IN THE COURT OF COMMON PLEAS OF
BLAIR COUNTY PENNSYLVANIA







EDWARD D. LONGO
Plaintiff / Petitioner
 

           vs.                                                           No. 741  C.P. 1995

CRYSTAL  BURGOON
Defendant / Respondent
 
 
 

AND NOW COMES , the Petitioner, Edward D. Longo, avers the following.

1. The Petitioner is Edward D. Longo of 1900 6th ave Altoona, Blair County, Pennsylvania.

2.The Respondent is Crystal R. Burgoon, who resides at 280 Forest Brook Drive, Flinton PA 16640

3. The parties are the natural parents of two minor children, Edward D. Longo II, born June 18th, 1989 and Stella K. Longo, born January 19th, 1993

4. The parties have a formal custody agreement as ruled on by this court.
The Petitioner has partial custody of the minor children every Sunday from 3 p.m .to wednesday  at 4 p.m. at which time they return to the custody of their Mother. The custody order implies that the children shall attend school in the Altoona Area School District, as they have for the past 5 years, as the Father is responsible for sending the children to school, 3 out of the 5 days they attend, with a provision, that in case of inclimate weather the Father would meet the Mother halfway, at Jacobs Oil to transport the children to Altoona for school.

5. On Thursday September 6th the Father was notified that Stella did not attend classes that day
at Washington Jefferson Elementary, nor did she attend the following Friday.

7. On  Saturday the 8th of September, at approximately 7 p.m. the Petitioner was notified by phone, at work, by his minor Son, that Stella was not returning to his home on Sunday because she is now attending school in the Glendale School District.

8. At approximately 7:30 p.m. the Father was then contacted by his minor Daughter Stella whom emotionally expressed her desire to come to his home on Sunday, as is her usual routine and attend her  classes at Washington Jefferson in Altoona.

9. On Sunday  September 9th the Father picked up the children without incident at the agreed place and time, but was notified, again by his minor Son, that on Thursday the Mother of the children plans to send Stella back to Glendale School.

10. It is the Petitioners position that the Respondent has violated the implied agreement in the custody order by removing Stella from her usual classes and is placing the minor child  under significant, unnecessary emotional stress,which constitutes an emergent situation.

11. It is the Petioner's intent, that Stella remain in the Altoona School District, until such time these issues may be reviewed by the Blair County Court.

12. The petitioner avers that he is not intent upon keeping Stella from her Mother, however, due to these recent events and the  level of emotional stress placed on his minor daughter,he petitions this honorable Court to intervene on Stella's behalf and grant the natural Father one of the two requests
presented as follows.

13. To execute the  first attached ex-parte order, directing the child's Mother to follow the existing agreement with Stella continuing classes in the Altoona Area School District, as is her usual routine, pending a ruling by this Court.

or,
 
14.To execute the second attached ex-parte order and place temporary custody of Stella with her Father, for stability, as well as her emotional well being from Sunday at 3 p.m. to Friday at 3 p.m. so that she may continue her normal routine of attending classes at Washington Jefferson School in Altoona, pending a decision by this court.
 

Wherefore the Petitioner requests the following  relief  be granted to him as follows.

1.Direct the child's Mother to allow Stella to remain in the Altoona Area School District, as per existing custodial arrangement, pending a ruling by this Court.

or

2..Place Temporary Custody of Stella with her natural Father, Edward D. Longo, Sunday at 3 p.m. through Friday at 3 p.m. pending a hearing in this matter.

3. Enter a rule returnable to show cause why said relief should not be granted.
 
 

Respectfully  submitted on this 11th day of September 2001
 
 

EDWARD D. LONGO