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HomeMy WebLinkAbout02-4002 CHRISTOPHER R. STONG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YS. NO.O:l.~L/OO~CIVIL TERM HEATHER ELIZABETH SPECK, Defendant CUSTODY COMPLAINT FOR CUSTODY AND NOW, Plaintiff, Christopher R. Stong, by and through his attorney, G. Patrick O'Connor, Esquire, files a Complaint and petitions for Custody, of which the following is a statement: 1. Plaintiff is Christopher R. Stong, father, who currently resides at 38 E. Columbia Rd., Enola, Cumberland County, PA 17025. 2. Defendant is Heather Elizabeth Speck, mother, who currently resides at 319 Third St., Apt. 2, West Fairview, Cumberland, PA 17025. 3. Defendant seeks primary physical custody of the following child/children: Name Nicholas A. Stong Present Address 38 E. Columbia Rd. Enola, PA Age 6 months 4. The child was born out of wedlock. 5. The child has been in the primary physical custody of the father since July 18, 2002. 6. During the past fiye years, the child has resided with the following persons at the following addresses: Nanne Defendant, and yarious persons unknown to Plaintiff Address Various locations, including 319 Third St, West Fairview, PA., and 42 E. Columbia Rd., Enola, PA, and other addresses unknown to Plaintiff Date 2/17/02 to 7/18/02 Plaintiff, Plaintiff's fiance (Christine R. Fickes)and fiance's son (Skylor M. Fickes) 38 E. Columbia Rd., Enola, PA 7/18/02 to present The mother of the child is Heather Elizabeth Speck, currently residing at 319 Third St., Apt. 2, West Fairyiew, PA. She is not married. The father ofthe child is Christopher R. Stong, currently residing at 38 E. Columbia Rd., Enola, PA. He is not married. 7. The relationship of Plaintiff to the child is that offather. The Plaintiff currently resides with the following persons: Name Christine R. Fickes Skylor M. Fickes Relationship fiance fiance's son 8. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name (unknown to Plaintiff) Relationship 9. The parties haye not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no infonnation of a custody proceeding concerning the child pending in a court of this Cornrnonwealth. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to haye custody or yisitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief sought because: (a) Father offers a stable enyironment and routine, while mother continuously moyes from location to location, liying with a yariety of people. (b) Father has steady job and has been employed by same employer for 4 years, while Mother is belieyed to be unemployed and dependent on public assistance. (c) Mother, while haying custody, neglected the child's hygiene needs and kept the child in an unsanitary living enyironment. (d) Mother, while haying custody, failed to provide proper supervision of the child, staying out of her residence until all hours ofthe night and placing the child under the supervision of persons with questionable ability to care for the child properly. (e) The child, while in mother's custody, suffered medical problems that indicated lack of proper physical care. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order granting prirnary physical custody of the minor child, Nicholas A. Stong, to the father. Dated: ri /)-() /0 y- o . Respectfully submitted: :1 /1 By: !; G. atrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone: 717-737-7760 Attorney I.D. #64720 ATTORNEY FOR PLAINTIFF ATTORNEY VERIFICATION I, G. Patrick O'Connor, Esquire, hereby certify that I am the attorney for the Plaintiff and that the information contained in the herein Cornplaint is based on information giye to me by the Plaintiff and is true and accurate to the best of rny knowledge, infonnation and belief. ~Cfh~~ . Patrick O'Connor, Esquire DATE: g/2-0/oV / , CERTIFICATE OF SERVICE I hereby certify that I haye, this day, seryed the herein Custody Complaint to the party indicated below by depositing same in the United States mail, postage prepaid, and in accordance with the Pennsylyania Rules of Ciyil Procedure, at Camp Hill, Pennsylvania: Heather Elizabeth Speck 319 Third Street, Apartment 2 West Fairview, PA 17025 DATE: ~/:u/(n/ , . W1t..~ G. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Plaintiff (-) ~ ~ 'Q 0: 0 0 h ~ ......' ~ B bo --., .... ~ "1) 0:,1 - T ,-,.,- ~ ffirp ".., hi?! .> , -...,' '" .1Jr'l ~ 6' t;532 rv ,~':) c.-_1 .:E rf C) L ~ ;::s;,""l :E :i~~~ ~'._- ~, ~,.''\ ~ ~2R 2:>_. i:;'2::' fSi a(1) t ~ ::J ~ :::;! :n ""', -< --<. CHRISTOPHER R. STONG PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-4002 CIVIL ACTION LAW HEATHER ELIZABETH SPECK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, Angnst 28, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemayne, P A 17043 on Tnesday, September 24, 2002 , the conciliator, at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age fiye or older may also be present at the conference. Failure to appear at the conference may proyide grounds for entry of a temporary or pennanent 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. Greev.y. Esq. Custody Conciliator \y '" The Court of Common Pleas of Cumbcrland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled indiyiduals 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 ~ fzP ~ ~ Mz (1;;1~~;8 .;Ip !2- ~ ~k;' ~(J3P~ ---';?r/ fr f ~.46t7 -/'P eN"" V'N' )J,J'fn-,-/t\lASNN3d 'l:, U'.) C;\,\-{1' -.- " ,,<["""n ..... -,,'.lr~ a t, I : III~V -"' tiZ :Jnv ?'J ", AoVlOt,:r':'I" .,~I!__r'_-T,:,.-'; :"_1; :JoJd::io.c{ni.~'J. :10 .;Jt OCT 1 5 2002~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4002 CIVIL TERM CIVIL ACTION - LAW CHRISTOPHER R. STONG, v. HEATHER ELIZABETH SPECK, IN CUSTODY Defendant HESS, J. -- ORDER OF COURT AND NOW, this /7-cA day of October, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The Father, Christopher R. Stong, and the Mother, Heather Elizabeth Speck, shall have shared legal custody of the minor child, Nicholas A. Stong, born February 17, 2002. 2. Physical Custody. The parties shall share physical custody in accordance with the following schedule: A. Father shall have physical custody each Monday and Wednesday from 3:30 p.m. until 8:30 p.m. Additionally, Father shall have custody of the child each three out of four weekends from the time he gets off work on Friday until Sunday evening at 8:30 p.m. Father first custodial weekend shall begin on Friday, October 11, 2002. B. Mother shall have physical custody of the child on the weekend that begins with the first Friday of the month and at all other times that Father does not have custody. 3. Holidays. The parties shall share custody of the child during the holidays in accordance with the following schedule: A. Thanksgiving. Thanksgiving shall be divided into two segments, Segment A and Segment B. Segment A shall be from 9:00 a.m. Thanksgiving day until 3:00 p.m. Thanksgiving Day. Segment B shall be from 3:00 p.m. Thanksgiving Day until 9:00 p.m. Thanksgiving Day. In 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. " \.r\N'":Jf\~\/\c:.~NN3d \ "'nrf ., '~'-"Inf"\ !df~;\ t,,>,.' ,,:,~.,~~ji\;.\v t.Z :2 ,d L \ nO 20 ~:) " NO. 02-4002 CIVIL TERM B. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at 8:00 p.m. In 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. 4. The parties shall participate in the seminar for separating families within sixty (60) days from the date of this Order and shall file a certificate proving their attendance and compliance with the terms of this Order. 5. A hearing is scheduled in Courtroom Number 1 of the Cumberland County Courthouse, on the 91:11 day of ~/YU.LLl~' 2003-, at q ~ 30 o'clock -h..M., at which time testimony will be aken. For t e purposes of the hearing, the Father, Christopher R. Stong, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 6. The parties are to participate in a home study and reports thereof shall be submitted to the Court fifteen days prior to the time of the hearing. BY THE COURT: . / ~ . /l II- J. Dist: G. Patrick O'Connor, Esquire, 3105 Old Gettysburg Road, Camp Hill, PA 17011 Joan Carey, Esquire, MidPenn Legal Services, 8 Irvine Row, Carlisle, PA 17013 ~ ~ 10-/1,0)... ~- OCT 1 5 2002 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO. 02-4002 CIVIL TERM CIVIL ACTION - LAW CHRISTOPHER R. STONG, v. HEATHER ELIZABETH SPECK, 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 Nicholas A. Stong February 17, 2002 Mother 2. The parties were seen for a Custody Conciliation Conference on September 27,2002. The following parties were in attendance: Father, Christopher R. Stong, and his counsel, Patrick O'Connor, Esquire; the Mother, Heather Elizabeth Speck, and her counsel, Joan Carey, Esquire. Father filed for custody on August 22, 2002 after a September, 2002 incident between the parties following which incident Mother refused to allow the child to be returned to Father. 3. Father's Position on Custody. Father is twenty-four years old. He alleges that the child has lived with him since July 18, 2002. He is concerned that Mother moves frequently and has an unclean living environment. He claims she has neglected the child's hygiene needs and left the infant with persons with whom he would consider to have questionable ability to care for the child. He also alleges that the child has had lice while he has been in the care of Mother. There was an incident on September 6, 2002 about which each parent gives different versions. Following Father's filing of the Custody Complaint, he reports that he was visited by the maternal grandmother of the child who wanted to see the baby before she went to the hospital for a serious surgical procedure. Initially, he reports that he willingly agreed to this visit. However, he claims that as soon as Mother had possession of the child, she ran from his home to her car. He became concerned that she was attempting to snatch the baby and therefore attempted to stop this. During this altercation with various members of Mother's family who were present, Father claims that he was hit by a stun gun. This incident is being investigated by the East Pennsboro Police Department. However, the ultimate result was that the Mother refused to return the child to NO. 02-4002 CIVIL TERM Father's custody. Father points out that he has full-time gainful employment and works anywhere from 35 hours to 55 hours per week. He works from 7:30 a.m. to 3:00 p.m. for Jane Campbell's Services and each Tuesday and Thursday from 5:30 p.m. to 8:00 p.m., as well as alternating Saturday mornings. Father claims to have always been interested in being involved with his son, but that because of Mother's frequent moves he has not always known where she has been. He also points out that although she had filed for child support, she failed to appear at two separate child support conferences. Father reports that he has received threatening telephone calls after he filed for custody telling him that if he did not return the baby, that he was going to be a dead man. Father reports that the caller had male voice. Father also made allegations that Mother has a history of drug problems. Father reports that the Mother refers to the child by a surname other than what appears on his birth certificate and that as a result he has had difficulty getting the child medical care. Because of Mother's present circumstances Father proposes that he have primary physical custody with Mother having alternate weekends of supervised custody gradually expanding to periods of partial custody and additional time in the summer combined with alternating holidays. 4. Mother's Position on Custody. Mother is twenty years old. She reports that she is presently unemployed, is receiving public assistance and that she plans to get her GED. She is expecting her next baby on March 1, 2002. She is living in West Fairview with her mother who has recently had serious cardiac surgery and who is a diabetic. Mother claims that she has been the primary caregiver until the child was taken from her boyfriend while they were in the grocery store on July 18, 2002. She reports that Father was not around for the birth of the child and did not have any contact with the child until after she filed for child support. She also alleges that she was denied contact with the child from July 18, 2002 until the child was taken from Father's custody on September 6, 2002. Mother also alleges that Father has a history of using drugs and alcohol. Mother reports that the last several months have been extremely stressful for her because of her mother's illness. She got into conflict with her employer and left her position as a nanny in April or May of 2002. Throughout July and August she lived with friends. She does not get along with her father and alleges that he has been violent with her. She further states that she does not speak to any of her family members other than her mother. Mother is in a relationship with the boyfriend that she claims was taking care of the child when he was taken from the grocery store on July 18, 2002. Mother alleges that on the day of the incident where the child was taken by her that she did not go to Father's home intending to keep the child. Rather, she claims that because Father became upset when he saw that she was in the car, to which her mother had taken the child to during the visit, and because of Father's aggressive actions, that an altercation occurred and they subsequently left with the baby because they feared that Father would hurt the baby. Mother also seeks primary physical custody of the child. NO. 02-4002 CIVIL TERM 5. The Conciliator is greatly concerned that these parents have conducted themselves in a way that is detrimental to the child. The parties cannot seem to reach an agreement as to the custody of the child and make serious allegations about the fitness of the other parent. The Conciliator recommends an interim order which maximizes the hours that Father is not at work and therefore available to the child. The Conciliator also recommends a home study as Mother has demonstrated highly unstable living arrangements over the last several months and recites a history of instability in family and employment relationships. 10 l~D1.. Date :163611 CHRISTOPHER R. STONG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-4002 CIVIL CIVIL ACTION - LAW HEATHER ELIZABETH SPECK, Defendant IN CUSTODY ORDER AND NOW, this 1'1" day of February, 2003, hearing in the above captioned matter set for January 9, 2003, is continued to Wednesday, April 23, 2003, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, hora Blair, Esquire For the Plaintiff ~4d :rlm >~ R\{3 02-JY-CJ3 ,/ Joan Carey, Esquire F or the Defendant \: '0, \.'; tf""r'> \' II" \\ ,.J' \," \'l \p .", " . ".\ >,'I,i\i .' ",. "..,., ,),),.!" C'J'i~,1:;'0" '\',:\;':,~i\\!h\~\~ tJ'c.~\"I;) i I..A 1'\ CHRISTOPHER R. STONG, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. NO. 02 - 4002 CIVIL HEATHER E. SPECK, DEFENDANT CIVIL ACTION - CUSTODY PETITION TO MODIFY CUSTODY AND AWARD EMERGENCY REI,IEF I. Plaintiff Christopher R. Stong is an adult individual residing at 52 South Enola Driye, Enola, Curnberland County, Pennsylyania 17025. 2. Defendant Heather E. Speck is an adult indiyidual currently incarcerated at the York County Prison as set forth in a letter attached hereto as Exhibit" A" from the Deputy Warden of that facility dated 8/24/05 and receiyed by fax at 12:03 PM on that date. 3. The Defendant is charged with two counts offorgery, one count of theft, and one count ofreceiying stolen property arising out of an incident on May 21, 2005. Prior to her arrest on August 18,2005 she resided in Fairview Township, York County, Pennsylyania at 288 Marsh Run Road. 4. The parties are the natural parents of Nicholas A. Stong (DOB 2/17/02; Age 3) and are subject to an Order of Court attach<:d hereto as Exhibit "B" from October 17,2002. It should be noted that the Conciliator's Report attached hereto as Exhibit "c" states: "The Conciliator also recommends a home study as Mother has demonstrated highly unstable living arrangements over the last several months and recites a history of instability in family and employment relationships. " 5. The parties share legal custody of the minor (:hild with the Defendant haying prirnary physical custody. 6. The Defendant has been moying from place to place between York and Cumberland Counties with the child and has preyented the Plaintiff from exercising yisitation as set forth in the Order of Court. 7. The Plaintiffleamed of the Defendant's incar,ceration and the location ofthe child on or about August 22, 2005. 8. The child is belieyed to be liying with Sherry Ciccocioppa (maternal grandmother) at 53 Magaro Road, Enola, Pennsylyania 17025. 9. The Defendant is presently incarcerated on $5,000.00 bail and there is another detainer from the Cumberland County as well. 10. A search of the UJS Portal website reyeals that there were two (2) recent Curnberland County crirninal cases with guilty pleas entered to Forgery (M I ) arising out of an effort to obtain possession of a controlled substance and Theft of Leased Property (M3). Guilty pleas were entered April 26, 2005 with sentences imposed April 28th and July 5th. II. Recent events indicate that the Defendant may haye a substance abuse problem since at least one crirninal case inyolyed forgery and an effort to obtain a controlled substance. 12. In the past the Defendant has been represented by Mid Penn Legal Services. A copy of this Petition was faxed prior to its presentrnent with a request for a response. A call was receiyed from Joan Carey, Esquire at I: 16 PM on August 25, 2005 stating that: (1) she did not work for MidPenn Legal Services anymore; and (2) "they [MidPenn Legal Services] do not represent Heather Speck"]. WHEREFORE, the Plaintiffrespectfully requests this Honorable Court to enter a ternporary order transferring primary physical custody to him. Respectfully submitted, BY: / S en owel, quire 19 Bridge Street New Cumberland, P A 17070 (717) 770-1277 Suprerne Court ID 62063 Date: August 25, 2005 Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing documents was served by postage prepaid, first class United States Mail on all interested parties or counsel of record at the addresses set forth below. Heather E. Speck Inmate #90987 York County Prison 3400 Concord Road York, PA 17402 Sherry Ciccocioppa 53 Magaro Road Enola, P A 17025 BY: Date: August 25, 2005 VERIFICATION I yerify that the statements rnade in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. BY~ isphe .tg Date: 1- J.. ")..,05" 08/24/05 WED 12:03 FAX 717 840 7285 ROGER THOMAS ~oo THOMAS H. HOGAN WARDEN TELEPHONE 840-7580 "REA CODE 717 FAX 840-7204 3400 CONCORD ROAD YORK, PENNSYLVANIA 17402-9007 TO: Steven Howell, Esq. 619 Bridge St. New Cumberland, P A 17070 FROM: Roger S. Thomas Deputy Warden f4J>'k- DATE: 8/24/05 RE: Heather Elizabeth Speck #90987 This will confmn that the aboye inmate is presently incarcerated in York County Prison as of 8/18/05. She has been charged with Forgery (2 counts) and Theft by Unlawful Taking with a bail of $5000. There is also an out of county detainer placed against her. --~ <. ---<of ~ OCT 1 5 ~UUt , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4002 CIVIL TERM CIVIL ACTION - LAW CHRISTOPHER R. STONG, v. HEATHER ELIZABETH SPECK, IN CUSTODY Defendant HESS, J. -- ORDER OF COURT AND NOW, this rrcA day of October, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The Father, Christopher R. Stong, and the Mother, Heather Elizabeth Speck, shall have shared legal custody of the minor child, Nicholas A. Stong, born February 17, 2002. 2. Physical Custody. The parties shall share physical custody in accordance with the fOllowing schedule: A. Father shall have physical custody each Monday and Wednesday from 3:30 p.m. until 8:30 p.m. Additionally, Father shall have custody of the child each three out of four weekends from the time he gets off work on Friday until Sunday evening at 8:30 p.m. Father first custodial wee,kend shall begin on Friday, October 11,2002. B. Mother shall have physical custody of the child on the weekend that begins with the first Friday of the month and at all other times that Father does not have custody. 3. Holidays. The parties shall share custody of the child during the holidays in accordance with the following schedule: A. Thanksgiving. Thanksgiving shall be divided into two segments, Segment A and Segment B. Segment A shall be from 9:00 a.m. Thanksgiving day until 3:00 p.m. Thanksgiving Day. Segment B shall be from 3:00 p.m. Thanksgiving Day until 9:00 p.m. Thanksgiving Day. In 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. NO. 02-4002 CIVIL TERM ~' I i f/ B Christmas. Christmas shall be divided into two segments, . . th Segment A and Segment B. Segment A shall be from December 24 at noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at 8:00 p.m. In 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. 4. The parties shall participate in the seminar for separating families within sixty (60) days from the date of this Order and shall file a certifiicate proving their attendance and compliance with the terms of this Order. 5. A hearing is scheduled in Courtroom Numbeir L of the Cumberland County Courthouse, on the 91:11 day of ~A ~YUl /.1/'/..(.1-- , 2003-, at q; 36 o'clock -11.M., at which time testimony will be aken. For tf'le purposes of the hearing, the Father, Christopher R. Stong, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 6. The parties are to participate in a home study and reports thereof shall be submitted to the Court fifteen days prior to the time of the hearing. BY THE COURT: . / - . //;/1- J. Dis!: G. Patrick O'Connor, Esquire, 3105 Old Gettysburg Road. Camp Hill. PA 17011 ~ ~ /0-/1-6 ~ Joan Carey. Esquire, MidPenn Legal Services, Blrvine Row. Carlisb9. PA 17013 I 9-. OCT 1 5 2002 ~, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4002 CIVIL TERM CIVIL ACTION - LAW CHRISTOPHER R. STONG, v. HEATHER ELIZABETH SPECK, 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 Nicholas A. Stong February 17, 2002 Mother 2. The parties were seen for a Custody Conciliation Conference on September 27, 2002. The following parties were in attendance: Father, Christopher R. Stong, and his counsel, Patrick O'Connor, Esquire; the Mother, Heather Elizabeth Speck, and her counsel, Joan Carey, Esquire. Father filed for custody on August 22, ~~002 after a September, 2002 incident between the parties following which incident Mother relfused to allow the child to be returned to Father. 3. Father's Position on Custody. Father is twenty-four years old. He alleges that the child has lived with him since July 18, 2002. He is concerned that Mother moves frequently and has an unclean living environment. He claims :she has neglected the child's hygiene needs and left the infant with persons with whom he would consider to have questionable ability to care for the child. He also alleges that the child has had lice while he has been in the care of Mother. There was an incident on September 6, 2002 about which each parent gives different versions. Following Father's filing of the Custody Complaint, he reports that he was visited by the maternal grandmother of the child who wanted to see the baby before she went to the hospital for a serious surgical procedure. Initially, he reports that he willingly agreed to this visit. However, he claims that as soon as Mother had possession of the child, she ran from his home to her car. He became concerned that she was attempting to snatch the baby and therefore attempted to stop this. During this altercation with various members of Mother's family who were present, Father claims that he was hit by a stun gun. This incident is being investigated by the East Pennsboro Police Department. However, the ultimate result was that the Mother refused to return the child to t/ y' NO. 02-4002 CIVIL TERM Father's custody. Father points out that he has full-time gainful employment and works anywhere from 35 hours to 55 hours per week. He works from 7:30 a.m. to 3:00 p.m. for Jane Campbell's Services and each Tuesday and ThursdayJrom 5:30 p.m. to ~:OO p.m., ~s well as alternating Saturday mornings. Father claims to' have alWays been Interested In being involved with his son, but that because of Mother's frequent moves he has not always known where she has been. He also points out that although she had filed for child support, she failed to appear at two separate child support conferences. Father reports that he has received threatening telephone calls after he filed for custody telling him that if he did not return the baby, that he was going to be a dead man. Father reports that the caller had male voice. Father also made allegations that Mother has a history of drug problems. Father reports that the Mother refers to the child by a surname other than what appears on his birth certificate and that as a result he has had difficulty getting the child medical care. Because of Mother's present circumstances Father proposes that he have primary physical custody with Mother having alternate weekends of supervis€,d custody gradually expanding to periods of partial custody and additional time in the summer combined with alternating holidays. /I, ., 4. Mother's Position on Custody. Mother is twenty years old. She reports that she is presently unemployed, is receiving public assisto/'ce and that she plans to get her GED. She is expecting her next baby on March 1, 2007 She is living in West Fairview with her mother who has recently had serious cardiac surgery and who is a diabetic. Mother claims that she has been the primary caregiver until the child was taken from her boyfriend while they were in the grocery store on July 18, 2002. She reports that Father was not around for the birth of the child and did not have any contact with the child until after she filed for child support. She also alleges that she was denied contact with the child from July 18, 2002 until the child was taken from Father's custody on September 6, 2002. Mother also alleges that Father has a history of using drugs and alcohol. Mother reports that the last several months have been extremely stressful for her because of her mother's illness. She got into conflict with her employer and left her position as a nanny in April or May of 2002. Throughout July and August she lived with friends. She does not get along with her father and alleges that he has been violent with her. She further states that she does not speak to any of her family members other than her mother. Mother is in a relationship with the boyfriend that she claims was taking care of the child when he was taken from the grocery store on July 18, 2002. Mother alleges that on the day of the incident where the child was taken by her that she did not go to Father's home intending to keep the child. Rather, she claims that because Father became upset when he saw that she was in the car, to which her mother had taken the child to during the visit, and because of Father's aggressive actions, that an altercation occurred and they subsequently left with the baby because they feared that Father would hurt the baby. Mother also seeks primary physical custody of the child. , NO, 02-4002 CIVIL TERM 5. The Conciliator is greatly concerned that these parents have conducted themselves in a way that is detrimental to the child. The parties cannot seem to reach an agreement as to the custody of the child and make serious allegations about the fitness of the other parent. The Conciliator recommends an interim order which maximizes the hours that Father is not at work and therefore available to the child. The Conciliator also recommends a home study as Mother has demonstrated highly unstable living arrangements over the last several months and recites a history of instability in family and employment relationships. 10 1 '1 (D"1- Date ~-J t.fe / if 1e 11'/ &rr-"J ellSsa eel Greevy, Esquire Custody Conciliator :163611 lit - 6"- ~ :g - ~ B \) f' ()t ~ :U ~F 1- ~ . :;-' f? ,..., C~ c:..-.;J C-f' ::po. c:: C) fv CD o -n ..... X-n ri1F"';. -r.-"' rTl ;:;9 '-:~ C~) ~5~~ ~.--,~m L) --~ >- :Xl .< -0 :.y,: C) w CHRISTOPHER R. STONG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Y. HEA THER ELIZABETH SPECK Defendant NO. 02-4002 CIVIL TERM IN CUSTODY EMERGENCY PETITION TO INTERVENE Petitioner Sherry A. Speck, through her attorneys, the Family Law Clinic, ayers the following in support of her Emergency Petition to Intervene: I. The instant matter is a custody action concerning the custody of Nicholas A Stong (the child), born February 17,2002. 2. Petitioner is Sherry A. Speck, the child's maternal grandmother (Grandmother), who currently resides at 53 Magaro Road, Enola, Cumberland County, P A 17025. 3. Plaintiff is Christopher R. Stong, the child's father (Father), who currently resides at 52 South Enola Driye, Enola, Cumberland County, P A 17025. 4. Defendant is Heather Elizabeth Speck, the child's mother (Mother), who is currently incarcerated at the York County Prison. 5. Prior to Defendant's incarceration, since February 2005, Mother and Child resided with Grandmother at 53 Magaro Road, Enola, Cumberland County, P A 17025. Mother left Grandmother's household on approximately August 1,2005, and the child remained with Grandmother. 6. On October 17, 2002, this Court entered a Custody Order granting Mother and Father shared legal and physical custody of the child. A copy of the Order is attached as "Exhibit A" I 7. Per the October 17, 2002 Custody Order, Father was pennitted to exercise physical custody of the child each Monday and Wednesday from 3:30 p.m. until 8:30 p.m., as well as on three out of four weekends per month. 8. Father failed to exercise custody of the child, or to haye any contact with the child, since approximately March 2004. 9. Mother was incarcerated on August 18,2005. 10. On August 26, 2005, Father filed a Petition to ModifY Custody and A ward Emergency Relief. 11. Pursuant to Pa. R.C.P. 1915.6 (a)(l), if the Court learns from any source that a person who has physical custody of the child is not a party to the custody action, it shall order that the person be joined as a party. Grandmother had physical custody of the child at the time Father's Petition to Modify Custody and Award Emergency Relief was filed, and she was not joined as a party to the action. 12. On August 30, 2005 this Court entered a Temporary Order granting Father temporary physical custody of the child. A copy of the Temporary Order is attached as "Exhibit B." 13. On August 30, 2005, Father, accompanied by law enforcement officials, remoyed the child from Grandmother's home. 14. A Pre-Hearing Custody Conference has been scheduled for Friday, September 2, 2005 before Custody Conciliator Melissa P. Greeyy, Esquire at District Justice Manloye's office, 1901 State Street, Camp Hill, PA 17011. 15. Grandmother belieyes that pennitting her to intervene in this custody action would be in the child's best interest because: 2 a. The three-year-old child resided with Grandmother from February 2005 until August 30, 2005, when he was removed from her care. Grandmother has had regular contact with the child since his birth and has often acted as the child's caretaker. b. As a consequence of Father's failure to exercise his custody rights for the past year-and-a-half, the young child is unfamiliar with Father, who is a stranger to the child. c. It is in the child's best interest to preserve the status quo, allowing him to remain in the home enyironrnent to which he is accustomed, with the plan of gradually increasing his contact with Father. 16. Pursuant to C.C.R.P. 208.2(d), concurrence of opposing counsel, Steyen Howell, Esquire, was sought and was not obtained. WHEREFORE, Petitioner respectfully requests that the Court enter an Order allowing her to intervene as a party in this matter and to participate in the Pre-Hearing Conference scheduled before Conciliator Melissa P. Greeyy, Esquire at II :00 a.m. on September 1,2005. RespectfuJ,ly SubJDitted ~/ 7' /4 -::;// ~' /} ANNE ONALD-FO Supervising Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Phone: (717)243-2968 Fax: (717)243-3639 3 VERIFICATION I yerify that the statements rnade in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsifications to authorities. Date: 1!fj 9 - \ - O,-S' ~~1- Sherry A. eck "-::--: .:s_ .-:-- OCT 1 <J I.UUI.- \' CHRISTOPHER R. STONG, -" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4002 CIVIL TERM Plaintiff v. CIVIL ACTION - LAW HEATHER ELIZABETH SPEOK, IN CUSTODY Defendant HESS, J. -" ORDER OF COURT AND NOW, this /14 day of October, 2002, upon consideration of the attached Custody Conciliation Summ~ry Report, it is hereby ordered and directed as follows: 1. Legal CustodY. The Father, Christopher R. Stong, and the Mother, Heather Elizabeth Speck, shall have! shared legal custody of the minor child, Nicholas A. Stong, born February 17, 2002. B. Mother shall have physical custody of the child on the weekend that begins with the firs~ Friday of the month and at all other times that Father does not have custody. 3. Holidays. lJhe parties shall share custody of the child during the holidays iA accordance with the following schedule: A. Thanksgiving. Thanksgiving shall be divided into two segments, Segment A and Segment B. Segment A shall be from 9:00 a.m. Thanksgiving day until 3:00 p.m. Thanksgiving Day. Segment B shall be from 3:00 p.m. Thanksgiving Day until 9:00 p.m. Thanksgiving Day. In 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. EXHIBIT j If I I I I i I , I I I B ChristmaL Christmas shall be divided into two segments, . fu Segment A and Segm nt B. Segment A shall be from December 24 at noon until December 25th at oon. Segment 8 shall be from December 25th at noon until December 26th at 8:00 p.m. In even-numbe'fed years, Mother shall have Segment A and Father shall have Segment B. In odd-numbered years, Father shall have Segment A nd Mother shall have Segment B. I 4. The parties shat participate in the seminar for separating families within sixty (60) days from the date .of thi Order and shall file a certificate proving their attendance and compliance with the terms of I his Order. I 5. A hearing is sc eduled in Courtroom Number 1 of the Cumberland County Courthouse, on the C)7:IJ day of ~ /YU( Ll~ ' 2003....., at q; 3d o'clock -A.M.. at which time testim ny will be aken. For t e purposes of the hearing, the Father, Christopher R. Stong, shall e deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a me orandum setting forth each party's position on custody, a list of witnesses who are expec d to testify at the hearing, and a summary of the anticipated testimony of each witness. rhese memoranda shall be filed at least ten days prior to the hearing date. 6. The parties arJ to participate in a home study and reports thereof shall be submitted to the Court fifteenl days prior to the time of the hearing. I I NO. 02-4002 CIVIL TERM -', Oist: I i G, Patrick O'Connor. Esquirel3105 Old Gettysburg Road, Camp Hill, PA 17011 Joan Carey, Esquire, MidPenh Legal Services. 8 Irvine Row, Carlisle, PA 17013 ! BY THE COURT: . / , ./11/- J. ~ ~ /o-/7-0..L ~. ~ECEIVED AUG 2 91~~5 CHRISTOPHER R. STONG, PLATNTIFF TN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. HEA THER E. SPECK,. DEFENDANT NO. 02 - 4002 CIVIL CIVIL ACTION - CUSTODY TEMPORARY ORDER OF COURT AND NOW, ibis J~: day ofAugllst 2005 it is hercby ORDERED that temporary physical custody of Nicholas A: Stong (DOB 2/17/02; Age 3) is hereby awarded to Christopher R. Stong in light of the Defendant's incarceration at the York County Prison. The case shall be assigned to the Custody Conciliation (Melissa P. Greevy) to conduct an expedited conference. If the Defendant should be released froUl incarceration at either . the York County Prison or any other facility this Temporary Order shall remain in full force and effect in light of the allegations raised in one Cumberland County criminal case that the Defendant had attempted to obtain a controlled substance. Any member of law enforcement or a Pennsylvania State Constable may enforce this Order., 'BY THE COURT: / . /1-4- J. Certified Copies To; I Steven Howell, Esquire (619 Bridge Sh'eet, New ClIDlberland, P A 17070) Heather E. Speck (Inmate #90987, York County Prison, 3400 Concord Road, York, PA 17402) Sherrj Ciccopioppo (53 Magaro Road, Enola, PA 17(25) EXHIBIT I -t ,." .:) -n :-~ 1',-\ ." c...." ( f~ r'..) CHRISTOPHER R. STONG PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-4002 CIVIL ACTION LA W HEATHER E. SPECK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 30, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respectiye counsel appear before Melissa P. Greevy, Esq. , the conciliator, at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, September 02, 2005 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis 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 existin!: Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 honrs prior to scheduled hearing. FOR THE COURT. By: Isl Melissa P. Greevv. Esq. L. Custody Conciliator The Court of Common Pleas of Cumberland COUllty 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 HA VE 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 Assodation 32 South Bedford Street Carlisle, Pennsylvania J 70 13 Telephone (717) 249-3166 ~J;:v $ ~ ~l 5(/. rJE'-J3> b~? ~A #P ~ ~ ~14 So. <;1['.$ ~ fr.:; ~ 4,;. -n J(? <2,[":i> ~Jd ".v...,..' ,"'''' ku\]ry'" ,. 'n' ''':::'<nl.J 02 :01 Pit OS ~n1j SOUZ ..,..,....'." "('''' ~'H'J.' ::10 ^bV..U..jl\\jr'd,,~I:JrJ ::h ' :]:)H~CrCl3ll:l ~ ~ <;/:wjos ~ECEIVED AUG 292005 I CHRISTOPHER R. STONG, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 4002 CIVIL HEATHER E. SPECK, DEFENDANT CIVIL ACTION - CUSTODY TEMPORARY ORDER OF COURT AND NOW, this )0' day of August 2005 it is hereby ORDERED that temporary physical custody of Nicholas A. Stong (DOB 2/17/02; Age 3) is hereby awarded to Christopher R. Stong in light of the Defendant's incarceration at the York County Prison. The case shall be assigned to the Custody Conciliation (Melissa P. Greevy) to conduct an expedited conference. If the Defendant should be released frorn incarceration at either the York County Prison or any other facility this Ternporary Order shall remain in full force and effect in light of the allegations raised in one Clunberland County criminal case that the Defendant had attempted to obtain a controlled substance. Any member of law enforcement or a Pennsylvania State Constable may enforce this Order. BY THE COURT: ~. ft4- J. Certified Copies To: Steyen Howell, Esquire (619 Bridge Street, New Cumberl,md, PA 17070) Heather E. Speck (Inmate #90987, York County Prison, 3400 Concord Road, York, PA 17402) Sherry Ciccopioppo (53 Magaro Road, Enola, PA 17025) Vif'-i'\!J\'l...l.Si'.-_!; AINr;c,~, ,"" . :--0, l:-':?~i~nJ 02 :01 H\1 OS gfl~ SOfll 1\-1"">"<'\';'1 ",...,':,J "'Hi _1,."\ ^W\!J.\..'l",.' U,\..',..",j .... I.I..::IV 3Jl+::()-(]31H -- JOHN E. FOOSE, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Y. : CIVIL ACTION - LAW : IN CUSTODY JESSICA M. FOOSE, DefendantJRespondent : NO. 02-5394 CIVIL TERM CERTIFICATE OF SERVICE I, Rene M. Gomall, hereby certify that I served a true and correct copy ofthe Order of Court, dated August 18, 2005, on Jessica Foose, at 15 West Main Street, Newville, Pennsylvania, 17421, by depositing a copy of the sarne in the United States mail, certified, restricted deliyery, return receipt requested on August 24, 2005. Service was complete upon receipt by Jessica Foose on August 29, 2005, as evidenced by the attached green card. Date: August 30, 2005 F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 1~.' . CompIel81tem81, 2, one! 3. Also cornpIete Item 4 W Reetricted DeI'-Y Is de8Inld. . PrInt your name an<I acIdreos on the ........... 10 that we can return the ClIId to you. . Attach this CIII1/ 10 the back of the maIlplece. or on the fronl'i space pennlts. 1._ o Agonl 0_ C. Dot. of o-.y .e.S I,' '^- ~< y,n.o5' D. 10 doIMoy _ _trom Item 11 0 Yoo W YES. OIltor doIIvory _ below: 0 No ..JSSI({L fDD5f-~L, I /5 w. mOlY! cyyey- Nt Ji))/llli I plJ /7d)Y! 3. ~IPO ~ld Moll 0 I;>oIliooo Moll o Roglolorod Ia"Rolum Rocolpt 10< ~ o Il10UftId Moil 0 C.O.D. / 4. R_~ Delivery? jEldnI Foe) arY.. 7005 0390 0003 2632 4761 2 PS Fonn 3811, FebNary 2004 Domestic Return Receipt 102595-02.M-1,... (") r :~ r--> c> c" en ~ c~ (;;';. w CJ (..) .c- o> JRECEIVED SEP 2 C Z005 CHRISTOPHER R. STONG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4002 CIVIL TERM v. HEATHER E. SPECK, CIVIL ACTION - LAW IN CUSTODY Defendant HESS, J. --- TEMPORARY ORDER OF COURT AND NOW, this Z I . day of September, 2005, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of October 17, 2002 is VACATED. This Court's Order of August 30, 2005, shall remain in full force and effect with the following modifications: 2. Leoal Custody. The Father, Christopher R. Stong, and the Mother, Heather Elizabeth Speck, shall have shared legal custody of the minor child, Nicholas A. Stong, born February 17, 2002. The maternal grandmother, Sherry A. Speck, shall have legal custody of the child to the extent necessary for her to authorize medical care for the child with an attendant duty to promptly notify and share responsibility for that decision-making with Father should she be in a position to need to make decisions regarding the child's medical care. 3. Physical Custody. Father shall have primary physical custody of Nicholas A. Stong, born February 17, 2002. The maternal grandmother, Sherry A. Speck, shall have partial custody each third weekend effective September 9, 2005, from Fridays at 5:30 p.m. until Sundays at 5:30 p.m. The party receiving custody will provide transportation incident to the custodial exchange. The maternal grandmother, therefore, shall be permitted to pick up the child at Kids On Campus at the commencement of her custodial weekends at 5:30 p.m. Additionally, the maternal grandmother shall have physical custody of the child from 6:30 a.m. until 5:30 p.m. on Tuesdays and Thursdays each week effective September 13, 2005. For the Tuesday and Thursday visits, the party relinquishing custody will provide transportation incident to these custodial exchanges. 4. Holidavs. The parties shall share custody of the child during the holidays in accordance with the following schedule: A. Thanksoivino. Thanksgiving shall be divided into two segments, Segment A and Segment B. Segment A shall be from 9:00 a.m. Thanksgiving day until 3:00 p.m. Thanksgiving Day. Segment B shall be from 3:00 p.m. Thanksgiving Day until 9:00 p.m. Thanksgiving Day. In even-numbered years, \f\NVF;'V,S;\~\'{::1d I 'Nn~n ~,. ,.'" '"''''t'n''' {\l. ,.,j. :. ',:',-,,:, '.'i,"-".;,'+ 1 V as :0\ H\1 \ Z d3S ~UUZ J.,0'110NQH10Sd 3Hl :10 3Ql:J:!()-<:Ell::l NO. 02-4002 CIVIL TERM 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. B. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at 8:00 p.m. In 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. C. The maternal grandmother and Father will share custodial time during the holidays by their mutual agreement. 5. The parties shall participate in the Seminar for Separating Families within sixty (60) days from the date of this Order and shall file a certificate proving their attendance and compliance with the terms of this Order. 6. The Petition of Sherry A. Speck is deemed withdrawn and is dismissed without prejudice. 7. The Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. BY THE COURT: /J~ Dis!: ~even Howell. Esquire. 619 Bridge Street. New Cumberland. PA 17070 ~ther E. Speck. Inmate No. 90987. York County Prison. 3400 Concord Road. York. PA 17042 .::;<tine MacDonald-Fox, Esquire. 45 North Pitt Street. Carlisle. PA 17013 CHRISTOPHER R. STONG, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-4002 CIVIL TERM v. HEATHER E. SPECK, CIVIL ACTION - LAW IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Nicholas A. Stong February 17, 2002 Father 2. Father filed a Petition for Emergency Relief on August 26, 2005. Judge Hess referred the matter for expedited Custody Conciliation Conference. The Conciliation Conference was held on September 2, 2005. Attending the conference were: the Father, Christopher R. Stong, and his counsel, Steven Howell, Esquire. The Mother, Heather E. Speck was absent as she is incarcerated. Also attending the Conciliation was the maternal grandmother, Sherry A. Speck, who, through the Family Law Clinic of the Dickinson School of Law, Pennsylvania State University, had filed the Petition to Intervene. Appearing for the Family Law Clinic were Burgess C. Bradshaw, Certified Legal Intern and Anne MacDonald- Fox, Esquire. 3. Service of Process: Father's counsel served Mother through restricted delivery mail at the York Count Prison where the document was signed for by Prison Staff. Additionally, he served Mother's predecessor counsel at Mid-Penn Legal Services. Pursuant to Judge Hess's Order of August 30, 2005, physical custody of the child was obtained through use of the Constable and the local police authorities. The child is now presently in the custody of Father. 4. Mother's position of custody is as follows: Mother's position is unknown. She is allegedly incarcerated in York County Prison for forgery theft, receiving stolen property. She is apparently entered guilty pleas in Cumberland County on forgery and theft of leased property. There is some concern that the nature of the allegations against Mother in the criminal matters may also include indicators of chemical dependency. NO. 02-4002 CIVIL TERM 5. Father's position on custodv is as follows: Father reports that the child had been living with Mother and the maternal grandmother and that Mother had been moving frequently for quite some period of time. Father also alleges that Mother kept the child from him and interfered with his ability to exercise custody pursuant to Orders that had been entered previously in 2002. 6. The maternal grandmother reports that the child and his Mother had been living with her from February of 2005 through August 1, 2005, when the Mother left the residence. She claims the Father has had no contact with the child since March of 2004 despite the fact that they both live within blocks of each other in Enola. The maternal grandmother is not seeking primary custody but is very concerned about the three year old adjusting to being in the custody of Father after protracted periods with no contact. She also expressed concern about the traumatic event of separation where she described the child as crying for her when he was being placed in the vehicle to leave. The maternal grandmother has two other children in her care that are half-siblings to the child who is the subject of this Order. These children are Timothy, age 2, and an infant, Tristan, who was born in the Spring of 2005. These boys had been living with the maternal grandmother but now reside with their biological father. The maternal grandmother does not work outside of the home. The maternal grandmother reports that when Mother was living with her and was employed that she was the child's babysitter. 7. At the Custody Conciliation Conference, the maternal grandmother and Father were able to reach an agreement which resulted in the maternal grandmother's decision to withdraw her Petition for Joinder without prejudice. The parties intend that the August 30, 2005 Order remain in effect subject to the changes provided in the Order attached. ~QQ.8~ Melissa Peel Greevy, Esquire Custody Conciliator q // q/()5 Date MPG:mer:258650 ~ , CHRISTOPHER R. STONG, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 4002 CIVIL HEATHER E. SPECK, DEFENDANT CIVIL ACTION - CUSTODY PRAECIPE TO RECORD SEMINAR CERTIFICATE TO THE PROTHONOTARY: Please file the attached Certificate showing Christopher Stong has completed the Seminar for Separating Parents. Respectfully submitted, BY: Date: Noyember 21, 2005 S yen owe, squire 19 Bridge Street New Cumberland, P A 17070 (717) 770-1277 Supreme Court ID 62063 .~ ... . or This Is To CertiiY That ~ C,-"..1"~ Has Completed The Seminar For Separating Parents "'" C;"-:l ("....) ,;:.:, ~1-1 C..r.l ....., ~~ r, r..) '" OCT 2 9 2005 ) t') v_v.... ~~ Dd>crah L SaItm, MHS, ~ Cllmcol DimtDr cw._ .:: ,~ C..J ~ t~ c no.- s..-m,. BS F.-n- INTER WORKS 4335A North From Street Harrisburg, P A 1710