody- A true and correct copy of this Order is attached hereto as Exhibit "A." 5. The parties were further directed to cooperate in counselling to improve the relationship between father and child. >k ???IRII?®1?111? .. v G. Respondent/Plaintiff has refused to cooperate in any counselling despite numerous requests by father to Respondent/Plaintiff. 7. Since the imposition of this Order, Respondent/Plaintiffhas engaged in a campaign of parental alienation against father informing the child, among other things, that her father is a dangerous man and cannot be trusted. 8. Since this time, Respondent/Plaintiff has frequently unilaterally withheld telephone contact with the child from father without cause. 9. More recently, Respondent/Plaintiff has withheld telephone contact from father in excess of one (l) month. 10. Since the imposition of the Order, Respondent/Plaintiff has unilaterally withheld the child from regularly scheduled periods of alternating physical custody with father. 11. More recently, Respondent/Plaintiff attempted to withhold the child from father this past weekend without prior notice to and consent of father. 12. All of Respondent's/Plaintiffs actions are in direct violation of this Honorable Court's Order dated October 23, 2000. 13. Without the intervention of this Honorable Court, Respondent/Plaintiff will continue to disobey this Court's Order and continue to attempt to alienate father from the minor child. 14. Respondent's/Plaintiffs actions are contrary to the best interests of the minor child. WHEREFORE, the Petitioner/Defendant respectfully requests that this Honorable Court find Respondent/Plaintiff in contempt of its Order dated October 23, 2000 and grant such relief as it finds appropriate. b,L Kell ey 4G801 132-134 Walnut St Harrisburg, PA 17101 (717) 233-1484 Attorney for Petitioner/Defendant VERIFICATION I hereby verify that the statements contained herein are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date:-®? ®` EXHIBIT "A" OCT 2 0 20U1Y CHERYL L. AMSBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 98-4384 MICHAEL G. AMSBAUGH, : CIVIL ACTION - LAW Defendant CUSTODY i44 ACT loop 9RDEROF CQV1RT AND NOW, this ?3 day of C o b e 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby directed and ordered as follows: 1. Legal CustOdV. The Mother, Cheryl L. Amsbaugh, and the Father, Michael G. Amsbaugh, shall have shared legal custody of the minor Child, Amanda N. Amsbaugh, born April 16, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. In the event the parties are not able to agree, Mother, having primary physical custody, shall have the right and responsibility to make the final decision. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Primary physical custody shall be in Mother subject to Father's rights of partial physical custody as follows: A. Weekends. Beginning October 6, 2000, Father shall have custody on alternate weekends from Friday after school until the Child is taken to school the following Monday morning. B. Christmas. On December 24th, 2000, and even-numbered years thereafter, Father shall have physical custody from 9:00 AM until 9:00 PM. Mother shall have physical custody from December 24th at 9:00 PM until December 25th at 4:00 PM. C. Thanksgiving. In the event that Father's weekend falls on Thanksgiving weekend, Father shall have custody for Thanksgiving from Thanksgiving Day at 10:00 AM until Monday morning when he shall return the Child to Mother. In the event that Thanksgiving weekend does not fall on Father's weekend, Father shall have Thanksgiving custody from Thanksgiving Day at 10:00 AM until Friday at 10:00 AM. No. 98-4384 D, Lhnoi Hlu the year 200 'ind subsegUUnt odd-numbered years I ater sh ;ll hav Labor Day anJ Memorial Day. In even-numbered years Mother shall have Labor Day and Memorial Day. In even-numbered years Father shall have July the 4th and in odd-numbered years Mother shall have July the 4th. In the event that these holidays do not coincide with one parent's custodial weekend, the custodial period for these holidays shall be from 10:00 AM until 9:00 PM, unless otherwise agreed. Mother's Day shall be with Mother and Father's Day shall be with Father. The custodial period for these days shall be from 10:00 AM until 9:00 PM. The parties understand and agree that holidays take precedence over the normal weekend schedule. E. Eas er. The custodial period for Easter shall be from 10:00 AM until 9:00 PM on Easter Sunday. In the event that Easter falls on Father's custodial weekend, Mother shall have custody on the Saturday prior to Easter from 10:00 AM until 9:00 PM. In the event that Easter falls on Mother's custodial weekend, Father shall have custody from 10:00 AM until 9:00 PM on Saturday prior to Easter. F. Amanda's Birthday. In the event that Amanda's birthday falls on a weekday, Father shall have custody from 3:30 PM until 6:00 PM, after which he shall return the Child to a restaurant designated by her Mother. In the event that Amanda's birthday falls on a weekend, the parent having the weekend in the ordinary schedule shall also have Amanda's birthday. G. Parents' Birthdays. Father shall have custody on April 1 st from 10:00 AM until 9:00 PM. Mother shall have custody on September 4th from 10:00 AM until 9:00 PM, Mother's birthday shall supercede the plan for Labor Day weekend in the event that her birthday shall fall on Labor Day weekend. H. Vacation. Upon a thirty-day written notice to either party, each party is entitled to two non-consecutive weeks of vacation each year to coincide with their custodial weekend. 3. Neither party shall do anything which may estrange the Child from the other parent, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love or respect for the other parent. 4. Neither party shall take the Child out of the state of Pennsylvania without notification to the other parent. No. 98-4384 6. Father shall continue with anger management counseling for a period as long as is clinically indicated as determined by his therapist. 7. During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages. The parties shall likewise assure, to the extent possible, that other household members and/or household guests comply with this prohibition. 8. Transportation. It shall be acceptable for the exchange point for periods of custody to be at the Child's school, or alternatively, it shall be permissible for Father to pick the Child up at Mother's home. On those occasions, Father shall remain in the car and wait for the Child to come out of the Mother's home. 9. The parties shall arrange for the Child to be involved in outpatient counseling with Father. Mother shall also be included if the therapist so indicates. The goals for therapy are to address the improvement of the relationship between the Child and her Father and to assist the Child in managing the stresses of the parties' separation and divorce. Mother has agreed to pay for the copay and the parties have agreed to choose a therapist who participates with Mother's health insurance plan. In order to facilitate the improvement of the relationship between the Father and the minor Child, Father shall be allowed an additional period of custody from after school until 8:00 PM on the evenings during which her therapy appointments are scheduled. It is contemplated that Father may have additional periods of partial custody during the week in the future, institution of which shall be guided by the Child's therapist. 10. The parties agree to promote reasonable telephone contact between the Child and both parents. BY THE COURT, Edgar . Bayley, J. Dist: Jeffrey R. Boswell, Esquire, Boswell, Tintner, Piccola & Wickersham, 313 N. Front St., PO Box 741, Harrisburg, PA 17108-0741 Gary L. Kelley, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101 In Testirl-err. `, I here unlo set my hand and the seal of said Court at Carlisle, Pa. Thi .....23,.. of... ...., as rotllonotary O ?-. ?? :i "1 ?.? \ c' ? .. .? ` t0 -G ? _` _ ?' OC i' 0 2000 CHERYL L. AMSBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 98-4384 MICHAEL G. AMSBAUGH, : CIVIL ACTION - LAW Defendant CUSTODY -ORDER_QF COURT AND NOW, this day of 06<kt , 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby directed and ordered as follows: 1. Legal Custod The Mother, Cheryl L. Amsbaugh, and the Father, Michael G. Amsbaugh, shall have shared legal custody of the minor Child, Amanda N. Amsbaugh, born April 16, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. In the event the parties are not able to agree, Mother, having primary physical custody, shall have the right and responsibility to make the final decision. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody, Primary physical custody shall be in Mother subject to Father's rights of partial physical custody as follows: I A. Weekends. Beginning October 6, 2000, Father shall have custody on alternate weekends from Friday after school until the Child is taken to school the following Monday morning. B. Christmas. On December 24th, 2000, and even-numbered years thereafter, Father shall have physical custody from 9:00 AM until 9:00 PM. Mother shall have physical custody from December 24th at 9:00 PM until December 25th at 4:00 PM. C. Thanksgiving. In the event that Father's weekend falls on Thanksgiving weekend, Father shall have custody for Thanksgiving from Thanksgiving Day at 10:00 AM until Monday morning when he shall return the Child to Mother. In the event that Thanksgiving weekend does not fall on Father's weekend, Father shall have Thanksgiving custody from Thanksgiving Day at 10:00 AM until Friday at 10:00 AM. No. 98-4384 D. Other Holidays. In the year 2001 and subsequent odd-numbered years Father shall have Labor Day and Memorial Day. In even-numbered years Mother shall have Labor Day and Memorial Day. In even-numbered years Father shall have July the 4th and in odd-numbered years Mother shall have July the 4th. In the event that these holidays do not coincide with one parent's custodial weekend, the custodial period for these holidays shall be from 10:00 AM until 9:00 PM, unless otherwise agreed. Mother's Day shall be with Mother and Father's Day shall be with Father. The custodial period for these days shall be from 10:00 AM until 9:00 PM. The parties understand and agree that holidays take precedence over the normal weekend schedule. E. Easter. The custodial period for Easter shall be from 10:00 AM until 9:00 PM on Easter Sunday. In the event that Easter falls on Father's custodial weekend, Mother shall have custody on the Saturday prior to Easter from 10:00 AM until 9:00 PM. In the event that Easter falls on Mother's custodial weekend, Father shall have custody from 10:00 AM until 9:00 PM on Saturday prior to Easter. F. Amanda's Birthday. In the event that Amanda's birthday falls on a weekday, Father shall have custody from 3:30 PM until 6:00 PM, after which he shall return the Child to a restaurant designated by her Mother. In the event that Amanda's birthday falls on a weekend, the parent having the weekend in the ordinary schedule shall also have Amanda's birthday. G. Parents' Birthdays. Father shall have custody on April 1st from 10:00 AM until 9:00 PM. Mother shall have custody on September 4th from 10:00 AM until 9:00 PM, Mother's birthday shall supersede the plan for Labor Day weekend in the event that her birthday shall fall on Labor Day weekend. H. Vacation. Upon a thirty-day written notice to either party, each party is entitled to two non-consecutive weeks of vacation each year to coincide with their custodial weekend. 3. Neither party shall do anything which may estrange the Child from the other parent, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love or respect for the other parent. 4. Neither party shall take the Child out of the state of Pennsylvania without notification to the other parent. 5. The parties shall keep each other informed of their address and telephone number at all times. No. 98-4384 6. Father shall continue with anger management counseling for a period as long as is clinically indicated as determined by his therapist. 7. During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages. The parties shall likewise assure, to the extent possible, that other household members and/or household guests comply with this prohibition. 8. Transportation. It shall be acceptable for the exchange point for periods of custody to be at the Child's school, or alternatively, it shall be permissible for Father to pick the Child up at Mother's home. On those occasions, Father shall remain in the car and wait for the Child to come out of the Mother's home. 9. The parties shall arrange for the Child to be involved in outpatient counseling with Father. Mother shall also be included if the therapist so indicates. The goals for therapy are to address the improvement of the relationship between the Child and her Father and to assist the Child in managing the stresses of the parties' separation and divorce. Mother has agreed to pay for the copay and the parties have agreed to choose a therapist who participates with Mother's health insurance plan. In order to facilitate the improvement of the relationship between the Father and the minor Child, Father shall be allowed an additional period of custody from after school until 8:00 PM on the evenings during which her therapy appointments are scheduled. It is contemplated that Father may have additional periods of partial custody during the week in the future, institution of which shall be guided by the Child's therapist. 10. The parties agree to promote reasonable telephone contact between the Child and both parents. BY THE COURT /. Edgar*B Bayley, J. Dist: Jeffrey R. Boswell, Esquire, Boswell, Tintner, Piccola & Wickersham, 313 N. Harrisburg, PA 17108-0741 Gary L. Kelley, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101 A.00 11 ?e0 ?? St., PO Box 741, 0 FM hm CHERYL L. AMSBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 98-4384 MICHAEL G. AMSBAUGH, CIVIL ACTION - LAW Defendant CUSTODY CUSTODY CQNCILIATION SUMMARY REP0&T IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Amanda N. Amsbaugh April 16, 1992 Mother 2. A Conciliation Conference was held on September 27, 2000, with the following individuals in attendance: The Mother, Cheryl L. Amsbaugh, and her counsel, Jeffrey Boswell, Esquire; the Father, Michael G. Amsbaugh, and his counsel, Gary L. Kelley, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. IU AZD P-0 Qw Date Melissa Peel Greevy, Esquire Custody Conciliator CIIERYL L. AMS13AUGII IN THE C'OURTOh COMMON PLIsAS OF PLAINTIFF CUM131'sR1.AND COUN'I'1', V 1'IiNNSYLVANIA . MICIIAEL G. AMSI3AUG11 DEFENDANT 98-4384 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of August , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beftbreMelissa P. Greevy Esg, the conciliator, at 214 Senate Avenue, Suite 105, Cam Hill, PA 17011 on the 27th day of September , 2000, at 1:00 p.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 he 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. Musa P Greevv ca 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 1 HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO T'O OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 'kEEF`Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 :Z.l.; a, ), „ ?1 ?? ., ?i .. ._ ?l ?l O c?'ty LGGf ? L6'??J /J(fLrX!? 11 +??-?-5?y O?R? ? ?? -pp 71y? ? ?ortzc??? l ?' ??????" J x? AUG 1 5 200VJ9 -Cheryl Amsbaugh, Plaintiff 'I'IIE COURTOf COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. It `5 - 1-4,5,44 NO. 119-fit` Michael Amsbaugh, : PROTECTION FROM ABUSE Defendant PROTECTION FROM ABUSE ORDER Defendant's Name: Michael Amsbaugh Defendant's Date of Birth: 4/1/68 Defendant's Social Security Number: 195-62-9970 Name of Protected Person: Cheryl Amsbaugh AND NOW, this day of ? 10 fit, 2000, upon consideration of the attached Consent Agreement concerning Protection from Abuse, the court hereby enters the following Order: [x] 1. Defendant shall not abuse, cause reasonable fear of abuse, threaten with violence or harass plaintiff, whether personally or through his agents. [x] 2. Except for contact pertaining to the parties' minor child, Amanda, the defendant shall not have any direct or indirect contact with the plaintiff at any location, including but not limited to any contact at Plaintiff's residence, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at an undisclosed location which is not owned or leased by Defendant, and Plaintiff's place of employment located at Georgia Pacific, Walnut Street, Harrisburg, Pennsylvania. [x] 3. Defendant shall not harass or stalk plaintiff or plaintiff's relatives. [x] 4. Except for such contact with the minor child, Defendant shall not contact Plaintiff by telephone or any other means, including through third persons. Any phone calls in reference to the child should be made to Plaintiff's residence only and not at her place of employment. [x] 5. The Mechanicsburg Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs, by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without necessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.A. C.S. §6113). [x] 6. BRADY INDICATOR: a) The Plaintiff and the Defendant are married. Defendant is the father of Amanda Amsbaugh. b) This order is being entered through a consent agreement. c) This Order restrains the Defendant from harassing, stalking, or threatening the Plaintiff. d) Defendant represents a credible threat to the physical safety of the Plaintiff. e) The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. [x] 7. The parties intend to be legally bound by the terms of this agreement and request that a Protection Order be entered to reflect the above terms. Said Order shall remain in effect for eighteen (18) months unless extended by further order of court. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. § 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §§ 2261-2262. IF YOU TRAVEL OUTSIDE OF T1IE STATE AND INTENTIONALLY VIOLATE THIS ORDER YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261 -2262. IF PARAGRAPH 12 OF THIS ORDER HAS ; BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §§ 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR. AMMUNITION. NOTICE TO LAW ENFORCEMENT OPrICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs I through 7 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. § 6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The [insert the appropriate name or title] shall maintain possession of the weapons until further order of this court. When the defendant is placed under arrest for violation of the order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hearing. THE QOUXT, Judge 'All r• i• C? t Z` V Cheryl Amsbaugh, Plaintiff V. Michael Amsbaugh, Defendant 'rim. COURT OP COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA NO. ')8-4834 PROTECTION FROM ABUSE CONSENT AGREENIENT This Agreement is entered on this ins day of QixA u y ,2000 by the plaintiff, Cheryl Amsbaugh, and the defendant, Michael Amsbaugh, each of whom is represented by counsel, as indicated below. Without admitting the allegations of abuse, the defendant agrees that the Court shall enter Orders containing the following terms: COUNT 1: PROTECTION FROM ABUSE 1. Defendant shall not abuse, cause reasonable fear of abuse, threaten with violence, or harass plaintiff, whether personally or through his agents. 2. Except for contact pertaining to the parties' minor child, Amanda, the defendant shall not have any direct or indirect contact with the plaintiff at any location, including but not limited to any contact at Plaintiff's residence, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at an undisclosed location which is not owned or leased by Defendant, and Plaintiff's place of employment located at Georgia Pacific, Walnut Street, Harrisburg, Pennsylvania. 3. Defendant shall not harass or stalk plaintiff or plaintiff's relatives. 4. Except for such contact with the minor child, Defendant shall not contact Plaintiff by telephone or any other means, including through third persons. Any phone calls in reference to the child shall be made to Plaintiff's residence only and not to her place of employment. 5. The Mechanicsburg Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs, by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without necessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.A. C.S. §6113). 6. BRADY INDICATOR: a) The Plaintiff and the Defendant are married. Defendant is the father of Amanda Amsbaugh. b) This order is being entered through a consent agreement. c) This Order restrains the Defendant from harassing, stalking, or threatening f the Plaintiff. d) Defendant represents a credible threat to the physical safety of the Plaintiff. I e) The terms of this Order prohibit Defendant from using, attempting to use, or j threatening to use physical force against the Plaintiff or protected person that would reasonably j be expected to cause bodily injury. I j 7. The parties intend to be legally bound by the terms of this agreement and request that a Protection Order be entered to reflect the above terms. Said Order shall remain in effect for eighteen (18) months unless extended by further order of court. r COUNT 2: CUSTODY 8. All matters related to Custody of the parties' daughter Amanda shall be referred to a Custody Conciliator in Cumberland County, Pennsylvania. If all custody issues cannot be resolved through the conciliation process, custody shall then be determined under the procedures of the Court. 9. The custody provisions in the Temporary Protection From Abuse Order entered on April 11, 2000, shall remain in effect unless and until modified by agreement of the parties or further Order of the Court. amts et n a vd? Melinda A. avis aw Hey, Esq Certified Legal Intern Wal nut St. rg, PA 17101 homas M. Place Robert E. Rains Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 { r? `' n C-D 08/17/00 '1'l1U 14:34 FAX 717 240 U573 C113111 CO PROTHONOTARY l . 88 xtq:EK:ktt8 Efi 8:I:St:kEBS 1 :k:kx ll'x REPORT :c:k:k:r•a:x:k:kxxsxssa:?xxaxx '1'RANS111 SS I ON OK '1'X/RX NO CONNECTION 7711. CONNECTION IIl S'1'. 'rih1E USAGE 'I' PCS. RESUTA' 2081 02400770 08/17 14:29 05'00 7 OK IQ IIUI IN TI II: C'OUR"I' OI' COMNION Pl. I'laintil'I' Michael Am5bang11, Defendant AND NOW, this ('UMBI:RLAND C'OUNTN', I'F.NNS)'LVANIA l„v NO.Nf1-4384 CIVILTHM plZOTI:CfION FROM ABUSIi av%ot'.lune, 2000, upon consideration of the attached Motion for Continuance, the matter Scheduled for hearing on June 20, 2000, by this COUITS Order of May 24, 2000, is hereby rescheduled for hearing on ALIOUSt 8.2000 at 3.00 p.m. in Courtroom No. 3. The 'temporary Protection From Abuse Order shall remain in el'fect for a period of one, year from the date it was entered or until further Order of Court, whichever comes first. By tile COUrt. offer, Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff Gary Kelley LANV OFFICE OF GARY KELLEN' Attorney for Defendant Cheryl Amsbaugh Plaintiff' Michael Amsbaugh, Defendant IN TI II: COURT 01: COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-4334 CIVILTERM PROTECTION FROM ABUSE' 'file Plaintiff, Cheryl Amsbaugh, by and through her attorney, .loan Carey of Legal Services, Inc., moves the Court tier an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Continuance was tiled on May 24, 2000, scheduling a hearing for June 20, 2000, at 3:30 p.m. 2. The parties agree, by and through their counsel, to a Continuance to afford them time to execute a Consent Agreement. 3. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. WI-IEREFORE, the Plaintiff requests that the Court grant this Motion reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. Respectfully dnnitted, Joan Carey, Attorney f 11aintiff LEGAL SERVICES, C. 3 Irvine Row Carlisle, PA 17013 (717) 2430400 ?`?, Amsbaugh Plaintiff -IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Michael Amsbaugh, Defendant NO. 98-4384 CIVIL TERM PROTECTION FROM ABUSE AND NOW, this day of May, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on May 24, 2000, by this Court's Order of April 19, 2000, is hereby rescheduled for hearing on June 20, 2000, at 3:30 p.m. in Courtroom No. 3. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. By the Court, ,e E. AHoffer, Presid t Judge Joan Carey LEGAL SERVICES, INC. -or e.d.c-• j?j Attorney for Plaintiff /?. S Gary Kelley LAW OFFICE OF GARY KELLEY Attorney for Defendant c r. Cheryl Amsbaugh : IN TILE COURT OF COMMON PLEAS OF Plaintiff V. CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4384 CIVILTERM Michael Amsbaugh, Defendant : PROTECTION FROM ABUSE The Plaintiff, Cheryl Amsbaugh, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an order rescheduling the hearing in the above-captioned case on the grounds that: I . A Continuance was issued by this Court on April 19, 2000, scheduling a hearing for May 24, 2000, at 3:30 p.m. 2. The parties, by and through their counsel, agree that the hearing be rescheduled. 3. The Family Law Clinic has agreed to enter an appearance of counsel for Plaintiff in the above referenced case; however, they are unavailable on May 24, 2000. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further order ofCourt, whichever comes first. Respectfully submitted, G/ oan Carey, Attorney f Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 ;. ;` ?? -i - _:] '? K THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY. PENNSYLVANIA VS. NO.98-4384 CIVIL TERM Michael Amsbaugh. Defendant :PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled for the .? day of xT_, 2000, at _ } - ?? ., in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C.§2261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. 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 HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Cheryl Amshaugh Plaintiff Vs. Michael Amsbaugh, TI IE COURT OP COMMON PLEAS :OFCUMBERLAND COUNTY, PENNSYLVANIA :NO. 98-4384 CIVIL TERM Defendant :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Michael Amsbaugh Defendant's Date of Birth:4/1/68 Defendant's Social Security Num' er:195-62-9970 Name of Protected Person: Che 1 Amsbaugh AND NOW, this da of April, 2000, upon consideration of the attached Petition for Protection fr Abuse, the court hereby enters the following Temporary Order: ® 1. Defendant shall not abuse, harass, stalk or threaten the above person in any place where she might be found. ® 2. Defendant is evicted and excluded from the residence located at 773 Old Silver Springs Road, Cumberland County, Pennsylvania, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. ® 3. Except for such contact with the minor child as may be permitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at an undisclosed location which is not owned or leased by Defendant, and Plaintiffs place of employment located at Georgia Pacific, Walnut Street, Harrisburg, Pennsylvania. Transfer of custody of the parties' child shall occur at the residence of Defendant's mother or if she is not available at a mutually agreed location. ® 4. Except for such contact with the minor child as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. Any phone calls in reference to the child should be at Plaintiffs residence only and not at her place of employment. ® 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child: Amanda Amsbaugh (DOB4/16/92). Until the final hearing, all contact between Defendant and the child shall be limited to the following: Plaintiff shall have primary physical and legal custody. Defendant shall have partial custody of the child at times and places agreed upon by the parties. Custody exchange shall occur at the paternal grandmother's residence. If the paternal grandmother is unavailable, exchange shall occur at a public, mutually agreed upon location. ? 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ® 7. The following additional relief is granted: The Cumberland County Sheriffs Department shall attempt to make service at Plaintiffs request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff and/or the child in the jurisdiction or district or furnish any address or any other demographic information about Plaintiff and/or child except by further Order of Court. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives. ® 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: A certified copy of this order will be forwarded to the proper police departments.- ® 9. THIS ORDER SUPERSEDES ® ANY 1'111012 PFA ORDER AND O ANY PRIOR ORDER RELATING TO C111LD CUSTODY ® 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATE1) 13Y THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings including child custody proceedings under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiffs residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, ?;?i Cheryl Amsbaugh Plaintiff VS. Michael Amsbaugh, Defendant :TI IE COURT OF COMMON PLEAS 01' CUMBERLAND COUNTY. PENNSYLVANIA :NO. 99-4384 CIVIL TERM :PROTECTION FROM ABUSE PE"I TTION FOR PROTECTION FROM ABUSE. 1. Plaintiff's name is Cheryl Amsbaugh. 2. The name of the person who seeks protection from abuse is Cheryl Amsbaugh. 3. Plaintiff's address is at an undisclosed location. 4. Defendant is believed to live at 223 Silver Springs Road. Mechanicsburg, Pennsylvania. Defendant's Social Security Number is 195-62-9970. Defendant's date of birth is 4/1/68. Defendant's place of employment is M.C. Distribution, York, Pennsylvania. 5. Defendant is Plaintiffs husband. 6. Defendant has been involved in the following criminal court action: Defendant has been arrested for harassment and stalking in the past. 7. Plaintiff seeks temporary custody of the following child: Name Address titrthoates Amanda Amsbaugh Undisclosed 4/16/92 8. Plaintiff and Defendant are the parents of the following minor child: Name Ace Address Amanda Amsbaugh 7 years old Undisclosed rill 9. The following information is provided in support of Plaintiff's request for an Order of child custody: (a) The child was not born out of wedlock. (b) The child is presently in the custody of Plaintiff, Cheryl Amsbaugh, who resides at an I; =i i; undisclosed location in Pennsylvania. (c) Since her birth, the child has resided with the following persons and at the following addresses: Child's name Persons child lived with Address When Amanda Amsbaugh Plaintiff and 409 Beaver Rd. 9/93 to 6/95 Defendant Enola. PA Amanda Amsbaug Plaintiff and 773 Old Silver 6/95/to/4/98 Defendant Springs Rd. Mechanicsburg Amanda Amsbaugh Plaintiff 773 Old Silver 4/98 to present Springs Rd. Mechanicsburg (d) Plaintiff, mother of the child, is currently residing at an undisclosed location in Cumberland County. Pennsylvania. (e) She is married. (E) Plaintiff currently resides with the following persons: Name Relationship Amanda Daughter Susan Zych Friend Jeannie Zych Friend's Daughter (g) Defendant, Michael Amsbaugh, the father of the child is believed to reside at 223 Silver Springs, Road, Mechanicsburg. (h) He is married. (i) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. (j) Plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. (k) Plaintiff does not know any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. (1) The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter lirr reasons including; 1) the lace that Plaintiff is a responsible parent who has provided lirr the emotional and physical needs ofthe child since her birth, and who can best continue to tike care ol'the minor child. b) Dcfendant has shown by his abuse ol'Plaintily that he is not an appropriate role model for the minor child. 10. 'the facts of the most recent incident of abuse are as follows On or about March 23, 2000, Defendant threatened Plaintiff demanding that she better be at the residence when he got there because one way or another she'd have to lace him or he'd see her dead. Later, Defendant further threatened PlaintifT that she better be careful and watch her back because he could return to the residence at any time exacerbating her fear. l 1. Defendant has committed the following prior acts of abuse against Plaintiff. a. In or around the beginning of June 1999, Defendant sat in his truck and waited 1'or Plai tiff n outside of her home. When Plaintiff left the residence, Defendant approached her and stated that he wanted to have sex with her. When Plaintiff got into h er car, Defendant approached her with his fist raised as if he were going to punch the wind ow, pulled on the door handle, and broke it off. She drove away to avoid further abuse. b• In or around the end of May 1999, Defendant called Plaintiff and threatened that he had a gun and when she returned home from work?she would find his brains all over. The Defendant further thr t ' " ea ened, I No, ll wait for you and do you first!" causing Plaintiff to fear for her life. Defendant waited out id s e Plaintiffs work for her, followed her home, and once in the parking lot of her residence u , screamed vile names at her, C. Defendant and Plaintiff were separated in 1998 and Plaintiff filed for divorce. Plaintiff filed a P t i . ro ect on From Abuse Order against Defendant on or about July 30, 1998, which expired under a en co ti l g era n nuance on or about Ally 30, 1999. Since then, Defendant has abused Plaintiff in ways incl di r u ng, but not limited to, the following; slapped, punched, strangled, and forcefully pushed her o t n o the ground. Defendant has thrown things at Plaintiff, threatened to kill her, and to burn down th k e residence. 12 The following police department or law enforcenlent agency in the area in which Plaintiff lives should be provided with it copy of the Protection Order: The appropriate police departments will be sent it certified copy of this Order. 13. "There is an immediate and present danger of further abuse from the Defendant. WI IL'REFORE, PLAINTIFF REQUESTS TI IAT TI IE COURT ENTER A TEMPORARY ORDER. AND AFTIat I TEARING. A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. B. Order Defendant to stay away from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Award Plaintiff temporary custody of the minor child and place the following restrictions or contact between Defendant and child: Plaintiff shall have primary physical and legal custody of the child. Defendant shall have partial custody of the child at times and places agreed upon by the parties. Custody exchange shall occur at the paternal grandmother's residence. If the paternal grandmother is unavailable, exchange shall occur at a public, mutually agreed upon location. D. Prohibit Defendant from having any contact with Plaintiff either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiffs residence, or place of employment, except as the Court may find necessary with respect to partial custody and/or visitation with the minor child. E. Prohibit Defendant from having any contact with Plaintiffs relatives, except as the court may find necessary with respect to partial custody and/or visitation with the minor child. F. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Enc.'s funding sources for the cost of litigation in this case. H. Order the following additional relief, not listed above: a. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. b. Defendant is to refrain from harassing Plaintiffs relatives. 1. Grant such other relief as the court deems appropriate. Order the police or other law enfin•ccnunt agency to serve Defendant with a copy of this Petition, any Order issued, and the Order lirr I (caring. Plaintiff will inlorm the designated authority ofany addresses, other than Defendant's residence, where Defendant can be served. PlaintifTprays firr such other relief as may bejust and proper. Respectfully submitted a I I./Joan Carey Attorney for Plaintiff' LEGAL SERVICES. INC. S Irvine Row Carlisle, PA 17013 (717) 243-9400 I verify that I am present action and that above Petition are true I understand that any f penalties of 18 Pa.C.S. to authorities. VERIFICATION the the and alse §49 petitioner as designated in the facts and statements contained in the correct to the best of my knowledge. statements are made subject to the 04, relating to unsworn falsification .(.r? kh Dated: .C C eryl Amsbaugh, ainti f r n - 2 ti V. Michael Amsbaugh, Defendant NOR 41fl- 4384 CIVIL TERM PRO'T'ECTION FROM ABUSE AND NOW, this day of April, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on April 20, 2000, by this Court's Order of April 11, 2000, is hereby rescheduled for hearing on May 24, 2000, at 9:30 a.m. in Courtroom No. 3. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. By the Court, A,Hoffcr?,Pjesident Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff s Gary Kelley LAW OFFICE OF GARY KELLEY Attorney for Defendant ?(s Cheryl Amsbaugh Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. Michael Amsbaugh, Defendant NO. 00-4384 CIVILTERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Cheryl Amsbaugh, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I . A Temporary Protection From Abuse Order was issued by this Court on April 11, 2000 scheduling a hearing for April 20, 2000, at 3:30 p.m. 2. The Cumberland County Sheriffs Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at 318 E. Marble Street, Mechanicsburg, Pennsylvania, on April 11, 2000, at 7:52 p.m. 3. The Defendant's counsel has requested a Continuance due to his unavailability on April 20, 2000. 4. The Plaintiff agrees to a Continuance and understands that the Temporary Protection From Abuse Order remains in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. WHEItEFORE, the PIaintiII'requests that the Court grant this Motion reschedule this inatter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, 1 ;Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 3 Irvine Row Carlisle, PA 17013 (717) 243-9400 =a i !Y 1` SHERIFF'S RETURN - REGULAR CASE NO: 1998-04384 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMSBAUGH CHERYL L ET AL VS AMSBAUGH MICHAEL G BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon AMSBAUGH MICHAEL G the DEFENDANT , at 0019:52 HOURS, on the 11th day of Aoril 2000 at 318 E. MARBLE STREET MECHANICSBURG, PA 17055 by handing to MICHAEL AMSBAUGH a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.20 Affidavit .00 Surcharge 10.00 .00 34.20 Sworn and Subscribed to before t me this /3 y day of CLti,,tQ JGvU A. D. r thonotary So Answers: f R. Thomas Kline 04/12/20 By: Cheryl L. Arn';bough, Plnint,iff IN THE, CnUli•1• nl, CQAIMnN PI,RAS OF for herself and On hehnlf of het' minor CUSIDGRLAND CnftN,j,y, PRNNSYLVAN[A Child: Amanda Amsbaugh V. N0. 9R-g3Rd CR'[I, 'I•('RA1 hfir•hael C,, Arlrsh;--nigh DOfendnnf. , I'RO'I'P'C'I'ION 1•'Rn?l .gRt?Sf% AND (.USTnDY A "')UT R 2 CONT 1JANCE, AND NOW, this day of _ 1998, utrnn rnnSlOnrrlfliOn of the al'Inched Mof.inn for Cnntinur•sna<', fhe homring e srhedul0rl for [he 3rd day of Angma, 199A, nt 1:00 p .m. is hru•ohy continued gen0t•r'dly This Order is entered without prejudir'o to eilhor pat•f:y to t•eguost a henring. 9'he TernPrn%rry Protecl ion 01.1101- shall remain in Pffecl. for one year or until modified n1- Lerminnf.P'1 by fhe cntn C. Certified copies of this order for Continuance will he provided to the Nbehanicshnrg and Hnnpden Poli,-P Depnrtments by the plaintiff's attorney. Joan Carey Attorney For Plaintiff Gary L. Kelley Attorney for Defendant By the court, r !` L tlU?cY??i 1ti?Y1(tY?kc? L i,o C4?cc? ivy t c? AD PC, Cheryl L, Amsbuugh, IN THE, COURT C COMMON PI'FAs OF Plaintiff for herself and on C11-IRP;RI,AND COUNTY, PRNNSYI,VANIA behalf of her minor child: Amanda rlmshaugh NO. 98-4381 CIVII, '1410-1 v. Michael C. Amshaugh, PRO'I'P;C'1'lOi+ I-RO-I Aiwsl?, Defendant AND CUSTODY MOTION FOR CONTINUANCR, The ptaint,iff, Cheryl 1- Amshaugh, by and I:hrough her attorney, Joan Cnrey of Legal Servires, Inc. movos the Court for an Order generally conl.inuing the hearing in the ahove-eapt.ioned case on the grounds that.: 1. A Temporary Protection Order was issued by this Court on July 30, 199% scheduling n Iwaring for r1ugusl; 3, 199% at 3:00 p.m, 2. The defendant has retained Cary 1,. Kelley for this matter, 3. The parLies, by and through their counsel, agree that, the hearing be generally continued to afford them Lime, to negotiate a Consent Agreement. d. The plaintiff requests that the Temporary Prolnctian Order remain in effect: far one year or until modified or terminated by the court after notice and hearing. 5. Certified copies of the Order for Continnance will be delivered to the Mechanicsburg and Hampden Police Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court: grant this Motion and I conlinue• Luis mnUr.r gf.m.f.nlly, nnrl Ilnl. Ihr'fo,mlrcn•:u•y Protection Crdor rcrmaiit in effect, unLi I further Ord, r of four,. P"sheclfully snhmil.lod, I >K? Carey, AI,Lorney fn, Plnint.iff I,MGAL SRRVTCPS, TNC. A Irvine Row CM-1isle, PA 17013 (717) 2.13-9400 n b o _:-5 r1l '7 f Il rn = `.; o vuv.?, .., wpu, PI it iit tiff for herself and on behalf of tier minor child: Amanda Amsbaugh VS. Michael G. Amsbaugh, Defendant YOU HAVE BEEN SUED claims set forth in the hearing scheduled herei against you and it FINAL relief requested in the from your residence and IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO. 98-Lt331-1 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HFAR 1 NG AND ORDER IN COURT. following 9. If you Order may Petition. lose othe if you wish to defend against the papers, you must appear at the fail to do so, the case may proceed be entered against you granting the in particular, you may be evicted r important rights. A hearing on the matter is scheduled for the 3 n`t day of u w 1998, at 3'r79 m., in Courtroom No.o_ of the C mb •Ian?y Courthouse, Car IYsIe, Pennsylvania. You MUST obey the order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. 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. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 .The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ?? ??` ? ? ? ? ,_ .i ?!J ?.. _. ? ?I Cheryl L. Amsbaugh, Plaintiff for herself and on behalf of her minor child: Amanda Amsbaugh VS. Michael G. Amsbaugh, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO. 98- y3FJ CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Michael G. Amsbaugh Defendant's Date of Birth: 4/1/68 Defendant's Social Security Number: 195-62-9970 Names of all Protected Pe ons, including Plaintiff and minor children: Cheryl L Amsbh and Amanda N. Amsbaugh AND NOW, this iii- day of July, 1998, upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: ® I. Defendant shall not abuse, harass, stalk or threaten any of the above protected persons in any place where they might be found. ® 2. Defendant is evicted and excluded from the plaintiff's residence located at 773 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties from which the defendant moved out of voluntarily, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. ® 3. Except for such contact with the minor child as may be permitted under Paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiff's school, business, or place of employment. ? 4. Except for such contact with the minor child as may be Perini tted under paragraph 5 of this Order, Defendant shall not contact Plaintiff by Lelephone or by any other means, including through third persons. ® S. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child: Amanda N. Amsbaugh (DOB 4/16/92). Until the final hearing, all contact between Defendant and the child shall be limited to the following: no contact. The local law enforcement agency in the jurisdiction where the child is located shall ensure that the child is placed in the care and control of the Plaintiff in accordance with the terms of this order. 13 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ® 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives or the minor child. ® 8. A certified copy or th%, Order shall be provided to the police department where -%'aintifr resides and any other agency specified hereafter: Mechanicsburg and Hampden Township Police Departments. ® 9. THIS ORDER SUPERSEDES ® ANY PRIOR PFA ORDER AND ® ANY PRIOR ORDER RELATING TO CHILD CUSTODY ® 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL, REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE.. AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing or appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 6 of this Order, defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this order, which office shall maintain POSS059109 of the weapons until further Order of this Court, unless the wcaPon/s arc evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Joan Carey Attorney for Plaintiff Michael G. Amsbaugh Defendant Pro Se flC.Ll'4.. L.`J. ko 3- C) 1, inp t Cheryl L. Amsbaugh, Plaintiff for herself and on behalf of her minor child: Amanda Amsbaugh VS. Michael G. Amsbaugh, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO. 98-q3F CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNT I 1. Plaintiff's name is: Cheryl L. Amsbaugh. 2. This Petition is filed on behalf of Amanda N. Amsbaugh, who is Plaintiff's daughter. 3. The names of ALL persons, including Plaintiff and minor child, who seek protection from abuse are: Cheryl L. Amsbaugh and Amanda N. Amsbaugh. 4. Plaintiff's address is: 773 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. 5. Defendant is believed to live at the following address: 223 Silver Spring Road, Cumberland County, Pennsylvania. Defendant's Social Security Number is 195-62-9970. Defendant's date of birth is 4/1/68. Defendant's place of employment is M C Distribution. 6. Defendant is Plaintiff's husband and the father of the minor child. 7. Plaintiff seeks temporary custody of the following child: Name Address Birth Dates Amanda N. Amsbaugh 773 Old Silver Spring Road 4/16/92 Mechanicsburg, PA 8. Plaintiff and Defendant are the parents of the following minor child: Name Address Age Amanda N. Amsbaugh 773 Old Silver Spring Road 6 years old Mechanicsburg, PA The following information is provided in support of Plaintiff's request for an Order of child custody- ( a ) The child was riot born out of wedlock. (b) The child is presently in the custody of Plaintiff, Cheryl L. Amsbaugh, who resides at 773 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. (c) During the past five years, the child has resided with the following persons and at the following addresses: Persons child Child's name lived with Address When Amanda N. Plaintiff and 409 Beaver Avenue 9/93 to Amsbaugh Defendant Apartment E 6/95 Enola, PA Amanda N. Plaintiff and 773 Old Silver 6/95 to Amsbaugh Defendant Spring Road 4/98 Mechanicsburg, PA Amanda N. Plaintiff Amsbaugh (d) Plaintiff, the residing at 773 Old Cumberland County, 773 Old Silver 4/98 to Spring Road Present Mechanicsburg, PA mother of the child, is currently Silver Sprig Road, Mechanicsburg, °ennsylvania. (e) She is married. (f) Plaintiff currently resides with the following person: Name Relationship Amanda N. Amsbaugh Daughter (g) Defendant, the father of the child, is currently residing at 223 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. (h) He is married. (i) Defendant currently resides with the following persons. Name Relationship George Amsbaugh Father Sandy Amsbaugh Mother (j) Plaintiff tins not previously participated in any litigation concern irig custody of the above mentioned child in this or any other Court. ( k ) Plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. ( I ) Plaintiff does not know any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. (m) The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: (1) Plaintiff is for the emotional her birth, and who child. a responsible parent who has provided and physical needs of the child since can best take care of the minor (2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor child. 9. The facts of the most recent incident of abuse are as follows: on or about July 19, 1998, the defendant backed his car toward the plaintiff and hit her with his car mirror knocking her onto the ground. The defendant followed the plaintiff into the house, pushed her across the living room, punched her in her side, and grabbed her clothing ripping her shorts. The defendant left and re-entered the residence several times, attempted to push the plaintiff out of his way, and knocked the minor child onto the floor. The defendant ripped the telephone out of the wall causing the plaintiff to fear for her safety. This incident occurred in the presence of the minor child causing the plaintiff to fear for the child's safety. 10. Defendant has committed the following prior acts of abuse against Plaintiff or the minor child: a. Can or about July 18 or July 19, 1998, the defendant flicked the minor child in the head several times with his finger and threatened to hit her when she began to cry, b. Approximately 2 to 3 times a week since the minor child was two years old, the defendant grabbed the child's arms, squeezed her arms, and shook her. C. In or about April 1998, the defendant pushed the plaintiff, hit her in the chest, and tackled her from behind knocking her onto the ground causing the plaintiff to fear. for her safety. d. On or about November I, 1997, the defendant hit the plaintiff about her head and face with it toaster causirig it concussion and a laceration above her left eye which required 12 stitches. e. In or about June or July 1997, after harassing the plaintiff's friend all night with unwanted telephone calls, the defendant became angry at the plaintiff for being on the telephone with her friend and screamed at her to hang up the telephone. The defendant grabbed the telephone out of the plaintiff's hand and hung it up, put his hand over her mouth, restrained her, and punched her several times about the head and upper body. The defendant threatened to make the lives of the plaintiff and friend miserable if they talked again. f. On or about Christmas Day 1996, the defendant threatened to wreck the car with the plaintiff and minor child in the car causing the plaintiff to fear for her life. The defendant punched her in the face causing bruises. g. In or about the spring 1989, the defendant beat the plaintiff about the head and chest causing bruises and choked her causing her to lose consciousnessand leaving finger marks around her neck. h. On several occasions since 1988, the defendant has abused the plaintiff in ways including, but not limited to, the following: slapped and punched her, strangled her, tackled her, threw objects at her, and threatened to kill her. The defendant has threatened to burn the residence down causing the plaintiff to fear for her life and the life of her minor child. i. On several occasions since 1994, the defendant has abused the minor child in ways including, but not limited to, the following: grabbed her, hit her in the head, and pushed and pulled her around the residence. The defendant has threatened the minor child saying that he would knock her teeth down her throat, beat her ass, knock her head off, and pull her hair causing the child to fear. 11. The following police departments or law enforcement agency in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Mechanicsburg and Hampden Township Police Departments. 12. There is an immediate and present danger of further abuse from the Defendant. 13. Plaintiff Defendant from Mechanicsburg, Defendant. is asking the Court to evict and exclude the the residence at 773 Old Silver Spring Road, Pennsylvania, which is owned by Plaintiff and 14. Defendant owes It duty of support to Plaintiff and the minor child. WHEREFORE, PLAINTIFF REQUESTS THAT 'rilE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant harassin l from abusing, threatening, g, or sta king place where Plaintiff m Plaintiff and minor child in any ay be found. H. Evict and exclude and prohibit Defendant Defendant from Plaintiff's residence fr temporary or permanent om attempting to enter any residence of the Plaintiff. C. Award Plaintiff te and place the following mporary custody of the minor child re t i i Defendant and child s r ct ons or contact between : no contact. D. Prohibit Defendant from having any direct personal contact with Plaintiff including, but not limited to, any contact at Plaintiff's school, business, or place of employment, except as the Court may find necessary with respect to partial custody and/or visitation with the minor child. Nonharassing contact by telephone, in writing, or through third persons is not a violation of this Order. E. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this Petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child. F. Order Defendant to pay temporary support for Plaintiff and the minor child, including medical support and payment of the rent or mortgage on the residence. G. Order Defendant to pay the costs of this action, including filing, service fees, and surcharge of $25.00. H. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc's funding source for the cost of litigation in this case. I. Order the following additional relief, not listed above: a. The defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by the plaintiff. a. ? b. 'rhe defendant is to refrain from harassing the plaintiff's relatives or the minor child. J. Grant such other relief as the court deems appropriate. K. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the order for Hearing. The petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Respectfully submitted, 'Vi 'n Carey l/ Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Dated: 7 3G1 c)?? vr.•,a i r• lcn'froN I verify that I am the present action and that the above Petition are true and I understand that any false penalties of 18 Pa.C.S. §491 to authorities. Dated: /`z2-10 petitioner as designated in the facts and statements contained in the correct to the best of my knowledge. statements are made subject to the )4, relating to unsworn falsification C eryl Amsbaugh, Plainti'f 4 W \ lt. `f? '1 (-1 1 .1 ' ? ' 7 ?, _ lJ . 1. 1. . ? ? ?) ?,)?fl ' .J ?_: f • ? (?1 ?\ __- APi'_ fi A q.': r- .'. A`f'-' tit Doc t . r. 7 jtl Ilr _. _ Affli'j%,it 5urc}Aargc= is JUi"tt cfl? 5, 1i5? ( i; ? _ n1E, this -j"" C, APR U 7 2004 CHERYL L. AMSBAUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff N0.98-4384 CIVIL TERM V. CIVIL ACTION - LAW MICHAEL G. AMSBAUGH, IN CUSTODY Defendant BAYLEY, J. ---- TEMPORARY ORDER OF COURT r AND NOW, this qd, day of April, 2004, upon consideration of the attached Custody Conciliation Summary Report and an agreement by the parties, it is hereby ordered and directed as follows: 1. Legal Custody. Cheryl L. Amsbaugh and Michael G. Amsbaugh shall have shared legal custody of the minor child, Amanda N. Amsbaugh, born April 16, 1992. 2. Physical Custody. Mother shall have primary physical custody. 3. Father and Amanda shall participate in therapeutic family counseling at Interworks. The goal of the counseling shall be to assist Amanda in the necessary emotional adjustments to resuming regular contact with her Father, and in a therapeutic setting, to address her concerns and establish what Amanda's needs are in terms of the conditions upon which supervised and unsupervised contact may occur in a way that is emotionally and physically safe for Amanda. Both parents shall participate upon the request of the therapist. It is anticipated that the initial contact between Amanda and Father will begin with visits in the therapist's office. The parties will be guided by the therapist's assessment of Amanda's needs in the establishment of the relationship between Amanda and her Father and which may include a step-wise progression from supervised contact outside of the therapist's office to shorter periods of partial custody prior to the resumption of traditional custodial weekends that include overnight stays. 4. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. N0.98-4384 CIVIL TERM 5. Amanda shall be permitted to attend the 85th birthday celebration of her Father's maternal grandmother on April 10, 2004. Mother will provide transportation incident to the custodial exchange by delivering the child to the maternal grandmother's residence at 3:00 p.m. and returning to pick her up at 8:00 p.m. that day. 6. For a period of twelve hours before and continuing throughout any period of supervised visitation or partial custody with the minor child, Father shall consume no alcoholic beverages whatsoever. BY r B. Bayley, J. Dist: mane M. Dils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102 ,,Jessica Diamondstone, Esquire, 8 Irvine Row, Carlisle, PA 17013 0?1-68-45 ?. ?,??. r ,?: ,? .. i CHERYL L. AMSBAUGH, Plaintiff V. MICHAEL G. AMSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4384 CIVIL TERM 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 child who is the subject of this litigation is as follows: NAME DATE OF BIRTH RTH CURRENTLY IN THE CUSTODY OF Amanda N. Amsbaugh April 16, 1992 Mother 2. A Custody Conciliation Conference was held on March 30, 2004 following Father's February 10, 2004 filing of a Complaint to Modify Custody. Attending the Conciliation Conference were: the Mother, Cheryl L. Amsbaugh, and her counsel, Jessica Diamondstone, Esquire; the Father, Michael G. Amsbaugh, and his counsel, Diane M. Dils, Esquire. 3. The parties reached an agreement in the form of an Order as attached. ,( Z/ L="1 ?z.c ate '_ Melissa Peel Greevy, Esquire Custody Conciliator :226456 CI IERYL L. AMSBAUGII PLAINTIFF V. MICIiAEL G. AMSBAUGII DEFENDANT IN'I'I IE COURTOF COMMON PLEAS OF CUivIHERLANI) C'OI1N-I'1', PI:NNSYI.VANIA 98-4384 CIVIL AC'T'ION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 03, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appc:n• before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Thursday, June 08, 2006 at 12:30 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 :my and all existing Protection from Abuse orders, Special Relict' orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinfl. FOR THE COURT. By: /s/ Melissa P. Greevv, Eso 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 informal ion about accessible the iIities and reasonable accommodations available to disabled individuals having business bcfbre the court, please contact our office. All arrangements most 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 Counry Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r 1 '• r 7 ?t h t ?. 1 r , V? i ?.? ... ... .. .. .... .. _, ? r_., ??h? ?: , C.. ?, gpi,l . tl XdW CHERYL L. AMSBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 98-4384 MICHAEL G. AMSBAUGH, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the Conciliator, at on at _.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. 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: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. 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 CHERYL L. AMSBAUG11, Plaintiff VS. MICHAEL G. AMSI3AUGiI, Defendant IN T11F COURT OF COMMON PLEAS ('I i\'II31iRI.ANU COUNTY, PENNSYLVANIA NO. 98.4384 CIVIL. ACTION LAW CUSTOM, CONIPLAINT TO 1110DIFY CUSTODY ORDER AND NOW, this 18'x' day of April 2006, conies the Del'endant, Michael G. Amsbaugh, by his attorney, Diane M, NIS, Lsquire, and respectfully avers the following: 1. Your MOVant is Michael G. Amsbaugh, an adult individual currently residing at 183 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Plaintiff above-named, Cheryl L. Amsbaugh, is an adult individual currently residing at 15 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant are the natural parents of one child; namely: Amanda N. Amsbaugh, born April 16, 1992. 4. Attached hereto and marked Exhibit "A" is a copy of an Order of Court j dated April 8, 2004, setting forth the custodial provisions concerning the I parties and their child. 5. The parties, since approximately the Fall of 2005, until December 2005, were enjoying shared physical custody of their daughter, week on/week off. 6. On or about April 10, 2006, the minor child was at the mother's home with her live-in boyfriend, when an argument ensued between mother's boyfriend and the minor child. 7. At that time, the minor child was told to, "go live with your dad and get , the f--- out of my house, you fat, ungrateful bitch". 8. The minor child attempted to call her mother and speak with her mother on the telephone, as her mother was at work. 9. Cheryl L. Amsbaugh told her daughter over the phone to, "...get your shit and get your cat and get out...." 10. The minor child has resided with her father since April 10, 2006. 11. It is believed that the best interest of the minor child will be served; by granting primary physical custody to Michael G. Amsbaugh. ,,. ryl' I f (:. ' x 2 c r, 11 . °'1'. j WHEREFORE, Michacl G. Amsbaugh, respectfully requests Your Honorable Court to grant his request. Respectfully submitted, 13`- I Diane M. Dils, Esquire 1400 North Second Street i First Floor, Front Harrisburg, PA 17102 (717) 232-9724 LD. No. 71973 ?5,, , I'l b) ? A Exhibit A RECD;,, nv ? ,?. Tueii.-,? . rj ? u •i , CHERYL L. AMSBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4384 CIVIL TERM V. MICHAEL G. AMSBAUGH, Defendant BAYLEY, J. ---- TEMPORARY ORDER OF COURT CIVIL ACTION - LAW IN CUSTODY AND NOW, this $? day of April, 2004, upon consideration of the attached Custody Conciliation Summary Report and an agreement by the parties, it is hereby ordered and directed as follows: 1. Legal Custody. Cheryl L. Amsbaugh and Michael G. Amsbaugh shall have shared legal custody of the minor child, Amanda N. Amsbaugh, born April 16, 1992. 2. Physical Custody. Mother shall have primary physical custody. 3. Father and Amanda shall participate in therapeutic family counseling at Interworks. The goal of the counseling shall be to assist Amanda in the necessary emotional adjustments to resuming regular contact with her Father, and in a therapeutic setting, to address her concerns and establish what Amanda's needs are in terms of the conditions upon which supervised and unsupervised contact may occur in a way that is emotionally and physically safe for Amanda. Both parents shall participate upon the request of the therapist. It is anticipated that the initial contact between Amanda and Father will begin with visits in the therapist's office. The parties will be guided by the therapist's assessment of Amanda's needs in the establishment of the relationship between Amanda and her Father and which may include a step-wise progression from supervised contact outside of the therapist's office to shorter periods of partial custody prior to the resumption of traditional custodial weekends that include overnight stays. 4. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. NO. 98-4384 CIVIL TERM ..? . ice. . .. 5. Amanda shall be permitted to attend the 85 in birthday celebration of her 2004. Mother will provide transportation Father's maternal grandmother on April 10, incident to the custodial exchange by delivering the child to the maternal grandmother's residence at 3:00 p.m, and returning to pick her up at 8:00 p.m. that day. 6. For a period of twelve hours before and continuing throughout any period of supervised visitation or partial custody with the minor child, Father shall consume no alcoholic beverages whatsoever. BY THE COURT: AF-d r B. Bayley, J. Dist: JeDiane M. Dils, Esquire, 1017 N. ssica ollamondstone, Esquire, BOIrvine rRow, Carlisle, PA A 17M TRUE COPY FROM RECORD In Testimony whe eof, I here unto set my hand an 11e sl of sa d Court at artiste, Pa. Pr th6nota VERIFICATION I verify that the statements made in this complaint to Modify Custody Order 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. D?fCHAEL G. AMSBAUGH Date' April 18, 2006 OYt n rD `-1 C]i f f: rt .a f /f l I i Ytl? L LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Michael G. Amsbaugh t-.r1LKYL L. AMMAUUH, Plaintiff VS. MICHAEL G. AMSBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1998 -4384 Civil Tenn CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Diane M. Dils, Esquire, who being duly sworn deposes and says that a true and correct copy of the Complaint to Modify Custody Order has been served upon the Defendant, Cheryl L. Amsbaugh, at 15 Buttonwood Lane, Carlisle, Pennsylvania 17013, by First Class, United States Mail, Certified No. 7002 1000 0005 1876 7789. y r 1 Attached hereto is the return receipt card executed by her agent dated May 10, 2006, evidencing receipt ofthe same. ianc M. Dils, Gsquirc Sworn and subscribed to before me this /&/"' day ofcu/ ,2006. Votary PUblic NOTARIAL SLARLOBUC ECZKMBORM A A. FINE, NOF HARRfSBURGIN CO. ISSION EA PIB24, 2009 to Complete Items 1, 2, and 3. Also complete Item'4If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the beck of the mallpiece, or on the front If space permits. A. Signetu X ? Agent ? Addressee B. elved by (Printed Name) 0. Date of Delivery S-1D D. Is delivery address ci tetenl tmn Item 17 ? Yea It YES, enter delivery address below: ? No 3. Ice Typo - 1ACaMW Melt t1 EWM Mall .. ? Istered ? Return Receipt for Merchandise ? Insured Mall ? C.O.D. 4. Restricted Delivery? Pdra Fee) _ ? Yes . 2. Article Number. ... _-' (IlnmlerBomseMceleW 7002 1000 0005 1876 7789 PS Form 3811, February 2004 Domestic Return Receipt 102546-02.141540 1. Article Addressed to: i ?. Z t C ° o 1»r=- rrl ?r__ W -1 c? 0 Cheryl L. Amsbaugh, Plaintiff for herself and on behalf of her minor child: Amanda Amsbaugh VS. Michael G. Amsbaugh, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO. 98-143?4 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on the matter is scheduled for the -3/101 day of 1998, at 3:v) m., in Courtroom No. _ of the C mbehland County Courthouse, CarlYsle, Pennsylvania. You MUST obey the order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. 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. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland county is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. f' :? s? ?' Cheryl L. Amsbaugh, Plaintiff for herself and on behalf of her minor child: Amanda Amsbaugh VS. Michael G. Amsbaugh, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO. 98- 43FI CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Michael G. Amsbaugh Defendant's Date of Birth: 4/1/68 Defendant's Social Security Number: 195-62-9970 Names of all Protected Pe??????//////ssssssons, including Plaintiff and minor children: Cheryl LI?Amsbh and Amanda N. Amsbaugh AND NOW, this / O day of July, 1998, upon considerati of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: ® 1. Defendant shall not abuse, harass, stalk or threaten any of the above protected persons in any place where they might be found. on ® 2. Defendant is evicted and excluded from the plaintiff's residence located at 773 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania, a residence which is jointly owned by the parties from which the defendant moved out of voluntarily, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. ® 3. Except for such contact with the minor child as may be permitted under Paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintiff's school, business, or place of employment. ? 4. Except for such contact with the minor child as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. ® S. Pending the outcome of the final hearing in this i matter, Plaintiff is awarded temporary custody of the following minor child: Amanda N. Amsbaugh (DOB 4/16/92). Until the final hearing, all contact between Defendant and the child shall be limited to the following: no contact. The local law enforcement agency in the jurisdiction where the child is located shall ensure that the child is placed in the care and control of the Plaintiff in accordance with the terms of this order. weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this order. 6. Defendant shall immediately relinquish the following The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives or the minor child. ® 8. A certified copy of this order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mechanicsburg and Hampden Township Police Departments. ® 9. THIS ORDER SUPERSEDES ® ANY PRIOR PFA ORDER AND ® ANY PRIOR ORDER RELATING TO CHILD CUSTODY ® 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any locations where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 6 of this order, defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this order, which office shall maintain S'-1 cz? FT" ?SLs° id SN Jr) l . y - i possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Joan Carey Attorney for Plaintiff Michael G. Amsbaugh Defendant Pro Se ovi 1.? SNN?d 'a! J '!. ,7 itv .l ii Cheryl L. Amsbaugh, Plaintiff for herself and on behalf of her minor child: Amanda Amsbaugh VS. Michael G. Amsbaugh, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO. 98-1110"RI CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNT I 1. Plaintiff's name is: Cheryl L. Amsbaugh. 2. This Petition is filed on behalf of Amanda N. Amsbaugh, who is Plaintiff's daughter. 3. The names of ALL persons, including Plaintiff and minor child, who seek protection from abuse are: Cheryl L. Amsbaugh and Amanda N. Amsbaugh. 4. Plaintiff's address is: 773 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. 5. Defendant is believed to live at the following address: 223 Silver Spring Road, Cumberland County, Pennsylvania. Defendant's Social Security Number is 195-62-9970. Defendant's date of birth is 4/1/68. Defendant's place of employment is M C Distribution. 6. Defendant is Plaintiff's husband and the father of the minor child. 7. Plaintiff seeks temporary custody of the following child: Name Address Birth Dates Amanda N. Amsbaugh 773 Old Silver Spring Road 4/16/92 Mechanicsburg, PA 8. Plaintiff and Defendant are the parents of the following minor child: Name Address AAe Amanda N. Amsbaugh 773 Old Silver Spring Road 6 years old Mechanicsburg, PA The following information is provided in support of Plaintiff's request for an Order of child custody: (a) The child was not born out of wedlock. (b) The child is presently in the custody of Plaintiff, Cheryl L. Amsbaugh, who resides at 773 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. (c) During the past five years, the child has resided with the following persons and at the following addresses: Persons child Child's name lived with Address When Amanda N. Plaintiff and 409 Beaver Avenue 9/93 to Amsbaugh Defendant Apartment E 6/95 Enola, PA Amanda N. Plaintiff and 773 Old Silver 6/95 to Amsbaugh Defendant Spring Road 4/98 Mechanicsburg, PA Amanda N. Plaintiff Amsbaugh (d) Plaintiff, the residing at 773 Old Cumberland County, 773 Old Silver 4/98 to Spring Road Present Mechanicsburg, PA mother of the child, is currently Silver Sprig Road, Mechanicsburg, Pennsylvania. (e) She is married. (f) Plaintiff currently resides with the following person: Name Relationship Amanda N. Amsbaugh Daughter (g) Defendant, the father of the child, is currently residing at 223 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. (h) He is married. (i) Defendant currently resides with the following persons. Name Relationship George Amsbaugh Father Sandy Amsbaugh Mother (j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. (k) Plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. (1) Plaintiff does not know any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. (m) The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: (1) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since her birth, and who can best take care of the minor child. (2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor child. 9. The facts of the most recent incident of abuse are as follows: on or about July 19, 1998, the defendant backed his car toward the plaintiff and hit her with his car mirror knocking her onto the ground. The defendant followed the plaintiff into the house, pushed her across the living room, punched her in her side, and grabbed her clothing ripping her shorts. The defendant left and re-entered the residence several times, attempted to push the plaintiff out of his way, and knocked the minor child onto the floor. The defendant ripped the telephone out of the wall causing the plaintiff to fear for her safety. This incident occurred in the presence of the minor child causing the plaintiff to fear for the child's safety. 10. Defendant has committed the following prior acts of abuse against Plaintiff or the minor child: a. on or about July 18 or July 19, 1998, the defendant flicked the minor child in the head several times with his finger and threatened to hit her when she began to cry. b. Approximately 2 to 3 times a week since the minor child was two years old, the defendant grabbed the child's arms, squeezed her arms, and shook her. C. In or about April 1998, the defendant pushed the plaintiff, hit her in the chest, and tackled her from behind knocking her onto the ground causing the plaintiff to fear for her safety. d. On or about November 1, 1997, the defendant hit the plaintiff about her head and face with a toaster causing a concussion and a laceration above her left eye which required 12 stitches. e. In or about June or July 1997, after harassing the plaintiff's friend all night with unwanted telephone calls, the defendant became angry at the plaintiff for being on the telephone with her friend and screamed at her to hang up the telephone. The defendant grabbed the telephone out of the plaintiff's hand and hung it up, put his hand over her mouth, restrained her, and punched her several times about the head and upper body. The defendant threatened to make the lives of the plaintiff and friend miserable if they talked again. f. On or about Christmas Day 1996, the defendant threatened to wreck the car with the plaintiff and minor child in the car causing the plaintiff to fear for her life. The defendant punched her in the face causing bruises. g. In or about the spring 1989, the defendant beat the plaintiff about the head and chest causing bruises and choked her causing her to lose consciousnessand leaving finger marks around her neck. h. On several occasions since 1988, the defendant has abused the plaintiff in ways including, but not limited to, the following: slapped and punched her, strangled her, tackled her, threw objects at her, and threatened to kill her. The defendant has threatened to burn the residence down causing the plaintiff to fear for her life and the life of her minor child. i. On several occasions since 1994, the defendant has abused the minor child in ways including, but not limited to, the following: grabbed her, hit her in the head, and pushed and pulled her around the residence. The defendant has threatened the minor child saying that he would knock her teeth down her throat, beat her ass, knock her head off, and pull her hair causing the child to fear. 11. The following police departments or law enforcement agency in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Mechanicsburg and Hampden Township Police Departments. 12. There is an immediate and present danger of further abuse from the Defendant. 13. Plaintiff is asking the Court to evict and exclude the Defendant from the residence at 773 old Silver Spring Road, Mechanicsburg, Pennsylvania, which is owned by Plaintiff and Defendant. 14. Defendant owes a duty of support to Plaintiff and the minor child. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and minor child in any place where Plaintiff may be found. B. Evict and exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. C. Award Plaintiff temporary custody of the minor child and place the following restrictions or contact between Defendant and child: no contact. D. Prohibit Defendant from having any direct personal contact with Plaintiff including, but not limited to, any contact at Plaintiff's school, business, or place of employment, except as the Court may find necessary with respect to partial custody and/or visitation with the minor child. Nonharassing contact by telephone, in writing, or through third persons is not a violation of this Order. E. Prohibit Defendant from having any contact with Plaintiff's relatives and Plaintiff's children listed in this Petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child. F. Order Defendant to pay temporary support for Plaintiff and the minor child, including medical support and payment of the rent or mortgage on the residence. G. Order Defendant to pay the costs of this action, including filing, service fees, and surcharge of $25.00. H. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc's funding source for the cost of litigation in this case. 1. Order the following additional relief, not listed above: a. The defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by the plaintiff. b. The defendant is to refrain from harassing the plaintiff's relatives or the minor child. J. Grant such other relief as the court deems appropriate. K. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the order for Hearing. The petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Respectfully submitted, ji Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Dated: 1 ,3,) - /? VERIFICATION I verify that I am the petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. /' J ry Dated: C eryl Amsbaugh. Plaints f b ... ?. ._ `: _ _, Cheryl L. Amsbaugh, Plaintiff for herself and on behalf of her minor child: Amanda Amsbaugh V. Michael G. Amsbaugh, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4384 CIVIL TERM : PROTECTION FROM ABUSE : AND CUSTODY ?I ORDER F CONT UANCE AND NOW, this day of 1998, upon consideration of the attached Motion for Continuant , the hearing scheduled for the 3rd day of August, 1998, at 3:00 p m. is hereby continued generally. This Order is entered without prejudice to either party to request a hearing. The Temporary Protection Order shall remain in effect for one year or until modified or terminated by the court. Certified copies of this Order for Continuance will be provided to the Mechanicsburg and Hampden Police Departments by the plaintiff's attorney. Joan Carey Attorney for Plaintiff By the Court, /ec er, F7esident Judge or Gary L. Kelley Attorney for Defendant ds(+ o or t"to? ?T?o r? -6-3T-?j N)nrow Cheryl L. Amsbaugh, Plaintiff for herself and on behalf of her minor child: Amanda Amsbaugh V. Michael G. Amsbaugh, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4384 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE The plaintiff, Cheryl L. Amsbaugh, by and through her attorney, Joan Carey of Legal Services, Inc. moves the Court for an Order generally continuing the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection Order was issued by this Court on July 30, 1998, scheduling a hearing for August 3, 1998, at 3:00 p.m. 2. The defendant has retained Gary L. Kelley for this matter. 3. The parties, by and through their counsel, agree that the hearing be generally continued to afford them time to negotiate a Consent Agreement. 4. The plaintiff requests that the Temporary Protection Order remain in effect for one year or until modified or terminated by the court after notice and hearing. 5. Certified copies of the Order for Continuance will be delivered to the Mechanicsburg and Hampden Police Departments by the attorney for the plaintiff. WHEREFORE, the plaintiff requests that the Court grant this Motion and continue this matter generally, and that the Temporary Protection Order remain in effect until further Order of Court. Respectfully submitted, Carey, Attorney fo Plaintiff LEGAL SERVICES,INC. 8 Irvine Row Carlisle, PA 1.7013 (717) 243-9400 c; t? r- o _,; ?, _ ?-. fl ? _ ? C "? 7 S J i C ? '-? i _ - .. '?7 ?=?rn Ul SHERIFF'S RETURN - REGULAR CASE NO: 1998-04384 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMSBAUGH CHERYL L ET AL VS AMSBAUGH MICHAEL G BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon AMSBAUGH MICHAEL G the DEFENDANT , at 0019:52 HOURS, on the 11th day of April 2000 at 318 E. MARBLE STREET MECHANICSBURG, PA 17055 by handing to MICHAEL AMSBAUGH a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING AND ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 6.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 34.20 04/12/2000 Sworn and Subscribed to before By: t me this /3` day of Deputy Sheriff a f--j ( 67. rv-O A.D. p 8 ?tcu- t, ?r thonotary Cheryl Amsbaugh, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA Michael Amsbaugh, VS. Defendant :PROTECTION FROM ABUSE :NO.98-4384 CIVIL TERM NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled for the day of , 2000, at _ in Court room No -5 of the Cumberland County Courthouse, Carlisle, Pen ylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, IS U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C.§2261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. 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 HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Cheryl Amsbaugh :THE COURT OF COMMON PLEAS Plaintiff VS. Michael Amsbaugh, :OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 98-4384 CIVIL TERM Defendant :PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: Michael Amsbaugh Defendant's Date of BirthA/1/68 Defendant's Social Security Number: 195-62-9970 Name of Protected Person: Ch 1 Amsbaugh AND NOW, this da of April, 2000, upon consideration of the attached Petition for Protection fr%jA Abuse, the court hereby enters the following Temporary Order: ® 1. Defendant shall not abuse, harass, stalk or threaten the above person in any place where she might be found. ® 2. Defendant is evicted and excluded from the residence located at 773 Old Silver Springs Road, Cumberland County, Pennsylvania, or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. ® 3. Except for such contact with the minor child as may be permitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiffs residence located at an undisclosed location which is not owned or leased by Defendant, and Plaintiffs place of employment located at Georgia Pacific, Walnut Street, Harrisburg, Pennsylvania. Transfer of custody of the parties' child shall occur at the residence of Defendant's mother or if she is not available at a mutually agreed location. ® 4. Except for such contact with the minor child as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. Any phone calls in reference to the child should be at Plaintiffs residence only and not at her place of employment. ® 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child: Amanda Amsbaugh (DOB4/16/92). Until the final hearing, all contact between Defendant and the child shall be limited to the following: Plaintiff shall have primary physical and legal custody. Defendant shall have partial custody of the child at times and places agreed upon by the parties. Custody exchange shall occur at the paternal grandmother's residence. If the paternal grandmother is unavailable, exchange shall occur at a public, mutually agreed upon location. ? 6. Defendant shall immediately relinquish the following weapons to the Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. ® 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiffs request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff and/or the child in the jurisdiction or district or furnish any address or any other demographic information about Plaintiff and/or child except by further Order of Court. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. ® 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: A certified copy of this order will be forwarded to the proper police departments. N 9. THIS ORDER SUPERSEDES N ANY PRIOR PFA ORDER AND ? ANY PRIOR ORDER RELATING TO CHILD CUSTODY N 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§ 2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiffs residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, Judge ??yw I 3 41 Cheryl Amsbaugh :THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA vs. Michael Amsbaugh, :NO. 98-4384 CIVIL TERM Defendant :PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is Cheryl Amsbaugh. 2. The name of the person who seeks protection from abuse is Cheryl Amsbaugh. 3. Plaintiffs address is at an undisclosed location. 4. Defendant is believed to live at 223 Silver Springs Road, Mechanicsburg, Pennsylvania. Defendant's Social Security Number is 195-62-9970. Defendant's date of birth is 4/1/68. Defendant's place of employment is M.C. Distribution, York, Pennsylvania. 5. Defendant is Plaintiffs husband. 6. Defendant has been involved in the following criminal court action: Defendant has been arrested for harassment and stalking in the past. 7. Plaintiff seeks temporary custody of the following child: Name Address Birthdates Amanda Amsbaugh Undisclosed 4/16/92 8. Plaintiff and Defendant are the parents of the following minor child: Name Age Address Amanda Amsbaugh 7 years old Undisclosed 9. The following information is provided in support of Plaintiff s request for an Order of child custody: (a) The child was not born out of wedlock. (b) The child is presently in the custody of Plaintiff, Cheryl Amsbaugh, who resides at an undisclosed location in Pennsylvania. (c) Since her birth, the child has resided with the following persons and at the following addresses: Child's name Amanda Amsbaugh Persons child lived with Plaintiff and Defendant Address When 409 Beaver Rd. 9/93 to 6/95 Enola, PA Amanda Amsbaug Plaintiff and Defendant 773 Old Silver 6/95/to/4/98 Springs Rd. Mechanicsburg Amanda Amsbaugh Plaintiff 773 Old Silver 4/98 to present Springs Rd. Mechanicsburg (d) Plaintiff, mother of the child, is currently residing at an undisclosed location in Cumberland County, Pennsylvania. (e) She is married. (f) Plaintiff currently resides with the following persons: Name Relationship Amanda Daughter Susan Zych Friend Jeannie Zych Friend's Daughter (g) Defendant, Michael Amsbaugh, the father of the child is believed to reside at 223 Silver Springs, Road, Mechanicsburg. (h) He is married. (i) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 0) Plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. (k) Plaintiff does not know any person not a party to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child. (1) The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a hearing in this matter for reasons including: a) the fact that Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since her birth, and who can best continue to take care of the minor child. b) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor child. 10. The facts of the most recent incident of abuse are as follows On or about March 23, 2000, Defendant threatened Plaintiff demanding that she better be at the residence when he got there because one way or another she'd have to face him or he'd see her dead. Later, Defendant further threatened Plaintiff that she better be careful and watch her back because he could return to the residence at any time exacerbating her fear. 11. Defendant has committed the following prior acts of abuse against Plaintiff: a. In or around the beginning of June 1999, Defendant sat in his truck and waited for Plaintiff outside of her home. When Plaintiff left the residence, Defendant approached her and stated that he wanted to have sex with her. When Plaintiff got into her car, Defendant approached her with his fist raised as if he were going to punch the window, pulled on the door handle, and broke it off. She drove away to avoid further abuse. b. In or around the end of May 1999, Defendant called Plaintiff and threatened that he had a gun and when she returned home from work, she would find his brains all over. The Defendant further threatened, "No. I'll wait for you and do you first!" causing Plaintiff to fear for her life. Defendant waited outside Plaintiff's work for her, followed her home, and once in the parking lot of her residence, screamed vile names at her. C. Defendant and Plaintiff were separated in 1998 and Plaintiff filed for divorce. Plaintiff filed a Protection From Abuse Order against Defendant on or about July 30, 1998, which expired under a general continuance on or about July 30, 1999. Since then, Defendant has abused Plaintiff in ways including, but not limited to, the following: slapped, punched, strangled, and forcefully pushed her onto the ground. Defendant has thrown things at Plaintiff, threatened to kill her, and to burn down the residence. 12 The following police department or law enforcement agency in the area in which Plaintiff lives should be provided with a copy of the Protection Order: The appropriate police departments will be sent a certified copy of this Order. 13. There is an immediate and present danger of further abuse from the Defendant. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where Plaintiff may be found. B. Order Defendant to stay away from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. C. Award Plaintiff temporary custody of the minor child and place the following restrictions or contact between Defendant and child: Plaintiff shall have primary physical and legal custody of the child. Defendant shall have partial custody of the child at times and places agreed upon by the parties. Custody exchange shall occur at the paternal grandmother's residence. If the paternal grandmother is unavailable, exchange shall occur at a public, mutually agreed upon location. D. Prohibit Defendant from having any contact with Plaintiff either in person, by telephone, or in writing, personally or through third persons, including, but not limited to any contact at Plaintiffs residence, or place of employment, except as the Court may find necessary with respect to partial custody and/or visitation with the minor child. E. Prohibit Defendant from having any contact with Plaintiffs relatives, except as the court may find necessary with respect to partial custody and/or visitation with the minor child. F. Order Defendant to pay the costs of this action, including filing fees, service fees, and surcharge of $25.00. G. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources for the cost of litigation in this case. H. Order the following additional relief, not listed above: a. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. b. Defendant is to refrain from harassing Plaintiffs relatives. 1. Grant such other relief as the court deems appropriate. Order the police or other law enforcement agency to serve Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. Plaintiff will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. Plaintiff prays for such other relief as may be just and proper. Respectfully submitted, JJoan Carey Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: ?? r b ?7' C erY? 1 Amsbau h. Plaint f g l .? (} ri m . M ?'- -,C 1 - ? ? ,. ?` ?. r ?' r F? b? Gam. ?? l.7 Cheryl Amsbaugh : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ? NO "- 4384 CIVIL TERM Michael Amsbaugh, Defendant : PROTECTION FROM ABUSE O"ElFOR CONTINUANCE v2n AND NOW, this day of April, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on April 20, 2000, by this Court's Order of April 11, 2000, is hereby rescheduled for hearing on May 24, 2000, at 9:30 a.m. in Courtroom No. 3. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. By the Court, hHoffer, P sident Judge Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff Gary Kelley LAW OFFICE OF GARY KELLEY Attorney for Defendant Cheryl Amsbaugh Plaintiff V. Michael Amsbaugh, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00- 4384 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Cheryl Amsbaugh, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: A Temporary Protection From Abuse Order was issued by this Court on April 11, 2000 scheduling a hearing for April 20, 2000, at 3:30 p.m. 2. The Cumberland County Sheriffs Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at 318 E. Marble Street, Mechanicsburg, Pennsylvania, on April 11, 2000, at 7:52 p.m. 3. The Defendant's counsel has requested a Continuance due to his unavailability on April 20, 2000. 4. The Plaintiff agrees to a Continuance and understands that the Temporary Protection From Abuse Order remains in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. WHEREFORE, the Plaintiff requests that the Court grant this Motion reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, Jan Carey, Attorney Ydr Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Cheryl Amsbaugh : IN THE COURT OF COMMON PLEAS OF Plaintiff V. Michael Amsbaugh, CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4384 CIVIL TERM Defendant : PROTECTION FROM ABUSE O"EIti IOR CONTINUANCE AND NOW, this rday of May, 2000, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on May 24, 2000, by this Court's Order of April 19, 2000, is hereby rescheduled for hearing on June 20, 2000, at 3:30 p.m. in Courtroom No. 3. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. By the Court, e E. Hoffer, Presid t Judge Joan Carey LEGAL SERVICES, INC. Y4,c? Attorney for Plaintiff , 2. S Gary Kelley LAW OFFICE OF GARY KELLEY ,y,, ,4,o Cy?, Attorney for Defendant ,, ?7:'? ' ` ;, >??, J." Cheryl Amsbaugh : IN THE COURT OF COMMON PLEAS OF Plaintiff V. Michael Amsbaugh, CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4384 CIVIL TERM Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Cheryl Amsbaugh, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: A Continuance was issued by this Court on April 19, 2000, scheduling a hearing for May 24, 2000, at 3:30 p.m. 2. The parties, by and through their counsel, agree that the hearing be rescheduled, 3. The Family Law Clinic has agreed to enter an appearance of counsel for Plaintiff in the above referenced case; however, they are unavailable on May 24, 2000. 4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, Carey, Attorney f?Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 Cheryl Amsbaugh : IN THE COURT OF COMMON PLEAS OF Plaintiff V. Michael Amsbaugh, Defendant CUMBERLAND COUNTY, PENNSYLVANIA / 919 NO. 60- 4384 CIVIL TERM PROTECTION FROM ABUSE ORDE FOR CONTINUANCE AND NOW, this !/1 day of June, 2000, upon consideration of the attached Motion for I- W- Continuance, the matter scheduled for hearing on June 20, 2000, by this Court's Order of May 24, 2000, is hereby rescheduled for hearing on August 8, 2000 at 3:00 p.m. in Courtroom No. 3. The Temporary Protection From Abuse Order shall remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff By the Court, ore Hoffer, )re ident Judge 'RKS Gary Kelley LAW OFFICE OF GARY KELLEY Attorney for Defendant Cheryl Amsbaugh Plaintiff V. Michael Amsbaugh, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00- 4384 CIVIL TERM PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Cheryl Amsbaugh, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: A Continuance was filed on May 24, 2000, scheduling a hearing for June 20, 2000, at 3:30 p.m. 2. The parties agree, by and through their counsel, to a Continuance to afford them time to execute a Consent Agreement. 3. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. WHEREFORE, the Plaintiff requests that the Court grant this Motion reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of one year from the date it was entered or until further Order of Court, whichever comes first. Respectful]y bmitted, Joan Carey, Attorney f laintiff LEGAL SERVICES, C. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 AUG 15 2000 Cheryl Amsbaugh, THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. 1`6 X3-14 NO. 98-44i3" Michael Amsbaugh, PROTECTION FROM ABUSE Defendant PROTECTION FROM ABUSE ORDER Defendant's Name: Michael Amsbaugh Defendant's Date of Birth: 4/1/68 Defendant's Social Security Number: 195-62-9970 Name of Protected Person: Cheryl Amsbaugh AND NOW, this t b day of 000, upon consideration of the attached Consent Agreement concerning Protection from Abuse, the court hereby enters the following Order: [x] 1. Defendant shall not abuse, cause reasonable fear of abuse, threaten with violence or harass plaintiff, whether personally or through his agents. [x] 2. Except for contact pertaining to the parties' minor child, Amanda, the defendant shall not have any direct or indirect contact with the plaintiff at any location, including but not limited to any contact at Plaintiffs residence, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at an undisclosed location which is not owned or leased by Defendant, and Plaintiff's place of employment located at Georgia Pacific, Walnut Street, Harrisburg, Pennsylvania. [x] 3. Defendant shall not harass or stalk plaintiff or plaintiffs relatives. [x] 4. Except for such contact with the minor child, Defendant shall not contact Plaintiff by telephone or any other means, including through third persons. Any phone calls in reference to the child should be made to Plaintiffs residence only and not at her place of employment. [x] 5. The Mechanicsburg Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs, by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without necessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.A. C. S. §6113). [x] 6. BRADY INDICATOR: a) The Plaintiff and the Defendant are married. Defendant is the father of Amanda Amsbaugh. b) This order is being entered through a consent agreement. c) This Order restrains the Defendant from harassing, stalking, or threatening the Plaintiff. d) Defendant represents a credible threat to the physical safety of the Plaintiff. e) The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. [x] 7. The parties intend to be legally bound by the terms of this agreement and request that a Protection Order be entered to reflect the above terms. Said Order shall remain in effect for eighteen (18) months unless extended by further order of court. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000.00 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA. C.S. § 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §§ 2261-2262. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261 -2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.C. §§ 922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraphs 1 through 7 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.S. § 6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The [insert the appropriate name or title] shall maintain possession of the weapons until further order of this court. When the defendant is placed under arrest for violation of the order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date of the hegring. THE Date: Judge ri .? ?? l ??? ?4 ::V !'? Cheryl Amsbaugh, THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 98-4834 Michael Amsbaugh, PROTECTION FROM ABUSE Defendant CONSENT AGREEMENT This Agreement is entered on this 7m day of jkju!j 2000 by the plaintiff, Cheryl Amsbaugh, and the defendant, Michael Amsbaugh, each of whom is represented by counsel, as indicated below. Without admitting the allegations of abuse, the defendant agrees that the Court shall enter Orders containing the following terms: COUNT 1: PROTECTION FROM ABUSE 1. Defendant shall not abuse, cause reasonable fear of abuse, threaten with violence, or harass plaintiff, whether personally or through his agents. 2. Except for contact pertaining to the parties' minor child, Amanda, the defendant shall not have any direct or indirect contact with the plaintiff at any location, including but not limited to any contact at Plaintiff's residence, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: Plaintiff's residence located at an undisclosed location which is not owned or leased by Defendant, and Plaintiff's place of employment located at Georgia Pacific, Walnut Street, Harrisburg, Pennsylvania. 3. Defendant shall not harass or stalk plaintiff or plaintiff's relatives. 4. Except for such contact with the minor child, Defendant shall not contact Plaintiff by telephone or any other means, including through third persons. Any phone calls in reference to the child shall be made to Plaintiff's residence only and not to her place of employment. 5. The Mechanicsburg Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency where a violation occurs, by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without necessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P.A. C.S. §6113). 6. BRADY INDICATOR: a) The Plaintiff and the Defendant are married. Defendant is the father of Amanda Amsbaugh. b) This order is being entered through a consent agreement. c) This Order restrains the Defendant from harassing, stalking, or threatening the Plaintiff. d) Defendant represents a credible threat to the physical safety of the Plaintiff. e) The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against the Plaintiff or protected person that would reasonably be expected to cause bodily injury. 7. The parties intend to be legally bound by the terms of this agreement and request that a Protection Order be entered to reflect the above terms. Said Order shall remain in effect for eighteen (18) months unless extended by further order of court. COUNT 2: CUSTODY 8. All matters related to Custody of the parties' daughter Amanda shall be referred to a Custody Conciliator in Cumberland County, Pennsylvania. If all custody issues cannot be resolved through the conciliation process, custody shall then be determined under the procedures of the Court. 9. The custody provisions in the Temporary Protection From Abuse Order entered on April 11, 2000, shall remain in effect unless and until modified by agreement of the parties or further Order of the Court. ' 4*? ainti et??O.JIJL?P Melinda- avis Certified Legal Intern homas M. Place Robert E. Rains Supervising Attorneys "De 'ley, Esq 1 -13 Walnut St. urg, PA 17101 FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 ? :.-? ' rm -, -f• , , -1 i _ _ _, , l y ? 1 •• 7 -?j ?? l7? 08/17/00 THU 14:34 FAX 717 240 6573 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT CUMB CO PROTHONOTARY $$;Yi$$$S$$&85Y$ffix$$%N TX REPORT :e* *f tY?N:k&Y&**BYN?W.&S&?N*ffi 2081 08/17 14:29 05'06 7 OK 92490779 J u zoo) CHERYL L. AMSBAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL G. AMSBAUGH DEFENDANT 98-4384 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of August , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 27th day of September , 2000, at 1:00 p.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. is/ Melissa R Greevy. Esq? ?_\ Custody Conciliator UU11 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 (V "cr-5 G dr OCT 2 0 2000 CHERYL L. AMSBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 98-4384 MICHAEL G. AMSBAUGH, : CIVIL ACTION - LAW Defendant : CUSTODY ORDER OF COURT AND NOW, this day of . 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby directed and ordered as follows: 1. Legal Custody. The Mother, Cheryl L. Amsbaugh, and the Father, Michael G. Amsbaugh, shall have shared legal custody of the minor Child, Amanda N. Amsbaugh, born April 16, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. In the event the parties are not able to agree, Mother, having primary physical custody, shall have the right and responsibility to make the final decision. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Primary physical custody shall be in Mother subject to Father's rights of partial physical custody as follows: A. Weekends. Beginning October 6, 2000, Father shall have custody on alternate weekends from Friday after school until the Child is taken to school the following Monday morning. B. Christmas. On December 24th, 2000, and even-numbered years thereafter, Father shall have physical custody from 9:00 AM until 9:00 PM. Mother shall have physical custody from December 24th at 9:00 PM until December 25th at 4:00 PM. C. Thanksgiving. In the event that Father's weekend falls on Thanksgiving weekend, Father shall have custody for Thanksgiving from Thanksgiving Day at 10:00 AM until Monday morning when he shall return the Child to Mother. In the event that Thanksgiving weekend does not fall on Father's weekend, Father shall have Thanksgiving custody from Thanksgiving Day at 10:00 AM until Friday at 10:00 AM. No. 98-4384 D. Other Holidays. In the year 2001 and subsequent odd-numbered years Father shall have Labor Day and Memorial Day. In even-numbered years Mother shall have Labor Day and Memorial Day. In even-numbered years Father shall have July the 4th and in odd-numbered years Mother shall have July the 4th. In the event that these holidays do not coincide with one parent's custodial weekend, the custodial period for these holidays shall be from 10:00 AM until 9:00 PM, unless otherwise agreed. Mother's Day shall be with Mother and Father's Day shall be with Father. The custodial period for these days shall be from 10:00 AM until 9:00 PM. The parties understand and agree that holidays take precedence over the normal weekend schedule. E. Easter. The custodial period for Easter shall be from 10:00 AM until 9:00 PM on Easter Sunday. In the event that Easter falls on Father's custodial weekend, Mother shall have custody on the Saturday prior to Easter from 10:00 AM until 9:00 PM. In the event that Easter falls on Mother's custodial weekend, Father shall have custody from 10:00 AM until 9:00 PM on Saturday prior to Easter. F. Amanda's Birthday. In the event that Amanda's birthday falls on a weekday, Father shall have custody from 3:30 PM until 6:00 PM, after which he shall return the Child to a restaurant designated by her Mother. In the event that Amanda's birthday falls on a weekend, the parent having the weekend in the ordinary schedule shall also have Amanda's birthday. G. Parents' Birthdays. Father shall have custody on April 1st from 10:00 AM until 9:00 PM. Mother shall have custody on September 4th from 10:00 AM until 9:00 PM, Mother's birthday shall supercede the plan for Labor Day weekend in the event that her birthday shall fall on Labor Day weekend. H. Vacation. Upon a thirty-day written notice to either party, each party is entitled to two non-consecutive weeks of vacation each year to coincide with their custodial weekend. 3. Neither party shall do anything which may estrange the Child from the other parent, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love or respect for the other parent. 4. Neither party shall take the Child out of the state of Pennsylvania without notification to the other parent. 5. The parties shall keep each other informed of their address and telephone number at all times. No. 98-4384 6. Father shall continue with anger management counseling for a period as long as is clinically indicated as determined by his therapist. 7. During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages. The parties shall likewise assure, to the extent possible, that other household members and/or household guests comply with this prohibition. 8. Transportation. It shall be acceptable for the exchange point for periods of custody to be at the Child's school, or alternatively, it shall be permissible for Father to pick the Child up at Mother's home. On those occasions, Father shall remain in the car and wait for the Child to come out of the Mother's home. 9. The parties shall arrange for the Child to be involved in outpatient counseling with Father. Mother shall also be included if the therapist so indicates. The goals for therapy are to address the improvement of the relationship between the Child and her Father and to assist the Child in managing the stresses of the parties' separation and divorce. Mother has agreed to pay for the copay and the parties have agreed to choose a therapist who participates with Mother's health insurance plan. In order to facilitate the improvement of the relationship between the Father and the minor Child, Father shall be allowed an additional period of custody from after school until 8:00 PM on the evenings during which her therapy appointments are scheduled. It is contemplated that Father may have additional periods of partial custody during the week in the future, institution of which shall be guided by the Child's therapist. 10. The parties agree to promote reasonable telephone contact between the Child and both parents. BY THE COUP 00 ' Edgar . Bayley, J. 1 Dist: Jeffrey R. Boswell, Esquire, Boswell, Tintner, Piccola & Wickersham, 313 N. Front' St., PO Box 741, Harrisburg, PA 17108-0741 Gary L. Kelley, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101 ,l _? '' ?? --.:1?. CHERYL L. AMSBAUGH, Plaintiff vs. MICHAEL G. AMSBAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4384 : CIVIL ACTION - LAW : 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Amanda N. Amsbaugh April 16, 1992 Mother 2. A Conciliation Conference was held on September 27, 2000, with the following individuals in attendance: The Mother, Cheryl L. Amsbaugh, and her counsel, Jeffrey Boswell, Esquire; the Father, Michael G. Amsbaugh, and his counsel, Gary L. Kelley, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Q91/%/z0-Z--D Date ??6-,' Melissa Peel Greevy, Esquire Custody Conciliator CHERYL L. AMSBAUGH, Plaintiff V. MICHAEL G. AMSBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4384 CIVIL ACTION - CUSTODY DEFENDANT'S PETITION FOR CONTEMPT FOR PLAINTIFF'S FAILURE TO FOLLOW CUSTODY ORDER AND NOW, comes the Petitioner/Defendant, Michael G. Amsbaugh, by and through his attorney, Gary L. Kelley, and respectfully Petitions this Honorable Court as follows: 1. Petitioner is Michael G. Amsbaugh, the Defendant in the above captioned matter. 2. Respondent/Plaintiff is Cheryl L. Amsbaugh. 3. The parties are the parents of one (1) minor child, Amanda N. Amsbaugh, DOB 4/16/92. 4. By an Order dated October 23, 2000 by this Honorable Court, the parties were directed, inter alia, to share legal custody of the minor child and Respondent was to have primary physical custody of the minor child subject to Petitioner's periods of alternating physical custody. A true and correct copy of this Order is attached hereto as Exhibit "A." 5. The parties were further directed to cooperate in counselling to improve the relationship between father and child. 6. Respondent/Plaintiff has refused to cooperate in any counselling despite numerous requests by father to Respondent/Plaintiff. 7. Since the imposition of this Order, Respondent/Plaintiff has engaged in a campaign of parental alienation against father informing the child, among other things, that her father is a dangerous man and cannot be trusted. 8. Since this time, Respondent/Plaintiff has frequently unilaterally withheld telephone contact with the child from father without cause. 9. More recently, Respondent/Plaintiff has withheld telephone contact from father in excess of one (1) month. 10. Since the imposition of the Order, Respondent/Plaintiff has unilaterally withheld the child from regularly scheduled periods of alternating physical custody with father. 11. More recently, Respondent/Plaintiff attempted to withhold the child from father this past weekend without prior notice to and consent of father. 12. All of Respondent's/Plaintiffs actions are in direct violation of this Honorable Court's Order dated October 23. 2000. 13. Without the intervention of this Honorable Court, Respondent/Plaintiff will continue to disobey this Court's Order and continue to attempt to alienate father from the minor child. 14. Respondent's/Plaintiffs actions are contrary to the best interests of the minor child. WHEREFORE, the Petitioner/Defendant respectfully requests that this Honorable Court find Respondent/Plaintiff in contempt of its Order dated October 23, 2000 and grant such relief as it finds appropriate. G KelletS ID o. 46801 132-134 WalHarrisburg, PA 17101 (717) 238-1484 Attorney for Petitioner/Defendant VERIFICATION I hereby verify that the statements contained herein are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date 101101 1b," 0"' 4:4 EXHIBIT "A" OCT 2 0 201Jiio CHERYL L. AMSBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 98-4384 MICHAEL G. AMSBAUGH, : CIVIL ACTION - LAW Defendant : CUSTODY 12L4 ACT 2000 ORDER OF COURT AND NOW, this 23 day of OAO0 eR . 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby directed and ordered as follows: 1. Legal Custody. The Mother, Cheryl L. Amsbaugh, and the Father, Michael G. Amsbaugh, shall have shared legal custody of the minor Child, Amanda N. Amsbaugh, born April 16, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. In the event the parties are not able to agree, Mother, having primary physical custody, shall have the right and responsibility to make the final decision. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Primary physical custody shall be in Mother subject to Father's rights of partial physical custody as follows: A. Weekends. Beginning October 6, 2000, Father shall have custody on alternate weekends from Friday after school until the Child is taken to school the following Monday morning. B. Christmas. On December 24th, 2000, and even-numbered years thereafter, Father shall have physical custody from 9:00 AM until 9:00 PM. Mother shall have physical custody from December 24th at 9:00 PM until December 25th at 4:00 PM. C. Thanksgiving. In the event that Father's weekend falls on Thanksgiving weekend, Father shall have custody for Thanksgiving from Thanksgiving Day at 10:00 AM until Monday morning when he shall return the Child to Mother. In the event that Thanksgiving weekend does not fall on Father's weekend, Father shall have Thanksgiving custody from Thanksgiving Day at 10:00 AM until Friday at 10:00 AM. No. 98-4384 D. Otijar Holidays. In the year 2001 and subsequent odd-numbered years Father shall have Labor Day and Memorial Day. In even-numbered years Mother shall have Labor Day and Memorial Day. In even-numbered years Father shall have July the 4th and in odd-numbered years Mother shall have July the 4th. In the event that these holidays do not coincide with one parent's custodial weekend, the custodial period for these holidays shall be from 10:00 AM until 9:00 PM, unless otherwise agreed. Mother's Day shall be with Mother and Father's Day shall be with Father. The custodial period for these days shall be from 10:00 AM until 9:00 PM. The parties understand and agree that holidays take precedence over the normal weekend schedule. E. Easter. The custodial period for Easter shall be from 10:00 AM until 9:00 PM on Easter Sunday. In the event that Easter falls on Father's custodial weekend, Mother shall have custody on the Saturday prior to Easter from 10:00 AM until 9:00 PM. In the event that Easter falls on Mother's custodial weekend, Father shall have custody from 10:00 AM until 9:00 PM on Saturday prior to Easter. F. Amanda's Birthday. In the event that Amanda's birthday falls on a weekday, Father shall have custody from 3:30 PM until 6:00 PM, after which he shall return the Child to a restaurant designated by her Mother. In the event that Amanda's birthday falls on a weekend, the parent having the weekend in the ordinary schedule shall also have Amanda's birthday. G. Parents' Birthdays. Father shall have custody on April 1 st from 10:00 AM until 9:00 PM. Mother shall have custody on September 4th from 10:00 AM until 9:00 PM, Mother's birthday shall supercede the plan for Labor Day weekend in the event that her birthday shall fall on Labor Day weekend. H. Vacation. Upon a thirty-day written notice to either party, each party is entitled to two non-consecutive weeks of vacation each year to coincide with their custodial weekend. 3. Neither party shall do anything which may estrange the Child from the other parent, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love or respect for the other parent. 4. Neither party shall take the Child out of the state of Pennsylvania without notification to the other parent. 5. The parties shall keep each other informed of their address and telephone number at all times. No. 98-4384 6. Father shall continue with anger management counseling for a period as long as is clinically indicated as determined by his therapist. 7. During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages. The parties shall likewise assure, to the extent possible, that other household members and/or household guests comply with this prohibition. 8. Transportation. It shall be acceptable for the exchange point for periods of custody to be at the Child's school, or alternatively, it shall be permissible for Father to pick the Child up at Mother's home. On those occasions, Father shall remain in the car and wait for the Child to come out of the Mother's home. 9. The parties shall arrange for the Child to be involved in outpatient counseling with Father. Mother shall also be included if the therapist so indicates. The goals for therapy are to address the improvement of the relationship between the Child and her Father and to assist the Child in managing the stresses of the parties' separation and divorce. Mother has agreed to pay for the copay and the parties have agreed to choose a therapist who participates with Mother's health insurance plan. In order to facilitate the improvement of the relationship between the Father and the minor Child, Father shall be allowed an additional period of custody from after school until 8:00 PM on the evenings during which her therapy appointments are scheduled. It is contemplated that Father may have additional periods of partial custody during the week in the future, institution of which shall be guided by the Child's therapist. 10. The parties agree to promote reasonable telephone contact between the Child and both parents. BY THE COURT, Js/ 4), ?J -8. Aa, Edgar VBayley, J. Dist: Jeffrey R. Boswell, Esquire,. Boswell,. Tintner, Piccola & Wickersham, 313 N. Front St., PO Box 741, Harrisburg, PA 17108-0741 Gary L. Kelley, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101 Ti PU7 rP-0M 6RECCPZD In Tesiiru;r. I here unto set my hand f said Court at Carlisle, ha. and the seal ily rnI .... 23of ......F'rothonotary r r'; ?1 CHERYL L. AMSBAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 98-4384 CIVIL ACTION LAW MICHAEL G. AMSBAUGH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 30, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on. Wednesday, November 28, 2001 at 12:30 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: isi Melissa P. Greevy. Esq. Custody Conciliator U 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4*v la - /F 0/ 4 ,AN, Z 4 7111 17 . CHERYL L. AMSBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 98-4384 MICHAEL G. AMSBAUGH, : CIVIL ACTION - LAW Defendant . CUSTODY Bayley, J. - ORDER OF COURT AND NOW, this lo day of January, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The Order of October 23, 2000, shall remain in full force and effect with the following modifications: A. Father shall be permitted reasonable telephone contact with the minor Child which, at minimum, shall include a telephone call between 8:00 p.m. and 8:30 p.m. each Wednesday evening. Additionally, the Child may initiate a telephone call to the non-custodial parent upon her request. B. Mother shall continue to take the Child to counseling which was initiated on or about October 23, 2001. Each parent shall participate as requested by the Child's therapist. Additionally, the parents shall participate in such additional counseling as the Child's therapist may think would be beneficial to the Child. Father is to contact the therapist by January 14, 2002. In the event that therapist has input to offer with regard to the alleged resistance to contact the Father and with regard to the appropriate custodial schedule, the counselor shall provide this input to counsel for the parties. 2. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parents shall establish a no-conflict zone for their Child and refrain from making derogatory comments about the other parent in the presence or earshot of the Child and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the Child. No. 98-4384 - Civil Term 3. Vacation. Each party shall be entitled to two non-consecutive weeks of vacation to include their custodial weekend. Vacation time shall run from Friday to Sunday encompassing a total of ten days. Each party shall provide thirty days written notice to the other parent of the time chosen for vacation. In the event that the vacation times overlap, the party first providing written notice to the other parent shall have the choice of vacation time. The non-vacationing parent shall confirm their understanding of the vacation schedule in writing to the other parent. BY THE COU Edgar B. Bayley, `J!? t Dist: 4.daffrey R. Boswell, Esquire, PO Box 741, Harrisburg, PA 17108-0741 , C p p/1?e?IQ ry L. Kelley, Esquire, 132-134 Walnut Street, Harrisburg, PA 17101 _ !S J { ?I ' ?'l?i;j'^! -r,."'/? G ? :CJ J . ;;;? ?? ?, -.,.. CHERYL L. AMSBAUGH, vs. : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL G. AMSBAUGH, Defendant NO. 98-4384 CIVIL ACTION - LAW 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: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Amanda N. Amsbaugh April 16, 1992 Mother 2. The parties were seen with counsel on January 9, 2002, pursuant to Father's October 28, 2001, Petition for Contempt. Mother filed no pleadings in response. It should be noted for the record that there is a Protection From Abuse Order between the parties which shall expire on February 16, 2002. Attending the Custody Conciliation Conference were the Mother, Cheryl L. Amsbaugh, and her counsel, Jeffrey R. Boswell, Esquire; the Father, Michael G. Amsbaugh, and his counsel, Gary E. Kelley, Esquire. 3. The parties reached an agreement on counseling for themselves and the minor Child, telephone contact and vacation time. For some of these agreements Father agreed to hold his Petition for Contempt in abeyance for a period of sixty days from the date of this Order. That sixty-day period will serve to provide an opportunity for Mother to demonstrate her compliance with this Order and with the Order of October 23, 2000. At the conclusion of the sixty-day period counsel for the Petitioner/Father shall initiate a telephone Conference with the Conciliator and opposing counsel. If needed, the Custody Conciliation Conference shall be scheduled to reconvene. 4. At the time of the Custody Conciliation, Mother proposed to make several modifications in the physical custody and holiday schedule. However, the parties did not reach an agreement, and in as much as Mother has not filed a to Petition to Modify the present Order, these parts of the present Order will not be changed. Date Ael eel Greevy, Esquire Custody Conciliator Jeffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street P. 0. Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Plaintiff CHERYL L. AMSBAUGH, Petitioner VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PERNA; NO. 98-4384 CIVIL ACTION - LAW MICHAEL G. AMSBAUGH, Respondent CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF Plaintiff, Cheryl L. Amsbaugh, by her attorneys, Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Wickersham, presents this Emergency Petition for Relief, as follows: 1. Petitioner is Cheryl L. Amsbaugh, mother of the minor child, Amanda N. Amsbaugh, who was born on April 16, 1992. 2. Petitioner is the primary custodian of Amanda; Petitioner currently resides at 15 Buttonwood Lane, Carlisle, Pennsylvania 17013. 3. Respondent is the father of the child, Amanda N. Amsbaugh. 4. Respondent currently resides at 3 East Factory Street, Mechanicsburg, Pennsylvania 17055. 5. This Honorable Court filed a Protection from Abuse Order between the parties, as against the Respondent, Michael G. Amsbaugh, which Order expired on February 16, 2002. 6. The Petitioner and the Respondent had a custody conciliation conference with Custody Conciliator Melissa Peal Greevy, Esquire, on January 9, 2002, with regard to which conference this Honorable Court entered an Order of Court on January 30, 2002, providing for reasonable telephone contact between the minor child and her father and for counseling. 7. Petitioner requests emergency relief to deny any period of partial physical custody or visitation between Respondent/Father and the minor child because of the prospect of physical, emotional, and psychological injury inflicted on the minor child by Respondent/Father. On Saturday, March 9, 2002, Respondent/Father prompted an incident at ABC West Bowling Alley when his daughter, Amanda, was in his temporary physical custody. Prior to this incident, Respondent/Father drove his daughter while in an intoxicated condition, which condition is contrary to the existing custody order, and while in that condition and while at ABC West Bowling Alley, Respondent/Father terrorized his companion and his daughter, prompting his daughter to hide in the women's restroom which was guarded until such time as the police came and the Petitioner/Mother came to obtain Amanda, to take her home to Petitioner/Mother's residence. The Silver Spring Township police incident report is attached and incorporated as Exhibit "A." Since that time, daughter has refused to speak with her father by telephone, and daughter refused to see Respondent/Father. According to the custody order, Respondent/Father would be entitled to temporary physical custody beginning after school on this date, Friday, March 22, 2002,- until Sunday, March 24, 2002. WHEREFORE, Petitioner/Mother requests emergency relief to deny temporary physical custody to Respondent/Father until such time as a hearing can be held before this Honorable Court, a custody conference can be held to discuss and to provide a reasonable resolution, counseling can be ordered for Respondent/Father to assure the Petitioner/Mother and the minor child that the Respondent/Father will not exhibit conduct that would inflict physical, emotional, or psychological harm upon the minor child, or such other relief this Court feels appropriate to a custody arrangement between the parties. Respectfully submitted, BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: Je *e.?Boswell, Esquire Attorney for Petitioner, Cheryl L. Amsbaugh Dated: March 22, 2002 ID MAR 14'02 12:42 No,002 P,02 (DISIPINC) TMD1 UCFPSIL2 DISPATCH INCIDENT: 20020300202 SIL PAGE: 1 CALL TYPE: DISORDERLY CONDUCT LOCATION GRID CCL UCR IPG DISPO PRI --------------------------------------------------------------------------------- 06454 CARLISLE PIKE 0601 240 0000 Y 10 5 ALARM CTAK DPAT VEH-REGISTRAT MAKE DATE RECV DISP ARRV CLR TOTT REP ------------------------------------------------------------------------------- N 2407 WAB1 20020310 2322 2322 2324 2348 0026 N UNIT BADG OFFICER --------------------------------------------------------------------------- 30 2407 BURGER WILLIAM A 20020310 2322 2324 2348 Y 00 2412 HIPPENSTEEL II LEROY L 20020310 2322 2324 2348 NAMES: AMSBAUGH W/M PA LOPATIC W/F 318 AMSBAUGH W/F 9 MICHAEL (S) 000 000 0000 21525466 UNK. E FACTORY ST MECH. ADDRESS DAPHINE (W) 717 691 9867 E MARBLE ST MECH PA AMANDA (W) 717 691 7311 15 BUTTONWOOD DR CARLISLE PA COMMENTS: GOT A CALL FROM UNK. MGT. AT ABC WEST RPTS., INTOX. MALE BEING DISORDERLY OVER HIS DAUGHTER BEING IN THE RESTROOM & WILL NOT COME WHIM. SEEMS AMSBAUGH/LOPATIC & THEIR KIDS WERE BOWLING AND AMSBAUGH DRANK HIS LIMIT AND WAS ACTING LIKE A JERK. AT ONE POINT HE PINCHED LOPATIC'S NOSE AND TOLD HER HE WAS GOING TO BITE HER EAR OFF. LOPATIC AND KIDS DECIDED TO HIDE IN THE WOMEN' RESTROOM AND AMS13Ai10141S DAUGHTER DID NOT WANT TO GO WITH HIM. THE DAUGHTERS MOTHER CHERYL AMSBAUGH HAD ALREADY BREN CALLED BY ABC & WAS COMING TO GER THE GIRL. APPROX. 1 MIN. AFTER ARR:VAL GEORGE AMSBAUGH ARRIVED (MICHAEL'S DAD) AND TOLD HIS SON TO GET IN HIS VEHICLE. HE DID. MOTHER ARRIVED AND TOOK THE DAUGHTER (SEE HAS PRIMARY CUSTODY). BOTH DEPT, 22/25 WERE ADVISED OF POSSIBLE PRO- BLEMS AT ADDRESSES GIVEN. MS LOPATIC DID NOT WISH HARASSMENT CHARGE FOR THE INCIDENT A7T-Q', t,? Av?Lc?.,, VERIFICATION Petitioner verifies that the statements made in this Emergency Petition to Prevent Removal of Children from Jurisdiction Pursuant to PA. R. Civ. P. 1915.13 and Request for Immediate Hearing are true and correct to the best of his knowledge, information and belief. Petitioner understands that false statements herein are made subject to the penalties of 18 Pa. Cons. Star. Ann. § 4904, relating to unworn falsification to authorities. A Cheryl M. Amsbau4 Dated: March 22, 2002 CERTIFICATE OF SERVICE I, Jeffrey R. Boswell, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document to the following: Melissa Peel Greevy, Esquire Custody Conciliator 301 Market Street Lemoyne, PA 17043 Gary L. Kelley 132-134 Walnut Street Harrisburg, PA 17101 Method of Service: First class mail Certified mail/Restricted Delivery Hand-delivery X Via Fax BOSWELL, TINTNER PICCOLA & WICKERSHAM By: ey . Boswell, Esquire Dated: March 22, 2002 MAR ? X01 n CHERYL L. AMSBAUGH, Petitioner VS. MICHAEL G. AMSBAUGH, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 98-4384 CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 7? 2-Tay of March, 2002, upon consideration of the Emergency Petition for Special Relief, it is hereby ORDERED and DIRECTED. as follows: 1. Primary physical custody shall remain with the Mother. 2. Father shall have no periods of partial physical custody or visitation until further order of this Court. o ?"-•N ""? J, `,Q-X. 4?'Q 1)a) V'O?AL'NA 1-? t/GR*'-' IL ovl vhm ".J, 2-L"OL &-?- I I ocy" 3. Father shall obtain counseling for anger managementiand he shall ^* ^^° in cour^arng 11,,61 such time as the thempisOq satisf od, by wj;tton report to th,.? O-u. t, lint the Fathor may Five eonta lrytaloph..c-and in jxi?vu will, lua Ch Kl By the Court: ?o(?y mQ,lr'( 4o lyl, chi t &14461; J. CHERYL L. AMSBAUGH, PETITIONER V. MICHAEL G. AMSBAUGH, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 98-4384 CIVIL TERM ORDER OF COURT AND NOW, this bk day of April, 2002, by agreement of the parties, the within petition for special relief is referred to conciliation. The hearing currently scheduled for April 4, 2002, IS CANCELLED. Edgar B. Bayley, J Jeffrey R. Boswell, Esquire For Petitioner Gary L. Kelley, Esquire For Respondent Melissa Peel Greevy, Esquire Custody Conciliator Court Administrator :saa CHERYL L. AMSBAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 98-4384 CIVIL ACTION LAW MICHAEL G. AMSBAUGH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 09, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, May 21, 2002 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/ Melissa P. Greevy. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 /7 n P CHERYL L. AMSBAUGH, : IN THE COURT OF COMMON PLEAS OF PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL G. AMSBAUGH, RESPONDENT 98-4384 CIVIL TERM ORDER OF COURT AND NOW, this b day of April, 2002, by agreement of the parties, the within petition for special relief is referred to conciliation. The hearing currently scheduled for April 4, 2002, IS CANCELLED. A,( Edgar B. Bayley, J Jeffrey R. Boswell, Esquire For Petitioner Gary L. Kelley, Esquire For Respondent Melissa Peel Greevy, Esquire Custody Conciliator Court Friinistrator :saa JUN 2 1 2002 N CHERYL L. AMSBAUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 98-4384 CIVIL TERM V. CIVIL ACTION - LAW MICHAEL G. AMSBAUGH, Defendant IN CUSTODY Bayley, J. TEMPORARY ORDER OF COURT AND NOW, this {ay of , 2002, upon consideration of the attached Custody Conciliation Summary Report nd an agreement by the parties, it is hereby ordered and directed as follows: 1. Legal Custody. Cheryl L. Amsbaugh and Michael G. Amsbaugh shall have shared legal custody of the minor child, Amanda N. Amsbaugh, born April 16, 1992. 2. Physical Custody. Mother shall have primary physical custody. 3. Father and Amanda shall participate in counseling to address Amanda's reaction to Father's behavior. The goal of the counseling will be to allow Amanda, in a therapeutic setting, to address her concerns about Father's conduct and to establish what Amanda's needs are in terms of the conditions upon which supervised and unsupervised visitation may be able to occur in a way that is emotionally and physically safe for Amanda. On June 17, 2002, Mother shall contact the child's therapist, Patricia Moore, to arrange an appointment for Amanda and Father. Mother shall endeavor to set an appointment for 8:00, 9:00 or 10:00 a.m., if those appointment times are available. Father will pay 100%a of unreimbursed costs for the first two sessions with the therapist. In the event that additional sessions are warranted, the counselor should make that recommendation to the parties in a report. 4. Supervised Visitation. Father shall have supervised visitation at the home of the paternal grandparents to commence on the therapists' recommendation, the first Saturday after it is determined that Amanda is ready to resume regular contact with her Father. The visit shall occur from 10:00 a.m. Saturday until 6:00 p.m. at the home and in the presence of the paternal grandparents. The frequency of additional visits shall be guided by Amanda's progress as determined by her therapist. Mother shall provide transportation and arrange to share the transportation with the paternal grandparents, if needed. Father will continue in counseling with David Russell. Both parties shall have appropriate consents to release confidential information signed so that Father's counselor and Amanda's counselor will have the authority to speak with each other about this incident and assist each other in assessing the means by which Amanda and her Father can attempt a reconciliation. It is permissible for Father's therapist to participate in these sessions with Amanda and her therapist, Ms. Moore. 5. For a period of twelve hours before and continuing throughout any period of supervised visitation or partial custody with the minor child, Father shall consume no alcoholic beverages whatsoever. 6. The child's counselor shall provide a report as to the progress of reconciliation work being done between the child and Father and an assessment of when the child might be ready for unsupervised contact with Father no later than August 5, 2002. Within ten days of the receipt of the report, either party may request an additional conference through the Custody Conciliator's office via letter. BY THE J. Dist: Jeffrey R. Boswell, Esquire, P.O. Box 741, Harrisburg, PA 17108-0741 Michael G. Amsbaugh, pro se, 486 Berkshire Lane, Mechanicsburg, PA 17050 CHERYL L.AMSBAUGH, Plaintiff V. MICHAEL G. AMSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4384 CIVIL TERM 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 child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Amanda N. Amsbaugh April 16, 1992 Mother 2. A Custody Conciliation Conference was held on June 17, 2002 pursuant to an April 1, 2002 Order of Judge Bayley. Mother had petitioned for emergency relief based on a March incident wherein Father was allegedly drunk during a period of custody on March 9, 2002. Present for the conciliation conference were: the Mother, Cheryl L. Amsbaugh, and her counsel, Jeffrey R. Boswell, Esquire; the Father, Michael G. Amsbaugh, who appeared pro se. According to the police report, Father pinched his girlfriend's nose and threatened to bite her ear off. The girlfriend, her children and these parties' daughter hid in the bathroom. The police were called by the management of the bowling alley. Mother alleges that she has been told that Father was drinking and driving during periods of custody and that Amanda continues to be fearful of her Father, particularly when he is drinking alcohol. Mother sought supervised visitation and continued counseling. 3. The parties reached an agreement as to a Temporary Order as in the form attached. 1;2? Date V' Melissa Peel Gree7y, Esquire Custody Conciliat6r :159670 CHERYL L. AMSBAUGH, Plaintiff vs. MICHAEL G. AMSBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4384 CIVIL ACTION - LAW CUSTODY COMPLAINT TO MODIFY CUSTODY ORDER r-?A AND NOW, this :yam day of Jaawetj 2004, comes the Defendant, Michael G. Amsbaugh, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Defendant, Michael G. Amsbaugh, is an adult individual currently residing at 183 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Plaintiff, Cheryl L. Amsbaugh, is an adult individual currently residing at 15 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant are the natural parents of one child; namely: Amanda N. Amsbaugh, born April 16, 1992. 4. Attached hereto and marked Exhibit "A" is a copy of an Order of Court dated January 30, 2002, wherein your Honorable Court incorporated the Order dated October 23, 2000, with modifications. 5. The Defendant, Michael G. Amsbaugh, was afforded alternate weekend visits with his daughter, as well as, telephone contact, holiday visitation, and counseling with the minor child's therapist. 6. Since the entry of the most recent Order dated January 30, 2002, the Defendant, Michael G. Amsbaugh, has been denied visitation with his daughter on numerous occasions. 7. The Defendant, Michael G. Amsbaugh, desires to commence his partial custody rights with the minor child. 8. The Defendant, Michael G. Amsbaugh, has attempted to enforce the Orders and his rights with his daughter. 9. A substantial amount of time has lapsed since the Defendant has been afforded a regular partial custody schedule with his minor daughter. 10. The Defendant, Michael G. Amsbaugh, respectfully requests a Conciliation Conference be scheduled to re-evaluate the Orders of Court and so that he may commence contact with his daughter on a regular basis. 2 WHEREFORE, the Defendant, Michael G. Amsbaugh, respectfully requests your Honorable Court to modify the Orders of Court dated January 30, 2002, and October 23, 2000. Respectfully submitted, BY:6 y/`?Glc Diane M. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Dated: 3 EXHIBIT "A" AN k; 4?fir', w CHERYL L. AMSBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 88-4384 MICHAEL 0. AMSBAUGH, : CIVIL ACTION - LAW Defendant : CUSTODY Bayley, J. - ORDER OF COURT AND NOW, this A o day of January, 2002, upon consideration of the attached Custody Conciliation Summary Report, it Is hereby ordered and directed as follows: 1. The Order of October 23, 2000, shall remain in full force and effect with the following modifications: A. Father shall be permitted reasonable telephone contact with the minor Child which, at minimum, shall include a telephone call between 8:00 p.m. and 8:30 p.m. each Wednesday evening. Additionally, the Child may Initiate a telephone call to the non-custodial parent upon her request. B. Mother shall continue to take the Child to counseling which was initiated on or about October 23, 2001. Each parent shall participate as requested by the Child's therapist. Additionally, the parents shall participate in such additional counseling as the Child's therapist may think would be beneficial to the Child. Father is to contact the therapist by January 14, 2002. In the event that therapist has input to offer with regard to the alleged resistance to contact the Father and with regard to the appropriate custodial schedule, the counselor shall provide this input to counsel for the parties. 2. Neither party shall door say anything which may estrange the Child from the other parent, Injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parents shall establish a no-conflict zone for their Child and refrain from making derogatory comments about the other parent in the presence or earshot of the Child and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the Child. TO 39H8 A3713H TgL TSEZL TL b9:60 7007/TP/7P No, 98-4384 - Civil Term 3. Vacation. Each party shall be entitled to two non-consecutive weeks of vacation to include their custodial weekend, Vacation time shall run from Friday to Sunday encompassing a total of ten days. Each party shall provide thirty days written notice to the other parent of the time chosen for vacation. In the event that the vacation times overlap, the party first providing written notice to the other parent shall have the choice of vacation time. The non-vacationing parent shall confirm their understanding of the vacation schedule in writing to the other parent. BY THE COURT, 44: al] -A. AFL. Edgar Bayley, J. Dist Jeffrey R. Boswell, Esquire, PO Box 741, Harrisburg, PA 17108.0741 Gary L. KeBsy, Esquire, 132.134 Walnut Street, Harrisburg, PA 17101 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my held and OP seal of saidkourt at Grlisle, Pa. Z0 39Hd A3113A T9LTBEZLTL b9:60 Z00Z/T0/Z0 VERIFICATION I verify that the statements made in this Complaint to Modify Custody Orders 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. A VHeL 4.AMSBA G Date: 02/ Z A y o ? (l N \ Q ° O ? 9T1 ) _ ?% W CHERYL L. AMSBAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 98-4384 CIVIL ACTION LAW MICHAEL G. AMSBAUGH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, February 23, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, March 16, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greevy. 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 11o- hc.r APR 0 7 2004 CHERYL L. AMSBAUGH, Plaintiff V. MICHAEL G. AMSBAUGH, Defendant BAYLEY, J. ---- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4384 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this 1'61 day of April, 2004, upon consideration of the attached Custody Conciliation Summary Report and an agreement by the parties, it is hereby ordered and directed as follows: 1. Leaal Custody. Cheryl L. Amsbaugh and Michael G. Amsbaugh shall have shared legal custody of the minor child, Amanda N. Amsbaugh, born April 16, 1992. 2. Physical Custody. Mother shall have primary physical custody. 3. Father and Amanda shall participate in therapeutic family counseling at Interworks. The goal of the counseling shall be to assist Amanda in the necessary emotional adjustments to resuming regular contact with her Father, and in a therapeutic setting, to address her concerns and establish what Amanda's needs are in terms of the conditions upon which supervised and unsupervised contact may occur in a way that is emotionally and physically safe for Amanda. Both parents shall participate upon the request of the therapist. It is anticipated that the initial contact between Amanda and Father will begin with visits in the therapist's office. The parties will be guided by the therapist's assessment of Amanda's needs in the establishment of the relationship between Amanda and her Father and which may include a step-wise progression from supervised contact outside of the therapist's office to shorter periods of partial custody prior to the resumption of traditional custodial weekends that include overnight stays. 4. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. NO. 98-4384 CIVIL TERM 5. Amanda shall be permitted to attend the 85`h birthday celebration of her Father's maternal grandmother on April 10, 2004. Mother will provide transportation incident to the custodial exchange by delivering the child to the maternal grandmother's residence at 3:00 p.m. and returning to pick her up at 8:00 p.m. that day. 6. For a period of twelve hours before and continuing throughout any period of supervised visitation or partial custody with the minor child, Father shall consume no alcoholic beverages whatsoever. BY TH URT: C 00 Edgar B. Bayley, J. Dist: -Kane M. oils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102 ,Jessica Diamondstone, Esquire, 8 Irvine Row, Carlisle, PA 17013 V ?? oil-b8-o5? hh -.01 ?, Ij 0 - M h:lol CHERYL L.AMSBAUGH, Plaintiff V. MICHAEL G. AMSBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4384 CIVIL TERM 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 child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Amanda N. Amsbaugh April 16, 1992 Mother 2. A Custody Conciliation Conference was held on March 30, 2004 following Father's February 10, 2004 filing of a Complaint to Modify Custody. Attending the Conciliation Conference were: the Mother, Cheryl L. Amsbaugh, and her counsel, Jessica Diamondstone, Esquire; the Father, Michael G. Amsbaugh, and his counsel, Diane M. Dils, Esquire. The parties reached an All- agreement in the form of an Order as attached. ?I Melissa Peel Greevy, Esquire Custody Conciliator :226456 CHERYL L. AMSBAUGH, Plaintiff vs. MICHAEL G. AMSBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4384 CIVIL ACTION - LAW CUSTODY COMPLAINT TO MODIFY CUSTODY ORDER AND NOW, this 18`h day of April 2006, comes the Defendant, Michael G. Amsbaugh, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. Your Movant is Michael G. Amsbaugh, an adult individual currently residing at 183 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Plaintiff above-named, Cheryl L. Amsbaugh, is an adult individual currently residing at 15 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant are the natural parents of one child; namely: Amanda N. Amsbaugh, born April 16, 1992. 4. Attached hereto and marked Exhibit "A" is a copy of an Order of Court dated April 8, 2004, setting forth the custodial provisions concerning the parties and their child. 5. The parties, since approximately the Fall of 2005, until December 2005, were enjoying shared physical custody of their daughter, week on/week off. 6. On or about April 10, 2006, the minor child was at the mother's home with her live-in boyfriend, when an argument ensued between mother's boyfriend and the minor child. 7. At that time, the minor child was told to, "go live with your dad, and get the f--- out of my house, you fat, ungrateful bitch". 8. The minor child attempted to call her mother and speak with her mother on the telephone, as her mother was at work. 9. Cheryl L. Amsbaugh told her daughter over the phone to, "...get your shit and get your cat and get out...." 10. The minor child has resided with her father since April 10, 2006. 11. It is believed that the best interest of the minor child will be served by granting primary physical custody to Michael G. Amsbaugh. 2 WHEREFORE, Michael G. Amsbaugh, respectfully requests your Honorable Court to grant his request. Respectfully submitted, r. , ` Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Dated: April 18, 2006 Ll ?? qr APR ?• CJ?I? BY. ?DATE CHERYL L. AMSBAUGH, Plaintiff V. MICHAEL G. AMSBAUGH, Defendant BAYLEY, J. ---- TEMPORARY ORDER OF COURT IN CUSTODY AND NOW, this day of April, 2004, upon consideration of the attached Custody Conciliation Summary Report and an agreement by the parties, it is hereby ordered and directed as follows: 1. Legal Custody. Cheryl L. Amsbaugh and Michael G. Amsbaugh shall have shared legal custody of the minor child, Amanda N. Amsbaugh, born April 16, 1992. 2. Physical Custody. Mother shall have primary physical custody. 3. Father and Amanda shall participate in therapeutic family counseling at Interworks. The goal of the counseling shall be to assist Amanda in the necessary emotional adjustments to resuming regular contact with her Father, and in a therapeutic setting, to address her concerns and establish what Amanda's needs are in terms of the conditions upon which supervised and unsupervised contact may occur in a way that is emotionally and physically safe for Amanda. Both parents shall participate upon the request of the therapist. It is anticipated that the initial contact between Amanda and Father will begin with visits in the therapist's office. The parties will be guided by the therapist's assessment of Amanda's needs in the establishment of the relationship between Amanda and her Father and which may include a step-wise progression from supervised contact outside of the therapist's office to shorter periods of partial custody prior to the resumption of traditional custodial weekends that include overnight stays. 4. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4384 CIVIL TERM CIVIL ACTION - LAW NO. 98-4384 CIVIL TERM 5. Amanda shall be permitted to attend the 85th birthday celebration of her Father's maternal grandmother on April 10, 2004. Mother will provide transportation incident to the custodial exchange by delivering the child to the maternal grandmother's residence at 3:00 p.m. and returning to pick her up at 8:00 p.m. that day. 6. For a period of twelve hours before and continuing throughout any period of supervised visitation or partial custody with the minor child, Father shall consume no alcoholic beverages whatsoever. BY THE COURT: S Ed r B. Bayley, J. ff-j Dist: Diane M. Dils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102 Jessica Diamondstone, Esquire, 8 Irvine Row, Carlisle, PA 17013 TRUE COPY In Testimony whereo andAhe seal of said I FROM RECORD I here unto set my hand Iurt at Carlisle, Pa. VERIFICATION I verify that the statements made in this Complaint to Modify Custody Order 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. CHAEL G. AMSBAUGH Date: April 18, 2006 9? C CHERYL L. AMSBAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL G. AMSBAUGH DEFENDANT 98-4384 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 03, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Thursday, June 08, 2006 at 12:30 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/ Melissa P. Gree Es q. 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 4;?A? , ?"w .AIPJr"?? ';iJ -)o•FS 3,AL =10 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Defendant, Michael G. Amsbaugh CHERYL L. AMSBAUGH, Plaintiff VS. MICHAEL G. AMSBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1998 - 4384 Civil Term CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Diane M. Dils, Esquire, who being duly sworn deposes and says that a true and correct copy of the Complaint to Modify Custody Order has been served upon the Defendant, Cheryl L. Amsbaugh, at 15 Buttonwood Lane, Carlisle, Pennsylvania 17013, by First Class, United States Mail, Certified No. 7002 1000 0005 1876 7789. r Attached hereto is the return receipt card executed by her agent dated May 10, 2006, evidencing receipt of the same. iane M. Dils, Esquire Sworn and subscribed to before me this /6 Y? day of , 2006. Notary Public NOV K SEAL K RA A. PIKE, NOTARY PUBUC CITY OF HAI RIMRG, DAUPHIN CO. M COMMISSION EAPIRES OCT. 24, 2009 P. •. ¦, Complete Iterns 1, 2, and 3. Aleo oorn*W Item 4 If Restricted Delivery Is desired. ¦ Print your na ne and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the bunt if space permits. 1. ArBde Addmosed to.. A. SIQr1atY1 13 Aph X o Ad* w L by (A*ftdN&Inli' 0,-paps- , paps of Dommy S'/d D. Is ddmv addirta d oaa *=JWn 19 Blue ALO~ Moll RPM Mall 0 13 Reauin Aio A lpt for MaahsrdsR o In.uned Ntr o aoo. 4. l O*Ltsd DMvsry? MMw Felt) 0 lhs 2. A rWo N umber fnarwutrrna„i,r,?Ilo„re,q 7002 1000 0005 1876 7789'' Ps Form 3811, February 2004 Domestlo R.a.n Reoetpt tase?e as tr 1s+o C C= C= - 0 - . cs ? r rn Q CHERYL L. AMSBAUGH, Plaintiff V. MICHAEL G. AMSBAUGH, Defendant .......... SEP 2 ,9 2006 IN THE COURT OF CO ?l CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-4384 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this day of September, 2006, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE OUR BY: Melissa Peel Greevy, Esquire Custody Conciliator :284071 N {_) _ f'i 1 f t = _. :. f7l • t Y l 1??1:a f? 'ta'r -mot 7- CHERYL L. AMSBAUGH, Plaintiff _v_ MICHAEL G. AMSBAUGH, Defendant BAYLEY, J. ---- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENN. SYL'VANIA No. 98-4384-CIVIL TERM CIVIL ACTION -LAW IN CUSTODY CUSTODY STIPULATION AGREEMENT AND NOW this <:???-- day of September, 2006, Plaintiff, CHERYL L. AMSBAUGH (hereinafter referred to as "Mother"), represented by Debra R. Mehaffie, Esquire and Defendant MICHAEL G. AMSBAUGH (hereinafter referred to as "Father"), represented by Diane M. Dils, Esquire, hereby stipulate and otheLiv se agree to the following Custody Agreement with respect to their minor child, Amanda N. Amsbaugh, born April 16, 1992. WHEREAS, Father filed a Complaint to Modify Custody Order on April 24, 2006; WHEREAS, a Pre-Hearing Custody Conference is presently scheduled for September 29, 2006; WHEREAS, the parties are desirous of reaching a modified agreement to be entered as an Order of Court in lieu of attending the Pre-Hearing Custody Conference: 1. Legal Custody. Mother and Father shall have shared legal custody of the minor child Amanda N. Amsbaugh. Legal Custody means that the parties agree that major decisions concerning the child, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa. C.S. 5309. 2. Physical Custody. A. Mother shall have primary physical custody. B. Father may enjoy periods of partial custody with the minor child only during times as mutually agreed upon by Father and the minor child. Father specifically agrees not to pursue visitation with the minor child unless the minor child desires to visit with Father. 3. During any period of custody, partial custody or supervised visitation with the minor child and for a period of twelve hours before, the parties shall not 2 possess or use controlled substances or consumer alcoholic beverages. The parties shall likewise assure, to the extent possible, that other household members and / or houseguests comply with this prohibition. 4. It is the intent of the parties and the parties hereby agree that this Agreement, consisting of three (3) pages, shall be take effect immediately upon execution by the parties and that this Agreement shall be entered as an Order of Court. liiane ivi. uns, uire 3 eryl V. Amsbaugh (SEAL) F7 to, 9002 S 0 130 OCT 0 5 2006 CHERYL L. AMSBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA -v- No. 98-4384-CIVIL TERM MICHAEL G. AMSBAUGH, Defendant BAYLEY, J. ---- CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this Cp day of ? 2006, upon consideration of the attached Custody Stipulation Agreement by the parties, it is hereby ORDERED and DECREED that the attached Stipulation is hereby entered as an Order of Court. BY TRECOURT: ?or Edg a t. 8, 8cui 1 el J. Distribution: Ora R. Mehaffie, Esquire, Law Offices of Robert S. Mirin, 2515 N. Front Street, Harrisburg, PA 17110 (coons r Plaintiff) iane M. Dils, Esquire, Dils & Dils, 1400 North Second Street, First Floor Front, Harrisburg, PA 17102 (counsel for Defendant) a .' ' -?- _ - '_:; -- ?_ ? _ ?" 3 ? ? .a _ -_. CHERYL L. AMSBAUGH IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA -v- NO. 98-4384 MICHAEL G. AMSBAUGH CIVIL ACTION - LAW !75`.f; Defendant CUSTODY PETITION TO MODIFY CUSTODY ORDER -= s_ AND NOW comes the Petitioner, Cheryl L. Amsbaugh, by and through h`r attorney, Debra R. Mehaffie, Esquire, who requests that the current custody order be modified and in support thereof avers as follows: v iz w? 1. The Petitioner is Cheryl L. Amsbaugh, an adult individual who currently resides at 15 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Michael G. Amsbaugh, an adult individual who currently resides at 183 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Petitioner and Respondent are the biological parents of one minor child, Amanda N. Amsbaugh, born April 16, 1992, age 15. 4. The current custody order provides the parties with shared legal custody, Petitioner with primary physical custody, and Respondent with periods of partial custody only during times as mutually agreed upon by Respondent and the minor child. A true and correct copy of the Order of Court dated October 10, 2006 and Custody Stipulation Agreement of the parties is attached hereto as Exhibit "A". 5. Modification of the custody order pertaining to Respondent's periods of partial ?-T7 :-_? car custody are necessary based upon a substantial change in circumstances. 6. Beginning in April of 2007, the minor child chose to initiate contact with the Respondent and periodically visited with the Respondent and his new wife. 7. The Respondent had a twenty-five (25) year old man (hereinafter referred to as "Christopher") living in his home for a period of time during the summer and fall of 2007. This individual has been known to use marijuana and was not employed in a full time position at the time. 8. During the fall of 2007, the minor child increased her periods of partial custody at the Respondent's home. 9. The minor child expressed a great deal of interest in Christopher who spent a significant amount of unsupervised time with her. 10. In November 2007, the minor child posted information on her "My-Space" page that strongly suggested an improper relationship between the child and Christopher. The child's "blog" was found by Petitioner after it was posted. 11. The minor child has remained in the Respondent's custody since December 27, 2007, with the exception of January 6 through 11, 2008. During this period of time, Petitioner has only enjoyed periodic periods of partial custody. 12. Petitioner believes that the minor child remains in Respondent's custody due to the lack of supervision in the Respondent's home that is clearly advantageous from the child's perspective, and the child's desire to continue a relationship with Christopher. 13. The Respondent allows the child to have unlimited and unsupervised usage of the internet, including but not limited to "My-Space," "Facebook," e-mail, instant messaging, and chat rooms. She has downloaded pornographic pictures onto her Ipod and participates in on-line "chats" and text messaging with individuals who represent that they are from areas outside of Pennsylvania such as Washington D.C. and Belgium. It is unknown whether any of these individuals are adults. She has also admitted to continuing a relationship with Christopher via computer. 14. The child has posted pictures on her "My-Space" account of herself in a ripped tank top with her bra showing and a caption that reads "rip my shirt not my heart" and a picture of herself with a caption that reads "porn star." 15. Respondent has been known to permit and condone the child's sexual activities with her peers. 16. The child has recently expressed that she does not want Petitioner to have access to her medical records. 17. The child earned "B's" in history and math during the first semester, however these grades have fallen to "D's" due to the child not completing and turning in homework. 18. Respondent continues to consume alcohol during his periods of custody, which is a clear violation of the current Order of Court and a matter of contempt. Respondent's wife has also consumed alcohol in the presence of the child. 19. Petitioner is not aware of any efforts by the Respondent to provide appropriate supervision for the minor child. 20. Petitioner is gravely concerned that the lack of supervision and the activities that the child is involved in at Respondent's home are detrimental to the child's best interests. 21. Petitioner is not aware of any efforts on the part of the Respondent to encourage the minor child to continue a relationship with the Petitioner. In fact, Petitioner believes that Respondent has discouraged the child from being in Petitioner's primary custody and that he is improperly influencing the minor child to remain in his custody for his own benefit. 22. Respondent will not return Petitioner's phone calls to discuss the welfare of the child. 23. The current Order of Court was appropriate at the time it was entered because it provided protection for the minor child from being in the custody of the Respondent who has a long history of abusing alcohol in the presence of the child. However, the language that was intended to protect the child, is now being manipulated in a manner that is clearly contrary to the best interests of this young teenage girl. 24. Petitioner requests that the minor child be present at the custody conference so that the custody conference officer can speak with the child in camera regarding Petitioner's concerns set forth herein. 25. The best interests of the child will be served by continuing primary custody in the Petitioner and granting Respondent specific regular periods of custody where appropriate supervision is provided, while providing that the minor child shall not be in Respondent's custody if he or anyone in his home is under the influence of alcohol or the child does not feel safe in his custody. It is further requested that the parties participate in co-parenting counseling to address communication concerns and to minimize the child's manipulation concerning her custody. WHEREFORE, Petitioner Cheryl L. Amsbaugh respectfully requests that this Honorable Court grant the relief request herein. Respectfully submitted: Dated- /14 rhi .D. No. 90951 2515 N. Front Street Harrisburg, PA 17110 Tele: (717) 909-9900 Fax: (717) 561-1616 Susquehanna@comcast.net Counsel for Petitioner Cheryl L. Amsbaugh VERIFICATION I, Cheryl L. Amsbaugh, hereby verify that the statements made in this Petition to Modify Custody Order 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 Dated: Cheryl (Y. Amsbaugh, Petiti r E-1 hlbit U(:1 (i 5 1ov, CHERYL L. AMSBAUGH, Plaintiff -v- MICHAEL G. AMSBAUGH, Defendant BAYLEY, J. ---- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 98-4384-CIVIL TERM RECEIVED lY CIVIL ACTION- LAW IN CUSTODY ORDER OF COURT SIAM a AND NOW, this Qfi day of , 2006, upon consideration of the attached Custody Stipulation Agreement by the parties, it is hereby ORDERED and DECREED that the attached Stipulation is hereby entered as an Order of Court. BY THE COURT: ?oF. Distribution: Debra R. Mehaffie, Esquire, Law Offices of Robert S. Mirin, 2515 N. Front Street, Harrisburg, PA 171 10 (counsel for Plaintiff) Diane M. Dils, Esquire, Dils & Dils, 1400 North Second Street, First Floor Front, Harrisburg, PA 17102 (counsel for Defendant) TRUE Cr,-n,#" r,-,y PFCORD Ili Testimorr- , s:,?t my hand and seal of 1, Pa. Thl .....1...., day 10...., T ?.?To6 CHERYL L. AMSBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENN SYLVANIA -v- No. 98-4384-CIVIL TERM MICHAEL G. AMSBAUGH, :CIVIL ACTION -LAW o Defendant IN CUSTODY C", C BAYLEY, J, C _ co c5 m CUSTODY STIPULATION AGREEMENT ± rv c..3 AND NOW this c?'6y-4day of September, 2006, Plaintiff, CHERYL L. AMSBAUGH (hereinafter referred to as "Mother"), represented by Debra R. Mehaffie, Esquire and Defendant MICHAEL G. AMSBAUGH (hereinafter referred to as "Father"), represented by Diane M. Dils, Esquire, hereby stipulate and otherwise agree to the following Custody Agreement with respect to their minor. child, Amanda N. Amsbaugh, born April 16, 1992: WHEREAS, Father filed a Complaint to Modify Custody Order on April 24, 2006; WHEREAS, a Pre-Hearing Custody Conference is presently scheduled for September 29, 2006; WHEREAS, the parties are desirous of reaching a modified agreement to be entered as an Order of Court in lieu of attending the Pre-Hearing Custody Conference: 1. Leval Custody. Mother and Father shall have shared legal custody of the minor child Amanda N. Amsbaugh. Legal Custody means that the parties agree that major decisions concerning the child, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa. C.S. 5309. 2. Physical Custody. A. Mother shall have primary physical custody. B. Father may enjoy periods of partial custody with the minor child only during times as mutually agreed upon by Father and the minor child. Father specifically agrees not to pursue visitation with the minor child unless the minor child desires to visit with Father. 3. During any period of custody, partial custody or supervised visitation with the minor child and for a period of twelve hours before, the parties shall not 2 possess or use controlled substances or consumer alcoholic beverages. The parties shall likewise assure, to the extent possible, that other household members and / or houseguests comply with this prohibition. 4. It is the intent of the parties and the parties hereby agree that this Agreement, consisting of three (3) pages, shall be take effect immediately upon execution by the parties and that this Agreement shall be entered as an Order of Court. 3 Diane M. Dils, squire f eryl V. Amsbaugh (SEAL) - ' d ? r ? rt7 v ??t c l CHERYL L. AMSBAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL G. AMSBAUGH DEFENDANT 1998-4384 CIVIL ACTION LAW . 1N' CUSTODY ORDER OF COURT AND NOW, Wednesday, March 19, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 22, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Jacqueline M. Verney, Esq. ,i1(n 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 4wvv/-, --4- %Kav? 44) 50 - ©,?, Off- f 7'= tj E S . I Hld OZ ?J w goon CHERYL L. AMSBAUGH PLAINTIFF V. MICHAEL G. AMSBAUGH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 1998-4384 CIVIL ACTION -LAW : IN CUSTODY PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance as agent of the Law Offices of Robert S. Mirin on behalf of Cheryl L. Amsbaugh in the above-captioned matter. Kindly enter my appearance on behalf of Cheryl L. Amsbaugh in the above-captioned matter. Date: -- Lo Respectfully submitted: ebra R. _N*haffie, Esquir/ caringi & Scaringi, P.C. U I.D. No. 90951 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 l l ?. ) . ? ? -? ... ? '? "i ,?7,_ . g F +,' - ,.. G. .? ?r _ '+ ? J ?? J'. a MAY OS 200Ar CHERYL L. AMSBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1998-4384 CIVIL ACTION - LAW MICHAEL G. AMSBAUGH, Defendant : IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this day of , 2008, upon consideration of the attache Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated October 10, 2006 is temporarily suspended. The following shall remain in full force and effect temporarily. 2. The Mother, Cheryl L. Amsbaugh and the Father, Michael G. Amsbaugh, shall have shared legal custody of Amanda N. Amsbaugh, born April 16, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records. the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same. or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Father shall have primary physical custody of the child. a 4. Mother shall have periods of partial physical custody of the child as recommended by the therapeutic family counselor. 5. The parties shall cooperate with family therapeutic counseling with Guidance Associates. The parties, including the child, shall sign releases so the counselor may discuss their progress with counsel for the parents. 6. 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. Another Custodv Conciliation Conference is scheduled for July 1, 2008 at 8:30 a.m. BY THE COURT cc: ebra R. Mehaffie, Esquire, Counsel for Mother Diane M. Dils, Esquire, Counsel for Father COP i.s mitt s??log C?l WZ CHERYL L. AMSBAUGH, Plaintiff V. MICHAEL G. AMSBAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 1998-4384 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P. J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Amanda N. Amsbaugh April 16, 1992 Father 2. A Conciliation Conference was held in this matter on May 1, 2008, with the following in attendance: The Mother, Cheryl L. Amsbaugh, with her counsel, Debra R. Mehaffie, Esquire, and the Father, Michael G. Amsbaugh, with his counsel, Diane M. Dils, Esquire. 3. A prior Order of Court was entered by the Honorable Edgar B. Bayley, P..l.. dated October 10, 2006 providing for shared legal custody, with Mother having primary physical custody and Father and daughter having periods of partial physical custody as agreed by Father and daughter. Daughter recently began living primarily with Father. 4. The parties agreed to an Order in the form as attached. /L4° Date ac line M. Verney, Esquire Custody Conciliator d CHERYL L. AMSBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1998-4384 CIVIL ACTION - LAW MICHAEL G. AMSBAUGH Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 14th day of September, 2009, neither party having requested another conciliation conference and ninety days having passed since the last conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, cq ne M. Verney, Esquire, Cu dy Conciliator 2009 SEP 15 A 9= 2 4 cum, ?; ,