Loading...
HomeMy WebLinkAbout10-0340KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff JULIE DEPPEN, Plaintiff V. ANTHONY DEPPEN, Defendant ; ?? W c { G i _ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. le 3 t16 el 11l CIVIL ACTION - LAW CUSTODY CUSTODY COMPLAIN 1. Plaintiff is Julie Deppen, who currently resides at 304 16th Street, New Cumberland, Cumberland County, PA 17070. 2. Defendant is Anthony Deppen, who currently resides at 517 16th Street, New Cumberland, PA 17070. 3. Plaintiff seeks shared legal and primary physical custody of the parties' child, GABRIEL DEPPEN, born 7-30-03 (age 6). Concurrent with this Complaint, Plaintiff is filing an Emergency Petition to obtain temporary sole legal and physical custody. 4. The child has resided with the following persons at the following addresses for the approximate following periods of time: rd j 30 a;S NAME mother/father/ mother's 12 year old son, Clayton mother/mother's 12 year old son, Clayton ADDRESS DATE see paragraph #1 above 10/04 - 8/09 see paragraph #1 above 8/09 - current (NOTE: Father returned to the home approximately mid-November through Christmas of 2009, at which time the parties separated once again. Mother's boyfriend has lived at the residence during September, October and part of November of 2009. He returned to the residence January 8, 2010.] 6. The relationship of the Plaintiff to the child is that of natural mother. She is married to Defendant. She resides with the subject child, her 12-year old son Clayton and Ron Gilbertson, Jr. (Plaintiff's boyfriend). 7. The relationship of the Defendant to the child is that of natural father. He is married to Plaintiff and resides with his brother, Andrew Deppen. 8. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and, at least, temporary welfare of the child will be served by granting Plaintiff temporary sole legal and physical custody as Father has shown an extremely poor and dangerous lack of judgment recently, including coming to the marital home where he no longer resides with a shotgun (he brought Plaintiff's mother, who was actually holding the shotgun, to the home where she used it to threaten Plaintiff's boyfriend); waking the children late at night and taking them from mother; sending disturbing phone and text messages to mother, etc. (as more particularly described in the emergency petition which is being filed concurrently with this Complaint). 10. Each parent whose parental rights to the child has not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant her temporary sole legal and physical custody. DATE: 1/12/2010 4 KENN Tx . LEWIS, ESQUIRE Atto ney for Plaintiff VERIFICATION I 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. Section 49041 relating to unsworn falsification to authorities. Dated: ! , -11 Q JULIE: PPEN L KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff JULIE DEPPEN, Plaintiff V. ANTHONY DEPPEN, : Defendant C C= t c n _T) Fn Cf'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 111- -3 (to 9(I!/ I CIVIL ACTION - LAW CUSTODY PLAINTIFF'S EXERGENCY PETITION FOR SOLE LEGAL AND PHYSICAL CUSTODY PENDING CDBTODY CONCILIATION 1. The Plaintiff is JULIE DEPPEN (hereafter "MOTHER"). 2. The Defendant is ANTHONY DEPPEN (hereafter "FATHER"). 3. The parties are the natural parents of one child, GABRIEL DEPPEN, born 7-30-03 (age 6). 4. The parties separated the first week of August, 2009 and attempted a reconciliation from approximately mid-November through Christmas, at which time the parties separated once again (and remain separated). 5. There is no current custody Order. A custody complaint has been filed concurrently with this Petition. 6. An incident occurred at approximately 11:30 p.m. on January 8, 2010. Father was peeking in the windows of the home 0' X .6' #V? 4011 a4 >F5_1 Pew C2_kjddI where Mother resides. He saw Mother with her boyfriend. Father left and called Mother's mother (hereafter "Grandmother") and the two of them returned to the home with a shotgun. Grandmother threatened Mother's boyfriend's life, pointing the shotgun at him. 7. While Grandmother was pointing the shotgun at Mother's boyfriend, Father went inside (Mother was in the shower and unaware of anything that was happening), woke the children and took them from the home and to Grandmother's home. [In addition to the subject child, Mother has a twelve year old son. Father is not the child's biological father.] 8. On the evening/early morning in question, Father sent disturbing text messages to mother (calling her a "whore", etc.), something he had done periodically during their separation. 9. Father has been attempting to alienate the children from Mother, calling her a "whore," etc. in front of them. On the day following the above-mentioned incident, the children communicated information about what had happened the previous night (i.e. Grandmother threatening Mother's boyfriend with the shotgun, etc.). The children were asleep during the incident and could not know what happened without being told by Father and/or Grandmother. 10. Mother has legitimate concerns that Father will come into the home (which is the marital residence) and remove the children at any given time, particularly as Father, who has never been the primary caretaker has told Mother he would be getting full custody of both children (though he is not the 12 year old's biological father and has never adopted him). WHEREFORE, Mother requests that she be granted sole legal and physical custody of the children pending the custody conciliation or further Order of Court. Respectfully submitted, DATE: 1/12/2010 /e47 KE NE F. LEWIS, ESQUIRE Attorney for Petitioner/Plaintiff 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct 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. Section 4904, relating to unsworn falsification to authorities. Dated: ` l Z b JULIE, PPEN CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the Emergency Petition to Defendant by regular and certified mail, addressed as follows: Anthony Deppen, 517 16th Street, New Cumberland, PA 17070. DATED: 1/12/2010 - /f4 ? KENNE H LEWIS, ESQUIRE 3 T .. JAN 4 2010 JULIE DEPPEN, Plaintiff V. ANTHONY DEPPEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 1 r day of January, 2010, upon consideration of Plaintiff's Emergency Petition For Sole Legal and V60iED. Physical Custody Pending Custody Conciliation, it isQaHffimls Q(Lo v i d e d h• w c V4eR j4 a.+°' -N,c. 4x;P/Aen1 Sol d S 1 al and h?Val be. Rer? oJQ d r'Aorh A f-5 C ou/2T- C. 4-i 0,#1 custod S hw It ki5 school 10 e, c.hopi.e as ?.0 t?Fa teNee . zgrzad- Plaintiff has filed a Custody Complaint. The conciliation shall be promptly scheduled. TYis Order shall remain in effect until further order of Court. BY CO: By: J. DISTRIBUTION: Kenneth F. Lewis, Esq., 1101 N. ,,-nthony Deppen, 517 16th Street, Front St., Hbg., PA 17102 New Cumberland, PA 17070 JULIE DEPPEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY DEPPEN DI-',F[NDANT 2010-340 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 19, 2010 , 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 Friday, February 12, 2010 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to 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. Gilroy, Es q. 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 ALED-Uf-' iC'r ,i ARY i 2010 JAN 20 PM 2: 0 5 `? }r fT FEB .16 2010 JULIE DEPPEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v CIVIL ACTION - LAW ANTHONY DEPPEN, NO. 2010-340 Defendant IN CUSTODY 4 ? C ; '.1 ,y i.':cµ - rr 7L -n i ORDER µ?= '- -- :;?17 -P 17 - AND NOW, this day of February, 2010, the Conciliator being advises pa-lies have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. gifroy, Esquire Custody onciliator 7: A 5: 2310 FE-5 22 F:I 2, 5 Cl- JULIE DEPPEN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-340 Civil CIVIL ACTION - LAW ANTHONY DEPPEN, Defendant CUSTODY CUSTODY AGREEMENT AND NOW, this day of February, 2010, JULIE DEPPEN ("Mother") and ANTHONY DEPPEN ("Father"), agree to the following provisions being made an Order of Court: 1. The parties shall share legal custody of the parties' child, GABRIEL DEPPEN, born 7-30-03 (age 6). The parties agree major decisions affecting their child, including but not limited to health, education, religious training and upbringing shall be made by them joint, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. a) Each party agrees not to impair the other's rights to shared legal custody. Each party agrees not to attempt to alienate the affections of the child for the other party, nor to permit anyone else to do so. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. b. Each parent is entitled to complete and full information from their child's doctor, dentist, teacher, professional or authority and is entitled to have copies of any reports or information given to either parent, in accordance with 23 Pa.C.S.A. §5309. C. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their child's schools, physicians, psychologists, or other individuals concerning the child's progress and welfare. 2. No Conflict Zone: a. The parents shall not alienate the affections of their child from the other parent and the other parent's extended family and shall make a special conscious effort not to do so and to the extent possible prevent third parties from alienating the child's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No Conflict Zone for their child and refrain from making derogatory comments about the other in the presence of their child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child, whether the child is sleeping, awake, or in another room. C. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name (i.e. mom, dad, your grandmother, etc.). d. Each parent agrees to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. 3. Physical Custody. Mother shall have primary physical custody of the child, subject to Father's periods of physical custody listed below. a) Father shall have periods of partial physical custody on alternating weekends from Friday at 5:00 p.m. through Sunday at 8:00 p.m. b) Each Tuesday and Thursday from 5:00 p.m. through 7:00 p.m. c) Holidays as agreed by the parties. d) Such further times as agreed upon by the parties. 4. Telephone: At no time shall either parent interfere with the child's rights to receive, initiate, or conduct telephone communications with the other parent. Each parent shall provide all relevant telephone numbers to the other. 5. ModificatiM- Any of the provisions of this Order may be modified or deleted upon mutual consent of the parents. The parents acknowledge circumstances may warrant a change in custodial periods and agree to work together in the best interests of their child and in accordance with their schedules. Either parent may file a petition to modify this agreement with the Court at any time. tITTNESS ITNESS a UT T DEPPEN h C I- C ANTHONY PEN KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff JULIE DEPPEN, Plaintiff v. ANTHONY DEPPEN, Defendant EI LPL:' ~;Y; _;_:r_; 20IO~~U 2~~ ~", ~: ~ ,: ,>. FE8 ~ ~ ZCIU ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-340 Civil CIVIL ACTION - LAW CUSTODY O R D E R d r.-~ AND NOW, this ~ ~ day of ` , 2010, it is hereby ORDERED and DECREED that the attached Custody Agreement executed by the parties is hereby made an Order of Court. BY T STRIBUTION• Kenneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 ,/~nthony Deppen, 517 16th Street, New Cumberland, PA 17070 L ~.S /Yl~ t ~C.l~ a~a~c~~v ~r~