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HomeMy WebLinkAbout03-0489KENNETH L. PECHART, JR., : Plaintiff, : : v. : NO. : REBECCA L. FYLER and : CIVIL ACTION - CUSTODY CORRY KUHNS, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Kenneth L. Pechart, by and through his attorney, Gary L. Kelley, and files this custody complaint, and in support thereof, respectfully avers as follows: 1. Plaintiff is Kenneth L. Pechart, Jr. who resides at 82 Linda Drive, Lot 53, Mechanicsburg, Pennsylvania 17050. 2. Defendants are Rebecca L. Fyler whose last known address is Travel Inn, New Cumberland, Pennsylvania and Corry Kuhns whose last known address is Cumberland County Prison, 1101 Claremont Road, Carlisle, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: Name Devin M. Fyler The child was born out of wedlock. Present residence Age Unknown DOB 3/5/01 The child was previously in the custody of Defendant Fyler. It is believed that the child is presently with Cumberland County Children and Youth Services. 4. Since birth, the child has resided with the following persons and at the following addresses: 6. parentis. Persons Addresses Dates Defendant Tyler Various addresses Various dates Kenneth L. Pechart, Jr The mother of the child is Defendant. The natural father is also a Defendant. The relationship of Plaintiff to the child is that of step-father and he stands in loco Plaintiff currently resides with the following persons: Name Kenneth Pechart, Sr. Brenda Pechart Relationship Father Mother 7. The relationship of Defendant Fyler to the child is that of mother and the relationship of Defendant Kuhns to the child is that of natural father. Defendants currently reside with the following persons: Name Relationship Unknown Plaintiff has not participated as a party or witness, or in another capacity, in other litigation information of Commonwealth. concerning the custody of the child in this or another court. Plaintiff has no a custody proceeding concerning the child pending in a court of this Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. o The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff is a fit parent and has acted as the child's father since birth Defendant Kuhns has not actively participated in the child's life. Defendant Fyler suffers from a significant substance abuse problem which limits her ability to care for the minor child. Defendant has stated that she does not the child to return home and that the child may reside with Plaintiff. The minor child views Plaintiff as a source of love and affection. Placing custody with Plaintiff will provide continuity, stability and certainty to the child's life. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests this Court to grant legal and physical custody of the child to Plaintiff. PETITION FOR EMERGENCY RELIEF 10. Plaintiff repeats and realleges averments 1 through 9. 11. Plaintiff has been actively involved in the minor child's life since birth and has provided emotional and financial support for the child since birth. 12. The child views Plaintiff as his father and refers to him as "Dad." 13. The child views Plaintiff's as his grandfather and grandmother. 14. The child is developmentally challenged and Plaintiff has taught him to walk, talk, and feed himself. 15. 16. 17. The child views the Plaintiff as a source of love and affection. Plaintiff ensured that the child was taken to all doctor's appointments. Defendant Fyler would leave the minor child with Plaintiff for extended periods and not inform him of her whereabouts or when she would return. 18. Defendant Fyler frequently confided to Plaintiff that "I dofft think I can handle Devln. 19. 20. 21. addiction. 22. to Plaintiff. 23. 24. child. 25. Cumberland. 26. Defendant Fyler has frequently threatened to place the child for adoption. Defendant Fyler suffers from a significant drug addiction and is unable to care for the minor child. Her present whereabouts are unknown. Defendant Fyler is unable to maintain steady employment as a result of her drug On or about January 15, 2003, Defendant Fyler's whereabouts became unknown Defendant Fyler took the minor child with her. As a result, Plaintiff was unable to provide for the custody and care of the minor Plaintiff subsequently learned that Defendant Fyler was residing at a motel in New Local Children and Youth Services personnel were informed and took custody of the minor child. 27. It is believed and therefore averred that Children and Youth Services personnel believe that Plaintiff would be able to appropriately provide for the custody and care of the minor child. 28. It is in the best interest of the minor child that he be placed in the custody and care of Plaintiff pending further order of Court. 29. Plaintiff is keenly aware of the minor child's developmental needs. 30. Maintaining the child in foster care is contrary to the best interests of the minor child given his developmental needs. 31. The child's natural father in this matter has had no contact with the child since birth. 32. Defendant Fyler's present whereabouts are unknown. WHEREFORE, based upon all of the foregoing, Plaintiff respectfully requests that this Honorable Court grant legal and physical custody of the minor child to him pending further order of Court. Respectfully submitted, 132-134 Walnut Street Harrisburg, PA 17101 (717) 238-1484 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: KENNETH L. PECHART, JR., Plaintiff, REBECCA L. FYLER and CORRY KUHNS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY ORDER AND NOW, this ~'~, day of J~~, 2003, upon consideration of Plaintiffs Petition For Emergency l~elief;i~"2 ' ~ -~ ~'' ' .. ''_ ' E~ JUDGE 0 -ot,.o3 KENNETH L. PECHART, JR. PLAINTIFF REBECCA L. FYLER AND CORRY KUHNS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-489 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, February 12, 2003 , 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, March 18, 2003 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prJior to scheduled hearinl~. 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 Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KENNETH L. PECHART, JR. PLAINTIFF Vo REBECCA L. FYLER AND CORRY KUHNS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-489 CIVIL ACTION LAW IN CUSTODY AMENDED ORDER OF COURT AND NOW, Wednesday, February 26, 2003 , 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, March 19, 2003 at 1:00 PM for a Pre-Heating 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 apl~ear 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 hearinl~. 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 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 heating. 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 /'JAR KENNETH L. PECHART Plaintiff VS. REBECCA L. FYLER AND CORRY KUHNS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03 -489 IN CUSTODY CIVIL ACTION LAW ORDER AND NOW, this 12th day of March 2003 , the conciliator, being advised by counsel for Cumberland County Children and Youth Services that the Child who is the subject of this custody matter has been adjudicated Dependant and placed in the Agency's custody, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for March 19, 2003, is cancelled. FOR THE COURT, Custody Conciliator