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HomeMy WebLinkAbout09-3821C. PATRICK ANDREWS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LA NO. Oq- --30-7/ e? 7? HAVEN H. ANDREWS, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is C. Patrick Andrews, an adult individual, residing at 324 We; South Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Haven H. Andrews, an adult individual, residing at 412 Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks custody of the following children: Owen Patrick Andrews, born March 27, 2004, and Sawyer Elliott Andrews, born July 13, 2005. The children were not born out of wedlock. The children are presently in the custody of Plaintiff and Defendant. During the past five years, the children have resided with the following persons and at the following addresses: Name FLONVER & LINDSAY InUMMITM3Z 26 West High Street Carlisle, PA Patrick Andrews and Dorothy Andrews, paternal grandmother Haven H. Andrews and her daughter, Diana Lynne Semanski Patrick Andrews, Haven H. Andrews and Diana Lynne Semanski Address Dates 324 West South Street, Carlisle, PA May 15, 2009 to present 412 Lincoln Street, Carlisle, PA May 15, 2009 to present 412 Lincoln Street, Carlisle, PA Oct. 2007 to May 15, 2009 Patrick Andrews, 230 Webster Street, Carlisle, PA March 2006 Haven H. Andrews and to Oct. 2007 Diana Lynne Semanski Patrick Andrews, 324 West South Street, Carlisle, PA From birth i Haven H. Andrews and until March Diana Lynne Semanski 2006 The mother of the child is Haven H. Andrews, currently residing at 412 Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17013. She is married. The father of the child is C. Patrick Andrews, currently residing at 324 West Street, Carlisle, Cumberland County, Pennsylvania 17013. He is married. 4. The relationship of Plaintiff to the child is that of Father. 5. The relationship of Defendant to the child is that of Mother. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physica custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served FWNVER & LE*4DS" 26 West High Street Carlisle, PA granting the relief requested because Plaintiff can best provide for the children's spiritua physical and emotional welfare. 8. Each parent whose parental rights to the children have not been terminated the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant legal and primary physical custody the children. FLOWER SAID, LENDSAY 26 West High Street Carlisle, PA SAIDIS, FLOWER & WDSAY D No. 44691-,/ 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff uire VERIFICATION I verify that the statements made in the foregoing document are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. tri Andrews Date: 0104>- CIS & LINDSAY 26 West High Street Carlisle, PA FILED-- -ICT C? THE pRv?(-)NvCTARY 2009 juu 10 Am 11: 0 UMgy - 4 , (.;t J? r-IN 4" 17? 41 'It:, Llj C. PATRICK ANDREWS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HAVEN H. ANDREWS DEFENDANT 2009-3821 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 18, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 23, 2009 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. 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/ John J. Mangy; an, Jr., Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILED TL, 2009 MR 19 pi"i 1: 0 Z G /9 09 yj?x ?' mom.- ? i13.. 7Y u1F rls /'p UThu!-- r1 1 i dC,"1 0 iAY R- 1 2C l 3!EP 2 3 V] 83; IT, C. PATRICK ANDREWS, y,? ?.I RT OF COMMON PLEAS Plaintiff LAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 3821 CIVIL 2009 HAVEN H. ANDREWS, 70 00 P a4 . , a Defendant IN CUSTODY P 3 00-tgt-f PETITION FOR EMERGENCY RELIEF NOW COMES C. PATRICK ANDREWS, by and through his counsel, Saidis Sullivan Law, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on April 11, 2008 and having separated in May 2009. 2. The parties are the are parents of two children, OWEN PATRICK ANDREWS, born March 27, 2004, age 6, and SAWYER ELLIOTT ANDREWS, born July 13, 2005, age 5. 3. On October 8, 2009, this Honorable Court entered an Order on the Stipulation of the Parties with regard to custody of Owen and Sawyer. A copy of the Court's Order and the Stipulation is attached hereto as Exhibit "A". 4. Pursuant to the Court's Order of October 8, 2009, the children resided with Respondent, hereinafter "Mother", four days per week and with Petitioner, hereinafter SAIDIS SULLIVAN "Father"), three days per week. LAW 5. Residing also with Mother is her daughter from a prior marriage, Diana 26 West High Street Carlisle, PA Semansky, born July 1, 1993, age 17. Diana is a senior at Carlisle High School. 6. On Wednesday, September 22, 2010, Mother became embroiled in a heated argument with Diana, which resulted in Mother punching Diana in the face approximately six times resulting in a nosebleed and facial cuts in two places. The attack on Diana took place in front of Owen who pulled on Mother, trying to get her to stop hitting Diana. 7. Upon information and belief, the attack on Diana is resulting in Diana filing a Petition for Protection from Abuse after her teachers reported damage to her face to Cumberland County Children and Youth Services. 8. Although Sawyer was asleep at the time of the attack on Diana, Owen is profoundly disturbed by it, describing it in detail to Father and begging Father to let him, Owen, live with him. 9. This most recent incident is the last in a series of violent outbreaks on the part of Mother who suffers from psychiatric issues exacerbated by drug and alcohol abuse including: a. In the Fall of 2009, Mother ripped hair from Diana's head. b. In the Fall of 2008, Mother attacked Father when he tried to break up a verbal attack on Diana (Mother called her a "whore" and told her to "shut her fucking face"), which attack on Father took place in front of the children. C. In the Fall of 2009, Mother threatened Father with a broom handle and punched him on the arm while both children witnessed her behavior, crying. d. Mother has a history of outbreaks of temper, screaming and cursing violently, hitting Father many times in front of the children, assaulting her own mother as well as her daughter, Diana, and other members of the family. e. Prior to the parties' separation, although Mother told Father she stopped using marijuana, he found evidence of marijuana use all over the house. SAIDIS The marijuana use was daily, often multiple times per day. SULLIVAN Mother's marijuana use continues and Upon information and belief f , . LAW 26 West High Street she continues to leave her paraphernalia in open view around the house. Carlisle, PA g. Upon information and belief, Mother drinks two to four boxes of wine per week. Further, upon information and belief, she is out in bars at night, sometimes three to four times per week, returning drunk. During these nights out, she has been leaving the children with Diana. h. Upon information and belief, Mother has used cocaine in the house while the children were present and has sold marijuana and her prescription psychotropic drugs for money. i. Diana is no longer residing with Mother, and Father fears for the safety of his children without Diana's presence to look out for them. 10. The Honorable Kevin A. Hess has been assigned to this case. 11. At the time of the entry of the Court's Order of October 8, 2009, Mother was represented by Jane Adams, Esquire. 12. Father has filed a Petition for Modification from the Court's Order of October 8, 2009. A copy of that Petition is attached hereto as Exhibit "B". 13. Father is a responsible adult who is one of the two owners of The Green Room in Carlisle, Pennsylvania. Father resides with his mother, Dorothy Andrews, an administrator at West Perry School District with duties involving the supervision of guidance and counseling services. Father and the paternal grandmother can provide, as they have since the birth of the children, loving and safe care for them. 14. According to the current Custody Order, the children are with Father on the date of filing of this Petition, but on Tuesday morning return to Mother's custody. Father seeks to avoid moving the children with Mother under the circumstances set out in this Petition. WHEREFORE, Petitioner prays this Honorable Court to modify the Custody order of SAIDIS October 8, 2009 to provide primary physical custody of the children in him. SULLIVAN Respectfully submitted, LAW 26 West High Street SAIDIS SU IVAN LA-W Carlisle, PA ff r TV ?a.i Carol J. Lindsay Attorney Id. 446 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff C. PATRICK ANDREWS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 3821 CIVIL 2009 HAVEN H. ANDREWS, Defendant IN CUSTODY ORDER OF COURT' NOW, this. ?- day of 2009, upon consideration of the within Stipulation of the Parties, the terms of the Stipulation are hereby made an Order of Court. By the Court, J. SAIDIS, SOWER & LINDSAY ATronNTYS-AT•uW 26 West High Street Carlisle, PA ARA 1h C. PATRICK ANDREWS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY , PENS` IgV ANIA a c C V. : CIVIL ACTION - LAW !M C _ NO. 3821 CIVIL 2009 ?; M HAVEN H. ANDREWS U , Defendant IN CUSTODY = .:' no ?'t't Q Z STIPULATION OF THE PARTIES 'r This Stipulation is made between C, PATRICK ANDREWS of 324 West South Street, Carlisle, Cumberland County, Pennsylvania, hereinafter "Father" and HAVEN H. ANDREWS, of 412 Lincoln Street, Carlisle, Cumberland County, Pennsylvania, hereinafter "Mother." RECITALS: R1. Father and Mother are parents of two children, OWEN PATRICK ANDREWS, born March 27, 2004, and SAWYER ELLIOTT ANDREWS, born July 13, 2005. R2. The parties separated in May of 2009. R3. Father filed a Complaint for Custody to the above captioned case on or about June 10, 2009. R4. Although Father desires an equal sharing of custodial time, in consideration of the transition underway for both Mother and the children, he is willing to agree to a SANS temporary Order formalizing the arrangement the parties have had since separation. I-OWER & LINDSAY R5. In light of the transition anticipated for the children, Mother has concerns arrotwEVS•nr tw+r 26 West High Street Carlisle, PA about a custodial schedule which will best meet their needs, but she is willing to agree, on a temporary basis, to the arrangement the parties have had thus far. NOW THEREFORE, the parties agree and stipulate as follows: 1. The parties will share legal custody of their children. Both will be sure to pass on to the other any information regarding the children's school or other activities as soon as they have it. 2. The children will reside with their Father from Saturday morning at 10:00 AM until Tuesday morning when he returns them to Mother or takes them to school or daycare. The children will reside with their Mother from Tuesday morning until Saturday morning at 10:00 HI ). 3. The parties agree that they will work one with the other to adjust the schedule set out herein to meet the needs of the parties and the children. 4. In the event that one or the other party wishes to schedule a vacation, the other party will honor their reasonable request to take the children along. 5. The parties will share holidays. 6. Father and Mother will meet again at the end of September 2009 in order to consider what changes, if any, should be made to the terms set out in this Stipulation. 7. The terms of this Stipulation may be made an Order of Court. The parties will ask the custody conciliator to reschedule the conciliation conference some time after late September 2DD9 in order to permit Father and Mother to work through a longer term custodiai arrangement. Witness: SAI®IS, LOWER & LINDSAY ATTOM'U5-AT.IAV 26 West High Street Carlisle, PA C. PATRICK ANDREWS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 3821 CIVIL 2009 HAVEN H. ANDREWS, Defendant IN CUSTODY PETITION FOR MODIFICATION NOW COMES C. PATRICK ANDREWS, by and through his counsel, Saidis Sullivan Law, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on April 11, 2008 and having separated in May 2009. 2. The parties are the are parents of two children, OWEN PATRICK ANDREWS, born March 27, 2004, age 6, and SAWYER ELLIOTT ANDREWS, born July 13, 2005, age 5. 3. On October 8, 2009, this Honorable Court entered an Order on the Stipulation of the Parties with regard to custody of Owen and Sawyer. A copy of the Court's Order and the Stipulation is attached hereto as Exhibit "A". 4. Pursuant to the Court's Order of October 8, 2009, the children resided with SAIDIS '3ULLIVAN LAW 26 West High Street Carlisle, PA Respondent, hereinafter "Mother", four days per week and with Petitioner, hereinafter "Father"), three days per week. 5. Residing also with Mother is her daughter from a prior marriage, Diana Semansky, born July 1, 1993, age 17. Diana is a senior at Carlisle High School. 6. On Wednesday, September 22, 2010, Mother became embroiled in a heated argument with Diana, which resulted in Mother punching Diana in the six times resulting in a nosebleed and facial cuts in two places. The attack on Diana took place in front of Owen who pulled on Mother, trying to get her to stop hitting Diana. 7. Upon information and belief, the attack on Diana is resulting in Diana filing a Petition for Protection from Abuse after her teachers reported damage to her face to Cumberland County Children and Youth Services. 8. Although Sawyer was asleep at the time of the attack on Diana, Owen is profoundly disturbed by it, describing it in detail to Father and begging Father to let him, Owen, live with him. 9. This most recent incident is the last in a series of violent outbreaks on the part of Mother who suffers from psychiatric issues exacerbated by drug and alcohol abuse including: a. In the Fall of 2009, Mother ripped hair from Diana's head. b. In the Fall of 2008, Mother attacked Father when he tried to break up a verbal attack on Diana (Mother called her a "whore" and told her to "shut her fucking face"), which attack on Father took place in front of the children. C. In the Fall of 2009, Mother threatened Father with a broom handle and punched him on the arm while both children witnessed her behavior, crying. d. Mother has a history of outbreaks of temper, screaming and cursing violently, hitting Father many times in front of the children, assaulting her own mother as well as her daughter, Diana, and other members of the family. SAIDIS e. Prior to the parties' separation, although Mother told Father she -75'ULLIVAN he found evidence of marijuana use all over the house stopped using marijuana , . LAW 26 West High Street The marijuana use was daily, often multiple times per day. Carlisle, PA f. Upon information and belief, Mother's marijuana use continues and she continues to leave her paraphernalia in open view around the house. g. Upon information and belief, Mother drinks two to four boxes of wine per week. Further, upon information and belief, she is out in bars at night, sometimes three to four times per week, returning drunk. During these nights out, she has been leaving the children with Diana. h. Upon information and belief, Mother has used cocaine in the house while the children were present and has sold marijuana and her prescription psychotropic drugs for money. i. Diana is no longer residing with Mother, and Father fears for the safety of his children without Diana's presence to look out for them. 10. The Honorable Kevin A. Hess has been assigned to this case. 11. At the time of the entry of the Court's Order of October 8, 2009, Mother was represented by Jane Adams, Esquire. 12. Father has filed a Petition for Emergency Relief from the Court's Order of October 8, 2009. A copy of that Petition is attached hereto as Exhibit "B". 13. Father is a responsible adult who is one of the two owners of The Green Room in Carlisle, Pennsylvania. Father resides with his mother, Dorothy Andrews, an administrator at West Perry School District with duties involving the supervision of guidance and counseling services. Father and the paternal grandmother can provide, as they have since the birth of the children, loving and safe care for them. WHEREFORE, Petitioner prays this Honorable Court to modify the Custody order of SAIDIS -3ULLIVAN LAW 26 West High Street Carlisle, PA October 8, 2009 to provide primary physical custody of the children in him. Respectfully submitted, SAIDIS SULLIVAN LAW Carol J. Lindsay, Esquire Attorney Id. 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. Pa rick Andre Date: SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE I hereby certify that on this ?5 day of September, 2010, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Jane E. Adams, Esquire 17 West South Street Carlisle, PA 17013 SAIDIS SULLIVAN LAW Carol J-Lindsay, q re Supreme Court IQ_. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA 200 SEP 2 8 C. PATRICK ANDREWS, Plaintiff V. HAVEN H. ANDREWS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 3821 CIVIL 2009 IN CUSTODY ORDER OF COURT AND NOW, this day of aWh,4? , 2010, upon consideration of the within Petition, a Rule is issued upon the Respondent to show cause why the relief requested should not be granted. Rule returnable at a hearing set for the 30 day of 2010 at o2 % ?C) o'clock /?7 M in Courtroom Number 4 of the Courthouse in Carlisle, Pennsylvania. By the Court, -X/? J. SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA 9/aia/ v R E/LSCJ qtur4-? 4o-LL41- P4? O.L, 0.6 J. Al-6-111S N+J C za i? CZ) -?C-) ^lrri r+ Fl' !'n-"`"F 0F T"'" ' (11! o y '39 ` 3 •0. IPJ I C. PATRICK ANDREWS, RT OF COMMON PLEAS Plaintiff LAND COUNTY, PENNSYLVANIA .. ., _;, V. CIVIL ACTION - LAW NO. 3821 CIVIL 2009 HAVEN H. ANDREWS, ®' 00 Pd, a4 Defendant IN CUSTODY 3 ooZ 9`f PETITION FOR EMERGENCY RELIEF NOW COMES C. PATRICK ANDREWS, by and through his counsel, Saidis Sullivan Law, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on April 11, 2008 and having separated in May 2009. 2. The parties are the are parents of two children, OWEN PATRICK ANDREWS, born March 27, 2004, age 6, and SAWYER ELLIOTT ANDREWS, born July 13, 2005, age 5. 3. On October 8, 2009, this Honorable Court entered an Order on the Stipulation of the Parties with regard to custody of Owen and Sawyer. A copy of the Court's Order and the Stipulation is attached hereto as Exhibit "A". 4. Pursuant to the Court's Order of October 8, 2009, the children resided with Respondent, hereinafter "Mother", four days per week and with Petitioner, hereinafter SAIDIS SULLIVAN "Father"), three days per week. LAW 5. Residing also with Mother is her daughter from a prior marriage, Diana 26 West High Street Carlisle, PA Semansky, born July 1, 1993, age 17. Diana is a senior at Carlisle High School. 6. On Wednesday, September 22, 2010, Mother became embroiled in a heated argument with Diana, which resulted in Mother punching Diana in the face approximately six times resulting in a nosebleed and facial cuts in two places. The attack on Diana took place in front of Owen who pulled on Mother, trying to get her to stop hitting Diana. 7. Upon information and belief, the attack on Diana is resulting in Diana filing a Petition for Protection from Abuse after her teachers reported damage to her face to Cumberland County Children and Youth Services. 8. Although Sawyer was asleep at the time of the attack on Diana, Owen is profoundly disturbed by it, describing it in detail to Father and begging Father to let him, Owen, live with him. 9. This most recent incident is the last in a series of violent outbreaks on the part of Mother who suffers from psychiatric issues exacerbated by drug and alcohol abuse including: a. In the Fall of 2009, Mother ripped hair from Diana's head. b. In the Fall of 2008, Mother attacked Father when he tried to break up a verbal attack on Diana (Mother called her a "whore" and told her to "shut her fucking face"), which attack on Father took place in front of the children. C. In the Fall of 2009, Mother threatened Father with a broom handle and punched him on the arm while both children witnessed her behavior, crying. d. Mother has a history of outbreaks of temper, screaming and cursing violently, hitting Father many times in front of the children, assaulting her own mother as well as her daughter, Diana, and other members of the family. e. Prior to the parties' separation, although Mother told Father she stopped using marijuana, he found evidence of marijuana use all over the house. SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA The marijuana use was daily, often multiple times per day. f. Upon information and belief, Mother's marijuana use continues and she continues to leave her paraphernalia in open view around the house. g. Upon information and belief, Mother drinks two to four boxes of wine per week. Further, upon information and belief, she is out in bars at night, sometimes three to four times per week, returning drunk. During these nights out, she has been leaving the children with Diana. h. Upon information and belief, Mother has used cocaine in the house while the children were present and has sold marijuana and her prescription psychotropic drugs for money. i. Diana is no longer residing with Mother, and Father fears for the safety of his children without Diana's presence to look out for them. 10. The Honorable Kevin A. Hess has been assigned to this case. 11. At the time of the entry of the Court's Order of October 8, 2009, Mother was represented by Jane Adams, Esquire. 12. Father has filed a Petition for Modification from the Court's Order of October 8, 2009. A copy of that Petition is attached hereto as Exhibit "B". 13. Father is a responsible adult who is one of the two owners of The Green Room in Carlisle, Pennsylvania. Father resides with his mother, Dorothy Andrews, an administrator at West Perry School District with duties involving the supervision of guidance and counseling services. Father and the paternal grandmother can provide, as they have since the birth of the children, loving and safe care for them. 14. According to the current Custody Order, the children are with Father on the date of filing of this Petition, but on Tuesday morning return to Mother's custody. Father seeks to avoid moving the children with Mother under the circumstances set out in this Petition. WHEREFORE, Petitioner prays this Honorable Court to modify the Custody order of SAIDIS -!15ULLIVAN LAW 26 West High Street Carlisle, PA October 8, 2009 to provide primary physical custody of the children in him. Respectfully submitted, SAIDIS SU IVAN L c i Carol J. Lindsay Attorney Id. 446 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff C. PATRICK ANDREWS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 3821 CIVIL 2009 HAVEN H. ANDREWS, Defendant IN CUSTODY ORDER OF COURT' NOW, this _ day of , 2009, upon consideration of the within Stipulation of the Parties, the terms of the Stipulation are hereby made an Order of Court. By the Court, J. SAlDIS, LOWER & LINDSAY ATTORNEYS•AT•IAFY 6 Vest High Street Carlisle, PA TIE 'EC* .fig r.. T,:? , iM''y 4 ?l? ?7?i?.?y?i??a 2i' ' a _. r ah;:?•:,. a 4?u a;}, 400 the + Z . sue tl3 ?.+34iJ It. pc C. PATRICK ANDREWS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENJNSY?6VANIA c o v CIVIL ACTION - LAW o '?? s . - r NO. 3821 CIVIL 2009 T HAVEN H. ANDREWS, r -, m Defendant IN CUSTODY t-- vZ: Fr; b ? STIPULATION OF THE PARTIES -C This Stipulation is made between C. PATRICK ANDREWS of 324 West South Street, Carlisle, Cumberland County, Pennsylvania, hereinafter "Father" and HAVEN H. ANDREWS, of 412 Lincoln Street, Carlisle, Cumberland County, Pennsylvania, hereinafter "Mother." RECITALS: R1. Father and Mother are parents of two children, OWEN PATRICK ANDREWS, born March 27, 2004, and SAWYER ELLIOTT ANDREWS, born July 13, 2000. R2. The parties separated in May of 2009. R3. Father filed a Complaint for Custody to the above captioned case on or about June 10, 2009. R4. Although Father desires an equal sharing of custodial time, in consideration SIAMILS' LOWER & LINDSAY AT URNBS•AR V.N' 6 West High Street Carlisle, PA of the transition underway for both Mother and the children, he is willing to agree to a temporary Order formalizing the arrangement the parties have had since separation. R5. In light of the transition anticipated for the children, Mother has concerns about a custodial schedule which will best meet their needs, but she is willing to agree, on a temporary basis, to the arrangement the parties have had thus far. NOW THEREFORE, the parties agree and stipulate as follows: 1. The parties will share legal custody of their children. Both will be sure to pass on to the other any information regarding the children's school or other activities as soon as they have it. 2. The children will reside with their Father from Saturday morning at 10:00 AM until Tuesday morning when he returns them to Mother or takes them to school or daycare. The children will reside with their Mother from Tuesday morning until Saturday morning at '10:00 'AM. 3. The parties agree that they will work one with the other to adjust the schedule set out herein to meet the needs of the parties and the children. 4. In the event that one or the other party wishes to schedule a vacation, the other party will honor their reasonable request to take the children along. 5. The parties will share holidays. 6. Father and Mother will meet again at the end of September 2009 in order to consider what changes, if any, should be made to the terms set out in this Stipulation. The terms of this Stipulation may be made an Order of Court. The parties will ask the custody conciliator to reschedule the conciliation conference some time after late September 2009 in order to permit Father and Mother to work through a longer term custodiai arrangement. Witness: SAIDIS, IAWER & LINDSAY ATTURNDS•AT.fAW !6 West High Street Carlisle, PA C. PATRICK ANDREWS, Plaintiff V. HAVEN H. ANDREWS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 3821 CIVIL 2009 IN CUSTODY PETITION FOR MODIFICATION NOW COMES C. PATRICK ANDREWS, by and through his counsel, Saidis Sullivan Law, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on April 11, 2008 and having separated in May 2009. 2. The parties are the are parents of two children, OWEN PATRICK ANDREWS, born March 27, 2004, age 6, and SAWYER ELLIOTT ANDREWS, born July 13, 2005, age 5. 3. On October 8, 2009, this Honorable Court entered an Order on the Stipulation of the Parties with regard to custody of Owen and Sawyer. A copy of the Court's Order and the Stipulation is attached hereto as Exhibit "A". 4. Pursuant to the Court's Order of October 8, 2009, the children resided with SAIDIS T TT,T .TVA N LAW 6 West High Street Carlisle, PA Respondent, hereinafter "Mother", four days per week and with Petitioner, hereinafter "Father"), three days per week. 5. Residing also with Mother is her daughter from a prior marriage, Diana Semansky, born July 1, 1993, age 17. Diana is a senior at Carlisle High School. 6. On Wednesday, September 22, 2010, Mother became embroiled in a heated argument with Diana, which resulted in Mother punching Diana in the fa six times resulting in a nosebleed and facial cuts in two places. The attack on Diana took place in front of Owen who pulled on Mother, trying to get her to stop hitting Diana. 7. Upon information and belief, the attack on Diana is resulting in Diana filing a Petition for Protection from Abuse after her teachers reported damage to her face to Cumberland County Children and Youth Services. 8. Although Sawyer was asleep at the time of the attack on Diana, Owen is profoundly disturbed by it, describing it in detail to Father and begging Father to let him, Owen, live with him. 9. This most recent incident is the last in a series of violent outbreaks on the part of Mother who suffers from psychiatric issues exacerbated by drug and alcohol abuse including: a. In the Fall of 2009, Mother ripped hair from Diana's head. b. In the Fall of 2008, Mother attacked Father when he tried to break up a verbal attack on Diana (Mother called her a "whore" and told her to "shut her fucking face"), which attack on Father took place in front of the children. C. In the Fall of 2009, Mother threatened Father with a broom handle and punched him on the arm while both children witnessed her behavior, crying. d. Mother has a history of outbreaks of temper, screaming and cursing violently, hitting Father many times in front of the children, assaulting her own mother as well as her daughter, Diana, and other members of the family. SAIDIS ULLIVAN LAW 5 West High Street Carlisle, PA e. Prior to the parties' separation, although Mother told Father she stopped using marijuana, he found evidence of marijuana use all over the house. The marijuana use was daily, often multiple times per day. f. Upon information and belief, Mother's marijuana use continues and she continues to leave her paraphernalia in open view around the house. g. Upon information and belief, Mother drinks two to four boxes of wine per week. Further, upon information and belief, she is out in bars at night, sometimes three to four times per week, returning drunk. During these nights out, she has been leaving the children with Diana. h. Upon information and belief, Mother has used cocaine in the house while the children were present and has sold marijuana and her prescription psychotropic drugs for money. i. Diana is no longer residing with Mother, and Father fears for the safety of his children without Diana's presence to look out for them. 10. The Honorable Kevin A. Hess has been assigned to this case. 11. At the time of the entry of the Court's Order of October 8, 2009, Mother was represented by Jane Adams, Esquire. 12. Father has filed a Petition for Emergency Relief from the Court's Order of October 8, 2009. A copy of that Petition is attached hereto as Exhibit "B". 13. Father is a responsible adult who is one of the two owners of The Green Room in Carlisle, Pennsylvania. Father resides with his mother, Dorothy Andrews, an administrator at West Perry School District with duties involving the supervision of guidance and counseling services. Father and the paternal grandmother can provide, as they have since the birth of the children, loving and safe care for them. WHEREFORE, Petitioner prays this Honorable Court to modify the Custody order of SAIDIS ULLIVAN LAW 6 West High Street Carlisle, PA October 8, 2009 to provide primary physical custody of the children in him. Respectfully submitted, SAIDIS SULLIVAN LAW Carol J. Lindsay, Esquire Attorney Id. 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff VERIFICATION 1 verify that the statements made in the foregoing document are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. relating to unsworn falsifications to authorities. Pa rick Andre Date: SAIDIS -3ULLIVAN LAW 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE I hereby certify that on this ?-$ day of September, 2010, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Jane E. Adams, Esquire 17 West South Street Carlisle, PA 17013 SAIDIS SULLIVAN LAW L G Carol J. Lindsay, q re Supreme Court IQ_. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS 3ULLIVAN LAW 26 West High Street Carlisle, PA C. PATRICK ANDREWS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' 2009-3821 CIVIL ACTION LAW HAVEN H. ANDREWS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, October Ol, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before -John J. Mangan, Jr., Esq. ,,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 09, 2010 at 1:00 PM 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. 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 alt 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/ ohn .Man an r. 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 arrangeme nts must be made at least 72 hours prior to any hearing or business before the court. You must attend the sched~gd conference or hearing. ~ ~ -`` YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 1F YOI N~' HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF~~ET-+ ~'' FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. `~~} ,~-~ ~ `~' w ~_~. Cumberland County Bar Association ~ ~~ -~ r -3. -:-: ~~~. lD• ~• I l> C.P.vI~ - ~ ~t~ ~ ~~~32 South Bedford Street ~ ~ ~-,~ '~ ~~ ~~ rlisle, Pennsylvania 17013 ~ /p" ~ a ~ ~ ~dGticu~ Telephone (717) 249-3166 -'~ ____ -. w ~ 6 OCT 01 «~~~ C. PATRICK ANDREWS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NO. 3821 CIVIL 2009 HAVEN ~i. ANDREWS, Defendant IN CUSTODY TEMPORARY ORDER OF COURT NOW, this Y` day of oc~zb w , 2010, upon consideration of the within Stipulation of the Parties, the terms of the Stipulation are hereby made an Order of Court. By the Court, J. SAIDIS t SULLIVAN LAW 26 West High Street Cazlisle, PA ~~ ~ ~0/ ~;~, .., ~:, ~ ~, ..~- _ -~ ~ -~ ~W., ~, t-- V. • e. :~` -") .~... .~ .~- A ... ~ tp NOV 15 LUIU C. PATRICK ANDREWS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-3821 CIVIL ACTION - LAW HAVEN H. ANDREWS, r Defendant : IN CUSTODY ORDER OF COURT I C' AND NOW, this !Q day of / U2apn-y? , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the Itj-t- day of n , 201p, at /d : Da o'clock, _A-. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the Court Order dated October 4, 2010 shall remain in full force and effect. 3. 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 THE COURT, / J. cc: of J. Lindsay, Esquire, counsel for Father Jane Adams, Esquire, Counsel for Mother CoP E ;RS ryu-i-t. LES, Nov 15 2010 C. PATRICK ANDREWS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. HAVEN H. ANDREWS, Defendant PRIOR JUDGE: Kevin A. Hess, J. : NO. 2009-3821 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Owen Patrick Andrews March 27, 2004 Father Sawyer Elliott Andrews July 13, 2005 Father 2. A Conciliation Conference was held November 11, 2010 with the following individuals in attendance: The Father, C. Patrick Andrews, with his counsel, Carol J. Lindsay, Esquire, and the Mother, Haven H. Andrews, with her counsel, Jane Adams, Esquire. 3. The Honorable Kevin A. Hess, P.J. previously entered a stipulated Order of Court dated October 4, 2010 as a result of Father's Petition for Special Relief. The stipulated Order provided for shared legal custody, Father having primary physical custody, with Mother having alternating weekends with maternal grandmother supervising visits. The prior Order of Court dated October 8, 2009 provided for Mother to have four overnights per week and Father to have 3 overnights per week. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody, with Mother having supervised visitation. Father maintains that Mother punched her 17 year old daughter (not the subject of this matter) in the face, causing a scratch and bruising. A police report was filed, but no charges are pending. When that child went to school, school officials notified Children & Youth. C&Y conducted an investigation but did not find child abuse. Father believes Mother has a mental health problem or anger issues that require professional assistance. He also asserts that Mother has a drug and alcohol problem. 5. Mother's position on custody is as follows: Mother seeks to return to the Order of Court dated October 8, 2009, wherein she had primary physical custody on a 4/3 day schedule. Mother asserts that she is receiving counseling. She denies anger issues, but admits to being previously diagnosed with Post Traumatic Stress Disorder and Depression. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the Order of Court dated October 4, 2010. It is expected that the Hearing will require one day. Date acq eline M. Verney, Esquire Custody Conciliator C. PATRICK ANDREWS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09—3821 CIVIL TERM HAVEN H. ANDREWS, CIVIL ACTION— LAW Defendant IN CUSTODY CUSTODY STIPULATION AGREEMENT THIS STIPULATION AND AGREEMENT, entered into this fc?tA day of 1401 , 2013, by and between C. Patrick Andrews of 324 West South Street, Carlisle, Cumberland County, Pennsylvania, and Haven H. Andrews, of 1106 High Street, Cambridge, Maryland, is executed in contemplation of becoming an Order of Court. WHEREAS, C. Patrick Andrews and Haven H. Andrews are the parents of two children, Owen Patrick Andrews, born March 27, 2004, and Sawyer Elliott Andrews, born July 13, 2005; and WHEREAS, the parties wish to enter into this Stipulation and Agreement relative to the custody of Owen Patrick Andrews and Sawyer Elliott Andrews. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. All previously existing custody orders are hereby vacated. 2. Owen Patrick Andrews, born March 27, 2004, and Sawyer Elliott Andrews, born July 13, 2005, are the natural children of C. Patrick Andrews (hereinafter the "Father") and Haven H. Andrews (hereinafter the "Mother"). 3. The parties shall share legal custody of the Children. 4. Father shall have primary physical custody of the Children, subject to the following periods of partial custody with the Mother: VINVAIASNN3d '1. M17103 ONVI-83OW17113 *-Z Wd 61 8VW E 101 k!V I f)NQH108d 3HI JC .11"',A 2,0-03 11,:)1 f l a. One weekend per month, from Friday after school (or thereabout that time during the summer months) until Sunday at 4:00 p.m. b. Said weekend custody shall occur as agreed to by the parties, to be scheduled three months in advance. C. Said weekend custody shall not occur if the Children are to participate in scheduled activities that weekend. d. When agreed to by the parties, said weekend may be a "long" weekend to extend to Monday at 3:00 p.m., if that Monday is a school holiday. 5. While in the presence of the Children, no party shall make or permit to be made by any person, any remarks or actions which could in any way be construed as derogatory or uncomplimentary to the other parent, or in any way injure the opinion of the Children as to the other parent, or in any way estrange the Children from the other parent. 6. Should either parent propose to relocate with the Children, said parent must provide Notice of Proposed Relocation and a Counter-Affidavit Regarding Relocation to the other parent, via certified mail, prior to sixty (60) days before the proposed date of relocation, pursuant to 23 Pa. C.S. §5337 and in the form required by §5337(c)(3). WHEREFORE, agreeing to be legally bound, the parties hereby affix their signatures. Witnes . P rick Andrews Father PavqH. And ws C. PATRICK ANDREWS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09—3821 CIVIL TERM HAVEN H. ANDREWS, CIVIL ACTION —LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this X 1 day of 47 , 2013, upon consideration of the Custody Stipulation Agreement, it is ORDERED and Directed as follows: 1. All previously existing custody orders are hereby vacated. 1 2. Owen Patrick Andrews, born March 27, 2004, and Sawyer Elliott Andrews, born July 13, 2005, are the natural children of C. Patrick Andrews (hereinafter the "Father") and Haven H. Andrews (hereinafter the "Mother"). 3. The parties shall share legal custody of the Children. 4. Father shall have primary physical custody of the Children, subject to the following periods of partial custody with the Mother: a. One weekend per month, from Friday after school (or thereabout that time during the summer months) until Sunday at 4:00 p.m. b. Said weekend custody shall occur as agreed to by the parties, to be scheduled three months in advance. C. Said weekend custody shall not occur if the Children are to participate in scheduled activities that weekend. d. When agreed to by the parties, said weekend may be a "long"Weekend to extend to Monday at 3:00 p.m., if that Monday is a school holiday. i 5. While in the presence of the Children, no party shall make or permit to be made by any person, any remarks or actions which could in any way be construed as derogatory or uncomplimentary to the other parent, or in any way injure the opinion of the Children as to the other parent, or in any way estrange the Children from the other parent. 6. Should either parent propose to relocate with the Children, said parent (must provide Notice of Proposed Relocation and a Counter-Affidavit Regarding Relocation to the other parent, via certified mail, prior to sixty (60) days before the proposed date of relocation, pursuant to 23 Pa. C.S. §5337 and in the form required by §5337(c)(3). BY THE COURT, /1/ J. c.c. ✓Lorin A. Snyder, Esquire ✓Haven H. Andrews 31"A � � -T c � ::� 3 -�-I M rn �a rn Cn L_C:) CD-V' 37