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HomeMy WebLinkAbout08-5437PHILIP H. LONG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 4P- 5?i37 f*-? LISA M. SITES, CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Philip H. Long, residing at 235 Redwood Lane, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendant is Lisa M. Sites, residing at 209 West Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks shared legal custody and partial physical custody of the following child: NAME PRESENT RESIDENCE D.O.B. Peyton M. Long 209 West Marble Street April 29, 1993 Mechanicsburg, Pennsylvania The child was not born out of wedlock. The child is presently in the custody of Defendant, who resides at 209 West Marble Street, Mechanicsburg, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATE Philip Long - Father 6460 Somerset Street Birth to Lisa Sites - Mother Harrisburg, Pennsylvania September 1997 Lisa Sites - Mother 6460 Somerset Street September 1997 Harrisburg, Pennsylvania to 1999 Lisa Sites - Mother Kory Sites - Stepfather 6460 Somerset Street Harrisburg, Pennsylvania 1999 to December 2005 Lisa Sites - Mother Kory Sites - Stepfather 209 West Marble Street Mechanicsburg, Pennsylvania December 2005 to present The mother of the child is Defendant, currently residing at 209 West Marble Street, Mechanicsburg, Pennsylvania. She is married. The father of the child is Plaintiff, currently residing at 253 Redwood Lane, Carlisle, Pennsylvania. He is single. 4. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides alone. 5. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with the following person/persons: NAME Peyton M. Long Kory Sites RELATIONSHIP daughter husband 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff, Philip H. Long, requests the court to grant shared legal custody and partial physical custody of the minor child, Peyton M. Long, to him. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: "1- / l -0 8 By: =onnb?ly, Jr., I.D 15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff VERIFICATION 1, Philip H. Long, verify that the statements made in the foregoing Pleading 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: q - 1 I??g Philip H. Long ?` ? l31 Q, - D) ? O ti I G cn '• ? ' -.0 IFTI "... -5 f t ? rww. .l PHILIP H. LONG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA M. SITES DEFENDANT 2008-5437 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 18, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, October 20, 2008 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. 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/ ohn . Man an r. Es . 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 W 44V ? .6 Kd 8 ! d3S 0001 A? ?/ . vv ? ,iJ 'b AdVlUivor id H3.3O :Mi?40-?Calu PHILIP H. LONG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.2008-543 7 LISA M. SITES, CIVIL ACTION - LAW Defendant IN CUSTODY STIPULATION AND AGREEMENT MADE this 1_2_11y of N C?.J e n.?? e- , 2008, by and between Philip H. Long, hereinafter referred to as "Father," and Lisa M. Sites, hereinafter referred to as "Mother." WHEREAS, the parties hereto are the parents of one minor child, namely, Peyton M. Long, born April 29,1993; and WHEREAS, Father has filed a Complaint for Custody in the Court of Common Pleas of Cumberland County indexed to the above-referenced term and number; and WHEREAS, the Court has scheduled a conciliation conference before John J. Mangan, III, Esquire, for Thursday, November 13, 2008, at 9:00 a.m.; and WHEREAS, the parties have negotiated a temporary resolution of the matter; and WHEREAS, the parties intend to enter a Temporary Order because of Father's handicapped condition; and WHEREAS, in the future in the event Father is able to provide his own transportation, the Order set forth in this Stipulation shall be modified by either agreement of the parties or further Order of Court. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The parties shall share legal custody of Peyton M. Long, date of birth April 29, 1993. The parties agree that major decisions concerning the child, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa. C.S. § 5309. 2. Mother shall have primary physical custody of the minor child subject to the partial custody rights of Father as follows: A. On alternating weekends beginning Saturday, November 22, 2008, from Saturday, at a time to be determined between Father and the minor child when she contacts her Father from the barn where she works on Saturdays, until Sunday evening at 7:00 p.m. Father will provide the transportation from the barn on Saturdays to his home and Mother will provide the transportation for the return of the child on Sunday evenings at 7:00 p.m. B. In the event the minor child has a horse show on Father's designated weekend, Father will pick up the child Saturday afternoon at the completion of her barn duties (approximately 4:00 p.m.) and return her to her Mother's home on Saturday evening at 9:00 p.m. C. Each Wednesday from approximately 6:15 p.m. until 9:30 p.m. Father will provide transportation for the Wednesday visit. On Wednesdays when the minor child has orthodontic appointments, Father will forego his visit. Mother must give Father at least forty-eight (48) hours notice of the appointment. 3. When Father is required to provide the transportation on Saturdays and Wednesdays, he shall be physically present in the car in which the child is transported. Jesse Hitz shall not be in the vehicle transporting the minor child. 4. Regardless of the weekend schedule Father shall have the child on Father's Day from 9:00 a.m. until 7:00 p.m. In the event Father's Day is a weekend that Mother has the child, Father will pick the child up at 9:00 a.m. at her residence and Mother will pick the child up at Father's residence at 7:00 p.m. for the return. In the event it is Mother's Day and Father has the child, Mother will pick the child up at 9:00 a.m. at Father's residence and will retain her for the day. 5. Father shall have the right to a twenty-four (24) hour period of time including one overnight during the Christmas holiday in addition to his scheduled weekend. The parties shall agree upon the day he will exercise that Christmas visit. Father will provide transportation for the Christmas holiday visit. 6. Because Father is handicapped, he is unable to provide transportation without the assistance of others. After Father secures a vehicle with hand controls, he will be able to provide his own transportation and the parties at that time will expand the partial custody schedule contained herein either by agreement or further Order of Court. (SEAL) P ' ip A.\AK H. Long (-?\ . (SEAL) a M. Sites [[ 7TT7. TT CI C4. 9 p C= 4= t` rm ?! 4 C) rn NOV 1 8 zo PHILIP H. LONG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5437 LISA M. SITES, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER AND NOW, this day of November, 2008, upon consideration of the foregoing Stipulation and Agreement, it is hereby ORDERED and DECREED as follows: 1. The parties shall share legal custody of Peyton M. Long, date of birth April 29, 1993. The parties agree that major decisions concerning the child, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa. C. S. § 5309. 2. Mother shall have primary physical custody of the minor child subject to the partial custody rights of Father as follows: A. On alternating weekends beginning Saturday, November 22, 2008, from Saturday, at a time to be determined between Father and the minor child when she contacts her Father from the barn where she works on Saturdays, until Sunday evening at 7:00 p.m. Father will provide the transportation from the barn on Saturdays to his home and Mother will provide the transportation for the return of the child on Sunday evenings at 7:00 p.m. B. In the event the minor child has a horse show on Father's designated weekend, Father will pick up the child Saturday afternoon at the completion of her barn duties (approximately 4:00 p.m.) and return her to her Mother's home on Saturday evening at 9:00 p.m. C. Each Wednesday from approximately 6:15 p.m. until 9:30 p.m. Father will provide transportation for the Wednesday visit. On Wednesdays when the minor child has orthodontic appointments, Father will forego his visit. Mother must give Father at least forty-eight (48) hours notice of the appointment. 3. When Father is required to provide the transportation on Saturdays and Wednesdays, he shall be physically present in the car in which the child is transported. Jesse Hitz shall not be in the vehicle transporting the minor child. 4. Regardless of the weekend schedule Father shall have the child on Father's Day from 9:00 a.m. until 7:00 p.m. In the event Father's Day is a weekend that Mother has the child, Father will pick the child up at 9:00 a.m. at her residence and Mother will pick the child up at Father's residence at 7:00 p.m. for the return. In the event it is Mother's Day and Father has the child, Mother will pick the child up at 9:00 a.m. at Father's residence and will retain her for the day. 5. Father shall have the right to a twenty-four (24) hour period of time including one overnight during the Christmas holiday in addition to his scheduled weekend. The parties shall agree upon the day he will exercise that Christmas visit. Father will provide transportation for the Christmas holiday visit. 6. Because Father is handicapped, he is unable to provide transportation without the assistance of others. After Father secures a vehicle with hand controls, he will be able to provide his own transportation and the parties at that time will expand the partial custody schedule contained herein either by agreement or further Order of Court. By J. DD tribution: ?John J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 ephen J. Dzuranin, Esquire, P.O. Box 845, Harrisburg, PA 17108-0845 John J. Mangan, III, Esquire, 17 West South Street. Carlisle, PA 17013 L !! 2v f v? C. t John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff/Petitioner PHILIP H. LONG, Plaintiff/Petitioner V. LISA M. SITES, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5437 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY EXISTING CUSTODY ORDER AND NOW, comes the Plaintiff/Petitioner, Philip H. Long, by and through his counsel, John J. Connelly, Jr., Esquire, Courtney Kishel Powell, Esquire, and the law firm of James, Smith, Dietterick & Connelly, LLP, and files the following Petition to Modify Existing Custody Order and in support thereof, respectfully represents as follows: 1. The Petitioner, Philip H. Long, Plaintiff in the above-captioned action, (hereinafter referred to as "Father"), currently resides at 235 Redwood Lane, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Respondent, Lisa M. Sites, Defendant in the above-captioned action, (hereinafter referred to as "Mother"), currently resides at sides at 209 West Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties to this action are the biological parents of one minor child, namely, Peyton M. Long, date of birth April 29, 1993. She is 16 years old. 4. On November 19, 2008, a Custody Order was entered with the consent of the parties granting primary custody to Mother and granting Father partial custody on alternating weekends from Saturday until Sunday evening at 7:00 p.m. and every Wednesday from 6:15 p.m. until 9:30 p.m. A copy of the Custody Order is attached hereto and marked as Exhibit "A". 5. The minor child had a belly button ring which became infected and which she removed. During the evening hours of July 7, 2009, while the minor child was in Mother's custody, Mother and her husband, Kory Sites, became upset, held the minor child down while Mother attempted to put the belly button ring back in. The minor child was also struck in the face by her Mother during this incident causing visible injury. As a result of the altercation, both Mother and her husband were charged with simple assault', endangering the welfare of a child2, and harassment3. A Preliminary Hearing is scheduled for August 5, 2009 before Magisterial District Judge Mark Martin. 6. Attached hereto and marked as Exhibit "B" are the articles from The Carlisle- Sentinel and the The Harrisburg Patriot News of Friday, July 10, 2009 describing the incident and the arrest. 7. Father believes and therefore avers that it is in the minor child's best interest for him to have primary legal and physical custody. 8. Pursuant to Mother's bail conditions, she is not to have any contact with the minor child. In addition, Cumberland County Children and Youth Services has removed the child from Mother's care and placed the child with Father. ' 18 Pa. C.S.A. § 2701. 2 18 Pa. C.S.A. § 4304. 3 18 Pa. C.S.A. § 2709. 2 9. Mother has a history of abusive behavior toward the minor child in the past and the child has advised Father that she does not want to return to the abusive environment in Mother's home. 10. Pursuant to Cumberland County Rules of Civil Procedure No. 208.2(d), counsel for Mother was unable to be reached to discuss whether he concurs in this Petition. It is presumed that he does not concur. WHEREFORE, your Petitioner, Philip H. Long, requests that the Court grant him primary physical and legal custody of the minor child, Peyton M. Long, date of birth April 29, 1993. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: I M - By: Attorneys for Plaintiff/Petitioner, Philip H. Long 3 Attorney I.D. #81509 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 VERIFICATION I, Philip H. Long, verify that the statements made in the foregoing pleading 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. Philip H. g NOV 18 2008 61 PHILIP H. LONG, Plaintiff V. LISA M. SITES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5437 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of November, 2008, upon consideration of the foregoing Stipulation and Agreement, it is hereby ORDERED and DECREED as follows: 1. The parties shall share legal custody of Peyton M. Long, date of birth April 29, 1993. The parties agree that major decisions concerning the child, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa. C.S. § 5309. 2. Mother shall have primary physical custody of the minor child subject to the partial custody rights of Father as follows: A. On alternating weekends beginning Saturday, November 22, 2008, from Saturday, at a time to be determined between Father and the minor child when she contacts her Father from the barn where she works on Saturdays, until Sunday evening at 7:00 p.m. Father will provide the transportation from the barn on Saturdays to his home and Mother will provide the transportation for the return of the child on Sunday evenings at 7:00 p.m. B. In the event the minor child has a horse show on Father's designated weekend, Father will pick up the child Saturday afternoon at the completion of her barn duties (approximately 4:00 p.m.) and return her to her Mother's home on Saturday evening at 9:00 p.m. C. Each Wednesday from approximately 6:15 p.m. until 9:30 p.m. Father will provide transportation for the Wednesday visit. On Wednesdays when the minor child has orthodontic appointments, Father will forego his visit. Mother must give Father at least forty-eight (48) hours notice of the appointment. When Father is required to provide the transportation on Saturdays and Wednesdays, he shall be physically present in the car in which the child is transported. Jesse Hitz shall not be in the vehicle transporting the minor child. 4. Regardless of the weekend schedule Father shall have the child on Father's Day from 9:00 a.m. until 7:00 p.m. In the event Father's Day is a weekend that Mother has the child, Father will pick the child up at 9:00 a.m. at her residence and Mother will pick the child up at Father's residence at 7:00 p.m. for the return. In the event it is Mother's Day and Father has the child, Mother will pick the child up at 9:00 a.m. at Father's residence and will retain her for the day. 5. Father shall have the right to a twenty-four (24) hour period of time including one overnight during the Christmas holiday in addition to his scheduled weekend. The parties shall agree upon the day he will exercise that Christmas visit. Father will provide transportation for the Christmas holiday visit. 6. Because Father is handicapped, he is unable to provide transportation without the assistance of others. After Father secures a vehicle with hand controls, he will be able to provide his own transportation and the parties at that time will expand the partial custody schedule contained herein either by agreement or further Order of Court. By the Court, Distribution: John J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 Stephen J. Dzuranin, Esquire, P.O. Box 845, Harrisburg, PA 17108-0845 John J. Mangan, III, Esquire, 17 West South Street. Carlisle, PA 17013 „` `` " ' #b'`yO RECDRU ,id Carlisle. Pa, ?V _env PHILIP H. LONG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVA'RIA , V. v. N0.2008-5437 P; _ M LISA M. SITES, CIVIL ACTION - LAW Defendant _., IN CUSTODY t' C J rr: J c.? STIPULATION AND AGREEMENT V\ MADE this day of 1J(?L e 2008, by and between Philip H. Long, hereinafter referred to as "Father," and Lisa M. Sites, hereinafter referred to as "Mother." WHEREAS, the parties hereto are the parents of one minor child, namely, Peyton M. Long, bom April 29, 1993; and WHEREAS, Father has filed a Complaint for Custody in the Court of Common Pleas of Cumberland County indexed to the above-referenced term and number; and WHEREAS, the Court has scheduled a conciliation conference before John J. Mangan, III, Esquire, for Thursday, November 13, 2008, at 9:00 a.m.; and WHEREAS, the parties have negotiated a temporary resolution of the matter; and WHEREAS, the parties intend to enter a Temporary Order because of Father's handicapped condition; and WHEREAS, in the future in the event Father is able to provide his own transportation, the Order set forth in this Stipulation shall be modified by either agreement of the parties or further Order of Court. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The parties shall share legal custody of Peyton M. Long, date of birth April 29, 1993. The parties agree that major decisions concerning the child, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa. C.S. § 5309. 2. Mother shall have primary physical custody of the minor child subject to the partial custody rights of Father as follows: A. On alternating weekends beginning Saturday, November 22, 2008, from Saturday, at a time to be determined between Father and the minor child when she contacts her Father from the barn where she works on Saturdays, until Sunday evening at 7:00 p.m. Father will provide the transportation from the barn on Saturdays to his home and Mother will provide the transportation for the return of the child on Sunday evenings at 7:00 p.m. B. In the event the minor child has a horse show on Father's designated weekend, Father will pick up the child Saturday afternoon at the completion of her barn duties (approximately 4:00 p.m.) and return her to her Mother's home on Saturday evening at 9:00 p.m. C. Each Wednesday from approximately 6:15 p.m. until 9:30 p.m. Father will provide transportation for the Wednesday visit. On Wednesdays when the minor child has orthodontic appointments, Father will forego his visit. Mother must give Father at least forty-eight (48) hours notice of the appointment. 3. When Father is required to provide the transportation on Saturdays and Wednesdays, he shall be physically present in the car in which the child is transported. Jesse Hitz shall not be in the vehicle transporting the minor child. 4. Regardless of the weekend schedule Father shall have the child on Father's Day from 9:00 a.m. until 7:00 p.m. In the event Father's Day is a weekend that Mother has the child, Father will pick the child up at 9:00 a.m. at her residence and Mother will pick the child up at Father's residence at 7:00 p.m. for the return. In the event it is Mother's Day and Father has the child, Mother will pick the child up at 9:00 a.m. at Father's residence and will retain her for the day. 5. Father shall have the right to a twenty-four (24) hour period of time including one overnight during the Christmas holiday in addition to his scheduled weekend. The parties shall agree upon the day he will exercise that Christmas visit. Father will provide transportation for the Christmas holiday visit. Because Father is handicapped, he is unable to provide transportation without the assistance of others. After Father secures a vehicle with hand controls, he will be able to provide his own transportation and the parties at that time will expand the partial custody schedule contained herein either by agreement or further Order of Court. tai /, (SEAL) . Long SEAL) ( Sites IS WITNESS: The Sentinel Online : News : Local : Two charged after belly button ring incident in Mec... Page 1 of 1 Local Two charged after belly button ring incident in Mechanicsburg By Staff Reports, July 10, 2009 Last updated: Friday, July 10, 2009 2:46 PM EDT An argument over a belly button ring led to what Cumberland County District Attorney David Freed called "no doubt the first forced re-piercing case in my career." Mechanicsburg police announced Friday that Lisa Sites, 44, and Kory Sites, 46, both of the 200 block of West Marble Street, Mechanicsburg, had been charged with simple assault, endangering the welfare of a child and harassment. The incident happened at 11:04 p.m. Tuesday at the Sites' home, police said, and they were alerted when a girl came to the police department some time later with injuries. Investigation revealed that Lisa Sites was upset that the girl removed her belly button ring after it became infected, police said, and that she "attempted to forcefully put the ring back into the juvenile's navel area" while Kory Sites held the girl down. The girl was also struck in the face, police said. "Generally cases involving parents and children are defended by the parents claiming their inalienable right to discipline their children. I firmly support that concept," said Freed. "Having said that, I think the facts of this case speak for themselves. There is not necessarily a bright line, but the information in the criminal complaint clearly shows probable cause for a crime to be charged." Comment from the Sites' attorney, Terrence McGowan, was not available by deadline Friday. The Sites are free on $5,000 bail pending a preliminary hearing before Cumberland County Magisterial District Judge Mark Martin at 1:30 p.m. Aug. 5. ©2009, The Sentinel, a division of Lee Enterprises. Do not copy or redistribute. Article: Two charged after belly button ring incident in Mechanicsburg Author: By Staff Reports, July 10, 2009 URL: www.cumbedink.com/articles/2009/07/10/newsAor-al/doc4a578c82434ae340683830.prt Mechanicsburg girl was assaulted by family over belly ring, police say Posted by lbrenckl July 10, 2009 15:51PM A girl's decision to remove her belly ring provoked a family fight, according to Mechanicsburg police. The girl, who was unnamed by police because she is a juvenile, removed her belly ring Tuesday night because it had become infected, police said. Two adult family members in the home, Lisa Sites and Kory Sites, became upset over that, police said. Kory Sites held the girl down, police alleged, while Lisa Sites attempted to put the belly ring back in. The girl also was struck during the altercation, police said. She managed to get out of the home in the 200 block of West Marble Street and to the police station, police said. Kory and Lisa Sites were arrested a short time later and charged with assault. They were jailed in lieu of $5,000 bail. Categories: Breaking News, Counter Cumberland, Courts, Crime, West shore PHILIP H. LONG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5437 LISA M. SITES, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Philip H. Long, hereby certify that I have served a copy of the foregoing Petition on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Stephen J. Dzuranin, Esquire Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 Dated: 9 - _? q - By: P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY, LLP FILED- DF THE 2G0Q, JUL 27 1 ;: I ; .+70.00 Po ATIN CO 77 a71 UO.U847o John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff/Petitioner PHILIP H. LONG, Plaintiff/Petitioner V. LISA M. SITES, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5437 CIVIL ACTION - LAW IN CUSTODY PETITION FOR EMERGENCY/SPECIAL RELIEF AND NOW, comes the Plaintiff/Petitioner, Philip H. Long, by and through his counsel, John J. Connelly, Jr., Esquire, Courtney Kishel Powell, Esquire, and the law firm of James, Smith, Dietterick & Connelly, LLP, and files this Petition for Emergency/Special Relief and in support thereof avers the following: The Petitioner, Philip H. Long, Plaintiff in the above-captioned action, (hereinafter referred to as "Father"), currently resides at 235 Redwood Lane, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Respondent, Lisa M. Sites, Defendant in the above-captioned action, (hereinafter referred to as "Mother"), currently resides at sides at 209 West Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties to this action are the biological parents of one minor child, namely, Peyton M. Long, date of birth April 29, 1993. She is 16 years old. 4. On November 19, 2008, a Custody Order was entered with the consent of the parties granting primary custody to Mother and granting Father partial custody on alternating weekends from Saturday until Sunday evening at 7:00 p.m. and every Wednesday from 6:15 p.m. until 9:30 p.m. A copy of the Custody Order is attached hereto and marked as Exhibit "A". 5. The minor child had a belly button ring which became infected and which she removed. During the evening hours of July 7, 2009, while the minor child was in Mother's custody, Mother and her husband, Kory Sites, became upset, held the minor child down while Mother attempted to put the belly button ring back in. The minor child was also struck in the face by her Mother during this incident causing visible injury. As a result of the altercation, Cumberland County Children and Youth Services were contacted and placed the minor child in Father's custody. A Safety Plan was issued at that time precluding the minor child from having any contact with Mother or her husband, Kory Sites, until the caseworker has had an opportunity to interview them. A copy of the Safety Plan is attached hereto and marked as Exhibit "B". 6. Attached hereto and marked as Exhibit "C" are the articles from The Carlisle- Sentinel and The Harrisburg Patriot News of Friday, July 10, 2009 describing the incident and the arrest. 7. Pursuant to Mother's bail conditions, she is not to have any contact with the minor child. 8. As a result of the altercation, both Mother and her husband were charged with simple assault`, endangering the welfare of a child`, and harassment3. A Preliminary Hearing is scheduled for August 5, 2009 before Magisterial District Judge Mark Martin. 18 Pa. C.S.A. § 2701. z 18 Pa. C.S.A. § 4304. s 18 Pa. C.S.A. § 2709. 2 9. Father believes and therefore avers that it is in the minor child's best interest for him to have primary legal and physical custody. 10. Mother has a history of abusive behavior toward the minor child in the past and the child has advised Father that she does not want to return to the abusive environment in Mother's home. 11. Father is requesting that the Court order Mother to return all of the child's personal clothing and effects to her. 12. Pursuant to Cumberland County Rules of Civil Procedure No. 208.2(d), counsel for Mother was unable to be reached to discuss whether he concurs in this Petition. It is presumed that he does not concur. WHEREFORE, for the foregoing reasons, it is respectfully submitted that this Honorable Court grant this Petition for Emergency/Special Relief and suspend the current Custody Order and award Petitioner, Philip H. Long, primary legal and physical custody of the minor child until further Order of Court. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: lq,`?-o By: Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff/Petitioner, Philip H. Long 3 Attorney I.D. #81509 P.O. Box 650 VERIFICATION I, Philip H. Long, verify that the statements made in the foregoing pleading 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: I o2 q- 0 / t V - Philip H. Lo?g EXHIBIT "A" NOV 7 8 2008 61 PHILIP H. LONG, Plaintiff V. LISA M. SITES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5437 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of November, 2008, upon consideration of the foregoing Stipulation and Agreement, it is hereby ORDERED and DECREED as follows: 1. The parties shall share legal custody of Peyton M. Long, date of birth April 29, 1993. The parties agree that major decisions concerning the child, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa. C.S. § 5309. 2. Mother shall have primary physical custody of the minor child subject to the partial custody rights of Father as follows: A. On alternating weekends beginning Saturday, November 22, 2008, from Saturday, at a time to be determined between Father and the minor child when she contacts her Father from the barn where she works on Saturdays, until Sunday evening at 7:00 p.m. Father will provide the transportation from the barn on Saturdays to his home and Mother will provide the transportation for the return of the child on Sunday evenings at 7:00 p.m. B. In the event the minor child has a horse show on Father's designated weekend, Father will pick up the child Saturday afternoon at the completion of her barn duties (approximately 4:00 p.m.) and return her to her Mother's home on Saturday evening at 9:00 p.m. C. Each Wednesday from approximately 6:15 p.m. until 9:30 p.m. Father will provide transportation for the Wednesday visit. On Wednesdays when the minor child has orthodontic appointments, Father will forego his visit. Mother must give Father at least forty-eight (48) hours notice of the appointment. 3. When Father is required to provide the transportation on Saturdays and Wednesdays, he shall be physically present in the car in which the child is transported. Jesse Hitz shall not be in the vehicle transporting the minor child. 4. Regardless of the weekend schedule Father shall have the child on Father's Day from 9:00 a.m. until 7:00 p.m. In the event Father's Day is a weekend that Mother has the child, Father will pick the child up at 9:00 a.m. at her residence and Mother will pick the child up at Father's residence at 7:00 p.m. for the return. In the event it is Mother's Day and Father has the child, Mother will pick the child up at 9:00 a.m. at Father's residence and will retain her for the day. 5. Father shall have the right to a twenty-four (24) hour period of time including one overnight during the Christmas holiday in addition to his scheduled weekend. The parties shall agree upon the day he will exercise that Christmas visit. Father will provide transportation for the Christmas holiday visit. 6. Because Father is handicapped, he is unable to provide transportation without the assistance of others. After Father secures a vehicle with hand controls, he will be able to provide his own transportation and the parties at that time will expand the partial custody schedule contained herein either by agreement or further Order of Court. By the Court, Distribution: John J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 Stephen J. Dzuranin, Esquire, P.O. Box 845, Harrisburg, PA 17108-0845 John J. Mangan, III, Esquire, 17 West South Street. Carlisle, PA 17013 ':. ra y 6'1i M R ECO RU i hm 1i11t set my ham and tN , ;: at Carftsje= Pa, 17 PHILIP H. LONG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVA%IA V. NO. 2008-5437 ° rn LISA M. SITES, CIVIL ACTION - LAW ' Defendant IN CUSTODY w z? w -? STIPULATION AND AGREEMENT ?-? h MADE this ? i - day of ?,) Q E 2008, by and between Philip H. Long, hereinafter referred to as "Father," and Lisa M. Sites, hereinafter referred to as "Mother." WHEREAS, the parties hereto are the parents of one minor child, namely, Peyton M. Long, born April 29,1993; and WHEREAS, Father has filed a Complaint for Custody in the Court of Common Pleas of Cumberland County indexed to the above-referenced term and number; and WHEREAS, the Court has scheduled a conciliation conference before John J. Mangan, III, Esquire, for Thursday, November 13, 2008, at 9:00 a.m.; and WHEREAS, the parties have negotiated a temporary resolution of the matter; and WHEREAS, the parties intend to enter a Temporary Order because of Father's handicapped condition; and WHEREAS, in the future in the event Father is able to provide his own transportation, the Order set forth in this Stipulation shall be modified by either agreement of the parties or further Order of Court. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The parties shall share legal custody of Peyton M. Long, date of birth April 29, 1993. The parties agree that major decisions concerning the child, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa. C.S. § 5309. 2. Mother shall have primary physical custody of the minor child subject to the partial custody rights of Father as follows: A. On alternating weekends beginning Saturday, November 22, 2008, from Saturday, at a time to be determined between Father and the minor child when she contacts her Father from the barn where she works on Saturdays, until Sunday evening at 7:00 p.m. Father will provide the transportation from the barn on Saturdays to his home and Mother will provide the transportation for the return of the child on Sunday evenings at 7:00 p.m. B. In the event the minor child has a horse show on Father's designated weekend, Father will pick up the child Saturday afternoon at the completion of her barn duties (approximately 4:00 p.m.) and return her to her Mother's home on Saturday evening at 9:00 p.m. C. Each Wednesday from approximately 6:15 p.m. until 9:30 p.m. Father will provide transportation for the Wednesday visit. On Wednesdays when the minor child has orthodontic appointments, Father will forego his visit. Mother must give Father at least forty-eight (48) hours notice of the appointment. 3. When Father is required to provide the transportation on Saturdays and Wednesdays, he shall be physically present in the car in which the child is transported. Jesse Hitz shall not be in the vehicle transporting the minor child. 4. Regardless of the weekend schedule Father shall have the child on Father's Day from 9:00 a.m. until 7:00 p.m. In the event Father's Day is a weekend that Mother has the child, Father will pick the child up at 9:00 a.m. at her residence and Mother will pick the child up at Father's residence at 7:00 p.m. for the return. In the event it is Mother's Day and Father has the child, Mother will pick the child up at 9:00 a.m. at Father's residence and will retain her for the day. 5. Father shall have the right to a twenty-four (24) hour period of time including one overnight during the Christmas holiday in addition to his scheduled weekend. The parties shall agree upon the day he will exercise that Christmas visit. Father will provide transportation for the Christmas holiday visit. 6. Because Father is handicapped, he is unable to provide transportation without the assistance of others. After Father secures a vehicle with hand controls, he will be able to provide his own transportation and the parties at that time will expand the partial custody schedule contained herein either by agreement or further Order of Court. 6 (SEAL) Phi ' H. Long (SEAL) 3"is . Sites WTTNRS? EXHIBIT "B" m 0 a o (3- 0 ra 0 cd O ?+ id > go b vn o }? o. 40. 0 Cy O p„ w .c ca y g.I p , O . F ' >' U w ? . C/1 , r a vn c cil z., G? U T .? . u. U w o o ° a es . qq Cl rJ b G ? w a r ?; E ia. rn L )> o , ? cy a L) U o wo, ? N y N W 0 0 to 0 O N EXHIBIT "C" The Sentinel Online : News : Local : Two charged after belly button ring incident in Mec... Page 1 of 1 Local Two charged after belly button ring incident in Mechanicsburg By Staff Reports, July 10, 2009 Last updated: Friday, July 10, 2009 2:46 PM EDT An argument over a belly button ring led to what Cumberland County District Attorney David Freed called "no doubt the first forced re-piercing case in my career." Mechanicsburg police announced Friday that Lisa Sites, 44, and Kory Sites, 46, both of the 200 block of West Marble Street, Mechanicsburg, had been charged with simple assault, endangering the welfare of a child and harassment. The incident happened at 11:04 p.m. Tuesday at the Sites' home, police said, and they were alerted when a girl came to the police department some time later with injuries. Investigation revealed that Lisa Sites was upset that the girl removed her belly button ring after it became infected, police said, and that she "attempted to forcefully put the ring back into the juvenile's navel area" while Kory Sites held the girl down. The girl was also struck in the face, police said. "Generally cases involving parents and children are defended by the parents claiming their inalienable right to discipline their children. I firmly support that concept," said Freed. "Having said that, I think the facts of this case speak for themselves. There is not necessarily a bright line, but the information in the criminal complaint clearly shows probable cause for a crime to be charged." Comment from the Sites' attorney, Terrence McGowan, was not available by deadline Friday. The Sites are free on $5,000 bail pending a preliminary hearing before Cumberland County Magisterial District Judge Mark Martin at 1:30 p.m. Aug. 5. ©2009, The Sentinel, a division of Lee Enterprises. Do not copy or redistribute. Article: Two charged after belly button ring incident in Mechanicsburg Author: By Staff Reports, July 10, 2009 URL: www.cumbedink.com/articles/2009/07/10/newsAocal/doc4a578c82434ae340683830.prt Mechanicsburg girl was assaulted by family over belly ring, police say Posted by lbrencid July 10, 2009 15:51PM A girl's decision to remove her belly ring provoked a family fight, according to Mechanicsburg police. The girl, who was unnamed by police because she is a juvenile, removed her belly ring Tuesday night because it had become infected, police said. Two adult family members in the home, Lisa Sites and Kory Sites, became upset over that, police said. Kory Sites held the girl down, police alleged, while Lisa Sites attempted to put the belly ring back in. The girl also was struck during the altercation, police said. She managed to get out of the home in the 200 block of West Marble Street and to the police station, police said. Kory and Lisa Sites were arrested a short time later and charged with assault. They were jailed in lieu of $5,000 bail. Categories: Breaking News, County. Cumberland, Courts, Crime, West shore PHILIP H. LONG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5437 LISA M. SITES, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Philip H. Long, hereby certify that I have served a copy of the foregoing Petition on the following on the date and in the manner indicated below: U.S. MAIL. FIRST CLASS. PRE-PAID Stephen J. Dzuranin, Esquire Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 JAMES, SMITH, DIETTERICK & CONNELLY,LLP Dated: 9_a CO 1 By: Hershey, PA 17033-0650 (717) 533-3280 BILE OF THE nn"" JIL 23 F'; 12. r lip"J * 7D. oo P 0 ATM CIL`? ']'13t(o I da8540 PHILIP H. LONG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA M. SITES DEFENDANT 2008-5437 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, July 28, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, September 07, 2009 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. 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/ [ hnf_Man r. 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 Fi OF THE Ul 29 FX 2809j 2: 02 ) ?Ai l 19 PHILIP H. LONG, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA M. SITES, DEFENDANT 08-5437 CIVIL TERM ORDER OF COURT AND NOW, this Yb day of July, 2009, a hearing shall be conducted on the within petition for emergency relief at 8:45 a.m., Friday, August 7, 2009, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court'" Edgar B. Bayley, J. ohn J. Connelly, Jr., Esquire For Philip H. Long ?Stephen J. Dzuranin, Esquire For Lisa M. Sites :sal (2D ?e5 Yt7Ic-k. -:: VARY OF TH", X909 J ^L 3 0 1'r l 12 '. 26 John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff/Petitioner PHILIP H. LONG, Plaintiff/Petitioner V. LISA M. SITES, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5437 CIVIL ACTION - LAW IN CUSTODY PETITION FOR INTERIM RELIEF REGARDING SCHOOL PLACEMENT AND NOW, comes the Plaintiff/Petitioner, Philip H. Long, by and through his counsel, John J. Connelly, Jr., Esquire and the law firm of James, Smith, Dietterick & Connelly, LLP, and files this Petition for Interim Relief and in support thereof avers the following: 1. The Petitioner, Philip H. Long, Plaintiff in the above-captioned action, (hereinafter referred to as "Father"), currently resides at 235 Redwood Lane, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Respondent, Lisa M. Sites, Defendant in the above-captioned action, (hereinafter referred to as "Mother"), currently resides at sides at 209 West Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties to this action are the biological parents of one minor child, namely, Peyton M. Long, date of birth April 29, 1993. She is 16 years old. 4. Peyton is going into her junior year at Mechanicsburg Senior High School and has attended the Mechanicsburg School District since she was in the seventh grade. The Court has scheduled a hearing on Father's Petition for Emergency/Special Relief on Friday, August 7, 2009 at 8:45 a.m. before your Honorable Court. A copy of said Petition is attached hereto as Exhibit "A". 6. At the time of the hearing Father is requesting that the Court enter the attached Order permitting Peyton to continue to attend the Mechanicsburg Senior High School pending further Order of Court and the completion of both the pending criminal charges and a complete resolution of the custody matter. 7. Counsel for Mother, Stephen J. Dzuranin, Esquire, concurs in the request contained in this Petition. 8. Since the school year begins on Monday, August 31, 2009, time is of the essence in having an Order entered maintaining her educational status quo until all matters are resolved. WHEREFORE, your Petitioner, Philip H. Long, requests that the Court enter an Order directing that the minor child, Peyton M. Long, remain in the Mechanicsburg School District pending further Order of Court. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP ? t (0 11 Dated: D By: John J. onn ly, Jr. A'ttor?eiv I.D. 15615 P.O-BotI650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff/Petitioner, Philip H. Long 2 VERIFICATION I, Philip H. Long, verify that the statements made in the foregoing pleading 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: Philip H. Lo g EXHIBIT "A" PHILIP H. LONG, Plaintiff V. LISA M. SITES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5437 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2009, upon consideration of the attached Petition for Emergency/Special Relief, filed by Plaintiff, Philip H. Long, it is hereby ORDERED and DECREED that Plaintiffs request is GRANTED. The Order dated November 19, 2008 is hereby suspended until further Order of Court. Plaintiff is granted primary legal and physical custody of the minor child, Peyton M. Long, date of birth April 29, 1993, until further Order of Court. The Defendant, Lisa M. Sites, is directed to promptly return to the minor child, Peyton M. Long, her clothing and personal effects. By the Court, J. Distribution: John J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 Stephen J. Dzuranin, Esquire, P.O. Box 845, Harrisburg, PA 17108-0845 John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff/Petitioner PHILIP H. LONG, Plaintiff/Petitioner V. LISA M. SITES, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5437 CIVIL ACTION - LAW IN CUSTODY PETITION FOR EMERGENCY/SPECIAL RELIEF AND NOW, comes the Plaintiff/Petitioner, Philip H. Long, by and through his counsel, John J. Connelly, Jr., Esquire, Courtney Kishel Powell, Esquire, and the law firm of James, Smith, Dietterick & Connelly, LLP, and files this Petition for Emergency/Special Relief and in support thereof avers the following: The Petitioner, Philip H. Long, Plaintiff in the above-captioned action, (hereinafter referred to as "Father"), currently resides at 235 Redwood Lane, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Respondent, Lisa M. Sites, Defendant in the above-captioned action, (hereinafter referred to as "Mother"), currently resides at sides at 209 West Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties to this action are the biological parents of one minor child, namely, Peyton M. Long, date of birth April 29, 1993. She is 16 years old. 4. On November 19, 2008, a Custody Order was entered with the consent of the parties granting primary custody to Mother and granting Father partial custody on alternating weekends from. Saturday until Sunday evening at 7:00 p.m. and every Wednesday from 6:15 p.m. until 9:30 p.m. A copy of the Custody Order is attached hereto and marked as Exhibit "A". 5. The minor child had a belly button ring which became infected and which she removed. During the evening hours of July 7, 2009, while the minor child was in Mother's custody, Mother and her husband, Kory Sites, became upset, held the minor child down while Mother attempted to put the belly button ring back in. The minor child was also struck in the face by her Mother during this incident causing visible injury. As a result of the altercation, Cumberland County Children and Youth Services were contacted and placed the minor child in Father's custody. A Safety Plan was issued at that time precluding the minor child from having any contact with Mother or her husband, Kory Sites, until the caseworker has had an opportunity to interview them. A copy of the Safety Plan is attached hereto and marked as Exhibit "B". 6. Attached hereto and marked as Exhibit "C" are the articles from The Carlisle- Sentinel and The Harrisburg Patriot News of Friday, July 10, 2009 describing the incident and the arrest. 7. Pursuant to Mother's bail conditions, she is not to have any contact with the minor child. 8. As a result of the altercation, both Mother and her husband were charged with simple assault', endangering the welfare of a child'-, and harassment. A Preliminary Heaving is scheduled for August 5, 2009 before Magisterial District Judge Mark Martin. ' 18 Pa. C.S.A. § 2701. 2 18 Pa. C.S.A. § 4304. 3 18 Pa. C.S.A. § 2709. 2 9. Father believes and therefore avers that it is in the minor child's best interest for him to have primary legal and physical custody. 10. Mother has a history of abusive behavior toward the minor child in the past and the child has advised Father that she does not want to return to the abusive environment in Mother's home. 11. Father is requesting that the Court order Mother to return all of the child's personal clothing and effects to her. 12. Pursuant to Cumberland County Rules of Civil Procedure No. 208.2(d), counsel for Mother was unable to be reached to discuss whether he concurs in this Petition. It is presumed that he does not concur. WHEREFORE, for the foregoing reasons, it is respectfully submitted that this Honorable Court grant this Petition for Emergency/Special Relief and suspend the current Custody Order and award Petitioner, Philip H. Long, primary legal and physical custody of the minor child until further Order of Court. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: rA "9, '" 6 ? By: Attorneys for Plaintiff/Petitioner, Philip H. Long 3 Attorney I.D. #81509 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 VERIFICATION I, Philip H. Long, verify that the statements made in the foregoing pleading 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. cr2 ?- . Date: Philip H. Lo?g f 140V 18 2000 (? PHILIP H. LONG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5437 LISA M. SITES, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER AND NOW, this day of November, 2008, upon consideration of the foregoing Stipulation and Agreement, it is hereby ORDERED and DECREED as follows: 1. The parties shall share legal custody of Peyton M. Long, date of birth April 29, 1993. The parties agree that major decisions concerning the child, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions .which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa. C.S. § 5309. 2. Mother shall have primary physical custody of the minor child subject to the partial custody rights of Father as follows: A. On alternating weekends beginning Saturday, November 22, 2008, from Saturday, at a time to be determined between Father and the minor child when she contacts her Father from the barn where she works on Saturdays, until Sunday evening at 7:00 p.m. Father will provide the transportation from the barn on Saturdays to his home and Mother will provide the transportation for the return of the child on Sunday evenings at 7:00 p.m. B. In the event the minor child has a horse show on Father's designated weekend, Father will pick up the child Saturday afternoon at the completion of her barn duties (approximately 4:00 p.m.) and return her to her Mother's home on Saturday evening at 9:00 p.m. C. Each Wednesday from approximately 6:15 p.m. until 9:30 p.m. Father will provide transportation for the Wednesday visit. On Wednesdays when the minor child has orthodontic appointments, Father will forego his visit. Mother must give Father at least forty-eight (48) hours notice of the appointment. When Father is required to provide the transportation on Saturdays and Wednesdays, he shall be physically present in the car in which the child is transported. Jesse Hitz shall not be in the vehicle transporting the minor child. 4. Regardless of the weekend schedule Father shall have the child on Father's Day from 9:00 a.m. until 7:00 p.m. In the event Father's Day is a weekend that Mother has the child, Father will pick the child up at 9:00 a.m. at her residence and Mother will pick the child up at Father's residence at 7:00 p.m. for the return. In the event it is Mother's Day and Father has the child, Mother will pick the child up at 9:00 a.m. at Father's residence and will retain her for the day. Father shall have the right to a twenty-four (24) hour period of time including one overnight during the Christmas holiday in addition to his scheduled weekend. The parties shall agree upon the day he will exercise that Christmas visit. Father will provide transportation for the Christmas holiday visit. 6. Because Father is handicapped, he is unable to provide transportation without the assistance of others. After Father secures a vehicle with hand controls, he will be able to provide his own transportation and the parties at that time will expand the partial custody schedule contained herein either by agreement or further Order of Court. By the Court, Distribution: John 1. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 Stephen 1. Dzuranin, Esquire, P.O. Box 845, Harrisburg, PA 17108-0845 John J. Mangan, III, Esquire, 17 West South Street. Carlisle, PA 17013 ECRU 61'?F 4v'%'4Lti 'Ai.F#V a isis,, PL PHILIP H. LONG, N THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PEl`'NSYLV IA v :F - t7l C9 N0 200$-5437 f « E-5 . . LISA M. SITES CIVIL ACTION - LAW Defendant IN CUSTODY c,a STIPULATION AND AGREEMENT h MADE this day of 2008, by and between Philip H. Long, hereinafter referred to as "Father," and Lisa M. Sites, hereinafter referred to as "Mother." WHEREAS, the parties hereto are the parents of one minor child, namely, Peyton M. Long, born April 29, 1993; and WHEREAS, Father has filed a Complaint for Custody in the Court of Common Pleas of Cumberland County indexed to the above-referenced term and number; and WHEREAS, the Court has scheduled a conciliation conference before John J. Mangan, III, Esquire, for Thursday, November 13, 2008, at 9:00 a.m.; and WHEREAS, the parties have negotiated a temporary resolution of the matter; and WHEREAS, the parties intend to enter a Temporary Order because of Father's handicapped condition; and WHEREAS, in the future in the event Father is able to provide his own transportation, the Order set forth in this Stipulation shall be modified by either agreement of the parties or further Order of Court. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The parties shall share legal custody of Peyton M. Long, date of birth April 29, 1993. The parties agree that major decisions concerning the child, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa. C.S. § 5309. 2. Mother shall have primary physical custody of the minor child subject to the partial custody rights of Father as follows: A. On alternating weekends beginning Saturday, November 22, 2008, from Saturday, at a time to be determined between Father and the minor child when she contacts her Father from the barn where she works on Saturdays, until Sunday evening at 7:00 p.m. Father will provide the transportation from the barn on Saturdays to his home and Mother will provide the transportation for the return of the child on Sunday evenings at 7:00 p.m. B. In the event the minor child has a horse show on Father's designated weekend, Father will pick up the child Saturday afternoon at the completion of her barn duties (approximately 4:00 p.m.) and return her to her Mother's home on Saturday evening at 9:00 p.m. C. Each Wednesday from approximately 6:15 p.m. until 9:30 p.m. Father will provide transportation for the Wednesday visit. On Wednesdays when the minor child has orthodontic appointments, Father will forego his visit. Mother must give Father at least forty-eight (48) hours notice of the appointment. 3. When Father is required to provide the transportation on Saturdays and Wednesdays, he shall be physically present in the car in which the child is transported. Jesse Hitz shall not be in the vehicle transporting the minor child. 4. Regardless of the weekend schedule Father shall have the child on Father's Day from 9:00 a.m. until 7:00 p.m. In the event Father's Day is a weekend that Mother has the child, Father will pick the child up at 9:00 am. at her residence and Mother will pick the child up at Father's residence at 7:00 p.m. for the return. In the event it is Mother's Day and Father has the child, Mother will pick the child up at 9:00 a.m. at Father's residence and will retain her for the day. 5. Father shall have the right to a twenty-four (24) hour period of time including one overnight during the Christmas holiday in addition to his scheduled weekend. The parties shall agree upon the day he will exercise that Christmas visit. Father will provide transportation for the Christmas holiday visit. 6. Because Father is handicapped, he is unable to provide transportation without the assistance of others. After Father secures a vehicle with hand controls, he will be able to provide his own transportation and the parties at that time will expand the partial custody schedule contained herein either by agreement or further Order of Court. {SEAL) ;Phii . Long SEAL) Sites WITNESS: EXHIBIT "B" •n °? 41 O b0 '. O . p_. ? eC o ° RS y 001, :. c A o 04 rn: w^ a ' 42 60 ? ? 5? 'Q €? d a _. ±- • La 77 y ? s C U N ?+ ? ?'' 4 C R E O° U Ic e V EXHIBIT "C" The Sentinel Online : News : Local : Two charged after belly button ring incident in Mec... Page 1 of 1 Local: Two charged after belly button ring incident in Mechanicsburg By Staff Reports, July 10, 2009 East updated: Friday, July 10, 2009 2:46 PM EDT An argument over a belly button ring led to what Cumberland County District Attorney David Freed called "no doubt the first forced re-piercing case in my career." Mechanicsburg police announced Friday that Lisa Sites, 44, and Kory Sites, 46, both of the 200 block of West Marble Street, Mechanicsburg, had been charged with simple assault, endangering the welfare of a child and harassment. The incident happened at 11:04 p.m. Tuesday at the Sites' home, police said, and they were alerted when a girl came to the police department some time later with injuries. Investigation revealed that Lisa Sites was upset that the girl removed her belly button ring after it became infected, police said, and that she "attempted to forcefully put the ring back into the juvenile's navel area" while Kory Sites held the girl down. The girl was also struck in the face, police said. "Generally cases involving parents and children are defended by the parents claiming their inalienable right to discipline their children. I firmly support that concept," said Freed. "Having said that, I think the facts of this case speak for themselves. There is not necessarily a bright line, but the information in the criminal complaint clearly shows probable cause for a crime to be charged." Comment from the Sites' attorney, Terrence McGowan, was not available by deadline Friday. The Sites are free on $5,000 bail pending a preliminary hearing before Cumberland County Magisterial District Judge Mark Martin at 1:30 p.m. Aug. 5. 02009, The Sentinel, a division of Lee Enterprises. Do not copy or redistribute. Article: Two charged after belly button ring incident in Mechanicsburg Author: By Staff ftg[ta, July 10, 2009 URL: www.cumberlink.com/articies/2009/07/10/news/local/doc4a578cB2434ae340683830,prt Mechanicsburg girl was assaulted by family over belly ring, police say Posted by Ibrenckl July 10, 200915:51PM A girl's decision to remove her belly ring provoked a family fight, according to Mechanicsburg police. The girl, who was unnamed by police because she is a juvenile, removed her belly ring Tuesday night because it had become infected, police said. Two adult family members in the home, Lisa Sites and Kory Sites, became upset over that, police said. Kory Sites held the girl down, police alleged, while Lisa Sites attempted to put the belly ring back in. The girl also was struck during the altercation, police said. She managed to get out of the home in the 200 block of West Marble Street and to the police station, police said. Kory and Lisa Sites were arrested a short time later and charged with assault. They were jailed in lieu of $5,000 bail. Categories: Breaking News., Coun,:_Cumberland, Courts Crone, )Kest shore PHILIP. H. LONG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2008-5437 LISA M. SITES, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Philip H. Long, hereby certify that I have served a copy of the foregoing Petition on the following on the date and in the manner indicated below: U.S. MAIL. FIRST CLASS, PRE-PAID Stephen J. Dzuranin, Esquire Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: 9 _? q D 4 By: Hershey, PA 17033-0650 (717) 533-3280 PHILIP H. LONG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5437 LISA M. SITES, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Philip H. Long, hereby certify that I have served a copy of the foregoing Petition on the following on the date and in the manner indicated below: U.S. MAIL. FIRST CLASS. PRE-PAID Stephen J. Dzuranin, Esquire Wix, Wenger & Weidner 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: ?o v r; By: J Connelly, Jr. A . #15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Tr i w ?.. r:r y 1 2 AUG 0 7 20096 PHILIP H. LONG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5437 LISA M. SITES, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 11)_ day of August, 2009, based on the Petition for Emergency/Special Relief and an agreement of the parties, the following Order is entered: 1. Plaintiff, Philip H. Long, shall have primary legal and physical custody of the minor child, Peyton M. Long, date of birth April 29, 1993. 2. This Order shall remain in effect pending further Order of Court and the resolution of the Plaintiff s Petition to Modify Custody which is scheduled for a conciliation conference on September 8, 2009. 3. Defendant, Lisa M. Sites, shall pack up for return to the minor child all of her clothes and personal effects. Plaintiff will be responsible for picking up the personal effects at Defendant's residence and will contact Defendant for the purpose of making arrangements for the pickup. 4. Because the Plaintiff is on Social Security Disability, the custodial parent receives the sum of $734.00 per month for the minor child. Payments are received by direct deposit on the second Wednesday of each month, said payment is for the preceding month. In the event Defendant receives the July payment on the second Wednesday in August, she shall forward to Plaintiff the sum of $550.50 representing seventy-five percent (75%) of the payment for July since Plaintiff has maintained physical custody of the minor child for seventy-five percent (75%) of the month of July. In the event Plaintiff receives the payment in August for July, he will refund to Defendant $183.50 representing twenty-five percent (25%) of the July payment for the period in July the minor child was in Defendant's custody. All future payments will go to the parent having primary custody. 5. In addition to the above, Defendant will pay to Plaintiff at the time he picks up the minor child's personal belongings the sum of $266.00 which represents the minor child's funds and will be deposited in the minor child's bank account recently opened by her. 6. The Order of this Court dated November 19, 2008 is vacated. 7. The emergency hearing in this matter scheduled for Friday, August 7, 2009 at 8:45 a.m. is canceled. Distribution: ,,I- J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 hen J. Dzuranin, Esquire, P.O. Box 845, Harrisburg, PA 17108-0845 l: ? ?'ES rn ?c ?cl? FUH PY OF THE 2 049 EUv 10 A'1 9: 9 1-5 e ,t AUG o 7 zoos ? PHILIP H. LONG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5437 LISA M. SITES, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 110 day of August, 2009, based on a Petition for Interim Relief Regarding School Placement and the agreement of the parties referenced therein and acknowledging that the Plaintiff, Philip H. Long, currently has primary legal and physical custody of the minor child, Peyton M. Long, date of birth April 29, 1993, the minor child shall remain enrolled in the Mechanicsburg Area School District pending further Order of Court. Defendant, Lisa M. Sites, shall have no obligation to provide any transportation for the minor child to attend the Mechanicsburg Senior High School, Cumberland Valley Vo-Tech or to any event or activity incidental thereto. stribution: ? Jqhn J. Connelly, Jr., Esquire, P.O ,,,-'Stephen J. Dzuranin, Esquire, P.O, l:G 7 i E.S ink c LAC, e5ro?v? Box 650, Hershey, PA 17033 Box 845, Harrisburg, PA 17108-0845 T--1r 2009 AUG 10 fu,`i 9: 39