Loading...
HomeMy WebLinkAbout10-40920 OM' ir.A U ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 LEIA ARMSTRONG, Plaintiff V. GEORGE LEADER, Defendant [y . T! i0l0j1- 17 R.3 tE? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. id-'109) CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 1. Plaintiff is the Mother, Leia Armstrong, who currently resides at 226 Peach Glen Road, Gardners, Cumberland County, Pennsylvania 17324. 2. Defendant is the Father, George Leader, who currently resides at 18 Galli Road, Halifax, Dauphin County, Pennsylvania 17032. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Paragraphs one (1) through three (3) of this Complaint are incorporated herein by reference as though set forth in full. 5. The Plaintiff seeks custody of Morgan Leader, born July 5, 2002. 6. Morgan was born in wedlock. 5'17? ad?da'? ,?? ay3y ZY391? 7. The child is in the primary custody of the Plaintiff, residing at 226 Peach Glen Road, Gardners, Pennsylvania. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Leia Armstrong and Daniel Armstrong Leia Armstrong, Carla & Brad Bowman Leia Armstrong and James Leitzel Leia Armstrong and George Leader Address 226 Peach Glen Road, Gardners, PA 804 Ridge Road Halifax, PA 230 Gilbert Road Dillsburg, PA RD 4, Box 280 Newport, PA Date Late 2006 to Present 2003-2004 and early 2006 2004 to 2005 Birth to 2003 8. The mother of the child is Leia Armstrong, who currently resides at 226 Peach Glen Road, Gardners, Cumberland County, Pennsylvania 17324. 9. The father of the child is George Leader, who currently resides at 18 Galli Road, Halifax, Dauphin County, Pennsylvania 17032. 10. The mother of the child is married. 11. The father of the child is not married. 12. The relationship of Plaintiff to the child is that of Mother. 13. The relationship of Defendant to the child is that of Father. 14. The Plaintiff currently resides with her husband, Daniel Armstrong and the minor child. 15. The Defendant currently resides with: Unknown. 16. The 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 any other court. 17. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 18. The Plaintiff does not know of a person nor 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. 19. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. On or about January 15, 2004, the parties entered into a Marital Settlement Agreement pursuant to their divorce in Dauphin County, Pennsylvania that provided for a custody and visitation schedule. b. The custody and visitation schedule outlined in Paragraph 4 of the Marital Settlement Agreement, has not been followed by the parties since 2005; Father has exercised partial physical custody of Morgan on alternating Saturdays or Sundays only. c. The partial physical custody exercised by Father has been scheduled around his work schedule as he works a third shift position. d. Mother is seeking an Order of Court that confirms the schedule that the parties have been following for approximately six (G) years. e. Mother is seeking an Order of Court as the relationship between the parties has become strained, and Father has been threatening to interfere with the present custody arrangement. 20. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. i?1YEREFORE, the Plaintiff requests that This Honorable Court grant primary legal and physical custody of the minor child to both the Plaintiff and provide the Defendant partial physical custody on alternating Sundays. DATE 01 C? Respectfully submitted, ABom & KUTuAm, L.L.P. Kara W. Haggerty Q Supreme Court ID 86411 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff I, LEIA ARMSTRONG, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date 10 CERTIFICATE OF SERVICE AND NOW, this ?a of June, 2010, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified mail and First-class mail, postage prepaid addressed to the following: George Leader 18 Galli Road Halifax, PA 17032 Respectfully submitted, ABom & KUTULAKis, L.L.P. Kara W. Haggerty, ID No. 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff 0 w ~~BOM ~' LITLILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717)249-0900 LELA ARMSTRONG, Plaintiff v. GEORGE LEADER, Defendant 201U J~.~L -2 Phi 2~ 4p ti ~ ~_ PC;ti!`I`'~,~4 tier-Feu;%, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-4092 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY AFFIDAVIT OF SERVICE I, Kara W. Haggerty, hereby certify that I did serve a true and correct copy of the Custody Complaint, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, postage prepaid, on George Leader, at Halifax, Pennsylvania, addressed as follows: Return card acknowledging receipt on June 24, 2010 is attached as Exhibit "A". ABOM ~ KUTULAIffS~ I•T p r ~ Kara W. Haggerty, E Attorney I.D. No: 86 1 2 West High Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaint ^ Complete items `1, 2,. and 3. Also complete Item 4 ff Res6lcted f~ivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1, Article Addressed to: ~. P_tC~ O Agent ^ Addressee ( ~ Name) C. Date of Delivery D. I.s delivery address different frorri item 11 ^ Ye: If YES, enter delivery address below: ^ Nn a. se~i~e type ~ertitied Mail ^ Egress Mail ^ Registered ^ Return Receipt far Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Deliver~/1(Extra Fee) ^ Yes Z AAk,A Nrxrlbrar r~~~«rro.Nrhy 7~~B 1830 003 5942 5579 P3 Form 3b11., F~bnwy 2004 DortnNic Redm Rso.ipt ,ozaas~a¢~-~s+o EXHIBIT `A" ' AUG U~2010 LEIA, ARMSTRONG, IN THE COURT OF COMMON P AS~F Plaintiff CUMBERLAND COUNTY, P YL ~:-~1, =~ v, No. 10-4092 CIVIL ACTION LAW ; a - ~~~'~ GEORGE LEADER, IN CUSTODY ~ ~, q, Defendant - - Gl ~~ r ~ - ORDER OF COURT ' ,,a AND NOW this ~~ day of August 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Le~zal Custody: The Father, George Leader, and the Mother, Leia Armstrong, shall have shared legal custody of Morgan Leader, born 07/05/2002. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Phv~ical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. During the summer time when school is not in session, commencing 08/16/10, Father shall have physical custody of Morgan every other Monday from ?:30 am until Tuesday 5:30 pm. The parties shall exchange custody at the McDonald's on Front Street in Harrisburg absent agreement to an alternative location. It is strongly encouraged, but not directed, that Father have additional periods of physical custody when he is able to by agreement of the parties. The parties shall endeavor to be flexible in regard to the physical custody of Morgan. b. During the school year, Father shall have physical custody of Morgan on alternating weekends on Saturday and Sunday from 2:00 pm unti17:30 pm each day. The parties shall exchange custody of Morgan at the Sheetz in Halifax absent agreement to an alternative location. It is strongly encouraged, but not directed, that Father have additional periods of physical custody (specifically on Mondays and Tuesdays (from 3:30 unti17:30) in the evening when he is off of work when he is able to by agreement of the parties. The parties shall endeavor to be flexible in regard to the physical custody of Morgan. c. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: In regard to the holiday schedule, Father shall have Christmas Day, Easter Sunday and 'Thanksgiving Day from 1:00 pm. unti17:00 pm every year. 5. Each parent shall have one week (seven consecutive days) of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. It has been agreed upon that each parent shall not schedule their respective vacation over the Child's birthday. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be coached during their vacation. The parties may expand this vacation time by mutual agreement. 6. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third parry to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. In the event that Father is not pen'nitted to see Morgan on his days off on Monday or Tuesday during school or during the school year, without a valid reason, the assigned conciliator shall hear the issue in an expedited manner by Father or Mother contacting the assigned conciliator directly. 11. This Order is entered pursuant to 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, I ~ D' 'bution: ~ Haggerty, Esquire ge Leader, 4124 Apt. C 16, Spring Valley Rd., Harrisburg. PA 17109 ohn J. Mangan, E~wire ~ E'S rn.~ t l£c~ 8! ~ cv LEIA ARMSTRONG, IN THE COURT OF COMMON PLEAS OF pla~~ CUMBERLAND COUNTY, PENNSYLVANIA ~, No. 10-4092 CIVIL ACTION LAW GEORGE LEADER, IN CUSTODY Defendant . CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Curnently in the Custod~of Morgan Leader 07/05/2002 Primary Mother 2. A Conciliation Conference was held with regard to this matter on July 30, 2010 with the following individuals in attendance: The Mother, Leia Armstrong, with her counsel, Kara Haggerty, Esq. The Father, George Leader, self-represented parry. 3. The parties agreed to the entry of an Order in the form as attached. `-~ ~-. !~ Jo J. an uire Date 8 ~ ~1 C Conciliator