HomeMy WebLinkAbout03-4873ANDREW N. MUZA,
PLAINTIFF
vs.
LORI K. CANFIELD,
DEFENDANT
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 3-cif 3
IN CUSTODY
COMPLAINT IN CUSTODY
AND NOW comes the Plaintiff, ANDREW N. MUZA, by his attorney, Samuel L.
Andes, and makes the following Complaint for Custody:
1. The Plaintiff is ANDREW N. MUZA, an adult individual who resides at 17
Sussex Road in Camp Hill, PA 17011.
2. The Defendant is LORI K. CANFIELD, an adult individual who resides at RR 2,
Box 163 in Wyalusing, PA 18853.
3. The Plaintiff and Defendant are not husband and wife and were never married.
4. The Plaintiff and Defendant are the parents of one minor child, Alexia Noel
Muza, born 2 January 2003.
5. Plaintiff seeks an award of shared legal and physical custody of the child,
Alexia Noel Muza.
6. The child was born out of wedlock and is presently in the custody of the
Defendant.
7. Since the child's birth, the minor child has resided with the following persons at
the following addresses:
January 2003 - June 2003 Plaintiff & Defendant 4 Marshall Drive
Camp Hill, PA 17011
June 2003 - August 2003
Plaintiff & Defendant
17 Sussex Road
Camp Hill, PA 17011
late August 2003 - present Defendant only Wyalusing, PA 18853
ANDREW N. MUZA, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent : CUMBERLAND COUNTY PENNSYLVANIA
VS.
No.03-4873 CIVILTERM
LORI K. CANFIELD,
DefendanVPetitioner . IN CUSTODY
PETITION FOR SPECIAL RELIEF
Petitioner, Lori Canfield, by and through her counsel, Jessica Diamondstone of
MidPenn Legal Services, states the following:
1. Petitioner is the above-named Defendant, hereinafter referred to as Mother, who
resides at 4838 East Trindle Road, Mechanicsburg, Cumberland County, PA,
17050.
2. Respondent is the above-named Plaintiff, hereinafter referred to as Respondent,
resides at 17 Sussex Road, Camp Hill, Cumberland County, Pennsylvanaia 17011.
3. The above-named parties are the natural parents of Alexia Noel Muza, born
January 2, 2003, and Xavier John Muza, born January 2, 2004.
4. A custody order was entered on August 4, 2004, which in pertinent part, granted
Mother primary physical custody and granted Respondent periods of partial
physical custody in accordance with a specifically outlined schedule. The Order
required both parties to enroll in the ParentWorks parenting program and, during
all periods of custody, refrain from consumption of any alcoholic beverage, or
possession or use of controlled substances. A copy of the Order is attached and
incorporated herein by reference.
5. This matter is scheduled for a Custody Conciliation on September 23, 2004, and a
custody hearing on October 7, 2004.
6. Respondent is not acting in the children's best interests for reasons including, but
not limited to, the following:
a. When Mother when to Respondent's home on Thursday, August 26, 2004,
to pick up the children from their scheduled visit, Mother smelled alcohol
on Respondent and Respondent's appearance suggested that he had been
consuming alcohol during his period of partial physical custody.
b. Despite two Orders (June 11, 2004 and August 11, 2004) requiring the
parties to enroll and complete the ParentWorks parenting class,
Respondent still has not enrolled in the classes.
c. On August 10, 2004, Respondent was found guilty of a third Indirect
Criminal Contempt violation of a Final Protection from Abuse Order.
Upon his arrest for the violation, Respondent was incarcerated and at
sentencing, was incarcerated for not less than thirty (30) days and not
more than six (6) months. Respondent was ordered to remain under the
supervision of the Probation Office, undergo a drug and alcohol
evaluation, and comply with any subsequent recommendations.
d. On August 25, 2004, Respondent was released on parole with supervision.
e. Respondent is awaiting trial for his third Driving Under the Influence
charge and faces the potential for an additional period of incarceration.
The trial is expected to take place during the November 2004, trial term.
f. Respondent's repeated violations of a Protection from Abuse Order, his
refusal to comply with the existing Custody Order and his behavior
suggesting continued use of alcohol causes Mother concern that the
ongoing unsupervised visits are not serving the children's best interests.
g. Respondent's repeated periods of incarceration and release are confusing,
disruptive and possibly dangerous for the children.
7. Mother is the parent who can best provide for the children for reasons including,
but not limited to, the following:
a. Mother is presently able to provide for the children by giving them a
nurturing and stable home environment and providing for their emotional,
physical, medical and educational needs.
b. Since the children were born, Mother is the person who has been their
primary caretaker and has provided for their daily needs. Mother is the
person most capable of caring for the needs of two children this young.
c. Mother can best facilitate and maintain any contact between the children
and their father.
8. Mother requests that the Court suspend Respondent's periods of unsupervised
partial custody until the September 23, 2004, custody conciliation.
9. Without this Court's intervention, the children are at risk of irreparable harm by
being subjected to Respondent's unpredictable and potentially unsafe behavior.
10. Supervised visitation until such time as Respondent attends drug and alcohol
counseling and gets Parentworks assistance best serves the interests of the
children.
11. Respondent is represented by Attorney Yvonne Husic who does not concur with
the relief requested in this petition.
12. Mother requests that the Court refer this matter to the Custody Conciliator to
address during the September 23, 2004, conciliation conference.
WHEREFORE, Petitioner respectfully requests the following:
a. That Respondent's unsupervised periods of partial physical custody be
suspended until the September 23, 2004, custody conciliation.
b. That Respondent be ordered to return to supervised visits at the YWCA in
Harrisburg until the time that this matter can be heard either by the Court
or by the Conciliator.
c. That this matter be referred to the Custody Conciliator to address during
the September 23, 2004, custody conciliation.
d. Any other relief this Court deems just and proper.
Respectfully ubmitted,
Jess/aDiamondstone
Attorney for Plaintiff Petitioner
MidPenn Legal Services
8 Irving Row
Carlisle, PA 17013
NO. 03-4873 CIVIL TERM
4. The Cumberland County Court of Common Pleas shall retain jurisdiction of
this matter. The parties shall continue to reside in the jurisdiction of this Court. In the event
that Mother desires to relocate outside of Cumberland County, absent written agreement of
Father, Mother will petition the Court and provide not less than thirty (30) days notice of her
intention to relocate. Nothing in this Order shall be construed as to prevent Mother or
Father from leaving Cumberland County with the children for temporary periods in a fashion
consistent with the terms of the custodial schedule.
5. In the event that Alexia wants to call Pap, Father will ask his parents to accept
the telephone call.
6. The parties will contact Parent Works and enroll in their parenting program.
7. For a period of twelve hours before and continuing throughout any period of
supervised visitation or partial custody with the minor child, the parties shall consume no
alcoholic beverages nor possess or use controlled substances whatsoever. The parties shall
likewise ensure, to the extent possible, that the other household members and/or house
guests comply with this prohibition.
8. The Custody Conciliation Conference shall reconvene on September 23,
2004 at 10:30 a.m. at the Cumberland County Courthouse, Jury Assembly Room. At
the time of the Custody Conciliation Conference, the parties will have an opportunity
to explore the possibility of resolving this matter short of turning over the decision-
making regarding their children to the Court.
9. A hearing is scheduled in Courtroom Number 4 of the Cumberland County
Courthouse, on the 7th day of October, 2004, at 9:30 A.M., at which time testimony will
be taken. For the purposes of the hearing, the Father, Andrew N. Muza, shall be deemed to
be the moving party and shall proceed initially with testimony. Counsel for the parties or the
parties pro se shall file with the Court and opposing counsel/party a memorandum setting
forth each party's position on custody, a list of witnesses who are expected to testify at the
hearing, and a summary of the anticipated testimony of each witness. These memoranda
shall be filed at least ten days prior to the hearing da e.
BY THE C URT:
r-5? ?91u7m
vin A. Hess, J.
Dist: Yvonne M. Husic, Esquire, 2215 Forest Hills Drive, Suite 35, Harrisburg, PA 17112
Jessica Diamondstone, Esquire, 8 Irvine Row, Carlisle, PA 17013
:232639
TRUE-COPY FRnkA ^ECQR®
TInestimony wherAta t my hand
a gel of saiPa. ry C"
JUL 3 0 2004 tJ
ANDREW N. MUZA, IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 03-4873 CIVIL TERM
V.
LORI KAY CANFIELD,
CIVIL ACTION - LAW
IN CUSTODY
Defendant
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 subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF
Alexia Noel Muza January 2, 2003 Mother
Xavier John Muza January2, 2004 Mother
2. The parties' second Custody Conciliation Conference was scheduled for July
22, 2004. Present for the conference were: the Father, Andrew N. Muza, and his counsel,
Yvonne M. Husic, Esquire; the Mother, Lori Kay Canfield, and her counsel, Jessica
Diamondstone, Esquire.
3. The Father's position is as follows: Father continues to seek overnight periods
of custody. He stated he actually wants shared physical custody but believes Mother will
never agree to that. So, alternatively, he would seek alternating weekends and contact with
the children during the week. With regard to the drug and alcohol treatment and
assessment, Father provided a letter dated July 17, 2004 written by Harry Weaver indicating
that Father scored as a low risk and that he could not justify further treatment. Father now
denies ever having attending Gaudenzia. His attorney did not produce any report of their
assessment.
With regard to the supervised visits at the YWCA, Father complained that Mother
was late for every visit and that she said no to every request for Saturday visits because she
had other plans. This left Father feeling like Mother was delaying the process of
accomplishing six supervised visits before the parties moved to unsupervised time, as
provided in paragraph 2(c) of the Order. Additionally, Father has questioned the paternity of
the parties' youngest child and paternity testing has been done. However, the report from
that testing have not returned. Father complains that Mother is controlling. He also reports
that he is abstinent from drugs and alcohol at this time.
NO. 03-4873 CIVIL TERM
Therefore, he does not understand why Mother will not consider his requests for significantly
more custodial time unsupervised with the children. The trial for the DUI charge against
Father was moved to August, 2004. His counsel reports now that that trial date will be
delayed to some undetermined time in the Fall of 2004. Accordingly, Father wants to move
forward with an increase in the new partial custody schedule. With regard to the Parent
Works Program, Father reported that he contacted them last week but has not received a
telephone call back.
4. Mother's position on custodv is as follows: Mother reports that Father denied
paternity of the youngest child at the Domestic Relations Conference. She believes the
child is his. With regard to supervised visits, Mother reports that she had. already made
plans for the Saturdays and because this was her day off she was not willing or able to
participate in supervised visits on Saturday. She also reports that some of the delay in
starting the visits were because, although she arrived on time, there was a delay in getting
to the room to begin the visit from the point of her arrival caused by the procedures
associated with checking in and being escorted to the visit. Mother acknowledges that the
six visits have been accomplished. Mother reports that she is enrolled in the Parent Works
program and expects to begin the home visits on July 27, 2004. She also wants to
participate in Tuesday/Thursday support groups in Carlisle, but has not yet been contacted
to begin these groups. Mother raises a continued concern regarding her worries about
Father's use of drugs. She reports that a neighbor recently told her that Father has been in
contact with people who are selling him drugs. This leads to her reluctance to agree to
overnight periods of custody or any expansion in the schedule other than what is provided in
paragraph 2(c). Mother also expressed her desire that the children be able to continue a
relationship and have contact with the paternal grandparents. She does not want that
contact to have to be limited to those times when Father is enjoying his periods of partial
custody. Although Mother is very reluctant to be hopeful that Father is or will remain
abstinent from drugs and4cohol and wants him to have time when he can be responsible
for the parenting of these children, she is not presently willing to agree to any expansion or
overnight periods of custody for Father. Thus, she continues to bear the bulk of the
responsibility of parenting two very young children.
5. These parents continue to be both very angry and distrustful of each other.
This distrust from their rocky relationship, combined with the very young age of these
children, is a very serious concern. The parties have reached temporary agreement which
is reflected in the Order attached.
71 P)
Date Melissa Peel Greevy, Esquire '
Custody Conciliator
:232639
JUN 0 7 2004
ANDREW N. MUZA,
Plaintiff
V.
LORI KAY CANFIELD,
Defendant
HESS, J. ---
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4873 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, this _il e?- day of June, 2004, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. This Order VACATES all prior Orders related to the custody of the minor
children: Alexia Noel Muza, born January 2, 2003, and Xavier John Muza, born January 2,
2004.
2. Phvsical Custodv. Mother shall have temporary primary physical custody of
the minor children subject to Father's rights of visitation and partial custody as described in
more detail below:
A. To begin as soon as possible, at a frequency that is the
maximum available through the Harrisburg YWCA Visitation Program, but no
more frequently than four (4) times per week, Father shall have supervised
visitation with the minor children. This will occur for six (6) visits.
B. Father will have partial custody on June 20, 2004 from 12:00
p.m. until 7:00 p.m, at his residence for Father's Day.
C. After six (6) visits have occurred at the YWCA Visitation Program
in Harrisburg, Father shall have partial custody each Tuesday and Thursday
from 4:30 p.m. to 7:30 p.m. and alternating Sundays from 10:30 a.m. to 5:00
P.M.
D. Father's custodial schedule shall be suspended in the event that
he is incarcerated,
3. In light of the existing PFA which permits no contact between the parties,
Father will contact Ginney or Chris to facilitate a neutral exchange of the children for his
periods of unsupervised partial custody.
NO. 03-4873 CIVIL TERM
4. The Cumberland County Court of Common Pleas shall retain jurisdiction of
this matter. The parties shall continue to reside in the jurisdiction of this Court. In the event
that Mother desires to relocate outside of Cumberland County, absent written agreement of
Father, Mother will petition the Court and provide not less than thirty (30) days notice of her
intention to relocate. Nothing in this Order shall be construed as to prevent Mother or
Father from leaving Cumberland County with the children for temporary periods in a fashion
consistent with the terms of the custodial schedule.
5. Father shall sign the appropriate forms to allow the release of confidential
information regarding his chemical dependency evaluation at Gaudenzia and with his
therapist, Harry Weaver. Father shall permit Mr. Weaver to provide a report regarding his
compliance and progress with substance abuse counseling. Counsel shall work
cooperatively for the exchange of this information.
6. The parties will contact Parent Works and enroll in their parenting program
7. For a period of twelve hours before and continuing throughout any period of
supervised visitation or partial custody with the minor child, the parties shall consume no
alcoholic beverages nor possess or use controlled substances whatsoever. The parties shall
likewise ensure, to the extent possible, that the other household members and/or house
guests comply with this prohibition.
8. The Custody Conciliation Conference shall reconvene on July 22, 2004 at
8:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301
Market Street, Lemoyne, PA 17043.
BY THE COURT:
/s/ y" 1-1 Q X"
Kevin A. Hess, J.
Dist: Yvonne M. Husic, Esquire, 2215 Forest Hills Drive, Suite 35, Harrisburg, PA 17112
Jessica Diamondstone, Esquire, 8 Irvine Row, Carlisle, PA 17013
TRUE COPY Mom nErco?IL)
to Testin y wt*r&#, i hope vW sal rtly hame
find the'30 of Said G?gA at GWII3le, Pa.
This l/ jWy L ? -Y
Prothonotalrv
ANDREW N. MUZA,
Plaintiff
V.
LORI KAY CANFIELD,
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4873 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
1. The pertinent information concerning the children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN THE CUSTODY OF
Alexia Noel Muza
Xavier John Muza
January 2, 2003
January 2, 2004
Mother
Mother
2. A Custody Conciliation Conference was held on May 27, 2004 following
Father's April 7, 2004 filing of a Complaint for Custody. A Petition for Special Relief was
filed however relief was denied. Pending disposition in an Order dated April 8, 2004, Judge
Hess referred the matter to conciliation and enjoined the Defendant Mother from removing
the children from the Commonwealth of Pennsylvania and the jurisdiction of this Court.
Father then filed a Motion for Contempt of Court Order dated April 8, 2004. This Motion was
filed on May 4, 2004: Present for the conference were: the Father, Andrew N. Muza, and
his counsel, Yvonne M. Husic, Esquire; the Mother, Lori Kay Canfield, and her counsel,
Jessica Diamondstone, Esquire. For the record, it is noted that there is a no-contact PFA
Order in which the Mother is the protected party. The PFA expires on May 18, 2005 and is
docketed to 03-4200. The children are not protected parties under the terms of the PFA.
3. The parties reached an agreement as to a Temporary Order in the form as
attached.
?/ 1)4 C
419
Date Melia feel Greevy; E uire
Custody Conciliator
:229936
LORI K. CANFIELD,
Plaintiff
V.
ANDREW NORRIS MUZA,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
03-4200 CIVIL TERM
CHARGE: INDIRECT CRIMINAL
CONTEMPT
IN RE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, August 10, 2004, Andrew Norris Muza, having
appeared in open court on a petition alleging the defendant to be
in contempt for violating our prior PFA Order, and the defendant
having admitted he did make prohibited calls on July 26, 2004, in
violation of our Order, we do find the defendant to be in
contempt of court. Having so found, on this third violation,
sentence of the court is that the defendant pay any costs
associated with the filing of this petition and that he undergo
imprisonment in the Cumberland County Prison for a period of not
less than thirty days nor more than six months. We give the
defendant credit for time served on this sentence from his arrest
on July 26, 2004. We direct that he undergo supervision of the
Probation Office and that he undergo a drug and alcohol
evaluation and comply with any recommendations flowing therefrom.
7?: Pl COPY ROM RECD
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L
Pi'othonot
Geoffrey McInroy, Esquire\)
Assistant District Attorney
By the Court,
/Offioffe , P.J.
Yvonne Husic, Esquire
For the Defendant
Jessica Diamondstone, Esquire
MidPenn Legal Services, Inc.
Probation Office
CCP
Victim Services
mtf
LORI K. CANFIELD : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V. :03-4200 CIVIL TERM
: CHARGE: INDIRECT CRIMINAL
ANDREW NORRIS MUSA :CONTEMPT
IN RE: PAROLE
ORDER BY COURT
AND NOW, August 25, 2004, the defendant is placed on parole
from the Cumberland County Prison effective this date at 1:00 p.m.; parole to
be with supervision.
By -he Court,
offer, P.J.
Geoffrey Mclnroy, Esquire
Assistant District Attorney
Yvonne Husic, Esquire
For the Defendant
Jessica Diamondstone, Esquire
MidPenn Legal Services, Inc.
Probation
CCP
Victim Services
VERIFICATION
The above-named PLAINTIFF, Lori K. Canfield, verifies that
the statements made in the above complaint For custody are true
and correct. Plaintiff understands that false statements herein
are made subject to the penalties of 18 Pa. C.S. §4904, relating
to unsworn falsification to authorities.
Date: v
LO' K. Canfie
ANDREW N. MUZA,
Plaintiff/Respondent
vs.
LORI IC CANFIELD,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 03-4873 CIVIL TERM
W CUSTODY
AFFIDAVIT OF SERVICE BY MAIL
I, Jessica Diamondstone, do hereby swear that I served Yvonne Husic, Equire,
with a Petition for Special Relief on `-? 2004 by certified mail, return
receipt, restricted delivery, to the person and address below:
Yvonne Husic, Esquire
2215 Forest Hills Drive
Suite 35
Harrisburg, PA 17112-1099
I, Jessica Diamondstone, verify that the statements made in this Affidavit of
Service are true and correct. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. Section 4904 relating to unswom
authorities.
Date: 911-1101
l..
?. ?
ANDREW N. MUZA
Plaintiff/Respondent
V.
LORI K. CANFIELD
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 03-4873 CIVIL TERM
IN CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Lori Kay Canfield, Defendant/Petitioner, to proceed in forma an uperis.
I, Jessica Diamondstone, attorney for the party proceeding in forma an uperis, certify that
I believe the parry is unable to pay the costs and that I am providing free legal services to the
party.
Grace D'Alo, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
hl
J:?. l
a_'
8. The father of the child is the Plaintiff who resides at the address set out above.
9. The mother of the child is the Defendant who resides at the address set out
above.
10. The Plaintiff is the natural father of the child. Plaintiff currently resides alone
except for the times when the child is with him.
11. The Defendant is the natural mother of the child. The Defendant's living
arrangements are not precisely known to Plaintiff but he believes that she is residing with
one or more of her parents.
12. The Plaintiff has not participated as a party or in any other way in any
litigation concerning the custody of the child in this or any other court.
The Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this or any other jurisdiction.
Plaintiff knows of no other person not a party to this action already who has
physical custody of or claims to have custody or visitation rights to the said child.
The Defendant herein filed a petition under the Pennsylvania Protection from Abuse
Act before this court, to No. 03-4200 Civil Term and an order was entered granting her
temporary custody of the child. Otherwise, Plaintiff is not aware of any litigation
involving the custody of the child.
13. The best interests and permanent welfare of the child will be served by
granting the relief requested by Plaintiff for the following reasons:
A. Plaintiff has been heavily and regularly involved in the child's life
and care since her birth; and
B. Plaintiff believes that he can provide a better and more stable home
for the child than can Defendant; and
C. Plaintiff needs regular and frequent contact with the child to
maintain a good parental relationship; and
D. The Defendant relocated the child away from her home and this
county without approval of the court or without otherwise complying with
the law regarding such relocations.
14. Each parent whose parental rights to the child have not been terminated and
the person who has physical custody of the child have been named as parties to this
action.
WHEREFORE, Plaintiff prays this court to award him shared legal and physical
custody of the child, Alexia Noel Muza.
SS des
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12`h Street
Lemoyne, Pa 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I
understand that any false statements in this document are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
Date: _s6> 0
ANDREW N. MUZA
0--?-7
R
ANDREW N. MUZA IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 03-4873 CIVIL ACTION LAW
LORI K. CANFIELD IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Monday September 22, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before _ Melissa P. Greevy, Esq. the conciliator,
at 301 Market Street Lemoyne, PA 17043 on Monday, October 27, 2003 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Melissa P. Greevy F.sa
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
Jc+
U 1 : ,r
i 12003
ANDREW N. MUZA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4873 CIVIL TERM
V.
LORI K. CANFIELD,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
ORDER TO RELINQUISH JURISDICTION
AND NOW, this 25`h day of November, 2003, the counsel for parties having requested a thirty
(30) day continuance on October 23, 2003, and the Conciliator having received no further request
for the Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above
captioned matter.
FOR THE yCQ?t?T: l
BY: (?
'eel Greevy, Esquire I
Conciliator
:221388
a2 2E Old i - ?3? EO
ANDREW N. MUZA, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
V. NO.
CIVIL ACTION - LAW
LORI KAY CANFIELD ,
Defendant : CUSTODY
CORGI AINT FOR CUSTODY
AND NOW, comes the Plaintiff, ANDREW N. MUZA, by his attorney, Yvonne M. Husic,
Esquire, and files the following Complaint for Custody, and presents as follows:
1. The Plaintiff is ANDREW N. MUZA, sui juris, temporarily residing at 513 Spring
House Lane, Camp Hill, Cumberland County, Pennsylvania 17011.
2. The Defendant is LORI KAY CANFIELD, sui juris, who resides in Plaintiffs solely-
owned home at 17 Sussex Road, Cumberland County, Pennsylvania 17011.
3. Plaintiff seeks full physical and legal custody of the following children:
ALEXIA NOEL MUZA 14 months DOB: January 2, 2003
XAVIER JOHN MUZA 4 months DOB: January 2, 2004
4. Both children are presently in the custody of and reside with the Defendant
Mother at 17 Sussex Road, Camp Hill, Cumberland County, Pennsylvania
17011.
5. Plaintiff is the natural father of Alexia Noel Muza, age 14 months and Xavier John
Muza, age 4 months.
6. Defendant is the natural mother of of Alexia Noel Muza, age 14 months and Xavier
John Muza, age 4 months.
7. Plaintiff and Defendant are not married.
8. On or about March 5, 2004, Defendant contacted the local police to have Plaintiff
evicted from his home at 17 Sussex Road, Camp Hill, and Cumberland County, PA
17011 pursuant to a Protection From Abuse Order that was issued in November 18,
2003.
9. In spite of the Protection from Abuse order, Defendant lived with Plaintiff in his
solely-owned home at 17 Sussex Road.
10. Defendant has unstable employment and falsifies information to the county and the
State to rely upon subsidies from the "WIC" program for food in spite of being
supported in total by Plaintiff.
11. Defendant continues to display irrational, erratic and unpredictable behavior and
has threatened to relocate out of the area with the children.
12. Defendant presently leaves the area on the weekends, with her paramour, with the
parties' minor children and without the knowledge and consent of plaintiff.
13. Defendant is in need of a psychiatric and psychological examination, anger/stress
management and parenting classes.
14. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
15. Plaintiff has no information of a custody proceeding concerning the child pending
in a court of this Commonwealth.
16. Plaintiff does not know of a person not a party to the proceeding who has physical
custody of the children or claims to have custody or visitation rights with respect to
the children.
17. The best interest and permanent welfare of the children, Alexia Noel Muza, age 14
months and Xavier John Muza, age 4 months, will be served by granting the relief
requested because the Defendant mother has demonstrated and continues to
demonstrate significant instability, mood swings, and abuses the court system in
order to evict Plaintiff from him home and intentionally estrange and alienate
Plaintiff from his children.
18. The best interest and permanent welfare of the children, Alexia Noel Muza, 14
months, and Xavier John Muza, 4 months, will be served by granting full physical
and legal custody of the children to the Plaintiff father as he is able to provide a
stable and dependable home-life, including the children's extended family as
babysitters, and can provide for the basic daily living needs of his children.
19. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the children have been named as parties to this
action.
WHEREFORE, Plaintiff requests the court to grant Plaintiff sole physical and legal
custody of the children.
Respectfully submitted,
HUSIC LAW OFFICE
71 By: nne M. Husic, Esquire
orney ID# 74444
215 Forest Hills Drive, Suite 35
Harrisburg, PA 17112
(717) 236-4282
Attorney for Plaintiff
ANDREW N. MUZA,
Plaintiff/Petitioner
VS.
LORI KAY CANFIELD
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - CUSTODY
VERIFICATION
I verify that the statements contained in the attached Complaint for Custody are true and
correct to the best of my knowledge, information and belief. I understand that false statements
contained herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn
falsification to authorities.
Dated:
ANDREW N. MUZA
ANDREW N. MUZA : IN THE COURT OF COMMON PLEAS
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO.
LORI KAY CANFIELD
Defendant/Respondent : CIVIL ACTION - CUSTODY
CERTIFICATE OF SERVICE
1, Yvonne M. Husic, Esquire, hereby certify that on this day, the 7th day of April 2004,
that I deposited by first class mail a true and correct copy of the EMERGENCY PETITION FOR
SPECIAL RELIEF to the following address:
Lori Kay Canfield
17 Sussex Road
Camp Hill, FA 17011
And
Lori Kay Canfield
c/o Fumante Wireless Solutions
104 C Trindle Road
Carlisle, PA 17013
HUSIC LAW OFFICE
B . U-t -
vonne M. Husic, Esquire
ttorney ID # 74444
2215 Forest Hills Drive, Suite 35
Harrisburg, PA 17112
(717) 236-4282
(717) 236-1323 (fax)
ATTORNEY FOR PETITIONER
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ANDREW N. MUZA,
Plaintiff
VS.
LORI KAY CANFIELD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-4873 CIVIL
CIVIL ACTION - LAW
CUSTODY
IN RE: PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF
ORDER
AND NOW, this day of April, 2004, following consideration thereof, the
emergency petition for special relief of the plaintiff is DENIED. This matter is again assigned to
conciliation.
Pending further disposition of this matter, the defendant is enjoined from removing the
children from the Commonwealth of Pennsylvania and the jurisdiction of this court.
BY THE COURT,
l• ? Fes""
// Kev' A. Hess, J.
?Yvonne M. Husic, Esquire
For the Plaintiff /m a P)
V,ori Kay Canfield, Pro Se
Defendant
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ANDREW N. MUZA : IN THE COURT OF COMMON PLEAS
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
VS. /}
: NO. (?,-# i
LORI KAY CANFIELD
Defendant/Respondent CIVIL ACTION- CUSTODY
EMERGENCY PETITION FOR SPECIAL RELIEF
NOW COMES, Plaintiff/Petitioner, ANDREW N. MUZA, by and through his
attorney, Yvonne M. Husic, Esquire, and respectfully petitions for entry of a Order
granting special relief in the form of the following: 1)temporary physical and joint legal
custody of his minor children, ALEXIA NOEL MUZA, age 14 months and XAVIER
JOHN MUZA, age 4 months, for the Easter Holiday, commencing Friday, April 9, 2004
at 5:00 p.m. until Sunday, April 11, 2004, at 7:00 p.m.; and 2) order prohibiting
Defendant mother from leaving the Camp Hill area, pending a custody conciliation
and/or hearing regarding custody of the children, and in support thereof, avers the
following:
1. Plaintiff/Petitioner, ANDREW N. MUZA, is the natural father of ALEXIA NOEL
MUZA, born January 2, 2003, now age 14 months, and XAVIER JOHN MUZA,
born January 2, 2004, now age 4 months.
2. Defendant/Respondent, LORI KAY CANFIELD, is the natural mother of ALEXIA
NOEL MUZA and XAVIER JOHN MUZA, and resides at Plaintiff's-owned
residence at 17 Sussex Road, Camp Hill, Cumberland County, PA 17011.
3. Plaintiff Andrew N. Muza and Defendant Lori Kay Canfield are not married.
4. Until about March 5, 2004, Plaintiff resided in his solely-owned home at 17 Sussex
Road, Camp Hill, Cumberland County, PA 17011, along with the Defendant and
their two (2) minor children, until Defendant had Plaintiff evicted from his own home
pursuant to a November 18, 2003, "Protection from Abuse" (PFA) Order. [Attached
hereto and incorporated herein, marked as Exhibit "A"].
5. Plaintiff currently resides temporarily with his parents, RICHARD and CATHERINE
MUZA, and his grandfather, JOHN MUZA, at 513 Spring House Lane, Camp Hill,
and Cumberland County, PA 17011, until such time that Defendant finds alternate
living arrangements and Plaintiff can move back to him home.
6. Both minor children presently reside with the Defendant Mother at 17 Sussex Road,
Camp Hill, Cumberland County, PA 17011, the Plaintiffs residence which he owns
exclusively.
7. The only custody Order in place addressing periods of custody and/or visitation is a
"Protection from Abuse" Final Order dated November 18, 2003, which permits the
Plaintiff and Defendant to `agree' upon custody. A copy of the PFA is attached
hereto and marked as Exhibit "A".
8. Since Defendant has had Plaintiff evicted from his home on or about March 5, 2004,
(further action pending) Defendant has refused and continues to refuse to allow
and/or agree on any periods of visitation or custody with the Plaintiff Father.
9. Defendant has threatened to relocate herself and the minor children out-of-state
without Plaintiff s permission or knowledge.
10. Since Plaintiff is barred from contacting Defendant, no arrangements for the minor
children to spend time with their father and his extended family over the Easter
Holiday have been made.
11. Plaintiff believes and therefore avers that based upon reasonable knowledge and
belief, the Defendant has traveled out of the area on weekends with the parties minor
children, accompanied by her paramour, and will do so again for the Easter holiday.
12. Plaintiffs extended family will be visiting the 513 Spring House Lane residence for
the religious holiday and desires to spend Easter with their grandchildren and great
grandchildren, respectively.
13. Father seeks the Court's intervention for the purposes of issuing emergency relief in
the form of temporary custody over the Easter Holiday, and to prevent Defendant
from relocating away from the Camp Hill area for the following reasons:
a) Plaintiff has not had any periods of custody with the children since the
eviction occurring on or about March 5, 2004;
b) Defendant did not seek protective status on behalf of the minor
children.
c) Defendant not only threatened, but has physically removed the parties'
minor children from the Camp Hill area without notification or
permission of the Father.
d) Plaintiff fears that Defendant may permanently relocate outside the
Camp Hill area, Defendant and the children's whereabouts unknown
and kept secret from Plaintiff.
WHEREFORE, Father, Plaintiff/Petitioner respectfully requests that this
Honorable Court issue an Emergency Order granting Father custody for the Easter
Holiday and an Order prohibiting the Defendant from relocating away from the Camp
Hill area, pending a conciliation and/or hearing or further Order of this Court.
Respectfully submitted:
HUSIC LAW OFFICE
Dated: ? n U-1- 7 02-m , /
1 onne M. Husic, Esquire
orney ID 74444
2215 Forest Hills Drive, Suite 35
Harrisburg, PA 17112
(717) 2:36-4282
(717) 2:36-1323 (fax)
ATTORNEY FOR PETITIONER
ANDREW N. MUZA,
Plaintiff/Petitioner
VS.
LORI KAY CANFIELD
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - CUSTODY
VERIFICATION
I verify that the statements contained in the attached EMERGENCY PETITION
FOR SPECIAL RELIEF are true and correct to the best of my knowledge, information
and belief. I understand that false statements contained herein are made subject to the
penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities.
7y?
Dated: (?` / f 7 c
NDREW N. MUZA
ANDREW N. MUZA
Plaintiff/Petitioner
vs.
LORI KAY CANFIELD
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - CUSTODY
CERTIFICATE OF SERVICE
I, Yvonne M. Husic, Esquire, hereby certify that on this day, the 7a' day of April
2004, that I deposited by first class mail a true and correct copy of the EMERGENCY
PETITION FOR SPECIAL RELIEF to the following address:
Lori Kay Canfield
17 Sussex Road
Camp Hill, PA 17011
And
Lori Kay Canfield
c/o Fumante Wireless Solutions
104 C Trindle Road
Carlisle, PA 17013
HUSK LAW OFFICE
By:
Y anne M. Husic, Esquire
?A orney ID # 74444
1.5 Forest Hills Drive, Suite 35
Harrisburg, PA 17112
(717) 236-4282
(717) 236-1323 (fax)
ATTORNEY FOR PETITIONER
I FILED
NOV 25, 2003 12:08 PM
Lori Kay Canfield,
Plaintiff
V.
Andrew Norris Muza,
Defendant
IN THI3 COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
:PENNSYLVANIA
: No. 03-4200
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name: Andrew Norris Muza
Defendant's Date of Birth: May 2, 1976
Defendant's Social Security Number: 161-68-4482
Names and Dates of Birth of All Protected Persons, including Plaintiff and minor
children:
Names Dates of Birth
Lori Kay Canfield September 10, 1972
Plaintiff or Protected Person(s) is/are:
[ ] spouse or former spouse of Defendant
[X] parent of a common child with Defendant
[X] current or former sexual or intimate partner with Defendant
[ ] child of Plaintiff
[ ] child of Defendant
[ ] family member related by blood (consanguinity) to Defendant
[ ] family member related by marriage or affinity to Defendant
[ ] sibling (person who shares biological parenthood) of Defendant
[X] current or former cohabitant (person who lives with) Defendant.
Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice
of the time, date and location of the hearing scheduled in this matter.
AND NOW, this 18th Day of November, 2003 the court having jurisdiction over
the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED
as follows:
Pursuant to consent of the parties, which does not constitute Defendant's
admission to the averments of abuse in the petition, the following order will be
entered:
Plaintiffs request for a final protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical
force that would reasonably be expected to cause bodily injury to the Plaintiff or
any other protected person in any place where they might be found.
2. Custody of the following minor children:
1. Alexia Noel Muza
shall be as follows:
. As agreed upon by the parties.
3. The following additional relief is granted as authorized by §6108 of the Act:
- Defendant shall not abuse, harass, stalk or threaten the Plaintiff, Lori
Kay Canfield, in any place where she may be found.
-The Sheriff is hereby directed to return to the defendant any firearms that
were seized or surrendered as a result of the Temporary Protection From
Abuse order.
4. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Lower Allen Township Police Department
5. THIS ORDER SUPERSEDES:
1. ANY PRIOR PFA ORDER
6. All provisions of this order shall expire on: May 18, 2005
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE
BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTIENCE OF UP TO SIX
MONTHS. 23 PA.C.S. §6114. VIOLATION MAY ALSO SUBJECT YOU TO
PROSECUTION AND CRIMINAL PENALTIES UNDER THE
PENNSYLVANIA CRIMES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE
DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE
COMMONWEALTH OF PUERTO RICO UNDER THE. VIOLENCE AGAINST
WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE
AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT
TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C
§§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION
WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A
FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT
EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR
AMMUNITION. 18 U.S.C. §922(g)(8).
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintiffs residence OR any location
where a violation of this order occurs OR where the defendant may be located,
shall enforce this order. An arrest for violation of Paragraphs 1 through 2 of this
order may be without warrant, based solely on probable cause, whether or not the
violation is committed in the presence of the police. 23 Pa.C.S. §6113.
Subsequent to arrest, the police officer shall seize all weapons used or threatened
to be used during the violation of the protection order or during prior incidents of
abuse. The Cumberland County Sheriffs Office shall maintain possession of the
weapons until further order of this Court.
When the defendant is placed under arrest for violation of this order, the defendant
shall be taken to the appropriate authority or authorities before whom defendant is
to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be
completed and signed by the police officer OR the plaintiff. Plaintiffs presence
and signature are not required to file the complaint.
If sufficient grounds for violation of this order are alleged, the defendant shall be
arraigned, bond set and both parties given notice of the date of the hearing.
BY THE COURT:
Kevin A. Hess
Date
Entered pursuant to the consent of plaintiff and defendant:
Plaintiffs Signature Defendant's Signature
Distribution to:
Legal Services
Faxed & Mailed to PSP
IlThis verifies that the above document is on file with the Cumberland county office of the Prothonotarv.11
Lori Kay Canfield,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
:PENNSYLVANIA
V.
Andrew Norris Muza,
Defendant
No. 03••4200
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Andrew Norris Muza
Defendant's Date of Birth is: May 2, 1976
Defendant's Social Security Number is: 161-68-4482
Name(s) of All protected persons, including Plaintiff and minor children:
1. Lori Kay Canfield
AND NOW, on 26th Day of August, 2003 upon consideration of the attached
Petition for Protection from Abuse, the court hereby enters the following Temporary
Order:
Plaintiffs request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they might be found.
2. Except for such contact with the minor child/ren as may be permitted under
paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT
with Plaintiff, or any other person protected under this Order, at any location,
including but not limited to any contact at Plaintiffs school, business, or place of
employment.
3. Except for such contact with the minor child/ren as may be permitted under
paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other
person protected under this Order, by telephone or by any other means, including
through third persons.
4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded
temporary custody of the following minor child/ren:
1. Alexia Noel Muza
Until the final hearing, all contact between Defendant and the child/ren shall be
limited to the following:
Defendant shall have periods of supervised visitation with a supervisor
agreed upon by the parties and at times and places agreed upon by the
parties.
The local law enforcement agency in the jurisdiction where the child/ren are
located shall ensure that the child/ren are placed in the care and control of the
Plaintiff in accordance with the terms of this Order.
5. Defendant shall immediately relinquish any firearms license the Defendant may
possess, and the following weapons to the Sheriffs Office or a designated local
law enforcement agency for delivery to the Sheriffs Office.
Defendant is prohibited from possessing, transferring or acquiring any other
firearms license or weapons for the duration of this order.
6. The following additional relief is granted:
- Defendant is prohibited from having any contact with Plaintiffs relatives
and Plaintiffs children listed in this petition, except as the court may find
necessary with respect to partial custody and/or visitation with the minor
child.
- Non-threatening, non-harassing contact between the parties regarding
visitation with the parties' child, shall not be considered a violation of this
order.
- Defendant shall not damage or destroy any property owned jointly by the
parties or solely by the Plaintiff.
7. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Lower Allen Township Police Department
8. The sheriff, police or other law enforcement agencies are directed to serve the
Defendant with a copy of the Petition, any Order issued, and the Order for
Hearing without prepayment of costs. The Petitioner will inform the designated
authority of any addresses, other than the Defendant's residence, where Defendant
can be served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL FEBRUARY 26,2005; OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for
indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or
up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's
return to the residence shall not invalidate this Order, which can only be changed or
modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.
§6113. Defendant is further notified that violation of this Order may subject him/her
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 U.S.C. §§2261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiffs
residence OR any location where a violation of this order occurs OR where the
defendant may be located. If defendant violates Paragraphs I through 5 of this
Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An
arrest for violation of this Order may be made without warrant,"based solely on
probable cause, whether or not the violation is committed. in the presence of law
enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of
abuse. Weapons must forthwith be delivered to the Sheriff's office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weapon/s are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
BY THE COURT:
Kevin A. Hess
Date
Distribution to:
MidPenn Legal Services
Faxed & Mailed to PSP
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ANDREW N. MUZA,
Plaintiff
VS.
LORI KAY CANFIELD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4873
CIVIL ACTION - LAW
CUSTODY
PRAECIPE FOR ENTRY OF APPEARANCE
To Curtis R. Long, Prothonotary:
Please enter my appearance on behalf of the defendant, Lori Kay Canfield, in the above
captioned case.
Respectfully submitted,
Jess unondstone, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Date: 2 U
ANDREW N. MUZA, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 03-4873
CIVIL ACTION -LAW
LORI KAY CANFIELD,
Defendant CUSTODY
CERTIFICATE OF SERVICE
I, Jessica Diamondstone, Esquire, of MidPenn Legal Services, attorney for the Defendant,
Lori Kay Canfield, hereby certify that I have served a copy of the foregoing PRAECIPE FOR
ENTRY OF APPEARANCE on the following date and in the manner indicated below:
U.S. First Class Mail Postage Pre-Paid
Yvonne M. Husic, Esquire
Husic Law Office
2215 Forest Hills Drive, Suite 35
Harrisburg, PA 17112-1099
Date: V/ L U `/
MidPenn Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
JesJes i mondstone, Esquire
MidPenn Legal Services
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ANDREW N. MUZA IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 03-4873 CIVIL ACTION LAW
LORI KAY CANFIELD IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Friday April 16, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator,
at 301 Market Street Lemoyne PA 17043 on Thursday, May 20, 2004 at 1:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Melissa P GreevG w mhc
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 A'17FORNEY 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
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ANDREW N. MUZA, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
V. : NO. 03-4873
LORI K. CANFIELD : CIVIL ACTION - LAW
Defendant : CUSTODY
MOTION FOR CONTEMPT
OF COURT ORDER DATED APRILS, 2004
AND NOW, comes the Plaintiff, ANDREW N. MUZA, by and through his attorney,
Yvonne M. Husic, Esquire, and files the following Motion for Contempt against Defendant for
violation of the Order of Court dated April 8, 2004, and presents as follows:
1. The Plaintiff is ANDREW N. MUZA, sui juris, with his primary residence at 17
Sussex Road, Camp Hill, Cumberland County, Pennsylvania 17011; however,
Plaintiff is presently incarcerated in Cumberland County Prison.
2. The Defendant is LORI KAY CANFIELD, sui juris, whose residence is currently
unknown to Plaintiff. The only known address for Defendant is her employment at
Fumante Wireless Solutions, 104 "C" Trindle Road, Carlisle, Cumberland County,
Pennsylvania 17011.
3. Plaintiff and Defendant are not married.
4. The parties have two (2) minor children:
ALEXIA NOEL MUZA 14 months DOB: January 2, 2003
XAVIER JOHN MUZA 4 months DOB: January 2, 2004
5. Plaintiff is the natural father of Alexia Noel Muza., age 14 months and Xavier John
Muza, age 4 months.
6. Defendant is the natural mother of Alexia Noel Muza, age 14 months and Xavier
John Muza, age 4 months.
7. Both children reside with the Defendant at a location which is has not been
disclosed to Plaintiff and has not been provided to Plaintiffs counsel despite having
made two (2) requests to Defendant's lawyer. (See Exhibit "A", attached hereto and
incorporated herein).
8. Since March 5, 2004, when Defendant reported Plaintiff to the police for an alleged
violation of a Protection from Abuse Order dated November 25, 2003, Defendant
continually threatened to take the parties minor children out-of-state so that the
Plaintiff Father would "never see them again."
9. On or about April 8, 2004, Plaintiff filed a "Motion for Special Relief and
injunction" seeking, inter alia, an order from the court enjoining the Defendant
Mother from removing the children from Cumberland County.
10. Plaintiffs motion for special relief enjoining Defendant from taking the children
"out of the Commonwealth of Pennsylvania and the jurisdiction of this court" was
granted by the court, the Honorable Kevin Hess, on April 8, 2004. [Emphasis
added]. (SEE Exhibit "B", attached hereto and incorporated herein).
11. On or about April 18, 2004, Defendant took the parties youngest child, Xavier, to
Harrisburg Hospital - Dauphin County, where he remained for five (5) days as a
result of severe dehydration.
2
12. Defendant admitted to her attorney that she also traveled to Luzerne County several
times since the effective date of the order (April 8, 2004) enjoining Defendant from
leaving the jurisdiction of the court.
13. Defendant has since relocated and has not provided Plaintiff with a current address
and telephone number, in spite of two (2) requests being made by Plaintiff's counsel
to Defendant's counsel. (SEE Exhibit "A", attached hereto and incorporated herein).
14. Defendant does not know where his children are living, or if his children are even
living in the Commonwealth of Pennsylvania.
15. Defendant continues to threaten Plaintiff that she will move the children out of state
so he will "never see them again."
16. Defendant stated that she can do "whatever she wants to do with the children" and
refuses to abide by the April 8, 2004, court order.
17. Plaintiff believes and therefore avers that the Defendant Mother is not capable of
caring for the parties young children, cannot provide a stable residence, fails to
provide for the health, safety and well-being of the children, as evidence by Xavier's
extreme dehydration requiring emergency care and 5 days of hospitalization.
18. Defendant has no medical insurance for the children.
WHEREFORE, the Plaintiffs respectfully requests the following relief from your
Honorable court is granted as follows:
1. Remove the children from the physical custody of the Defendant Mother and
place the children with the paternal grandparents or alternatively, into
foster care until such time that the Defendant can demonstrate and provide
3
a stable home, financial security, appropriate day care, and completes
parenting and anger management classes;
2. Fine Defendant for each day the children were taken out of the jurisdiction
of the court.
3. Order Defendant to immediately provide! to Plaintiff and his attorney a
current residence and telephone number for the children.
4. Order Defendant to immediately provide to Plaintiff the name and location
of day care providers.
5. Order Defendant to reimburse Plaintiff's attorney's fees for filing the motion
for contempt in the amount of $650.00 plus additional time at a rate of $175
per hour for a hearing in this matter.
6. Any other relief the court deems appropriate.
Respectfully submitted,
HUSIC LAW OFFICE
By: b1LM?'
Yvonne M. Husic, Esquire
PA Atty. ID# 74444
22:15 Forest Hills Drive
Suite 35
Harrisburg, PA 17112-1099
(717) 236-4282
(717) 236-1323 Fax
Attorney for Defendant/Petitioner
Dated: S s 0
4
ANDREW N. MUZA, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
V. : NO. 03-4873
LORI K. CANFIELD : CIVIL ACTION - LAW
Defendant : CUSTODY
ATTORNEY VERIFICATION
I, Yvonne M. Husic, Esquire, hereby swear and affirm that the facts contained in the
forgoing Motion for Contempt are true and correct to the best of my knowledge, information,
and belief based upon information provided by Plaintiff, Andrew M. Muza, and from my own
first-hand knowledge and that said facts are made subject to the penalties off 18 Pa. C.S. §
4904 relating to unsworn falsification to authorities. Plaintiff is presently incarcerated in
Cumberland County Prison such that his verification cannot be timely obtained.
Dated: Ma*!5 :2004t
Vonne M. Husic, Esquire
5
ANDREW N. MUZA : IN THE COURT OF COMMON PLEAS
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 03-4873
LORI KAY CANFIELD
Defendant/ Respondent CIVIL ACTION - CUSTODY
CERTIFICATE OF SERVIC'E
I, Yvonne M. Husic, Esquire, hereby certify that on this day, the 3RD day of May 2004,
which I deposited by first class mail a true and correct copy of the MOTION FOR CONTEMPT
to the following address:
Lori Kay Canfield
c/o Fumante Wireless Solutions
104 C Trindle Road
Carlisle, PA 17013
And
Jessica Diamondstone, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
And
Geoff McInroy, Esquire
Office of the District Attorney
Cumberland County
1 Courthouse Square
Carlisle, PA 17013
HUSIC LAW OFFICE
/7 3,y B
nne M. Husic, Esquire
ttorney ID # 74444
2215 Forest Hills Drive, Suite 35
Harrisburg, PA 17112
(717) 236-4282
(717) 236-1323 (fax)
ATTORNEY FOR PETITIONER
6
? L... E
HUSIC LAW OFFICE
2215 Forest Hills Drive - Suite 35
Harrisburg, PA 17112-1099
Yvonne M. Husic
27, 2004
Via fax to 243-8026 & ist Class Mail
Jessica Diamondstone, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
RE: Muza v. Canfield
No. 03-4873 Civil-Custody
Dear Ms. Diamondstone:
Phone(717)276-4282
Thank you for the written confirmation of the verbal agreement we
reached on Friday, April 16, 2004, regarding the complete relocation of
your client, Lori Canfield from Mr. Muza's residence at 17 Sussex Road, no
later than Sunday, April 18, 2004, at 5:00 P.M.
However, I respectfully disagree that Ms. Canfield's continued return
to Mr. Muza's residence after Sunday, April 18, 2004, was sanctioned by
Mr. Muza. Further, I must also note that the hospitalization of Xavier (out
of the jurisdiction of the Court and in violation of Judge Hess's Order dated
April 8, 2004) on Sunday, April 25, 2004, bears absolutely no correlation to
Ms. Canfield's violation of our agreement reached on April 16, 2004, with
the consent of Ms. Canfield to be completely moved out of Mr. Muza's
residence on Sunday, April 18, 2004, at 5:00 p.m. Since Xavier's
hospitalization was exactly days afte the date which Ms. Canfield was
expected to be completely moved out of the home, we can only conclude
Jessica Diamondstone, Esquire
April 27, 2004
Page 2
that she violated the agreement, illegally broke and entered Mr. Muza's
home, and was a trespasser on his property. Unfortunately, it appears that
Ms. Canfield once again misrepresented the truth.
Please provide me with a current home address and telephone
number for Ms. Canfield, as I understand that your involvement is limited
to the custody matter only. However, in light of Ms. Canfield's willful and
spiteful violation of Judge Hess's order by taking Xavier to Harrisburg
Hospital and trips taken to her parent's home with the children, please note
that we are filing a contempt petition. Ms. Canfield continues to threaten
Mr. Muza that she will take the children out-of-state, despite the order of
court. Therefore, as my client and his family have no trust in Ms.Canfield's
actions to comply with the court order, please notify her that a motion for
contempt is forthcoming, and we will be seeking reimbursement of
attorney's fees and costs associated with filing the emergency petition and
the contempt petition.
As to other matters relating to housing costs, items removed from Mr.
Muza's home, you are correct that he is unwilling to proceed to mediation
to resolve these issues. Unless Ms. Canfield decides to immediately pay for
the rent and utilities for remaining in Mr. Muza's home, she can expect
further litigation for which she will need to retain counsel.
On a final note, please inform Ms. Canfield that until the modified
PFA is filed, this is formal notice for her to cease and desist from
any and all contact with Andrew his nccrents. Richard and
Cathy Muza. Fran Muza and Jeanine Kuhn,and other members
of the Muza family including personal vi ots, telephone calls,
mail and emails. Quite frankly, I find this case to be extremely bizarre
that on one hand, your client continues to call my client, and then report
Jessica Diamondstone, Esquire
April 27, 2004
Page 3
him and Andrew's step-mother to the police, and on the other hand, turns
around and sends Andrew's family email pictures of the children as if
everything is copasetic. Once again, my client sits in jail as a result of an
argument between the parties from a call that your client initiated.
Please send me Ms. Canfield's current home address, telephone
number so that I can contact her on matters other than the custody
situation.
Thank you for your prompt reply to my request.
Very truly yours,
4tit
Yvonne M. Husic
Cc: Andrew Muza
HUSIC LAW OFFICE
Northwood Office Center
2215 Forest Hills Drive - Suite 35
Harrisburg, PA 17112
Yvonne M. Husic
ymhusic@aol.com
FAX
PLEASE DELIVER THE FOLLOWING PAGE(S) TO:
Name:-7?'S` IC 1>t;tlLi (;? t` Tt?l1C t '
Fax Number: t(
From: Yvonne M. Husic, Esquire
Re: jt f bh /7YA' L. c k "( 6'."=1A ' f: i 6 Z U
Phone: (717)236-4282
Fax: (717)236-1323
DATE: Lt " 1 `6 !
Total Number of Pages I_ (including cover page)
F a-,
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*******************CONFIDENTIALITY NOTICE'****************
The information and documents contained in and accompanying this transmission contains information from the HUSIC LAW
OFFICE, which is confidential and/or legally privileged. The information is intended solely for the use of the designated
recipients and/or individuals or entity named on this telecommunication letter. U you are not the designated recipient, you are
hereby notified that any disclosure, copying, distribution, transmission or taking of any action in reliance on the contents of this
information is prohibited. U you have received this tax transmission in error, please notify me by telephone immediately so
that we may re-fax it to the proper destination and return the original message to me, without copying, by mail. The fax
machine is in operation 24 hours. THANK YOUI
HUSIC LAW OFFICE
2215 Forest Hills Drive - Suite 35
Harrisburg, PA 17112-1099
Yvonne M. Husic Phone (717) 2364282
ymhusic@aol.com Fax (717) 236.1323
April 30, 2004
Via fax to 243-8026 & iat Class Mail
Jessica Diamondstone, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
RE: Muza v. Canfield - 2nd Request for Information
No. 03-4873 Civil-Custody
Dear Ms. Diamondstone:
Would you please provide me with the :home address, telephone
numbers and telephone carrier for Lori Canfield? First, Alexia and Xavier's
father has a right to know where his children are living. Second, in order to
contact Ms. Canfield about additional matters being filed to ensure that she
is afforded due process of the law, I must make sure to contact her. While I
have a work address, I can continue to have Ms. Canfield served by sheriff
at her work site if she prefers this, otherwise, please respond to my second
request for this information. If necessary, I will resort to obtaining this
information pursuant to a court order, and will include attorney's fees and
costs in my petition.
Also, please inform Ms. Canfield that she is forbidden to enter the
residence at 17 Sussex Drive.
Very truly yours,
/,r
Yvonne M. Husic
ANDREW N. MUZA,
Plaintiff
VS.
LORI KAY CANFIELD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-4873 CIVIL
CIVIL ACTION - LAW
CUSTODY
IN RE: PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF
ORDER
AND NOW, this F day of April, 2004, following consideration thereof, the
emergency petition for special relief of the plaintiff is DENIED. This matter is again assigned to
conciliation.
Pending further disposition of this matter, the defendant is enjoined from removing the
children from the Commonwealth of Pennsylvania and thejurisdiction of this court.
BY THE COURT,
Yvonne K Husic, Esquire
For the Plaintiff
Lori Kay Canfield, Pro Se
Defendant
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Kev' ' A. Hess, J.
TWE Co 110M RECD D
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Inhhe sral of sai Court ; jarlisle, Pa.
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ANDREW N. MUZA IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V. 03-4873 CIVIL ACTION LAW
LORI KAY CANFIELD IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Wednesday May 12, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator,
at 301 Market Street Lemoyne PA 17043 on Thursday, May 27, 2004 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Melissa P reev^y EW 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 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
4J
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301 G3?11
JUNX7 2004
ANDREW N. MUZA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4873 CIVIL TERM
V.
CIVIL ACTION - LAW
LORI KAY CANFIELD,
Defendant
HESS, J. ---
IN CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, this // ? day of June, 2004, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. This Order VACATES all prior Orders related to the custody of the minor
children: Alexia Noel Muza, born January 2, 2003, and Xavier John Muza, born January 2,
2004.
2. Physical Custody. Mother shall have temporary primary physical custody of
the minor children subject to Father's rights of visitation and partial custody as described in
more detail below:
A. To begin as soon as possible, at a frequency that is the
maximum available through the Harrisburg YWCA, Visitation Program, but no
more frequently than four (4) times per week, Father shall have supervised
visitation with the minor children. This will occur for six (6) visits.
B. Father will have partial custody on June 20, 2004 from 12:00
p.m. until 7:00 p.m. at his residence for Father's Day.
C. After six (6) visits have occurred at the YWCA Visitation Program
in Harrisburg, Father shall have partial custody each Tuesday and Thursday
from 4:30 p.m. to 7:30 p.m. and alternating Sundays from 10:30 a.m. to 5:00
p.m.
D. Father's custodial schedule shall be suspended in the event that
he is incarcerated.
3. In light of the existing PFA which permits no contact between the parties,
Father will contact Ginney or Chris to facilitate a neutral exchange of the children for his
periods of unsupervised partial custody.
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NO. 03-4873 CIVIL TERM
4. The Cumberland County Court of Common Pleas shall retain jurisdiction of
this matter. The parties shall continue to reside in the jurisdiction of this Court. In the event
that Mother desires to relocate outside of Cumberland County, absent written agreement of
Father, Mother will petition the Court and provide not less than thirty (30) days notice of her
intention to relocate. Nothing in this Order shall be construed as to prevent Mother or
Father from leaving Cumberland County with the children for temporary periods in a fashion
consistent with the terms of the custodial schedule.
5. Father shall sign the appropriate forms to allow the release of confidential
information regarding his chemical dependency evaluation at Gaudenzia and with his
therapist, Harry Weaver. Father shall permit Mr. Weaver to provide a report regarding his
compliance and progress with substance abuse counseling. Counsel shall work
cooperatively for the exchange of this information.
6. The parties will contact Parent Works and enroll in their parenting program.
7. For a period of twelve hours before and continuing throughout any period of
supervised visitation or partial custody with the minor child, the parties shall consume no
alcoholic beverages nor possess or use controlled substances whatsoever. The parties shall
likewise ensure, to the extent possible, that the other household members and/or house
guests comply with this prohibition.
8. The Custody Conciliation Conference shall reconvene on July 22, 2004 at
8:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301
Market Street, Lemoyne, PA 17043.
BY THE COURT:
n A. Hess, J.
Dist: Yvonne M. Husic, Esquire, 2215 Forest Hills Drive?buite 35, Harrisburg, PA 17112 ,,a 6 -/9P d
Jessica Diamondstone, Esquire, 8 Irvine Row, Carlisle, PA 17013 xla- "
JUN 0 7 2004
ANDREW N. MUZA,
Plaintiff
V.
LORI KAY CANFIELD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4873 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the children who are the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF
Alexia Noel Muza January 2, 2003 Mother
Xavier John Muza January 2, 2004 Mother
2. A Custody Conciliation Conference was held on May 27, 2004 following
Father's April 7, 2004 filing of a Complaint for Custody. A Petition for Special Relief was
filed however relief was denied. Pending disposition in an Order dated April 8, 2004, Judge
Hess referred the matter to conciliation and enjoined the Defendant Mother from removing
the children from the Commonwealth of Pennsylvania and the jurisdiction of this Court.
Father then filed a Motion for Contempt of Court Order dated April 8, 2004. This Motion was
filed on May 4, 2004. Present for the conference were, the Father, Andrew N. Muza, and
his counsel, Yvonne M. Husic, Esquire; the Mother, Lori Kay Canfield, and her counsel,
Jessica Diamondstone, Esquire. For the record, it is noted that there is a no-contact PFA
Order in which the Mother is the protected party. The PFA expires on May 18, 2005 and is
docketed to 03-4200. The children are not protected parties under the terms of the PFA.
3.
attached.
The parties reached an agreement as to a Temporary Order in the form as
Z,3
Date
Melissa Peel Greevy, Esquire
Custody Conciliator
:229936
ANDREW N. MUZA,
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 034873 CIVIL TERM
LORI KAY CANFIELD,
HESS, J. ---
CIVIL ACTION - LAW
Defendant
IN CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, this 1' day of August, 2004, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. This Order VACATES all prior Orders related to the custody of the minor
children: Alexia Noel Muza, born January 2, 2003, and Xavier John Muza, born January 2,
2004.
2. Physical Custody. Mother shall have temporary primary physical custody of
the minor children subject to Father's rights of partial custody of Alexia Noel Muza as
described in more detail below:
A. July 22, 2004 from 6:00 p.m. to 8:30 p.m., and July 25, 2004
from 10:00 a.m. to 5:00 p.m.
B. Commencing July 27, 2004, Father shall have partial custody
each Tuesday and Thursday from 4:30 p.m. to 7:30 p.m.
C. Effective July 24, 2004, on alternating Saturdays or Sundays
from 10:30 a.m. until 5:00 p.m.
D. Father's custodial schedule shall be suspended in the event that
he is incarcerated.
E. The present Order of Partial Custody is limited to partial custody
of Alexia until the paternity test results have been received. If the paternity
test results indicate that the Plaintiff is Father of Xavier, then Xavier will be
included in the partial custody provided in this paragraph.
3. In light of the existing PFA which permits no contact between the parties,
Father will contact Ginney or Chris to facilitate a neutral exchange of the children for his
periods of unsupervised partial custody.
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NO. 03-4873 CIVIL TERM
4. The Cumberland County Court of Common Pleas shall retain jurisdiction of
this matter. The parties shall continue to reside in the jurisdiction of this Court. In the event
that Mother desires to relocate outside of Cumberland County, absent written agreement of
Father, Mother will petition the Court and provide not less than thirty (30) days notice of her
intention to relocate. Nothing in this Order shall be construed as to prevent Mother or
Father from leaving Cumberland County with the children for temporary periods in a fashion
consistent with the terms of the custodial schedule.
5. In the event that Alexia wants to call Pap, Father will ask his parents to accept
the telephone call.
6. The parties will contact Parent Works and enroll in their parenting program
7. For a period of twelve hours before and continuing throughout any period of
supervised visitation or partial custody with the minor child, the parties shall consume no
alcoholic beverages nor possess or use controlled substances whatsoever. The parties shall
likewise ensure, to the extent possible, that the other household members and/or house
guests comply with this prohibition.
8. The Custody Conciliation Conference shall reconvene on September 23,
2004 at 10:30 a.m. at the Cumberland County Courthouse, Jury Assembly Room. At
the time of the Custody Conciliation Conference, the parties will have an opportunity
to explore the possibility of resolving this matter short of turning over the decision.
making regarding their children to the Court.
9. A hearing is scheduled in Courtroom Number 4 of the Cumberland County
Courthouse, on the 7th day of October, 2004, at 9:30 A.M., at which time testimony will
be taken. For the purposes of the hearing, the Father, Andrew N. Muza, shall be deemed to
be the moving party and shall proceed initially with testimony. Counsel for the parties or the
parties pro se shall file with the Court and opposing counsel/party a memorandum setting
forth each party's position on custody, a list of witnesses who are expected to testify at the
hearing, and a summary of the anticipated testimony of each witness. These memoranda
shall be filed at least ten days prior to the hearing date.
Dist: Kvonne M. Husic, Esquire, 2215 Forest Hills
?/Jessica Diamondstone, Esquire, 8 Irvine Row,
:232639
BY THE COURT:
`?
vin A. Hess, J.
Driv , Suite 35, Harrisburg, PA 17112
Aisle, PA 17013
08-Qq-0y
JUL 3 0 2004 N
ANDREW N. MUZA,
Plaintiff
V.
LORI KAY CANFIELD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4873 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the children who are the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF
Alexia Noel Muza January 2, 2003 Mother
Xavier John Muza January 2, 2004 Mother
2. The parties' second Custody Conciliation Conference was scheduled for July
22, 2004. Present for the conference were: the Father, Andrew N. Muza, and his counsel,
Yvonne M. Husic, Esquire; the Mother, Lori Kay Canfield, and her counsel, Jessica
Diamondstone, Esquire.
3. The Father's position is as follows: Father continues to seek overnight periods
of custody. He stated he actually wants shared physical custody but believes Mother will
never agree to that. So, alternatively, he would seek alternating weekends and contact with
the children during the week. With regard to the drug and alcohol treatment and
assessment, Father provided a letter dated July 17, 2004 written by Harry Weaver indicating
that Father scored as a low risk and that he could not justify further treatment. Father now
denies ever having attending Gaudenzia. His attorney did not produce any report of their
assessment.
With regard to the supervised visits at the YWCA, F=ather complained that Mother
was late for every visit and that she said no to every request for Saturday visits because she
had other plans. This left Father feeling like Mother was delaying the process of
accomplishing six supervised visits before the parties moved to unsupervised time, as
provided in paragraph 2(c) of the Order. Additionally, Father has questioned the paternity of
the parties' youngest child and paternity testing has been dome. However, the report from
that testing have not returned. Father complains that Mother is controlling. He also reports
that he is abstinent from drugs and alcohol at this time.
NO. 03-4873 CIVIL TERM
Therefore, he does not understand why Mother will not consider his requests for significantly
more custodial time unsupervised with the children. The trial for the DUI charge against
Father was moved to August, 2004. His counsel reports now that that trial date will be
delayed to some undetermined time in the Fall of 2004. Accordingly, Father wants to move
forward with an increase in the new partial custody schedule. With regard to the Parent
Works Program, Father reported that he contacted them last week but has not received a
telephone call back.
4. Mother's position on custody is as follows: Mother reports that Father deniec
paternity of the youngest child at the Domestic Relations Conference. She believes the
child is his. With regard to supervised visits, Mother reports that she had already made
plans for the Saturdays and because this was her day off she was not willing or able to
participate in supervised visits on Saturday. She also reports that some of the delay in
starting the visits were because, although she arrived on time, there was a delay in getting
to the room to begin the visit from the point of her arrival caused by the procedures
associated with checking in and being escorted to the visit:. Mother acknowledges that the
six visits have been accomplished. Mother reports that she is enrolled in the Parent Works
program and expects to begin the home visits on July 27, 2004. She also wants to
participate in Tuesday/Thursday support groups in Carlisle, but has not yet been contacted
to begin these groups. Mother raises a continued concern regarding her worries about
Father's use of drugs. She reports that a neighbor recently told her that Father has been in
contact with people who are selling him drugs. This leads to her reluctance to agree to
overnight periods of custody or any expansion in the schedule other than what is provided in
paragraph 2(c). Mother also expressed her desire that the children be able to continue a
relationship and have contact with the paternal grandparents. She does not want that
contact to have to be limited to those times when Father is enjoying his periods of partial
custody. Although Mother is very reluctant to be hopeful that Father is or will remain
abstinent from drugs and alcohol and wants him to have time when he can be responsible
for the parenting of these children, she is not presently willing to agree to any expansion or
overnight periods of custody for Father. Thus, she continues to bear the bulk of the
responsibility of parenting two very young children.
5. These parents continue to be both very angry and distrustful of each other.
This distrust from their rocky relationship, combined with the very young age of these
children, is a very serious concern. The parties have reached lemporary agreement which
is reflected in the Order attached.
Date
Melissa Peel Greevy, Esquire
Custody Conciliator
:232639
ANDREW N. MUZA. : IN THE COURT OF COMMON PLEAS OF
Plaintiff Respondent : CUMBERLAND COUNTY PENNSYLVANIA
vs.
No.03-4873 CIVILTERM
LORI K. CANFIELD,
Defendant/Petitioner . IN CUSTODY
PETITION FOR SPECIAL RELIEF
Petitioner, Lori Canfield, by and through her counsel, Jessica Diamondstone of
MidPenn Legal Services, states the following:
1. Petitioner is the above-named Defendant, hereinafter referred to as Mother, who
resides at 4838 East Trindle Road, Mechanicsburg, Cumberland County, PA,
17050.
2. Respondent is the above-named Plaintiff, hereinafter referred to as Respondent,
resides at 17 Sussex Road, Camp Hill, Cumberland County, Pennsylvanaia 17011.
3. The above-named parties are the natural parents of Alexia Noel Muza, born
January 2, 2003, and Xavier John Muza, born January 2, 2004.
4. A custody order was entered on August 4, 2004, which in pertinent part, granted
Mother primary physical custody and granted Respondent periods of partial
physical custody in accordance with a specifically outlined schedule. The Order
required both parties to enroll in the ParentWorks parenting program and, during
all periods of custody, refrain from consumption of any alcoholic beverage, or
possession or use of controlled substances. A copy of the Order is attached and
incorporated herein by reference.
5. This matter is scheduled for a Custody Conciliation on September 23, 2004, and a
custody hearing on October 7, 2004.
6. Respondent is not acting in the children's best interests for reasons including, but
not limited to, the following:
a. When Mother when to Respondent's home on Thursday, August 26, 2004,
to pick up the children from their scheduled visit, Mother smelled alcohol
on Respondent and Respondent's appearance suggested that he had been
consuming alcohol during his period of partial physical custody.
b. Despite two Orders (June 11, 2004 and August 11, 2004) requiring the
parties to enroll and complete the ParentWorks parenting class,
Respondent still has not enrolled in the classes.
c. On August 10, 2004, Respondent was found guilty of a third Indirect
Criminal Contempt violation of a Final Protection from Abuse Order.
Upon his arrest for the violation, Respondent was incarcerated and at
sentencing, was incarcerated for not less than thirty (30) days and not
more than six (6) months. Respondent was ordered to remain under the
supervision of the Probation Office, undergo a drug and alcohol
evaluation, and comply with any subsequent recommendations.
d. On August 25, 2004, Respondent was released on parole with supervision.
e. Respondent is awaiting trial for his third Driving Under the Influence
charge and faces the potential for an additional period of incarceration.
The trial is expected to take place during the November 2004, trial term.
f. Respondent's repeated violations of a Protection from Abuse Order, his
refusal to comply with the existing Custody Order and his behavior
suggesting continued use of alcohol causes Mother concern that the
ongoing unsupervised visits are not serving the children's best interests.
g. Respondent's repeated periods of incarceration and release are confusing,
disruptive and possibly dangerous for the children.
7. Mother is the parent who can best provide for the children for reasons including,
but not limited to, the following:
a. Mother is presently able to provide for the children by giving them a
nurturing and stable home environment and providing for their emotional,
physical, medical and educational needs.
b. Since the children were born, Mother is the person who has been their
primary caretaker and has provided for their daily needs. Mother is the
person most capable of caring for the needs of two children this young.
c. Mother can best facilitate and maintain any contact between the children
and their father.
8. Mother requests that the Court suspend Respondent's periods of unsupervised
partial custody until the September 23, 2004, custody conciliation.
9. Without this Court's intervention, the children are at risk of irreparable harm by
being subjected to Respondent's unpredictable and potentially unsafe behavior.
10. Supervised visitation until such time as Respondent attends drug and alcohol
counseling and gets Parentworks assistance best serves the interests of the
children.
11. Respondent is represented by Attorney Yvonne Husic who does not concur with
the relief requested in this petition.
12. Mother requests that the Court refer this matter to the Custody Conciliator to
address during the September 23, 2004, conciliation conference.
WHEREFORE, Petitioner respectfully requests the following:
a. That Respondent's unsupervised periods of partial physical custody be
suspended until the September 23, 2004, custody conciliation.
b. That Respondent be ordered to return to supervised visits at the YWCA in
Harrisburg until the time that this matter can be heard either by the Court
or by the Conciliator.
c. That this matter be referred to the Custody Conciliator to address during
the September 23, 2004, custody conciliation.
d. Any other relief this Court deems just and proper.
Respectfully -submitted,
Jess. a Diamondstone
Attorney for Plaintiffl Petitioner
MidPenn Legal Services
8 Irving Row
Carlisle, PA 17013
ANDREW N. MUZA,
Plaintiff
V.
LORI KAY CANFIELD,
Defendant
HESS, J. ---
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4873 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, this 7A day of August, 2004, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. This Order VACATES all prior Orders related to the custody of the minor
children: Alexia Noel Muza, born January 2, 2003, and Xavier John Muza, born January 2,
2004.
2. Phvsical Custodv. Mother shall have temporary primary physical custody of
the minor children subject to Father's rights of partial custody of Alexia Noel Muza as
described in more detail below:
A. July 22, 2004 from 6:00 p.m. to 8:30 p.m., and July 25, 2004
from 10:00 a.m. to 5:00 p.m.
B. Commencing July 27, 2004, Father shall have partial custody
each Tuesday and Thursday from 4:30 p.m. to 7:30 p.m.
C. Effective July 24, 2004, on alternating Saturdays or Sundays
from 10:30 a.m. until 5:00 p.m.
D. Father's custodial schedule shall be suspended in the event that
he is incarcerated.
E. The present Order of Partial Custody is limited to partial custody
of Alexia until the paternity test results have been received. If the paternity
test results indicate that the Plaintiff is Father of Xavier, then Xavier will be
included in the partial custody provided in this paragraph.
3. In light of the existing PFA which permits no contact between the parties,
Father will contact Ginney or Chris to facilitate a neutral exchange of the children for his
periods of unsupervised partial custody.
NO. 03-4873 CIVIL TERM
4. The Cumberland County Court of Common Pleas shall retain jurisdiction of
this matter. The parties shall continue to reside in the jurisdiction of this Court. In the event
that Mother desires to relocate outside of Cumberland County, absent written agreement of
Father, Mother will petition the Court and provide not less than thirty (30) days notice of her
intention to relocate. Nothing in this Order shall be construed as to prevent Mother or
Father from leaving Cumberland County with the children for temporary periods in a fashion
consistent with the terms of the custodial schedule.
5. In the event that Alexia wants to call Pap, Father will ask his parents to accept
the telephone call.
6. The parties will contact Parent Works and enroll in their parenting program.
7. For a period of twelve hours before and continuing throughout any period of
supervised visitation or partial custody with the minor child, the parties shall consume no
alcoholic beverages nor possess or use controlled substances whatsoever. The parties shall
likewise ensure, to the extent possible, that the other household members and/or house
guests comply with this prohibition.
8. The Custody Conciliation Conference shall reconvene on September 23,
2004 at 10:30 a.m. at the Cumberland County Courthouse, Jury Assembly Room. At
the time of the Custody Conciliation Conference, the parties will have an opportunity
to explore the possibility of resolving this matter short of turning over the decision-
making regarding their children to the Court.
9. A hearing is scheduled in Courtroom Number 4 of the Cumberland County
Courthouse, on the 7th day of October, 2004, at 9:30 A.M., at which time testimony will
be taken. For the purposes of the hearing, the Father, Andrew N. Muza, shall be deemed to
be the moving party and shall proceed initially with testimony. Counsel for the parties or the
parties pro se shall file with the Court and opposing counsel/party a memorandum setting
forth each party's position on custody, a list of witnesses who are expected to testify at the
hearing, and a summary of the anticipated testimony of each witness. These memoranda
shall be filed at least ten days prior to the hearing da e.
BY THE C URT:
vin A. Hess, J.
Dist: Yvonne M. Husic, Esquire, 2215 Forest Hills Drive, Suite 35, Harrisburg, PA 17112
Jessica Diamondstone, Esquire, 8 Irvine Row, Carlisle, PA 17013
:232639
TRUE- COPY.#
In estimony where , I
an he l of said Cou
"ECORD
set my hand
rlisle, Pa.
tary
JUL 3 0 2004 ?J?'
ANDREW N. MUZA,
Plaintiff
V.
LORI KAY CANFIELD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4873 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the children who are the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF
Alexia Noel Muza January 2, 2003 Mother
Xavier John Muza January 2, 2004 Mother
2. The parties' second Custody Conciliation Conference was scheduled for July
22, 2004. Present for the conference were: the Father, Andrew N. Muza, and his counsel,
Yvonne M. Husic, Esquire; the Mother, Lori Kay Canfield, and her counsel, Jessica
Diamondstone, Esquire.
3. The Father's position is as follows: Father continues to seek overnight periods
of custody. He stated he actually wants shared physical custody but believes Mother will
never agree to that. So, alternatively, he would seek alternating weekends and contact with
the children during the week. With regard to the drug and alcohol treatment and
assessment, Father provided a letter dated July 17, 2004 written by Harry Weaver indicating
that Father scored as a low risk and that he could not justify further treatment. Father now
denies ever having attending Gaudenzia. His attorney did not produce any report of their
assessment.
With regard to the supervised visits at the YWCA, Father complained that Mother
was late for every visit and that she said no to every request for Saturday visits because she
had other plans. This left Father feeling like Mother was delaying the process of
accomplishing six supervised visits before the parties moved to unsupervised time, as
provided in paragraph 2(c) of the Order. Additionally, Father has questioned the paternity of
the parties' youngest child and paternity testing has been done. However, the report from
that testing have not returned. Father complains that Mother is controlling. He also reports
that he is abstinent from drugs and alcohol at this time.
NO. 03-4873 CIVIL TERM
Therefore, he does not understand why Mother will not consider his requests for significantly
more custodial time unsupervised with the children. The trial for the DUI charge against
Father was moved to August, 2004. His counsel reports now that that trial date will be
delayed to some undetermined time in the Fall of 2004. Accordingly, Father wants to move
forward with an increase in the new partial custody schedule. With regard to the Parent
Works Program, Father reported that he contacted them last week but has not received a
telephone call back.
4. Mother's position on custodv is as follows: Mother reports that Father denied
paternity of the youngest child at the Domestic Relations Conference. She believes the
child is his. With regard to supervised visits, Mother reports that she had already made
plans for the Saturdays and because this was her day off she was not willing or able to
participate in supervised visits on Saturday. She also reports that some of the delay in
starting the visits were because, although she arrived on time, there was a delay in getting
to the room to begin the visit from the point of her arrival caused by the procedures
associated with checking in and being escorted to the visit. Mother acknowledges that the
six visits have been accomplished. Mother reports that she is enrolled in the Parent Works
program and expects to begin the home visits on July 27, 2004. She also wants to
participate in Tuesday/Thursday support groups in Carlisle, but has not yet been contacted
to begin these groups. Mother raises a continued concern regarding her worries about
Father's use of drugs. She reports that a neighbor recently told her that Father has been in
contact with people who are selling him drugs. This leads to her reluctance to agree to
overnight periods of custody or any expansion in the schedule other than what is provided in
paragraph 2(c). Mother also expressed her desire that the children be able to continue a
relationship and have contact with the paternal grandparents. She does not want that
contact to have to be limited to those times when Father is enjoying his periods of partial
custody. Although Mother is very reluctant to be hopeful that Father is or will remain
abstinent from drugs and alcohol and wants him to have time when he can be responsible
for the parenting of these children, she is not presently willing to agree to any expansion or
overnight periods of custody for Father. Thus, she continues to bear the bulk of the
responsibility of parenting two very young children.
5. These parents continue to be both very angry and distrustful of each other.
This distrust from their rocky relationship, combined with the very young age of these
children, is a very serious concern. The parties have reached a emporary agreement which
is reflected in the Order attached.
Date Melissa Peel Greevy, Esquire
Custody Conciliator
:232639
JUN 0 7 2004
ANDREW N. MUZA,
Plaintiff
V.
LORI KAY CANFIELD,
Defendant
HESS, J. ---
IN CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, this ? day of June, 2004, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. This Order VACATES all prior Orders related to the custody of the minor
children: Alexia Noel Muza, born January 2, 2003, and Xavier John Muza, born January 2,
2004.
2. Phvsical Custodv. Mother shall have temporary primary physical custody of
the minor children subject to Father's rights of visitation and partial custody as described in
more detail below:
A. To begin as soon as possible, at a frequency that is the
maximum available through the Harrisburg YWCA Visitation Program, but no
more frequently than four (4) times per week, Father shall have supervised
visitation with the minor children. This will occur for six (6) visits.
B. Father will have partial custody on June 20, 2004 from 12:00
p.m. until 7:00 p.m. at his residence for Father's Day.
C. After six (6) visits have occurred at the YWCA Visitation Program
in Harrisburg, Father shall have partial custody each Tuesday and Thursday
from 4:30 p.m. to 7:30 p.m. and alternating Sundays from 10:30 a.m. to 5:00
p.m.
D. Father's custodial schedule shall be suspended in the event that
he is incarcerated.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4873 CIVIL TERM
CIVIL ACTION - LAW
3. In light of the existing PFA which permits no contact between the parties,
Father will contact Ginney or Chris to facilitate a neutral exchange of the children for his
periods of unsupervised partial custody.
NO. 03-4873 CIVIL TERM
4. The Cumberland County Court of Common Pleas shall retain jurisdiction of
this matter. The parties shall continue to reside in the jurisdiction of this Court. In the event
that Mother desires to relocate outside of Cumberland County, absent written agreement of
Father, Mother will petition the Court and provide not less than thirty (30) days notice of her
intention to relocate. Nothing in this Order shall be construed as to prevent Mother or
Father from leaving Cumberland County with the children for temporary periods in a fashion
consistent with the terms of the custodial schedule.
5. Father shall sign the appropriate forms to allow the release of confidential
information regarding his chemical dependency evaluation at Gaudenzia and with his
therapist, Harry Weaver. Father shall permit Mr. Weaver to provide a report regarding his
compliance and progress with substance abuse counseling. Counsel shall work
cooperatively for the exchange of this information.
The parties will contact Parent Works and enroll in their parenting program.
7. For a period of twelve hours before and continuing throughout any period of
supervised visitation or partial custody with the minor child, the parties shall consume no
alcoholic beverages nor possess or use controlled substances whatsoever. The parties shall
likewise ensure, to the extent possible, that the other household members and/or house
guests comply with this prohibition.
8. The Custody Conciliation Conference shall reconvene on July 22, 2004 at
8:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301
Market Street, Lemoyne, PA 17043.
BY THE COURT:
yt/L.t,,'-, Q A?
Kevin A. Hess, J.
Dist: Yvonne M. Husic, Esquire, 2215 Forest Hills Drive, Suite 35, Harrisburg, PA 17112
Jessica Diamondstone, Esquire, 8 Irvine Row, Carlisle, PA 17013
TRUE COPY FROM REGwli.)
In Tatinony w harem, I here tmo sot"h3A6
and
Th is tiV'3tW of said COW Garik"Id, Pa.
'?y ise at ?,., .??t71Y
9 Prothonoury
ANDREW N. MUZA,
Plaintiff
V.
LORI KAY CANFIELD,
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4873 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
1. The pertinent information concerning the children who are the subject of this
litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN THE CUSTODY OF
Alexia Noel Muza
Xavier John Muza
January 2, 2003
January 2, 2004
Mother
Mother
2. A Custody Conciliation Conference was held on May 27, 2004 following
Father's April 7, 2004 filing of a Complaint for Custody. A Petition for Special Relief was
filed however relief was denied. Pending disposition in an Order dated April 8, 2004, Judge
Hess referred the matter to conciliation and enjoined the Defendant Mother from removing
the children from the Commonwealth of Pennsylvania and the jurisdiction of this Court.
Father then filed a Motion for Contempt of Court Order dated April 8, 2004. This Motion was
filed on May 4, 2004: Present for the conference were: the Father, Andrew N, Muza, and
his counsel, Yvonne M. Husic, Esquire; the Mother, Lori Kay Canfield, and her counsel,
Jessica Diamondstone, Esquire. For the record, it is noted that there is a no-contact PFA
Order in which the Mother is the protected party. The PFA expires on May 18, 2005 and is
docketed to 03-4200. The children are not protected parties under the terms of the PFA.
3. The parties reached an agreement as to a Temporary Order in the form as
attached.
Date / Melia Peel Greevy; Esquire
Custody Conciliator
:229936
LORI K. CANFIELD,
Plaintiff
V.
ANDREW NORRIS MUZA,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
03-4200 CIVIL TERM
CHARGE: INDIRECT CRIMINAL
CONTEMPT
IN RE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, August 10, 2004, Andrew Norris Muza, having
appeared in open court on a petition alleging the defendant to be
in contempt for violating our prior PFA Order, and the defendant
having admitted he did make prohibited calls on July 26, 2004, in
violation of our order, we do find the defendant to be in
contempt of court. Having so found, on this third violation,
sentence of the court is that the defendant pay any costs
associated with the filing of this petition and that he undergo
imprisonment in the Cumberland County Prison for a period of not
less than thirty days nor more than six months. We give the
defendant credit for time served on this sentence from his arrest
on July 26, 2004. We direct that he undergo supervision of the
Probation Office and that he undergo a drug and alcohol
evaluation and comply with any recommendations flowing therefrom.
T'"^,;F 'OPY F'e OM RECORD
in ., ;a;rno?rp whereof, I her nto set r; hand
in c t ia . ? saki urt t 2rf: Je, Pa.
Prothonot
Geoffrey McInroy, Esquire
Assistant District Attorney
Yvonne Husic, Esquire
For the Defendant
Jessica Diamondstone, Esquire
MidPenn Legal Services, Inc.
By the Court,
Cor0#off)e1 P.J.
Probation Office
CCP
Victim Services
mtf
LORI K. CANFIELD : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V. :03-4200 CIVIL TERM
: CHARGE: INDIRECT CRIMINAL
ANDREW NORRIS MUSA :CONTEMPT
IN RE: PAROLE
ORDER BY COURT
AND NOW, August 25, 2004, the defendant is placed on parole
from the Cumberland County Prison effective this date at 1:00 p.m.; parole to
be with supervision.
By -he Court,
L. offer, P.J.
Geoffrey Mclnroy, Esquire
Assistant District Attorney
Yvonne Husic, Esquire
For the Defendant
Jessica Diamondstone, Esquire
MidPenn Legal Services, Inc.
Probation
CCP
Victim Services
VERIFICATION
The above-named PLAINTIFF, Lori K. Canfield, verifies that
the statements made in the above complaint For custody are true
and correct. Plaintiff understands that false statements herein
are made subject to the penalties of 18 Pa. C.S. §4904, relating
to unsworn falsification to authorities.
Date: 0? + Y
/ U6. K. Canfie
ANDREW N. MUZA,
Plaintiff/Respondent
VS.
LORI K. CANFIELD,
Defendant/Peritioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 03-4873 CwIL TERM
IN CUSTODY
AFFIDAVIT OF SERVICE BY MAIL
I, Jessica Diamondstone, do hereby swear that I served Yvonne Husic, Equire,
with a Petition for Special Relief on/,? e??Ali-12004 by certified mail, return
receipt, restricted delivery, to the person and address below:
Yvonne Husic, Esquire
2215 Forest Hills Drive
Suite 35
Harrisburg, PA 17112-1099
I, Jessica Diamondstone, verify that the statements made in this Affidavit of
Service are true and correct. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: g1-ilo/
ANDREW N. MUZA
Plaintiff/Respondent
V.
LORI K. CANFIELD
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 03-4873 CIVIL TERM
IN CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Lori Kay Canfield, Defendant/Petitioner, to proceed in forma an uperis.
I, Jessica Diamondstone, attorney for the party proceeding in forma au ris, certify that
I believe the party is unable to pay the costs and that I am providing free legal services to the
party-
Grace D'Alo, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
?^, n?
_'
f2; _..
ru.
ANDREW N. MUZA : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
V.
LORI K. CANFIELD
Defendant/Petitioner : NO: 03-4873 CIVIL TERM
: IN CUSTODY
PETITION FOR MODIFICATION
Petitioner, Lori K. Canfield, by and through her counsel, Jessica Diamondstone of
MidPenn Legal Services, states the following:
Petitioner is the above-named Defendant, Lori K. Canfield, hereinafter referred to
as Mother, who resides 4838 East Trindle Road, Mechanicsburg, Cumberland
County, Pennsylvania, 17050.
2. Respondent is the above-named Plaintiff, Andrew N. Muza, hereinafter referred
to as Respondent, who resides at, 17 Sussex Road, Camp Hill, Cumberland
County, Pennsylvania, 17011.
3. The above-named parties are the natural parents of Alexia Noel Muza, born
January 2, 2003, and Xavier John Muza, bom January 2, 2004.
4. A custody order was entered on August 4, 2004, which in pertinent part granted
Mother primary physical custody and granted Respondent periods of partial
physical custody in accordance with a specifically outlined schedule. The order
further required both parties to enroll in the Parentworks parenting program and,
during all periods of custody, refrain from consumption of any alcoholic
beverage, or possession or use of controlled substances. A copy of the order is
attached and incorporated herein by reference.
This matter is scheduled for a Custody Conciliation on September 23, 2004, and a
Custody Hearing on October 7, 2004.
6. Because of a change in circumstances, Mother requests that Respondent's visits
with the children be suspended until after the September 23, 2004, conciliation.
Mother is requesting this modification to the order of August 4, 2004, for the
following reasons:
a.) When Mother went to Respondent's home on Thursday, August 26, 2004, to
pick up the children from their scheduled visit, Mother smelled alcohol
emanating from Respondent and Respondent's appearance suggested that he
had been consuming alcohol during his periods of partial physical custody.
b.) Despite two Orders (June 11, 2004, and August 4, 2004) requiring the parties
to enroll and complete the ParentWorks parenting classes, Respondent still
has not enrolled in the classes.
c.) On August 10, 2004, Respondent was found guilty of a third Indirect Criminal
Contempt violation of a Final Protection from Abuse Order. Upon his arrest
for the violation, Respondent was incarcerated and at sentencing, was
incarcerated for not less than thirty (30) days and not more than six (6)
months. Respondent was ordered to remain under the supervision of the
Probation Office, undergo a drug and alcohol evaluation, and comply with any
subsequent recommendations.
d.) On August 25, 2004, Respondent was released on parole with supervision.
e.) Respondent is awaiting a trial for his third Driving Under the Influence charge
and faces the potential for an additional period of incarceration. The trial is
expected to take place during the November 2004 trial term.
£) Respondent's repeated violations of a Protection from Abuse Order, his
refusal to comply with the existing Custody Order and his behavior suggesting
his continued use of alcohol causes Mother concern that the ongoing,
unsupervised visits are not serving the children's best interests.
g.} Mother is concerned that Respondent's repeated periods of incarceration and
release are confusing, disruptive, and possibly dangerous for the children.
8. Mother requests that the Court modify its order of August 4, 2004, to suspend
Respondent's periods of partial custody until the September 22, 2004, custody
conciliation.
9. Supervised visitation until such time as Respondent attends drug and alcohol
counseling and gets ParentWorks assistance best serves the interests of the
children.
10. Respondent is represented by Attorney Yvonne Husic who does not concur with
the relief requested in this petition.
11. Mother requests that the Court refer this matter to the Custody Conciliator to
address during the September 23, 2004, conciliation conference.
12. Mother also requests any other relief this Court deems just and proper.
Respectfully itted,
Jessica iamondstone
Attorney for Defendant/Petitioner
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
ANDREW N. MUZA,
Plaintiff
V.
LORI KAY CANFIELD,
Defendant
HESS, J. ---
IN CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, this qA day of August, 2004, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. This Order VACATES all prior Orders related to the custody of the minor
children: Alexia Noel Muza, born January 2, 2003, and Xavier John Muza, born January 2,
2004.
2. Phvsical Custodv. Mother shall have temporary primary physical custody of
the minor children subject to Fathers rights of partial custody of Alexia Noel Muza as
described in more detail below:
A. July 22, 2004 from 6:00 p.m. to 8:30 p.m., and July 25, 2004
from 10:00 a.m. to 5:00 p.m.
B. Commencing July 27, 2004, Father shall have partial custody
each Tuesday and Thursday from 4:30 p.m. to 7:30 p.m.
C. Effective July 24, 2004, on alternating Saturdays or Sundays
from 10:30 a.m. until 5:00 p.m.
D. Father's custodial schedule shall be suspended in the event that
he is incarcerated.
E. The present Order of Partial Custody is limited to partial custody
of Alexia until the paternity test results have been received. If the paternity
test results indicate that the Plaintiff is Father of Xavier, then Xavier will be
included in the partial custody provided in this paragraph.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4873 CIVIL TERM
CIVIL ACTION - LAW
3. In light of the existing PFA which permits no contact between the parties,
Father will contact Ginney or Chris to facilitate a neutral exchange of the children for his
periods of unsupervised partial custody.
NO. 03-4873 CIVIL TERM
4. The Cumberland County Court of Common Pleas shall retain jurisdiction of
this matter. The parties shall continue to reside in the jurisdiction of this Court. In the event
that Mother desires to relocate outside of Cumberland County, absent written agreement of
Father, Mother will petition the Court and provide not less than thirty (30) days notice of her
intention to relocate. Nothing in this Order shall be construed as to prevent Mother or
Father from leaving Cumberland County with the children for temporary periods in a fashion
consistent with the terms of the custodial schedule.
5. In the event that Alexia wants to call Pap, Father will ask his parents to accept
the telephone call.
6. The parties will contact Parent Works and enroll in their parenting program.
7. For a period of twelve hours before and continuing throughout any period of
supervised visitation or partial custody with the minor child, the parties shall consume no
alcoholic beverages nor possess or use controlled substances whatsoever. The parties shall
likewise ensure, to the extent possible, that the other household members and/or house
guests comply with this prohibition.
8. The Custody Conciliation Conference shall reconvene on September 23,
2004 at 10:30 a.m. at the Cumberland County Courthouse, Jury Assembly Room. At
the time of the Custody Conciliation Conference, the parties will have an opportunity
to explore the possibility of resolving this matter short of turning over the decision-
making regarding their children to the Court.
9. A hearing is scheduled in Courtroom Number 4 of the Cumberland County
Courthouse, on the 7th day of October, 2004, at 9:30 A.M., at which time testimony will
be taken. For the purposes of the hearing, the Father, Andrew N. Muza, shall be deemed to
be the moving party and shall proceed initially with testimony. Counsel for the parties or the
parties pro se shall file with the Court and opposing counsel/party a memorandum setting
forth each party's position on custody, a list of witnesses who are expected to testify at the
hearing, and a summary of the anticipated testimony of each witness. These memoranda
shall be filed at least ten days prior to the hearing da e.
BY THE C URT:
vin A. Hess, J.
Dist: Yvonne M. Husic, Esquire, 2215 Forest Hills Drive, Suite 35, Harrisburg, PA 17112
Jessica Diamondstone, Esquire, 8 Irvine Row, Carlisle, PA 17013
:232639
TRUE- COPY. FRn
In Lestimony wheretrf. I her,
the sell of
nECORD
o set my hand
ig .
JUL 3 0 2004
ANDREW N. MUZA,
Plaintiff
V.
LORI KAY CANFIELD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4873 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915,3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the children who are the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF
Alexia Noel Muza January 2, 2003 Mother
Xavier John Muza January 2, 2004 Mother
2. The parties' second Custody Conciliation Conference was scheduled for July
22, 2004. Present for the conference were: the Father, Andrew N. Muza, and his counsel,
Yvonne M. Husic, Esquire; the Mother, Lori Kay Canfield, and her counsel, Jessica
Diamondstone, Esquire.
3. The Father's position is as follows: Father continues to seek overnight periods
of custody. He stated he actually wants shared physical custody but believes Mother will
never agree to that. So, alternatively, he would seek alternating weekends and contact with
the children during the week. With regard to the drug and alcohol treatment and
assessment, Father provided a letter dated July 17, 2004 written by Harry Weaver indicating
that Father scored as a low risk and that he could not justify further treatment. Father now
denies ever having attending Gaudenzia. His attorney did not produce any report of their
assessment.
With regard to the supervised visits at the YWCA, Father complained that Mother
was late for every visit and that she said no to every request for Saturday visits because she
had other plans. This left Father feeling like Mother was delaying the process of
accomplishing six supervised visits before the parties moved to unsupervised time, as
provided in paragraph 2(c) of the Order. Additionally, Father has questioned the paternity of
the parties' youngest child and paternity testing has been done. However, the report from
that testing have not returned. Father complains that Mother is controlling. He also reports
that he is abstinent from drugs and alcohol at this time.
NO. 03-4873 CIVIL TERM
Therefore, he does not understand why Mother will not consider his requests for significantly
more custodial time unsupervised with the children. The trial for the DUI charge against
Father was moved to August, 2004. His counsel reports now that that trial date will be
delayed to some undetermined time in the Fall of 2004. Accordingly, Father wants to move
forward with an increase in the new partial custody schedule. With regard to the Parent
Works Program, Father reported that he contacted them last week but has not received a
telephone call back.
4. Mother's position on custody is as follows: Mother reports that Father denied
paternity of the youngest child at the Domestic Relations Conference. She believes the
child is his. With regard to supervised visits, Mother reports that she had already made
plans for the Saturdays and because this was her day off she was not willing -or able to
participate in supervised visits on Saturday. She also reports that some of the delay in
starting the visits were because, although she arrived on time, there was a delay in getting
to the room to begin the visit from the point of her arrival caused by the procedures
associated with checking in and being escorted to the visit. Mother acknowledges that the
six visits have been accomplished. Mother reports that she is enrolled in the Parent Works
program and expects to begin the home visits on July 27, 2004. She also wants to
participate in Tuesday/Thursday support groups in Carlisle, but has not yet been contacted
to begin these groups. Mother raises a continued concern regarding her worries about
Father's use of drugs. She reports that a neighbor recently told her that Father has been in
contact with people who are selling him drugs. This leads to her reluctance to agree to
overnight periods of custody or any expansion in the schedule other than what is provided in
paragraph 2(c). Mother also expressed her desire that the children be able to continue a
relationship and have contact with the paternal grandparents. She does not want that
contact to have to be limited to those times when Father is enjoying his periods of partial
custody. Although Mother is very reluctant to be hopeful that Father is or will remain
abstinent from drugs andialcohol and wants him to have time when he can be responsible
for the parenting of these children, she is not presently willing to agree to any expansion or
overnight periods of custody for Father. Thus, she continues to bear the bulk of the
responsibility of parenting two very young children.
5. These parents continue to be both very angry and distrustful of each other.
This distrust from their rocky relationship, combined with the very young age of these
children, is a very serious concern. The parties have reached a temporary agreement which
is reflected in the Order attached.
Date Melissa Peel Greevy, Esquire
Custody Conciliator
:232639
JUN 0 `d 2004
ANDREW N. MUZA,
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
LORI KAY CANFIELD,
HESS, J. ---
Defendant
NO. 03-4873 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, this rr 6'? day of June, 2004, upon consideration of the attached
Custody Conciliation Summary Report, it is hereby ordered and directed as follows:
1. This Order VACATES all prior Orders related to the custody of the minor
children: Alexia Noel Muza, born January 2, 2003, and Xavier John Muza, born January 2,
2004.
2. Phvsical Custodv. Mother shall have temporary primary physical custody of
the minor children subject to Father's rights of visitation and partial custody as described in
more detail below:
A. To begin as soon as possible, at a frequency that is the
maximum available through the Harrisburg YWCA Visitation Program, but no
more frequently than four (4) times per week, Father shall have supervised
visitation with the minor children. This will occur for six (6) visits.
B. Father will have partial custody on June 20, 2004 from 12:00
p.m. until 7:00 p.m. at his residence for Father's Day.
C. After six (6) visits have occurred at the YWCA Visitation Program
in Harrisburg, Father shall have partial custody each Tuesday and Thursday
from 4:30 p.m. to 7:30 p.m. and alternating Sundays from 10:30 a.m. to 5:00
p.m.
D. Father's custodial schedule shall be suspended in the event that
he is incarcerated.
3. In light of the existing PFA which permits no contact between the parties,
Father will contact Ginney or Chris to facilitate a neutral exchange of the children for his
periods of unsupervised partial custody.
NO. 03-4873 CIVIL TERM
4. The Cumberland County Court of Common Pleas shall retain jurisdiction of
this matter. The parties shall continue to reside in the jurisdiction of this Court. In the event
that Mother desires to relocate outside of Cumberland County, absent written agreement of
Father, Mother will petition the Court and provide not less than thirty (30) days notice of her
intention to relocate. Nothing in this Order shall be construed as to prevent Mother or
Father from leaving Cumberland County with the children for temporary periods in a fashion
consistent with the terms of the custodial schedule.
5. Father shall sign the appropriate forms to allow the release of confidential
information regarding his chemical dependency evaluation at Gaudenzia and with his
therapist, Harry Weaver. Father shall permit Mr. Weaver to provide a report regarding his
compliance and progress with substance abuse counseling. Counsel shall work
cooperatively for the exchange of this information.
6. The parties will contact Parent Works and enroll in their parenting program.
7. For a period of twelve hours before and continuing throughout any period of
supervised visitation or partial custody with the minor child, the parties shall consume no
alcoholic beverages nor possess or use controlled substances whatsoever. The parties shall
likewise ensure, to the extent possible, that the other household members and/or house
guests comply with this prohibition.
8. The Custody Conciliation Conference shall reconvene on July 22, 2004 at
8:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301
Market Street, Lemoyne, PA 17043.
BY THE COURT:
/-5/ Q. gd',
Kevin A. Hess, J.
Dist: Yvonne M. Husic, Esquire, 2215 Forest Hills Drive, Suite 35, Harrisburg, PA 17112
Jessica Diamondstone, Esquire, 8 Irvine Row, Carlisle, PA 17013
TRUE COPY FROM nEGoiiii)
in Tedinuty whereoC I tote urtto $a rriy hard
and Ov so 1w said Carllsta, ph.
This LIC, rIA? d tat
Frothonourv 1 >
ANDREW N. MUZA,
Plaintiff
V.
LORI KAY CANFIELD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4873 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the children who are the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF
Alexia Noel Muza January 2, 2003 Mother
Xavier John Muza January 2, 2004 Mother
2. A Custody Conciliation Conference was held on May 27, 2004 following
Father's April 7, 2004 filing of a Complaint for Custody. A Petition for Special Relief was
filed however relief was denied. Pending disposition in an Order dated April 8, 2004, Judge
Hess referred the matter to conciliation and enjoined the Defendant Mother from removing
the children from the Commonwealth of Pennsylvania and the jurisdiction of this Court.
Father then filed a Motion for Contempt of Court Order dated April 8, 2004. This Motion was
filed on May 4, 2004: Present for the conference were: the Father, Andrew N. Muza, and
his counsel, Yvonne M. Husic, Esquire; the Mother, Lori Kay Canfield, and her counsel,
Jessica Diamondstone, Esquire. For the record, it is noted that there is a no-contact PFA
Order in which the Mother is the protected party. The PFA expires on May 18, 2005 and is
docketed to 03-4200. The children are not protected parties under the terms of the PFA.
3. The parties reached an agreement as to a Temporary Order in the form as
attached.
X.eDate Meliel" vy, Esquirre
Custody Conciliator
:229936
LORI K. CANFIELD,
Plaintiff
V.
ANDREW NORRIS MUZA,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
03-4200 CIVIL TERM
CHARGE: INDIRECT CRIMINAL
CONTEMPT
IN RE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, August 10, 2004, Andrew Norris Muza, having
appeared in open court on a petition alleging the defendant to be
in contempt for violating our prior PFA Order, and the defendant
having admitted he did make prohibited calls on July 26, 2004, in
violation of our Order, we do find the defendant to be in
contempt of court. Having so found, on this third violation,
sentence of the court is that the defendant pay any costs
associated with the filing of this petition and that he undergo
imprisonment in the Cumberland County Prison for a period of not
less than thirty days nor more than six months. We give the
defendant credit for time served on this sentence from his arrest
on July 26, 2004. We direct that he undergo supervision of the
Probation office and that he undergo a drug and alcohol
evaluation and comply with any recommendations flowing therefrom.
.4.:4'x' CO?Y FROM RECORD
h"rraof, I her nto set my hand
said urt :t erlisfe, Pa.
d b
Geoffrey McInroy, Esquire\)
Assistant District Attorney
By the Court,
C orc-S offe , P. J.
Yvonne Husic, Esquire
For the Defendant
Jessica Diamondstone, Esquire
MidPenn Legal Services, Inc.
Probation Office
CCP
Victim Services
:mtf
LORI K. CANFIELD : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V. :03-4200 CIVIL TERM
:CHARGE: INDIRECT CRIMINAL
ANDREW NORRIS MUSA :CONTEMPT
IN RE: PAROLE
ORDER BY COURT
AND NOW, August 25, 2004, the defendant is placed on parole
from the Cumberland County Prison effective this date at 1:00 p.m.; parole to
be with supervision.
By -he Court,
L. offer, P.J.
Geoffrey Mclnroy, Esquire
Assistant District Attorney
Yvonne Husic, Esquire
For the Defendant
Jessica Diamondstone, Esquire
MidPenn Legal Services, Inc.
Probation
CCP
Victim Services
VERIFICATION
The above-named PLAINTIFF, Lori K. Canfield, verifies that
the statements made in the above complaint For custody are true
and correct. Plaintiff understands that false statements herein
are made subject to the penalties of 18 Pa. C.S. §4904, relating
to unsworn falsification to authorities.
Date
.
L i K. Can ie d
ANDREW N. MUZA IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V.
LORI K. CANFIELD
Defendant/Petitioner NO: 03-4873 CIVIL TERM
IN CUSTODY-
CERTIFICATE OF SERVICE
I, Jessica Diamondstone, Esquire, of MidPenn Legal Services, attorney for the
Defendant/Petitioner, Lori K. Canfield, hereby certify that I have served a copy of the foregoing
Petition for Contempt and Modification on the following date and in the manner indicated below:
U.S. First Class Mail, Postage Pre-Paid
Yvonne Husic, Esquire
2215 Forest Hills Drive
Suite 35
Harrisburg, PA 17112-1099
MidPenn a< erv?ces, Inc.
Date:
Jessic Diamondstone, Esquire -
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
ANDREW N. MUZA
Plaintiff/Respondent
V.
LORI K. CANFIELD
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 03-4873 CIVIL TERM
IN CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Lori Kay Canfield, Defendant/Petitioner, to proceed in forma au eris.
I, Jessica Diamondstone, attorney for the party proceeding in forma ap uneris, certify that
I believe the party is unable to pay the costs and that I am providing free legal services to the
party.
Je /icaDiZamondstone, Esquire
Grace D'Alo, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
??
J
:_ '. -)
`'
f4
SEP 2 P 200
ANDREW N. MUZA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERL4ND COUNTY, PENNSYLVANIA
NO. 03-4873 CIVIL TERM
V.
LORI KAY CANFIELD,
Defendant
HESS, J. ---
IN CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, this day of S Yt.-6. 2004, upon consideration of
the attached Custody Conciliation Summary eport, it is hrereby ordered and directed as
follows:
1. This Order VACATES all prior Orders related to the custody of the minor
children: Alexia Noel Muza, born January 2, 2003, and Xavier John Muza, born January 2,
2004.
2. Physical Custody. Mother shall have temporary primary physical custody of
the minor children subject to Father's rights of partial custody:
A. Each Tuesday and Thursday evening from 6:30 p.m. to 8:30 p.m.
B. Saturday or Sunday each week for not less than four (4) hours.
C. These visits shall occur with Mother present and shall occur in
public places.
D. Father's custodial schedule shall be suspended in the event that
he becomes incarcerated.
3. The Cumberland County Court of Common Pleas shall retain jurisdiction of
this matter. The parties shall continue to reside in the jurisdiction of this Court. In the event
that Mother desires to relocate outside of Cumberland County, absent written agreement of
Father, Mother will petition the Court and provide not less than thirty (30) days notice of her
intention to relocate. Nothing in this Order shall be construed as to prevent Mother or
Father from leaving Cumberland County with the children for temporary periods in a fashion
consistent with the terms of the custodial schedule.
CIVIL ACTION - LAW
y` V`?f?1'wdiv? 7
8S X01 k?? OG d3S hQ?Z
R3'v'iONOHiG'dd 3H1 AO
3'?1'??-?J31?-1
NO. 03-4873 CIVIL TERM
4. In the event that Alexia wants to call Pap, Father will ask his parents to accept
the telephone call.
5. The parties will contact Parent Works and enroll in their parenting program.
6. For a period of twelve hours before and continuing throughout any period of
supervised visitation or partial custody with the minor child, the parties shall consume no
alcoholic beverages nor possess or use controlled substances whatsoever. The parties shall
likewise ensure, to the extent possible, that the other household members and/or house
guests comply with this prohibition.
7. Father's contact with Mother shall be limited to public, non-harassing contact
in the context of the custodial schedule listed above.
8. In light of the agreement of the parties, the hearing scheduled for October 7,
2004 is CANCELED.
Dist: Yvonne M. Husic, Esquire, 2215 Forest Hills Drive, Suite 35, Harrisburg, PA 17112
Jessica Diamondstone, Esquire, 8 Irvine Row, Carlisle, PA 17013 Go-to
Jaime Rivera, Cumberland County Parole Office, One Courthouse Square, Carlisle, PA 17013 36- y
'
C;_
SEP 2 8 2004
ANDREW N. MUZA,
Plaintiff
V.
LORI KAY CANFIELD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 03-4873 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the Following report:
1. The pertinent information concerning the children who are the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF
Alexia Noel Muza January 2, 2003 Mother
Xavier John Muza January 2, 2004 Mother
2. The parties' third Custody Conciliation Conference was held on September 23,
2004. Present for the conference were: the Father, Andrew N. Muza, and his counsel,
Yvonne M. Husic, Esquire; the Mother, Lori Kay Canfield, and her counsel, Jessica
Diamondstone, Esquire.
3. The Custody Conciliator recommends participation in the Family Violence
Education Program at Reigler, Shienvold & Associates.
4. The parties reached an agreement for a Temporary Order in the form as
attached. Following the Custody Conciliation Conference, counsel and the Conciliator met
with Jaime Rivera, Father's parole officer to explain the plan and to be certain that, in light of
Father's legal circumstances, this would be acceptable in ts-context of his parole. The
Protection from Abuse Order remains in effect until May 2,0(6.
Datef/
Melissa Peel Greevy, Esquire
Custody Conciliator
:236162
Carrucoli & Associates, P.C.
875 Market Street
Suite 200
Lemoyne, PA 17043
(717)761-1274
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ANDREW M. MUZA,
Plaintiff
V.
NO.: 03-4873
CIVIL ACTION - LAW
LORI KAY CANFIELD,
Defendant.
CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW, comes Plaintiff, Andrew N. Muza, by and through his counsel, Carrucoli &
Associates, P.C., and avers the following in support of his Petition:
1. Andrew N. Muza, hereinafter "Father," resides at 155 Salem Church Road, Lot 1,
Mechanicsburg, Cumberland County, Pennsylvania.
2. Lori Kay Canfield, hereinafter "Mother," resides at 4834 East Trindle Road, Apt.
5, Mechanicsburg, Cumberland County, Pennsylvania.
3. The parties are the parents of Alexia Noel Muza, born January 2, 2003, and
Xavier John Muza, born January 2, 2004.
4. The parties were before Custody Conciliator Melissa P. Greevy, Esq., on
September 27, 2004 and entered into a Custody Agreement which was signed by
Carrucoli & Associates, P.C.
875 Market Street
Suite 200
Lemoyne, PA 17043
(717)761-1274
The Honorable Judge Hess as a Temporary Order of Court on September 30,
2004. The Temporary Order of Court is incorporated herein and attached as
Exhibit "A."
5. Mother has been violating the Temporary Order of Court in that she has not
allowed Father to see the children since February 25, 2008. Mother ignores any
and all phone calls from Father or his family when calling to inquire about
Father's custodial periods.
i. Further, Mother has failed to provide Father with any information regarding the
day care or schooling of the minor children and has failed to give him any
information regarding the health or welfare of the minor children.
7. Father continually attempted to obtain the minor children for his periods of partial
physical custody and Mother has ignored his attempts by not answering his phone
calls and failing to return any messages left by Father.
8. Father has no knowledge of the location of the minor children, whether the minor
children are safe or the status of any medical conditions that the minor children
may have.
9. Mother has been investigated by Cumberland County Children and Youth do to
reports that the children were not being taken care of properly.
10. Father requests that this matter, if scheduled for a conciliation, be assigned to a
conciliator other than Melissa P. Greevy, Esq.
Carrucoli & Associates, P.C.
875 Market Street
Suite 200
Lemoyne, PA 17043
(717)761-1274
11. Father is ready, able and willing to be the primary physical custodian of the minor
children and requests this Honorable Court to enter an Order awarding him
primary physical custody and giving Mother periods of partial physical custody.
WHEREFORE, Father requests this Honorable Court to award him primary physical
custody of the two minor children and grant Mother periods of partial physical custody.
Respectfully submitted,
Date: talolm-)
, I yw"'
Cindy rCarruc ociates, P.C.
PA Supreme Court ID 202325
875 Market Street
Lemoyne, PA 17043
(717) 761-1274
VERIFICATION
I, Andrew N. Muza, verify that the statements made in this Petition to Modify 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.
Date: l a
drew N. Muza
Nov 19 08 04:34p
VIRGINIA L FESSLER
1-717-790-9007
P.1
SEP 2 F 200
ANDREW N. MUZA,
Plaintiff
V.
LORI KAY CANFIELD,
Defendant
HESS, J. ---
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4873 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, this 3c-' day of S r?-t?r . 2004, upon consideration of
the attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. This Order VACATES all prior Orders related to the custody of the minor
children: Alexia Noel Muza, born January 2, 2003, and Xavier John Muza, born January 2,
2004.
2. Physical Custody. Mother shall have temporary primary physical custody of
the minor children subject to Father's rights of partial custody:
A. Each Tuesday and Thursday evening from 6:30 p.m. to 8:30 p.m.
B. Saturday or Sunday each week for not less than four (4) hours.
C. These visits shall occur with Mother present and shall occur in
public places.
D. Father's custodial schedule shall be suspended in the event that
he becomes incarcerated.
3. The Cumberland County Court of Common Pleas shall retain jurisdiction of
this matter. The parties shall continue to reside in the jurisdiction of this Court. In the event
that Mother desires to relocate outside of Cumberland County, absent written agreement of
Father, Mother will petition the Court and provide not less than thirty (30) days notice of her
intention to relocate. Nothing in this Order shall be construed as to prevent Mother or
Father from leaving Cumberland County with the children for temporary periods in a fashion
consistent with the terms of the custodial schedule.
Nov 19 08 04:34p
VIRGINIA L FESSLER
NO. 03-4873 CIVIL TERM
1-717-790-9007
p.2
4. In the event that Alexia wants to call Pap, Fattier will ask his parents to accept
the telephone call-
5. The parties will contact Parent Works and enroll in their parenting program.
6. For a period of twelve hours before and continuing throughout any period of
supervised visitation or partial custody with the minor child, the parties shall consume no
alcoholic beverages nor possess or use controlled substances whatsoever. The parties shall
likewise ensure, to the extent possible, that the other household members and/or house
guests comply with this prohibition.
7. Father's contact with Mother shall be limited to public, non-harassing contact
in the context of the custodial schedule listed above.
8. In light of the agreement of the parties, the hearing scheduled for October 7,
2004 is CANCELED.
BY THE COURT:
411j .
i A. Hess, J.
Dist: Yvonne M. Husic, Esquire, 2215 Forest Hills Drive, Subs 35, Harrisburg, PA 17112
Jessica Diamondstone, Esquire, 8 Irvine Row, Carlisle, PA 17013 CA11441
Jaime Rivera, Cumberland County Parole Office, One Courthouse Square, Carlisle, PA 17013
y?. 36
- ? y
Nov 19 08 04:34p
VIRGINIA L FESSLER
1-717-790-9007
p.3
SEP2820uf
ANDREW N. MUZA,
Plaintiff
V.
LORI KAY CANFIELD,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4873 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1215.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the children who are the subject. of this
litigation is as follows:
NAME
Alexia Noel Muza
Xavier John Muza
DATE OF BIRTH
January 2, 2003
January 2, 2004
CURRENTLY IN THE CUSTODY OF
Mother
Mother
2. The parties' third Custody Conciliation Conference was held on September 23,
2004. Present for the conference were: the Father, Andrew N. Muza, and his counsel,
Yvonne M. Husic, Esquire; the Mother, Lori Kay Canfield, and her counsel, Jessica
Diamondstone, Esquire.
3. The Custody Conciliator recommends participation in the Family Violence
Education Program at Reigler, Shienvold & Associates.
4. The parties reached an agreement for a Temporary Order in the form as
attached. Following the Custody Conciliation Conference, counsel and the Conciliator met
with Jaime Rivera, Father's parole officer to explain the plan and to be certain that, in light of
Father's legal circumstances, this would be acceptable in t xt of his parole. The
Protection from Abuse Order remains in effect until May .
Dat
Melissa Peel Greevy, Esquire
Custody Conciliator
:236162
Nov 19 08 04:35p VIRGINIA L FESSLER
t' ED-Ur!LE
CF 1HE PRr1h0 4'-T""-RY
266 SEP 30 Ai 10' 58
r.A
1-717-790-9007 p.4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ANDREW N. MUZA,
Plaintiff
NO.: 03-4873
V.
LORI KAY CANFIELD,
Defendant.
CIVIL ACTION - LAW
CUSTODY
CERTIFICATE OF SERVICE
I, Cindy L. Hribal, Esq., hereby certify that a true and correct copy of the Petition to
Modify Custody was served this date on the below named, by placing same in the United States
mail, certified mail, postage prepaid thereon, addressed as follows:
Lori Kay Canfield
4834 East Trindle Road, Apt. 5
Mechanicsburg, PA 17050
Date:
41n L. , Esq.
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ANDREW N. MUZA IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2003-4873 CIVIL ACTION LAW
LORI KAY CANFIELD
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, December 16, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, January 14, 2009 at 12:00 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. Sunday, Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Q h b? d ° 1 330 8002
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ANDREW N. MUZA, Case No. 2003-4873
PLAINTIFF
V. CIVIL ACTION - LAW
LORI KAY CANFIELD, CUSTODY
DEFENDANT
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance as counsel for the Defendant, LORI KAY
CANFIELD, in the above-referenced case.
HA11tf?R Z. REYNOSA,
Sup. Ct. I.D. No. 81095
Attorney for Defendant
129 E. Market St.,
York, PA 17401
(717) 846-8856
Dated: January 14, 2009
Gamn, HHms, HRRROLD,
SCHAUMANN, FERRO ULP
ATIC mys AT WW
129 EAST MAx%ET STePer
Yo , P? MVA 17401
Two (717) 846-8856
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ANDREW N. MUZA,
PLAINTIFF
V.
LORI KAY CANFIELD,
DEFENDANT
Case No. 2003-4873
CIVIL ACTION - LAW
CUSTODY
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance as counsel for the Defendant, LORI KAY
CANFIELD, in the above-referenced case.
HE T ER Z. REYNOSA, ES IRE
Sup. Ct. I.D. No. 81095
Attorney for Defendant
129 E. Market St.,
York, PA 17401
(717) 846-8856
GR=T, Hmms, HHRROLO,
SCHAUMANN, FFXR0 LLP
ATf RMs AT LAN
129 HAn MAwon ST
Yon, Pr snvm 17401
Tb x (717) 846-8856
Dated: January 14, 2009
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JAS! 2 200967
ANDREW N. MUZA IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2003-489W CIVIL ACTION LAW
LORI KAY CANFIELD
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this z 7 ' day of -1yal-,qil 2009, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated September 30, 2004 is vacated and replaced with this
Order.
2. The Father, Andrew N. Muza, and the Mother, Lori Kay Canfield, shall have shared legal
custody of Alexia Noel Muza, born January 2, 2003 and Xavier John Muza, born January 2, 2004.
Major decisions concerning the Children including, but not necessarily limited to, their health, welfare,
education, religious training and upbringing shall be made jointly by the parties after discussion and
consultation with a view toward obtaining and following a harmonious policy in each Child's best
interest. Neither party shall impair the other party's rights to shared legal custody of the Children.
Neither party shall attempt to alienate the affections of the Children from the other party. Each party
shall notify the other of any activity or circumstance concerning the Children that could reasonably be
expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent
then having physical custody. With regard to any emergency decisions which must be made, the
parent having physical custody of the Child at the time of the emergency shall be permitted to make
any immediate decisions necessitated thereby. However, that parent shall inform the other of the
emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309,
each party shall be entitled to complete and full information from any doctor, dentist, teacher,
professional or authority and to have copies of any reports or information given to either party as a
parent as authorized by statute.
3. The Mother shall have primary physical custody of the Children.
4. The Father shall have partial physical custody of the Children in accordance with the
following schedule:
A. Beginning on Wednesday, January 28, 2009, the Father shall have custody of the
Children every Wednesday from 4:00 p.m. until 8:00 p.m.
B. The Father shall have custody of the Children on Saturday, January 24, 2009 from
9:00 a.m. until 5:00 p.m.
*A
o
C. The Father shall have custody of the Children on Saturday, January 31, Saturday,
February 7, and Saturday, February 14, 2009 from 9:00 a.m. until 7:00 p.m.
D. The Father shall have custody of the Children on Saturday, February 28 from 9:00
a.m. until 7:00 p.m. and on Sunday, March 1, 2009, from 9:00 a.m. until 5:00 p.m.
E. Beginning on Friday, March 13, 2009, the Father shall have custody of the Children
on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. and every Wednesday
from 4:00 p.m. until 8:00 p.m.
5. The parties shall share having custody of the Children on holidays as follows:
A. Christmas: In the event the custodial parent is traveling outside of the area for the
Christmas holiday, the period of custody shall run from December 23 at 9:00 a.m. through December
27 at 7:00 p.m.. In the event the custodial parent is not traveling with the Children outside the area for
the Christmas holiday, the Christmas holiday period of custody shall run from December 24 at 9:00
a.m. until December 26 at 7:00 p.m. In odd-numbered years, the Mother shall have custody of the
Children for Christmas and in even-numbered years, the Father shall have custody of the Children for
the Christmas holiday.
B. Easter: The Easter holiday period of custody shall run from Friday at 5:00 p.m.
through Sunday at 5:00 p.m. In odd-numbered years, the Mother shall have custody of the Children
for the Easter holiday and in even-numbered years, the Father shall have custody of the Children for
the Easter holiday.
C. Thanksgiving: The Thanksgiving holiday period of custody shall run from
Wednesday at 5:00 p.m. through Sunday at 5:00 p.m. In odd-numbered years, the Father shall have
custody of the Children for Thanksgiving and in even-numbered years, the Mother shall have custody
of the Children for the Thanksgiving holiday.
D. Memorial DU/Labor Day: The parent who has custody of the Children on the
weekend immediately proceeding the Memorial Day and Labor Day holidays shall be entitled to retain
custody of the Children through the Monday holiday at 7:00 p.m.
E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the
Children for Mother's Day and the Father shall have custody of the Children for Father's Day from
9:00 a.m. until 5:00 p.m.
F. Children's Birthday: In every year, the parties shall share having custody of the
Children on their birthday.
G. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
6. Unless otherwise agreed between the parties, the parent receiving custody shall be
responsible to provide transportation. The Father shall be present for exchanges of custody when he is
responsible for arranging for another adult to drive while he does not have a license. The Father shall
be responsible to provide all transportation for exchanges of custody on Wednesday, when the Father
shall pick up the Children from daycare and return the Children to the Mother's custody at the end of
his period of custody.
7. The Mother shall authorize the daycare to release the Children to the Father's custody for
his periods of custody and to provide information to the Father, upon the Father's request, concerning
the Children's progress, activities and other information related to daycare. Neither party shall pick up
the Children from daycare during the other parent's period of custody unless agreed by the parties in
advance, or in the event of an emergency concerning the Children, such as illness or injury. The
Mother shall have the first opportunity to respond to the daycare's notification of the
Child's/Children's illness or injury.
8. The Father shall undergo random drug/alcohol testing upon the request of the Mother. The
Mother shall make her request through counsel and the Father shall obtain the drug/alcohol testing
within 24 hours of being notified by his attorney. The Mother shall be responsible to pay the costs of
drug/alcohol testing in advance. The Father shall reimburse the Mother for the cost of any
drug/alcohol testing with a positive result. The parties shall make arrangements for the type of
drug/alcohol testing and the lab where the testing is to be conducted in advance by agreement.
9. For a period of twelve (12) hours before and continuing throughout any period of custody,
the parties shall consume no alcoholic beverages nor possess or use controlled substances. The parties
shall likewise ensure, to the extent possible, that third parties having contact with the Children during
his or her periods of custody comply with this provision.
10. The parties shall exchange custody of the Children in a civil manner in an effort to promote
the Children's emotional well-being.
11. Neither party shall smoke in the presence of the Children in confined spaces, including
indoors or in a motor vehicle during his or her periods of custody. Both parties shall ensure that third
parties having contact with the Children comply with this provision.
12. 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.
13. 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,
K:vi . Hess J.
Z,
cc: Cindy L. Hribal, Esquire—Counsel for Father
./lHeather Z. Reynosa, Esquire - Counsel for Mother
Ila 8/0F
ANDREW N. MUZA IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2003-4+7$$ CIVIL ACTION LAW
'a18y.3
LORI KAY CANFIELD
Defendant IN CUSTODY
Prior Judge: Kevin A. Hess
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
follows:1. The pertinent information concerning the Children who are the subjects of this litigation is as
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Alexia Noel Muza January 2, 2003 Mother
Xavier John Muza January 2, 2004 Mother
2. A custody conciliation conference was held on January 21, 2009, with the following
individuals in attendance: the Father, Andrew N. Muza, with his counsel, Cindy L. Hribal, Esquire,
and the Mother, Lori Kay Canfield, with her counsel, Heather Z. Reynosa, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
JC2 d oZOO �
Date Dawn S. Sunday, Esquire
Custody Conciliator
iL O' : FlC
61: THE P'RO HCNO ARY.
2313 HOV 18 PH 1: 08
CUMBERLAND COUNTY
PENNSYLVANIA
Allison C. Gossett, PA ID No. 314900
Pamela L. Purdy, PA ID No. 85783
Law Office of Pamela L. Purdy, LLC
1820 Linglestown Road
Harrisburg, PA 171.10 '
(717) 221-8303 tel
(717) 221-8403 fax
Allison @purdylawoffice.com
Attorney for Plaintiffs
ANDREW N. MUZA, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 2003-4873
LORI KAY CANFIELD, " : CIVIL ACTION — LAW
Defendant : IN CUSTODY
PETITION FOR CONTEMPT OF CUSTODY ORDER AND FOR COUNSEL FEES
AND NOW, Plaintiff, by and through his counsel, the Law Office of Pamela L.
Purdy, LLC, files this Petition for Contempt of Custody Order and for Counsel Fees, and in
support thereof, avers the following:
1. Petitioner/Plaintiff is Andrew N. Muza (hereinafter referred to as "Father"), an
adult individual who currently resides at 63 West Main Street, Rear, Mechanicsburg,
Cumberland County, Pennsylvania, 17050.
2. Re spondent/Defendant is Lori K. Manivong (Canfield) (hereafter referred to
as "Mother"), an adult individual who currently resides at 208 State Road, Mechanicsburg,
Cumberland County, Pennsylvania, 17050.
3. Mother and Father are the parents of Alexia Noel Muza, age ten (DOB (�
42)33.°1'?d4 c&
ON-1c
g* aggSL-la
01/02/03) and Xavier John Muza, age nine (DOB 01/02/04) (hereinafter"children").
CONTEMPT •
4. The parties are operating under a January 27, 2009 Custody Order. A true
and correct copy of this Order is attached hereto, made a part hereof, and marked as
Exhibit "A".
5. Since the entry of the January 2009 Custody Order, Mother has consistently
violated numerous provisions of the Order.
PHYSICAL CUSTODY
6. Paragraph 4(E) of the parties' Order indicates that Father shall have custody
of the children on alternating weekends from Friday at 5:00 p.m. to Sunday at 5:00 p.m.
and every Wednesday from 4:00 p.m. until 8:00 p.m.
7. Since August 14, 2013, Mother has not allowed Father to exercise any of his
_: custody periods.
8. Specifically, on September 4, 2013, when Father attempted to exercise his
Wednesday custody period, Mother brought the children outside and directed them to tell
Father they did not want to go with him. The parties' daughter, Alexia, held her head down
and looked as if she was going to cry.
9. Mother informed Paternal Grandfather of her intent to withhold these visits
from Father and all members of his family on August 21, 2013, via text message. A true
and correct copy of Mother's August 21, 2013 text message is attached hereto, made a .
part hereof and marked as Exhibit"B".
10. Mother's August 21, 2013 text message further indicated that she would only
resume allowing Father's visits if Father signed a new Custody Stipulation that she
prepared.
•
11. As Father is not willing to sign the stipulation as prepared by Mother,
Father's only opportunities to see and speak to the children since August 14, 2013 have
been at the children's games and practices, and when Mother allows the children to call
him.
CUSTODY EXCHANGES
12. Paragraph 10 of the parties' Order states that the parties shall exchange
custody of the children in a civil manner in an effort to promote the children's emotional
well-being.
13. In addition to the September 4, 2013 incident described in Paragraph 8, on
Saturday, July 13, 2013, Mother arrived at Father's home, during Father's custody period,
and began screaming and trying to force her way into the home.
14. The Mechanicsburg Police were subsequently dispatched to Father's home
after a neighbor heard Mother's screaming and called the police.
ALIENATION OF AFFECTION
15. Paragraph 12 of the parties' Order provides that 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.
16. Mother actively tries to inhibit Father's relationship with the children on a
regular basis.
17. As previously stated, Mother has not allowed Father to exercise any custody
period for over two months, and forced the children to tell Father they did not want to see
him until they became visibly distraught.
18. With regard to the children's extra-curricular activities and special events,
Father almost always receives this information from the parties' children rather than from
Mother.
19. When Mother does provide Father with notice of these events, it is often the
day of the event, when it is too late for Father to rearrange his work schedule.
20. Additionally, Mother discourages the children's interactions and affections for
Father in front of the children.
21. During a recent sporting event, while Father began assisting the parties' son
in putting on his gear, Mother screamed, "What are you doing talking to your Father? Get
your gear on!"
22. The child looked frightened and ran off before Father could finish helping
him.
23. Mother also posts statements on her Facebook account berating Father.
24. These statements are visible to the parties' children via their own Facebook
accounts.
LEGAL CUSTODY
25. Paragraph 2 of the parties' Order provides the parties with shared legal
custody and states that "Each party shall notify the other of any activity or circumstance
concerning the children that could reasonably be expected to be of concern to the other."
26. In addition to Mother's failure to notify Father of all special events and extra-
curricular activities concerning the children, Mother has informed the school that she and
her husband of approximately one (1) year are the only persons to be contacted in the
event of an emergency and that the children may leave with no one but her.
27. As a result of Mother's statements to the school, Father has had to contact
them and explain why he is entitled to report cards, progress reports and other important
information.
28. Mother's recent behaviors are consistent with her past,behavior, which
included withholding the children for a period of eleven months, cancelling a previously
planned and paid for vacation with Father's family, and unilaterally cancelling other visits.
29. Given Mother's willful violations of Paragraphs 2, 4(E), 10 and 12 of this
Court's January 27, 2009 Order of Court, Mother should be found in contempt of this
Order.
COUNSEL FEES
- 30. Father has and will incur unnecessary expenses in the preparation and
presentation of this Petition, evidence of which shall be presented at trial.
31. Pursuant to 23 Pa.C.S. §5339, this Court may award reasonable counsel
fees, costs and expenses where the court finds the conduct of another party was
obdurate, vexatious, repetitive or in bad faith.
32. Mother's demonstrated refusal to comply with this Court's Orders is both
vexatious and in bad faith', and has been repetitive in nature.
WHEREFORE, Petitioner, Andrew N. Muza, respectfully requests that this
Honorable Court enter an Order finding Defendant in Contempt of the parties' January
27, 2009 Order of Court and order Defendant to pay Petitioner's reasonable counsel
fees.
Respectfully submitted,
/ °
amela L. 'urdy
Dated: riNtintia:7- Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing document are true and correct
to the best of my knowledge, information and belief. I understand that false statements
are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification
to authorities.
(:)•`/-9 - 4
Andrew N. Muza
Dated:to/2 7//3
JAN 2 fi 2009
ANDREW N. MUZA ▪ IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. - 2003-48 W CIVIL ACTION LAW
LORI KAY CANFIELD
Defendant ▪ IN CUSTODY
ORDER OF COURT
AND NOW, this z day of a7 , 2009, upon
consideration of the attached Custody Conciliation Report,it is ordered and directed as follows:
1. The prior Order of this Court dated September 30, 2004 is vacated and replaced with this
Order.
2. The Father, Andrew N, Muza, and the Mother, Lori Kay Canfield, shall have shared legal
custody of Alexia Noel Muza, born January 2, 2003 and Xavier John Muza, born January 2, 2004.
Major decisions concerning the Children including, but not necessarily limited to,their health, welfare,
education, religious training and upbringing shall be made jointly by the parties after discussion and
consultation with a view toward obtaining and following a harmonious policy in each Child's best
interest. Neither party shall impair the other party's 'rights to shared legal custody of the Children.
Neither party shall attempt to alienate the affections of the Children from the other party. Each party
shall notify the other of any activity or circumstance concerning the Children that could reasonably be
expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent
then having physical custody. With regard to any emergency decisions which must be made, the
parent having physical custody of the Child at the time of the emergency shall be permitted to make
any immediate decisions necessitated thereby. However, that parent shall inform the other of the
emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309,
each party shall be entitled to complete and full information from any doctor, dentist, teacher,
professional or authority and to have copies of any reports or information given to either party as a
parent as authorized by statute.
3. The Mother shall have primary physical custody of the Children.
4. The Father shall have partial physical custody of the Children in accordance with the
following schedule:
A. Beginning on Wednesday, January 28,-2009, the Father shall have custody of the
Children every Wednesday from 4:00 p.m. until 8:00 p.m.
B. The Father shall have custody of the Children on Saturday, January 24, 2009 from
9:00 a.m. until 5:00 p.m.
EXHIBIT
�
C. The Father shall have custody of the Children on Saturday, January 31, Saturday,
February 7, and Saturday,February 14, 2009 from 9:00 a.m.until 7:00 p.m.
D. The Father shall have custody of the Children on Saturday, February 28 from 9:00
a.m.until 7:00 p.m.and on Sunday,March 1,2009,from 9:00 a.m. until 5:00 p.m.
E. Beginning on Friday, March 13, 2009,the Father shall have custody of the Children
on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. and every Wednesday
from 4:00 p.m. until 8:00 p.m.
5. The parties shall share having custody of the Children on holidays as follows:
A. Christmas: In the event the custodial parent is traveling outside of the area for the
Christmas holiday, the period of custody shall run from December 23 at 9:00 a.m. through December
27 at 7:00 p.m.. In the event the custodial parent is not traveling with the Children outside the area for
the Christmas holiday, the Christmas holiday period of custody shall run from December 24 at 9:00
a.m. until December 26 at 7:00 p.m. In odd-numbered years, the Mother shall have custody of the
Children for Christmas and in even-numbered years, the Father shall have custody of the Children for
the Christmas holiday.
B. Easter: The Easter holiday period of custody shall run from Friday at 5:00 p.m.
through Sunday at 5:00 p.m. In odd-numbered years, the Mother shall have custody of the Children
for the Easter holiday and in even-numbered years, the Father shall have custody of the Children for
the Easter holiday.
C. Thanksgiving: The Thanksgiving holiday period of custody shall run from
Wednesday at 5:00 p.m. through Sunday at 5:00 p.m. In odd-numbered years, the Father shall have •
custody of the Children for Thanksgiving and in even-numbered years, the Mother shall have custody
of the Children for the Thanksgiving holiday.
D. Memorial Day/Labor Day: The parent who has custody of the Children on the
weekend immediately proceeding the Memorial Day and Labor Day holidays shall be entitled to retain .
custody of the Children through the Monday holiday at 7:00 p.m.
E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the
Children for Mother's Day and the Father shall have custody of the Children for Father's Day from.
9:00 a.m.until 5:00 p.m.
F. Children's Birthday: In every year, the parties shall share having custody of the
Children on their birthday. -
-G. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
6. Unless otherwise agreed between the parties, the parent receiving custody shall be
responsible to provide transportation. The Father shall be present for exchanges of custody when he is
responsible for arranging for another adult to drive while he does not have a license. The Father shall
be responsible to provide all transportation for exchanges of custody on Wednesday, when the Father
shall pick up the.Children from daycare and return the Children to the Mother's custody at the end of
his period of custody.
7. The Mother shall authorize the daycare to release the Children to the Father's custody for
his periods of custody and to provide information to the Father, upon the Father's request, concerning
the Children's progress, activities and other information related to daycare. Neither party shall pick up
•
the Children from daycare during the other parent's period of custody unless agreed by the parties in
advance,-or in the event of an emergency concerning the Children, such as illness or injury. The
Mother shall have the first opportunity to respond to the daycare's notification of the
Child's/Children's illness or injury.
8. The Father shall undergo random drug/alcohol testing upon the request of the Mother. The
Mother shall make her request through counsel and the Father shall obtain the drug/alcohol testing
within 24 hours of being notified by his attorney. The Mother shall be responsible to pay the costs of
drug/alcohol testing in advance. The Father shall reimburse the Mother for the cost of any
drug/alcohol testing with a positive result. The parties shall make arrangements for the type of
drug/alcohol testing and the lab where the testing is to be conducted in advance by agreement.
9. For a period of twelve (12) hours before and continuing throughout any period of custody,
the parties shall consume no alcoholic beverages nor possess or use controlled substances. The parties
shall likewise ensure, to the extent possible, that third parties having contact with the Ch ildren during
his or her periods of custody comply with this provision. _
10. The parties shall exchange custody of the Children in a civil manner in an effort to promote
the Children's emotional well-being.
11. Neither party shall smoke in the presence of the Children in confined spaces, including
indoors or in a motor vehicle during his or her periods of custody. Both parties shall ensure that third
parties having contact with the Children comply with this provision.
12. 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.
13. 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, •
Kevi . Hess J.
cc: curdy L.Hribal,Esquire—Counsel for Father
Heather Z.Reynosa,Esquire-Counsel for Mother
1/a$P?
. _ _ . . _ _
•
ANDREW N. MUZA IN THE COURT OF COMMON.PLEAS OF
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
vs. : 2003-40,8 CIVIL ACTION LAW
Yen
•
LORI KAY CANFIELD_
Defendant IN CUSTODY
Prior Judge: -Kevin A. Hess
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
Alexia Noel Muza January 2,2003 Mother.
Xavier John Muza January 2, 2004 Mother
2. A custody conciliation conference was held on January 21, 2009, with the following
individuals in attendance: the Father, Andrew N. Muza, with his counsel, Cindy L. Hribal, Esquire,
and the Mother,Lori Kay Canfield,with her counsel,Heather Z. Reynosa, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date02.0?/ 02009 17
Dawn S. Sunday, Esquire
Custody Conciliator
•
•
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EXHIBIT
1
I r
CERTIFICATE OF SERVICE
'h_
The undersigned certifies that on the CI day of November, 2013, a true
and correct copy of the foregoing Petition for Contempt of Custody Order and for
Counsel Fees was served by first-class mail, postage prepaid, upon the following:
Lori Kay Canfield
208 State Road
Mechanicsburg, PA 17050
0-All 1
Heather J. Aute'Paralegal to
Law Office of 4ela L. Purdy, LLC
ANDREW N. MUZA, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 2003-4873
LORI KAY CANFIELD, : CIVIL ACTION— LAW
Defendant : IN CUSTODY ;= f
CRIMINAL RECORD/ABUSE HISTORY VERIFICATION
c13
I, Andrew N. Muza, hereby swear or affirm, subject to penalties of law - '-�;
c)
including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that ?
1. Unless indicated by my checking the box next to a crime below, neifhe
I nor any other member of my household have been convicted or pled guilty or
pled no contest or was adjudicated delinquent where the record is publicly
available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following
crimes in Pennsylvania or a substantially equivalent crime in any other
jurisdiction, including pending charges:
Check Crime Self Other Date of Sentence
all household conviction,
that member guilty plea,
apply no contest
plea or
Pending
charges
•
18 Pa.C.S. Ch. 25 ❑ ❑
(relating to criminal
homicide)
❑ 18 Pa.C.S. §2702 ❑ 0
(relating to aggravated
assault)
[] 18 Pa.C.S. §2706 ❑ ❑
(relating to terroristic
threats)
❑ 18 Pa.C.S. §2709.1 ❑ ❑
(relating to stalking)
❑ 18 Pa.C.S. §2901 ❑ - ❑
(relating to kidnapping)
I
[] 18 Pa.C.S. §2902 ❑ ❑
(relating to unlawful
restraint)
❑ 18 Pa.C.S. §2903 ❑ ❑
(relating to false
imprisonment)
❑ 18 Pa.C.S. §2910 ❑ ❑
(relating to luring a child
into a motor vehicle or
structure)
❑ . 18 Pa.C.S. §3121 ❑ El
(relating to rape)
❑ 18 Pa.C.S. §3122.1 ❑ ❑
(relating to statutory
•
sexual assault)
[] 18 Pa.C.S. §3123 ❑ ❑
(relating to involuntary
deviate sexual
intercourse)
❑ 18 Pa.C.S. §3124.1 ❑ ❑
(relating to sexual
assault)
❑ 18 Pa.C.S. §3125 ❑ ❑
(relating to aggravated
indecent assault)
❑ 18 Pa.C.S. §3126 ❑ ❑
(relating to indecent
assault)
[] 18 Pa.C.S. §3127 ❑ ❑
(relating to indecent
exposure)
❑ 18 Pa.C.S. §3129 ❑ ❑
(relating to sexual
intercourse with animal)
❑ 18 Pa.C.S. §3130 ❑ ❑
(relating to conduct
relating to sex offenders)
❑ 18 Pa.C.S. §3301 ❑ ❑-
(relating to arson and
related offenses)
❑ 18 Pa.C.S. §4302 ❑ ❑
(relating to incest)
❑ 18 Pa.C.S. §4303 ❑ ❑ -
(relating to concealing •-
death of child)
•
❑ 18 Pa.C.S. §4304 El ❑
(relating to endangering
welfare of children)
❑ 18 Pa.C.S. §4305 ❑ ❑
(relating to dealing in
infant children)
El 18 Pa.C.S. §5902(b) ❑ ❑
(relating to prostitution
and related offenses)
❑ 18 Pa.C.S. §5903(c) or [] ❑
(d)
(relating to obscene and
other sexual materials
and performances)
El 18 Pa.C.S. §6301 ❑ El
(relating to corruption of
minors)
❑ 18 Pa.C.S. §6312 ❑ ❑
(relating to sexual abuse
of children)
❑ 18 Pa.C.S. §6318 CI ❑
(relating to unlawful
contact with minor)
0 18 Pa.C.S. §6320 ❑ ❑
(relating to sexual
exploitation of children)
El 18 Pa.C.S. §6114 ❑ 0
(relating to contempt for
violation of protection
order or agreement) $j 1(019000 —C-011611.1"11+
Driving under the [� ❑ l�l ata?S-Coflhrur'YtLrr4
influence of drugs or ; p-eACL r)
alcohol I_ d"'
❑ Manufacture, sale, El
delivery, holding, offering
for sale or possession of
any controlled substance
or other drug or device
2. Unless indicated by my checking the box next to an item below, neither
I nor any other member of my household have a history of violent or abusive
conduct including the following:
•
Check Self Other Date
all household
that member
apply
❑ A finding of abuse by a Children &Youth ❑ ❑
Agency or similar agency in
• .
•
Pennsylvania or similar statute in
another jurisdiction
Abusive conduct as defined under the ❑
Protection from Abuse Act in
Pennsylvania or similar statute in
another jurisdiction
Q Other: ❑ ❑
•
3. Please list any evaluation, counseling or other treatment recejved
following conviction or finding of abuse.
•
4. If any conviction above applies to a household member, not a party,
state that person's name, date of birth and relationship to the child:
5. If you are aware that the other party or members of the other party's
household has or have a criminal/abuse history, please explain:
I verify that the information above is true and correct to the best of my
knowledge, information or 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.
i nature 17 "7/y/- ----
g
,4nc he vv. N MI'
Printed Name •
•
ANDREW N. MUZA IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIN
V. r-
c -
2003-4873 CIVIL ACTION LAW m=
LORI KAY CANFIELD
IN CUSTODY t2nr
DEFENDANT
ORDER OF COURT >
— -7,
AND NOW, Wednesday,November 20,2013 , upon consideration of the attached Complaint, it is
hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street,Mechanicsburg,PA 17055 on Thursday,December 05,2013 11:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this
cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure
to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief
orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing.
You must file with the Court a verification regarding any criminal record or abuse history regarding you and
anyone living in your household on or before the initial in-person contact with the court(including, but not limited to,
a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition.
No party may make a change in the residence of any child which significantly impairs the ability of the other party
to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and
Pa.R.C.P. No. 1915.17 regarding relocation.
FOR THE COURT,
By: /s/ Dawn S. Sunday, Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with
Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled
individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior
to any hearing or business before the court. You must attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN
ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
�rl
;„a
Quintina M.Laudermilch,Esquire 7
DALEY ZUCKER MEILTON DEC ' tt;
&MINER, LLC L13
635 North 12th Street �i� ) 1v
Lem 101 PENNSYLVANIA
Lemoyne,PA 17043
(717)724-9821
tlaudermilch@dzmmlaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW N. MUZA, : CIVIL ACTION - LAW
Plaintiff
•
NO. 2003-4873
v. •
•
(IN CUSTODY)
LORI KAY CANFIELD,
Defendant
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of Quintina M. Laudermilch, Esquire, as attorney for the
Defendant in the above matter.
Respectfully Submitted,
DALEY ZUCKER MEILTON
& MINER, LLC
�Date: // �.' �� By: (
uint ina M. Laudermilch, Esquire
Attorney I.D. No. 94664
635 North 12th Street
Suite 101
Lemoyne, PA 17043
(717) 724-9821
• Cl r
Fr'
J
Quintina M.Laudermilch,Esquire
DALEY ZUCKER r,
MEILTON&MINER, LLC Ems' -J 1,„, �'` 14
635 North 12th Street _
1
Suite 101 " 10�;1' \ %11€:J ..1 7
.� �, A
Lemoyne,PA 17043 o •• {
(717)724-9821
tlaudermilch@dzmmlaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW N. MUZA, •
Plaintiff : No. 2003-4873 (Civil Term)
v. : CIVIL ACTION—LAW
LORI K. MANIVONG, : (In Custody)
Defendant
DEFENDANT'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S PETITION FOR
CONTEMPT OF CUSTODY ORDER AND FOR COUNSEL FEES
AND NOW COMES, Defendant, LORI K. MANIVONG, by and through her
undersigned counsel, and files the following Answer and Counterclaim to Plaintiff's Petition for
Contempt of Custody Order and for Counsel Fees, and in support thereof, avers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied as a conclusion of law to which no responsive pleading is required. To the
extent that a responsive pleading is required, it is specifically denied that since the
January 2009 Custody Order, Mother has consistently violated numerous provisions
of the Order. By way of further answer, Mother believes and therefore avers that
Father has consistently violated paragraph nine (9) of the January 2009 Order of
Court relating to the prohibition of alcohol consumption prior to and during visits.
6. Admitted.
7. Admitted in part, denied in part. It is admitted that Father has not exercised his
custody periods outlined in the parties January 2009 Order of Court. It is denied that
Mother is withholding custody. Mother further believes and therefore avers that
Father has been intoxicated during his custodial visits and transported Alexia while
intoxicated. As a result, Mother requested that Father's visits occur supervised by his
parents, to which Father refused. By way of further answer, Father was recently
charged with DUI which increases Mother's concern for the safety of the children
when they are in Father's custody.
8. Admitted in part, denied in part. It is admitted that upon Father's arrival on
September 4, 2013 the children expressed their concerns with Father's drinking and
feelings of being unsafe in his care. It is denied that Mother directed the children to
tell Father anything.
9. Admitted in part, denied in part. It is admitted that Mother informed Paternal
Grandfather of her desire to modify the custody schedule. It is specifically denied that
Mother informed Paternal Grandfather she intended to withhold visits from all
members of his family. By way of further answer, Father recently plead guilty to
harassment against Mother. Mother further believes and therefore avers that Father
has been intoxicated during his custodial visits and transported Alexia while
intoxicated. As a result, Mother requested that Father's visits occur supervised by his
parents, to which Father refused. By way of further answer, Father was recently
charged with DUI which increase Mother's concern for the safety of the children
when they are in Father's custody. Any modification of the custody schedule by
Mother was due to safety concerns for the children.
10. Denied. The text of the exhibit speaks for itself and any characterization thereof is
denied. By way of further answer, due to Father's violent behavior and alcoholism
Mother sought to modify their current custody agreement to supervised visitation for
Father. Mother drafted a proposed modification to the current custody order, which
Father agreed to sign via text. Any modification of the custody schedule by Mother
was due to safety concerns for the children.
11. Denied. It is specifically denied that Father's only opportunities to see and speak to
the children since August 14, 2013 have been at the children's games and practices,
and when Mother allows the children to call him. By way of further answer, Father
has only attended one practice at which he caused a scene and Father does not attempt
to call or speak to the children other than their attempts to call him.
12. Admitted.
13. Denied. It is specifically denied that On Saturday, July 13, 2013, Mother arrived at
Father's home during Father's custody period and began screaming and trying to
force her way into the home. By way of further answer, on or about July 27, 2013,
Mother stopped by Father's home to check on the parties daughter, Alexia, due to
concerns Father was intoxicated and transported Alexia while intoxicated. When
Mother arrived at Father's home he refused Mother access to the child, was clearly
intoxicated, and physically assaulted Mother in front of the children. As a result
Father was charged with and plead guilty to harassment.
14. Admitted. By way of further answer, Father was charged and plead guilty to
harassment as a result of the incident in question.
15. Admitted.
16. Denied. It is specifically denied that Mother actively tries to inhibit Father's
relationship with the children on a regular basis. By way of further answer, Mother
continually tries to promote Father's relationship with the children despite his
inability to remain sober; however, Mother will not place the children in a situation
that will compromise their safety.
17. Admitted in part, denied in part. It is admitted that the children have expressed their
concerns with Father's drinking and feelings of being unsafe in his care to both
Mother and Father. It is denied that Mother directed the children to tell Father
anything. By way of further answer, Father was recently charged with DUI which
only increased Mother's concern for the safety of the children. Any modification of
the custody schedule by Mother was due to safety concerns for the children.
18. Denied. It is specifically denied Father almost always receives the information
regarding extra-curricular activities and special events from the children rather than
Mother. By way of further answer Mother keeps Father adequately informed of
activities and events. Further, Father has access to all the information regarding extra-
curricular activities and special events.
19. Denied. Mother is without information sufficient to form a belief as to the truth of the
matter asserted and strict proof thereof is demanded at the time of trial.
20. Denied. It is specifically denied that Mother discourages the children's interactions
and affections for Father in front of the children. By way of further answer, Mother
continually tries to promote Father's relationship with the children despite his
inability to remain sober; however, Mother will not place the children in a situation
that will compromise their safety.
21. Admitted in part denied in part. It is admitted that Father was assisting the parties'
son in putting on his sporting gear. It is denied that Mother screamed at anyone. By
way of further answer, the parties son was running late for practice and Mother was
simply encouraging him to get on the field to join the group.
22. Denied. Mother is without information sufficient to form a belief as to the truth of the
matter asserted and proof thereof is demanded at the time of trial.
23. Denied. Mother is without information sufficient to form a belief as to the truth of the
matter asserted and proof thereof is demanded at the time of trial.
24. Denied. Mother is without information sufficient to form a belief as to the truth of the
matter asserted and proof thereof is demanded at the time of trial.
25. Admitted.
26. Denied. Mother is without information sufficient to form a belief as to the truth of the
matter asserted and proof thereof is demanded at the time of trial. By way of further
response, the parties share legal custody and Father can contact the school directly for
any information regarding the children.
27. Denied. Mother is without information sufficient to form a belief as to the truth of the
matter asserted and strict proof thereof is demanded at the time of trial.
28. Denied. Mother is without information sufficient to form a belief as to the truth of the
matter asserted and proof thereof is demanded at the time of trial.
29. Denied as a conclusion of law to which no responsive pleading is required.
30. Denied. Mother is without information sufficient to form a belief as to the truth of the
matter asserted and proof thereof is demanded at the time of trial.
31. Denied as a conclusion of law to which no responsive pleading is required.
32. Denied as a conclusion of law to which no responsive pleading is required.
WHEREFORE, Defendant respectfully requests this Honorable Court deny
Plaintiff's Petition for Contempt and Counsel Fees.
DEFENDANT'S COUNTERCLAIM FOR
CONTEMPT, MODIFICATION,AND COUNSEL FEES
33. Paragraphs one (1)through thirty two (32) are incorporated herein by reference.
34. The Parties are currently exercising custody under a Court Order dated January 27,
2009.
35. Paragraph nine (9) of the January 27, 2009 states, "For a period of twelve (12) hours
before and continuing throughout any period of custody, the parties shall consume no
alcoholic beverages nor possess or use any controlled substances. The parties shall
likewise ensure, to the extent possible, that third parties having contact with the
Children during his or her periods of custody comply with this provision."
36. Father has continually violated the no alcohol consumption provision in the January
27, 2009 Court Order.
37. Mother believes and therefore avers Father regularly drinks alcohol before and during
his custodial time with the children.
38. Further, Mother believes and therefore avers Father drives under the influence of
alcohol with the children in the car.
39. Mother is seeking primary legal and physical custody of the parties' children subject
to Father's periods of supervised partial physical custody on a schedule consistent
with the best interest of the child.
40. Father has been arrested on at least four (4) different occasions for offenses including
harassment and driving under the influence. Copies of the criminal court dockets are
attached hereto as Exhibit "A" and incorporated herein by reference.
41. Most recently, Mother believes and therefore avers that Father was arrested on
September 9, 2013, for driving under the influence, his fifth criminal offense
stemming from his alcohol consumption and his fourth DUI.
42. Mother believes and therefore avers that one (1) of the charges is currently pending
before the Court of Common Pleas of Cumberland County and Father has the
potential to serve jail time as a result of this offense.
43. Further, on July 27, 2013, Mother stopped by Father's home to check on her daughter
due to concerns Father was intoxicated and transported the parties daughter while
intoxicated. When Mother arrived at Father's home he refused Mother access to the
child, was clearly intoxicated, and physically assaulted Mother. As a result Father
was charged and plead guilty to harassment.
44. Mother believes and therefore avers that Father is an alcoholic and has repeatedly
requested he seek treatment which he refuses.
45. The children have stated to Mother that they have concerns for their safety when they
are with Father due to his excessive consumption of alcohol.
46. It is believed and therefore averred, Father passes out due to alcohol consumption
during his custodial time with the children leaving them to care for themselves.
47. Given Father's alcohol abuse and past and current criminal history, Mother is
concerned for the safety and wellbeing of the children when in Father's custody.
48. Pursuant to 23 Pa. C.S.A. §5329, Mother is requesting an evaluation be completed to
determine whether or not Father poses a threat of harm to the children.
49. Mother is requesting that Father also submit to a drug and alcohol evaluation and to
follow all recommendations of said evaluation.
50. Mother is seeking to modify the current custody order and is requesting that she be
granted sole legal custody of the children and that Father have supervised contact
with the children pending further order of court.
51. Mother is requesting that Father reimburse Mother for the counsel fees and costs she
has incurred in responding to Plaintiffs Petition for Contempt and Counsel Fees.
52. 23 Pa.C.S. 5339 states as follow:
"Under this chapter, a court may award reasonable interim or final counsel fees,
costs and expenses to a party if the court finds that the conduct of another party
was obdurate, vexatious, repetitive or in bad faith."
53. Mother believes and therefore avers that Father is acting in bad faith by filing the
Petition for Contempt and Counsel Fees.
WHEREFORE, Defendant respectfully requests this Honorable Court modify the
January 27, 2009 custody order as follows:
a. Enter an Order finding Plaintiff in Contempt of the Parties January 27, 2009
Custody Order;
b. Granting Defendant sole legal custody and primary physical custody with
Plaintiff exercising periods of supervised visits on a schedule that is in the
best interest of the minor children;
c. Order Plaintiff to submit to an evaluation pursuant to 23 Pa.C.S. §5329;
d. Order Plaintiff to submit to a Drug and Alcohol Evaluation and to follow all
recommendations of said evaluation; and
e. Order Plaintiff to pay Petitioner's reasonable counsel fees.
Respectfully submitted,
DALEY ZUCKER MEILTON
& NER, LLC
Date: _ By: a„/,,,m
uintina M. Laudermilch, Esquire
Attorney I.D. #94664
Daley Zucker Meilton& Miner, LLC
635 N. 12th Street, Suite 101
Lemoyne, PA 17043
(717) 724-9821
Attorney for Defendant, Lori K Manivong
VERIFICATION
I, Lori K. Manivong, verify that the statements made in the foregoing document are true
and correct. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904, relating to unsworn falsification to authorities.
Date: /3 MWV. 2113 Yom, jicr
ri K. Manivong
Exhibit "A"
Magisterial District Judge 09-3-04
Docket Number: MJ-09304-CR-0000475-2013
+P Criminal Docket
c 1 r�l Ai�
Commonwealth of Pennsylvania
v.
Andrew Norris Muza
.rs� "► r Ivy, Page e 1 of 2
� ,
r �� ,, ::.. i sEJ #off i3 j,•.
JudgeAssianed_ Magisterial District Judge Paula P. Issue Date: 09/11/2013
Correa)
OTN: L 811308-1 File Date: 09/11/2013
Arresting Agency: Hampden Township Police Dept Arrest Date:
Complaint/Incident#: HAM20130900345 Disposition: Waived for Court
County: Cumberland Disposition Date: 10/18/2013
Township: Hampden Township Case Status: Closed
ie't • STATUS"INFORMAtlON •
Case Status Status Date Processing Status
Closed 10/23/2013 Case Transferred to Court of Common Pleas
10/18/2013 Completed
09/11/2013 Awaiting Preliminary Hearing
R�EN'1
Case Calendar Schedule Schedule
Event Type Start Date Start Time Room Judge Name Status
Preliminary Hearing 10/18/2013 9:15 am Magisterial District Judge Paula Scheduled
P.Correa)
Formal Arraignment 12/19/2013 9:00 am Jury Assembly Room Scheduled
Name: Muza,Andrew Norris Sex: Male
Date of Birth: 05/02/1976 Race: White
Address(es):
Home
Mechanicsburg,PA 17055
Advised of His Right to Apply for Assignment of Counsel? Yes
Public Defender Requested by the Defendant? Yes
Application Provided for Appointment of Public Defender? Yes
Has the Defendant Been Fingerprinted? Yes
Participant Tvpe Participant Name
Arresting Officer Julseth,Jason Wayne
Defendant Muza,Andrew Norris
MDJS 1200 Printed:12/04/2013 3:15 pm
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check,which can only be
provided by the Pennsylvania State Police.Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
Magisterial District Judge 09-3-04
r• T ET
K
Docket Number: MJ-09304-CR-0000475-2013
Criminal Docket
Commonwealth of Pennsylvania
<.� Andrew Norris Muza
Page 2 of 2
2.., . _.... BAIL
Bail Set:
Bail Action Type Bail Action Date Bail Type Percentage Amount
Set 10/18/2013 ROR ,� $0.00
#Charge Grade Description Offense Dt. Disposition
1 75§3802§§A1* DUI:Gen Imp/Inc of Driving Safely-1st Off 09/09/2013 Waived for Court
I IPFO'�$ IONt l �lwr{ Il ��(
Case Disposition Disposition Date Was Defendant Present?
Waived for Court 10/18/2013 Yes
Offense Seq./Description Offense Disposition
1 DUI:Gen Imp/Inc of Driving Safely-1st Off Waived for Court
3 ATTORNEY INFORMATION
3� ". :-_ .; _. . ..._':
Public Defender
Name: Sean Martin Owen,Esq.
Representing: Muza,Andrew Norris
Counsel Status: Active
Supreme Court No.: 314167
Phone No.: 717-240-6484
Address: Cumberland CO Pd's Office
1 Courthouse Sq
Carlisle,PA 17103
Filed Date Entry Filer Applies To
10/18/2013 Waiver of Preliminary Hearing Sean Martin Owen,Esq. Andrew Norris Muza,Defendant
10/18/2013 Waived for Court Magisterial District Judge Paul M Andrew Norris Muza,Defendant
Fegley
10/02/2013 First Class Summons Accepted Magisterial District Court 09-3-04 Andrew Norris Muza,Defendant
09/13/2013 Certified Summons Accepted Magisterial District Court 09-3-04 Andrew Norris Muza,Defendant
09/11/2013 Summons Issued Magisterial District Court 09-3-04 Andrew Norris Muza,Defendant
09/11/2013 Certified Summons Issued Magisterial District Court 09-3-04 Andrew Norris Muza,Defendant
09/11/2013 Criminal Complaint Filed Magisterial District Court 09-3-04
09/11/2013 First Class Summons Issued Magisterial District Court 09-3-04 Andrew Norris Muza,Defendant
MDJS 1200 Page 2 of 2 Printed:12/04/2013 3:15 pm
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check,which can only be
provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
•
Magisterial District Judge 12-3-03
.. , . DOCK .
Docket Number: MJ-12303-CR-0000278-2004
a� k
Criminal Docket
y Commonwealth of Pennsylvania
v.
F 14,(Z Y ? { Andrew Norris Muza
Page 1 of 3
�33ll 33� ,✓��T� 3 e �.5'x _ .�r 3r i
.., PASS i+ x'7wb7�
A INFORMATION .,_�
Judge Assigned: Magisterial District Judge William C. Issue Date: 09/17/2004
Wenner
OTN: L 207648-0 File Date: 09/17/2004
Arresting Agency: Lower Paxton Township Police Dept Arrest Date:
Complaint/Incident#: NONE Disposition: Waived for Court
County: Dauphin Disposition Date: 11/15/2004
Township: Lower Paxton Township Case Status: Closed
, STATUS INFORMATION '
Case Status Status Date Processing Status
Closed 11/15/2004 Completed
10/19/2004 Awaiting Preliminary Hearing
09/22/2004 Awaiting Preliminary Hearing
09/17/2004 Awaiting Preliminary Hearing
. 3 CALENDAR
Case Calendar Schedule Schedule
Event Type Start Date Start Time Room Judge Name Status
Preliminary Hearing 10/21/2004 10:00 am Courtroom:MDJ-12-3-03 Magisterial District Judge Continued
William C.Wenner
Preliminary Hearing 11/15/2004 3:00 pm Courtroom:MDJ-12-3-03 Magisterial District Judge Scheduled
William C.Wenner
a �GCI'll"FEY ,�- ,ID#�,s .,i x'.. ...✓. �''�.(..
Name: Muza,Andrew Norris
Sex: Male
Date of Birth: 05/02/1976 Race: White
Address(es):
Other
Camp Hill,PA 17011
Advised of His Right to Apply for Assignment of Counsel? No
Public Defender Requested by the Defendant? Yes
Application Provided for Appointment of Public Defender? Yes
Has the Defendant Been Fingerprinted? No
;x AS PARTICIPANTS 3 3
Participant Type Participant Name
Defendant Muza,Andrew Norris
Arresting Officer Puchalski,Timothy D
MDJS 1200 Printed:12/04/2013 3:15 pm
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check,which can only be
provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
•
Magisterial District Judge 12-3-03
•
Docket Number: MJ-12303-CR-0000278-2004
Criminal Docket
Commonwealth of Pennsylvania
v.
Andrew Norris Muza
Page 2 of 3
t rata
BAIL. ; u.
Bail Set:
Bail Action Type Bail Action Date Bail Type Percentage Amount
Set 11/15/2004 ROR $0.00
Bail Posted:
Surety Type Surety Name Posting Status Posted Dt Security Type Security Amt
Self Muza,Andrew Norris Posted 11/15/2004 Bond Signature $0.00
17 Sussex Road Camp Hill,PA 17011
Bail Deoositor(s):
Depositor Name Amount •
2:`� �. ..,° ` .�iw.,^ } R.., .,` v..... �. •• m 'OlARo
#Charge Grade Description Offense Dt. Disposition
1 75§3802§§A1* M DUI:Gen Imp/Inc of Driving Safely-1st Off 09/12/2004 Waived for Court
DISPOSI 'ION/':SENTENCING DETAIL a
Case Disposition Disposition Date Was Defendant Present?
Waived for Court 11/15/2004 Yes
Offense Seq./Description Offense Disposition
1 DUI:Gen Imp/Inc of Driving Safely-1st Off Waived for Court
Private District Attorney
Name: Bernard L.Coates Jr.,Esq. Name: Dauphin County District Attorney's Office
Representing: Muza,Andrew Norris Representing: Commonwealth of Pennsylvania
Counsel Status: Active Counsel Status: Active
Supreme Court No.: 044686 Supreme Court No.:
Phone No.: 717-541-1129 Phone No.: 717-780-6767
Address: Ste 37 Address: Dauphin Cnty Courthouse
2215 Forest Hills Dr Front&Market Sts
Harrisburg,PA 17112-1099 Harrisburg,PA 17101
MDJS 1200 Page 2 of 3 Printed:12/04/2013 3:15 pm
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check,which can only be
provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
Magisterial District Judge 12-3-03
Docket Number: MJ-12303-CR-0000278-2004
a•
R, Criminal Docket
;`i��� `� '`• 'vfs$�, Commonwealth of Pennsylvania
v.
N 1` Andrew Norris Muza
°'`7 Page 3 of 3
.: DO ENTRY INFO TIO r_'' Q
Filed Date Entry Filer Applies To
11/15/2004 Waiver of Preliminary Hearing Andrew Norris Muza,Defendant
11/15/2004 Waived for Court Magisterial District Judge William C. Andrew Norris Muza,Defendant
Wenner
09/25/2004 Certified Summons Accepted Magisterial District Court 12-3-03 Andrew Norris Muza,Defendant
09/22/2004 Summons Issued Magisterial District Court 12-3-03 Andrew Norris Muza,Defendant
09/22/2004 Certified Summons Issued Magisterial District Court 12-3-03 Andrew Norris Muza,Defendant
09/17/2004 Criminal Complaint Filed Magisterial District Court 12-3-03 Andrew Norris Muza,Defendant
MDJS 1200 Page 3 of 3 Printed:12/04/2013 3:15 pm
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check,which can only be
provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
Magisterial District Judge 09-3-04_,�•
Docket Number: MJ-09304-CR-0000060-2000
Criminal Docket
� � <, ;•„ Commonwealth of Pennsylvania
f v.
Andrew Norris Muza
Page 1 of 3
CASE INFORMATICS
Judge Assigned: Magisterial District Judge Paula P. Issue Date: 02/23/2000
Correa)
OTN: L 054529-6 File Date: 02/23/2000
Arresting Agency: Arrest Date: 01/28/2000
ComplainUlncident#: NONE Disposition: Held for Court
County: Cumberland Disposition Date: 03/22/2000
Township:, Hampden Township Case Status: Closed
QQr�
Y vl INF01'2M VI!
Case Status Status Date Processing Status
Closed 03/22/2000 Completed
02/24/2000 Awaiting Preliminary Hearing
02/23/2000 Awaiting Preliminary Arraignment
3 3 -
- ,.. .. CALENDAR EVENTS
,x
Case Calendar Schedule Schedule
Event Type Start Date Start Time Room Judge Name Status
Preliminary Hearing 03/22/2000 2:30 pm Courtroom:MDJ-09-3-04 Magisterial District Judge Scheduled
Thomas A. Placey
‘DE ENDANT'INFORM:4TI0 y'
Name: Muza,Andrew Norris
Sex: Male
Date of Birth: 05/02/1976 Race: White
Address(es):
Other
Camp Hill,PA 17011
Advised of His Right to Apply for Assignment of Counsel? No
Public Defender Requested by the Defendant? Yes
Application Provided for Appointment of Public Defender? Yes
Has the Defendant Been Fingerprinted? No
/y'� [
CIA PART1C[PANT
Participant Type Participant Name
Defendant Muza,Andrew Norris
Arresting Officer Steager,Beron F
MDJS 1200 Printed:12/04/2013 3:16 pm
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check,which can only be
provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
Magisterial District Judge 09-3-04
Docket Number: MJ-09304-CR-0000060-2000
► mow:
Criminal Docket
� °� Commonwealth of Pennsylvania v.
Andrew Norris Muza
Page 2 of 3
RA,IL..
Bail Set:
Bail Action Type Bail Action Date Bail Type Percentage Amount
Set 03/22/2000 ROR $0.00
Bail Posted:
Surety Type Surety Name Posting Status Posted Dt Security Type Security Amt
Self Muza,Andrew Norris Posted 03/22/2000 Bond Signature $0.00
46033 Hampden Ave.Camp Hill,PA 17011
Bail Depositor(s):
Depositor Name Amount
#Charge Grade Description Offense Dt. Disposition
1 75§3731 §§A1' M2 Driving Under The Influence Of Alcohol 01/28/2000 Held for Court
2 75§3361 S Driving At Safe Speed 01/28/2000 Held for Court
3 75§3309§§1 S Disregard Traffic Lane(Single) 01/28/2000 Held for Court
4 75§3714 S Careless Driving 01/28/2000 Held for Court
z `Y D[SPOS ION t SE.104NCtNO17 TAILS i
Case Disposition Disposition Date Was Defendant Present?
Held for Court 03/22/2000 Yes
Offense Seq./Description Offense Disposition
1 Driving Under The Influence Of Alcohol Held for Court
2 Driving At Safe Speed Held for Court
3 Disregard Traffic Lane(Single) Held for Court
4 Careless Driving Held for Court
ATT6RNEY INt4D1'RM' k '
District Attorney Address: 1 Courthouse Sq
Name: Cumberland County District Attorney's Office Ste 202
Carlisle,PA 17013
Representing: Commonwealth of Pennsylvania
Counsel Status: Active
Supreme Court No.:
Phone No.: 717-240-6210
MDJS 1200 Page 2 of 3 Printed:12/04/2013 3:16 pm
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check,which can only be
provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
Magisterial District Judge 09-3-04
„1,!;,;;-!, , DOCKET
Docket Number: MJ-09304-CR-0000060-2000
Criminal Docket
`�r � � "��, �?; Commonwealth of Pennsylvania
v.
Andrew Norris Muza
` ter'' °t• .<7 , .
Page 3 of 3
S fi litiCkETOORY' ATIo ,i, ,
Fileu Date Entry Filer Applies To
03/22/2000 Held for Court Magisterial District Judge Thomas A. Andrew Norris Muza,Defendant
Placey
02/29/2000 Subpoena Issued via Hand Delivery Magisterial District Court 09-3-04 Restricted Participant
02/24/2000 Summons Issued Magisterial District Court 09-3-04 Andrew Norris Muza,Defendant
02/24/2000 Certified Summons Issued Magisterial District Court 09-3-04 Andrew Norris Muza,Defendant
02/24/2000 Certified Summons Accepted Magisterial District Court 09-3-04 Andrew Norris Muza,Defendant
02/23/2000 Criminal Complaint Filed Magisterial District Court 09-3-04 Andrew Norris Muza,Defendant
MDJS 1200 Page 3 of 3 Printed:12/04/2013 3:16 pm
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check,which can only be
provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
Magisterial District Judge 09-3-05
Docket Number: MJ-09305-NT-0000516-2013
" 4 ,,.r= Non-Traffic Docket
Commonwealth of Pennsylvania
v.
Andrew Muza
Page 1 of 2
• 5
Judge Assigned: Magisterial District Judge Mark Martin Issue Date:
OTN: File Date: 09/12/2013
Arresting Agency: Mechanicsburg Police Dept Arrest Date:
Citation#: P 9009554-1 Disposition: Guilty Plea
County: Cumberland Disposition Date: 10/25/2013
Township: Mechanicsburg Boro Case Status: Closed
• �� 'STATUS INFORMATION
Case Status Status Date Processing Status
Closed 10/25/2013 Completed
10/25/2013 Case Disposed/Penalty Imposed
10/25/2013 Awaiting Sentencing
10/25/2013 Case Balance Due
09/12/2013 Awaiting Plea
Name: Muza,Andrew Sex: Male
Date of Birth: 05/02/1976 Race: White
Address(es):
Home
Mechanicsburg,PA 17055
.._ cA 3PA0 'RtAN 1�•
Participant Type Participant Name
Arresting Officer Lepka,Leah M
Defendant Muza,Andrew
HAi GES .
#Charge Grade Description Offense Dt. Disposition
1 18§2709§§A1 S Harassment-Subject Other to Physical Contact 07/27/2013 Guilty Plea
Case Disposition Disposition Date Was Defendant Present?
Guilty Plea 10/25/2013 Yes
Offense Seq./Description Offense Disposition
1 Harassment-Subject Other to Physical Contact Guilty Plea
MDJS 1200 Printed:12/04/2013 3:18 pm
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check,which can only be
provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
Magisterial District Judge 09-3-05
Oc tir �:-
`" Docket Number: MJ-09305-NT-0000516-2013
�- .. -,,, Non-Traffic Docket
f / ��
�,�r�F �.�,�„ ��, . Commonwealth of Pennsylvania
`^� "' 3 V.
` ,,,K*-19-- ' 'a,..' Andrew Muza
Nys° N;. ,r --r Page 2 of 2
argt-:iii: 3,;k ,•.; '' IIYINFORMAT1DN j, is
Filed Date Entry
Filer Applies To
10/25/2013 Guilty Plea Magisterial District Judge Mark Andrew Muza,Defendant
Martin
10/01/2013 Subpoena Issued via Hand Delivery Magisterial District Court 09-3-05 Restricted Participant
09/25/2013 Summons Cancelled Magisterial District Court 09-3-05 Andrew Muza,Defendant
09/18/2013 Summons Issued Magisterial District Court 09-3-05 Andrew Muza,Defendant
09/18/2013 First Class Summons Issued Magisterial District Court 09-3-05 Andrew Muza,Defendant
09/12/2013 Non-Traffic Citation Filed Magisterial District Court 09-3-05
,' .u.,, kki ...... zn OASE FINANCIAL INFORMATION ,€ s
Case Balance: $0.00 Next Payment Amt:
Last Payment Amt: Next Payment Due Dt:
Non-Monetary
Assessment Type Assessment Amt Adiustment Amt Payment Amt Payment Amt Balance
Crime Victims Compensation(Act 96 of 1984) $35.00 $0.00 $0.00
($35.00) $0.00
Title 18-Payable to Municipality $25.00 $0.00 $0.00
($25.00) $0.00
Victim Witness Service(Act 111 of 1998) $25.00 $0.00 $0.00
($25.00) $0.00
ATJ $3.00 $0.00 $0.00
($3.00) $0.00
CJES $2.25 $0.00 $0.00
($2.25) $0.00
Commonwealth Cost-HB627(Act 167 of $8.25 $0.00 $0.00 ($8.25) $0.00
1992)
County Court Cost(Act 204 of 1976) $30.50 $0.00 $0.00
($30.50) $0.00
JCPS
$10.25 $0.00 $0.00 ($10.25) $0.00
Judicial Computer Project $8.00 $0.00 $0.00 ($8.00) $0.00
State Court Costs(Act 204 of 1976) $8.25 $0.00 $0.00
($8.25) $0.00
Postage-Case $7.00 $0.00 $0.00 ($7.00) $0.00
Domestic Violence Compensation(Act 44 of $10.00 $0.00 $0.00 ($10.00) $0.00
1988)
MDJS 1200 Page 2 of 2 Printed:12/04/2013 3:18 pm
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check,which can only be
provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.)may be subject to civil liability as set forth in 18 Pa.C.S.Section 9183.
CERTIFICATE OF SERVICE
I, Ashley Nelms, Paralegal to Quintina M. Laudermilch, hereby certify that on this
day of December, 2013, a true and correct copy of the foregoing document was served
on counsel for the Plaintiffs by forwarding same via mail, postage prepaid, addressed as follows:
Pamela L. Purdy, Esquire
Law Office f Pamela L. Purdy, LLC
1820 Linglestown Road
Harrisburg, PA 17110
Attorney for Plaintiff
Ashley Nelms
ANDREW N. MUZA IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 2003-4873 CIVIL ACTION LAW
LORI KAY CANFIELD =
Defendant IN CUSTODY rnw _
X..
zz
J�
to r-
CD
ORDER OF COURT
--j cn }
AND NOW, this Z day of _C _ 2014, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated January 27, 2009 shall continue in effect as modified by
this Order.
2. The parties shall make arrangements for the Children to participate in counseling with a
professional selected by agreement between the parties. The purpose of the counseling shall be to
assess the Children's emotional well-being in light of the issues and conflicts which have arisen in the
custodial situation and to provide guidance to the parents, which may include expanding the Children's
counseling to family counseling or recommendations for further individual or co-parenting counseling
for the parents. The Mother shall make the initial scheduling arrangements and advise the Father of
the Children's appointments by text message. The parties shall share any unreimbursed costs of the
counseling in accordance with the existing support order.
3. The Father's periods of partial custody on alternating weekends and Wednesdays shall be
supervised by the paternal grandparents. In the event the Father will be unavailable during any portion
of a period of the Wednesday custodial period, the Father shall advise the Mother with as much
advance notice as possible and the Wednesday period of custody may be rescheduled by agreement
between the parties, but shall not take place on the Wednesday when the Father will not be present for
the entire period. In the event the Father will be unavailable due to employment or other exigent
circumstances during a portion of a weekend period of custody, the Children may remain with the
paternal grandparents unless otherwise agreed between the parties.
4. The Mother shall ensure that the Children's passwords to their Facebook accounts are only
known by the Mother and her husband so that only the Mother or her husband can sign the Children on
to Facebook.
5. The Mother's request for the Section 5329 Risk Assessment evaluation is reserved pending
receipt and acceptance of the drug and alcohol evaluation results from the drug court program.
6. No party shall be permitted to relocate the residence of the Child which significantly impairs
the ability to exercise custody unless every individual who has custodial rights to the Child consents to
the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate
MUST comply with 23 Pa. C.S. § 5337.
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,
✓/ ' 17
Ke7.4ess J.
cc:
XP
mela L. Purdy Esquire —Counsel for Father
./Quintina Laudermilch Esquire—Counsel for Mother
yes Ca'-'
LfAq
ANDREW N. MUZA IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 2003-4873 CIVIL ACTION LAW
LORI KAY CANFIELD
Defendant IN CUSTODY
Prior Judge: Kevin A. Hess
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 BIRTH YEAR CURRENTLY IN CUSTODY OF
Alexia Muza 2003 Mother
Xavier Muza 2004 Mother
2. A custody conciliation conference was held on December 18, 2013, with the following
individuals in attendance: the Father, Andrew N. Muza, with his counsel, Pamela L. Purdy Esquire,
and the Mother, Lori Kay Canfield, with her counsel, Quintina Laudermilch Esquire.
3. The Father filed this Petition for Contempt alleging that the Mother had not been permitting
periods of custody as required by the prior Court Order dated January 27, 2009. The Mother requested
that the Father undergo a Section 5329 evaluation due to the Father's recent DUI in September 2013
(guilty plea with monitoring and suspended sentence).
4. The conciliator agreed to hold the matter open pending the outcome of the Father's formal
arraignment and further information as to the separate evaluations the Father may be required to obtain
in the Drug Court Program. Subsequently, the Father's counsel advised that as part of the Drug Court
Program, the Father will undergo a drug and alcohol evaluation, a mental health evaluation and an
evaluation by his probation officer. The Father's counsel advised that the Father would be willing to
share the results of the drug and alcohol evaluation with the Mother, which would hopefully obviate
the need for an additional Section 5329 risk assessment.
5. Based on those understandings, the parties agree to entry of an Order in the form as
attached.
Date �r Dawn S. Sunday, Esquire
Custody Conciliator
r .
LI
ar t, p J
`'Ut413 tiI r �rlr !
Pamela L. Purdy, PA ID No. 85783
Allison C. Gossett, PA ID No. 314900
Law Office of Pamela L. Purdy, LLC
1820 Linglestown Road
Harrisburg, PA 17110
(717) 221-8303 tel
(717) 221-8403 fax
Attorney for Plaintiff
ANDREW N. MUZA, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 2003-4873
LORI KAY CANFIELD, : CIVIL ACTION — LAW
Defendant : IN CUSTODY
PETITION FOR CONTEMPT OF CUSTODY ORDER AND FOR COUNSEL FEES
AND NOW, Plaintiff, by and through his counsel, the Law Office of Pamela L.
Purdy, LLC, files this Petition for Contempt of Custody Order and for Counsel Fees, and in
support thereof, avers the following:
1. Petitioner/Plaintiff is Andrew N. Muza (hereinafter referred to as "Father"), an
adult individual who currently resides at 63 West Main Street, Rear, Mechanicsburg,
Cumberland County, Pennsylvania, 17050.
2. Respondent/Defendant is Lori K. Manivong (Canfield) (hereafter referred to
as "Mother"), an adult individual who currently resides at 208 State Road, Mechanicsburg,
Cumberland County, Pennsylvania, 17050.
3. Mother and Father are the parents of Alexia Noel Muza, age eleven (DOB
01/02/03) and Xavier John Muza, age ten (DOB 01/02/04) (hereinafter"children"). 1 $3,
are 1,4113
at.* 1 Dos
4. On November 18, 2013, Father filed a Petition for Contempt of the parties'
January 27, 2009 Custody Order, in which he alleged that Mother had not allowed him to
exercise his periods of partial custody since August 2013.
5. On December 18, 2013, after attending a conciliation with Dawn Sunday,
Esquire, an agreed upon Order was entered which indicated that the January 2009 Order
would continue in effect as modified by the parties' new Order, that the children would
participate in counseling, and that Father would continue to exercise his existing periods of
custody under the supervision of Paternal Grandparents. A true and correct copy of the
parties' January 2009 and January 24, 2014 Custody Orders are attached hereto, made a
part hereof, and marked as Exhibit "A".
6. Out of concern for the parties' children, Father also verbally indicated that he
would take direction from the children's counselor with regard to his custody periods.
CONTEMPT
PHYSICAL CUSTODY
7. Under the parties' current Orders, Father's periods of custody are to take
place every Wednesday from 4:00 to 8:00 p.m., and every other weekend, from Friday at
5:00 p.m. until Sunday at 5:00 p.m., under the supervision of Paternal Grandparents.
8. Since the parties' conciliation on December 18, 2014, Mother has not
allowed Father to exercise any period of custody, despite his participation in the children's
counseling sessions, the recommendations of the children's counselor, and the expressed
wishes of the children to spend time with Father.
9. Pursuant to the January 24, 2014 Custody Order, the children began
meeting with Susan Kurtz of Blanc Counseling Services in January, 2014.
10. Since the children began counseling, Father has participated in four (4) of
these sessions and one additional session with Susan Kurtz on his own.
11. Father also, at the request of the children and the recommendations of the
counselor, began attempting to exercise his every other weekend custody periods.
12. Specifically, on February 12, 2014, during a counseling session with Father
and the children, the children indicated that they wished to spend time with Father and
Paternal Grandparents that weekend.
13. Prior to this counseling session, Father sent Mother a text message
February 8, 2014 indicating that he intended to pick the children up for his custody period
on Friday, February 14, 2014.
14. After the February 12, 2014 counseling session, Father again texted Mother
to let her know that he would pick the children up for a weekend custody period.
15. Mother did not respond to either of Father's text messages.
16. On Friday,_February 14, 2014, forty minutes before Father's scheduled visit,
Father received a phone call from the children's counselor indicating that Mother had
contacted her to say that the children didn't want to go.
17. During Father's conversation with the counselor, the counselor indicated that
it was her recommendation that the children spend Father's weekend custody period with
Paternal Grandparents and that Father be present for portions of that period.
18. As a result, Father and Paternal Grandparents arrived at Mother's home at
the pick-up time set forth in the parties' Order.
19. When they arrived at Mother's home, no one was there, and Mother would
not answer her phone.
20. After approximately fifteen (15) minutes, Father and Paternal Grandparents
left.
21. On Wednesday, February 26, 2014, during the children's next counseling
session, the children again indicated that they wished to spend time with Father and
Paternal Grandparents that weekend.
22. Father's counsel confirmed with Mother's counsel that Mother was aware of
the custody period discussed in counseling.
23. Mother's counsel further indicated that while the parties' son was resistant to
follow through on the custody period discussed, the parties' daughter had expressed a
desire to go and Mother had encouraged her to do so.
24. As a result, Father and Paternal Grandparents again arrived at Mother's
home on Friday, February 28, 2014, at the time set forth in the parties' Order.
25. When they arrived at Mother's home, no one was home.
26. Father immediately sent Mother a text message inquiring as to where the
children were and letting her know that they were at the house.
27. The text messages that followed from Mother indicated that,despite her
communications with the children's counselor and her counsel to the contrary, the children
did not agree to visit with Father, that it was in fact her weekend period of custody, and
that it was never intended that the children would visit with Father and Paternal
Grandparents that weekend.
28. Father has also attempted to exercise his Wednesday custody periods.
29. Since the children's counseling sessions have consistently taken place on
Wednesdays, at the insistence of Mother, Father has had few opportunities to exercise
these custody periods.
•
30. On those Wednesdays when the children do not have counseling, Father
has communicated to Mother that he wished to exercise his custody periods, but either
received no response from Mother or was informed that they had other activities planned.
31. In total, since the December 18, 2013 custody conciliation, Father has
missed thirteen (13) Wednesday evening visits and eight (8)weekend custody periods.
32. Given the counselor's communication to Mother of the intended custody
periods, Father believes, and therefore avers, that Mother's failure to respond to Father
and her insistence that Father's custody periods were never discussed or disclosed to her,
are Mother's means of preventing Father from exercising his custody periods.
33. Mother's history of withholding the children from Father, which was the basis
for his November 18, 2013 Petition for Contempt, further supports Father's assertion.
ALIENATION OF AFFECTION
34. Paragraph 12 of the parties' January 2009 Order provides that neither party
shall do or say anything that 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.
35. Given the children's expressed desire to both their counselor and Father to
visit with Father and Paternal Grandparents, Father believes, and therefore avers, that the
children's change of heart after they leave the counseling sessions is a direct result of
Mother's discouragement of the visits.
36. This belief is supported by the disturbing voicemail received by Paternal
Grandparents on the evening following the parties' conciliation, from the parties' then ten
year old daughter.
37. During the voicemail, the parties' daughter told Paternal Grandparents that,
"You and your son need to leave us alone," and "Stop coming at my mom because this is
my choice."
38. Mother's willful violations of this provision and the physical custody provision
of this Court's January 27, 2009 and January 24, 2014 Orders, demonstrate Mother's
disregard for this Court's orders and warrant a finding of contempt.
COUNSEL FEES
39. Father has and will incur unnecessary expenses in the preparation and
presentation of this Petition, evidence of which shall be presented at trial.
40. Pursuant to 23 Pa.C.S. §5339, this Court may award reasonable counsel
fees, costs and expenses where the court finds the conduct of another party was
obdurate, vexatious, repetitive or in bad faith.
41. Mother's demonstrated refusal to comply with this Court's Orders is both
vexatious and in bad faith, and has been repetitive in nature.
WHEREFORE, Petitioner, Andrew N. Muza, respectfully requests that this
Honorable Court enter an Order finding Defendant in Contempt of the parties' Custody
Orders and order Defendant to pay Petitioner's reasonable counsel fees.
Respectfully submitted,
Pamela L. Purdy
Dated: L))6 1 ) 1 Attorney for Plaintiff
VERIFICATION
I, Pamela L. Purdy, of the Law Office of Pamela L. Purdy, LLC, counsel for
Plaintiff, Andrew N. Muza, have read the foregoing Plaintiff's Petition for Contempt of
Custody Order and Counsel Fees. I verify that the averments in this document are true
and correct and based upon the information provided to me by Andrew N. Muza, who is
unavailable to sign this document at this time. I understand that I am to secure Andrew
N. Muza's signature through a separate Verification when he is available; I then will
submit said Verification via Praecipe to Attach with the Prothonotary's office. I further
understand that any false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904 relating to unsworn falsifications to authorities.
Dated: /11301/7 Pamela L. Purdy
JAN 2 2009(
ANDREW N. MUZA IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
vs. 2003-48& CIVIL ACTION LAW
ye'n's
•
•
LORI KAY CANFIELD •
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this z 3' day of ��w a , 2009, upon
consideration of the attached Custody Conciliation Report,it is ordered and directed as follows:
1. The prior Order of this Court dated September 30, 2004 is vacated and replaced with this
Order.
2. The Father, Andrew N, Muza, and the Mother, Lori Kay Canfield, shall have shared legal
custody of Alexia Noel Muza, born January 2, 2003 and Xavier John Muza, born January 2, 2004.
Major decisions concerning the Children including,but not necessarily limited to,their health, welfare,
education, religious training and upbringing shall be made jointly by the parties after discussion and
consultation with a view toward obtaining and following a harmonious policy in each Child's best
interest. Neither party shall impair the other party's rights to shared legal custody of the Children.
Neither party shall attempt to alienate the affections of the Children from the other party. Each party
shall notify the other of any activity or circumstance concerning the Children that could reasonably be
expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent
then having physical custody. With regard to any emergency decisions which must be made, the
parent having physical custody of the Child at the time of the emergency shall be permitted to make
any immediate decisions necessitated thereby. However, that parent shall inform the other of the
emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309,
each party shall be entitled to complete and full information from any doctor, dentist, teacher,
professional or authority and to have copies of any reports or information given to either party as a
parent as authorized by statute.
3. The Mother shall have primary physical custody of the Children.
4: The Father shall have partial physical custody of the Children in accordance with the
following schedule:
A. Beginning on Wednesday, January 28, 2009, the Father shall have custody of the
Children every Wednesday from 4:00 p.m. until 8:00 p.m.
B. The Father shall have custody of the Children on Saturday, January 24, 2009 from
9:00 a.m. until 5:00 p.m.
EXHIBIT
•
ti w
C. The Father shall have custody of the Children on Saturday, January 31, Saturday,
February 7,and Saturday,February 14,2009 from 9:00 a.m.until 7:00 p.m.
D. The Father shall have custody of the Children on Saturday, February 28 from 9:00
a.m. until 7:00 p.m. and on Sunday,March 1,2009,from 9:00 a.m. until 5:00 p.m.
E. Beginning on Friday, March 13, 2009,the Father shall have custody of the Children
on alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. and every Wednesday
from 4:00 p.m.until 8:00 p.m.
5. The parties shall share having custody of the Children on holidays as follows:
A. Christmas: In the event the custodial parent is traveling outside of the area for the
Christmas holiday,the period of custody shall run from December 23 at 9:00 a.m. through December
27 at 7:00 p.m.. In the event the custodial parent is not traveling with the Children outside the area for
the Christmas holiday, the Christmas holiday period of custody shall run from December 24 at 9:00
a.m. until December 26 at 7:00 p.m. In odd-numbered years, the Mother shall have custody of the
Children for Christmas and in even-numbered years, the Father shall have custody of the Children for
the Christmas holiday.
B. aster: The Easter holiday period of custody shall run from Friday at 5:00 p.m.
through Sunday at 5:00 p.m. In odd-numbered years, the Mother shall have custody of the Children
for the Easter holiday and in even-numbered years, the Father shall have custody of the Children for
the Easter holiday.
C. Thanksgiving:. The Thanksgiving holiday period of custody shall run from
Wednesday at 5:00 p.m. through Sunday at 5:00 p.m. In odd-numbered years, the Father shall have •
custody of the Children for Thanksgiving and in even-numbered years, the Mother shall have custody
of the Children for the Thanksgiving holiday.
D. Memorial Day/Labor Day: The parent who has custody of the Children on the
weekend immediately proceeding the Memorial Day and Labor Day holidays shall be entitled to retain .
custody of the Children through the Monday holiday at 7:00 p.m.
E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the
Children for Mother's Day and the Father shall have custody of the Children for Father's Day from
9:00 a.m.until 5:00 p.m.
F. Children's Birthday: In every year, the parties shall share having custody of the
Children on their birthday.
G. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
6. Unless otherwise agreed between the parties, the parent receiving custody shall be
responsible to provide transportation. The Father shall be present for exchanges of custody when he is
responsible for arranging for another adult to drive while he does not have a license. The Father shall
be responsible to provide all transportation for exchanges of custody on Wednesday, when the Father
shall pick up the Children from daycare and return the Children to the Mother's custody at the end of
his period of custody.
7. The Mother shall authorize the daycare to release the Children to the Father's custody for
his periods of custody and to provide information to the Father, upon the Father's request, concerning
the Children's progress,activities and other information related to daycare. Neither party shall pick up
the Children from daycare during the other parent's period of custody unless agreed by the parties in
advance, or in the event of an emergency concerning the Children, such as illness or injury. The
Mother shall have the first opportunity to respond to the daycare's notification of the
Child's/Children's illness or injury.
8. The Father shall undergo random drug/alcohol testing upon the request of the Mother. The
Mother shall make her request through counsel and the Father shall obtain the drug/alcohol testing
within 24 hours of being notified by his attorney. The Mother shall be responsible to pay the costs of
drug/alcohol testing in advance. The Father shall reimburse the. Mother for the cost of any
drug/alcohol testing with a positive result. The parties shall make arrangements for the type of
drug/alcohol testing and the lab where the testing is to be conducted in advance by agreement.
9. For a period of twelve (12) hours before and continuing throughout any period of custody,
the parties shall consume no alcoholic beverages nor possess or use controlled substances. The parties
shall likewise ensure, to the extent possible, that third parties having contact with the Children during
his or her periods of custody comply with this provision.
10. The parties shall exchange custody of the Children in a civil manner in an effort to promote
the Children's emotional well-being.
11. Neither party shall smoke in the presence of the Children in confined spaces, including
indoors or in a motor vehicle during his or her periods of custody. Both parties shall ensure that third
parties having contact with the Children comply with this provision.
12. 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.
13. 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, •
./ /41Z.
Kevi . Hess J.
/gindy _cc. L.Hribal,Esquire Counsel for Father
Heather Z.Reynosa,Esquire-Counsel for Mother
Co tEs rr VlC
SZE3/07
ANDREW N. MUZA : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
vs. 2003-4873 CIVIL ACTION L, `' `'
LORI KAY CANFIELD '
Defendant IN CUSTODY < ; c
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ORDER OF COURT
AND NOW, this a, _day of 2014, upon
consideration of the attached Custody Conciliation Report, it is ord red and directed as follows:
1. The prior Order of this Court dated January 27, 2009 shall continue in effect as modified by
this Order.
2. The parties shall make arrangements for the Children to participate in counseling with a
professional selected by agreement between the parties. The purpose of the counseling shall be to
assess the Children's emotional well-being in light of the issues and conflicts which have arisen in the
custodial situation and to provide guidance to the parents, which may include expanding the Children's
counseling to family counseling or recommendations for further individual or co-parenting counseling
for the parents. The Mother shall make the initial scheduling arrangements and advise the Father of
the Children's appointments by text message. The parties shall share any unreimbursed costs of the
counseling in accordance with the existing support order.
3. The Father's periods of partial custody on alternating weekends and Wednesdays shall be
supervised by the paternal grandparents. In the event the Father will be unavailable during any portion
of a period of the Wednesday custodial period, the Father shall advise the Mother with as much
advance notice as possible and the Wednesday period of custody may be rescheduled by agreement
between the parties,but shall not take place on the Wednesday when the Father will not be present for
the entire period. In the event the Father will be unavailable due to employment or other exigent
circumstances during a portion of a weekend period of custody, the Children may remain with the
paternal grandparents unless otherwise agreed between the parties.
4. The Mother shall ensure that the Children's passwords to their Facebook accounts are only
known by the Mother and her husband so that only the Mother or her husband can sign the Children on
to Facebook.
5. The Mother's request for the Section 5329 Risk Assessment evaluation is-reserved pending
receipt and acceptance of the drug and alcohol evaluation results from the drug court program.,:
6. No party shall be permitted to relocate the residence of the Child which significantly impairs
the ability to exercise custody unless every individual who has custodial rights to the Child consents to
the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate
MUST comply with 23 Pa. C.S. § 5337.
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,
_ if •
Kevin A. Hess 3.
cc: Pamela L. Purdy Esquire-Counsel for Father
Quintina Laudermilch Esquire—Counsel for Mother
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and the se 1' f said Qyrt o at CarlislPa,20
Prothor{otary
ANDREW N. MUZA IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
•
vs. 2003-4873 CIVIL ACTION LAW
•
LORI KAY CANFIELD
Defendant IN CUSTODY
Prior Judge: Kevin A. Hess
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 BIRTH YEAR CURRENTLY IN CUSTODY OF
Alexia Muza 2003 Mother
Xavier Muza 2004 Mother
2. A custody conciliation conference was held on December 18,2013,with the following
individuals in attendance: the Father, Andrew N. Muza,with his counsel, Pamela L. Purdy Esquire,
and the Mother, Lori Kay Canfield, with her counsel, Quintina Laudermilch Esquire.
3. The Father filed this Petition for Contempt alleging that the Mother had not been permitting
periods of custody as required by the prior Court Order dated January 27, 2009. The Mother requested
that the Father undergo a Section 5329 evaluation due to the Father's recent DUI in September 2013
(guilty plea with monitoring and suspended sentence).
4. The conciliator agreed to hold the matter open pending the outcome of the Father's formal
arraignment and further information as to the separate evaluations the Father may be required to obtain
in the Drug Court Program. Subsequently,the Father's counsel advised that as part of the Drug Court
Program,the Father will undergo a drug and alcohol evaluation, a mental health evaluation and an
evaluation by his probation officer. The Father's counsel advised that the Father would be willing to
share the results of the drug and alcohol evaluation with the Mother,which would hopefully obviate
the need for an additional Section 5329 risk assessment.
5. Based on those understandings,the parties agree to entry of an Order in the form as
attached.
J� i(? -Zot
Date Dawn S. Sunday, Esquire
Custody Conciliator
CERTIFICATE OF SERVICE
The undersigned certifies that on the 30th day of April, 2014, a true and correct
copy of the foregoing Petition for Contempt of Custody Order and for Counsel Fees was
served by first-class mail, postage prepaid, upon the following:
Quintina Laudermilch, Esquire
635 N. 12th St., Ste. 101
Lemoyne, PA 17043
1111*
Heather J. Au -n, 'aralegal to
Law Office of ' : -- -la L. Purdy, LLC
ANDREW N. MUZA IN THE COURT OF COMMON PLEAS OF
PLAINTIFF
V.
LORI KAY CANFIELD
DEFENDANT
CUMBERLAND COUNTY, PENNSYLVANIA
2003-4873 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, May 05, 2014 , upon consideration of the attached Complaint, it is
hereby directed that parties and their respective counsel appear before
Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, June 03, 2014
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.
You must file with the Court a verification regarding any criminal record or abuse history regarding you and
anyone living in your household on or before the initial in-person contact with the court (including, but not limited to,
a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition.
No party may make a change in the residence of any child which significantly impairs the ability of the other party
to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and
Pa.R.C.P. No. 1915.17 regarding relocation.
FOR THE COURT,
By: /s/ Dawn S. Sunday, Esq.
yr
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 NRT HAVEN
ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH 13LCEN TO ',FIND OUT
WHERE YOU CAN GET LEGAL HELP. rnW • �i
n-- I, / Cumberland County Bar .Association
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1'�' S�'�� 32 South Bedford Street �> to
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144 Carlisle, Pennsylvania 17013 C= • =`*1
3= r'� nt
Telephone (717) 249-3166 =c, .--,
144-4 ca i_,
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Quintina M. Laudermilch, Esquire
DALEY ZUCKER
MEILTON & MINER, LLC
635 North 12th Street, Suite 101
Lemoyne, PA 17043
(717) 724-9821
daudermilcha,dzmmlaw.com
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C11118ER1_,.-1 NO COUNTY
PENNS Y 1.VA NI A
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ANDREW N. MUZA,
Plaintiff
V.
LORI K. MANIVONG,
Defendant
: No. 2003-4873 (Civil Tenn
: CIVIL ACTION — LAW
: (In Custody)
DEFENDANT'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S PETITION FOR
CONTEMPT OF CUSTODY ORDER AND FOR COUNSEL FEES
AND NOW COMES, Defendant, LORI K. MANIVONG, by and through her
undersigned counsel, and files the following Answer and Counterclaim to Plaintiff's Petition for
Contempt of Custody Order and for Counsel Fees, and in support thereof, avers as follows:
1. Admitted in part, denied in part. It is admitted that Father's home address is 63
West Main Street, Rear, Mechanicsburg, Cumberland County, Pennsylvania. It is denied that he
is currently residing at said address. By way of further answer, Father is currently incarcerated at
the Cumberland County Prison in the Work Release Program. Defendant believes and therefor
avers that Father has been incarcerated since on or about March 6, 2014.
2. Admitted.
3 Admitted.
4. Admitted. By way of further Answer, On December 5, 2014, Defendant filed an
Answer and Counterclaim to said Petition for Contempt and Modification alleging that Father
has been in contempt of the January 27, 2009 custody Order by violating the no alcohol
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consumption of the January 27, 2009 Order, by driving with the children in the car while he was
intoxicated and by being arrested for a third Driving Under the Influence offense.
5. Admitted. By way of further answer, the Order further directed that the children
engage in counseling to assess the children's emotional well-being in light of the issues and
conflicts that have arisen in the custodial situation. The order further directed that Mother's
request for a Section 5329 Risk Assessment evaluation is reserved pending receipt and
acceptance of Father's drug and alcohol evaluation as part of his participation in the drug court
program.
6. Admitted.
7. Admitted. By way of further answer, the Order directs that in the event Father is
unavailable for the Wednesday evening visit, the visit will not take place on Wednesday and may
be rescheduled by agreement of the parties.
8. Denied. Defendant is without information sufficient to form a belief to the truth
of the matter asserted and strict proof thereof is demanded at the time of trial. By way of further
answer, Defendant has not denied Father time with the children. Defendant has followed the
recommendations of the counselor and the children have continued to express to Defendant that
they do not wish to spend long periods of time with Father. Defendant believes and therefore
avers that Father does not realize the impact his chronic alcoholism has on his relationship with
the children.
9. Admitted.
10. Admitted in part, denied in part. It is admitted that Father has participated in
some counseling sessions with the children. By way of further answer, Defendant is without
information sufficient to form a belief as to the truth of the remaining averment and strict proof
thereof is demanded at the time of trial.
11. Denied. Defendant is without information sufficient to form a belief as to the
truth of the matter asserted and strict proof thereof is demanded at the time of trial.
12. Denied. Defendant is without information sufficient to form a belief as to the
truth of the matter asserted and strict proof thereof is demanded at the time of trial. By way of
further answer, the weekend Father demanded to exercise custody (the weekend of February 14-
16, 2014) was Mother's regular custodial weekend.
13. Denied. Defendant is without information sufficient to form a belief as to the
truth of the matter asserted and strict proof thereof is demanded at the time of trial. By way of
further answer, the weekend Father demanded to exercise custody (the weekend of February 14-
16, 2014) was Mother's regular custodial weekend.
14. Denied. Defendant is without information sufficient to form a belief as to the
truth of the matter asserted and strict proof thereof is demanded at the time of trial. By way of
further answer, the weekend Father demanded to exercise custody (the weekend of February 14-
16, 2014) was Mother's regular custodial weekend.
15. Admitted. By way of further answer, Father routinely sends Defendant harassing
text messages wherein he berates Defendant and curses at her.
16. Denied. Defendant is without information sufficient to form a belief as to the
truth of the matter asserted and strict proof thereof is demanded at the time of trial. By way of
further answer, the weekend Father demanded to exercise custody (the weekend of February 14-
16, 2014) was Mother's regular custodial weekend. Defendant did advise the counselor that the
children expressed that they did not want to have the visit. However, Defendant believes and
therefore avers that the counselor advised Father that the children were not yet ready for visits
with Father outside of her office and that he should not have the visit that weekend.
17. Denied. Defendant is without information sufficient to form a belief as to the
truth of the matter asserted and strict proof thereof is demanded at the time of trial. By way of
further answer, the weekend Father demanded to exercise custody (the weekend of February 14-
16, 2014) was Mother's regular custodial weekend. Defendant did advise the counselor that the
children expressed that they did not want to have the visit. However, Defendant believes and
therefore avers that the counselor advised Father that the children were not yet ready for visits
with Father outside of her office and that he should not have the visit that weekend.
18. Denied. Defendant is without information sufficient to form a belief as to the
truth of the matter asserted and strict proof thereof is demanded at the time of trial. By way of
further answer, the weekend Father demanded to exercise custody (the weekend of February 14-
16, 2014) was Mother's regular custodial weekend.
19. Denied. Defendant is without information sufficient to form a belief as to the
truth of the matter asserted and strict proof thereof is demanded at the time of trial. By way of
further answer, the weekend Father demanded to exercise custody (the weekend of February 14-
16, 2014) was Mother's regular custodial weekend.
20. Denied. Defendant is without information sufficient to form a belief as to the
truth of the matter asserted and strict proof thereof is demanded at the time of trial. By way of
further answer, the weekend Father demanded to exercise custody (the weekend of February 14-
16, 2014) was Mother's regular custodial weekend.
21. Denied. Defendant is without information sufficient to form a belief as to the
truth of the matter asserted and strict proof thereof is demanded at the time of trial.
22. Admitted in part, denied in part. It is admitted that Father's counsel contacted the
undersigned to try and confirm and coordinate a weekend visit for the weekend of February 28 -
March 2, 2014. It is denied that that the children requested to spend time with Father and
paternal grandparents over the weekend. Defendant believes and therefore avers that Father
pushed his desire for a weekend visit on the children and Father told the children that he wanted
to see them before he was incarcerated for an unknown period of time. By way of further
answer, the weekend of February 28 -March 2, 2014 was Defendant's regular custodial weekend.
23. Admitted. By way of further answer, despite the fact that the weekend of
February 28 -March 2, 2014 was Defendant's regular custodial weekend, Defendant agreed to a
for Friday evening only and the undersigned advised that the parties' daughter did not want to
spend an overnight with the paternal grandparents unless Father was present.
24. Denied. Defendant is without information sufficient to form a belief as to the
truth of the matter asserted and strict proof thereof is demanded at the time of trial.
25. Admitted. By way of further answer, because Defendant had to work late, the
children went with Defendant's Husband to his place of employment so that they were not left
alone. Defendant picked the children up from her Husband's employment and was running late
returning home.
26. Admitted. By way of further answer, Defendant then sent Father a text message
advising Father that she was on her way home; however, Father refused to wait for Mother
thereby forfeiting his visit.
27. Admitted in part, denied in part. It is admitted that Defendant advised Father that
the weekend was her regular custodial weekend. By way of further answer, Defendant also
advised that despite the fact it was her custodial weekend, she was fine with the visit being
scheduled. It is denied that Defendant told Father that the children did not agree to the visit and
it is denied that Defendant advised Father that it was never intended that the children would visit
with Father and Paternal Grandparents that weekend. By way of further answer, Defendant
advised Father that "both kids had not agreed to the visit", which is consistent with the
information relayed to Father's counsel by the undersigned as referenced in paragraph 23 above.
Further, Defendant never denied Father the visit with the parties' daughter that weekend.
28. Denied. Defendant is without information sufficient to form a belief as to the
truth of the matter asserted and strict proof thereof is demanded at the time of trial. By way of
further answer, Father has been incarcerated at the Cumberland County Prison since on or about
March 6, 2014 and unable to exercise any periods of custody with the children.
29. Denied. The children's counseling sessions were initially scheduled for Tuesday
evenings. It was at the suggestion of the counselor that the children's counseling sessions move
to Wednesday nights so that Father could participate in the sessions with the children to start
rebuilding his relationship with the children. By way of further answer, Father has been
incarcerated at the Cumberland County Prison since on or about March 6, 2014 and unable to
exercise any periods of custody with the children. Defendant believes and therefore avers that
Father was participating with the children in counseling on Wednesday evenings up until the
time of his incarceration.
30. Denied. Defendant is without information sufficient to form a belief as to the
truth of the matter asserted and strict proof thereof is demanded at the time of trial. By way of
further answer, Father has been incarcerated at the Cumberland County Prison since on or about
March 6, 2014 and unable to exercise any periods of custody with the children. Defendant
believes and therefore avers that Father was participating with the children in counseling on
Wednesday evenings up until the time of his incarceration.
31. Denied. Defendant is without information sufficient to form a belief as to the
truth of the matter asserted and strict proof thereof is demanded at the time of trial. By way of
further answer, Father has been incarcerated at the Cumberland County Prison since on or about
March 6, 2014 and unable to exercise any periods of custody with the children. Further, by
Father's own admission he agreed to be guided by the recommendations of the children's
counselor regarding visits and elected not to exercise his custody. The counselor first
recommended that Father participate in counseling with the children on Wednesdays, during his
custodial periods, which Defendant believes and therefore avers only began in February.
Defendant believes and therefor avers that Father continued participating in the Wednesday
counseling sessions with the children until he was incarcerated. Further, Father's first demand
for weekend custody was the weekend of February 14-16, 2014, three weeks prior to his
incarceration, which was Defendant's regular custodial weekend. Father further forfeited his
prearranged visit on February 28, 2014, which was Defendant's regular custodial weekend, when
he refused to wait for Defendant to return home, despite the fact that she advised Father that she
was on her way home.
32. Denied. Defendant is without information sufficient to form a belief as to the
truth of the matter asserted and strict proof thereof is demanded at the time of trial.
33. Denied as a conclusion of law to which no responsive pleading s required. To the
extent a response is necessary, Defendant is without information sufficient to form a belief as to
the truth of the matter asserted and strict proof thereof is demanded at the time of trial.
34. Admitted.
35. Denied as a conclusion of law to which no response pleading is required. To the
extent a response is necessary, is without information sufficient to form a belief as to the truth of
the matter asserted and strict proof thereof is demanded at the time of trial.
36. Denied. Defendant is without information sufficient to form a belief as to the
truth of the matter asserted and strict proof thereof is demanded at the time of trial.
37. Denied. Defendant is without information sufficient to form a belief as to the
truth of the matter asserted and strict proof thereof is demanded at the time of trial.
38. Denied as a conclusion of law to which no response pleading is required. To the
extent a response is necessary, is without information sufficient to form a belief as to the truth of
the matter asserted and strict proof thereof is demanded at the time of trial.
39. Denied. Defendant is without information sufficient to form a belief as to the
truth of the matter asserted and strict proof thereof is demanded at the time of trial.
40. Admitted.
41. Denied as a conclusion of law to which no response pleading is required. To the
extent a response is necessary, is without information sufficient to form a belief as to the truth of
the matter. asserted and strict proof thereof is demanded at the time of trial.
COUNTERCLAIM
COUNSEL FEES
42. Paragraphs one (1) through forty-one (41) are incorporated herein by reference.
43. Father's Petition for Contempt is disingenuous in that he is alleging Mother has
been in contempt of the custody order even though Father, by his own admission, was relying on
the recommendation of the counselor with regard to visitation with the children.
44. Father's Petition for contempt is also misleading and misrepresents the current
custody situation in that Father failed to disclose in his Petition that he has been incarcerated
since March 6, 2014 and has been unavailable to exercise any of his period of physical custody
since that time.
45. Defendant cannot be in violation of the custody order for Father's inability to
exercise his custodial periods due to his incarceration or because Father attempted to exercise his
custodial periods during Defendant's regular custodial weekend.
46. Defendant believes and therefore avers that Father is acting in bad faith by filing
the Petition for Contempt and Counsel Fees.
47. As of the filing of this Answer, Defendant has incurred counsel fees of
approximately $750 in responding to Father's Petition for Contempt.
48. Defendant believes and therefore avers that she will continue to incur unnecessary
counsel fees and expenses if this matter proceeds to litigation.
49. Mother is requesting that Father reimburse Mother for the counsel fees and costs
she has incurred in responding to Plaintiffs Petition for Contempt and Counsel Fees.
COUNTERCLAIM
MODIFICATION
50. Paragraphs one (1) through forty-nine (49) are incorporated herein by reference.
51. The parties' custodial arrangement is currently outlined in Orders entered January
27, 2009 and January 24, 2014.
52. Pursuant to said orders, the parties share legal custody of the children and Mother
has primary physical custody with Father having periods of supervised physical custody on
alternating weekends and Wednesday evenings.
53. As a result of Father's alcoholism and recent arrest for Driving Under the
Influence, Father is currently incarcerated in Cumberland County Prison at the Work Release
Center.
54. Father has been incarcerated since on or about March 6, 2014.
55. As of the filing of this Answer and Counterclaim, Mother believes and therefore
avers that Father has had no contact with the children since his incarceration.
56. Mother believes and therefore avers that Father will remain incarcerated until July
2014.
57. Mother is concerned that when Father is released from prison he will want to
immediately resume his alternating weekend schedule even though he has had no contact with
the children since his incarceration.
58. Mother is seeking to modify the current custody order such that Father will have
periods of physical custody of the children on a schedule consistent with the best interest of the
children.
WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiff's
Petition for Contempt and for Counsel Fees and grant Defendant's request for counsel fees and
for modification of the current custody order.
Date:
By:
Respectfully submitted,
DALEY ZUCKER MEILTON
& MINER, LLC
Quintino M. Laudeinii ch, Esquire
Attorney I.D. #94664
Daley Zucker Meilton & Miner, LLC
635 N. 12th Street, Suite 101
Lemoyne, PA 17043
(717) 724-9821
Attorney for Defendant
VERIFICATION
I verify that the statements made in this document are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
Lo K. Manivong, Defendan
CERTIFICATE OF SERVICE
I, Ashley Nelms, Paralegal to Quintina M. Laudermilch, hereby certify that on this q
day of May, 2014, a true and correct copy of the foregoing document was served on counsel for
the Plaintiff by forwarding same via mail, postage prepaid, addressed as follows:
Pamela L. Purdy, Esquire
Law Office of Pamela L. Purdy, LLC
1820 Linglestown Road
Harrisburg, PA 17110
Attorney for Plaintiff & Grandparents
Marylou Matas, Esquire
Saidis Sullivan & Rogers, P.C.
26 West High Street
Carlisle, PA 17013
Guardian Ad Litem
Dawn S. Sunday, Esquire
39 West Main Street
Mechanicsburg, PA 17055
Custody Conciliator
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Ashley Nel
ANDREW N. MUZA IN THE COURT OF COMMON PLEAS OF
PLAINTIFF
V.
LORI K. MANIVONG
DEFENDANT
CUMBERLAND COUNTY, PENNSYLVANIA
2003-4873 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, May 19, 2014 , 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, July 09, 2014 10:00 AM
for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this
cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure
to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief
orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
You must file with the Court a verification regarding any criminal record or abuse history regarding you and
anyone living in your household on or before the initial in-person contact with the court (including, but not limited to,
a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition.
No party may make a change in the residence of any child which significantly impairs the ability of the other party
to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and
Pa.R.C.P. No. 1915.17 regarding relocation.
FOR THE COURT,
By: /s/ Dawn S. Sunday, Esq.
Custody Conciliator
. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with
Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled
individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior
to any hearing or business before the court. You must attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN
ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
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Cumberland County Bar Association .
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (7.17) 249-3166
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Pamela L. Purdy, PA ID No. 85783
Allison C. Gossett, PA ID No. 314900
Law Office of Pamela L. Purdy, LLC
1820 Linglestown Road
Harrisburg, PA 17110
(717) 221-8303 tel
(717) 221-8403 fax
Attorney for Plaintiffs
ANDREW N. MUZA, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 2003-4873
LORI KAY CANFIELD, : CIVIL ACTION – LAW
Defendant : IN CUSTODY
PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER—COUNSEL FEES AND
MODIFICATION
AND NOW, Plaintiff, by and through his counsel, the Law Office of Pamela L.
Purdy, LLC, files this Answer to Defendant's New Matter—Counsel Fees and Modification,
and in support thereof, avers the following:
COUNSEL FEES
42. No response required.
43. Denied and strict proof thereof is demanded at the time of trial. By way of
further answer, Father's Petition for Contempt does not take issue with any attempt by
Mother to comply with the counselor's recommendations. Father's Petition is instead
centered on Mother's unwillingness to allow Father's custody periods even after the
counselor recommended that they take place.
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44. Denied. Father's Petition for Contempt is centered on the custody periods
that he missed leading up to his incarceration in the Cumberland County Work Release
Center. By way of further answer, Father is scheduled to be released July 4, 2014.
45. Denied. Mother's suggestion that it was her "regular custodial weekend" on
those occasions when she denied Father custody is disingenuous since the parties had
been operating in accordance with the counselor's recommendations. Further, if Mother is
operating under a "regular" custody schedule, then she has exercised virtually all of
Father's "regular custodial weekends" since December, 2013.
46. Denied and strict proof thereof is demanded at the time of trial.
47. Plaintiff is without sufficient information and knowledge to form a belief as to
the truth of the averments in Defendant's Paragraph 47, and as such, said averments are
denied.
48. Plaintiff is without sufficient information and knowledge to form a belief as to
the truth of the averments in Defendant's Paragraph 48, and as such, said averments are
denied.
49. Denied as a prayer for relief to which no response is required.
MODIFICATION
50. No response required.
51. The January 27, 2009 and January 24, 2014 Orders of Court are legal
documents which speak for themselves, and, as such, the averments in Defendant's
Paragraph 51 are denied.
52. The January 27, 2009 and January 24, 2014 Orders of Court are legal
documents which speak for themselves, and, as such, the averments in Defendant's
Paragraph 52 are denied.
53. Admitted that Father is incarcerated at the Cumberland County Work
Release Center for a charge of Driving Under the. Influence of Alcohol. Denied as to the
rest of the averments in Defendant's Paragraph 53. By way of further answer, Father has
been participating in an intense treatment program since March, 2014, and his progress
has been praised by both the Court and his probation officer.
54. Admitted.
55. Denied. Father, through his parents, has provided the children's counselor
with a letter he had written to them so that she could provide it to them at their next
appointment.
56. Denied. By way of further answer, Father's expected release date is July 4,
2014.
57. Denied.
58. Denied as a prayer for relief to which no response is required. By way of
further answer,
WHEREFORE, Defendant, Andrew N. Muza, respectfully requests that this
Honorable Court deny the relief requested in Plaintiffs New Matter -Counsel Fees and
Modification.
Dated: 5
11
Respectfully submitted,
z efr
Pamela L. Purdy
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing document are true and correct
to the best of my knowledge, information and belief. I understand that false statements
are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification
to authorities.
Andrew N. Muza
Dated: S0011 Li
, •
CERTIFICATE OF SERVICE
ST -
The undersigned certifies that on the day, of May, 2014, a true and
correct copy of the foregoing document was served by first-class mail; postage prepaid,
upon the following:
Quintina Laudermilch, Esquire -
Daley Zucker Meilton & Miner, LLC
635 North 12th Street, Suite 101
Lemoyne, PA 17043
Heather J. A
Law Offic
Paralegal to
ela L. Purdy, LLC