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HomeMy WebLinkAbout01-6879ROSE E. ECKENRODE/ LAURA E. SMITH, Vo ANDREA SAY/ MARK SAY, Plaintiffs Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. : : IN CUSTODY ° COMPLAINT FOR CUSTODY The plaintiffs are Rose E. Eckenrode, residing at 644 Peach Glen-Idaville Road, Gardners, Pennsylvania and Laura E. Smith residing at 612 Pine Road, Carlisle, Pennsylvania. The defendants are Mark and Andrea Say, residing at 171 East Penn Street, Carlisle Pennsylvania. o Plaintiffs seeks custody of the following child: Name Present Residence Megan Say The child was not bom out of wedlock Age 5 months At the behest of Cumberland County Children and Youth Services the child is presently in the custody of Jessica Armolt who resides in Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Dates N/A The mother of the child is Andrea Say, currently residing at 171 East Penn Street, Carlisle, Pennsylvania. She is married. The father of the child is Mark Say, currently residing at 171 East Penn Street, Carlisle, Pennsylvania. He is married. The relationship of plaintiffs to the child is that of Rose M. Eckerode, grandmother and Laura E. Smith, great grandmother. The plaintiff, Rose M. Eckenrode currently resides with the following persons. Name Relationship No one The plaintiff, Laura E. Smith currently resides with the following persons. Name Relationship Raymond Smith Husband 5. The relationship of defendants to the child is that of mother and father. The defendants currently resides with the following persons. Name Relationship Unknown Plaintiffhas participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The child is believed to be currently under the supervision of Cumberland County Children and Youth Services and was placed in a foster home with Jessica Armolt. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. Name Jessica Armolt The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiffs are the grandmother and great grandmother of the child and the best interests of the child will be served by being with family. Plaintiffs are best able to provide the care and nurture which the child needs for healthy development. Defendants have abused the child and/or allowed the child to be abused. WHEREFORE, Plaintiffs request this Court grant Plaintiffs primary physical custody with supervised visitation in the natural parents. Respectfully submitted, Date: ]o,9/,~/~ / Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Rose E. Eckenrode, Plaintiff Laura E. Smith, Plaintiff ROSE E. ECKENRODE/ LAURA E. SMITH, Vo ANDREA SAY/ MARK SAY, Plaintiffs Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : : IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of the Custody Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Mark and Andrea Say 171 East Penn Street Carlisle, PA 17013 Dated: December 4, 2001 Karl E. Rominger, Esquire Attorney for Plaintiffs ROSE E. ECKENRODE/ LAURA E. SMITH, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : v. :No. ANDREA SAY/ : MARK SAY, : Defendants : IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioners, Rose E. Eckenrode, and Laura E. Smith, by and through their attorney, Karl E. Rominger, Esquire, and avers the following in support of this Petition for Emergency Relief: 1. The Petitioner, Rose E. Eckenrode, is an adult individual who currently resides at 644 Peach Glen-Idaville Road, Gardners, Pennsylvania 17324 and Laura E. Smith, currently residing at 612 Pine Road, Carlisle, Pennsylvania. 2. The Respondents, Andrea and Mark Say are adult individuals who currently reside at 171 East Penn Street, Carlisle, Pennsylvania. 3. There is one dependent child of the parties, namely Megan Say, DOB: 7/2001 4. Petitioners seek primary of the following child: Name Present Residence Megan Say Age 5 months The child was not born out of wedlock The child is presently in the custody of Jessica Armolt, who currently resides at. Unknown The mother of the child is Respondent, Andrea Say, currently residing at 171 East Penn Street, Carlisle, PA. The father of the child is Respondent, Mark Say, currently residing at 171 East Penn Street, Carlisle, PA. 5. The relationship of the Petitioners to the child is that of maternal grandmother and maternal great grandmother. The Petitioner, Rose E. Eckenrode, currently resides with no one and Petitioner, Laura E. Smith currently resides with her husband, Raymond Smith. The relationship of the Respondent, Andrea Say to the child is that of natural mother and the relationship of Respondent, Mark Say to the child is that of natural father. To Petitioner's knowledge, Mother and Father currently reside with one another. 6. There is currently no Custody Order. 7. Petitioner does 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, namely Jessiea Armolt. She has the child pending a Children and Youth Services investigation. 8. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) (b) (c) (d) Petitioners are the natural grandmother and great grandmother of the child; Petitioners have established a relationship with the child; Petitioners desire to continue exercising parental duties and enjoys the love and affection of the children; It is believed and therefore averred that the child was left alone at least twice, once by each of the natural parents with no parental supervision while less than five months of age. (e) (0 It is believed and therefore averred that the father shook the child in an inappropriate manner. Plaintiffs have come to learn that the child may also have suffered bums. 9. Each parent whose parental rights to the child have not been terminated have been named as parties to this action. PETITION FOR EMERGENCY RELIEF - REQUEST FOR ORDER FOR TEMPORARY PRIMARY PHYSICAL CUSTODY 10. Special relief is warranted, as the child has been removed from the custody of family members because of interactions between Cumberland County Children and Youth Services and the Defendants. 11. Since the Defendants are unable to carry out their parental duties, Plaintiffs have a right under the law to exercise custody and have the standing necessary. 12. Having the child in the home of a stranger who is not a blood relation to the child is not in the child's best interest where the grandmother and great grandmother stand ready, willing and able to exercise physical and legal custody. WHEREFORE, Petitioners respectfully request this Honorable Court grant special relief and place the child in the custody and care of the great grandmother and grandmother pending conciliation in this matter. Respectfully submitted Karl E. Rominger, Esquire Attorney for Plaintiffs 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 81924 ROSE E. ECKENRODE/ LAURA E. SMITH, ANDREA SAY/ MARK SAY, Plaintiffs Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : : IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of the Petition for Special Relief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Mark and Andrea Say 171 East Penn Street Carlisle, PA 17013 Dated: Karl E. Rominger, Esquire Attorney for Plaintiffs VERIFICATION We, Rose M. Eckenrode and Laura E. Smith, hereby verify that the statements made in the foregoing Petition are true and correct to the best of their knowledge, information, and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: Rose M. Eckenrode ROSE E. ECKENRODE/LAURA E. SMITH : PLAINTIFF V. ANDREA SAY/MARK SAY ' DEFENDANT : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6879 CIViL ACTION LAW IN CUSTODY AND NOW,. Friday, December 14, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their'respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4thFIoor, Cumberland County Courthouse, Carlisle on Wednesday, January l6, 2002 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 bc accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also bc 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/ facqueline M. Verney. Esq, ~t/L 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ROSE E. ECKENRODE and LAURA E. SMITH V. ANDREA SAY and MARK SAY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 2001-6879 CWIL ORDER OF COURT AND NOW, this 19TH day of DECEMBER, 2001, this matter is to be referred to the custody conciliation and plaintiffs are directed to provide service of all pleadings and notice of all heatings to Jessica Armolt and Cumberland County Children & Youth Services. Karl E. Rominger, Esquire For the Plaintiffs Mark and Andrea Say 17 East Penn Street Carlisle, Pa. 17013 :sld Edward E. Guido, J. ROSE E. ECKENRODE/ LAURA E. SMITH, ANDREA SAY/ MARK SAY, Plaintiffs Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6879 : IN CUSTODY CUSTODY STIPULATION AND NOW, come the parties to this action and agree as follows: 1. The parties shall share joint legal custody. 2. Primary physical custody is granted to Rose Eckenrode. 3. Mother, Andrea Say, shall be allowed frequent periods of visitation, as agreed to by grandmother, Rose Eckenrode. 4. Father, Mark Say, is also granted visitation as allowed and agreed to by grandmother, Rose Eckenrode. 5. It is the intention of the parties that this Agreement remain in effect if and until Mother and/or Father of the child are ready, willing and able to undertake full time care of the child. It is agreed that the parties are free to petition the Court to modify this Agreement at any time to show that Mother and Father are ready, willing and able to take full time care of the child. 6. Mother, Andrea Say and Father, Mark Say, agree to allow Grandmother, Rose Eckenrode, to speak with any counselors, psychologists or the like, they may be seeing, for purposes of determining whether or not, in those persons professional opinions, Mother and/or Father are ready to undertake care of the child. This express waiver of confidentiality, applies only to opinion as to the matters stated above, and not to the contents of any conversations the parties may have with their respective therapists or counselors. 7. The parties agree that for purposes of this action and any future action, Grandmother and Great-grandmother have standing. 8. Mother, Andrea Say and Father, Mark Say have chosen not to seek an independent attorney. Mark and Andrea Say realize that by signing this document that they agree that they have either consulted with an attorney or waive their right to do so. WHEREFORE, the parties ask the Court to enter and Order confirming and adopting these agreed to provisions, as they are in the best interest of the child. Rose Eckenrode Laura Smith A~d~ea Say "~ q [-. c,/-o2 .. Karl Rominger, Esquire Attorney for Plaintiffs Date: January 4, 2002 ROSE E. ECKENRODE/ LAURA E. SMITH, ANDREA SAY/ MARK SAY, Plaintiffs Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6879 : 1N CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of the Custody Stipulation upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Cumberland County Children and Youth Services 16 West High Street Suite 200 Carlisle, PA 17013 Jessica Barrick 124 Tower Circle Carlisle, PA 17013 Date: January 4, 2002 Karl E. Rominger, Esquire Attomey for Plaintiffs ROSE E. ECKENRODE, LAURA E. SMITH V. ANDREA SAY, MARK SAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6879 CIVIL TERM ORDER OF COURT AND NOW, this 22~D day of JANUARY, 2002, upon review of the stipulation and proposed order, we are unable to determine which children are subject to the custody order or whether any person not a party has custody of said children. Therefore, the requested order is DENIED without prejudice. Counsel is directed to comply with Pa. R.C.P. 1915.3 and if appropriate under Pa. R.C.P. 1915.6, to join Cumberland County Children and Youth Services and Jessica Barrick in accordance with that Rule. Karl E. Rominger, Esquire For the Plaintiffs Cumberland County Children and Youth Services Jessica Barrick 124 Tower Circle Carlisle, Pa. 17013 :sld Edward E. Guido, J. ROSE E. ECKENRODE/ LAURA E. SMITH, ANDREA SAY/ MARK SAY, Plaintiffs Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6879 : 1N CUSTODY AND NOW, comes Rose Eckenrode and Laura E. Smith, by and through their privately retained attorney, Karl E. Rominger, Esquire and avers as follows: 1. The Court entered an Order on January 22, 2002, requesting that counsel possibly involve Children and Youth Services or other parties. 2. This counsel spoke with Sandra Gibson at Children and Youth Services, who has received and did have the paperwork including the original filing and proposed Stipulation that the Court had rejected. 3. The caseworker informed this counsel that she had no objection to the conditions of the Stipulation and the vestiture of custody in grandmother. 4. Children and Youth Services indicated that this counsel could represent to this Court that they were in concurrence with the Stipulation. 5. Jessica Barrick who has physical custody of the child, Megan Say, has only had physical custody on a temporary basis, and as and through her friendship with mother and upon the request of Children and Youth Services. 6. Attached is a Stipulation which states with particularity what child is involved. 7. The parties have re-affixed their signatures to the same, and asks that this Court enter it as an Order of Court. WHEREFORE, Children and Youth Services being in concurrence with the proposed Stipulation, the parties request the Court enter the attached Stipulation as an Order of Court and that this matter may be resolved and the child placed with the grandmother pursuant to said Stipulation. Date: January 25, 2002 Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs ROSE E. ECKENRODE/ LAURA E. SMITH, ANDREA SAY/ MARK SAY, Plaintiffs Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-6879 : IN CUSTODY CUSTODY STIPULATION AND NOW, come the parties to this action and agree as follows: 1. The parties shall share joint legal custody of the child, Megan Say bom June 17, 2001. 2. Primary physical custody of the child, Megan Say, is granted to Rose Eckenrode. 3. Mother, Andrea Say, shall be allowed frequent periods of visitation, as agreed to by grandmother, Rose Eckenrode. 4. Father, Mark Say, is also granted visitation as allowed and agreed to by grandmother, Rose Eckenrode. 5. It is the intention of the parties that this Agreement remain in effect if and until Mother and/or Father of the child, Megan Say, are ready, willing and able to undertake full time care of the child. It is agreed that the parties are free to petition the Court to modify this Agreement at any time to show that Mother and Father are ready, willing and able to take full time care of the child. 6. Mother, Andrea Say and Father, Mark Say, agree to allow Grandmother, Rose Eckenrode, to speak with any counselors, psychologists or the like, they may be seeing, for purposes of determining whether or not, in those persons professional opinions, Mother and/or Father are ready to undertake care of the child. This express waiver of confidentiality, applies only to opinion as to the matters stated above, and not to the contents of any conversations the parties may have with their respective therapists or counselors. 7. The parties agree that for purposes of this action and any future action, Grandmother and Great-grandmother have standing. 8. Mother, Andrea Say and Father, Mark Say have chosen not to seek an independent attorney. Mark and Andrea Say realize that by signing this document that they agree that they have either consulted with an attorney or waive their right to do so. WHEREFORE, the parties ask the Court to enter and Order confirming and adopting these agreed to provisions, as they are in the best interest of the child. Rose Eckenrode Laura Smith / // ~Andrea Say i/ /~Say Karl Rominger, Esquire Attorney for Plaintiffs Date: January 25, 2002 ROSE E. ECKENRODE, LAURA E. SMITH V. ANDREA SAY, MARK SAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6879 CIVIL TERM ORDER OF COURT ;,AND NOW, this 22~q° day of JANUARY, 2002, upon review of the stipulation and proposed order, we are unable to determine which children are subject to the custody order or whether any person not a party has custody of said children. Therefore, the requested order is DENIED without prejudice. Counsel is directed to comply with Pa. R.C.P. 1915.3 and if appropriate under Pa. R.C.P. 1915.6, to join Cumberland County Children and Youth Services and Jessica Bardck in accordance with that Rule. Karl E. Rominger, Esquire For the Plaintiffs Cumberland County Children and Youth Services Jessica Barrick 124 Tower Circle Carlisle, Pa. 17013 :sld Edward E. Guido, J. ROSE E. ECKENRODE/ LAURA E. SMITH, ANDREA SAY/ MARK SAY, Plaintiffs Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6879 IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attomey for Plaintiffs, do hereby certify that I this day served a copy of the Custody Stipulation upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Sandra Gibson Cumberland County Children and Youth Services 16 West High Street Suite 200 Carlisle, PA 17013 Jessica Barrick 124 Tower Circle Carlisle, PA 17013 Karl E. Rominger, Esquire Attomey for Plaintiffs Date: January 25, 2002 ROSE E. ECKENRODE/ LAURA E. SMITH, Plaintiffs ANDREA SAY/ MARK SAY, Defendants · IN THE COURT OF COMMON PLEAS OF i CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6879 : IN CUSTODY ORDER OF COURT The attached Stipulation is adopted as follows: 1. The parties shall share joint legal custody of the child, Megan Say, bom June 17, 2001. 2. Primary physical custody of the child, Megan Say, is granted to Rose Eckenrode. 3. Mother, Andrea Say, shall be allowed frequent periods of visitation, as agreed to by grandmother, Rose Eckenrode. 4. Father, Mark Say, is also granted visitation as allowed and agreed to by grandmother, Rose Eckenrode. 5. It is the intention of the parties that this Agreement remain in effect if and until Mother and/or Father of the child, Megan Say, are ready, willing and able to undertake full time care of the child. It is agreed that the parties are free to petition the Court to modify this Agreement at any time to show that Mother and Father are ready, willing and able to take full time care of the child. 6. Mother, Andrea Say and Father, Mark Say, agree to allow Grandmother, Rose Eckenrode, to speak with any counselors, psychologists or the like, they may be seeing, for purposes of determining whether or not, in those persons professional opinions, Mother and/or Father are ready to undertake care of the child. This express waiver of confidentiality, applies only to opinion as to the matters stated above, and not to the contents of any conversations the parties may have with their respective therapists or counselors. 7. The parties agree that for purposes of this action and any future action, Grandmother and Great-grandmother have standing. 8. Mother, Andrea Say and Father, Mark Say have chosen not to seek an independent attorney. Mark and Andrea Say realize that by signing this document that they agree that they have either consulted with an attorney or waive their right ROSE ECKENRODE/ LAURA E. SMITH, Plaintiffs V. ANDREA SAY/ MARK SAY, Defendants :iN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2001-6879 :iN CUSTODY SUPPLEMENTAL PLEADING AND NOW, comes petitioners by and through their counsel, Karl E. Rominger, Esquire and supplements their previous pleading as follows: 1. Petitioners previously asked the court to adopt a Stipulation 2. The Court requested that the petitioners certify that the child is not in anyone else's physical custody. 3. Children and Youth Services has provided the child to Rose Eckenrode and the child is no longer in any other persons or parties custody. 4. All parties and potential parties have been served with this Supplement. WHEREFORE, Plaintiffs respectfully requests this Honorable Court adopt this Stipulation signed by the real parties in interest and make it an Order of Court. Respectfully submitted, ROMINGER & BAYLEY Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs ROSE ECKENRODE/ LAURA E. SMITH, Plaintiffs V. ANDREA SAY/ MARK SAY, Defendants :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : : :NO. 2001-6879 : : :IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of the SupplementalPleading upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Sandra Gibson Cumberland County Children and Youth Services 16 West High Street Suite 200 Carlisle, PA 17013 Jessica Barrick 124 Tower Circle Carlisle, PA 17013 Mark and Andrea Say 171 East Penn Street Carlisle, PA 17013 Dated: Karl E. Rominger, Esquire Attorney for Plaintiffs ROSE ECKENRODE/ LAURA E. SMITH, Plaintiffs ANDREA SAY/ MARK SAY, Defendants :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA ; :NO. 2001-6879 : :iN CUSTODY VERIFICATION KARL E. ROMINGER, ESQUIRE, states that he is the attorney for, Plaintiffs in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unswom falsification to authorities. Date: Karl E. Rominger, Esquire Attorney for Plaintiffs