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HomeMy WebLinkAbout03-4122FRANCES M. ANGELOFF, Plaintiff VS. DAN1EL J. EYLER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :No. : CIVIL ACTION - AT LAW : CUSTODY COMPI,AINT IN CUSTODY AND NOW, the Plaintiff, Frances J. Angeloff, by and through her attorney, Jeann~ B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. The Plaintiff, Frances J. Angeloff, is an adult individual who currently resides at 401 Boyer Street, Summerdale, Cumberland County, Pennsylvania 17093. 2. The Defendant, Daniel J. Eyler, is an adult individual who is believed to reside at 28 Wooded Run Drive, Dillsburg, York County, Pennsylvania. 3. The Plaintiff seeks primary physical custody of the following child: Name Present Residence Age Dallas Michael Eyler 401 Boyer Street 7 Summerdale, PA 17093 DOB 5/10/96 The child was bom out of wedlock. The child is presently in the custody of his maternal grandmother whose current Boyer Street, Summerdale, Cumberland County, Pennsylvania address is 401 17093. Since birth, the child resided with the following persons and at the following addresses: Frances Angeloff Selena Angeloff Selena Angeloff Frances Angeloff Addre~a 401 Boyer Street Summerdale, PA 17093 407 4th Street Summerdale, PA 17093 401 Boyer Street Summerdale, PA 17093 8/14/03 to present 6/00 to 8/14/03 1998-6/00 The mother of the child is Selena Angeloff, deceased as of August 14, 2003. The father of the child is Daniel J. Eyler, believed to reside at 28 Wooded Run Drive, Dillsburg, York County, Pennsylvania. Plaintiff, Frances Angeloff, is the matemal grandmother of the child, and is currently residing at 401 Boyer Street, Summerdale, PA 17093. 4. The relationship of the Plaintiffto the child is that of natural maternal grandmother. 5. The relationship of the Defendant to the child is that of natural father. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child. 8. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the matemal grandmother of the child and has established a very close bond with the child; (b) The child desires to reside with Plaimiff; (c) Defendant is incapable of emotionally or financially providing for the child; (d) Defendant is abusive towards the child and should not be permitted unsupervised visitation with the child. 9. 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. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests that she be granted primary physical custody of the child subject to periods of supervised visitation with Defendant. Respectfully submitted, Je oulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 FRANCES M. ANGELOFF, Plaintiff VS. DANIEL J. EYLER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CIVIL ACTION - AT LAW : CUSTODY VERIFICATION I, Frances M. Angeloff, hereby verify that the statements made in the foregoing Custody Complaint are tree and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. FRANCES M. ANGEEOFF~/_~ FRANCES M. ANGELOFF PLAINTIFF V. DANIEL J. EYLER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'I~', PENNSYLVANIA : 03-4122 CIVIL ACTION LAW : : IN CUSTODY ORDER OFCOURT AND NOW, Thursday, August 28, 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, September 23, 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 def'me 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. 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 ItAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TftE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Permsylvania 17013 Telephone (717) 249-3166 FRANCES M. ANGELOFF, Plaintiff VS. DANIEL J. EYLER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :No. : : CIVIL ACTION - AT LAW : CUSTODY PETITION FOR EMERGENCY REI,IEF - REQIJEgT FOR ORDER FOR TEMPORARY PRIMARY PHY,~ICAI, CII~TODY AND NOW, comes the Plaintiff, Frances M. Angeloff, by and through her attorney, Jeann6 B. Costopoulos, Esquire, and respectfully avers the following in support of this Petition for Emergency Relief: 1. The Plaintiff, Frances J. Angeloff, is an adult individual who currently resides at 401 Boyer Street, Summerdale, Cumberland County, Pennsylvania 17093. 2. The Defendant, Daniel J. Eyler, is an adult individual who is believed to reside at 28 Wooded Run Drive, Dillsburg, York County, Pennsylvania. 3. Simultaneously with this Petition, Plaintiff has filed a Complaint in Custody seeking custody of her deceased daughter's son, Dallas Michael Eyler, born May 10, 1996. Said Complaint is incorporated herein by reference as though fully set forth. 4. Defendant had no contact with either the child or the child's mother since the child was a toddler. After over three years without any contact of support from Defendant, in December of 2002 the child's mother, Selena Angeloff, located Defendant in Chambersburg and made an effort to establish some sort of relationship between father and son by taking the child to occasionally visit his father. 5. In January of 2003, Defendant was injured after failing from a roof. The child's mother researched nursing homes or the like in an effort to assist Defendant after his accident, but after no luck permitted Defendant to temporarily stay at her residence for approximately six weeks after his release from the hospital. 6. Defendant was physically abusive towards the child and the child's mother, so he was shortly ejected from the home. 7. On August 14, 2003, the child's mother, Selena Angeloff, died suddenly following an asthmatic attack related to an ailergy shot. 8. Next to the child's mother, Selena Angeloff, Plaintiff has been the primary caretaker of the child over the past five years. Plaintiff resided directly next door to the child and his mother since they moved out of her home in the summer of 2000. Prior to that time, the child and the child's mother resided in Plaintiff's home. 9. Defendant is addicted to pain medication. He also drinks aicohol while taking pain medication and uses crock cocaine. 10. The child fears Defendant. Following his mother's sudden death, Defendant was staying at a relative of the child's mother's home and he took severai pain pills, drank grain aicohol, then woke the child up at 2:30 a.m. in the moming and was pinching him and causing him pain while speaking to him belligerently. 11. The child made a statement to Defendant that he had often made his mother cry before she died to which Defendant replied to the child that his mother was a bitch. 12. While visiting with relatives of the child's mother after her death, Defendant stole the child's coin collection as well as Sega games belonging to the child's cousins and jewelry which belonged to the child's mother. 13. Defendant has threatened to take the child from Plaintiff even though he has never spent any time uusupervised with the child in his life. 14. It is believed that Defendant is financially motivated to take the child since a trust fund has been set up for the child to which people are donafmg money in light of the ting'lc death of his mother. 15. Plaintiffbelieves that a real physical threat to the child would exist if Defendant were to be permitted unsupervised visitation with him, let alone if Defendant were to forcibly take custody of him. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Emergency Order granting her temporary primary physical custody of the child pending the scheduling of a conference or heating on the matter. Respectfully submitted, J~ann6 B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. iD No. 68735 FRANCES M. ANGELOFF, Plaintiff VS. DANIEL J. EYLER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CIVIL ACTION - AT LAW : CUSTODY VERIFICATION I, Frances M. Angeloff, hereby verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Signature: ~ 7~/~-2 /d')('..~.Z~__~ FRANCES M. ANGELOrFF ~/_J FRANCES M. ANGELOFF, Plaintiff VS. DANIEL J. EYLER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. : CIVIL ACTION - AT LAW : CUSTODY AND NOW, this t~'._~_ day of/~'i/l bys~ere ' ~ 2003, upon consideration of Plaintiffs Petition for Emergency Relief, it ' ordered and decreed that temporary primary physical custody of the minor child, Dallas Michael Eyler, bom May 10, 1996, shall be with the child's maternal grandmother, Frances M. Angeloff, pending scheduling of a conference, hearing, or trial on the matter. The child's father, Daniel J. Eyler, shall have supervised visitation with the child as can be agreed upon by the parties through counsel. BY THE COURT: FRANCES M. ANGELOFF, Plaintiff VS. DANIEL J. EYLER Defendant IN THE COURT OF COMMON ~'~AIS?O~ CUMBERL.ZdqD COUNTY, PENNSYLVANIA 03-4122 CIVIL ACTION LAW IN CUSTODY Prior Judge: George E. Hoffer CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIV 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 follows: NAME Dallas Michael Eyler DATE OF BIRTH May 10, 1996 CURRENTLY IN CUSTODY OF Maternal Grandmother 2. A Conciliation Conference was held on October 14, 2003, with the following individua participating: The Maternal Grandmother, Frances M. Angeloff, with her counsel, Jeanne Costopoulos, Esquire, and the Father, Daniel J. Eyler, who is not represented by counsel in this matter. 3. This Court previously entered an Order on August 22, 21)03 on the Maternal Grandmother's Emergency Petition for Primary Custody following the M ' ' other s untimely death. Under the Order, the Maternal Grandmother had primary physical custody of the Child with the Father having supervised visitation only as agreed between the parties. 4. At the conference, the Grandmother indicated that she was filing a Petition for Terminati~ of Parental Rights as she believes ~at re-establishing contact between Father and th,e Child would 1 extremely detrimental to the Child s well-being. The Father denies the Grandmother s allegations a~ will oppose any effort to terminate his relationship with the Child. The parties agreed that this custot matter would be suspended pending a determination by the Court in the termination proceedings. was agreed that a conciliation conference would be scheduled at the request of either party. 5. As there is a temporary Order currently in effect to which neither party requested modification, no further Order is necessary at this time. Date Custody Conciliator cc: ~I~/aniel J. Eyler, Father ~eanne B. Costopoulos, Esquire - Counsel for Mother ,n ~e d Y