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HomeMy WebLinkAbout99-05808 (2)'A Y:Y p ?49 Y? erz JENNIFER A. STROCK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. :NO. HEATH A. STROCK, Defendant. : CIVIL ACTION-CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Petition to Confirm Custody, it is hereby directed that the parties and their respective counsel appear before the Custody Conference Officer, at o S,\g?. (pM? Lk? on the \ day of 1t1 I q (?AOat a Pre- Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispt-te; 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 shall 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: Date: BY ,? Custody Conference Of i 0 c 1.,Z,.l YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 74.9Y 99 SEP 29 Pia 23 9999 loll - JENNIFER A. STROCK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. n _ NO. 99 SsOs l r'u•'? I erg. HEATH A. STROCK, Defendant. : CIVIL ACTION--CUSTODY PETITION TO CONFIRM CUSTODY Plaintiff, JENNIFER A. STROCK, by and through his attorney Gerald S. Robinson, Esquire, and the law firm of Robinson & Geraldo, respectfully requests the following: Plaintiff is JENNIFER A. STROCK, an adult individual currently residing at 692 Sand Spur Drive, Etters, Pennsylvania. 2. Defendant is HEATH A. STROCK, residing at 328 West Green Street, Mechanicsburg, Pennsylvania.. 3. Plaintiff seeks custody of ABBIGALE 0. STROCK, born on May 22, 1995, SUNNY K. STROCK, bom on March 27, 1997 and ZEBADIAH C. STROCK, born on May 10, 1998. 4. The children were born during the marriage of the parties. 5. The natural mother of the children is JENNIFER A. STROCK, currently residing at 692 Sand Spur Drive, Etters, Pennsylvania. 6. The natural father of the children is HEATH A. STROCK, who currently resides at 328 West Green Street, Mechanicsburg, Pennsylvania. 7. The children are presently in the custody of Plaintiff, JENNIFER A. STROCK, who resides at 692 Sand Spur Drive, Etters, Pennsylvania. 8. Since birth the children have resided with the following persons and at the following addresses: a. From May 1995 to May 23, 1999, with Plaintiff and Defendant at 542 West Winding Hill Road, Mechanicsburg, Pennsylvania. b. From May 23, 1999 to present, with Plaintiff and Defendant at 692 Sand Spur Drive, Etters, Pennsylvania until separation on August 16, 1999. 9. The purpose of this proceeding is to confirm custody of the minor children with the respective parties. 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 2 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody of visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by awarding custody to Plaintiff. WHEREFORE, for the foregoing reasons Plaintiff requests this Honorable Court to award custody of the child to Plaintiff. Respectfully submitted: ROBINSON & GERALDO By. ' Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint to Confirm Custody are true and correct. f understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Jennife A. Stroclc laintiff rl S ?. r LAJ cl? LL N `? ? m 1 HFIFI[ P. UME UI%12i2-BS25 i 1 ?`- Vt it COHMUI COPY Ro B,.,r 5310. 17110 ,120 (, y 9 lq[?i,,, JENNIFER A. STROCK, Plaintiff vs. HEATH A. STROCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5808 CIVIL CIVIL ACTION - LAW ORDER AND NOW, this 7 r +? day of o o-- ?r 1999, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of their minor children, Abbigale O., d.o.b. May 22,1995; Sunny K., d.o.b. March 27, 1997; and Zebadiah C., d.o.b. May 10, 1998. 2. Primary physical custody of the minor children shall be with Mother subject to periods of supervised visitation with Father that should occur, at a minimum, one time per week for 4 to 6 hours, the dates and times to be agreed upon by the parties. These periods of time shall be supervised by either the paternal grandfather the paternal grandmother Father's ste -father or Mother's %D r , , p sister, unless otherwise agreed upon by the parties `! c "lip . w r 3. Such other times as the parties may agree. BY THE COURT, 424. Gerald S. Robinson, Esquire? Mr. Heath A. Strock _ tiT .S •8. mlb JENNIFER A. STROCK, ) Plaintiff ) VS. ) HEATH A. STROCK, ) Defendant ) JUDGE PREVIOUSLY ASSIGNED: None CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL IN TIME COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5808 CIVIL CIVIL ACTION-LAW PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Abbigale O. Strock Sunny K. Strock Zebadiah C. Strock May 22, 1995 March 27, 1997 May 10, 1998 Plaintiff Plaintiff Plaintiff 2. A Conciliation Conference was held on November 11, 1999, and the following individuals were present: the Plaintiff and her attorney, Gerald S. Robinson, Esquire; the Defendant appeared pro se. 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: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: November 19, 1999 k4?j- Michael L. Bangs Custody Conciliator ??. `?? N o V ?3?s ?3r? ?7 ? ; r w ? C 5 a yd+ o R ?j < o .. n a U .. ? ? unv ? 219999 ; JENNIFER A. STROCK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATII A. STROCK DEFENDANT 99-5808 CIVIL. ACTION LAW • IN CUSTODY AND NOW, this 8th day of December , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday Esq. , the conciliator, at 39 West Main Street, Mechanicsburg PA 17055 on the 2nd day of January, 2001 at 9:30 a.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. /s/ Davin S uav, Esr 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 l ?,... .1. 2l' JENNIFER A. STROCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-5808 CIVIL HEATH A. STROCK, Defendant : CIVIL ACTION - LAW ORDER AND NOW, this day of 2000, you, Jennifer A. Strock, are ORDERED to appear in person in the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania on Custody Conciliation Conference before Custody Conciliator. If you fail to appear as provided by this Order, an Order for custody may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 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 Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BY THE COURT: Date at o'clock a.m./p.m. for a Custody Conference Officer Document #: 188620 / JENNIFER A. STROCK, Plaintiff V. HEATH A. STROCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5808 CIVIL CIVIL ACTION - LAW DEF'ENDANT'S PETITION TO MODIFY CUSTODY ORDER 1. On September 29, 1999, Plaintiff, Jennifer A. Strock, the natural mother of the minor children, Abbigale 0. Strock; Sunny K. Strock and Zebadiah C. Strock, filed a Petition to Confirm Custody. 2. Defendant, Heath A. Strock, is the natural father of the aforementioned children. 3. On November 11, 1999, Plaintiff appeared for a Conciliation Conference before Conference Officer Michael L. Bangs, Esq., where a subsequent order was issued regarding custody/visitation of minor children Abbigale, Sunny and Zebadiah. Attached hereto, marked as Exhibit A and incorporated herein by reference, is a copy of Judge Oler's Order dated November 23, 1999. 4. Pursuant to the terms of Order, the parties share legal custody of Abbigale, Sunny and Zebadiah. 5. Pursuant to the Order, father was allowed to have periods of supervised visitation with the children for not less than one time per week for four to six hours. Document q' 138620.1 6. Also pursuant to the Order, the visitation was to be supervised by either the paternal grandfather, the paternal grandmother, father's step-father or mother's sister, unless otherwise agreed upon by the parties. 7. At the time of the entry of the Order, Defendant had been dealing with a severe epileptic condition, which necessitated supervision of his visitation by the aforementioned parties for medical reasons. 8. Defendant understands that such supervised visitation was proper due to his medical condition; however, Defendant feels that his medical condition has improved to the point that such visitation could now include overnight visits and/or supervision by any competent adult, including his adult siblings with whom he resides. 9. Defendant respectfully requests that this Court modify the previous Custody Order in the following particulars: a. Defendant seeks to extend his visitation to include one overnight visit, every other weekend, with his three children. b. Defendant seeks to have this overnight visit be supervised either at the paternal grandmother's house or at the Defendant's house, where he resides with his two adult siblings. C. Defendant seeks to remove the restriction of supervision from paternal grandfather, paternal grandmother, father's stepfather or mother's sister to any competent adult over the age of 18. Donnuern q: 1886201 10. Defendant believes that the foregoing modifications are in the best interest of the children by allowing father to continue to develop strong relationships with his children. WHEREFORE, Plaintiff requests that the Court modify the Order dated November 23, 1999 to grant extended visitation rights to the Defendant. Respectfully Submitted, METZGER, WICKERSHAM, KNAUSS St ERB, P.C. By Heather L. Harbaugh, Esquire Attorney I.D. No. 83997 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: Doa,ntent N: 183620.1 JENNIFER A. STROCK, Plaintiff V. HEATH A. STROCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5808 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Heather L. Harbaugh, Esq., Esquire of the law firm Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of Defendant's Petition to Modify Custody Order with reference to the foregoing action by First Class Mail, postage prepaid, this „ day of NOS b'C? , 2000, on the following: Gerald S. Robinson, Esq. Robinson & Geraldo, PC 4407 N. Front Street PO Box 5320 Harrisburg, PA 17110-5320 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Heat er L. Harbaugh, Esq. Document H.' 18862P.1 VERIFICATION 1, Heath A. Strock, do hereby verify that the facts set forth in the foregoing Defendant's Petition to Modify Custody Order are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: it 11-9 -,?060 Heath A. Strq Document #: 1831'3. / ?? ?, 0 ?*; z *,:: p a3 ?!' `' -- n ?, `" ? -: ? Li. _?2 L' C' u U n ? ?y T ? / T n y I_, i ? ' a o i Ti .. ?i ?f .? ? - Y_ .?_ r ?.? `I ^ ?\' _ ?? r? JENNIFER A. STROCK Plaintiff V. HEATH A. STROCK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 99-5808 CIVIL ACTION LAW IN CUSTODY PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE withdraw my appearance as attorney of record for the Defendant, Heath A. Strock, in the above captioned docket. Respectfully submitted by: Dated: _ 1'\,?\ -041 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 PLEASE enter my appearance as attorney of record on behalf of the Defendant, Heath A. Strock, in the above captioned docket. Respectfully submitted by: Al3igia I Hudock Certified Legal Intern 01 IOM S M LACE LUCYJ STON-WALSH ANNE MACDONALD-FOX Dated: ?Wrl /?312'a( FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ?4 JLu :i L C,j T a N U JENNIFER A. STROCK IN TI IF. COURT OF COMMON PLEAS Oh PLAINTIFF C't1M131iRI.AND C'OtJN"1'Y, PI;NNSYLVANIA V. 99-5808 CIVILACTTONLAW HEATH A. STROCK DEFENDANT IN CLIS'fODY ORDER OF ('01JRT AND NOW, Thursdav June 17, 2004 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear betbre _ Dawn S. Sunday, Esq___, the conciliator, at 39 West Main Street, Mechanicsburg PA 17055 on _ Thursday, July 15, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an ell'ort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Da on1 S• 5JindAy Esq mhc Custody Conciliator The Court of Common Pleas of Cumberland Counly 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 Y011R A'I'1'0RNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOTAFFORD ONE, 60 TO OR T ELEPI-IONE T HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 CAF iii Fr ??.• 2004 Ju;' 17 t=;, ?: t? 5 GiJ,?. JENNIFER A. STROCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW No. 1999 -5808 CIVIL TERM HEATH A. STROCK Defendant/Petitioner : IN CUSTODY PETITION TO MODIFY CUSTODY The Petitioner, Defendant Heath A. Struck, by his counsel, The Family Law Clinic, respectfully represents the following in support of his petition for modification: 1. Defendant/Petitioner is Heath A. Strock ("Father"), who resides at 214 Hempt Road, Mechanicsburg, PA 17050, Cumberland County, Pennsylvania, 17050. 2. Plaintiff/Respondent is Jennifer A. Strock ("Mother"), who resides at, 507 Shelley's Lane, Goldsboro, York County, Pennsylvania, 17319. 3. On January 9, 2001, an Order of Court was entered for custody of the parties' three children, Abbigale 0. Strock, Sunny K. Strock, and Zebadiah C. Strock. A true and correct copy of that Order is attached as "Exhibit A." 4. Pursuant to the terms of the January 9, 2001 Order, Mother and Father share legal custody of the Children. 5. Pursuant to the terms of the Order, Mother has primary physical custody of the Children, and Father has supervised partial physical custody of the Children on alternating weekends from Saturday at 3:00 p.m. through Sunday at 3:00 p.m. 6. Pursuant to the terms of the Order, Father's periods of overnight custody are to be supervised by the children's paternal grandmother or paternal grandfather at either of their homes or at Father's residence. During the remainder of Father's periods of custody, supervision is to be provided by a responsible adult who is selected by Father and who is familiar with the children. Father has had substantial changes in his circumstances, which merit a modification to the existing Order of the Court. a. At the time of the entry of the Order, Father was suffering from a severe epileptic condition that necessitated supervision of his periods of custody by the aforementioned parties. b. Father agreed that such supervised custody was proper at the time the current Order was established. However, Father believes and therefore avers that his medical condition has improved substantially, to the point that his periods of supervised physical custody should be expanded. C. Father has consistently exercised his periods of custody and has developed loving relationships with the Children. WHEREFORE, Father asks that the Court modify the existing Order for Custody and grant the Petitioner an expansion of his partial physical custody periods with the Children. Date: LD.q"0Q' Amy L. ruzel Certified Legal Intern Lucy on-Walsh Anne MacDonald-Fox Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the attached Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 19 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Heath A. rock (7ovc ? Loo y Date EXHIBIT JENNIFER A. STROCK, . IN THE CCURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-5808 CIVIL TERM HEATH A. STROCK, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this () day of e^001, upon consideration of the attached Custody Conciliation Re ort, it, is ordered and directed as follows: 1. The prior Order of this Court dated November 23, 1999 shall continue in effect as modified by this Order. 2. Beginning March 3, 2001, the Father shall have supervised partial physical custody of the Children on alternating weekends from Saturday at 3:00 p.m. through Sunday at 3:00 p.m. During the overnight period from Saturday at 8:00 p.m. through Sunday at 9:00 a.m., the Father's periods of custody shall be supervised by the Father's mother or the Father's father at either of their homes or the Father's residence. During the remainder of the Father's periods of custody, supervision shall be provided by a responsible adult familiar to the Children who is selected by the Father. The Father shall advise the Mother as to whom the supervising adult will be at the beginning of each period of custody. Unless the supervising adult is one of the Fathers parents, the Father shall instruct the supervising individual to notify the Mother promptly by telephone in the event the Father has an epileptic seizure during his period of custody. 3. The parties shall share having custody of the Children on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment At which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The mother shall have custody of the Children during Segment A in every year and the Father shall have custody of the Children during Segment B in every year. B. The parties shall share having custody of the Children over the remaining holidays with the specific arrangements to be established by agreement of the parties. C. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. The Father shall ensure that all guns in his residence are locked in a cabinet, closet or other storage space to prevent access by the Children. The Father shall ensure that all ammunition is locked in a separate location from the guns also to prevent access by the Children. 5. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE (CURT, /S Wesley Ole , Jr., J. cc: Gerald S. Robinson, Esquire - Counsel for Mother Heather L. Harbaugh, Esquire - Counsel for Mother . taZathr,?Mn:+! 1- <" 1 J '_ £ JlI_ i LL c-Ti U N U JENNIFER A. STROCK, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW No. 1999-5808 CIVIL TERM HEATH A. STROCK, Defendant/Petitioner : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Heath A. Strock, Petitioner, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date: 10 -q - 04 Amy L. I uzel Certified Legal Intem LUC STON-W SH ANNE ACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 v cwt ? LO - u` o l y: C) CZ C,?G d F_ ? J o N U ?( I JENNIFER A. STROCK : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION - LAW :No. 99-5808 CIVIL TERM HEATH A. STROCK Defendant/Petitioner : IN CUSTODY CERTIFICATE. OF SERVICE I, Amy L. Kruzel, hereby certify that I am serving a true and correct copy of Petition for Modification of Custody Order on Gerald S. Robinson, the Respondent's attorney of record in this custody action. I am doing so by depositing a copy of same in the United States mail, First Class, postage prepaid, this 23`d day of June, 2004. 1 am mailing the copy to the following address: Mr. Gerald S. Robinson, Esquire 4407 North Front Street Harrisburg, PA 17110 Date: to-3-U?l Amy L. truzel O'DM Certified Legal Intern FAMILY LAW CLINIC 45 South Pitt Street Carlisle, PA 17013 (717) 249-2968 ??,, ?-? ?•? ;?:? ter: CJ tJ ?= ?.???'= ?_. t._ l? N l ) JENNIFER A. STROCK Plaintiff VS. HEATH A. STROCK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5808 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 7:?6 1? day of I v l I 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated January 9, 2001 and November 23, 1999 are vacated and replaced with this Order. 2. The parties shall make arrangements for the Children to participate in therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to address issues which have arisen with regard to the Children in connection with the custodial arrangements and obtain guidance concerning the Children's needs and adjustment. 3. The Mother, Jennifer A. Stock, and the Father, Heath A. Strock, shall have shared legal custody of Abbigale O. Stock, born May 22, 1995, Sunny K. Strock, born March 27, 1997, and Zebadiah C. Strock, born May 10, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 4. The Mother shall have primary physical custody of the Children. 5. The Father shall have supervised partial physical custody of the Children on alternating weekends until July 31, 2004 from Saturday at 12:00 noon through Sunday at 1:30 p.m. and, beginning July 31, 2004, from Saturday at 10:00 a.m. until Sunday at 7:00 p.m. During the overnight period, the Father's periods of custody shall be supervised by the Father's mother or the Father's father at either of their homes or the Father's residence. During the remainder of the Father's periods of custody, supervision shall be provided by a responsible adult familiar to the Children who is selected by the Father. The Father shall advise the Mother as to whom the supervising adult will be at the beginning of each period of custody. Unless the supervising adult is one of the Father's parents, the Father shall instruct the supervising individual to notify the Mother promptly by telephone in the event the Father has an epileptic seizure during his period of custody. L ' -7 c uj Up QO rn G r? ? cv ' i(G U- n J O N U G. Upon obtaining the Father's medical report the parties and counsel agree to further consider and discuss the scheduling of an expanded weekend period of custody for the Father before the beginning of the school year. 7. The parties agree that the Mother may have custody of the Children at 3:00 p.m. on August 15, 2004 to take the Children to a theater production. 8. The parties shall share having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 3:00 p.m. through Christmas Day at 3:00 p.m., and Segment B, which shall run from Christmas Day at 3:00 p.m. through December 26 at 3:00 p.m. The Mother shall have custody of the Children during Segment A every year and the Father shall have custody of the Children during Segment B every year. B. Alternating Holidays: The parties shall alternate having custody of the Children on New Years Day, Easter, Memorial Day, July 4`h , Labor Day and Thanksgiving from 10:00 a.m. until 7:00 p.m. on each holiday. In even numbered years, the Mother shall have custody of the Children on New Years Day, Memorial Day and Labor Day and the Father shall have custody on Easter, July 4'h, and Thanksgiving. In odd numbered years, the Father shall have custody of the Children on New Years Day, Memorial Day and Labor Day, and the Mother shall have custody on Easter, July 4'h and Thanksgiving. C. Mother's Dav/Father'sDay: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day from 10:00 a.m. until 7:00 p.m. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 9. The parties shall exchange custody of the Children at a neutral location mutually agreed upon by the parties. 10. The non-custodial parent shall be entitled to have reasonable telephone contact with the Children. 11. The parties shall keep one another advised of their current addresses and telephone numbers. 12. The parties shall notify each other of all medical care the Children receive while in each parent's care. The parties shall notify each other immediately of medical emergencies which arise while the Children are in that parent's care. 13. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 14. The Father shall ensure that all guns in his residence are locked in a cabinet, closet or other storage space to prevent access by the Children. The Father shall ensure that all ammunition is locked in a separate location from the guns also to prevent access by the Children. 15. Until such time as the Father obtains a valid driver's license, the Father shall not drive with the Children on any type of motorized vehicle on public or private property. 16. After completion of the therapeutic family counseling required by this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. In the event either party believes that the other party is intentionally delaying or otherwise acting in bad faith in failing to complete the counseling, counsel for that party may contact the conciliator to schedule a telephone conference. 17. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 1 ?? G J. Wesley er, Jr. J. cc: Amy L. Kruzel and Lucy Johnston-Walsh, Esquire - Counsel for Father Gerald S. Robinson, Esquire - Counsel for Mother 0 'JUL 2 2 7r^?f JENNIFER A. STROCK Plaintiff vs. HEATH A. STROCK Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5808 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Abbigale O. Strock May 22, 1995 Mother Sunny K. Strock March 27, 1997 Mother Zebadiah C. Stock May 10, 1998 Mother 2. A conciliation conference was held on July 15, 2004, with the following individuals in attendance: The Mother, Jennifer A. Strock, with her counsel, Gerald S. Robinson, Esquire, and the Father, Heath A. Strock, with his counsel, Amy Kruzel and Lucy Johnston-Walsh, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator 01 ?G U? (40 s, JENNIFER A. STROCK IN'n w'.. COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND C'OUNTN', PENNSYLVANIA V. HEATH A.STROCK DFITNDAN'I' 99-5808 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, May 01, 2006 ___, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechaniesbure, PA 17055 _ on __ Wednesday, May 24, 2006 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resole 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: Is/ Dawn S. Sunday,-E-S?--?/ Custody Conciliator <A The Court of Common Pleas ol'Cuniberland 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 matte 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 IIELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 V 0' " kECf IVED APR 2 4 2006 S E3Y:_._.....-._._. -- JENNIFER A. STROCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW No. 1999 -5808 CIVIL TERM HEATH A. STROCK Defendant/Petitioner : IN CUSTODY ORDER OF COURT AND NOW, this day of 2006, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at , on the day of 2006, 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 of 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 the scheduled hearing. FOR THE COURT: By: Custody Conciliator NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, you may lose rights of custody and visitation of your child. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PA 17013 (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. JENNIFER A. STROCK, Plaintiff/Respondent V. HEATH A. STROCK Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 1999 -5808 CIVIL TERM IN CUSTODY PETITION TO MODIFY CUSTODY The Petitioner, Defendant Heath A. Strock, by his counsel, The Family Law Clinic, respectfully represents the following in support of his petition for modification: 1. Defendant/Petitioner is Heath A. Strock ("Father"), who resides at 236 Erford Road, Camp Hill, PA 17011, Cumberland County, Pennsylvania, 17050. 2. Plaintiff/Respondent is Jennifer A. Strock ("Mother"), who resides at 614 Shelley View Drive, Goldsboro, York County, Pennsylvania, 17319. 3. On July 28, 2004, an Order of Court was entered for custody of the parties' three chi!dren, Abbigale 0. Strock, Sunny K. Strock, and Zebadiah C. Strock. A true and correct copy of that Order is attached as "Exhibit A." 4. Pursuant to the terms of the July 28, 2004 Order, Mother and Father share legal custody of the children. 5. Pursuant to the terms of the Order, Mother has primary physical custody of the children, and Father has supervised partial physical custody of the children on alternating weekends from Saturday at 10:00 a.m. through Sunday at 7:00 p.m. 6. Father requests a modification to the existing Order because: a. Father has consistently exercised his periods of custody and has developed loving relationships with the children. b. The current Custody Order grants Father custody of the children beginning at 10:00 a.m. on Saturdays. However, due to the children's activity schedules, Father is often unable to exercise his full custodial periods. C. Father agrees that continued supervision of his custodial periods is proper because of his medical condition. However, Father's medical condition has improved and his periods of supervised physical custody should be expanded. d. Father requests that the schedule be modified so that one weekend a month, he would have the children from Friday after school until Sunday evening. Father is interested in becoming more involved with the children's activities and to spend longer periods of time with the children. e. In the past, Mother has not allowed the children to take a vacation with Father and Father's extended family. Father would like to resolve this issue to plan for a vacation the summer of 2006. Father would like one full week with the children during the summer. 7. In accordance with Rule 208.2(d) of Cumberland County Rules of Civil Procedure, concurrence of opposing counsel, Jamie D. Wassmer, Esquire, was sought and was not obtained. WHEREFORE, Father asks that the Court modify the existing Order for Custody and gran, she Petitioner an expansion of his partial physical custody periods with the Children. Date: I ammill Certified Legal Intern Lucy/?? t 'ton-Walsh Anne acDonald-Fox Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the attached 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. Date: Ci/ 2 Zoo( JENNIFER A. STROCK Plaintiff vs. HEATH A. STROCK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5808 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this --,-2 ?day of 2004, upon consideration of the attached Custody Conciliation R ort, it ' ordered and directed as follows: 1. The prior Orders of this Court dated January 9, 2001 and November 23, 1999 are vacated and replaced with this Order. 2. The parties shall make arrangements for the Children to participate in therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to address issues which have arisen with regard to the Children in connection with the custodial arrangements and obtain guidance concerning the Children's needs and adjustment. 3. The Mother, Jennifer A. Stock, and the Father, Heath A. Strock, shall have shared legal custody of Abbigale 0. Stock, born May 22, 1995, Sunny K. Strock, bom March 27, 1997, and Zebadiah C. Strock, born May 10, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 4. The Mother shall have primary physical custody of the Children. 5. The Father shall have supervised partial physical custody of the Children on alternating weekends until July 31, 2004 from Saturday at 12:00 noon through Sunday at 1:30 p.m. and, beginning July 31, 2004, from Saturday at 10:00 a.m. until Sunday at 7:00 p.m. During the overnight period, the Father's periods of custody shall be supervised by the Father's mother or the Father's father at either of their homes or the Father's residence. During the remainder of the Father's periods of custody, supervision shall be provided by a responsible adult familiar to the Children who is selected by the Father. The Father shall advise the Mother as to whom the supervising adult will be at the beginning of each period of custody. Unless the supervising adult is one of the Father's parents, the Father shall instruct the supervising individual to notify the Mother promptly by telephone in the event the Father has an epileptic seizure during his period of custody. 6. Upon obtaining the Father's medical report the parties and counsel agree to further consider and discuss the scheduling of an expanded weekend period of custody for the Father before the beginning of the school year. 7. The parties agree that the Mother may have custody of the Children at 3:00 p.m. on August 15, 2004 to take the Children to a theater production. 8. The parties shall share having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 3:00 p.m. through Christmas Day at 3:00 p.m., and Segment B, which shall run from Christmas Day at 3:00 p.m. through December 26 at 3:00 p.m. The Mother shall have custody of the Children during Segment A every year and the Father shall have custody of the Children during Segment B every year. B. Alternating Holidays: The parties shall alternate having custody of the Children on New Years Day, Easter, Memorial Day, July 0, Labor Day and Thanksgiving from 10:00 a.m. until 7:00 p.m. on each holiday. In even numbered years, the Mother shall have custody of the Children on New Years Day, Memorial Day and Labor Day and the Father shall have custody on Easter, July 4'h, and Thanksgiving. In odd numbered years, the Father shall have custody of the Children on New Years Day, Memorial Day and Labor Day, and the Mother shall have custody on Easter, July 4'h and Thanksgiving. C. Mother's Dav/Father'sDav: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day from 10:00 a.m. until 7:00 p.m. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 9. The parties shall exchange custody of the Children at a neutral location mutually agreed upon by the parties. 10. The non-custodial parent shall be entitled to have reasonable telephone contact with the Children. 11. The parties shall keep one another advised of their current addresses and telephone numbers. 12. The parties shall notify each other of all medical care the Children receive while in each parent's care. The parties shall notify each other immediately of medical emergencies which arise while the Children are in that parent's care. 13. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall parties having contact with the Children comply with this provision. ensure that third 14. The Father shall ensure that all guns in his residence are locked in a cabinet, closet or other storage space to prevent access by the Children. The Father shall ensure that all ammunition is locked in a separate location from the guns also to prevent access by the Children. 15. Until such time as the Father obtains a valid driver's license, the Father shall not drive with the Children on any type of motorized vehicle on public or private property. 16. After completion of the therapeutic family counseling required by this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. In the event either party believes that the other party is intentionally delaying or otherwise acting in bad faith in failing to complete the counseling, counsel for that party may contact the conciliator to schedule a telephone conference. 17. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, S Wesley Oler, Jr. / J. cc: Amy L. Kruzel and Lucy Johnston-Walsh, Esquire - Counsel for Father Gerald S. Robinson, Esquire - Counsel for Mother 1 ??1L J L l? U ?. 'I j IL) cJ U -t GERALD S. ROBINSON, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 27432 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax grobinson@robinson-geraldo.com JENNIFER A. STROCK, Plaintiff/Respondent, v. HEATH A. STROCK, Defendant/Petitioner. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 5808 NO. 1999-58:@5: CIVIL ACTION- CUSTODY ANSWER TO DEFENDANT'S PETITION TO MODIFY CUSTODY Respondent, Jennifer A. Strock, by and through her attorney Gerald S. Robinson, Esquire and the firm of Robinson & Geraldo, represents as follows: Paragraph 1 is admitted. 2. Paragraph 2 is denied. Respondent's address is 506 Shelly's Lane, Etters, York County, Pennsylvania and has resided at said address since August 2003. 3. Paragraph 3 is admitted. 4. Paragraph 4 is admitted. 5. Paragraph 5 is admitted. 6. Paragraph 6 is admitted and denied as follows: a. Paragraph 6(a) is admitted in part and denied in part. Petitioner has exercised consistent periods of custody, except for the weekend of March 11, 2006, where he underwent testing out of state and failed to communicated his inability to exercise custody of the children during that time. Respondent denies that Petitioner has developed loving relationships with the children based on the children's statements regarding their relationship with the Petitioner due to Petitioner's lack of participation and interest in the children's activities and Petitioner's lack of involvement with the children during his periods of custody. b. Paragraph 6(b) is admitted in part and denied in part. Petitioner is granted visitation which commences at 10:00 a.m. Saturday mornings, Respondent denies that Petitioner is unable to exercise his full custodial periods due to the children's activity schedules. Respondent has always communicated to Petitioner that he may attend these activities should they fall during his custodial visitation; however Petitioner chose to pick the children up at the conclusion of the activity, which at times occurred after 10:00 a.m. Petitioner stated that he would only attend the children's activities if the Respondent or her family were not in attendance. c. Paragraph 6(c) is admitted in part and denied in part. Respondent agrees that Petitioner's medical condition warrants continued supervised visitation periods; however, Respondent denies that his condition has improved to allow an expansion of his custodial periods. Proof thereof is demanded at trial. d. Paragraph 6(d) is denied. Respondent does not consent to modify the current agreement allowing Petitioner's visitation period to commence from the time the children get out of school. e. Paragraph 6(e) is denied. Respondent does not consent to allowing the children to spend a full week to go on vacation with Petitioner and his family based on the children's expressed desire not to spend an entire week with the Petitioner. Paragraph 7 is admitted. WHEREFORE, Respondent prays this Court deny Petitioner's request to modify the existing Custody Order thereby also denying Petitioner's request to expand his periods of partial custody. NEW MATTER 8. Paragraphs 1-7 are incorporated herein as though fully set forth. 9. Respondent believes that due to the severity of Petitioner's medical condition that is it in the best interest of the children to expand and modify the current July 28, 2004 Custody Order by granting Respondent primary legal custody of the three minor children for the following reasons: a. During the month of April, Petitioner missed a counseling session because he forgot about the appointment; b. Petitioner failed to attend daughter Sunny's Individual Education Plan meeting, which is held yearly, and neglected to contact the teacher to reschedule; c. Petitioner failed to attend an important neurology appointment for daughter Sunny where the doctor explained the child's condition. There were important decisions that had to be made at this appointment regarding the child's treatment that Petitioner failed to participate in resolving. d. Respondent and Petitioner had been arlming regarding daughter Sunny's treatment and Petitioner's attendance at the neurology appointment was crucial because it would aid the parties in deciding if it was necessary to engage in follow-up treatment for the child. e. Petitioner has neglected to acknowledge the fact that he missed daughter Sunny's neurology appointment. f. The severity of Petitioner's frontal lobe damage leaves him susceptible to fits of Anger, to which the children are exposed. g. Petitioner has exhibited anger towards Respondent and made disparaging comments to the children about Respondent for his limited visitation with the children. It. Petitioner allows the children to watch inappropriate movies rated Rand NC-17. 10. Respondent believes Petitioner's medical condition prevents him from exercising sound judgment with regards to the children and prevents him from exercising restraint from engaging in angry outbursts on the children. WHEREFORE, Respondent prays your Honorable Court to modify the existing Custody Order and grant her primary legal custody of the three minor children. Respectfully submitted, ROBINSON & CERALDO Date: tku\111 By: [ Gerald S. Robinson, Esquire Attorney for Plaintiff/Respondent VERIFICATION I verify that the statements made in this Answer are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Jenny S rock CERTIFICATE OF SERVICE h 1, Jaime Wassmer, do hereby certify that on the 10? day of_&?, 2006 I caused a true and correct copy of the Answer and New Matter to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Family Law Clinic AITN: Jill Hammill ATrN: Lucy Johnston-Walsh ATTN: Anne MacDonald-Fox 45 North Pitt Street Carlisle,PA 17013 Respectfully submitted, ROBINSON & GERALDO ? e Wassmer, Esquire vw. i?y a N ~ C7 i I- cL ? j- I L J ?- m N U V, JENNIFER A. STROCK Plaintiff VS. HEATH A. STROCK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5808 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 1 7 \ _ day of 3U., e, , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of this Court dated July 28, 2004 shall continue in effect as modified by this Order. 2. The parties shall engage in a course of therapeutic family counseling with a professional to be selected by agreement. The purpose of the counseling shall be to establish sufficient communication and cooperation to enable the parties to effectively co-parent their Children. The parties shall contact selected counselor's office within 10 days of the date of this Order to schedule the first session. All costs of counseling which are not reimbursed by insurance coverage shall be shared equally between the parties. 3. Beginning June16, 2006, the Father shall have partial physical custody of the Children on the third weekend of every month. During the summer school break, the Father's periods of custody shall run from Friday at 4:00 p.m. through Sunday at 7:00 p.m.. During the school year, the Father's periods of custody shall run from Friday at 6:00 p.m. until Sunday at 6:00 p.m., with the understanding that the parties shall further address the issues of school pick-up and return time through the counseling process. 4. The Father shall be entitled to have custody of the Children for vacation during the summer school break for 7 days, with no more than 4 to be scheduled consecutively. The Father shall not schedule periods of custody under this provision during the second half of August 2006. The Father's periods of vacation custody shall be supervised by adult family members or Linda and Joseph Hess only. Each party shall provide the other with at least 30 days advance notice of vacation dates, and the party providing notice first shall be entitled to preference on his or her selection of dates. MAY 8 1 2006 y 5. The Father shall ensure that the Children attend their regularly scheduled activities during his periods of custody. In the event of the Father's unavailability or inability, the Father shall contact the Mother to enable the Mother to take the Children to their activity. A 4 O J u r ' N LJ r• O N U 6. Within 6 months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional conciliation conference to address the exchange times for the Father's school year periods of partial custody. 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. J. 06 cc: ? ucy Johnston-Walsh, Esquire - Counsel for Father /erald S. Robinson, Esquire - Counsel for Mother J BY THE COURT, JENNIFER A. STROCK Plaintiff vs. HEATH A. STROCK Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5808 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Abbigale Strock May 22, 1995 Mother Sunny Strock March 27, 1997 Mother Zebadiah Strock May 10, 1998 Mother 2. A custody conciliation conference was held on May 24, 2006 with the following individuals in attendance: The Mother, Jennifer Strock, with her counsel, Gerald S. Robinson, Esquire, and the Father, Heath Strock, with his counsel, Jill Hammill and Lucy Johnston-Walsh, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ?ha'L'l . U, ?nnlo lQL. ? n 0 Date Dawn S. Sunday, Esquire Custody Conciliator JENNIFER A. STROCK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 99. 5so F e,',.•'I I erM HEATH A. STROCK, Defendant. : CIVIL ACTION--CUSTODY PETITION TO CONFIRM CUSTODY Plaintiff, JENNIFER A. STROCK, by and through his attorney Gerald S. Robinson, Esquire, and the law firm of Robinson & Geraldo, respectfully requests the following: 1. Plaintiff is JENNIFER A. STROCK, an adult individual currently residing at 692 Sand Spur Drive, Etters, Pennsylvania. 2. Defendant is HEATH A. STROCK, residing at 328 West Green Street, Mechanicsburg, Pennsylvania.. 3. Plaintiff seeks custody of ABBIGALE O. STROCK, born on May 22, 1995, SUNNY K. STROCK, born on March 27, 1997 and ZEBADIAH C. STROCK, born on May 10, 1998. 4. The children were born during the marriage of the parties. 5. The natural mother of the children is JENNIFER A. STROCK, currently residing at 692 Sand Spur Drive, Etters, Pennsylvania. 6. The natural father of the children is HEATH A. STROCK, who currently resides at 328 West Green Street, Mechanicsburg, Pennsylvania. 7. The children are presently in the custody of Plaintiff, JENNIFER A. STROCK, who resides at 692 Sand Spur Drive, Etters, Pennsylvania. 8. Since birth the children have resided with the following persons and at the following addresses: a. From May 1995 to May 23, 1999, with Plaintiff and Defendant at 542 West Winding Hill Road, Mechanicsburg, Pennsylvania. b. From May 23, 1999 to present, with Plaintiff and Defendant at 692 Sand Spur Drive, Etters, Pennsylvania until separation on August 16, 1999. 9. The purpose of this proceeding is to confirm custody of the minor children with the respective parties. 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody of visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by awarding custody to Plaintiff. WHEREFORE, for the foregoing reasons Plaintiff requests this Honorable Court to award custody of the child to Plaintiff. Respectfully submitted: ROBINSON & GERALDO By: Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint to Confirm Custody 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 unworn falsification to authorities. Jennife A. Strock laintiff JENNIFER A. STROCK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. y? .S0 v? HEATH A. STROCK, Defendant. : CIVIL ACTION-CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Petition to Confirm Custody, it is hereby directed that the parties and their respective counsel appear before the Custody Conference Officer, at 30?k& 04! 1(15OI t on the --I \_ day of 12?j LOA9 at 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 shall 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: Date: By Custody Conference Of r L,M) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 z ?n^ /Ova VINV??,18NN?d .IWf Ci Qa'Tdno £Z'E Rd 6Z d3S 66 J M- 446 d o6-eo?qd 6d-6e°'d .?bylofd ;ivc ,_ do JENNIFER A. STROCK, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 99-5808 CIVIL HEATH A. STROCK, ) Defendant ) CIVIL ACTION - LAW JUDGE PREVIOUSLY ASSIGNED: None 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: 1. The pertinent information concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Abbigale O. Strock Sunny K. Strock Zebadiah C. Strock May 22, 1995 March 27, 1997 May 10, 1998 Plaintiff Plaintiff Plaintiff 2. A Conciliation Conference was held on November 11, 1999, and the following individuals were present: the Plaintiff and her attorney, Gerald S. Robinson, Esquire; the Defendant appeared pro se. 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: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: November 19, 1999 Michael L. Bangs Custody Conciliator JENNIFER A. STROCK, Plaintiff vs. HEATH A. STROCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5808 CIVIL CIVIL ACTION - LAW ORDER AND NOW, this 23-,?_ day of &)o ? 0„ 1 err , 1999, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them, it is hereby ordered and directed as follows: L The parties shall share legal custody of their minor children, Abbigale O., d.o.b. May 22, 1995; Sunny K., d.o.b. March 27, 1997; and Zebadiah C., d.o.b. May 10, 1998. 2. Primary physical custody of the minor children shall be with Mother subject to periods of supervised visitation with Father that should occur, at a minimum, one time per week for 4 to 6 hours, the dates and times to be agreed upon by the parties. These periods of time shall be supervised by either the paternal grandfather, the paternal grandmother, Father's step-father or Mother's `A O sister, unless otherwise agreed upon by the parties. MM }' C rii ?C? N fi y n ? ? V < ao 3. Such other times as the parties may agree. BY THE COURT, 3. Gerald S. Robinson, Esquire ?t'a,?/9 qJ Mr. Heath A. Strock -0 " -"'9' $ mlb JENNIFER A. STROCK, Plaintiff V. HEATH A. STROCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5808 CIVIL CIVIL ACTION - LAW DEFENDANT'S PETITION TO MODIFY CUSTODY ORDER 1. On September 29, 1999, Plaintiff, Jennifer A. Strock, the natural mother of the minor children, Abbigale O. Strock; Sunny K. Strock and Zebadiah C. Strock, filed a Petition to Confirm Custody. 2. Defendant, Heath A. Strock, is the natural father of the aforementioned children. 3. On November 11, 1999, Plaintiff appeared for a Conciliation Conference before Conference Officer Michael L. Bangs, Esq., where a subsequent order was issued regarding custody/visitation of minor children Abbigale, Sunny and Zebadiah. Attached hereto, marked as Exhibit A and incorporated herein by reference, is a copy of Judge Oler's Order dated November 23, 1999. 4. Pursuant to the terms of Order, the parties share legal custody of Abbigale, Sunny and Zebadiah. 5. Pursuant to the Order, father was allowed to have periods of supervised visitation with the children for not less than one time per week for four to six hours. Document #: 188620.1 6. Also pursuant to the Order, the visitation was to be supervised by either the paternal grandfather, the paternal grandmother, father's step-father or mother's sister, unless otherwise agreed upon by the parties. 7. At the time of the entry of the Order, Defendant had been dealing with a severe epileptic condition, which necessitated supervision of his visitation by the aforementioned parties for medical reasons. 8. Defendant understands that such supervised visitation was proper due to his medical condition; however, Defendant feels that his medical condition has improved to the point that such visitation could now include overnight visits and/or supervision by any competent adult, including his adult siblings with whom he resides. 9. Defendant respectfully requests that this Court modify the previous Custody Order in the following particulars: a. Defendant seeks to extend his visitation to include one overnight visit, every other weekend, with his three children. b. Defendant seeks to have this overnight visit be supervised either at the paternal grandmother's house or at the Defendant's house, where he resides with his two adult siblings. C. Defendant seeks to remove the restriction of supervision from paternal grandfather, paternal grandmother, father's stepfather or mother's sister to any competent adult over the age of 18. Document #: 788610.[ 10. Defendant believes that the foregoing modifications are in the best interest of the children by allowing father to continue to develop strong relationships with his children. WHEREFORE, Plaintiff requests that the Court modify the Order dated November 23, 1999 to grant extended visitation rights to the Defendant. Respectfully Submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 7 By Healfier L. Harbaugh, Esquire U '- Attorney I.D. No. 83997 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: 1 Document 4:188620.1 JENNIFER A. STROCK, Plaintiff V. HEATH A. STROCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5808 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Heather L. Harbaugh, Esq., Esquire of the law firm Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of Defendant's Petition to Modify Custody Order with reference to the foregoing action by First Class Mail, postage prepaid, this 1A tc day of NOVA 6t-V- , 2000, on the following: Gerald S. Robinson, Esq. Robinson & Geraldo, PC 4407 N. Front Street PO Box 5320 Harrisburg, PA 17110-5320 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Heat er L. Harbaugh, Esq Document #: 188620.1 VERIFICATION I, Heath A. Strock, do hereby verify that the facts set forth in the foregoing Defendant's Petition to Modify Custody Order are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: 9-ZO60 Document #.: 183473.1 JENNIFER A. STROCK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATH A.STROCK 99-5808 CIVIL ACTION LAW DEFENDANT . IN CUSTODY ORDER OF COURT AND NOW, this 8th day of December , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street Mechanicsburg, PA 17055 on the 2nd day of January, 2001 , at 9:30 a.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: /s/ Dawn u 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 VW/I' ASNN?d Lmco Sz 0 ? ! J Oo '' :. ?i JENNIFER A. STROCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW No. 1999 -5808 CIVIL TERM HEATH A.STROCK Defendant/Petitioner : IN CUSTODY PETITION TO MODIFY CUSTODY The Petitioner, Defendant Heath A. Strock, by his counsel, The Family Law Clinic, respectfully represents the following in support of his petition for modification: 1. Defendant/Petitioner is Heath A. Strock ("Father"), who resides at 214 Hempt Road, Mechanicsburg, PA 17050, Cumberland County, Pennsylvania, 17050. 2. Plaintiff/Respondent is Jennifer A. Strock ("Mother"), who resides at, 507 Shelley's Lane, Goldsboro, York County, Pennsylvania, 17319. 3. On January 9, 2001, an Order of Court was entered for custody of the parties' three children, Abbigale O. Strock, Sunny K. Strock, and Zebadiah C. Strock. A true and correct copy of that Order is attached as "Exhibit A." 4. Pursuant to the terms of the January 9, 2001 Order, Mother and Father share legal custody of the Children. 5. Pursuant to the terms of the Order, Mother has primary physical custody of the Children, and Father has supervised partial physical custody of the Children on alternating weekends from Saturday at 3:00 p.m. through Sunday at 3:00 p.m. 6. Pursuant to the terms of the Order, Father's periods of overnight custody are to be supervised by the children's paternal grandmother or paternal grandfather at either of their homes or at Father's residence. During the remainder of Father's periods of custody, supervision is to be provided by a responsible adult who is selected by Father and who is familiar with the children. Father has had substantial changes in his circumstances, which merit a modification to the existing Order of the Court. a. At the time of the entry of the Order, Father was suffering from a severe epileptic condition that necessitated supervision of his periods of custody by the aforementioned parties. b. Father agreed that such supervised custody was proper at the time the current Order was established. However, Father believes and therefore avers that his medical condition has improved substantially, to the point that his periods of supervised physical custody should be expanded. C. Father has consistently exercised his periods of custody and has developed loving relationships with the Children. WHEREFORE, Father asks that the Court modify the existing Order for Custody and grant the Petitioner an expansion of his partial physical custody periods with the Children. Date: LP .q - 04 Q Amy L. ruzel * Certified Legal Intern d- Lucy on-Walsh Anne MacDonald-Fox Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the attached 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. Heath A. ock Date (rbNG 7 JENNIFER A. STROCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 99-5808 CIVIL TERM HEATH A. STROCK, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT { s day ANDon off the lattached custody oconciliati n/? e ort, it is ordered and directed as follows: 1. The prior Order of this Court dated November 23, 1999 shall continue in effect as modified by this order. 2. Beginning March 3, 2001, the Father shall have supervised partial physical custody of the Children on alternating weekends from Saturday at 3:00 p.m. through Sunday at 3:00 p.m. During the overnight period from Saturday at 8:00 p.m. through Sunday at 9:00 a.m., the Father's periods of custody shall be supervised by the Father's mother or the Father's father at either of their homes or the Father's residence. During the remainder of the Father's periods of custody, supervision shall be provided by a responsible adult familiar to the Children who is selected by the Father. The Father shall advise the Mother as to whom the supervising adult will be at the, beginning of each period of custody. Unless the supervising adult is one of the Father's parents, the Father shall instruct the supervising individual to notify the Mother promptly by telephone in the event the Father has an epileptic seizure during his period of custody. 3. The parties shall share having custody of the Children on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas, Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon- The Mother shall have custody of the Children during Segment A in every year and the Father shall have custody of the Children during Segment B in every year. B. The parties shall share having custody of the Children over the remaining holidays with the specific arrangements to be. established by agreement of the parties. C. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. The Father shall ensure that all guns in his residence are locked in a cabinet, closet or other storage space to prevent access by the Children. The Father shall ensure that all ammunition is separate location from the guns also to prevent access b locked in a 5. This Order is entered PursuanY the Children. Custody Conciliation Conference. The t to an agreement of the parties at a this Order by mutual consent. In the parties may modify the of this Order shall control. absence of mutual consent, the toof the terms BY THE OCURT, AWesley 401e, Jr., J. cc: Gerald S. Robinson, Esquire - Counsel Heather L. for Mother Harbaugh, Esquire - Counsel for Mother n .V i. 1 c? r r f t. =y CAZ -{ N -a rn -1 -'w JENNIFER A. STROCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW No. 1999-5808 CIVIL TERM HEATH A. STROCK, Defendant/Petitioner : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Heath A. Strock, Petitioner, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the parry. Respectfully submitted, Date: Amy L. W el Certified Legal Intern LUC STON-W SH ANNE CDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C c N _ x n1? ? O ? .%° : O CJ? fti cr` JENNIFER A. STROCK Plaintiff V. HEATH A. STROCK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 99-5808 CIVIL ACTION LAW IN CUSTODY PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE withdraw my appearance as attorney of record for the Defendant, Heath A. Strock, in the above captioned docket. Respectfully submitted by: Dated: I,\ 'VA-(jZ1 Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 PLEASE enter my appearance as attorney of record on behalf of the Defendant, Heath A. Strock, in the above captioned docket. Respectfully submitted by: t7l&_ y1 Al is L. Hudock Certified Legal Intern 4HOM S M LACE LUCYJ STON-WALSH ANNE MACDONALD-FOX Dated: ?V`/ /51mo FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ?- ? ?; F L^ Z.??.??' l 1 .--,? ry7 'p C? . ? ?7 _ ? i._' ` %?- c ?; n . z.._ _{ 4fi ?. 's? +. JENNIFER A. STROCK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-5808 CIVIL ACTION LAW HEATH A. STROCK IN CUS'T'ODY DEFENDANT ORDER OF COURT AND NOW, Thursday, June 17, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg PA 17055 on Thursday, July 15, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn Sunday. isq. mnc 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'IELEPHONE 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 b'r(? IAl,",SRld ?d c Inr ?ooa ?: ` ?V l tlUdd ?N1.d0 :li?fa0-Cl?lf?i JENNIFER A. STROCK : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION - LAW HEATH A. STROCK No. 99-5808 CIVIL TERM Defendant/Petitioner IN CUSTODY CERTIFICATE OF SERVICE: I, Amy L. Kruzel, hereby certify that I am serving a true and correct copy of Petition for Modification of Custody Order on Gerald S. Robinson, the Respondent's attorney of record in this custody action. I am doing so by depositing a copy of same in the United States mail, First Class, postage prepaid, this 23`d day of June, 2004. I am mailing the copy to the following address: Mr. Gerald S. Robinson, Esquire 4407 North Front Street Harrisburg, PA 17110 Date: lp-,a, -014 0AM Amy L. uzel Certified Legal Intern FAMILY LAW CLINIC 45 South Pitt Street Carlisle, PA 17013 (717) 249-2968 N ? ? U r. m,--? 1 ? y'. ??. Y f S [?i J ? T ??(,} S`! t.=? ` ? C,J ' JENNIFER A. STROCK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 99-5808 CIVIL ACTION LAW HEATH A.STROCK Defendant IN CUSTODY ORDER OF COURT AND NOW, this 255 ? day of ? \j ? '( , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated January 9, 2001 and November 23, 1999 are vacated and replaced with this Order. 2. The parties shall make arrangements for the Children to participate in therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to address issues which have arisen with regard to the Children in connection with the custodial arrangements and obtain guidance concerning the Children's needs and adjustment. 3. The Mother, Jennifer A. Stock, and the Father, Heath A. Strock, shall have shared legal custody of Abbigale 0. Stock, born May 22, 1995, Sunny K. Strock, born March 27, 1997, and Zebadiah C. Strock, born May 10, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 4. The Mother shall have primary physical custody of the Children. 5. The Father shall have supervised partial physical custody of the Children on alternating weekends until July 31, 2004 from Saturday at 12:00 noon through Sunday at 1:30 p.m. and, beginning July 31, 2004, from Saturday at 10:00 a.m. until Sunday at 7:00 p.m. During the overnight period, the Father's periods of custody shall be supervised by the Father's mother or the Father's father at either of their homes or the Father's residence. During the remainder of the Father's periods of custody, supervision shall be provided by a responsible adult familiar to the Children who is selected by the Father. The Father shall advise the Mother as to whom the supervising adult will be at the beginning of each period of custody. Unless the supervising adult is one of the Father's parents, the Father shall instruct the supervising individual to notify the Mother promptly by telephone in the event the Father has an epileptic seizure during his period of custody. D 9-z `L C :7 ti : LLJ Z N 6. Upon obtaining the Father's medical report the parties and counsel agree to further consider and discuss the scheduling of an expanded weekend period of custody for the Father before the beginning of the school year. 7. The parties agree that the Mother may have custody of the Children at 3:00 p.m. on August 15, 2004 to take the Children to a theater production. 8. The parties shall share having custody of the Children on holidays as follows A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 3:00 p.m. through Christmas Day at 3:00 p.m., and Segment B, which shall run from Christmas Day at 3:00 p.m. through December 26 at 3:00 p.m. The Mother shall have custody of the Children during Segment A every year and the Father shall have custody of the Children during Segment B every year. B. Alternating Holidays: The parties shall alternate having custody of the Children on New Years Day, Easter, Memorial Day, July 4a' , Labor Day and Thanksgiving from 10:00 a.m. until 7:00 p.m. on each holiday. In even numbered years, the Mother shall have custody of the Children on New Years Day, Memorial Day and Labor Day and the Father shall have custody on Easter, July e, and Thanksgiving. In odd numbered years, the Father shall have custody of the Children on New Years Day, Memorial Day and Labor Day, and the Mother shall have custody on Easter, July 4a' and Thanksgiving. C. Mother's Day/Father'sDav: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day from 10:00 a.m. until 7:00 p.m. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 9. The parties shall exchange custody of the Children at a neutral location mutually agreed upon by the parties. 10. The non-custodial parent shall be entitled to have reasonable telephone contact with the Children. 11. The parties shall keep one another advised of their current addresses and telephone numbers. 12. The parties shall notify each other of all medical care the Children receive while in each parent's care. The parties shall notify each other immediately of medical emergencies which arise while the Children are in that parent's care. 13. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 14. The Father shall ensure that all guns in his residence are locked in a cabinet, closet or other storage space to prevent access by the Children. The Father shall ensure that all ammunition is locked in a separate location from the guns also to prevent access by the Children. 15. Until such time as the Father obtains a valid driver's license, the Father shall not drive with the Children on any type of motorized vehicle on public or private property. 16. After completion of the therapeutic family counseling required by this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. In the event either party believes that the other party is intentionally delaying or otherwise acting in bad faith in failing to complete the counseling, counsel for that party may contact the conciliator to schedule a telephone conference. 17. 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. cc: Amy L. Kruzel and Lucy Johnston-Walsh, Esquire - Counsel for Father Gerald S. Robinson, Esquire - Counsel for Mother BY THE COURT, b TJUL 2 2 ?r""" JENNIFER A. STROCK Plaintiff Vs. HEATH A. STROCK Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5808 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMAP:Y REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF May 22, 1995 Mother Sunny 1. Strock O. Strock March 27, 1997 Mother Sunny May 10, 1998 Mother Zebadiah C. Stock 2. A conciliation conference was held on July 15, -1 20,34, with the following Gerald S. Robinson, Esquire, and the attendance: The Mother, Jennifer A. Strock, with her counsel, Father, Heath A. Strock, with his counsel, Amy Kruzel and Lucy Johnston-Walsh, Esquire. 3. The parties agreed to entry of an Order in the form as attached. 0 _4 x2 Date Custody Conciliator o? ay o JENNIFER A. STROCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW No. 1999 -5808 CIVIL TERM HEATH A. STROCK Defendant/Petitioner : IN CUSTODY PETITION TO MODIFY CUSTODY The Petitioner, Defendant Heath A. Strock, by his counsel, The Family Law Clinic, respectfully represents the following in support of his petition for modification: 1. Defendant/Petitioner is Heath A. Strock ("Father"), who resides at 236 Erford Road, Camp Hill, PA 17011, Cumberland County, Pennsylvania, 17050. 2. Plaintiff/Respondent is Jennifer A. Strock ("Mother"), who resides at 614 Shelley View Drive, Goldsboro, York County, Pennsylvania, 17319. 3. On July 28, 2004, an Order of Court was entered for custody of the parties' three children, Abbigale O. Struck, Sunny K. Strock, and Zebadiah C. Strock. A true and correct copy of that Order is attached as "Exhibit A." 4. Pursuant to the terms of the July 28, 2004 Order, Mother and Father share legal custody of the children. 5. Pursuant to the terms of the Order, Mother has primary physical custody of the children, and Father has supervised partial physical custody of the children on alternating weekends from Saturday at 10:00 a.m. through Sunday at 7:00 p.m. 6. Father requests a modification to the existing Order because: a. Father has consistently exercised his periods of custody and has developed loving relationships with the children. The current Custody Order grants Father custody of the children beginning at 10:00 a.m. on Saturdays. However, due to the children's activity schedules, Father is often unable to exercise his full custodial periods. C. Father agrees that continued supervision of his custodial periods is proper because of his medical condition. However, Father's medical condition has improved and his periods of supervised physical custody should be expanded. d. Father requests that the schedule be modified so that one weekend a month, he would have the children from Friday after school until Sunday evening. Father is interested in becoming more involved with the children's activities and to spend longer periods of time with the children. e. In the past, Mother has not allowed the children to take a vacation with Father and Father's extended family. Father would like to resolve this issue to plan for a vacation the summer of 2006. Father would like one full week with the children during the summer. In accordance with Rule 208.2(d) of Cumberland County Rules of Civil Procedure, concurrence of opposing counsel, Jamie D. Wassmer, Esquire, was sought and was not obtained. WHEREFORE, Father asks that the Court modify the existing Order for Custody and grant the Petitioner an expansion of his partial physical custody periods with the Children. Date: I ammill Certified Legal Intern Lucy 3 g ton-Walsh Ange pi4acDonald-Fox Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the attached Petition are true and correct to the best of my knowledge. 1 understand that any false statements are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: X006 Strock JENNIFER A. STROCK Plaintiff VS. HEATH A. STROCK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENTNTSYLVANIA 99-5808 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT .elk AND NOW, this day of f 2004, upon consideration of the attached Custody Conciliation RC(/Ort, it ' ordered and directed as follows: 1. The prior Orders of this Court dated January 9, 2001 and November 23, 1999 are vacated and replaced with this Order. 2. The parties shall make arrangements for the Children to participate in therapeutic family counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to address issues which have arisen with regard to the Children in connection with the custodial arrangements and obtain guidance concerning the Children's needs and adjustment. 3. The Mother, Jennifer A. Stock, and the Father, Heath A. Strock, shall have shared legal custody of Abbigale O. Stock, bom May 22, 1995, Sunny K. Strock, born March 27, 1997, and Zebadiah C. Strock, born May 10, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 4. The Mother shall have primary physical custody of the Children. 5. The Father shall have supervised partial physical custody of the Children on alternating weekends until July 31, 2004 from Saturday at 12:00 noon through Sunday at 1:30 p.m. and, beginning July 31, 2004, from Saturday at 10:00 a.m. until Sunday at 7:00 p.m. During the overnight period, the Father's periods of custody shall be supervised by the Father's mother or the Father's father at either of their homes or the Father's residence. During the remainder of the Father's periods of custody, supervision shall be provided by a responsible adult familiar to the Children who is selected by the Father. The Father shall advise the Mother as to whom the supervising adult will be at the beginning of each period of custody. Unless the supervising adult is one of the Father's parents, the Father shall instruct the supervising individual to notify the Mother promptly by telephone in the event the Father has an epileptic seizure during his period of custody. 6. Upon obtaining the Father's medical report the parties and counsel agree to further consider and discuss the scheduling of an expanded weekend period of custody for the Father before the beginning of the school year. 7. The parties agree that the Mother may have custody of the Children at 3:00 p.m. on August 15, 2004 to take the Children to a theater production. 8. The parties shall share having custody of the Children on holidays as follows A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 3:00 p.m. through Christmas Day at 3:00 p.m., and Segment B, which shall run from Christmas Day at 3:00 p.m. through December 26 at 3:00 p.m. The Mother shall have custody of the Children during Segment A every year and the Father shall have custody of the Children during Segment B every year. B. Alternating Holidays: The parties shall alternate having custody of the Children on New Years Day, Easter, Memorial Day, July 4`h , Labor Day and Thanksgiving from 10:00 a.m. until 7:00 p.m. on each holiday. In even numbered years, the Mother shall have custody of the Children on New Years Day, Memorial Day and Labor Day and the Father shall have custody on Easter, July 4`h, and Thanksgiving. In odd numbered years, the Father shall have custody of the Children on New Years Day, Memorial Day and Labor Day, and the Mother shall have custody on Easter, July 4`h and Thanksgiving. C. Mother's DavlFather'SDaV: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day from 10:00 a.m. until 7:00 p.m. D. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 9. The parties shall exchange custody of the Children at a neutral location mutually agreed upon by the parties. 10. The non-custodial parent shall be entitled to have reasonable telephone contact with the Children. 11. The parties shall keep one another advised of their current addresses and telephone numbers. 12. The parties shall notify each other of all medical care the Children receive while in each parent's care. The parties shall notify each other immediately of medical emergencies which arise while the Children are in that parent's care. 13. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 14. The Father shall ensure that all guns in his residence are locked in a cabinet, closet or other storage space to prevent access by the Children. The Father shall ensure that all ammunition is locked in a separate location from the guns also to prevent access by the Children. 15. Until such time as the Father obtains a valid driver's license, the Father shall not drive with the Children on any type of motorized vehicle on public or private property. 16. After completion of the therapeutic family counseling required by this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. In the event either party believes that the other party is intentionally delaying or otherwise acting in bad faith in failing to complete the counseling, counsel for that party may contact the conciliator to schedule a telephone conference. 17. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, A 6-1 47A Wesley Oler, Jr. J. vv cc: Amy L. Kruzel and Lucy Johnston-Walsh, Esquire -Counsel for Father Gerald S. Robinson, Esquire - Counsel for Mother { ?4 %/''1j'•])r( 1 l?aa'_:?Jf.?bEs.?u.?+w?"I?f /, {i3t x, 14..+IYV.}7 v ?Nj a •' +J 1? JENNIFER A. STROCK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-5808 CIVIL ACTION LAW HEATH A.STROCK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, May 01, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 24, 2006 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort wild be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. Custody Conciliator Yi' 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 4t tea` f'? 'Alp LZ Q !'? Z- ,'ll HIOZ 94 - z°;p Hl 210 !! 'ITT w GERALD S. ROBINSON, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 27432 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax grobinson@robinson-geraldo.com JENNIFER A. STROCK, Plaintiff/Respondent, V. HEATH A. STROCK, Defendant/Petitioner. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 5808 NO.1999--i 5 CIVIL ACTION- CUSTODY ANSWER TO DEFENDANT'S PETITION TO MODIFY CUSTODY Respondent, Jennifer A. Strock, by and through her attorney Gerald S. Robinson, Esquire and the firm of Robinson & Geraldo, represents as follows: 1. Paragraph 1 is admitted. 2. Paragraph 2 is denied. Respondent's address is 506 Shelly's Lane, Etters, York County, Pennsylvania and has resided at said address since August 2003. 3. Paragraph 3 is admitted. 4. Paragraph 4 is admitted. 5. Paragraph 5 is admitted. J • 6. Paragraph 6 is admitted and denied as follows: a. Paragraph 6(a) is admitted in part and denied in part. Petitioner has exercised consistent periods of custody, except for the weekend of March 11, 2006, where he underwent testing out of state and failed to communicated his inability to exercise custody of the children during that time. Respondent denies that Petitioner has developed loving relationships with the children based on the children's statements regarding their relationship with the Petitioner due to Petitioner's lack of participation and interest in the children's activities and Petitioner's lack of involvement with the children during his periods of custody. b. Paragraph 6(b) is admitted in part and denied in part. Petitioner is granted visitation which commences at 10:00 a.m. Saturday mornings. Respondent denies that Petitioner is unable to exercise his full custodial periods due to the children's activity schedules. Respondent has always communicated to Petitioner that he may attend these activities should they fall during his custodial visitation; however Petitioner chose to pick the children up at the conclusion of the activity, which at times occurred after 10:00 a.m. Petitioner stated that he would only attend the children's activities if the Respondent or her family were not in attendance. c. Paragraph 6(c) is admitted in part and denied in part. Respondent agrees that Petitioner's medical condition warrants continued supervised visitation periods; however, Respondent denies that his condition has improved to allow an expansion of his custodial periods. Proof thereof is demanded at trial. d. Paragraph 6(d) is denied. Respondent does not consent to modify the current J agreement allowing Petitioner's visitation period to commence from the time the children get out of school. e. Paragraph 6(e) is denied. Respondent does not consent to allowing the children to spend a full week to go on vacation with Petitioner and his family based on the children's expressed desire not to spend an entire week with the Petitioner. 7. Paragraph 7 is admitted. WHEREFORE, Respondent prays this Court deny Petitioner's request to modify the existing Custody Order thereby also denying Petitioner's request to expand his periods of partial custody. NEW MATTER 8. Paragraphs 1-7 are incorporated herein as though fully set forth. 9. Respondent believes that due to the severity of Petitioner's medical condition that is it in the best interest of the children to expand and modify the current July 28, 2004 Custody Order by granting Respondent primary legal custody of the three minor children for the following reasons: a. During the month of April, Petitioner missed a counseling session because he forgot about the appointment; b. Petitioner failed to attend daughter Sunny's Individual Education Plan meeting, which is held yearly, and neglected to contact the teacher to reschedule; c. Petitioner failed to attend an important neurology appointment for daughter Sunny • where the doctor explained the child's condition. There were important decisions that had to be made at this appointment regarding the child's treatment that Petitioner failed to participate in resolving. d. Respondent and Petitioner had been arguing regarding daughter Sunny's treatment and Petitioner's attendance at the neurology appointment was crucial because it would aid the parties in deciding if it was necessary to engage in follow-up treatment for the child. e. Petitioner has neglected to acknowledge the fact that he missed daughter Sunny's neurology appointment. f. The severity of Petitioner's frontal lobe damage leaves him susceptible to fits of Anger, to which the children are exposed. g. Petitioner has exhibited anger towards Respondent and made disparaging comments to the children about Respondent for his limited visitation with the children. h. Petitioner allows the children to watch inappropriate movies rated Rand NC-17. 10. Respondent believes Petitioner's medical condition prevents him from exercising sound judgment with regards to the children and prevents him from exercising restraint from engaging in angry outbursts on the children. WHEREFORE, Respondent prays your Honorable Court to modify the existing Custody Order and grant her primary legal custody of the three minor children. Respectfully submitted, ROBINSON & GERALDO Date: By: Gerald S. Robinson, Esquire Attorney for Plaintiff/Respondent VERIFICATION I verify that the statements made in this Answer 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 unswom falsification to authorities. Jenny S ock CERTIFICATE OF SERVICE h I, Jaime Wassmer, do hereby certify that on the 10 fi day of MOLV 12006, I caused a true and correct copy of the Answer and New Matter to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Family Law Clinic ATTN: Jill Hammill ATTN: Lucy Johnston-Walsh ATTN: Anne MacDonald-Fox 45 North Pitt Street Carlisle,PA 17013 Respectfully submitted, ROBINSON & GERALDO B e Wassmer, Esquire ca n o -. '?1r. E. F ? -- WJ G A MAY 3 1 2006 JENNIFER A. STROCK Plaintiff VS. HEATH A. STROCK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5808 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of u? 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated July 28, 2004 shall continue in effect as modified by this Order. 2. The parties shall engage in a course of therapeutic family counseling with a professional to be selected by agreement. The purpose of the counseling shall be to establish sufficient communication and cooperation to enable the parties to effectively co-parent their Children. The parties shall contact selected counselor's office within 10 days of the date of this Order to schedule the first session. All costs of counseling which are not reimbursed by insurance coverage shall be shared equally between the parties. 3. Beginning June 16, 2006, the Father shall have partial physical custody of the Children on the third weekend of every month. During the summer school break, the Father's periods of custody shall run from Friday at 4:00 p.m. through Sunday at 7:00 p.m.. During the school year, the Father's periods of custody shall run from Friday at 6:00 p.m. until Sunday at 6:00 p.m., with the understanding that the parties shall further address the issues of school pick-up and return time through the counseling process. 4. The Father shall be entitled to have custody of the Children for vacation during the summer school break for 7 days, with no more than 4 to be scheduled consecutively. The Father shall not schedule periods of custody under this provision during the second half of August 2006. The Father's periods of vacation custody shall be supervised by adult family members or Linda and Joseph Hess only. Each party shall provide the other with at least 30 days advance notice of vacation dates, and the party providing notice first shall be entitled to preference on his or her selection of dates. 5. The Father shall ensure that the Children attend their regularly scheduled activities during his periods of custody. In the event of the Father's unavailability or inability, the Father shall contact the Mother to enable the Mother to take the Children to their activity. , . k`? ? ?, Cam! 'r, L-1 I p CZDI 25 ? C) C-4 A- 6. Within 6 months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional conciliation conference to address the exchange times for the Father's school year periods of partial custody. 7. 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. J. Du v cc: Xucy Johnston-Walsh, Esquire - Counsel for Father /raid S. Robinson, Esquire - Counsel for Mother J cib BY THE COURT, JAIME D. WASSMER,ESQUIRE Robinson & Geraldo Sup.'Ct. I.D. No. 200705 2505 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 - Phone (717) 232-5098 - Fax jwassmer@robinson-geraldo.com JENNY STROCK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiff/Petitioner, V. NO. 99-5808 HEATH A. STROCK, Defendant/Respondent. CIVIL ACTION-CUSTODY PETITION FOR CONTEMPT The Petition of Jenny Strock respectfully represents that: 1. Petitioner is Jenny Strock, an adult individual and the natural Mother who currently resides at 506 Shelley's Lane, Etters, York County, Pennsylvania 17319. 2. Respondent is Heath A. Strock, an adult individual and the natural Father who currently resides at 828 Fishing Creek Rd, New Cumberland, York County, Pennsylvania 17070. 3. The parties are the natural parents of the minor children: Abbigale O. Strock, born May 22, 1995, Sunny K. Strock, born March 27, 1997, and Zebadiah C. Strock, born May 10, 1998. 4. The children are presently in the custody of Petitioner, who currently resides at 506 Shelley's Lane, Etters, York County, Pennsylvania 17319. 5. Petitioner seeks to have the Respondent held in contempt of Court for violating the terms of the existing Custody Order for the following reasons: a. An Order was entered by this Court dated June 1, 2006 directing Respondent to ensure that the children attend their regularly scheduled activities during Respondent's periods of custody. In the event of Respondent's unavailability or inability, Respondent shall contact Petitioner to enable Petitioner to take the children to their activity. A copy of this Order it attached hereto as Petitioner's Exhibit No. 1. b. On April 18, 2009 at approximately 11:00 a.m., the parties' son called Petitioner to inform her that Respondent was not allowing him to attend his game on April 19, 2009. C. Petitioner was scheduled to work April 19, 2009 approximately one mile from the paternal grandmother's residence, where Respondent and the children stay while in Respondent's care. Petitioner asked Respondent to bring her son to her place of employment so she could take him to the game. Petitioner assured Respondent that she would meet him at a neutral location after the game so the child could continue his visitation with Respondent. d. Respondent refused to both take the child to his game and bring the child to Petitioner's place of employment so that Petitioner could take their son to his game despite Petitioner assuring Respondent that she would return their son to Respondent once the game was over. Respondent is in direct violation of the Custody Order by refusing to allow Petitioner to take their son to his game during Respondent's visitation period due to Respondent's unavailability and/or inability to take the child to the game himself. f. Petitioner is requesting that this Honorable Court permit Petitioner to pick up the child or children while they are in Respondent's care if the child or children has a regularly scheduled activity and Respondent not only refuses to take them to that activity but also refuses to allow Petitioner to pick up the child or children so that they can attend and participate in that activity. Petitioner further requests that Respondent must timely notify Petitioner if Respondent is unable or unwilling to take the children to their regularly scheduled activities. 6. On April 18, 2009, while the children were in the custody of Respondent, Respondent was playing outside with all three children. The parties' son was holding the ball that Respondent and the children were using to play when Respondent asked the son to give Respondent the ball. 7. The parties' son gave Respondent the ball and Respondent then took the ball and threw at the parties' daughter, Sunny, in the head. 8. The parties' daughter, Sunny, has brain surgery approximately four year ago for two giant aneurisms and needs to be careful not to sustain any head injuries. 9. Despite Respondent's awareness of Sunny's health issues, he intentionally and impulsively threw the ball at her head. 10. Petitioner took Sunny to the hospital on April 19, 2009. The emergency room physician examined Sunny and determined that though she seemed fine, Petitioner should "keep an eye out for any signs of head trauma". 11. Children and Youth Services is now involved with the incident. 12. Petitioner is requesting that Respondent's periods of visitation be suspended pending a determination from Children and Youth Services regarding the incident that occurred on April 18, 2009. WHEREFORE, for the forgoing reasons, Petitioner prays this Honorable Court grant her Petition for Contempt and Special Relief by allowing Petitioner to pick up the child or children while they are in Respondent's care if the child or children has a regularly scheduled activity and Respondent either refuses to take them to that activity or refuses to allow Petitioner to pick up the child or children so that they can attend and participate in that activity. Petitioner further prays that this Honorable Court suspends Respondent's periods of visitation pending a determination from Children and Youth Services regarding the incident that occurred on April 18, 2009. Respectfully submitted, ROBINSON & GERALDO By: 4mJ'^ D. Wassmer, Esquire ey for for Petitioner CERTIFICATE OF SERVICE I, Jaime D. Wassmer, Esq., do hereby certify that on the 27th day of April, 2009, I caused a true and correct copy of the Petition for Contempt to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. The Penn State Dickinson School of Law Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Respectfully submitted, ROBINSON & GERALDO B Jrnassmer, Esquire A ey I.D. No. 200705 2505 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 *IIAy ) ;o JENNIFER A. STROCK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 99-5808 CIVIL ACTION LAW HEATH A. STROCK Defendant IN CUSTODY ORDER OF COURT 1A AND NOW, this j day of 2006. upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated July 28, 2004 shall continue in effect as modified by this Order. 2. The parties shall engage in a course of therapeutic family counseling with a professional to be selected by agreement. The purpose of the counseling shall be to establish sufficient communication and cooperation to enable the parties to effectively co-parent their Children. The parties shall contact selected counselor's office within 10 days of the date of this Order to schedule the first session. All costs of counseling which are not reimbursed by insurance coverage shall be shared equally between the parties. Beginning June 16, 2006, the Father shall have partial physical custody of the Children on the third weekend of every month. During the summer school break, the Father's periods of custody shall run from Friday at 4:00 p.m. through Sunday at 7:00 p.m.. During the school year, the Father's periods of custody shall run from Friday at 6:00 p.m. until Sunday at 6:00 p.m., with the understanding that the parties shall further address the issues of school pick-up and return time through the counseling process. 4. The Father shall be entitled to have custody of the Children for vacation during the summer school break for 7 days, with no more than 4 to be scheduled consecutively. The Father shall not schedule periods of custody under this provision during the second half of August 2006. The Father's periods of vacation custody shall be supervised by adult family members or Linda and Joseph Hess only. Each party shall provide the other with at least 30 days advance notice of vacation dates, and the party providing notice first shall be entitled to preference on his or her selection of dates. ?. The Father shall ensure that the Children attend their regularly scheduled activities during his periods of custody. In the event of the Father's unavailability or inability, the Father shall contact the Mother to enable the Mother to take the Children to their activity. EXHIBIT I 6. Within 6 months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional conciliation conference to address the exchange times for the Father's school year periods of partial custody. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 13/ ?)4_ _YS I lk OV1.) J. Wesley Oler, Jr. A , J. cc Lucy Johnston-Walsh, Esquire - Counsel for Father Gerald S. Robinson, Esquire - Counsel for Mother TRUE COPY FROM RECORD In Testimony whercof, t here unto set my hand an e sea of said C adisie, Pa. Th .. .... y f.... !r r . FZ7 OF THE KB APP? 28 01 ! : 5J G .1V•La . .:ji F 1? 10.00 p a A7W ajc? 4sss P74- aaoz? JENNY STROCK IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. HEATH A. STROCK DEFENDANT 1999-5808 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 30, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, June 03, 2009 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es 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 ,, ? r L,t ?i?ARY F14?: ? ? ? ? I ;C1 i . ???,? x.30 ?, ? ? ? ?-. ?`?? may' ?°?? ??? ? ? ??? Jennifer A. Strock, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 99-5808 CIVIL TERM Heath A. Strock, Defendant : IN CUSTODY PETITION FOR LEAVE TO WITHDRAW Petitioner, The Family Law Clinic, hereby petitions for leave to withdraw from further representation of Heath A. Strock, pursuant Pa.R.C.P. 1012(b), and in support therefore avers the following: 1. The Family Law Clinic entered an appearance in the above captioned matter on behalf of Mr. Strock on June 14, 2004. 2. On May 24, 2006, the Family Law Clinic attended a custody conciliation representing Mr. Strock. 3. An Order of Court in custody was issued on June 1, 2006 by the Honorable Judge Wesley Oler, Jr.. 4. On April 28, 2009, Plaintiff filed a Petition for Contempt against Mr. Strock with a conciliation scheduled for June 9, 2009. 5. On May 4, 2009, The Family Law Clinic sent a letter to Mr. Strock after having spoken with him over the phone, requesting that he meet with the Family Law Clinic to be re- evaluated to make sure he qualifies for the clinic's services. In the letter, the Family Law Clinic gave Mr. Strock until May 11, 2009 to respond to the letter and to qualify for the clinic's services. 6. As of May 14, 2009, Mr. Strock has not contacted the Family Law Clinic. 7. Mr. Strock's address is 828 Fishing Creek Road, New Cumberland, PA, 17070, this petition was served on Mr. Heath A. Strock by mailing a copy to the aforementioned address via first class US mail. 8. The Family Law Clinic sought concurrence to this petition from opposing counsel, Jaime D Wassmer, Esquire, on May 14, 2009; opposing counsel concurred. 9. The judge assigned to this case is the Honorable Judge Wesley Oler, Jr. WHEREFORE, pursuant to Pa.R.C.P. 1012(b), the Family Law Clinic requests that the Court grant its Petition for Leave to Withdraw. Date Re ectfully ubmitted, ADAM BRITCHER Intern Certified Legal 4??? ROBE E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER KATE CRAMER-LAWRENCE Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Telephone: (717) 243-2968 Fax: (717) 243-3639 OF TIP,- "?Y JAIME D. WASSMER, ESQUIRE Attorney I.D. No. 200705 Robinson & Geraldo, P.C. 2505 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717)232-8525 Fax (717)232-5098 jwassmer@robinson-geraldo.com JENNY STROCK, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERAND COUNTY, PENNSYLVANIA V. HEATH A. STROCK, Defendant. : NO. 99-5808 : CIVIL ACTION CUSTODY PROOF OF SERVICE The undersigned makes the following return of service: the Petition for Contempt was served upon Heath Strock on May 8, 2009 at 828 Fishing Creek Road, New Cumberland, Cumberland County, Pennsylvania. The signed acceptance of service is attached hereto as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Jaime D. Wassmer, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsfication to authorities. Respectfully submitted, Dated: May 12, 2009 ROBINSON & GERALDO By: Jai D. Wassmer, Esquire Attorney for Plaintiff ¦ CompNla twera 1, 2, and 3. Also complete item 4 N Resricted Delivery is desired. X ? Agent • Print your name and address on the reverse so that we can return the card to you, B. v ) C. i ¦ Attach this card to the back of the mailplece, or on the front if space permits. tt- PC (A D. Is delivery address different from item 11 Yes 1, Article Addressed to: If YES, enter delivery address below: ? No ,?? a?Gt s?rocl? 0 Ps'h In? &eL'o-lL 1?/?- 17070 3. Sere Type 121-Certified Mall ? Exp 88 Mall ? Registered mum Receipt for MerohwKhm ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Atftb Number 7008 1140 0004 4438 1319 (AarrNbr irony serrfcs bw ps Form 811, Fsbmmy 2m Don @Wc Reft Room" 102595-02-WIS40 UNITED STATES POSTAL SERVICE Pirst-Class Mail Postage & Fees Paid USPS Permit No. &10 • Sender: Please print your name, address, and ZIP+4 in this box • ROBINSON & GERALDO Attorneys At Law P.O. Box 5320 Harrisburg, PA 17110 i?,?ltf?rfi?r,ll?r?!!!i»rlfirrrr?lfi??rfirHirrn?fi?!lirrrr?lir! EXHIBIT & 4z t A tI/ TF: ? UevwA Jennifer A. Strock, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 99-5808 CIVIL TERM Heath A. Strock, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this h day of , 2009 upon consideration of the attached petition, it is hereby ordered that the Family Law Clinic is granted leave to withdraw from further representation of Heath A. Strock. Distribution To: aime D. Wassmer, Esquire Robinson& Geraldo 2505 North Front Street P.O. Box 5320 Harrisburg, PA 17110-5320 ,I' Heath Strock 828 Fishing Creek Road New Cumberland, PA 17070 amily Law Clinic 45 North Pitt Street Carlisle, PA 17013 1?of 62's' ? uzt LL BY THE COURT: C •Z P 61 AA 6901 JUL 0 6 2009 61 JENNY STROCK VS. Plaintiff HEATH A. STROCK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1999-5808 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this &8 day of , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated June 1, 2006 shall continue in effect as modified by this Order. 2. The Mother shall make arrangements for the Children to participate in counseling with the Father. The purpose of the counseling shall be to assess the source of, and continuing factors in, conflicts which have arisen in the relationship between the Father and the Children and to address those issues with the goal of promoting a close and healthy relationship between the Father and the Children. The parties acknowledge that it is their ultimate goal to expand the Father's time with the Children to foster an ongoing relationship with the assistance and input from the counselor. The Father shall contact the counselor to schedule an initial session and shall thereafter follow the recommendations of the counselor with respect to the timing of future separate or joint sessions with the Children. 3. The Father shall obtain a current examination and evaluation by a neurologist and a neuropsycholo gist to assess the Father's medical issues and obtain information as to his ability to provide appropriate and adequate supervision and care for the Children. The Father shall sign any authorizations deemed necessary to enable the neurologist and neuropsychologist to share information with the counselor working with the Father and Children. 4. The parties shall identify a reliable means of communication to document exchanges of information between the parties. 5. The Father shall prepare a list of proposed individuals who are willing to supervise his periods of custody and the parties shall cooperate in selecting an individual acceptable to both parents. 6. The Mother shall encourage the Children to contact the Father regularly by telephone to share information about their current activities and interests and maintain ongoing contact. 7. Within six months of the date of this Order, counsel for either party may contact the conciliator to schedule a follow-up custody conciliation conference or telephone conference with counsel to review the custodial arrangements. 8. 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. cc: ..,4e Wassmer Black, Esquire - Counsel for Mother usan K. Candiello, Esquire - Counsel for Father - J BY THE COURT, JENNY STROCK vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1999-5808 CIVIL ACTION LAW HEATH A. STROCK Defendant Prior Judge: J. Wesley Oler, Jr. IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Abbigale O. Strock May 25, 1995 Mother Sunny K. Strock March 27, 1997 Mother Zebadiah C. Strock May 10, 1998 Mother 2. A custody conciliation conference was held on June 9, 2009, with the following individuals in attendance: the Mother, Jenny Strock, with her counsel, Jaime D. Wassmer Black, Esquire, and the Father, Heath A. Strock, with his counsel, Susan K. Candiello, Esquire. 3. The Mother filed a Petition for Contempt. After discussing the issues involved in the Mother's Petition, it was agreed that the conciliator would hold the matter open to enable the parties to further consider discussions at the conference and for the Father to submit a proposal for the Mother's consideration adjusting the Father's time with the Children. A telephone conference was held on June 30, 2009, with the parties' respective counsel and the conciliator participating. 4. The parties agreed to entry of an Order in the form as attached. /, a2UV a - 'drt, Date Dawn S. Sunday, Esquire Custody Conciliator FIB Erb- r OF- THE t` AM i re r v 2009 JUI --8 Ptl 2: S-2 GVflf? ? "_ ?,Y?,i Jenny Strock, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 99-5808 CIVIL ACTION Heath A. Strock, Defendant. PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE Kindly enter the appearance of Kristopher T. Smull, Esquire, on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted: ROBINSON & GERALDO Date: It I j (zi Kristopher m 11, Esquire Attorney I.D. No. 69140 2505 N. Front Street, 2nd Floor P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Kindly withdraw the appearance of Jaime D. Black, Esquire, on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted: Date: 11-5-07 By: Ja' a D. A orne .D. No.200705 13 Market Street, Suite 10 Lemoyne, PA 17043 FILED- -I I'Jiff"i CE OF THE PRC Tl, Ir!`-,MlAPY 2009 NOV 10 Pi 12. 02