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HomeMy WebLinkAbout07-4012 KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff DARRYL ANDERSON, Plaintiff v. EVIE ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY CUSTODY COMPLAINT 1. Plaintiff is DARRYL ANDERSON who currently resides at 407 Hillside Road, New Cumberland, Cumberland County, PA 17070. 2. Defendant is EVIE ANDERSON, who currently resides at 407 Hillside Road, New Cumberland, PA 17070, but who sometimes stays at an undisclosed location. 3. Plaintiff seeks sole legal and physical custody of the parties' child,, VIENNE ANDERSON, born 11/26/04 (age 3). 4. The child has resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS DATE motherjfather see paragraph #1 above date of birth - current 6. The relationship of the Plaintiff to .the child is that of the natural father. He is married to Defendant. 7. The relationship of the Defendant to the child is that of the natural mother. She is married to Plaintiff and resides in the marital home, but spends some evenings elsewhere. 8. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this 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. 9. The best interest and permanent welfare of the child will be served by granting Plaintiff sole legal and physical custody as Mother is suffering from extremely serious psychiatric and substance abuse issues (as more particularly described in the emergency petition which is being filed concurrently with this Complaint) and is, at this time, unable to care for the child. 10. Each parent whose parental rights to the child has not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant him sole physical and legal custody of the subject child. DATE: 7/2/07 KENN TH F. LE IS, ESQUIRE Attorney for Plaintiff VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated : ~ l~ O~ DARRYL ANDERSON ` J ~ "~.. 1 s W ~ U1 In ~ c~ ~~a G C') ~ Q ~. ~ ~ -t ~"y~ +~r} ~~ c_._ ~~ -n :... r~~ ~.. ~.._. ~ _ ~ _ t n -r, r_7 ~~ ~ ~-~ ~ ~' .~. f~ _ ~~ ~,~ KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff DARRYL ANDERSON, . Petitioner/Plaintiff v. EVIE ANDERSON, . Respondent/Defendant IN THE COURT OF COMMON PLEAS OF CUMBE/R~LAND COUNTY, PENNSYLVANIA No. 0 /-~DIZ CIVIL ACTION - LAW CUSTODY PLAINTIFF'S EMERGENCY PETITION FOR SOLE LEGAL AND PHYSICAL CUSTODY PENDING CUSTODY CONCILIATION 1. The Petitioner is DARRYL ANDERSON, the Plaintiff in this custody matter (hereafter "FATHER"). 2. The Respondent is EVIE ANDERSON, the Defendant in this custody matter (hereafter "MOTHER"). 3. The parties are the natural parents of one child, VIENNE ANDERSON, born 11/26/04 (age 3). 4. There is no current custody Order. A custody Complaint has been filed concurrently with this Petition. 5. Mother has been suffering from extremely serious, long-standing alcohol & psychiatric issues that are now intensifying. 6. On or about June 13, 2007, Mother was involuntarily committed to Holy Spirit Hospital (then to PhilHaven the following day). She remained in PhilHaven until on or about June 22, 2007. 7. This stay was prompted when Father left the marital home for approximately two hours for work and returned home to find Mother highly intoxicated and bleeding. She was caring for the child at that time. 8. In May of 2007, Mother was treated in-patient at White Deer Run for three weeks under the dual diagnosis of alcohol abuse and depression. 9. In March of 2007, Mother threatened to kill herself and was taken to Holy Spirit Hospital, where she spent one week in the behavioral health ward. 10. Mother has unsuccessfully tried various treatments other than in-patient (intensive out-patient programs, AA meetings, etc.), but has been in a downward spiral since the winter of 2006- 2007. 11. While in PhilHaven in June of 2007, Mother met another patient who was being treated "in-patient." Father has been told his treatment was for depression, but does not know anything about the gentleman. 12. Mother has been spending some nights with the gentleman and recently took the child, against Father's wishes, to spend the night with the gentleman. 13. Mother has shown repeatedly she is unable to care for the child or to stay sober while trying to care for the child. 14. Mother is now placing the child (and herself) in the risky situation of spending overnights with a man she just met a few weeks ago in a mental facility. 15. Father has legitimate concerns that Mother, unable to care for the child, will nonetheless flee with the child and/or continue to place the child in other dangerous situations. WHEREFORE, Father requests that he be granted sole legal and physical custody of the child pending the custody conciliation. Respectfully submitted, DATE: 7/2/07 KENN TH F. WIS, ESQUIRE Att ney for Petitioner/Plaintiff 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated : 1 Z Q / '`~i L~~_R 1 DARRYL ANDERSON CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the Emergency Petition to EVIE ANDERSON by mailing same to 407 Hillside Road, New Cumberland, PA 17070. DATED: 7/3/07 'ma'r , KENN TH LEWIS, ESQUIRE Attorney for Defendant ' am ~ ~ ? c .-7 . =`~`l i " .,:x~'' ~. ; ~1 .c, - ~y_ tr ~ ~ v ~` cnn..oa~oaP~ DARRYL ANDERSON, IN THE COURT OF COMMON PLEAS OF Petitioner/Plaintiff CUMBERLJA~,ND COUNTY, PENNSYLVANIA v. NO. ~-~7 ~~~ CIVIL ACTION - LAW EVIE ANDERSON, Respondent/Defendant CUSTODY ORDER OF COURT AND NOW, this day of July, 2007, upon consideration of Plaintiff's Emergency Petition, it is ORDERED: 1. DARRYL ANDERSON shall have physical custody of VIENNE ANDERSON (born 11/26/04) pending a custody conciliatio ~~ ~ ~~~- 2. EVIE~ANDERSON s'~~~o--p~e~~~~ supervised J visits pending the custody conciliation. 3. Neither party shall consume or be under the effects of any alcoholic beverages nor take any illegal substances during any periods of physical custody with the child. 4. This Order-s}-h~a,,ll remain in effect until further Order of Court r~.~ 1 ' " "` 1.~1/l~~ ~~~1 ~~~- ) ,~ ,~~. ~~ ISTRIBUTION• Ken~e~h "i4. Lewis, Esq. , 1101 N. F ~ie Anderson 407 Hillside Road, x F-- ~C .= _, `~- ~~_~ -z. s ~ ~ t ' '3 ~1L7~- ~ ~ -~ J~ i{s a -:1 i2 k © ~ ~ ~ DARRYL ANDERSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. EVIE ANDERSON DEFENDANT • 07-4012 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, July O5, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Suuday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, August 07, 2007 at 10:30 AM for aPre-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 prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda 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. 1F 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 ~~ ~~ ~d 6- i~1~ t~QZ r~~l'~`lUid;~~r~.!~'~c{ 31-1. ~ DARRYL ANDERSON CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-4012 CIVIL ACTION LAW EVIE ANDERSON Defendant IN CUSTODY ORDER OF COURT AND NOW, this 17~ day of 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Darryl Anderson, and the Mother, Evie Anderson, shall have shared legal custody of Vienne Anderson, born November 26, 2004. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. Pending an additional conciliation conference if requested by the Mother and further Order of Court or agreement of the parties, the Father shall have primary physical custody of the Child and the Mother shall have supervised periods of visitation with the Child as arranged by agreement between the parties. 3. Neither party shall take any illegal substances, consume alcohol or be under the influence of alcohol during periods of custody with the Child. 4. An additional custody conciliation conference shall be scheduled in the event of a request filed by the Mother for review of the custodial arrangements. 5. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY Edward E. Guido J. cc: Kenneth F. Lewis, Esquire -Counsel for Father Evie Anderson, Mother ,~,~ ~,,~,~-~( F~a% ~ 4 t1~ '! ~M~ 4 ~ ;~ti~ i4~~~ AUG 13 ZOO A'`~ DARRYL ANDERSON Plaintiff vs. EVIE ANDERSON Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-4012 CIVIL ACTION LAW IN 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 Vienne Anderson November 26, 2004 Father 2. A custody conciliation conference was held on August 7, 2007, with the following individuals in attendance: the Father, Darryl Anderson, with his counsel, Kenneth F. Lewis, Esquire. The Mother, Evie Anderson, who is currently receiving inpatient care, is not represented by counsel and did not attend the conference. 3. This Court previously entered an Order in this matter on July 3, 2007 on the Father's Emergency Petition for Custody granting the Father temporary physical custody of the Child pending the conciliation conference. 4. The Father's counsel confirmed that the Mother was served with notice of the conciliation conference. According to the Father, the Mother is currently a patient at the Pyramid Health Care Rehabilitation Center in Altoona where she is receiving treatment following a series of prior hospitalizations and inpatient rehabilitation. Also according to the Father, no specific date has been scheduled for the Mother's discharge. 5. Based upon representations made by the Father and his counsel at the conciliation conference and the fact that the Mother is unavailable to participate in the Child's care at this time, the Conciliator recommends an Order. in the form as attached, essentially extending the Court's prior temporary Order. f 4v ~~-n ~- °f ~ yc~"7 Date- Dawn S. Sunday, Esquire Custody Conciliator