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HomeMy WebLinkAbout02-1333 ROY F. LONG, JR., Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. JEANNEITE M. LONG, Defendant NUMBER: ~ _ /],"U CI~~l c.,-~ CUSTODY COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, ROY F. LONG, JR., by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is ROY F. LONG, JR., who currently resides at 2021 Arlington Street, Camp Hill, County of Cumberland, Pennsylvania. 2. Defendant is JEANNEITE M. LONG, who currently resides at 1060 Highspire Road, Harrisburg, County of Dauphin, Pennsylvania. 3. Plaintiff seeks to have rights of primary physical and shared legal custody with respect to ROY F. LONG, III, born February 2, 1995. The child was not born out of wedlock. The child is presently in the custody of Plaintiff, ROY F. LONG, JR. During the past five years, the child has resided with the following persons and at the following addresses: from March, 1997, until 1999, with both parents in Pennsylvania; from 1999 until September, 2000, with Plaintiff in Steelton, Pennsylvania, from September, 2000, to the. present with Plaintiff at 2021 Arlington Street, Camp Hill, Pennsylvania. The mother of the child is JEANNETIE M. LONG, who currently resides at 1060 Highspire Road, Harrisburg, Pennsylvania. She is married. The father of the child is ROY F. LONG, JR., who currently resides at 2021 Arlington Street, Camp Hill, Pennsylvania. He is married. 4. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with the child, with his girlfriend, Patricia Coburn, her two sons, Jordan Gonzalez, age 6, and Jaylen Gonzalez, age 6, and their daughter, Victoria N. Long, age 7 months. 5. The relationship of the Defendant to the child is that of mother. She currently resides with her boyfriend, Angelo Serpe. 6. 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 in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the child in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or who 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 confirming rights of temporary physical and shared legal custody in Plaintiff because Plaintiff has been denied consistent access to the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests that Your Honorable Court enter an Order confirming rights of primary physical and shared legal custody in Plain tiff. Respectfully submitted, cA. .-<..€~ CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Complaint 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. rJ bf? /()~ DATE ~(6 ROY . WNG, JR. ~ ~flg ....... w ~~ ~ () C -U~.' n" ~:f -7 L"~ #~,- -' (;,C -/ "':,' ~C- j~ ~7( .,.CJ ~'C ~:;'-" ~ c, o f! ) o .':> ::-;: :;~x::. ;;J co ~.-:J Co.",) Ul o -n G " , C) . 'rn ~:i 5~ -< ROY F. LONG, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 02-1333 CIVIL ACTION LAW JEANNETTE M. LONG DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 28, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyue, PA 17043 on Monday, April 29,2002 at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Melissa P. Greevy. Esq. ~Il^ Custody Conciliator U The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ ~~ ~~ ('~.I-h . -;/!i' ~ ~ ~dt: ~. /./1 ~ pt:- ~~-rP riJ,/./t \f\N'if^lASNtfJd JJ.NflQ:) O~"IJ'l>:EtVln8 \ Z :1:; \ld \ - tld'~ 20 . ,]0 II ROY F. LONG, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1333 CIVIL ACTION - LAW JEANNETTE M. LONG, Defendant IN CUSTODY TO: Plaintiff YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM THE DATE F SERVICE HEREOF OR A DEF T JUDG MAY BE EN RED GA OU. ANSWER AND COUNTERCLAIM TO COMPLAINT FOR CUSTODY AND NOW, comes your Defendant, JEANNETTE M. LONG, by and through her counsel, Cunningham & Chernicoff, P.C., who files this Answer and Counterclaim to Complaint for Custody and in support thereof avers the following: 1. Admitted. II 2. Admitted. 3. The averments of Paragraph 3 are partially admitted and partially denied. The identity of the parties and the addresses at which the minor child has lived during the past five (5) years are admitted. The allegation regarding Plaintiff's desire to seek primary physical and share legal custody of the minor child represent conclusions of law to which a response is not required. It is also denied that residency and individuals with whom this child has resided is correctly stated in the Complaint. From 1999 until December, 2000, not September, 2000, the child resided with both Plaintiff and Defendant who lived in the same house. In December, 2000, Plaintiff and Defendant separated and Plaintiff began, at that point, to live with his girlfriend at 2021 Arlington Street, camp Hill, Pennsylvania. 4. Admitted. 5. Admitted. 2 II 6. Admitted. 7. The averments of Paragraph 7 represent a conclusion of law and/or fact to which a response is not required. If a response is specifically required, it is denied that the best interests and permanent welfare of the child will be served by confirming rights of custody in the Plaintiff and it is also further denied Plaintiff has been denied constant access to the child as is more fully set forth in the Counterclaim. 8. Admitted. WHEREFORE, Defendant, JEANNETTE M. LONG, respectfully requests that your Honorable Court deny an Order confirming rights of primary physical and shared joint legal custody in the Plaintiff. COUNTERCLAIM 9. The averments of paragraphs 1 through 8 of the Answer are incorporated herein by reference as if more fully set forth herein. 3 II 10. Over the course of the past nine (9) months, Roy F. Long, III, has been physically struck in the face by the Plaintiff's girlfriend, patricia Coburn, and although this matter has been raised with the Plaintiff, ROY F. LONG, JR., in November, 2001, the minor child has again been stricken as late as April 12, 2002. 11. Plaintiff has failed to take positive steps to protect his minor son from the aggressive corporal punishment of his girlfriend and, in fact, dismissed such claims as not being credible. 12. Over the course of the past two (2) years, Plaintiff has taken such action as to poison or attempt to poison the relationship between the Defendant and her child. 13. Defendant, from 1997 through December, 2000, shared joint custody of the parties' minor child and since December, 2000, it is the Plaintiff, and not the Defendant, who has engaged in the practice of denying Defendant physical access to the minor child. 4 II 14. The best interests and permanent welfare of the child will be served by confirming rights of primary physical custody and joint shared legal custody in Defendant, JEANNETTE M. LONG, as the minor child's physical and emotional welfare is being compromised by his remaining in the home provided to him by the Plaintiff, ROY F. LONG, JR. WHEREFORE, Defendant, JEANNETTE M. LONG, requests that your Honorable Court enter an Order rights of primary physical and joint shared legal custody in Defendant. Date: I!r-/o-z- P.C. By: J an unningham, Esquire .D. #2 44 320 N rth Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 (Attorneys for Defendant) bl\docs\answers\long .- II VERIFICATION I verify that the statements made in the foregoing ANSWER 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.A. S4904, relating to unsworn falsification to authorities. DateOp"J~ if~1YJ-? - (I ROY F. LONG, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1333 CIVIL ACTION - LAW JEANNETTE M. LONG, Defendant IN CUSTODY CERTIPICATB OP SERVICE I do hereby state that I served a true and correct copy of the ANSWER AND COUNTERCLAIM TO COMPLAINT FOR CUSTODY in the above captioned matter, by placing the same in the U.S. mail, postage prepaid, on April 19, 2002, addressed to: Charles E. Petrie, Esquire 3538 Brisban Street Harrisburg, PA 17111 (Attorneys for plaintiff) Respectfully submitted, Date: Aoril 19. 2002 & CHERNICOF~:) A. Morrison, Secretary 20 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 >- r- (: n; ", -'., =-) UJ IT' ,..~ ~ '-.) 2: ~;::: ;'.d" "" .._~: -; (J ) ~.:.J >- C':) ("-I "'.1 U) "" ....- li-~ ,- '<:: CC cc:: :.~-jLU L__ '"J(1. ...:'.l > -.-:.. lc (',J i3 () c.:;- - , MAY 1 3 200? ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1333 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ROY F. LONG, JR., v. JEANNETTE M. LONG, Defendant ORDER OF COURT AND NOW, this I l./ - day of May, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Roy F. Long, Jr. and Jeannette M. Long, shall have shared legal custody of the minor child, Roy F. Long, III, born February 2, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Father shall have primary physical custody subject to Mother's rights of partial physical custody which shall be arranged as follows: A. Effective May 8, 2002, each Wednesday from 3:00 p.m. to 7:30 p.m. B. Effective May 10, 2002, alternating weekends from Friday at 3:00 p.m. until Monday morning when the child is returned to school. During the summer, Mother's return time shall be 1 :00 p.m. ... VlNV^1t\.SNN3d JJNOOO Gl'I\llt!38V'lOO 9 I :8 Wd +j I ,\Viol 20 AUl410r,lnLi'-',-..: ~lLIi :lO. a'f l'VII.....VI.,,-'," ._11J,.. 381:l:1O....0:Jli:l NO. 02-1333 CIVIL TERM 3. Vacation. Mother shall be entitled to one (1) week of vacation in the month of June and in the month of August. Mother shall be entitled to two (2) weeks of vacation in the month of July. A week of vacation shall be defined to run from 4:00 p.m. Friday to 4:00 p.m. the following Friday. The parties shall provide each other with notice of the weeks they intend to use no later than May 24, 2002 for the summer of 2002. In subsequent years, the parties shall provide notice no later than April 1 st of that year. 4. Holidays. The holiday schedule shall take precedence over the regular and vacation schedules. The following holidays will be alternated: New Year's Day, Easter, Memorial Day, Fourth of July, and Labor Day, to commence with Mother having custody for the Memorial Day weekend in 2002. For the weekends of Memorial Day and Labor Day, the parties have defined the weekend to run from Friday at 3:00 p.m. until Monday at 7:30 p.m. Other holidays in the alternating schedule shall be from 9:00 a.m. until 7:30 p.m. 5. Christmas. The parties shall share the Christmas holiday school break. For 2002 and subsequent even numbered years, Segment A of the Christmas break shall begin on the day schools ends and continue until December 25th at 3:00 p.m. Segment B shall run from December 25th at 3:00 p.m. until January 1st of the following year. In 2002 and subsequent even numbered years, Mother shall have Segment A and Father shall have Segment B. In odd numbered years, Father shall have Segment A and Mother shall have Segment B. The parties contemplate that they will share future Christmas holiday school breaks in a somewhat equal fashion and that the days may vary depending on the day that school is dismissed for the holiday break and as the day of Christmas moves throughout the calendar week. 6. Thanksgiving. Thanksgiving shall be divided into two (2) segments. Segment A shall be from 9:00 a.m. to 3:00 p.m. Segment B shall be from 3:00 p.m. to 9:00 p.m. Additionally, Segment A shall include Friday and Monday following the holiday and Segment B shall include Saturday and Sunday following the holiday. To commence in 2002 and subsequent even numbered years, Father shall have Segment A and Mother shall have Segment B. In odd numbered years, Mother shall have Segment A and Father shall have Segment B. 7. Mother's Day / Father's Day. Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. The custodial period for these days shall run from 9:00 a.m. until 8:30 a.m. the following morning. 8. The parties contemplate that because of the precedence of the holiday schedule over the regular schedule that it may occasionally occur that one parent may have custody three (3) consecutive weekends in a row. ," NO. 02-1333 CIVIL TERM 9. The non-custodial parent shall have reasonable telephone access with the child while in the custody of the other parent. 10. Clothing shall be deemed to belong to the child. Therefore, clothing for each day of Mother's period of custody shall be provided by Father on the day in which Mother's period of custody commences. Mother shall return clean clothing to Father at the end of her period of custody. 11. No later than May 8, 2002, Father will provide Mother with a copy of the child's baseball schedule, dates, times and locations of all games and practices. In the future, neither parent shall plan events or extracurricular activities for the child which may occur on the other parent's custodial time without the express agreement of the other parent. 12. The parties shall participate in therapeutic family counseling to assist the parties in improving their ability to parent this child together and to provide them with assistance in establishing consistent disciplinary practices. Unless otherwise agreed, the parties shall participate in therapeutic counseling through Innerworks or Guidance Associates. In determining a choice of provider, the parties shall work with their counsel to maximize the available health insurance benefits for this purpose. Any costs of counseling services unreimbursed by medical insurance shall be borne equally by the parties. The parties shall attend a minimum of six (6) counseling sessions. At the discretion of the counselor or therapist, additional family members or significant others may also be asked to participate in the counseling. 13. This Order is temporary in nature. If within sixty days of the date of this Order an additional Conference is needed, counsel for either party may contact the Conciliator by letter to request that the Custody Conciliation Conference be reconvened. BY THE COURT: Dis!: Charles E. Petrie, Esquire, 3528 Brisban Street, Harrisburg, PA 17111 Jordan D. Cunningham, Esquire, P.O. Box 60457, Harrisburg, PA 17106-0457 J. )~ ~ .~/S-().L 9-. MAY 1 3 2002 ~ ROY F. LONG, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-1333 CIVIL TERM v. CIVIL ACTION - LAW JEANNETTE M. LONG, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Roy F. Long, III February 2, 1995 Father 2. A Custody Conciliation Conference was held on May 7, 2002 pursuant to Father's Complaint for Custody filed on March 18,2002. On April 22, 2002, Mother filed an Answer and Counterclaim to the Complaint for Custody. Present for the conference were the Father, Roy F. Long, Jr., and his counsel, Charles E. Petrie, Esquire; the Mother, Jeannette M. Long, and her counsel, Jordan D. Cunningham, Esquire and John M. Hyams, Esquire. 3. The parties reached an agreement in the for rder as attached. {h elissa Peel Greevy, Esquire Custody Conciliator :158080 .~ ROY F. LONG, JR., Plaintiff vs. , JEANNETTE M. LON9. Defendant , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1333 CIVIL IN CUSTODY ORDER AND NOW, this /1.. ~ day of August, 2006, in accordance with the request of the parties dated August 11, 006, and attached hereto, our custody order of May 14,2002, is VACATED and the capt oned case is DISMISSED. Ray F. Long, Jr. Jeannette M. Long 485C State Street Oberlin,PA 17113 :rlm BY THE COURT, -(~-ob ~V ~ J* FILED-Ol-nCE OF THE PROTHONOTARY 200& AUG 16 PH 2: 56 CUM";:;,,' ,\, .,'; I 'fIUNlY ,"""..... .... -' .. '"" PENNSYLVANiA