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HomeMy WebLinkAbout99-01960 7. Ilecau~e Cory began residing full-time with Plaintiff. Plaintiff sough I 0 partial rcduelion in child support which was granted on March 22, 1999 through Ihc York County Domestic Relations Office. H. The parties hod previously agreed to alternate weekends with Cory and Ihe parties other two children and Defendant's first weekend since the reduction of child support was adjudicated was on Friday, April 2, 1999. 9. Defendant was 10 return Cory to the custody of Plaintiff on Sunday evening, April 4, 1999; however, Defendanl r,ever returned Cory and instead at about 8:30 p.m., Defendant called Plaintiff and informed him tbat she was nol returning Cory to Plaintiff. 10. Defendant gave no prior notice to Plaintiff or to Cory tbat she would undertake such drastic and unilateral action concerning the custody of Cory. II. Plaintiff has this date has filed a Complaint for Custody seeking shared legal custody of Cory with Plaintiff having primary physical custody with Defendant having periods of partial custody as the parties had been previously observing on their own volition. 12. Plaintiff desires to have the status quo reinstated and therefore to have Cory returned to the custody of Plaintiff until the parties have an opportunity to hove a custody conciliation conference scheduled and heard. WHEREFORE, Plaintiff respectfully requests that this Honorable Court direct Defendant to return Cory J. Strausbaugh to the care and custody of Plaintiff pending a Custody Conciliation Conference. Respectfully Submitted: Dated: :!ir....jlC?1 On Febuary I 1999 I Chad Strausbaugh got primary custody for Cory J. Strausbaugh to come live with me at 195 Ashford Drive Enola Pa, 17025, He is now attending school at East Pennsboro Elementry School. Father j)fu:1~ Mother~. U Date ,.2-3'- P? Date J-j-9? ,/7/' VIII ell r /'IT VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A. Seotion 4904. Dated: fI~/'l? / ~/~ I CIIAn STRAtlSDAUGlI, l'lalnlift : IN Tilt: CotlRT OF COMMON PLEAS : ctIMIIEIU.ANn COUNTY, I'ENNSYI.V ANIA vs, : NO, IICI. I 111,0 CIVIL TERM ANGELI QUE M, STltAUSIlAUGII, nefendant : IN ('t ISTOny CERTIFICATE OF SERVICE ...._M.._... I, Lisa Marie Coyne, Esquire herehy certify that on April 12, 1999, service of Complaint for Custody, Petition for Special Relief, and Order of Court, dated April 5,1999 was made by First Class Certified Mail, to Ms. Angelique M. Strausbaugh, 2111 School Street, York, Pennsylvania 17404. Dated: / h 4;rnZL" 9 l' r;:---- l:f SENDER: I'" . co~.r. Itlm. 1 IndJ 2 1 !I : Co lell1 ft.m. 3, end 0"1 ~O:. addltlona' aervlCftl. I f'! 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Addressee's and fee is p . il'U.S. GPO; 18G3-352.714 Spac:ia eh ryFeo ,:\~;'\ / . .. I Raslticled livery If'< /., ') / to \ ~-; ~ Relum Receipt Showiiirto ... Whom & Dale De~vetod ~ RellJmRocC{:llShowngto Dale, & Addtessee's Adctess o g TOTAL Postage & Fees CO) PostmatkorDato E ~-'Tf_I_. l~ ~."t.LCt </) Q. IJ-'J , .)-- 4 flR:_ 0_,_... j >- r-. '- r-.~ 0; N -. <... , -' ,- e) ~ -. UJ.,-. ()t: ~. FE:! c.: I =:J C)t:. . -,.- [S'-~ '-D .;~,) ll.J'- r....... a:L:: c:-; ....Ii:a ;!; Coo ::~1 r:- "'" ::; t5 en CJ' U ( ( CHAD J. STRAUSBAUGH, Plaintiff : IN iHE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PA GUl( k/L~ vs. . : NO. q9 - /Cffr,() ANGELI QUE M. STRAUSBAUGH. Defendant : In Custody ORDER OF COURT AND NOW, this \ l..\ day of p.,~)r\ \ , 1999, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before }-\, ( hen:::: \ \ . ~Cl"\'l~ Esquire, Custody Conciliator on , on the ~.:::J day of Nfl''-l ' 1999, at ID o'clock .Q-.m., for a Pre-hearing Custocy 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. Conference is to be held at: ~D~ "), \R~ ___)\-. \ (\f\\~ \-\\ \ \ , 9~_ FOR THE COURT By:_~d.~~. Custody Conciliator L .~:\ YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral System 2 Liberty Avenue Carlisle, PA 17013 Phone: 1-800-990-9108 The mother of the children is Angelique M. Stnlusbaugh. currently residing at2111 School Street, Shiloh, Pennsylvania 17404. She is single. The father of the child is the Plaintiff, Chad J. Stnlusbaugh. currently residing at 195 Ashford Drive, Enol a, Pennsylvania. He is married. 4. The relationship of pi aintiff to the children is that of natural father. The plaintiffcurrently resides with the following persons: Cory Strausbaugh Jodi L. Strausbaugh, wife Amanda Mullen - step-daughter 5. The relationship of defendant to the children is that of natural mother. The defendant currently resides with the following persons: Mason T. Strausbaugh Jeremie S. Strausbaugh 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no infonnation of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff docs not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. On Febuary 1 1999 1 Chad Strausbaugh got primary custody for Cory J, Strausbaugh to come live with me at 195 Ashford Drive Enola Pa. 17025. He is now attending school at East Pennsboro Elementry School. Father ~~ Mother7' U' Date ;Z-j-P? Date 8.-.3-9? ,. A ;:::x Ilu" / T '/-l ~ ~ C'> 1:: 0d ~ \ .;:: C"". ~?:: ~ ,-- C> N ;~~ ;:t, ~~ v 0-.: .,....;.. q ffu :c: ();f to ~ ~iE a.. ;.+:::-3 C' :~~~; ;;; v, ~ {".: L'" 'tlo- I "r'" ~ 'L' n:: ("I:Z () ~I fr; ~~luJ 0_ !.;:!O- 01 ~ .a .;:! 9 0' ::.> ~ q: '" () CIIAD J. STRAlJSIlAUGlI. Plaintiff vs. ) ) ) ) ) ) ) IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LA W ANGELI QUE M. STRAUSBAUGH, Defendant NO. 99-1960 CIVIL TERM ORDER AND NOW, this /1" day of 1"-'- ,1999, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the tenns and provisions of this interim Order which was dictated in their presence and approved by them, it is hereby ordered and directed as follows: I. The parties shall share legal custody of their minor children, Jeremie Strausbaugh, d.o.b. August 20, 1992; Mason T. Strausbaugh, d.o.b. May 6, 1991; and Cody Strausbaugh. d.o.b. April 26, 1990. 2. During the summer months, the parties shall share custody of the minor children on a week-on, week-off basis. This schedule shall commence with Father having the children on Friday, June 4, 1999, and the schedule shall alternate thereafter through the summer. 3. The parties shall reconvene for another conciliation before Michael L. Bangs, Esquire, on June 24, 1999, at 5:00 p.m. 4. Pending the conciliation conference, the parties agree that they shall engage the services of Stanley Schneider, Ed.D., for the purposes of obtaining his input into an appropriate custodial arrangement for their minor child, Cory. The CHAD J. STRAUSBAUGH, Plaintiff IN TIlE COURT 01' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. ) ) ) ) ) ) ) NO. 99-1960 CIVIL TERM CIVIL ACTION - LAW ANGELIQUE M. STRAUSBAUGH. Defendant JUDGE PREVIOUSLY ASSIGNED: The Honorable Kevin A. Hess CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b).the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Cory Strausbaugh Mason T. Strausbaugh Jeremie Strausbaugh April 26. 1990 May 6, 1991 August 20, 1992 Plaintiff and Defendant Plaintiff and Defendant Plaintiff and Defendant 2. A Conciliation Conference was held on May 27, 1999, and the following individuals were present: the Plaintiff and his attorney, Lisa M. Coyne, Esquire; the Defendant appeared with her attorney, Andrew B. Brown, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiffs position on custody is as follows: He is the father of three boys. Their son, Cory. was having some behavioral issues in the early part of the year. As a result of the I ; i . behavioral issues, the panics agreed that Cory should come live with Father and he In Cact did move in with Father on February I, 1999. Father and Mother then had a custodial arrangement whereby the boys would all be ! r I i I , together each weekend but Cory would be residing with him during the week and go to school in Father's district, and the two other boys stayed with their mother and went to school in Mother's district. Father said that this remained the same until soon after hc filed Cor a request Cor reduction in support. After he filed Cor a request for a reduction in suppon, he alleges that Mother reCused to return the child. He believes that it was related to the reduction. He then got a Court Ordcr from Judge Hess directing that the child be returned to him pending the conciliation. 6. The Defendant's position on custody is as follows: She has been the primary custodial parent oC all three children. She agrees that Cory went to live with Father in February because of some behavioral issues. She denies that it was to be pennanent but rather she indicated that the agreement was that Cory would stay there through the school year or until it seemed appropriate for him to return home to her. She alleges that Cory indicated to her that he did not want to go back to live with Father and that he wanted to stay with Mother. As a result, she kept Cory and only returned Cory after the Judge signed an Order. 7. Need for separate counsel to represent child(ren): Neither pany requested. 8. Need for independent psychological evaluation or counseling: See attached Order. 9. Other matters or comments: This is a situation involving three children who are 7, 8 and 9 respectively. The oldest child, Cory, is the subject oCthe custody complaint. Apparently both panies agree that Cory had some behavioral issues which necessitated Cory going to live with Father. Father believes thai the switch has been very good for Cory nnd that it should remain. Mother believes that Cory should come back to live with her during the school year. The parents arc at odds over what should happen with Cory during the school year. The parents have always cooperated together in regards to the three children. This is evidenced by the fact that they have agreed on the summer schedule whereby the children arc on a week-on, week-off basis with them. This has occurred over the last several summers. The issue is what is going on with Cory and what is the appropriate arrangement for Cory during the school year. The Conciliator suggested that the parties engage Stanley Schneider, Ed. D., to assist them in "mediating" an appropriate resolution of the case. Clearly from the Conciliator's perspective, the parties both want what is best for Cory but seem to be at odds as to what is best for him and the motivating factor of each other for wanting to keep Cory. The Conciliator believes that with Dr. Schneider's involvement, he may assist them in fashioning an appropriate arrangement for Cory during the school year. The Conciliator indicated to the parties that they should work through the issue with Dr. Schneider. The alternative was to obtain a full and complete evaluation which, in view ofthe cooperation that has been displayed by the parents in the past, does not really seem to be necessary. However, it is important for the parents to understand that while one of them may not like the suggestions of Dr. Schneider, they should listen to his suggestions and at least try them. J '1 ' '.l. J '" ~ '" '" . ~ (II (l lj " ~ :S .. . ~ ~ j ~ :. . ~ = ~ , "':Il ~)o ~ t': ., l;Il ... Z "" Z ::: :..: 0::::: !oj :.. ~g~.J ... ~< e. :: o .- Iool 0'" :<: ~ ~ is !: ~JUN 1 7 1999\J) 5. The Plaintiff's position on custody is as follows: See attached Order, 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent children: Neither party requested. 8. Need for independent psychologieal evaluation or counseling: None requested and the Conciliator does not believe any is neeessary. 9, A hearing in this matter will take one-half (1/2) day. la, Other matters or comments: The Court should review the Custody Conciliation Conference Summary Report attached to the June 18, 1999 Order, The parties attempted to work with Dr. Schneider to fashion a resolution of the case. Unfortunately, that was unsuccessful. The parties are adamant about their respeetive position regarding Cory. The case is not that complieated and it should not take the Court long to resolve. If Mother has addressed the issues that caused the disruption last school year which resulted in Cory moving over with his Father, there is really no reason why the children should not be back altogether during the school year with Mother. If the Court, on the other hand, does not believe that Mother has addressed the issues that caused the disruption and AND NOW this I a. day of $.pr~ , 1999, upon consideration of the C1IAI> J. STRAUSBAUGH, Plaintiff : IN TilE COURT OF COMMON Pl,EAS OF : CUMBERLANI> COUNTY, PENNSYLVANIA \'5. : NO. 99-1960 CIVIL TERM ANGELI QUE M. STRAUSBAUGH, Defendant : CIVIL ACTION - LAW : CUSTODYNISITATION CUSTODY ORDER Plaintiffs Petition as well as the parties' Custody Agreement and Stipulation, dated August 27, 1999, it is hereby ordered and decreed as follows: I. The parties shall have joint custody of their three (3) sons, namely Cory J. Strausbaugh (DOB: April 26, 1990); Mason T. Strausbaugh (DaB: May 6, 1991); and Jeremie S. Strausbaugh (DaB: August 20, 1992). 2. Father shall have periods of custody as lollows: a. Alternating weekends beginning Fridays at 6:00 p.m. through Sundays at 7:00 p.m.; b. Every Wednesday during the school year from 6:00 p.m. to 9:00 p.m. During periods when school is not in session, then every Wednesday from 6:00 p.m. to 10:00 p.m. c. Two (2) weeks of Summer vacation with the children. Father shall notify Mother of designated vacation weeks no later than May I st every year. This custody arrangement is to maximize the amount of time the children arc actually with each parent during the Summer months. d. Every Father's Day. Mother shall have custody on Mother's Day. 2. The parties shall alternate the Christmas holiday as follows: a. Beginning December, 1999, Mother shall have ehildren from Noon on December 24, 1999, through Noon on December 25,1999, and Father shall have children from Noon on December 25, 1999, to Noon on December 26, 1999. It shall be Ihe responsibility of the parent who is obtaining custody at Noon on December 25th to pick up the ehildren. 3. The parties shall alternate Thanksgiving holidays as follows: a. Beginning with Thanksgiving, 1999, Father shall have the children from 6:00 p.m. Thanksgiving Eve through 2:00 p.m. on Thanksgiving Day; and Mother shall have children from 2:00 p.m. from Thanksgiving Day to November 26, 1999, at 6:00 p.m. The parent who is obtaining eustody on Thanksgiving Day at 2:00 p.m. shall have the responsibility to pick up the children. 4. It is in the best interest of the children in this case to have maximum contact with each parent with due consideration be given to both parent's work schedule and school and after-school activities of the children. 5. The parties shall upon issuance of this Order, immediately schedule and participate in family counseling with Dr. Pauline Wallen of201 South nnd Street, Camp Hill, PA (telephone 717-761- 1814) for the parties and the children to address, at a minimum, the issues raised with the transfer of custody that occurred in February, 1999, along with other emotional or behavioral issues of the parties and the children. Father shall pay one-half of unreimbursedluncovered fees regarding counseling of the three (3) children and Mother shall provide Father with proof of unreimbursedluneovered fees. 6. Mother shall provide Father with copies of all report cards, evaluations, school calendars, and program and activity schedules concerning the children. 2 4. The parties agree 10 have joinl custody of the children with father having periods of custody as follows: a. Alternating weekends beginning Fridays at 6:00 o'clock p.m. through Sundays at 7:00 o'clock p.m.; b. Every Wednesday during the school year from 6:00 o'clock p.m. to 9:00 o'clock p.m. During periods when school is not in session, then cvcry Wednesday from 6:00 o'clock p.m. to 10:00 o'clock p.m.; c. Alternating the Christmas holiday as follows: Beginning Decembcr, 1999, Mother shall have children from Noon on December 24, 1999, through Noon on Dccember 25, 1999, and Father shall have children from Noon on December 25, 1999, to Noon on December 26, 1999. It will be the responsibility of the parent who is obtaining custody at Noon on December 25th to pick up the children; 01Z~. rE:.:;Qd< g~:::::,t:: ::::::~ ::1:.::::":,: :D7:J:ne::::~:;\: =~:9 : lRf ~1:,i1fJ~'R 110giRRiRg SR FFi"a~(c at ':Og s'staBle JUN. thrSygR ~'elRB8YB at ::90 e'eleslt p.Al. +Wo we.el<;S Additionally, father shall have 8Ile .....I! of summer vacation with the children. Father shall notifY mother of designated vacation week no later than May I st each year. This custody arrangement is to maximize the amount of time that the children are actually with each parent during the summer months; e. Thanksgiving holidays shall be altemated beginning with Thanksgiving, 1999, with Father having the children from 6:00 o'clock p.m. Thanksgiving Eve through 2:00 o'clock p.m. on Thanksgiving Day and Mother having children from 2:00 o'clock p.m. Thanksgiving Day to November 2 .... a. (": '''' -' t-" /' ,'- ~~ ,.. : l. ..- f:.. " { ( '.-.J ~ I ~ .. (""; , .' .i .. .... ~. , (., '-> L' V'