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HomeMy WebLinkAbout02-5870KATHY L. LEWIS, Plaintiff JAMES L. LEWIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. & CIVIL ACTION - LAW COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Kathy L. Lewis, who in support of the forgoing Petition avers as follows: 1. Plaintiff, Kathy L. Lewis, is an adult individual residing at 1001 Rupley Rd., Apt. 209, Camp Hill, PA, 17011. 2. Defendant, James L. Lewis, is an adult individual who resides at 100 S. Enola Dr., Enola, PA, 17025. 3. The parties were married on Apri125, 1987, in Cumberland County Pennsylvania. 4. Plaintiff and Defendant are the natural parents ofBrandon J. Lewis, born 7/17/89, Josiah D. Lewis, born 9/1/93 and Frederick J. Lewis, born 9/29/94, herein after referred to as "the children". 5. The children resided with Plaintiff and Defendant until, after which time, the children resided at, Cumberland County, Pennsylvania with Plaintiff. 6. Plaintiff believes and therefore avers that it is in the best interest of the children that she be granted primary physical custody. Wherefore, Plaintiff respectfully requests that it be ordered Plaimiffbe Awarded primary and legal custody. Respectfully Sub~mitted~ ~ ~Mich~ef J. Pykosh, ~uire Attorney Identification No. 5885 t 3805 Market Stre~ Camp Hill, PA 17011 (717) 975-9446 KATHY L. LEWIS, Plaintiff V. JAMES L. LEWIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW VERIFICATION I hereby verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: Kat,hy~. Le~. ~/~j~ KATHY L. LEWIS, Plaintiff JAMES L. LEWIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 3171-CV-1993 CIVIL ACTION - LAW .CERTIFICATE OF SERVICE I, Michael J. Pykosh, Esquire, hereby certify that on this_ ~ day of August 2002, served a true and correct copy of the Petition for Custody, upon the party listed below, by first-class mail, postage prepaid: James L. Lewis 100 S. Enola Dr. Enola, PA 17025 LAW OFFICE OF DARRELL C. DETHLEFS Date: BY: -' ~r~/~ [ichael ). py KATHY L. LEWIS PLAINTIFF JAMES L. LEWIS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5870 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, December 16, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, January 21, 2003 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will he 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/ Melissa P. Greevy, Esa. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-316;6 FEB 14~003~ KATHY L. LEWIS, JAMES L. LEWIS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5870 CIVIL TERM CIVIL ACTION- LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this .~~'~'~lt'day of February, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. Pending hearing, or an agreement of the parties, the parties, Kathy L. Lewis and James L. Lewis, shall have shared legal custody of the minor children, Brandon J. Lewis, born July 17, 1989, Josiah D. Lewis, born September 1, 1993, and Frederick J. Lewis, born September 29, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. {}5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make 'the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody of Brandon and Frederick. The parties shall have shared physical custody of Josiah. The partial custody schedule shall be arranged as follows: A. On alternate weekends, to commence February 7, 2003, Mother shall have custody from Friday at 5:00 p.m. until Monday when the two (2) younger children go to school and Brandon remains at her home. B. On alternate weekends, to commence February 14, 2003, Father shall have custody from Friday at 5:00 p.m. until Monday morning when he returns all three (3) children to Mother's home. C. Josiah's shared physical custody schedule shall be arranged as follows: To commence February 10, 2003, on alternating weeks, Josiah shall be with Father on Mondays and Tuesdays and with Mother on Wednesdays NO. 02-5870 CIVIL TERM and Thursdays. To commence February 17, 200:3, on alternating weeks, Josiah shall be with Mother on Mondays and Tuesdays and Father on Wednesdays and Thursdays. D. The status quo shall continue with regard to the part of the schedule in which Father picks up the children from school and has partial custody with them until Mother picks them up around 5:00 p.m. 3. A hearing is scheduled in Courtroo, m Number ~ of the_C,umberland County Courthouse, on the ~"~ day of ~.., ~. , i2003, at ~ o'clock ~ .M., at which time testimony will be taken. For the purposes of the hearing, the Mother, Kathy L. Lewis, 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. Dist: Michael J. Pykosh, Esquire, 3805 Market Street, Camp Hill, PA 17011 Jeanne B. Costopoulos, Esquire, 1400 N. Second Street, Harrisburg, PA 17102 KATHY L. LEWIS, Plaintiff Vo JAMES L. LEWIS, ' Defendant ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5870 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 5.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Brandon J. Lewis Josiah D. Lewis Frederick J. Lewis July 17, 1989 September 1, 1993 September 29, 1994 Mother Mother and Father Mother 2. Custody Conciliation Conferences were held on January 21, 2003 and February 5, 2003 in response to Mother's Complaint for Custody filed on December 11, 2002 seeking primary custody of all three (3) children. The parties separated on or about October 18, 2002. Present for the conference were the Mother, Kathy L. Lewis, and her counsel, Michael J. Pykosh, Esquire; the Father, James L. Lewis, and his counsel, Jeanne B. Costopoulos, Esquire. 3. Mother's position on custody is that all three (3) children should reside and be raised together and that they should have more structure in the schedule of the time they have with Father. Mother is concerned that Josiah has been alienated from his brothers because of the amount of time that he spends with Father. Mother reports that since separation, she has had Brandon and Frederick in her primary custody and that until the last Custody Conciliation Conference on January 21, 2003, Josiah was with her approximately 51% of the time. Mother resides in Camp Hill and works 8:00 a.m. to 4:30 p.m., for the Office of Chief Counsel. The oldest child, age 13, is home schooled and does his homework on the computer. Mother works with the "Switched on School House Alpha- Omega" school curriculum with the oversight provided by the East Pennsboro Township School District. She reports that Brandon is doing well. Brandon is alone at home during the day. She reports that this has been the case since approximately August 2002 when NO. 02-5870 CIVIL TERM her sister, who had been coming to the home to watch the children, stopped coming. The two younger children attend the Kissing Hand Daycare Program in Marysville, Pennsylvania. The parents provide a home school curriculum to the staff of the daycare center who tutor the children and supervise their homework. 4. Father's position on custody is as follows: Father agrees that Brandon and Frederick have been primarily with Mother but denies that ,Josiah has been with her on a substantially equal basis. Father acknowledges that he has asked the children what they want in terms of a living arrangement and has indicated to the Conciliator that he will support whatever the children want to do with the custodial schedule. He complains that Brandon has been to his home only twice since separation. Father also reports that he sees the children each day because he picks them up after he gets off work around 4:00 p.m. and has them with him until Mother picks them up around 5:00 p.m. Father is self- employed in commercial construction. His work schedulE; varies but primarily operates around the hours of 7:00 a.m. to 3:30 p.m. Father is unwilling to agree to all three (3) children living primarily with Mother. He wants more time with Brandon and more flexibility into the schedule. Both parties acknowledge that Brandon does a significant amount of school work on the computer which Mother provides in her home. Father expressed concern about the oldest child being at home alone and claims that not enough school work is getting done because neighbors and neighborhood children are frequently in the home during the day. He also reports that the child sleeps late in the morning. Although the children have always been home schooled, Father is dissatisfied with the present home school curriculum being used. 5. Because the parties were not able to reach an agreement, a hearing is requested before the Court which should take approximately one (1) day. No expert testimony is anticipated. The parties did reach an agreement as to an interim Order of Court pending trial. Date Melissa Peel Greevy, Esquire Custody Conciliator :200444 , ~z/21/2003 16:26 7179752309 DARREL DETHLEF$ PAGE 02/03 KATHY L. LEWIS JAMES L. LEWIS : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA v, : CIVIL ACTION-CUSTODY : Defendant : NO, STIPULATION.~.GR;;MENT A~ TO CUSTODY_AND VlSITATI.O_N_. AND NOW, this ~ day of ~.~ r~,~,,, ,2003, Kathy L. Lewis of 1001 Rupley Rd., Apt. 209, Camp Hill, Pennsylvania, 17611, he~i~fler referred to as "mother" and James L. Lewis of 100 S. Enola Dr, Enola, Pennsylvania, 17025, hereinafter referred to as "father' hereby agree to the following terms and conditions of oustody and visitation of Brendon J. Lewis, bom July 17, 198g, Josiah D. Lewis, bom Se~ember 1, 1993 and Frederick J. Lewis, bom September 29, 1994, hereinafter referred to as 'children'. The parties he, to recite, der. Jam, and agree as follows: 1. Kathy L. Lewis is an adult individual and the natural mother of The Children. 2. James L. Lewis is an adult individual and the natural father of The Children. 3. Father and Mother have resided in Cumberland County for the past six months. 4. The parties hereto agree that the best interests and continuing welfare of the child would be best sewed with a custody arrangement as follows: a. Father and Mother shall share a legal custody of The Children. b. Mother shall have primary physical custody of The Children. Father shall have periods of temporary custody of the children from Friday at 3;30 p.m. until Monday et 6:00 a'.m. every other weekend. Mother and Father shall mutually agree upon other times and dates of father's periods of temporary custody. e. Mother and Father shall mutually agree upon holidays. Ail parties hereto have had the opportunity to consult an attorney prior to executing this agreement. James L. Lewis acknowledges that Michael J. Pykosh is Mother's attorney. All parties hereto shall hereinafter execute all instruments necessary to carry out the terms of this agreement. The parties hereto agree that this agreement shall be reco~led and incorporated into an order enforceable by the coud. [;?/21/2083 16:26 7179752309 DARREL DETHLEFS PA6E 03/03 WHEREFORE this agreement shall be binding upon the parties and their mspe~ted heirs, execL aclministratom. Date Date Date Date tors, arid Darrell C. Dethlefs~'' Michael J. Pykosh* Brian K. Zellner LAW OFFICE OF DARRELL C. DETHLEFS 3805 Market Street Camp Hill, PA 17011 Phone: (717) 975-9446 Fax: (717) 975-2309 E-mail: DDethlefs~aol.com Web Site: http://www.lawyers.com/dethlefslawoffice HAR 31 ZO0 Legal Assistants Sherry L. Deckman* *Licensed PA Title Agents March 31, 2003 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Lewis v. Lewis Custody Matter, No. 02-5870 To the Court Administrator: Enclosed please find a Stipulation Agreement as to Custody relative to the above- mentioned matter. This shall resolve the above-referenced matter, which was scheduled for a hearing before Judge Guido on April 7, 2003. There wSll be no need for a heating as a result of this Stipulation. Should you have any questions, please do not hesitate to contact me. ~SMichael J-~yk°sh MJP/rss Enclosure Cc: Janine Costopoulos Mailing Address: P.O. Box 368, Camp Hill, PA 17001-0368 KATHY L. LEWIS JAMES LLEWIS Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION-CUSTODY Defendant : NO. 02-5870 ~RDE~R it is hereby Ordered that the attached Stipulation ~s here~ consideration of the attached, Order of Court.