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HomeMy WebLinkAbout06-5506MEGGAN J. ARMSTRONG, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. STEPHEN ARMSTRONG, CIVIL ACTION -LAW Defendant CHILD CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 MEGGAN J. ARMSTRONG, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 0 to - s56(o STEPHEN ARMSTRONG, CIVIL ACTION -LAW Defendant CHILD CUSTODY COMPLAINT FOR CHILD CUSTODY AND NOW comes the Plaintiff, Meggan J. Armstrong, by and through her attorney, Kristin R. Reinhold, Esquire, and respectfully requests this Honorable Court award her custody of the subject minor child, and in support thereto, avers the following: 1. Plaintiff is Meggan J. Armstrong, an adult individual residing at 1059 York Road, Dillsburg, Cumberland County, Pennsylvania. 17019. 2. Defendant is Stephen Armstrong, an adult individual residing at 211 Castle Shannon Boulevard, Mount Lebanon, Allegheny County, Pennsylvania. 15228. 3. The subject child is Landrie Adore Armstrong, born May 12, 2002. 4. The relationship of the Plaintiff to the subject minor child is that of natural mother. 5. The relationship of the Defendant to the subject minor child is that of natural father. 6. The minor child has resided at the following addresses, in the custody of the following individuals: a. From birth, May 12, 2002 until October 31, 2004 - the subject minor child resided with Plaintiff and Defendant at 1446 Timber Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania. b. From October 31, 2004 to December 12, 2004 - the subject minor child resided with Plaintiff and maternal grandparents at 4114 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania. c. From December 12, 2004 to March 8, 2005 - the subject minor child resided with Plaintiff and Defendant at 1446 Timber Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania. d. From March 8, 2005 to June, 2005 - the subject minor child resided with Plaintiff and Defendant at 35 Highland Drive, Pittsburgh, Pennsylvania. e. From June, 2005 to June 16, 2006 - the subject minor child resided with Plaintiff and Defendant at 850 Baldwin Street, Apt. 136, Pittsburgh, Pennsylvania. f. From June 16, 2006 to present - the subject minor child resides with Plaintiff and the child's maternal aunt and uncle, Becky and Michael Horn, as well as their two children, at 1059 York Road, Dillsburg, Cumberland County, Pennsylvania. 7. There have been no prior actions for custody of the subject minor child in this or any other jurisdiction. 8. The Plaintiff is not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor child. 9. The Plaintiff believes and therefore avers that she is much better able to meet the needs of the subject minor child than the Defendant. 10. The Plaintiff believes and therefore avers that it is in the best interest of the subject minor child that she be placed in her legal and physical custody. WHEREFORE, Plaintiff requests this Honorable Court award her custody of the subject minor child. Respectfully submitted, mglestownRoad Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Meggan J. Armstrong AFFIDAVIT I, ?Y)Qmtot n ArcnOyan4 , hereby certify that the aforegoing is 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. 4909 relating to unsworn falsifications to authorities. Dated: 9 h- s-1/200 (o c F MEGGAN J. ARMSTRONG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-5506 CIVIL ACTION LAW STEPHEN ARMSTRONG IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, September 25, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, October 24, 2006 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator 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 22 7"V IQ s 'f!N`vAl\' aNNlD-d AiNt L S .Z ;RJ -cZ JIS 96101 I,C17'Lui i : ?!d DH I. JO 3)!?4? Ci?1? NOV 0 R 2006?W _,? MEGGAN J. ARMSTRONG IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-5506 CIVIL ACTION LAW STEPHEN ARMSTRONG Defendant IN CUSTODY ORDER OF COURT AND NOW, this 3c d day of N 6,4 cVh \6 Gr , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Stephen Armstrong, and the Mother, Meggan J. Armstrong, shall have shared legal custody of Landrie Adore Armstrong, born May 12, 2002. 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 her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends, beginning November 10, 2006, from Friday after work between 4:30 and 5:30 p.m. through Sunday at 7:30 p.m. In addition, the Father shall have custody every week from Wednesday after work between 4:30 and 5:30 p.m. through Thursday morning when the Father shall return the Child to preschool. The Father may have additional periods of custody with the Child as arranged by agreement between the parties. The Father's first two weekday overnight periods shall take place on Thursdays, November 1 and 8 due to prior plans and thereafter shall be on Wednesdays with the understanding that the parties shall cooperate in moving the overnight to another weekday to accommodate special activities or events. In the event that the Father is not taking the Child to church during his weekend period of custody, the Father shall notify the Mother by the preceding Saturday and the Mother shall be entitled to obtain custody of the Child on Sunday at 10:30 a.m. for church and shall return the Child to the Father's residence immediately following the church service. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In every year, the Father shall have custody of the Child from Christmas Eve at 4:00 p.m. through Christmas Day at 11:00 a.m. and the Mother shall have custody from Christmas Day at 11:00 a.m. through December 26th at 4:00 p.m. The parties shall share having custody over the remainder of the Child's holiday break from preschool/school as agreed. B. Thanksgiving: In every year, the Father shall have custody of the Child from between 4:30 and 5:30 p.m. on the Wednesday before Thanksgiving through the weekend following Thanksgiving and the Mother shall have custody over the entire weekend preceding Thanksgiving. C. Alternating Holidays: In even numbered years, the Mother shall have custody of the Child on Easter Sunday and Independence Day and the Father shall have custody on Memorial Day and Labor Day. In odd numbered years, the Father shall have custody on Easter Sunday and Independence Day and the Mother shall have custody on Memorial Day and Labor Day. The holiday periods o f custody shall run from 10:00 a.m. until 7:30 p.m. on the holiday, with the exception o f Independence Day which shall run until after the fireworks. D. Mother's Dayjather's Day: The Mother shall have custody on Mother's Day and the Father shall have custody on Father's Day from 10:00 a.m. until 7:30 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each parent shall be entitled to have custody of the Child for two weeks for vacation each year upon providing at least 30 days advance notice to the other parent. The party providing notice first under this provision shall be given priority on the selection of vacation dates. 6. I n the e vent either p arent intends to remove the Child from his or h er residence for an overnight period or longer, that parent shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. 7. This O rder i s e ntered p ursuant t o a n a greement o f t he p arties a t a c ustody c onciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT: ?K -? ?AA I J. ? cc: tephen Armstrong- Father Aistin R. Reinhold, Esquire - Counsel fo A mol MEGGAN J. ARMSTRONG Plaintiff VS. STEPHEN ARMSTRONG Defendant Prior Judge: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 06-5506 CIVIL ACTION LAW IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Landrie Adore Armstrong May 12, 2002 Mother 2. A custody conciliation conference was held on October 30, 2006, with the following individuals in attendance: The Mother, Meggan J. Armstrong, with her counsel, Kristin R. Reinhold, and the Father, Stephen Armstrong, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 Attorney for Defendant, Stephen Armstrong MEGGAN J. ARMSTRONG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. STEPHEN ARMSTRONG, Defendant NO. 06-5506 Civil Term : CIVIL ACTION -LAW : IN CUSTODY COMPLAINT TO M015IFY CUSTODY ORDER AND NOW, this of March, 2008, comes the Defendant, Stephen Armstrong, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Defendant is Stephen Armstrong, an adult individual currently residing at 6331 Linglestown Road, Harrisburg, Dauphin County, Pennsylvania 17112. 1. 2. The Plaintiff above named is Meggan J. Armstrong, an adult individual who is represented by Attorney Kristin R. Reinhold, Esquire, whose office is located at 5922 Linglestown Road, Harrisburg, Dauphin County, Pennsylvania 17112. 3. Plaintiff and Defendant are the parents of one child; namely, Landrie Adore Armstrong, born May 12, 2002. 4. Attached hereto and marked Exhibit "A" is a copy of n Order of Court dated November 3, 2006 setting forth the current custodial arrangement between the parties and the minor child. 5. The Defendant, Stephen Armstrong, believes that the best interest of his daughter will be served by granting him primary physical custody. 6. The Defendant, Stephen Armstrong, believes that it may be best for a custody evaluation to be conducted. 7. Defendant believes that he is better able to provide a stable environment for his daughter. 2. WHEREFORE, Defendant, Stephen Armstrong, respectfully prays Your Honorable Court to modify the Order of Court entered November 3, 2006 granting him primary physical custody of his daughter. Respectfully submitted, i BY: iane M. Dils, Esquire 1400 North Second Street Date: '51 '0 /0 a Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 EXHIBIT "A" 1y1,?u. ? 6 cuUb ?4 MEGGAN J. ARMSTRONG IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-5506 CIVIL ACTION LAW STEPHEN ARMSTRONG Defendant IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of 60%Je_MbP_1Z 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Stephen Armstrong, and the Mother, Meggan J. Armstrong, shall have shared legal custody of Landrie Adore Armstrong, bom May 12, 2002. 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 her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends, beginning November 10, 2006, from Friday after work between 4:30 and 5:30 p.m. through Sunday at 7:30 p.m. In addition, the Father shall have custody every week from Wednesday after work between 4:30 and 5:30 p.m. through Thursday morning when the Father shall return the Child to preschool. The Father may have additional periods of custody with the Child as arranged by agreement between the parties. The Father's first two weekday overnight periods shall take place on Thursdays, November 1 and 8 due to prior plans and thereafter shall be on Wednesdays with the understanding that the parties shall cooperate in moving the overnight to another weekday to accommodate special activities or events. In. the event that the Father is not taking the Child to church during his weekend period of custody, the Father shall notify the Mother by the preceding Saturday and the Mother shall be entitled to obtain custody of the Child on Sunday at 10:30 a.m. for church and shall return the Child to the Father's residence immediately following the church service. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In every year, the Father shall have custody of the Child from Christmas Eve at 4:00 p.m. through Christmas Day at 11:00 a.m. and the Mother shall have custody from Christmas Day at 11:00 a.m. through December 26`h at 4:00 p.m. The parties shall share having custody ovel the remainder of the Child's holiday break from preschool/school as agreed. B. Thanks ig vinw In every year, the Father shall. have custody of the Child from between 4:30 and 5:30 p.m. on the Wednesday before Thanksgiving through the weekend f6llowing Thanksgiving and the Mother shall have custody over the entire weekend preceding Thanksgiving. C.' Alternating Holidays: In even numbered years, the Mother shall have custody of the Child on Easter Sunday and Independence Day and the Father shall have custody on Memorial Day and Labor Day. 'i In odd numbered years, the Father shall have custody -on Easter Sunday and Independence Day', and the Mother shall have custody on Memorial Day and Labor Day. The holiday periods o f c ustody s hall run from 10:00 a.m. until 7:30 p.m. o n t he h oliday, w ith t he e xception o f Independence Day which shall run until after the fireworks. D. Mother's Day/Father's Day: The Mother shall have custody on Mother's Day and the Father shall have custody on Father's Day from 10:00 a.m. until 7:30 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each parent shall be entitled to have custody of the Child for two weeks for vacation each year upon providing at least 30 days advance notice to the other parent. The party providing notice first under this provision shall be given priority on the selection of vacation dates. 6.. 1 n the a vent either p arent intends to remove the Child from his or h er residence for a n overnight period or longer, that parent shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. 7. This O rder i s e ntered p ursuant t o an a greement o f the p arties a t a c ustody c onciliation 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: cc: Stephen Armstrong- Father Kristin R. Reinhold, Esquire - Counsel for Mother a 191 , TRUE COPY In Testimony, and t e seal of T ........ da I FRnA,4 RECORD sst my hand ??, ?:,,,?fisle, Pa. i,,.LG GA1 J. AR14iSTRONG Plaintiff vs. STEPHEN ARMSTRONG Defendant Prior Judge: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,Y 06-5506 CIVIL ACTION LAW IN CUSTODY 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Landrie Adore Armstrong May 12, 2002 Mother 2. A custody conciliation conference was held on October 30, 2006, with the following individuals in attendance: The Mother, Meggan J. Armstrong, with her counsel, Kristin R. Reinhold, and the Father, Stephen Armstrong, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. ??c.? ???aooLl Date Dawn S. Sunday, Esquire Custody Conciliator a VERIFICATION COMPLAINT TO MODIFY I verify that the statements made in this CUSTODY ORDER 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. STEPHEN ARMSTRONG Date: Z/-Z ?? / 0 F' CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Complaint to Modify Custody Order has been served upon the following individual, by first class, United States mail, postage prepaid, by placing a copy of the same at the post office in Harrisburg, Pennsylvania, on this 10 _ day of Gr , 2008, addressed as follows: Kristin R. Reinhold, Esquire Silliker & Reinhold 5922 Linglestown Road Harrisburg, PA 17112 Respectfully submitted, BY: iane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 233-8743 I.D. No. 71873 Date: 5110/off ? ? ? C`) ? ? ? ? o __ ?' a -? 9? ?. ? .p .._. x..., c a v _ _ -? ?? ? ?, ? ; =?r? ,-?? ? ; ?? MEGGAN J. ARMSTRONG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN ARMSTRONG DEFENDANT 2006-5506 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, , Monday, March 17, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, April 16, 2008 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entrv of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Es q, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 )7k t^i'? r t .J. MEGGAN J. ARMSTRONG, Plaintiff V. STEPHEN ARMSTRONG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5506 CIVIL ACTION -LAW IN CUSTODY PETITION FOR FINDING OF CONTEMPT AND MODIFICATION OF CUSTODY AND NOW comes the Plaintiff, Meggan J. Armstrong, by and through her attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully petitions this Court to find the Defendant, Stephen Armstrong, in contempt of its Court Order dated November 3, 2006, and in support thereof, avers the following: 1. Plaintiff is Meggan J. Armstrong, hereinafter referred to as "Mother", an adult individual residing at 4114 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Stephen Armstrong, hereinafter referred to as "Father", an adult individual residing at 6331 Linglestown Road, Harrisburg, Dauphin County, Pennsylvania. 3. The subject minor child is Landrie Adore Armstrong, born May 12, 2002. 4. A Custody Order was entered by the Honorable M. L. Ebert, Jr. on November 3, 2006, after the parties reached an agreement at the time of a Custody Conciliation. A copy of the Court Order dated November 3, 2006, marked Exhibit "A" is attached hereto and incorporated herein. 5. Since the entry of the Court Order dated November 3, 2006, Father has repeatedly violated numerous provisions of the Custody Order. 6. Pursuant to paragraph six of the parties' Custody Order, the parent shall provide advance notice to the other parent of the address and telephone number where the child can be contacted if the parent intends to remove the child from his or her residence for an overnight period or longer. 7. In February, 2007, Father began exercising his custodial periods at his girlfriend's mother's house. Father failed to ever put Mother on notice that he was exercising his overnight custodial periods at his girlfriend's mother's residence as opposed to his residence. When Mother became aware that the subject child was not spending her overnights at Father's residence, she requested the address, telephone number, and the names of the individuals residing in the home where he was spending his custodial time with the child. Despite numerous verbal requests from Mother to Father and from Mother's counsel to Father's counsel, Father never provided the name, address, and telephone number of the residence wherein he was exercising overnight custody. Father told Mother that he did not need to provide the names of the people in the home or the home telephone number as she had his cell phone number and that was all she needed. Only when Father moved into a new residence in or around December, 2007, did Father provide Mother with his address and telephone number. 8. In January, 2007, Father took the subject child on an overnight trip to Pittsburgh and failed to inform Mother or provide her with the address and telephone number where the child could be contacted. 9. In 2007, Father took the subject child on an overnight camping trip with his girlfriend and failed to inform Mother or provide her with the address and telephone number where the child could be contacted. 10. Father is in contempt of this Court's Order dated November 3, 2006, by failing to provide advance notice to Mother of the address and telephone number where the subject child could be contacted as set forth in paragraphs seven, eight, and nine of this Petition. 11. Pursuant to paragraph three of the Custody Order, Father's custodial time is to begin on alternating Fridays after work between 4:30 and 5:30 p.m. and on Wednesdays after work between 4:30 and 5:30 p.m. 12. On approximately twelve occasions since the entry of the Court Order dated November 3, 2006, the subject child was picked up prior to 4:30 at her daycare with no notice given to Mother. On the majority of these occasions when the child was picked up early, she was picked up by Father's paramour because Father was not off work. 13. Father is in contempt of the Custody Order dated November 3, 2006, by repeatedly picking up the child prior to his custodial time or having a third party pick up the child before his custodial time without notice to or agreement of Mother. 14. Pursuant to paragraph one of the parties' Custody Order, the parties share legal custody of the subject minor child. 15. Father has repeatedly violated the shared legal custody provision of the parties' Custody Order by unilaterally scheduling and attending medical and mental health care appointments with the subject child without providing any notice to Mother. 16. Specifically, Father violated the legal custody provision including but not limited to the following instances: In March, 2007, Father unilaterally chose a counselor for the child and made an appointment for her attendance. When Mother discovered the appointment, her counsel cancelled it due to the fact there had been no discussion between the parties as to the choice of a counselor. Despite notification to Father's attorney at the time that a counselor would need to be jointly chosen, Father again scheduled the child with the same counselor without any input from Mother. In October, 2007, Father unilaterally chose a dentist for the subject child, scheduled an appointment, and picked the child up from daycare without giving Mother any prior notice. Father took the subject child to her pediatrician in January, 2008, for a non- emergency visit and did not inform Mother until after the appointment had taken place. Father called Mother following the appointment and told her, "You are a f***ing bitch" and "Listen up, she has pneumonia". Despite the subject child having pneumonia, Father took the child to the Farm Show the following day. 17. Father is in contempt of the Custody Order dated November 3, 2006, by repeatedly violating the shared legal custody provision as set forth in paragraph 16 of this Petition. 18. Pursuant to paragraph three of the parties' Custody Order, Father is to notify Mother by the preceding Saturday during his custodial weekend if he is not taking the child to church and Mother is entitled to obtain custody of the child on Sunday at 10:30 a.m. for church, and to return her to Father immediately following the service. 19. Mother believes and therefore avers that aside from approximately one or two times, Father has not taken the child to church during his custodial weekend since the entry of the Court Order, and has never contacted Mother to inform her that she may take the child to church since he would not be taking the child to church. 20. Father is in contempt of the Court Order dated November 3, 2006, by failing to contact Mother and giving her the opportunity to take the child to church on his custodial Sundays when he was not going to take the child. 21. Pursuant to paragraph three of the parties' Court Order dated November 3, 2006, Father is to return the subject child to Mother's custody at the end of his custodial weekends on Sunday at 7:30 p.m. 22. Father has violated the spirit of the Court Order dated November 3, 2006, by repeatedly threatening to not return the child on Sunday to Mother if she would not meet him at whatever location he decided would be an appropriate exchange point. After approximately six months of Father returning the child to Mother at Mother's residence on Sundays following his custodial weekend, Father began threatening Mother that he would keep the child until Monday morning and return her to the preschool if she would not meet him at various locations. Mother would go to those locations as she did not want Father to retain the child beyond his custodial period. 23. Father has violated the spirit of the Court Order dated November 3, 2006 by treating Mother with the utmost disrespect and vulgarity during his communications with Mother. Father frequently calls Mother names and swears at her in his verbal interactions with Mother. When counsel for both parties discussed that e-mail should be used exclusively so that there would be a record of their conversations, Father shut down his current e-mail account and obtained a new e-mail address of "Iamabadmother@yahoo.com", thereby forcing Mother to type in the words "I am a bad mother" every time she a-mails Father. 24. Father's flagrant disregard for the terms of this Court's Order dated November 3, 2006, constitutes a finding of contempt. 25. Mother has incurred and shall continue to incur legal fees and costs relative to the filing of this Petition for Finding of Contempt and Modification of Custody. WHEREFORE, Plaintiff, Meggan J. Armstrong, respectfully requests this Honorable Court: a. Find the Defendant, Stephen Armstrong in contempt of this Court's Order dated November 3, 2006; b. Order the Defendant to pay reasonable attorney's fees incurred related to the filing of this Petition for Finding of Contempt and Modification of Custody; c. Order the Defendant to immediately begin complying with all of the terms of the Custody Order dated November 3, 2006; d. Order the Defendant to engage in anger management counseling and co-parenting counseling in order to more effectively deal with the Plaintiff as it relates to custody; e. Modify the current Custody Order to change Father's Wednesday overnight to alternating Wednesdays from 4:30 p.m. to 7:30 p.m.; f. Any other relief this Court deems reasonable and just. Date: Respectfully submitted, - 10 THE LAW OFCES OF SILLIKER & IIEINHOLI Kristi R. Reinhold, Esc 5922 inglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Meggan J. Armstrong MEGGAN J. ARMSTRONG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-5506 STEPHEN ARMSTRONG, CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of a Petition for Finding of Contempt and Modification of Custody was mailed to Diane Dils, Esquire, attorney for Defendant, Stephen Armstrong, on April 9, 2008, by first-class mail, addressed as follows: Diane Dils, Esquire 1400 North Second Street, first floor front Harrisburg, PA 17102 I hereby certify that the aforegoing is 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: k8 '(? Renee Dreisbach NOV 0 2 2006r? MEGGAN J. ARMSTRONG Plaintiff vs. STEPHEN ARMSTRONG Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5506 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this a day of 2006, upon ?_ consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Stephen Armstrong, and the Mother, Meggan J. Armstrong, shall have shared legal custody of Landrie Adore Armstrong, born May 12, 2002. 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 her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends, beginning November 10, 2006, from Friday after work between 4:30 and 5:30 p.m. through Sunday at 7:30 p.m. In addition, the Father shall have custody every week from Wednesday after work between 4:30 and 5:30 p.m. through Thursday morning when the Father shall return the Child to preschool. The Father may have additional periods of custody with the Child as arranged by agreement between the parties. The Father's first two weekday overnight periods shall take place on Thursday, November 1 and 8 due to prior plans and thereafter shall be on Wednesdays with the understanding that the parties shall cooperate in moving the overnight to another weekday to accommodate special activities or events. In the event that the Father is not taking the Child to church during his weekend period of custody, the Father shall notify the Mother by the preceding Saturday and the Mother shall be entitled to obtain custody of the Child on Sunday at 10:30 a.m. for church and shall return the Child to the Father's residence immediately following the church service. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In every year, the Father shall have custody of the Child from Christmas Eve at 4:00 p.m. through Christmas Day at 11:00 a.m. and the Mother shall have custody from Christmas Day at 11:00 a.m. through December 26th at 4:00 p.m. The parties shall share having custody over the remainder of the Child's holiday break from preschool/school as agreed. EXHIBIT B. Thanksgiving: In every year, the Father shall have custody of the Child from between 4:30 and 5:30 p.m. on the Wednesday before Thanksgiving through the weekend following Thanksgiving and the Mother shall have custody over the entire weekend preceding Thanksgiving. C. Alternating Holidays: In even numbered years, the Mother shall have custody of the Child on Easter Sunday and Independence Day and the Father shall have custody on Memorial Day and Labor Day. In odd numbered years, the Father shall have custody on Easter Sunday and Independence Day and the Mother shall have custody on Memorial Day and Labor Day. The holiday periods o f c ustody shall run from 10:00 a.m. until 7:30 p.m. on the holiday, with the exception o f Independence Day which shall run until after the fireworks. D. Mother's Day/Father's Day: The Mother shall have custody on Mother's Day and the Father shall have custody on Father's Day from 10:00 a.m. until 7:30 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each parent shall be entitled to have custody of the Child for two weeks for vacation each year upon providing at least 30 days advance notice to the other parent. The party providing notice first under this provision shall be given priority on the selection of vacation dates. 6. In the event either p arent intends to remove the Child from his or h er residence for an overnight period or longer, that parent shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. 7. This O rder i s e ntered p ursuant t o a n a greement o f t he p arties a t a c ustody c onciliation 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: js)-M.?-nrlom-? J-1-- cc: Stephen Armstrong- Father Kristin R. Reinhold, Esquire - Counsel for Mother TRUE COPY ' RMA RECORD Is Testimo^y ,„t my nand e seal of Pa. J rothorata . AFFIDAVIT I, Meggan J. Armstrong, hereby certify that the aforegoing is 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. 4909 relating to unsworn falsifications to authorities. Dated: ?11? Meg J trong ?_- -y g y} A I r "R lJ s APR IS 2008 MEGGAN J. ARMSTRONG IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-5506 CIVIL ACTION LAW STEPHEN ARMSTRONG Defendant IN CUSTODY ORDER OF COURT AND NOW, this vS day of 11`A 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Arnold Shienvold, Ph.D. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Child and to address the issues raised by the Father in his Petition for Modification and by the Mother in her Petition for Contempt and Modification. The Father shall be responsible to pay all costs of the evaluation. 2. All exchanges of custody which do not take place at the Child's school/daycare shall occur at the McDonalds on Front Street in Harrisburg, unless otherwise agreed between the parties. 3. The parties shall cooperate with each other in encouraging the non-custodial parent to maintain telephone contact with the Child. Unless otherwise agreed, the non-custodial parent shall contact the Child between 6:30 p.m. and 7:00 p.m. prior to the beginning of the bedtime routine. 4. Within sixty (60) days of completion of the custody evaluation and receipt of the evaluator's written recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. BY THE COURT, M. L. Ebert, Jr. J. cc: Kristen R. Reinhold, Esquire - Counsel for Mother `Diane M. Dils, Esquire - Counsel for Father ce>F i FS M.-a t LEL F ` Z :6' l Z M OOOI .3l;qi :10 MEGGAN J. ARMSTRONG Plaintiff vs. STEPHEN ARMSTRONG Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-5506 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Landrie A. Armstrong May 12, 2002 Mother 2. A custody conciliation conference was held on April 16, 2008, with the following individuals in attendance: the Mother, Meggan J. Armstrong, with her counsel, Kristen R. Reinhold, Esquire, and the Father, Stephen Armstrong, with his counsel, Diane M. Dils, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ry Date Dawn S. Sunday, Esquire Custody Conciliator 10, MEGGAN J. ARM STONG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-5506 CIVIL ACTION LAW STEPHEN ARMSTRONG DFFI?NDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, August 27, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Friday, September 24, 2010 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issuc°s 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 hearinLl. FOR THE COURT. By: i/s/ Dawn S. Sund_ V Es0 - 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 schedul ed conference or hearin(,. 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 OFF ICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association ('> /? ? ? t :. t 4 2 r? rt $ 3? . 32 South Bedford Street ( 0 Carlisle, Pennsylvania 17013 `? ;1 s a "? , s Lc?? Tl Telephone (717) 249-3166 t O'?1 C.SZ `(Y?[,??1 X20 'aro l o ?r ?• 3 0 ?, C, 2 ? W r? f5. 3a. CO co? m a, l Qd -? ? S"n8l MEGGAN J. ARMSTRONG, Respondent v. STEPHEN ARMSTRONG, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION No. 06-5506 IN RE: CUSTODY ORDER OF COURT ~ c ~ ~_ ~~ -~ ~ N r.~ ;~ ~~ c. ~. ~~ c~ ~ ~ `;~~ mac- co AND NOW, upon consideration of Father, Stephen Armstrong's, Ex Parte Petition for Emergency Relief, and the Court noting that Father agreed to allow Mother to have primary physical custody of the child pursuant to Order dated November 3, 2006, and further that even if the Emergency Order was granted the child would still be required to attend a new school this year, IT IS HEREBY ORDERED AND DIRECTED that the Emergency Petition for Relief is DENIED. The matter shall proceed to conciliation before Custody Conciliator Dawn Sunday on September 24, 2010 at 9:00 a.m. Nothing in this Order shall be construed to imply that the child should remain in Mother's custody even if he has begun the third grade in Mother's current school district. By the Court, ~'t M. L. Ebert, Jr., J. Diane M. Dils, Esquire 1400 N. Second Street Harrisburg, PA 17102 Attorney for Petitioner ~eggan J. Raymond 108 W. South Street P.O. Box 33 Franklintown, PA 17323 ~o~~~~ ~~.~~ I 4~a~/rv ~~ a oc~ n 4 zoo MEGGAN J. ARMSTRONG IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs r ; 06-5506 CIVIL ACTION LAW ~i . ~ ..., I`4 n ~ ~ `~ ~-' STEPHEN ARMSTRONG ~~~' _ ` Defendant IN CUSTODY ' ° ' ~-' ' ~-r `~' ~ f.. _~_a, . ~ ~,_ . ORDER OF COURT ° ~~ AND NOW, this Jr'~h day of ~ ~~ 0~ tr 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated November 3, 2006 and April 21, 2008 are vacated and replaced with this Order. 2. The Mother, Meggan J. Raymond, formerly Armstrong, and the Father, Stephen Armstrong, shall have shared legal custody of Landrie Adore Armstrong, born May 12, 2002. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Father shall have primary physical custody of the Child beginning October 1, 2010. 4. The Mother shall have partial physical custody of the Child beginning October 8, 2010 on alternating weekends from Friday, when the Mother shall pick up the Child after school, through Tuesday morning, when the Mother shall take the Child to school. The parties shall cooperate in scheduling additional midweek periods of custody for the Mother as appropriate. 5. The parties shall share having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 4:00 p.m. through Christmas Day at 2:00 p.m., and Segment B which shall run from Christmas Day at 2:00 p.m. through December 26 at 4:00 p.m. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. Thanks ig ving: In every year, the Father shall have custody of the Child from between 4:30 and 5:30 p.m. on Wednesday before Thanksgiving through the weekend following Thanksgiving and the Mother shall have custody over the entire weekend preceding Thanksgiving. C. Alternatin Hg_olidays: In even numbered years, the Mother shall have custody of the Child on Easter Sunday and Independence Day and the Father shall have custody on Memorial Day and Labor Day. In odd numbered years, the Father shall have custody on Easter Sunday and Independence Day and the Mother shall have custody on Memorial Day and Labor Day. The holiday periods of custody shall run from 10:00 a.m. until 7:30 p.m. on the holiday, with the exception of Independence Day which shall run until after the fireworks. D. Mother's Day/Father's Day: The Mother shall have custody on Mother's Day and the Father shall have custody on Father's Day from 10:00 a.m. unti17:30 p.m. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. During the summer school break each year, the Mother shall have custody of the Child for the first three weeks beginning on the last day of school, the Father shall have custody for the following three weeks, the Mother shall have custody for the next three weeks and the Father shall have custody of the Child for the remainder of the summer break. 7. The parties agree that the Child shall attend school at Linglestown Elementary in the Central Dauphin School District as the Father assumes primary physical custody. 8. The parties shall share all information pertaining to the Child, including but not limited to school and activity information, on a timely basis to enable both parties to remain involved in the Child's development. Neither party shall enroll the Child in activities without advance consultation and agreement with the other parent. 9. Unless the exchange of custody takes place at the Child's school, the parent receiving custody of the Child shall be responsible to provide transportation from the other parent's residence unless agreed otherwise between the parties. 10. Neither parent shall remove the Child from school during his or her period of custody, without the advance consent of the school and the other parent. 11. The Mother may contact the Child one time each day before bedtime by telephone. 12. The parties shall participate in a minimum of four counseling sessions with a professional selected by agreement. The purpose of the counseling shall be to assist the parties in establishing an effective co-parenting relationship with the necessary communication skills. The parties shall follow the recommendations of the Counselor as to the timing of inclusion of third parties in the counseling sessions. Each party shall be responsible to pay for his or her individual sessions and the costs of all joint sessions shall be shared equally between the parties. The parties shall select the counselor and contact the counselor's office within two weeks of the date of the custody conciliation conference to schedule the initial sessions. 13. In the event either parent intends to remove the Child from his or her residence for an overnight period or longer, that parent shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. 14. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, ~~ M. L. Ebert, Jr. J. cc: ~ gan J. Raymond -Mother e M. Dils, Esquire -Counsel for Father OCi' 0 4 2010 MEGGAN J. ARMSTRONG Plaintiff vs. STEPHEN ARMSTRONG Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5506 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Landrie Adore Armstrong May 12, 2002 CURRENTLY IN CUSTODY OF Mother 2. A custody conciliation conference was held on September 24, 2010, with the following individuals in attendance: the Father, Stephen Armstrong, with his counsel, Diane M. Dils, Esquire, and the Mother, Meggan J. Raymond, formerly Armstrong, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached resolving both the Father's Petition for Modification and the Father's Petition for Emergency Relief. o~ 9 aa~o Date ~- Dawn S. Sunday, Esquire Custody Conciliator MEGGAN J. RAYMOND, formerly IN THE COURT OF COMMON PLEAS known as MEGGAN J. ARMSTRONG, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff /Petitioner ? rrico x rn c, ?- - r v. NO.06-5506 Civil r cr C--) :x IN CUSTODY C-) y7 `? STEPHEN ARMSTRONG, r1J Defendant/Respondent PRIOR JUDGE - EBERT PLAINTIFF'S PETITION/COMPLAINT TO MODIFY CUSTODY ORDER ?ohn err a?. P(: 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 PHONE: 717.766.4008 F.: 717.766.4066 1. Plaintiff/Petitioner is Meggan J. Raymond (hereinafter, "Mother"), formerly known as Meggan J. Armstrong, an adult individual residing at 1059 York Road, Dillsburg, Cumberland County, Pennsylvania 17019. 2. Defendant/Respondent is Stephen Armstrong (hereinafter, "Father"), an adult individu who resides at 5997 Three Rivers Drive, Harrisburg, Dauphin County, Pennsylvania 17112. 3. The parties are the natural parents of the following minor child: Landrie Adore Armstrong, born May 12, 2002. 4. The child was not born out of wedlock. 5. The child is presently in the custody of Father, pursuant to an Order of Court, entered i September, 2010, following a custody conciliation held on September 24, 2010 (see, copy of Order of Court appended to this Petition). This Order of Court vacated all prior Orders entered in 2006 and 2008. The Father currently resides at 5997 Three Rivers Drive, Harrisburg, Pennsylvania 17112, while the Mother resides at 1059 York Road, Dillsburg, Pennsylvania 17019. 6. In the last five years, the child has resided with the following persons and at the following addresses: ,:t83.0+ ,0 C# x303 per) 78gag -T- r7') R?J4 Names Stephen Armstrong Danette Armstrong Brooks Armstrong Quinn Armstrong Stephen Armstrong Danette Armstrong Brooks Armstrong Quinn Armstrong Meggan Raymond Landrie Armstrong Jonah Raymond Savannah Raymond Meggan Raymond Landrie Armstrong Jonah Raymond Savannah Raymond Meggan Armstrong Landrie Armstrong Wayne Hasnson Jennie Hanson Residences 5997 Three Rivers Drive Harrisburg, PA 17112 6331 Linglestown Road Harrisburg, PA 17112 108 W. South Street P.O. Box 33 Franklintown, PA 17323 510 Grant Street Camp Hill, PA 17011 4114 Nantucket Drive Mechanicsburg, PA 17055 Dates 06/12/12- present 10/01/10 - 06/12/12 07/10 -10/01/10 12/08-07/10 11/06-12/08 7. The Mother of the child is Meggan J. Raymond , who is residing at 1059 York Road, ?ohnerr?aw. PC 5020 Ritter Road Suite 104 McChaniCSbur$, PA 17055 P1tor1E: 717.766.4008 FAx: 717.766.4066 Dillsburg, Pennsylvania 17019. She is married. 8. The Father of the child is Stephen Armstrong, who is residing at 5997 Three Rivers Harrisburg, Pennsylvania 17112. He is married. 9. The relationship of the Mother to the child is that of mother. The child currently lives with Father. 10. The relationship of the Father to the child is that of Father. The child currently lives with Father. 11. Plaintiff/Petitioner currently lives with the following persons: Name Relationship Savannah Raymond Daughter Michael Horne Brother-in-Law Becky Horne Sister Talan Horne Niece Keaton Horne Nephew 12. Defendant/Respondent currently lives with the following persons: Name Relationship Landrie Armstrong Daughter Danette Armstrong Spouse Brooks Armstrong Son Quinn Armstrong Son 5020 Ritter Road Suite 104 McChardCSburg, PA 17055 PHONE: 717.766.4008 F.: 717.766.4066 13. 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. 14. Plaintiff /Petitioner has not participated as a party or witness, or in another capacity, it other litigation concerning the custody of the child pending in a court of this Commonwealth o any other state. 15. Plaintiff/Petitioner 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. 16. Plaintiff /Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 11. Plaintiff/Petitioner seeks to modify the attached Order, as follows: in 2010, Petitioner/ Plaintiff agreed to transfer primary physical custody of the Child to Defendant/Respondent Father. This was based upon the fact that he was not working at the time and her belief that hel should be given a chance to raise her. She now requests that primary physical custody be transferred to her, predicated upon the following: a) Father has violated the existing custody Order by refusing to cooperate with M in scheduling additional midweek periods of custody (see 94 of existing Order); b) Father has violated the shared legal custody provision of the Order by failing to notify Mother of a suicide threat by the Child until 3:30 p.m. of the next day (see, of existing Order); c) Father and his wife have created an onerous environment for the Child at their home, in that i) the Child is required to make her own breakfast and lunch; ii) the Child is required to do her own laundry; iii) the Child is required to watch her th and two year old step-siblings while father and his wife shower together; iv) the Child is required to help get dinner ready and to help with the dishes; v) the Child required to to go directly to her room after school and to present her homework her step-mother or father and to begin her homework immediately; vi) if her cl are deemed to be not folded properly, she must start over; vii) father and step- mother have threatened to evict the Child from their home; and viii) she is requi to walk by herself to and from the school bus stop. d) At a recent meeting at the Child's counselor, Father screamed at Mother in front both daughter and her counselor. ?ohn ierrY,_. PC 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 Pmr. E: 717.766.4008 FAX: 717.766.4066 WHEREFORE, Mother requests that primary physical custody be returned to her as it i is in the best interests of the Child. Respectfully submitted, 4 (M x AV- W Jo n M. Kerr, Esquire I. D. # 26414 At col John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 Dated: July 25, 2012 ?ohn ?rrr a??. PC 5020 Ritter Road Suite 104 MechaniCSburg, PA 17055 PHoNF: 717.766.4008 FAx: 717.766.4066 VERIFICATION The undersigned, Meggan J. Raymond, hereby states that she is the Petitioner in the foregoin, custody action and, as such, is authorized to execute this Verification, and that any factual statement, contained in the Petition To Modify Custody Order are true and correct to the best her information, knowledge and belief. She understands that false statements are subject to the penalties prescribed 18 Pa. C.S. §4904, relating to falsification to authorities. M n J. Raymond CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Plaintiff! Petition/Complaint To Modify Custody Order," on the below-named individuals in the manner indicated: First Class Mail Postage Prepaid Certified Mail. Restricted Delivery Diane M. Dils, Esquire Law Offices of Dils & Dils 1400 North Second Street First Floor Front Harrisburg, PA 17102 Counsel of record for Defendant/Respondent Stephen Armstrong 5997 Three Rivers Drive Harrisburg, PA 17112 I?V, )0. &, Joh . Kerr, Esquire 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 ?ohn ? rr aw. P(_ 5020 Ritter Road Suite 104 Mechar C ur$, PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 Dated: July 25, 2012 MEGGAN J. RAYMOND IN THE COURT OF COMMON PLEAS OF .ate m PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-5506 CIVIL ACTION LAW STEPHEN ARMSTRONG IN CUSTODY - DEFENDANT ORDER OF COURT AND NOW, Wednesday, August 01, 2012 , upon consideration of the attached Comf it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the -" V at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, August 29, 2012 at 11:0 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disp te; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tem orary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,) Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the A= 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 arrangem must be made at least 72 hours prior to any hearing or business before the court. You must attend the schf 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 ? -2) l7? Gs, - ?J-ohA 614. ondc y? ? Dgw o 5- 5' Fir - 41 ?0 MEGGAN J. RAYMOND IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-5506 CIVIL ACTION LAW STEPHEN ARMSTRONG Defendant IN CUSTODY ORDER AND NOW, this 16th day of August, 2012, the conciliator, having been advby;Iairxff's counsel that the Plaintiff/Mother does not wish to proceed with her Petition to ModiereWy' relinquishes jurisdiction. The custody conciliation conference scheduled for Augus;* 2(1 2 is 75 canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator