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HomeMy WebLinkAbout00-05151 ,-..::., ~--" " .'.. -.,;~ . '~,~-- ,-~- -~-- , ~ --,,~v 'V ;.. '" Plaintiff OC~r8 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5151 PATRICIA G. MANGAN, vs. SANDRA PEALER SAWYERS, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT Oler, J. - AND NOW, this 7; tt day of October, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The Maternal Grandmother, Patricia G. Mangan, and the Mother, Sandra Pealer Sawyers, shall have shared legal custody of the minor Child, Harlan A. Pealer, born July 14, 1990. Each party shall have an equal right, to be exercised jointly with the other party, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. S 5309, each party shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other party . To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. 2. Mother shall obtain the drug and alcohol assessment regarding the status of her recovery, sobriety and the ability to have unsupervised partial custodial weekends or holidays and school breaks. The report shall include collateral contact with Mother's therapist. After the report has been provided to both counsel, the next and subsequent visits with Mother shall occur as unsupervised periods of partial custody. The move from supervised to unsupervised visits is predicated upon pOSitive report as to the status of Mother's sobriety and her ability to have unsupervised partial custody of the minor Child. 3. Physical Custody. The Maternal Grandmother shall have majority physical custody of the minor Child. Mother shall have visitation or partial custody each four to six weeks, or as the parties may agree. These custodial periods may include two- or three-day weekends or another extended period during school breaks. 4. There shall be no use of alcohol or illegal drugs during any period of custody and within four hours preceding any period of custody. :~ ~ " ~<" .. r- - .~ ~-- _~_ , ,""""<'._ , ~., _"'~ "'''V,", " c i (1f'11- ,~" \,)L, r, q. 1, ':' ,<,. ,,~...:; oJ r'.~" t,n".-: " .- '<I',: l~fT\l v01\/:b':":~-',LJ".[ ~j",),->i\l I PEt~NSYLVAN!A __o",~~,' '0_",< _c._~ _~ ~-~ ~~ ,= ,-.," o.,:"..,",;'(!l_~~f5l'J:[Wg-jl'ffi1%1i~A'HI!<I~!t'l~H!!_~,~-J,m *", 1!1!ff - , -, >-' '"' J o;~-',,' ,",':C" '. .__.='1" _ , "': .. No. 00-5151 - Civil Term 5. The parties shall agree to the means by which they shall share transportation responsibility related to Mother's periods of custody and/or visitation. 6. Duran Sawyers shall not be present for any period of custody with the minor Child. 7. This Order is temporary in nature. The parties may vary from its terms by their mutual agreement. In the event that the parties do not agree, the terms of this Order shall control. BY THE COURT, ~?~\ Lf Dis!: Donald T. Kissinger, Esquire, 130 Walnut Street, PO Box 810, Harrisburg, PA 17108 Joan E. Carey, Esquire, 8 Irvine Row, Carlisle, PA 17013 ~""~', -,;, ,,,~i'_'V'~"_'_^ -;; '" ",>,-<;.- ,"- f: 0' " ... < . PATRICIA G. MANGAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5151 vs. SANDRA PEALER SAWYERS, Defendant CIVIL ACTION - LAW 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 Harlan A. Pealer July 14, 1990 Maternal Grandmother 2. A third Custody Conciliation Conference was held on October 1, 2001, with the following individuals in attendance: the Maternal Grandmother, Patricia G. Mangan, and her counsel, Donald 1. Kissinger, Esquire; the Mother, Sandra Pealer Sawyers, and her counsel, Joan E. Carey, Esquire. /06/61 3. The parties reached an agreement in the form of an Date .~ ",' . no_' < ',-'-'d _" ,.__ '. -. o~_ ~ " . ~ / ,-.,. Plaintiff MAY 0 8200ftIJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5151 PATRICIA G. MANGAN, vs. SANDRA PEALER SAWYERS, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this .. ! {tl. day of t/l1~-:1 ,2001, upon consideration of the attached Custody ConcIliation Summary Report, It IS hereby ordered and directed as follows: 1. The Maternal Grandmother, Patricia G. Mangan, shall have majority physical and legal custody of the minor Child, Harlan A. Pealer. The Mother, Sandra Pealer Sawyers, shall have partial physical custody. Maternal Grandmother shall retain ultimate decision making responsibilities. However, Maternal Grandmother shall be required to consult with Mother with regard to issues of health, education and religious upbringing. It is acknowledged that the parties contemplate an expansion of Mother's role in decision making with regard to the legal custody relating to her son. It is also anticipated that if Mother continues the progress that she has made in the last several months, she will be working toward shared legal custody of the Child. 2. The Maternal Grandmother and Mother shall send the appropriate consents to release information and exchange information between the therapists for Mother and Harlan so as each will be allowed to obtain a progress report and summary of their progress and treatment. It is contemplated that the therapists may provide the parties with guidance regarding the nurturing and reconciliation of the relationship between Mother and the child and that they may need to consult with each other to facilitate this. 3. The Maternal Grandmother shall retain majority physical custody of the Minor Child, Harlan A. Pealer. Mother shall have visitation during the period of May 4 through May 8, 2001. Additionally, the Maternal Grandmother shall transport the minor Child to Washington, Pennsylvania, for visits with Mother each four to six weeks. Initially these visits shall be supervised. However, it is contemplated that these supervised visits shall be expanded to include periods of unsupervised partial custody. This decision will be guided by input from Harlan's present psychotherapist and by Mother's present psychotherapist. 4. The Custody Conciliation Conference shall reconvene at the office of Melissa Peel Greevy, Esquire, the Custody Conciliator, 214 Senate Avenue, Suite 105, Camp Hill, PA 17011, on Monday, July 16, 2001, at 11 :00 a.m. " ....,? III .J 1,,- __ "'~ ~!._!lnl ;--\r-.-, ''',J. .:'~)TARY' 0,1 ~lqv 'I I H r fe, I _ I P;-; I: 30 CUI'.'!:'i:c.: /,..C', ,-r" . V!l..~~j lLfl,,\lU (j,jtJf'~TY PENNSYLVN\jiA - --~~.~ -^"""~- '~'r ,_~~ffl:S!~IIffl~~!!f~7~","",,m~"."" L).~ .-- ~ - ~ t ~, . -. ~ - _ J ," , -. '." ." .~ ~ - No. 00-5151 Disl: BY THE COURT, Donald T. Kissinger, Esquire 130 Walnut Street, PO Box 810, Harrisburg, PA 17108 Joan E. Carey, Esquire 8 Irvine Row, Carlisle, PA 17013 ~ ~ 0- 1<I.Oj '-/"..:, -',>-- " ~-,/, ~""'" "", < -"'ll\h if. ". MAY 0 8 200/1) PATRICIA G. MANGAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5151 vs. SANDRA PEALER SAWYERS, Defendant CIVIL ACTION - LAW 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 Harlan A. Pealer July 14, 1990 Maternal Grandmother 2. A second Custody Conciliation Conference was held on April 24, 2001, with the following individuals in attendance: the Maternal Grandmother, Patricia G. Mangan, and her counsel, Donald T. Kissinger, Esquire; the Mother, Sandra Pealer Sawyers, and her counsel, Joan E. Carey, Esquire. OoJ, f'l/o ) 3. The parties reached an agreement in the form of an Order as attached. Ub,Q Melissa Peel Greevy, Esquire Custody Conciliator . '-'-~- il.. f-~,' SEP 0 1 2000JII PATRICIA G. MANGAN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-5151 Civil Action - Law SANDRA L. PEALER SAWYERS,: Defendant. IN CUSTODY INTERIM ORDER OF COURT AND NOW, this c.. R day of Se. \Ot.....,LJ ,2000, upon consideration of the Custody Conciliation Summary Report it is hereby ordered and directed as follows: 1. The parties shall submit themselves and the minor child to an independent custody evaluation. The evaluation shall include the expertise of a Certified Addictions Counselor. The parties shall sign all necessary releases and authorizations for the evaluators to obtain medical and psychological information pertaining to the parties. Cost of this evaluation shall initially be borne by Plaintiff with the understanding that neither party has waived their right to file the appropriate petition to request contribution in a greater percentage from the other party. 2. Pending further Order of this Court or an agreement of the parties, the Maternal Grandmother, Patricia G. Mangan, shall have majority physical and legal custody of the minor child, Harlan A. Pealer. 3. Mother, Sandra L. Pealer Sawyers, shall have physical custody as follows: A. August 22, 2000 from 8:00 a.m. until 6:00 p.m. Mother shall pick up the child at Maternal Grandmother's office and Maternal Grandmother shall pick up the child from Mother's temporary residence at the conclusion of the visit. B. Beginning August 26, 2000, 9:00 a.m. until 7:30 p.m. Saturday and ,.- ,~. :,1 :1 ! :1 ,;1 'j ~~ ,~ '" .~ l'~ ~ :N 11 .~ :~! ,-.' "~ - ~, -=-'.._' -.;' ,=,~ . < ,~-~~ _".'0 ,~ --~ - ". ,-" 00 SEP ~- 'j Fj-'l :.~':; S 9 CUj~h3~~Fi.~'-J,)-; ;"';"-',1 1\.r~IV '" "-' -',-,' 'J\- Pr:I'\lI\lgy'L\ll"~"1 " , -:\j \"'" 1r',) ~J"" . ., _!lIl~ j ,J:ljjL~~~~"",_ _~.) .. ~,Iif(/_~"'~f1",;?'~I?lJl~II$~'I!I'#~!niUI~ ~_.~","f --.-- ~, . , "-c' " ,-"", u _ "^_, , ( 06.,' Sunday on alternating weekends. Saturday transportation shall be provided by Mother. Sunday transportation shall be provided by the Maternal Grandmother. C. From 4:15 a.m until 7:00 p.m. each Tuesday and Thursday. Mother shall provide transportation at the beginning of her custodial period. Maternal Grandmother shall provide transportation at the end of Mother's Tuesday and Thursday custodial periods by picking the child up at Mother's residence. 4. Pending further Order of Court, or recommendation of the Custody Evaluator . Duran Sawyers shall not be present for any of Mother's periods of custody with the minor child. 5. A Custody Conciliation Conference may be scheduled upon request of the parties following the custody evaluation, or by the natural father should he so desire. BY THE COURT, cc: Donald T. Kissinger, Esquire Andrea M. Levy, Esquire q, 1'00 * ".~- ~ -..., 'on ~; r.l SEP 0 1 zooof PATRICIA G. MANGAN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-5151 Civil Action - Law SANDRA L. PEALER SAWYERS,: Defendant. IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNT 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 Harlan A. Pealer July 14,1990 Maternal Grandmother 1. A Conciliation Conference was held on August 21, 2000 with the following individuals present: Maternal Grandmother, Patricia G. Mangan and her counsel, Donald T. Kissinger, Esquire; Mother, Sandra L. Pealer Sawyers and her counsel, Andrea M. Levy, Esquire. 2. Maternal Grandmother's position on Custody is that she should have primary physical custody of Harlan because Defendant is unable to provide a safe environment for the child. She alleges her daughter has along history of substance abuse and is presently separated from her husband, against whom she has a Protection from Abuse order. There has allegedly been violence in the marriage, including an incident wherein the Defendant stabbed her husband. According to Plaintiff, Mother's husband has a history of incarceration on various drugs charges. He is reportedly out on $10,000 bail at present on additional drug charges which he may be trying to have reduced by cooperating with the attorney general's office. Plaintiff reports that the minor child has spoken openly about seeing drug use in his stepfather's home. There are concerns raised that Mother's husband is a flight risk. These concerns were based in part on a letter, which was purportedly written by Defendant's spouse while in prison. There has also been an allegation that Defendant had discussed relocating to specific distant cities and changing the child's name. A factual dispute exists as to whether there is an open case with Cumberland County Social Services for Children and Youth. It is alleged that there have been two investigations, one in November 1999 and another in May 2000. ~. , ..";,, .~."' -',~ -~. , , .r. .. No. 00-5151 3. Mother's position is that custody should be returned to her. She claims that her mother, Plaintiff, obtained custody by turning Defendant in on an outstanding warrant for theft of services in another county and then filing a Custody Complaint and Petition for Special Relief while Mother was incarcerated for eight (8) days. Mother claims to be attempting to work out her marital problems while living with her estranged husband's mother. Her counsel reports that the November 1999 Children and Youth investigation was "not indicated". She denies that there is a flight risk. 4. Custodial arrangement at time of conference: Pursuant to an Order subsequent to a Petition for Special Relief, Plaintiff has custody of the child who is enrolled in school. She is providing for supervised visitation for Mother at her place of business. 4. It is noted that there is a lengthy history of dispute between Plaintiff and Defendant. The parties did agree that there should be an interim order and a Custody Evaluation to include evaluation by a Certified Addictions Counselor. 5. The Custody Conciliator recommends the attached Interim Order pending outcome of a hearing. It is of note that the Interim Order was developed with the input of the parties and their counsel. r;/Jl!2-crVU Date Ukfl~~ Melissa Peel Greevy, Esquire Custody Conciliator "M " b , PATRICIA G. MANGAN PLAINTIFF V. SANDRA L. PEALER-SAWYERS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-5151 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 18th day of January, 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp HiU, PA 17011 on the 26thdayofFehruary ,2001, at 1:00 a.m. 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 defme 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. FOR THE COURT, By: Isl Melissa P. Greev Es 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 HA VB 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 !~ "' 01: n f!L€R:amCE ',,[: !!OTf-;CWOTARY 01 JAN 22 f'.I1 I: 40 CUMBERLAND COUAm, PENNSYLVANIA 'VI f /;);)001 & !flJ;~~ .-d;~ ~ ICA(J,f)/ 7!~ ~ $ 4- ~ j"d-acYI ~ A"~ M4-~~ . Ulr _ ~~ ,jl~~ ~ "1 "~~ ..~_0Ii1ll~~~.,,:,~~. _'-"](1 il,!!lr,~. ~~""",j"W""~""'",_,"l""~i'Yf!"'71'1~~"~il'\jji.'l'fll>~j<<:~p!:';,\fJ!i'"ffli'"'Ji'<;~~~~ - =~ - -~ . -,"- "'--- -T~L IJ[IJJg" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PATRICIA G. MANGAN, Plaintiffi'Petitioner v. ) ) ) ) ) ) ) NO. 00-5151 SANDRA L. PEALER-SAWYERS, DefundanURespondent CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, ,2001, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at Pennsylvania, on the day of ,2001, at o'clock _.m. 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. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, P A 17013 Telephone: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact OUT 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. ;"~"""~li.*l!t~,,,,-S''- ".'"~ 11'.)< ^ llllir'Vl' "~"'-L1..J ."-~, I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PATRICIA G. MANGAN, Plaintiffi'Petitioner v. ) ) ) ) ) ) ) CNIL ACTION 0 LAW CUSTODY NO. 00-5151 SANDRA L. PEALER-SAWYERS, DefendantJRespondent PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER AND NOW, comes the Plaintiff, Patricia G. Mangan, by and through her counsel, Howett, Kissinger & Conley, P.C. who files this Petition for Modification of a Partial Custody Order and in support thereof states as follows: 1. The petition of Patricia G. Mangan respectfully represents that on September 6, 2000, an interim order of court was entered for partial physical custody, a true and correct copy of which is attached. 2. This order should be modified because: (a) On November 17, 2000 Respondent left the minor child, Harlan unsupervised for an extended period oftime. (b) During her partial physical custody periods in November 2000, Respondent engaged in sexual relations in a hotel room for which she allegedly accepted money, all in the presence of, Harlan. (c) From November 30, 2000 to approximately December 11, 2000 Respondent was voluntarily committed to the mental health ward at Holy Spirit Hospital. (d) On December 11, 2000, Respondent entered an in-patient rehabilitation program called "New Beginnings" located in or around Williamsburg, Blair County, Pennsylvania from which she is to be released to a half-way house in the near future. ,~"',~,,"';"',."'""""""""'"......." ~ ~ ~ ~'" "~ -U~ff;' (e) Petitioner is not aware of the instigating reasons for Respondent's entry into the mental health ward or the rehabilitation program, or the recommendations as to follow through care made to Respondent by the rehabilitation facility or, the likelihood that Respondent will follow through with said recommendations. (f) However, Petitioner is aware that Respondent has been in some type of rehabilitation program in the past, both in-patient and out-patient, on at least four separate occasions, all of which were ultimately unsuccessful. WHEREFORE, Petitioner respectfully requests this Honorable Court modify the existing interim order of court as follows: 1. To provide that any contact between Respondent and the minor child be supervised. 2. That Respondent follow through with and abide with any and all recommendations made by the rehabilitation facility, half-way house, or subsequent counselor of Respondent. 3. That Petitioner be granted access to the records of Respondent's entry into the mental health ward and the rehabilitation facility in order to determine, the reason for said entry, Respondent's current status, the rehabilitation facility by recommendations as to follow-up care, and whether or not Respondent is abiding by said recommendations. .~ " Date: ,"'- "'. -,. .', -, """'!!I:lEl",_ ._~~" v-' 4. Any other relief this court deems appropriate. Respectfully submitted, 0/( -=::::::- .....-:; Donald T. Kissinger, Esq 're HOWETT, KISSINGER & CO 130 Walnut Street P.O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for PlaintiffiPetitioner, Patricia G. Mangan ~d(~"""-- t I/ililf.lol!""' rr~ ~x ~ ~ ~~"M~- . 4. ~""l ';.I !Jj ~ -- -, ,~ full l~.iL~~_\9 VERIFICATION I, Patricia G. Mangan, hereby swear and affirm that the facts contained in the foregoing Petition for. Modification of a Partial Custodyare true and correct to the best of my Order knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: 1 /9/01 ~';A 4'~7Jt~ Patricia G. Mangan ~- 1~H_ ,~ ~" -" ~ llLifi.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA G. MANGAN, PlaintifflPetitioner v. ) ) ) ) ) ) ) NO. 00-5151 SANDRA L. PEALER-SAWYERS, Derendantf.Respondent CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Patricia G. Mangan, PlaintifflPetitioner in the above-captioned action, hereby certify that a true and correct copy of the foregoing Petition for Modification of a Partial Custody Order was served upon Joan E. Carey, Esquire, counsel for DefendantJRespondent, Sandra L. Pealer-Sawyers, by depositing same in the United States mail, first class, on January 9, 2001, addressed as follows: Joan E. Carey, Esquire 8 Irvine Row Carlisle, P A 17013 Date: ~p~r t/ Donald T. ssinger, Esq e HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, P A 171 08 Telephone: 717-234-2616 Counsel for PlaintifflPetitioner Patricia G. Mangan ',. ,~ "._~ ,,' '. ,"_,,."",(',._, ".,.,'.',.<1',,"",'.,:;, .. _,C', . "'>'>'~'~ SEP 0 1 zoofll PATRICIA G. MANGAN, Plaintiff, IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-5151 Civil Action - Law SANDRA L. PEALER SAWYERS,: Defendant. IN CUSTODY " INTERIM ORDER OF COURT AND NOW, th;, j,,-th day of dt!::Y&l ,2000, "'"'' consideration of the Custody Conciliation Summary eport it is hereby ordered and directed as follows: ., i 1. The parties shall submit themselves and the minor child to an independent custody evaluation. The evaluation shall include the expertise of a Certified Addictions Counselor. The parties shall sign all necessary releases and authorizations for the evaluators to obtain medical and psychological information pertaining to the parties. Cost .~ . of this evaluation shall initially be borne by Plaintiff with the understanding that neither party has waived their right to file the appropriate petition to request contribution in a greater percentage from the other party. 2. Pending further Order of this Court or an agreement of the parties, the Maternal Grandmother, Patricia G. Mangan, shall have majority physical and legal custody of the minor child, Harlan A. Pealer. 3. Mother, Sandra L. Pealer Sawyers, shall have physical custody as follows: A. August 22, 2000 from 8:00 a.m. until 6:00 p.m. Mother shall pick up the child at Maternal Grandmother's office and Maternal Grandmother shall pick up the child from Mother's temporary residence at the conclusion of the visit. B. Beginning August 26, 2000, 9:00 a.m. until 7:30 p.m. Saturday and EXHIBIT ~ ,c~ [( .,"' . "c__ ".:,'--' ,~ --, ",~" ,-.., "K ,',-.,-,~,,- ..'--"-""'--',,-.. ~'..":--,;,i , Sunday on alternating weekends. Saturday transportation shall be provided by Mother. Sunday transportation shall be provided by the Maternal Grandmother. C. From 4:15 a.m unti/7:00 p.m. each Tuesday and Thursday. Mother shall provide transportation at the beginning of her custodial period. Maternal Grandmother shall provide transportation at the end of Mother's Tuesday and Thursday custodial periods by picking the child up at Mother's residence. 4. Pending further Order of Court, or recommendation of the Custody Evaluator Duran Sawyers shall not be present for any of Mother's periods of custody with the minor ; child. .. I' '_l 5. A Custody Conciliation Conference may be scheduled upon request of the parties following the custody evaluation, or by the natural father should he so desire. BY THE COURT, "t' cc: Donald T. Kissinger, Esquire Andrea M. Levy, Esquire "" ~.~ -_u ~.. J.~ _. " (J i '_~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA G. MANGAN, Plaintiff v. ) ) ) ) ) ) ) NO. iHJ ~ 5'/:51 ~ 1.R.A-.- SANDRA L. PEALER SAWYERS, Defendant CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this ?l~i day of "J \J ~ ' 2000, upon consideration of the foregoing Petition for Special ReliefPursu~nt to PaRC.P. 1915.13, the Court hereby ORDERS, ADJUDGES and DECREES that majority physical and legal custody of Harlan A. Pealer shall be with ratricia G. Mangan on a tem~oran' basi~ until further ordef of C01l!7 / l, 'i ~c.2J(r7~ bj) it,c.. ~p?7il~"Lllen-l d fhts. vd.2 _tit Icj'f- h dJ :d: t1;c. r-cput"si .v- ~l~~~&~V IV 1-btc f72li..J...{ 1zf("cJ f(,o"""pll, u'fM rC"b"'t"st. (") (:J (") G (:.:::.) '-,-, -0 r/: ~~ ---. n I :?..: ?i ;:~ i<) c.':> 2~:'" -, r:: ( " ;;~ ., ('. --.. ( " ,;: c ..;.:.. c ~-,) I,.j , i-1 :2- :../'1 :::;~~ -~ ---:: -0 .~ .< 7/;)./- eLfy ?€/J.$.OAJ~ttr 9ivrJ -!o /N.';'y CoP'! m~( L'O.cL -10 })~. ~ ..: - ""-'- ~ ~.....""",' biL.1 ~ ~." ~~ ~1W!fJ", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA , PATRICIA G. MANGAN, Plaintiff v. ) ) ) ) ) ) ) NO. {}().5/s'1 ~ r~ SANDRA L. PEALER SAWYERS, Defendant CIVIL ACTION - LAW CUSTODY PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P.1915.13 AND NOW, comes the Plaintiff, Patricia G. Mangan, by and through her counsel, Howett, Kissinger & Conley, P.C., and files this Petition for Special Relief Pursuant to PaRC.P. 1915.13 and in support thereof states as follows: 1. Plaintiff is Patricia G. Mangan (hereinafter referred to as "Grandmother"), who currently resides at 130 White Birch Lane, Mechanicsburg, Cumberland County, Peunsylvania, 17055. 2. Defendant is Sandra L. Pealer Sawyers (hereinafter referred to as "Mother"), who currently resides at 3808 Vine Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Defendant is the Mother of and Plaintiff is the maternal grandmother of one minor child, namely Harlan A. Pealer (hereinafter referred to as "Harlan"), born July 14, 1990. Grandmother does not know the identity of Harlan's natural father. 4. Simultaneously with the filing of this petition, Grandmother has filed a Complaint for Custody of Harlan. 'fi.1"~~"'-'l!2' ~-'''.''"':ilJ>'''''''"-" . ~ ~~ - ~" .LlI<i ~':::'lI!liIl' ~~-''''' ""<!iililWltoJ.:; "-~~-, l!2j~ 5. Since Harlan's birth, Grandmother has been intimately involved with his day-to-day care, and within the past several years, estimates that she has been responsible for caring for Harlan approximately 75% of the time. 6. The natural father is not involved in Harlan's life at all and does not pay support. 7. Mother is married to Duran Alvis Sawyers (hereinafter referred to as "Stepfather"), a convicted drug dealer who was just recently released from prison where he had been serving time for drug charges. 8. Since December of 1999, Mother has been increasingly relinquished care- taking responsibility of Harlan to Grandmother. 9. Mother has an extended history of drug and alcohol abuse, and Grandmother believes that she is once again engaging in drug and alcohol abuse. 10. Mother's actions in the recent past have caused Grandmother to be concerned about Harlan's safety residing in a home with a known drug dealer. In fact, on April 16,2000, when Grandmother arrived home from work, she received a phone message from Mother requesting that Grandmother pick Harlan up because his safety might be in jeopardy that night until she and Stepfather "got their mess cleared up." II. On May 16, 2000, during an altercation between Mother and Stepfather, Mother stabbed Stepfather in the chest. Stepfather admitted himself at Polyclinic Hospital. Polyclinic Hospital notified police authorities of the stabbing. 11 11" - ~ ., -~>~,,- r" .-"'. l'~j; 12. After the stabbing Mother applied for and received an Emergency Protection from Abuse Order ("PF A") against Stepfather from District Justice Robert V. Manlove. At Mother's request Grandmother was present during the PF A process. 13. On July 20,2000, Mother was arrested on criminal charges which Grandmother believes to be theft of services by deception and failure to appear and was taken to the Cumberland County Prison where she remains. However, Grandmother further believes that Mother will be transferred to Erie County Prison for some type of hearing to occur in Erie County on Wednesday, July 26,2000. Mother's bail has been set at Five Thousand Dollars ($5,000) cash, but Mother has been unable to obtain the bail amount. Accordingly, Grandmother believes that Mother may remain incarcerated for an extended period of time. 14. At the time of Mother's arrest, Harlan was in Grandmother's physical custody with Mother's consent. Accordingly, Grandmother has maintained de facto physical custody of Harlan since Mother's arrest. 15. In the event Harlan requires emergency medical treatment while Mother is in prison, Grandmother requires an order granting her temporary physical and legal custody of Harlan so that she can direct said treatment. 16. Moreover, Grandmother is concerned that Stepfather may attempt to assume custody of Harlan while Mother is in prison and, given the fact that Stepfather is a convicted drug dealer and was the defendant in a PF A action commenced by Mother, believes that Stepfather poses a danger to Harlan. , 11 ~-'"' .-,~ a_-=~W"__ tt -~ tll' r.e, ....,~ri 17. PaRC.P. 1915.13 provides, inter alia, as follows: At any time after commencement ofthe action, the court may on application or its own motion grant appropriate interim or special relief. The relief may include but is not limited to the award of temporary custody, partial custody or visitation ... WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an order granting her majority physical and legal custody of Harlan A. Pealer pending further order of court. Respectfully submitted, 7 /~~o t' I Donald T. Kissinger, Esquir HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut StreetJP.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Patricia G. Mangan " Date: ;.~__V-.',~~. ._ ~ i -_=a__......_~,.-_...~~@,<, VERIFICATION I, Patricia G. Mangan, hereby swear and affirm that the facts contained in the foregoing Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13 are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.s. 94904 relating to unsworn falsification to authorities. Date: '7-;Z1-,;J~ ~U~ A'~"'gh-J Patricia G. Mangan ,-1J~E'i~"'~-'- ~..... "~'- " "~ , . Ii! ~ ~ v- ~f:!i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA G. MANGAN, Plaintiff v. ) ) ) ) ) ) ) NO. SANDRA 1. PEALER SAWYERS, Defendant CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Patricia G. Mangan, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition for Special Relief Pursuant to 1915.13 was served upon Sandra 1. Pealers Sawyers, Defendant, by depositing same in the United States mail, first class, on July 21, 2000, to the following address: Date: rr Sandra 1. Pealer Sawyers Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 ~~ Donald T. Kissinger, sq . HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street/P.O. Box 810 Harrisburg, P A 171 08 Telephone: (717) 234-2616 Counsel for Plaintiff Patricia G. Mangan ;,,; ). ""' '",,"'" .1' "Ii' . PATRICIA G. MANGAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. SANDRA L. PEALER SAWYERS 00-5151 CML ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 27th day of July ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 21st day of August ,2000, 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 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. FOR THE COURT, By: Isl 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 - ~ "--,- . -, ", " "~ ~ '0 -~r' ~'"," ,.." '-"'.".'-H'"_ ,'::)T,\f"iY 1111 ,-,:) pn :~ lU ...J -~J <. _"_ 'J' ~r~ C' ,J..... -.', I' "'1'( ('li'" '-I:::"~-''':" .,-;<' .' t)....);....d\J J ,,'~ ...1,.. -' '- ...~ I . pFNf\!SYLV,\\!u; ~ 7.~.~ W. ~~ -t; 4 ~ /-~'OtJ ~1f~ /t-<~ ~ ~ )-da<='Ot:7 ,~ ~ z; 4~ . ~ ~'_ ",~~J1I ,. ~ _,~=~"-",!_,~l 7 ", ~~"".. ",",' ~ ~ 'h ,~ . ,~ ~.~ . -.--,' -, jJ-' '. 'iWi(i, > IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PATRICIA G. MANGAN, Plaintiff v. ) ) ) ) ) ) ) NO. (}O. 5'IS{ CWu. lA--o SANDRA L. PEALER SAWYERS, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, ,2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at Pennsylvania, on the day of , 2000, at o'clock _.m. 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. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 Telephone: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. '!c""~'.~"'~"'- - ~ ' - _,~ OJ- '_~OIinoiIlIlll ~'--~~-_-.~l;1i, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA G. MANGAN, Plaintiff v. ) ) ) ) ) ) ) NO. Cro- sin ~ .~ SANDRA L. PEALER SAWYERS, Defendant CNIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY AND NOW, Plaintiff Patricia G. Mangan, by and through her attorney, Howett, Kissinger & Conley, P.C., files a Complaint for Custody and, in support thereof, states as follows: 1. Plaintiff is Patricia G. Mangan (hereinafter referred to as "Grandmother"), who currently resides at 130 White Birch Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Sandra L. Pealer Sawyers (hereinafter referred to as "Mother"), who currently resides at 3808 Vine Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3808 Vine Street is a private residence titled solely in Grandmother's name and subject to Grandmother's control. However, Mother is currently incarcerated in the Cumberland County Prison. 3. Plaintiff seeks majority legal and physical custody of the following child: ~ Present Address Date of Birth Harlan A. Pealer 130 White Birch Lane July 14, 1990 Mechanicsburg, P A 17055 The child was born out of wedlock. i_;,~,'J.M!a"lru~jt,_"'''''''~ -il;- ~."~. - - ~ ". -I -I j.lJih_iW - ~'''''__l~;/--~ 'llt" The child is presently in the custody of Grandmother who currently resides at 130 White Birch Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. During the past five years, the child has resided with the following persons and at the following addresses: Persons Grandmother Mother Grandmother Mother and Duran Alvis Sawyers Mother Grandmother and Mother Addresses Dates 130 White Birch Lane July 20, 2000 Mechanicsburg, P A 17055 to present 3808 Vine Street June 5, 2000 Camp Hill, PA 17011 to July 20, 2000 130 White Birch Lane May 16, 2000 Mechanicsburg, P A 17055 to June 5, 2000 3808 Vine Street May 1999 to Camp Hill, PA 17011 May 16, 2000 3808 Vine Street March 1997 Camp Hill, P A 17011 to May 1999 239 Wood Street April 1995 Camp Hill, PA 17011 to March 1997 The mother of the child is Sandra L. Pealer Sawyers who currently resides at 3808 Vine Street, Camp Hill, Pennsylvania, 17011. She is married. The father of the child is unknown 4. The relationship of Plaintiff to the child is that of mate mal grandmother. Plaintiff currently resides with the following persons: Names Roger B. Neely Relationshio Companion Katherine A. Wedig Plaintiffs Mother ><.""""",,,~ llj; i<J~~t.u~'. ~ ,~. - " ~, ~ ~".L. ,- .wr-~~~ ~~--""',~~-~ "'~;- > 5. The relationship of the Defendant to the child is that of natural mother. Mother currently resides with the following persons: Name Relationship Duran Alvis Sawyers Husband 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody ofthe child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court ofthis Commonwealth. Plaintiff 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. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because Mother is currently unable to appropriately care for the child and leaving the child in Mother's custody exposes the child to physical risk, and accordingly, granting Grandmother majority physical and legal custody of the child is in the child's best interests and permanent welfare. 8. 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. WHEREFORE, Plaintiff Patricia G. Mangan, respectfully requests that this Honorable Court enter an Order granting her majority physical and legal custody of the minor child. Respectfully submitted, ~ Donald T. ssmger., uire HOWETT, KISSINGER & 0 130 Walnut Street/P.O. Box 8 0 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Patricia G. Mangan " Date: ~~ -~~...,. _"",,N~ r'''- 'T-]! 1l~, VERIFICATION I, Patricia G. Mangan, hereby swear and affirm that the facts contained in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: 7:.J I-..:;J a;:JO ~Lr'q Patricia G. Mangan ~ .~ ~ ~uu.i Jij o -. '"'.~ ~,~ ~ .._-,>"..,;,."",,,,~,,,-",,,,,,,,,,-~.~~ '~?:rr,.' -' ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA G. MANGAN, Plaintiff v. SANDRA L. PEALER SAWYERS, Defendant ) ) ) ) ) ) ) NO. 00-5151 CNIL TERM CNIL ACTION - LAW CUSTODY AFFIDAVIT OF SERVICE I, Thomas E. Taylor, being duly sworn according to law, depose and say that I am a competent adult; that I served a true and correct copy of the Order of July 21, 2000 signed by the Honorable J. Wesley Oler with the attached Petition for Special Relief Pursuant to Pa.R.c.p. 1915.13 on Sandra L. Pealer Sawyers on the 27th day of July, 2000. SWORN to and subscribed before me this 27th day of July, 2000. D~~ ,~,~A\ Not Public ~~ f'.4- J'b(l....vl>-t) oN' I!fvl2-f/)fI,,/ / 07- ;)7- 00 AI (J :~S;:Jf1 / / 6 'J1.{F-. a..Mi!>~ &fllVfL; Pt2,}o;J, --f.Z;r: ,,!ii''''' ~ ,,' ~., oj , PATRICIA G. MANGAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-5151 CIVIL ACTION LAW SANDRA PEALER SAWYERS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 25, 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 Monday, October 28, 2002 at 10:30 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 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 couciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Melissa P. Gree'QJl. 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 HA VB 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 "" '~"'!!':". ~. _..,'~'~ ~-'~~' -, , ~. ,- ,.", ,-, - - '=,,,- ,- FILED-OfFICE OF PROTHONOTARY 02 SEP 27 Prl 3: 31; CUMBEFiLAND COUNTY PENNSYLVANIA (ld7o~ &d. ~ ~ ;t:; aJf >(.s;. tf.,).).o,;) 'J1P~ #led4/ ;t 4- ~ tJ.().")oo;;> ~ ~ ~ a/f ~ ._, '''~''O_._~__,_< _~_~"'_~~.'O'C'~""~'" .~;_ 1!!IL~ . ~"",,___~_~_,.~~"''1'l!Il.!\'i''1it~~--JeI,,!_!<~~!ffi:'mH''-",~~ ; . . , PATRICIA G. MANGAN, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF r^ : CUMBERLAND COUNTY, PENNSYL VANIA vs. SANDRA PEALER SAWYERS, DefendantlPetitioner : NO. 00-5151 CNIL TERM : CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the _ day of ,2002, at _ .m., 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 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. By the Court, Date: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, P A 17013 (717) 249-3166 OR (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. '--""';;' ""''';''11 ,.,,'.-.j .. PATRICIA G. MANGAN, Plaintiff! Respondent :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA v. SANDRA PEALER SAWYERS, Defendant! Petitioner :NO.00-5151 CIVIL TERM : CUSTODY PETITION FOR MODIFICATION Petitioner, Sandra Pealer Sawyers, by and through her counsel, Joan Carey ofMidPenn Legal Services, states the following: 1. Petitioner is the above-named Defendant, hereinafter referred to as the mother, who currently resides at 608 Woodview Terrace, Uniontown, Fayette County Pennsylvania. 2. Respondent is the above-named Plaintiff, Patricia G. Mangan, hereinafter referred to as the grandmother, who resides at 130 White Birch Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The above-named petitioner is the natural mother of Harlan A. Pealer, born July 14, 1990 and the above-named respondent is the maternal grandmother of Harlan A. Pealer. 4. A custody order was entered on October 8, 2001, which in pertinent part, granted the mother shared legal custody and a schedule of visitation or partial physical custody each four to six weeks or as the parties may agree. It was further ordered that the mother's custodial periods include two- or three-day weekends or another extended periods during school breaks. The mother's visits were to be unsupervised if she could obtain "the drug and alcohol assessment regarding the status of her recovery, sobriety and the ability to have unsupervised partial custody weekends or holidays and school breaks." A copy ofthe order is attached and incorporated herein by reference. 5. The mother wishes to modify the October 8, 2001 custody order for reasons including the following: a). For months, the mother has been trying to obtain a report that includes all the necessary information so that she can have unsupervised periods of custody, but she has met with significant obstacles including the following: I. The drug and alcohol assessor made it clear that the report that is ordered to be written is not within his job description so he could not ~~ - -. -,-- ~'~ 'iii', ,- provide such a document. He did however provide a written report indicating that she needs no further recommended treatment. 2. The mother's therapist verified attendance at therapy but said she could give no further information since an evaluation of ability to have unsupervised visits was not a goal ofthe therapy. b). The mother who had been the primary caregiver of her son has complied with the spirit of the order by having a drug and alcohol evaluation and by seeking therapy. She has provided suitable housing for herself and her son in a two-bedroom apartment, and the child's counselor has said that the child wants to be with his mother. The mother was willing to cooperate with her regarding having Harlan for extended periods oftime in the summer, but for reasons already stated, the mother could not get documents requested by the counselor. c). The mother came to Cumberland County for a month during the summer, hoping to arrange extended time with Harlan, and she said that the friend, Jeannette Corbin, with whom she stayed, had agreed to be with her during Harlan's visits. The grandmother knew and approved of Ms. Corbin in the past, but now the grandmother refused to accept this arrangement, unreasonably limiting the time Harlan could spend with his mother. 6. The grandmother is not acting in the child's best interests for reasons including the following: a). The child had established a bond with his mother, and the grandmother's acts are alienating the child from his mother. The child's best interests will not be served ifhe is further prevented from enjoying the normal parent/child relationship he once had with his mother. b). The mother came to the Harrisburg area this summer to maximize time with her child, and in spite of the Court Order that grants the mother shared legal custody, the grandmother took the child to Arizona during this time, without consulting the mother or making her aware of these plans. c). Additionally, the grandmother has alienated the child from his mother by not speaking to the child when he spends time with his mother and by not speaking to anyone in the household when her husband recommends that the mother should have custody of the child. _ ", C'~'_'.' c, "'-'...,-,"'c,"'" ''-''.;e.' ," -- ,-'-'~i .- 7. The mother requests that the Court modifY its order of October 8, 2001, and grant her periods of unsupervised partial custody, increasing to primary custody within six months. WHEREFORE, Petitioner respectfully requests that the court schedule a conciliation conference and modifY the Custody Order to grant her periods of unsupervised partial custody, increasing to primary custody within six months. Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, ~' Attorney for Defendant/Petitioner 8 Irwine Row Carlisle, PA 17013 -, -""-- VERIFICATION I verifY that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition for Modification are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penal~iJ~ of 18 Pa.C.S. 94904, relat~. g;;, to unsworn. falsi~.c.a~. Dated: V f)-OJ. Jd-Mdw ~ " Sandra Pealer, Petitioner -.;,'~,~'~ .~~, ":'~'~~i~ji~tj;.~;l!i'"='~~'Il.n~"" -:-..., ~alJ'lff'Jl:l~_~:-".mr ~~1* ~ .c:::> 'C:S .c'>oI cO ~ 0- W en Wif At;~ g s:: "O,'V mf1 ~S; r":;c, :..-.::"- ~C~, ...::." ,-" >C~ ~ -""""'Ml ~l_ "','" 'I II I , o 1',.,) U) ''1 --0 N o o -'n ..~ ..~ -1,:D ,. ~r"frT1 iC.y :')C1 (5:IJ --__",0 "5m ~ "c- :0 -< 4;J :cr.: :.n ;" ,~ ~". I' ~ " . " PATRICIA G. MANGAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2000-5151 SANDRA PEALER SAWYERS, Defendant : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE BY MAlL I,...u \,)f\f\~" 'ilf r IT\Clf\" JI\\IUtD do hereby swear that I served D~r\{\ IN \::. i ~"i ; f\JID r f~(j.ui...ci, with a Petition for Modification under Rule 440(b) of ~- , 1\ the Pennsylvania Rules of Civil Procedure on the L day of l){ t () h~ r , 2002, by mail to the person and address below: \Jc\f\(\I~ Ki~~;r--~r ,.("~\Iirt' IsCl \1:)(\.\1'\\1+ S1. \> C\.I\I:l'l. ~1<J -U(\(r;,"bIlJ~ ,~--l4 II \()'b I, -\10. 1'\f'.(I. \-.-A.ll?N'\(\ 1'\ - ";\ "''11:1 -l> or , verify that the statements made (Name of person who mailed the complaint) in this Affidavit of Service 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: tl (t Cl M r lt J.C\\:l;J I Signature: ~(\ 1\ f\ i\ t-. ~ \In ~ 1\.1\ . .~ ~ .. '- .~., '""",,;.','''!>'''',, ',"'''.",' .".. - . >~i.;_' '~; ,,- r () <::;) 0 c: N -n ;;:: <::;) '... -OeD c..., rii:1J r11m -I 2:r::'1 r- I -'-1m Zl.... .t::"" :DC? o:~:,~ :d(~J r:C~' :< j " :;c::p, ~G :Jg; :)['5 '=0 w Orn )>c: " --, Z ~ _J -< 0:> ". --~ -. l$il,; " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , PATRICIA G. MANGAN-NEELY, ) PlaintifflRespondent ) ) ) ) ) ) NO. 00-5151 v. SANDRA PEALER SAWYERS, DefendantlPetitioner CIVIL ACTION - LAW IN CUSTODY RESPONSE TO PETITION FOR MODIFICATION AND NOW comes PlaintifflRespondent, Patricia G. Mangan-Neely, by and through her counsel, Howett, Kissinger & Conley, P.C., who respectfully sets forth the following in response to the Petition for Modification: 1. Admitted. 2. Admitted. 3. Admitted. 4. The October 8, 2001 custody order speaks for itself. No copy of said order was attached to the service copy of the petition received by the undersigned. Moreover, it is averred that the October 8,2001 order followed conciliation conference in which the parties specifically mapped out numerous steps required of Petitioner prior to the resumption of any unsupervised custody with the minor child. Said steps were necessitated by grossly aberrant behaviors exhibited by Petitioner in prior unsupervised contact with the child which behaviors were exhibited while Petitioner was under the influence of alcohol and/or drugs and which behaviors caused the minor child significant emotional distress. It was understood and agreed that Petitioner would have a support system of drug and alcohol counselor and psychological counselor confer, and when those two professionals agreed that she was prepared to commence unsupervised visits with the child such concurrence would be communicated to the child's - -~ iI'<~J",">'j<<~, therapist, Anthea Stebbins to reach consensus that Petitioner remains sober and would not duplicate the prior extremely detrimental behaviors while engaging in unsupervised custody of the chim. Apparently, Petitioner did not engage in active drug and alcohol counseling or active psychological counseling, and therefore the necessary concurrence of Petitioner's therapists and Ms. Stebbins did not occur so as to clear transition to unsupervised contact with the child. Petitioner submitted a one-page drug and alcohol agency report which purports to find that Petitioner, an alcoholic and addict for literally decades, was not in need of any continuing drug and alcohol counseling or therapy. Said report was based on the verbal representations of Petitioner who obviously did not advise the evaluator of, inter alia, a relapse which occurred in early 2002. Sea). Respondent neither admits nor denies that Petitioner has utilized her best efforts in attempting to obtain a report including all necessary information to permit unsupervised custody periods, and specific proof thereof is demanded. 1. It is admitted that the drug and alcohol evaluator did not provide any comprehensive written documents which would provide the necessary guidance as to the current state of Petitioner's recovery from addiction, and it is averred that the written report provided is of absolutely no use whatsoever in these proceedings and is obviously based upon false and/or misleading information provided to the evaluator by Petitioner. 2. Petitioner had ample opportunity to undergo a course oftherapy designed to secure an opinion as to her competency to conduct unsupervised visits with the minor child and she obviously elected not to do so. It is apparent that Petitioner also failed to 2 ," - 1lI!lu, , continue to undergo regular therapy notwithstanding her dual diagnosis and the clear contemplation by the order that she would do so as a condition to unsupervised custody. (b) It is specifically denied that Petitioner has complied with the spirit of the order, and specific proof thereof is demanded at hearing. It is specifically denied that Petitioner has provided snitable housing for herself and her son alone, and it is averred that mother was engaged in an abusive cohabitive relationship at said proposed residence. It is admitted that the child desires to conduct visits with his mother, and it is averred that the child is disappointed that the Petitioner apparently has failed to actively pursue the necessary continuing counseling to permit unsupervised visits to commence. It is averred that as of the date ofthis response Petitioner has refused to return phone messages left by the child and has had no contact whatsoever with the child since August 24, 2002. During the time period that Petitioner was presumed to be devoting her full attention to improving her circumstances to facilitate resumption of unsupervised contact, Petitioner was not working nor attending school but still was unable to fmd the time or energy to participate in the dual therapies to achieve the goal of unsupervised visits with the child. Instead, she was arrested and incarcerated for approximately six (6) weeks during the winter of2001-2002 on charges on non appearance at a court hearing regarding the theft of an automobile, pleaded guilty to a lesser charge, was sentenced and released on supervised probation in January 2002. (c) It is admitted that Petitioner came to Dauphin County during the summer 2002. The friend with whom Petitioner was staying was the same individual that Petitioner was allegedly staying with at the time of the very disturbing activities leading to the current supervision requirement, and therefore Respondent properly refused to accept that friend 3 " -j!(:t. '. as a supervisor. Moreover, Petitioner's arrival in the area this summer coincided with the conviction, sentencing and incarceration of her romantic interest Vemon B. Crable in the Camp Hill State Correctional Facility. Petitioner arrived without prior notice to Respondent or the child, and Respondent facilitated and supervised all visits between Petitioner and the child and paid the expenses.associated with said visits throughout the period after July 16, 2002 and through August 24, 2002. The stay was apparently cut short when the friend Ms. Corbin asked Petitioner to find another place to stay due to a dispute in that household, and Petitioner asked Respondent to provide bus fare to permit her to retum to her Uniontown residence. Petitioner has made no efforts whatsoever to contact Respondent or the child since a brief meeting on August 24, 2002 at which time the bus fare was delivered. 6. It is vehemently denied that Respondent is not acting in the child's best interest. To the contrary, Respondent has attempted to make enlightened decisions referenced to the existing court order and based upon recommendations of the child's therapist in an effort to promote continuing contact between Petitioner and the minor child. (a) It is specifically denied that Respondent is alienating the child from Petitioner. To the contrary, Respondent has consistently provided transportation for and supervision for visits between Respondent and the child at the same time, Respondent has facilitated therapy for the child to assist him in dealing with traumatic past events involving Petitioner, provided tutoring to assist him in achieving educational success, and provided nurturing and supportive family environment including actively participating in curricular academics and extracurricular activities in a custodial role. 4 ~ , , . ,~+ (b) It is admitted that Respondent, after careful consideration and consultation with counsel, elected to take the child to Arizona for a family wedding without providing precise details to Petitioner. Respondent had previously advised Petitioner that a "family vacation" would probably occur in August, and in fact, Respondent's family and the child flew to Arizona to attend the wedding of Petitioner's brother. Petitioner was not informed of the trip in advance due to past incidents during Respondent's vacations when Petitioner had entered Respondent's residence unauthorized and removed property. Episodes of missing property continued with local visits in ~anuary and even as late as the local visits in July. Immediately upon Respondent's return to the area within days ofthe wedding, Respondent directed the child (who had traveled separately) to contact Petitioner by phone, and the child again contacted Petitioner by phone immediately upon his return to the area. (c) It is specifically denied that Respondent in any way discourages the child to spend time with Petitioner and it is further denied that anyone in Respondent's household "recommends" that Petitioner have custody of the child. On the other hand, Petitioner has on several occasions verbally battered the child into tears with threats of "disowning" the child after the child has expressed his desire to continue to live with his grandparents. Under the circumstances, and based upon consultation with counsel and the child's therapist, Respondent has refused to place the child at risk by simply ignoring the spirit and letter of the existing custody order. Respondent believes and therefore avers that unsupervised custody should be preceded by the recommendations of unbiased expert drug and alcohol evaluators and psychological counselors. 5 "j '. : 7. The averments in paragraph 7 constitute a request for relief to which no response is required. WHEREFORE, Respondent respectfully requests that the Court construct an appropriate evaluative scheme to ensure that Petitioner is prepared to commence periods of unsupervised partial custody, and that supervised partial custody be continued pending Petitioner's full compliance with all elements of any such evaluative scheme. Date: /~/; (o-z. Donald T. Kissinger, re HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, P A 171 08 Telephone: (717) 234-2616 Counsel for Plaintiff/Respondent Patricia G. Mangan-Neely 6 ," ~ ~" ~- , ..Ll_1l$.' " : , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA G. MANGAN-NEELY, ) PlaintifflRespondent ) ) ) ) ) ) NO. 00-5151 v. SANDRA PEALER SAWYERS, Defendant/Petitioner CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Patricia G. Mangan-Neely, PlaintifflRespondent in the above-captioned action, hereby certify that a true and correct copy of the foregoing Response to Petition for Modification was served upon Joan E. Carey, Esquire, counsel for DefendantJRespondent, by depositing same in the United States mail, first class, on October 17, 2002, addressed as follows: Joan E. Carey, Esquire 8 Irvine Row Carlisle, P A 17013 Date: /CJ~7~-Z I / ~-P~~ Donald T. Kissinger, Esquir HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, P A 171 08 Telephone: 717-234-2616 Counsel for PlaintifflRespondent Patricia G. Mangan-Neely -" ~ ~ --'. ...' :h..:: VERIFICATION I, Patricia G. Mangan, hereby swear and affirm that the facts contained in the foregoing Response to Petition for Modification are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Date: 10/17/02 ~,;~-6'<r ~ Patricia G. Mangan ...."................'" ~~t<l'~.tf;~';ltiiii:~'t~~,~~Iil<~I*,Iilfu<.J!i\!f<;:.'l;::""1*'_i,:);~li;'*:i""""',jffi;~~aaliil@J~~~- ~~i!il~I~~~~iliRh" .......J r-,-, S~. (/), ~' r-:;:. ~":; ~:-:._ i-'" :t:f~ ~:j -~ .. ,. '^- co., () ,': ~,...,) ::J ''') -I -'I'"~ 'I-=-''': , ~=g eX:> ,.~': c::) " ~'':J c.,j " -" () :..=-}rn :::;.i SJ -< '4 " .l .> , MAY 07 Z003'~ PATRICIA G. MANGAN (NEELY), Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5151 CIVIL TERM v. CIVIL ACTION - LAW SANDRA PEALER SAWYERS, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 5th day of May, 2003, there having been no additional request for Custody Conciliation since the continuance of the December 3, 2002 Conciliation Conference, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. Upon proper petition the matter may be referred for a new Conciliation date. sa Peel Greevy, Esquire Custody Conciliator Dis!: Donald T. Kissinger, Esquire, 130 Walnut Street, PO Box 810, Harrisburg, PA 17108 Joan E. Carey, Esquire, 8 Irvine Row, Carlisle, PA 17013 :213029 -" - ~_~~I~~Oj~*,,"""~~ . '''''Itl , - """.1 iJ i' --~ 0 0 0 C W -'-1 S- :x -oa',' :;:;::;1:1 mrT~ ...., :n Z~; z~; I JJ ~2 CO kC "i ~-;J 'J> ~, ."'0 (i) zi... ~i~ Co )>c Y? z r::- ~ ~.D -< " j =.,