Loading...
HomeMy WebLinkAbout09-5501JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff BRENDA J. LUCAS, Plaintiff vs. SUSAN J. OWEN and PHILIP A. SHEARER, Defendants THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA l?r??- No. 017- 3?50I CIVIL ACTION -LAW GRANDPARENT CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Brenda J. Lucas, by and through her attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint: 1. Plaintiff is Brenda J. Lucas (hereinafter referred to as Paternal Grandmother), is an adult individual who currently resides at 1305 High Street, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Defendant Susan J. Owen (hereinafter referred to as Mother) is an adult individual who currently resides at 1102 Market Place, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Defendant Philip A. Shearer (hereinafter referred to as Father) is an adult individual who is currently incarcerated at the Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013. 4. There are five dependent children from the relationship of Defendants, namely Kyle Shearer, born April 29, 1997, Iris Shearer, born September 1, 1998, Ryan Shearer, born July 16, 2001, Seth Shearer, born May 1; 2003, and Ivan Shearer, born May 14, 2004. 5. The Defendants were never married to each other and the children were born out of wedlock. 6. All five children are presently in the custody of Mother, who resides at 1102 Market Place, New Cumberland, Cumberland County, Pennsylvania, 17070. 7. Father is currently incarcerated in the Cumberland County Prison for a Driving Under the Influence charge and related parole violations. 8. For the past five years, the children are believed to have resided with the following individuals at the following addresses: Individuals Address Defendant Mother 1102 Market Place New Cumberland, PA 17070 Defendant Mother 501 Cassel Street Gerald Owen Marysville, PA 17053 (Maternal great-grandfather) Defendant Mother Defendant Father 19 Lancaster Avenue Enola, PA 17025 Defendant Mother Gerald Owen Defendant Mother Defendant Father 501 Cassel Street Marysville, PA 17053 242 Columbia Road Enola, PA 17053 Paternal Grandmother 1305 High Street Iris Lucas Boiling Springs, PA 17007 (Paternal great-grandmother) Dates July 2009 to present October 2008 to July 2009 January 2008 through September 2008 October 2007 to January 2008 February 2007 to September 2007 June 2005 through December 2007* *Paternal Grandmother had physical custody of Seth A. Shearer and Ivan D. Shearer from June 2005 through December of 2007. The remaining three children were in placed in foster care at various times when not in the custody of Mother. Dependency proceedings were held at Cumberland County Docket No. CP-21-JV-0077-1999 and Seth and Ivan were placed in Paternal Grandmother's custody by Order of Judge Edward E. Guido following a dependency hearing held on April 5, 2006. Reunification efforts were pursued by Cumberland County Children & Youth Services and all five children were eventually reunified with Mother who had recently been staying with her grandfather in Perry County temporarily with the children. It is unknown by Paternal Grandmother whether Children & Youth Services of either Cumberland or Perry Counties is involved with Mother and the children at this time, but it is believed that no dependency proceedings are currently pending. 9. The relationship of Plaintiff, Brenda J. Lucas, to the children is that of natural paternal grandmother. Paternal Grandmother currently resides with her mother, Iris Lucas. 10. The relationship of Defendant, Susan J. Owen, to the children is that of natural mother. Mother currently resides with her Grandfather, Gerald Owen. 11. The relationship of Defendant, Philip A. Shearer, to the children is that of natural father. Father is currently incarcerated in the Cumberland County Prison, Carlisle, Pennsylvania. 12. Paternal Grandmother previously participated as a party or a witness in dependency proceedings regarding the children in Cumberland County, Pennsylvania, as referenced above. Otherwise, Paternal Grandmother has not participated in any other capacity in other litigation concerning the custody of the children in this or any other Court. 13. Paternal Grandmother has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 14. Paternal Grandmother does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interest and permanent welfare of Seth A. Shearer and Ivan D. Shearer will be served by granting Paternal Grandmother primary physical and shared legal custody for the following reasons: a) The two youngest children resided with Paternal Grandmother in excess of two years during which time Paternal Grandmother acted in loco parentis to them and Mother rarely visited them. In addition, Ivan and Seth spent the majority of the summer of 2008 with Paternal Grandmother. b) Both of the youngest children are more closely bonded to Paternal Grandmother than Mother and Paternal Grandmother is better able than Mother to provide a stable, safe, and nurturing home for them. c) Ivan suffers from autism and Mother is not adequately addressing his problems. d) Mother moved from East Pennsboro school district in October of 2008, although the children continued to attend school throughout 2008-2009 school year. It is believed that Mother has not yet made arrangements for the children to attend a new school this fall or for Ivan to obtain support services for his autism. In spring of 2009, Paternal Grandmother was contacted by the school requesting her help in obtaining immunization records and other necessary information for Seth to be enrolled in school since attempts to obtain the information from Mother had been unsuccessful. Mother has since moved again. e) Mother was recently staying with her elderly grandfather who suffers from brain cancer. Mother often left the children in his care even though he was not physically able to care for them. Most recently, Mother went to Mexico with her boyfriend and her two oldest sons for 12 days and left Ivan with Paternal Grandmother and left Seth and Iris with her grandfather who could not handle them, which resulted in Paternal Grandmother also taking Seth. Even when Mother is at home, it is believed the children are free to roam the streets unsupervised most of the time. f) It is believed Mother does not have a current driver's license, yet she drives the children anyway. Mother has previously been sentenced to jail for driving without a license. g) Paternal Grandmother is ready and willing to enroll Seth and Ivan in the Cumberland Valley School District at Monroe Elementary. Mother's living arrangements are unstable. h) Mother has not addressed the emotional needs of the children and is more concerned about her own self interests. The three oldest children have had behavioral issues at school which Mother has failed to address. On one occasion, Mother walked out while the school principal was trying to speak with her. Paternal Grandmother believes the two youngest children should be sheltered from the constant drama taking place in Mother's household. i) In mid-May of 2009, Ivan's preschool held a small graduation ceremony to which Paternal Grandmother accompanied him. Mother showed up at the ceremony and when Ivan saw her he hid behind Paternal Grandmother's leg and Mother left him there. j) Also in June of 2009, Mother showed up at Paternal Grandmother's home in a bad mood and Seth said Mother would not allow him to stay. Ivan became upset with Mother and told her Seth was going to stay so Mother grabbed Seth and carried him out kicking and screaming and Ivan was screaming. Mother then grabbed Ivan and put him in the car and he climbed out the window of the car back into Paternal Grandmother's arms. Meanwhile, Iris came into the house and was crying, shaking, and going into an asthma attack. Mother then left without his, although she took the two younger children. She later said she would pick up his on Wednesday, but she never showed or called and his was devastated. 16. The best interest and permanent welfare of Kyle Shearer, Iris Shearer, and Ryan Shearer will be served by granting Paternal Grandmother partial physical custody for the following reasons: a) The children have a relationship with Paternal Grandmother which should continue. b) The children desire to spend time with Paternal Grandmother. c) In the event Paternal Grandmother is granted custody of the two youngest children, it would be important for them to spend time with their siblings while in Paternal Grandmother's custody. 17. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Paternal Grandmother, Brenda J. Lucas, respectfully requests this Honorable Court to grant her primary physical and shared legal custody of Seth Shearer, and Ivan Shearer and to grant her partial physical custody of Kyle Shearer, Iris Shearer and Ryan Shearer. Respectfully submitted, r DATED: /57/1'f JeanneW.-Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 221-0900 PA Supreme Ct. ID No. 68735 VERIFICATION I, Brenda J. Lucas, Plaintiff in the above captioned action, hereby verify that the statements made in the foregoing document 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 unsworn falsification to authorities. Date: Signature: Brenda Lucas ?r ;'; ' E Jam. ? // q,111s- re Ae70711 3 1ft fir JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff BRENDA J. LUCAS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. D q- Sso/-'? SUSAN J. OWEN and PHILIP A. SHEARER, CIVIL ACTION -LAW Defendants GRANDPARENT CUSTODY PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW comes the Plaintiff/Petitioner, Brenda J. Lucas, by and through her attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Petition for Special Relief: 1. The Petitioner, Plaintiff above, Brenda J. Lucas (hereinafter referred to as Paternal Grandmother), is an adult individual who currently resides at 1305 High Street, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. The Respondent, Defendant above, Susan J. Owen (hereinafter referred to as Mother), is an adult individikal who currently resides at 1102 Market Place, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. The Respondent, Defendant above, Philip A. Shearer (hereinafter referred to as Father), is an adult individual who is currently incarcerated at the Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013. 4. There are five dependent children from the relationship of Defendants, namely Kyle Shearer, born April 29, 1997, Iris Shearer, born September 1, 1998, Ryan Shearer, born July 16, 2001, Seth Shearer, born May 1, 2003, and Ivan Shearer, born May 14, 2004. 5. Plaintiff is filing a Complaint in Custody simultaneously with this Petition for Special Relief. The averments contained in said Complaint are incorporated herein by reference as though fully set forth. 6. For the reasons set forth in Plaintiff's Complaint in Custody, the best interests and permanent welfare of Seth A. Shearer and Ivan D. Shearer will be served by granting Paternal Grandmother immediate primary physical and shared legal custody. 7. Both Judges M. L. Ebert and Edward E. Guido have presided over dependency proceedings involving the parties and the subject children at Cumberland County Docket No. CP-21-JV- 0077-1999. 8. This date, Paternal Grandmother is mailing copies of the Complaint and Petition to both Defendants. Father has indicated that he does not object to the relief requested herein. It is anticipated that Mother will oppose the requested relief. WHEREFORE, Paternal Grandmother, Brenda J. Lucas, respectfully requests this Honorable Court to grant her immediate primary physical and shared legal custody of Seth Shearer and Ivan Shearer pending further order of court for the purpose of enrolling them in school and setting up support services. Respectfully submitted, Jeanne B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF/PETITIONER 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 221-0900 DATED: PA Supreme Ct. ID No. 68735 VERIFICATION I, Brenda J. Lucas, Plaintiff in the above captioned action, hereby verify that the statements made in the foregoing document 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 unworn falsification to authorities. Date: t s' 0 9 Signature: Brenda J. ucas CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Susan J. Owen 1102 Market Place #12 New Cumberland, PA 17070 Philip A. Shearer Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 BY: Jeanne B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF/PETITIONER 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 221-0900 DATED: PA Supreme Ct. ID No. 68735 Lr ? S ? z~ t ? ? 7 r lr!3 ? Alp.? 20 9 A,'UG l ' ?v C r' vo? www AUG 0 7 2009 BRENDA J. LUCAS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. ?? S5G l SUSAN J. OWEN and PHILIP A. SHEARER, CIVIL ACTION -LAW Defendants GRANDPARENT CUSTODY ORDER OF COURT AND NOW this day of , 2009, u 1on consideration of Plaintiff's Complaint for Custody and Petition for Special Relief, l4rende 4. s er, orMr . A Special Relief Hearing shall take place on the ? day of , 2009, at 3 V P m. in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY T COURT: J. cc: ??anne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 / san J. Owen, 1102 Market Place, New Cumberland, PA 17070 ? Philip A. Shearer, Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013 Cep tS rn.? t I i , 20M A,"jo` 10 F."; 2J, BRENDA J. LUCAS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-5501 CIVIL ACTION LAW SUSAN J. OWEN AND PHILIP A. SHEARER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 13, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 03, 2009 at 8:30 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/ Hubert X. Gilro 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 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 r aF 74 4 AUG 13 Ph 3s 20 CUM "L4, 4 BRENDA J. LUCAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-5501 CIVIL TERM SUSAN J. OWEN and PHILIP A. SHEARER, CIVIL ACTION - LAW Defendants GRANDPARENT CUSTODY ORDER OF COURT AND NOW, this 17th day of August, 2009, after hearing, the Petition For Special Relief is DISMISSED. This matter shall be resolved at conciliation and, if necessary, at a full-blown custody hearing. By the Court, Edward E. Guido, J. ? Jeanne B. Costopoulos, Esquire Attorney for Plaintiff Susan J. Owen 1102 Market Place New Cumberland, PA 17070 4jhilip A. Shearer Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 srs v-s r7V5tLL P RLED4;?+ICE OF TH PRO7 1'1 2N9 AUG 19 AM 9: 4 2 rL NNSYLVANIA SEP 0 9 2009t7 BRENDA J. LUCAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW SUSAN J. OWEN and, NO. 2009-5501 PHILIP A. SHEARER, Defendants IN CUSTODY COURT ORDER AND NOW, this j day of September, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing ' scheduled in Court Room No. 3 of the Cumberland County Courth use on they day of 001. , 2009 at ld , bG ?? m. At this hearing, the Paternal Grandmother shall be the moving party and, hall i proceed initially with testimony. Counsel for the parties, or the parties themselves es if they don't have counsel, shall file with the Court and opposing counsel/pal ty a memorandum setting forth the history of custody in this case, the issues curt± ntly before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least?lfive days prior to the mentioned hearing date. If Mother is asserting a claim that, the Plaintiff Paternal Grandmother may lack standing to pursue primary custody or temporary custody in this case, counsel for the Mother shall file a brief with this Court ten days in advance of the mentioned hearing date and counsel for the Patejrnal Grandmother may file a response brief in advance of the hearing after receiving the brief of Mother's counsel. 2. Pending further Order of this Court, the following TEMPORARY Custody Order is entered: A. The mother, Susan J. Owen, shall enjoy primary legal and primary physical custody of Kyle Shearer, born April 29, 1987, Iris Shearer, born September 1, 1998, Ryan Shearer, born July 16, 2001, Seth Shearer, born May 1, !,003, and Ivan Shearer, May 14, 2004. BY THE CD-UgT, Edward E. Guido, Judge cc: " J nne B. Costopoulos, Esquire Ijachael Allen, Student Attorney Mr. Philip A. Shearer Go -ex m?L? 0 i1 /0 BRENDA J. LUCAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW SUSAN J. OWEN and, NO. 2009-5501 PHILIP A. SHEARER, Defendants IN CUSTODY Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF C VIL PROCEDURE 1915.3-8Ob, the undersigned Custody Conciliator submits the following repQ? : 1. The pertinent information pertaining to the children who are the subject o+' this litigation is as follows: Kyle Shearer, born April 29, 1987 Iris Shearer, born September 1, 1998 Ryan Shearer, born July 16, 2001 Seth Shearer, born May 1, 2003 Ivan Shearer, May 14, 2004 2. A Conciliation Conference was held on September 3, 2009, with the following individuals in attendance: The paternal grandmother, Brenda J. Lucas, with her counsel Jeannd B. Costopo4los, Esquire, and the mother, Susan J. Owen, with her student attorney Rachel Alln of the Dickinson School of Law Family Law Clinic. The father, Philip A. Shearer, was not present because he is currently incarcerated in the Cumberland County Pri$lon. 3. The Mother has custody of these five children. There is a long history in this ca? I e of w 3. The Mother has custody of these five children. There is a long history in this raise of situations where the children were subject to dependency proceedings with Cumberland County Children and Youth Services during which time the Patq rnal Grandmother Plaintiff had custody of the two youngest children. The Pat?rnal Grandmother is now again seeking custody of the two youngest childrenll and visitation with the other three children. The Mother is not in agreement on this. She suggests the Paternal Grandmother has not seen the children for a number of months and that it is not in the best interest of the children for them to be involved w4 the Paternal Grandmother at this time. 4. A hearing is required and, based upon the circumstances as presented at the Cuus?ody Conciliation Conference, the Conciliator is not inclined to recommend any int?rim Order on custody pending the hearing. Date: September / '2009 Hubert X. Gilroy, Esq 're Custody Conciliator 2M SEP 11 9; 3 8 BRENDA J. LUCAS, Plaintiff V. SUSAN J. OWEN and PHILLIP A. SHEARER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5501 CIVIL ACTION -LAW IN CUSTODY DEFENDANT OWEN'S ANSWER TO PLAINTIFF'S COMPLAINT FOR CUSTODY AND NEW MATTER AND NOW, comes Defendant Susan Owen (hereinafter "Mother"), by and through her attorneys, The Family Law Clinic, and respectfully represents the following in support of her Answer and New Matter: 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. 4. ADMITTED in part and DENIED in part. Mother admits that there are five minor children from her relationship with Defendant Shearer. She also admits that the dates of birth for Ivan, Seth, Ryan, and Iris are correct. Mother denies that Kyle's date of birth is April 29, 1997. By way of further answer, Kyle's date of birth is April 27, 1997. 5. ADMITTED. 6. ADMITTED. 7. ADMITTED. 8. ADMITTED. Byway of further answer, Ryan was returned to Mother's care in May 2006. Iris and Kyle were returned to Mother's care in November 2006 and Seth and Ivan were returned to Mother's care in December 2007. All five children have been living with Mother since that time. 9. ADMITTED. 10. ADMITTED in part and DENIED in part. It is admitted that Susan J. Owen is the natural mother of the children. It is denied that she currently resides with her grandfather, Gerald Owen. By way of further answer, Mother resides with the five children at 1102 Market St., New Cumberland, PA. 11. ADMITTED. 12. ADMITTED. 13. ADMITTED. 14. ADMITTED. 15. DENIED. a. DENIED. By way of further answer, Mother avers that Plaintiff would not allow Mother to see the children when they were in Plaintiff s custody: Plaintiff would make excuses to not let Mother see the children. By way of further answer, Mother avers that Ivan and Seth resided with Plaintiff for approximately six days of the summer of 2008. b. DENIED. By way of further answer, Mother avers that the children are more closely bonded with her, their primary caretaker, than with Plaintiff. Mother denies that Plaintiff can provide a stable, safe, and nurturing home because Plaintiff is currently unemployed and without income, is currently encumbered by a leg brace, and has shown poor judgment by such actions as leaving a four-year- old child alone in the bathtub. Mother believes and therefore avers that Plaintiff is taking muscle relaxers and/or pain killers that cause her to become drowsy and sleep when watching the children. Mother avers that the younger children run around the house naked at Plaintiff s home and that Plaintiff fails to discipline the children when necessary. c. ADMITTED in part and DENIED in part. Mother admits that Ivan has been treated for autism, but testing to reach an accurate diagnosis of Ivan's condition continues. Mother denies the allegation that she is not adequately addressing his problems. By way of further answer, Mother avers that Ivan is receiving counseling to address issues associated with his possible autism and that she is working with Ivan's school to try to place him in special classes to accommodate his condition. d. ADMITTED in part and DENIED in part. Mother admits that she moved the children from East Pennsboro school district in 2008 and that she has since moved again. She admits that the school contacted Plaintiff regarding Seth's immunization records, but notes that the school only did so because Mother had listed Plaintiff as a potential contact for the school. Mother denies that she has not made arrangements for the children to attend a new school this year or to arrange support services for Ivan. By way of further answer, Mother avers that she enrolled Iris, Ryan, Ivan, and Seth in the West Shore School District and that Kyle attends YBEC, an alternative school in the South Middleton School District. Mother avers that Ivan is seeing a counselor, that Mother is working with the school to obtain necessary services for the child, and that all the children's immunization records are in order. e. ADMITTED in part and DENIED in part. Mother admits that she recently stayed with her grandfather and that she went to Mexico with Kyle, Ryan, and a friend. Mother denies that her grandfather suffers from brain cancer and that he is physically unable to care for the children. By way of further answer, Mother avers that Plaintiff agreed to care for Ivan while Mother was in Mexico and that her grandfather capably cared for Seth during that period. Despite that capable care, Plaintiff removed Seth from Mother's grandfather's house without Mother's permission. Mother denies that the children are allowed to roam the streets. By way of further answer, Mother avers that she permits the children to play outside but only if they follow her strict rules for doing so. f. ADMITTED in part and DENIED in part. Mother admits that she does not have a current driver's license and that she was sentenced to jail for driving without a license two or three years ago. Mother denies that she drives the children "anyway." By way of further answer, Mother questions Plaintiff's concern for the children's welfare while they are being transported, since Plaintiff has knowingly permitted her son, Defendant Shearer, to drive drunk with the children. g. ADMITTED in part and DENIED in part. Mother admits that, given Plaintiff s propensity for interfering in the children's lives, Plaintiff probably is ready and willing to enroll Seth and Ivan in the Cumberland Valley School District, despite the fact that the children are already enrolled in and attending other schools. Mother denies that her living arrangements are unstable. By way of further answer, Mother avers that she and the children are residing in three bedroom townhouse in a safe neighborhood close to the children's school and that the children are all doing well in their new school environments. h. ADMITTED in part and DENIED in part. Mother admits that the children have had behavioral issues at school. Mother denies that she has failed to address those issues. By way of further answer, Mother avers that all five children are in counseling and that counseling for Kyle, Iris and Ryan is designed to address their behavioral problems. Mother avers that the children's behavior has improved due to the counseling and the stabilization of her household. Mother denies that she walked out while she was speaking with the school principal: rather, she simply excused herself from the conversation because she had to leave. Mother avers that the only `drama' taking place in her household is the drama caused by Plaintiffs interference in the children's lives. i. DENIED. By way of further answer, Mother avers that at the time of the incident in mid-May, Plaintiff had told Ivan that she was going to buy him a toy. Mother avers that Ivan became upset only because he thought that Mother was going to take him home and he was not going to get the toy. Mother avers that she left Ivan with Plaintiff because she and Plaintiff previously had agreed that Plaintiff was going to take Ivan home with her that day. j. DENIED. Mother denies that she was in a bad mood when she arrived at Plaintiff s house in June 2009 to pick up her children. By way of further answer, Mother avers that the incident that occurred that day is an example of Plaintiff s frequent interference with her family. Plaintiff would not let Mother take the children home, and Plaintiff insulted Mother in front of the children. Mother told the children that they needed to go and told Kyle to help get the children in the car. Mother denies that Iris had an asthma attack, as the child has not been diagnosed with asthma. However, Iris told Mother that she wanted to visit with Plaintiff, so Mother let her stay, despite her misgivings. Plaintiff ended up dropping off Iris when she became sick of her. Mother avers that Iris later apologized to her for not listening to her. 16. DENIED. a. DENIED. By way of further answer, Mother avers that Plaintiff does not treat Ryan well and that Plaintiff expresses a clear preference for the younger two children, Ivan and Seth, which is hurtful to the three eldest children. b. DENIED. By way of further answer, Mother avers that the children do not really want to spend time with Plaintiff, but they succumb to her attempts to purchase their love with material things. c. DENIED. Mother asserts that it is not in the children's best interest to spend time with Plaintiff. NEW MATTER: INTERFERENCE WITH THE PARENT-CHILD RELATIONSHIP 17. Paragraphs one through sixteen are hereby incorporated as if fully set out herein. 18. Mother has been working hard to reunite her once-fragmented family and to establish order in the children's home. 19. Mother believes and therefore avers that Plaintiff's conduct thwarts her efforts and that it interferes with the parent-child relationship: a. Plaintiff often disagrees with the rules Mother has established for the children, and she voices that opposition in front of the children. Mother's rules are based on the recommendations of the children's counselors, and Plaintiff does not support Mother's efforts. b. The children are often disrespectful to Mother in front of Plaintiff, and Plaintiff says nothing to correct the children. Mother believes and therefore avers that the children are reflecting the disrespect shown to Mother by Plaintiff. c. Frequently when Mother arrived to pick up the children at Plaintiff's home, Plaintiff would tell the children that they did not have to leave with Mother. d. The children have often told Mother that they don't have to live with her and that they can go to live with Plaintiff when Mother attempts to enforce the rules she has established for them per the children's counselors. e. Mother avers that the children are happy at their new schools, that they are making friends, that the older children are making progress with their behavioral issues, and that Ivan's speech has improved while in her care. f. Mother believes and therefore avers that court-ordered custody or visitation with the children for Plaintiff would not be in the children's best interest as it would undermine the efforts Mother has made to stabilize the family and would interfere with the relationship between Mother and the children. WHEREFORE, Mother respectfully asks this Honorable Court to deny Plaintiff's Complaint for Custody and to grant Mother sole legal and physical custody of all five children. Respectfully Submitted, Date: Jacquelyn Alvarado Certified Legal Intern Y. ?? &' - (- ANNE ONALD-FOX Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I, Susan J. Owen, verify that the statements made are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Susan J. Owe Defendant OF 6W Zl" P34 P" ht 17 Brenda Lucas , : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Susan J. Owen & Phillip Shearer, Defendants : NO. 09 -5501 CIVIL TERM CERTIFICATE OF SERVICE I, Jaquelyn Alvarado, Certified Legal Intern, Family Law Clinic, hereby certify that I served true and correct copies of the Answer to Plaintiff's Complaint for Custody and New Matter on Jeanne Costopoulos, Esq., at 5000 Ritter Road, Suite 202, Mechanicsburg, Pennsylvania, 17055, and on Defendant Phillip Shearer at the Cumberland County Prison, 1101 Claremont Rd., Carlisle, PA 17013 by depositing copies of the same in the U.S. Mail, postage prepaid on September 30, 2009. #Cef n Alvar o d L egal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 `.w i lA B MW36- FN 4' IS BRENDA J. LUCAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-5501 CIVIL TERM SUSAN J. OWEN and PHILIP A. SHEARER, CIVIL ACTION - LAW Defendants IN CUSTODY ORDER OF COURT AND NOW, this 5th day of October, 2009, after hearing, it is hereby ordered and directed as follows: 1. Defendant Susan J. Owen shall have sole legal and physical custody of her children, Kyle Shearer, born April 27, 1997, Iris Shearer, born September 1, 1998, Ryan Shearer, born July 16, 2001, Seth Shearer, born May 1, 2003, and Ivan Shearer, born May 14, 2004. Defendant Phillip Shearer may visit with the children at agreed upon times between he and Susan J. Owen. 2. Plaintiff may visit with the children as follows: A. Every third Saturday from noon until 5:00 p.m. B. At such other times as agreed upon by the parties. Plaintiff shall not visit with less than all of the children unless agreed upon by Mother. Plaintiff shall be responsible for arranging all transportation during her periods of visitation. By the Court, Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Attorney for Plaintiff /cquelyn J. Alvardo, Certified Legal Intern Anne MacDonald-Fox, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Attorneys for Defendant hilip A. Shearer Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 srs CGS t?ES /ri?.L?? !-SLED-Q=F,GE OF THE 2009 OCT -6 Pi's l : S3 ePv??: .?ltJ; ;,