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HomeMy WebLinkAbout06-4999 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY 1.0. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamtID.koDelaw.com Attorney for Plaintiff TROY VANDERAU, Plaintiff, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. O&'. '-I q Q q vs. KATIE VANDERAU, Defendant. CIVIL ACTION - LAW IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Troy VanDerau residing at 8 Mallard Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Katie VanDerau residing at 1394 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff seeks primary physical and shared legal custody of the following child: NAME PRESENT RESIDENCE AGE Sydney VanDerau 1394 Letchworth Road Camp Hill, PA 17011 4 years D.O.B. 7/11/2002 4. Sydney VanDerau (hereinafter "child") was born in wedlock. 5. The Plaintiff and Defendant are currently separated. 6. The child is presently residing with the Defendant at 1324 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania. 7. During the past four years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Katie VanDerau Gage Stewart (minor) 1324 Letchworth Road Camp Hill, PA 17011 January 2006 - Present Troy VanDerau Katie VanDerau Gage Stewart (minor) 879 Wood ridge Drive Middletown, PA 17057 July 2005 - January 2006 Troy VanDerau Katie VanDerau Gage Stewart 820 Limekiln Road Birth - July 2005 New Cumberland, PA 17057 8. The mother of the child is Katie VanDerau, currently residing at 1324 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania. She is separated. 9. The father of the child is Troy VanDerau currently residing at 8 Mallard Court, Mechanicsburg, Cumberland County, Pennsylvania. He is separated. 10. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with two roommates. 11. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with two minor children. 12. Plaintiff has not participated as a party in previous litigation concerning the custody of the child. 13. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. 14. The family of the Defendant made Plaintiff aware that the Defendant is planning to leave with the child for Alaska on Wednesday, August 30, 2006. The Defendant confirmed that information with the Plaintiff and stated that she is planning to make Alaska her permanent residence. 15. While in Alaska she and the child will be staying with a man that the Defendant met on the internet and has known only through the internet for a few months. 16. Up to this time the parties have not had a formal custody order by the Court because they have been able to work out a custody arrangement for the child that is mutually agreeable to both of them. 17. Defendant did not get Plaintiff's consent to move the child to Alaska. Plaintiff only knew that she was leaving for Alaska because Defendant's family members told him. Defendant only confirmed the information when she was asked directly by the Plaintiff. 18. Plaintiff would never have voluntarily agreed to allow Defendant to move their minor child to Alaska. Defendant is trying to usurp Plaintiff's parental rights by making a unilateral decision concerning their child. 19. Since the parties have separated, Plaintiff has been steadily employed by the State Department of Corrections. 20. Plaintiff will be filing an Emergency Petition for Special Relief with this Honorable Court respectfully requesting that this Court issue an Order that stops the Defendant from removing the child from her current home and moving her to Alaska. 21. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) The child's emotional and physical well-being will be continued if she maintains a loving and consistent relationship with the Plaintiff. (b) Plaintiff is able to provide a stable home and emotional environment for the child; (c) Defendant is moving the child thousands of miles away from her current home, family and everything that she has known for her whole life. This could cause the child to suffer immediate and irreparable harm; (d) The Defendant is moving the child into a situation that could be extremely dangerous. The Defendant does not know the man she is to live with and this could cause harm to the child; and (e) Plaintiff has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff primary physical and shared legal custody of the child. Respectfully Submitted, Dated: 5/.;>.7,10<, VERIFICA liON I, Troy VanDerau 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. C. S. ~ 4904 relating to unsworn falsification to authorities. Dated: Y/ lq J D/. I I ~~ =:> ~ y a erau, Plaintiff C) N ~ -I = c = ~,~: <Y' :P"" :;r..,.. (:::". ~ b G-' rnp '8 f'.) -of\' '" ~ u:o ~~l~:~}, ~ :t:. ~ p,~ -;;.-:;, ~_:J -,.-,. 'it' '- ';ii 6"" ~ ...::- \Xl :::2 (-~") c;, .-<.;,. ; J::. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY 1.0.91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamlCilkopelaw.com Attorney for Plaintiff TROY VANDERAU , Plaintiff, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Olr 49ft? Civi I lerl'l'\ vs. KATIE VANDERAU, Defendant. CIVIL ACTION - LAW IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF 1. The Plaintiff is Troy VanDerau residing at 8 Mallard Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Katie VanDerau residing at 1394 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff has filed for primary physical and shared legal custody of the child, Sydney VanDerau, whose date of birth is July 11, 2002, is currently 4 years old, and is residing with the Defendant at 1394 Letchworth Road, Camp Hill, PA 17011. Refer to the Custody Complaint attached herein as Exhibit "An. 4. Sydney VanDerau (hereinafter "child") was born in wedlock. 5. The Plaintiff and Defendant are currently separated. 6. Up to this time the parties have not had a formal custody order by the Court because they have been able to work out a custody arrangement for the child that is mutually agreeable to both of them. 7. As of this date, a Custody Complaint has been filed with the Court, but a custody determination has yet to be made. See aforementioned Custody Complaint. 8. Within the last week, the family of the Defendant informed Plaintiff that the Defendant is planning to leave with the child for Alaska this Wednesday, August 30, 2006. Only when Plaintiff confronted Defendant with this information did Defendant confirm that she plans to make Alaska her permanent residence. 9. While in Alaska, Defendant and the child will be living with a man that Defendant met on the internet, has known only a few months and has known only through the internet. 10. Defendant did not get Plaintiff's consent to move the child to Alaska to live with a man whom neither she nor Plaintiff knows. Plaintiff only became aware of Defendant's plans when Defendant's family members spoke to him. Defendant only confirmed the information when she was asked directly by Plaintiff. 11. Moving to Alaska will effectively sever the child's physical contact with her father, which will cause serious harm to the child's emotional and physical well-being. 12. Defendant, in moving the child thousands of miles away from her father, family, friends, and school, will cause serious harm to the child's emotional and physical well-being. 13. By moving herself and the child in with a man she has only known through the Internet and for such a brief period of time, Defendant is placing the child in a situation that could be extremely dangerous. In Alaska, the child will have no other family in proximity to ensure that her living situation is clean, nourishing, and most importantly, safe. 14. Plaintiff is respectfully requesting that this Honorable Court issue an Order to prevent the Defendant from removing the child from Pennsylvania. 15. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) The child's emotional and physical well-being will be maintained if she maintains a loving and consistent relationship with the Plaintiff; (b) Defendant is moving the child thousands of miles away from her current home, family and everything that she has known for her whole life. This could cause the child to suffer immediate and irreparable harm; (c) The Defendant is moving the child into a situation that could be extremely dangerous. The Defendant does not know the man she is to live with and this could cause harm to the child; (d) Plaintiff is able to provide a stable home and stable emotional environment for the child; and (e) Plaintiff has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so. WHEREFORE, Plaintiff. requests that this Honorable Court grant the following relief: (a) Removal of the child from the custody of the Defendant into the care of the Plaintiff her Father for all times that the Defendant is living in Alaska. Respectfully Submitted, KOPE & A . SOCIA TES, LLC '~. By: Dated: '6 (;. yo i KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY 1.0. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam~koDelaw.com Attorney for Plaintiff TROY VANDERAU, Plaintiff, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.Of,-4'l'?fl vs. KATIE VANDERAU, Defendant. : CIVIL ACTION - LAW : IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Troy VanDerau residing at 8 Mallard Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Katie VanDerau residing at 1394 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff seeks primary physical and shared legal custody of the following child: NAME PRESENT RESIDENCE AGE Sydney VanDerau 1394 Letchworth Road Camp Hill, PA 17011 4 years D.O.B. 7/1112002 4. Sydney VanDerau (hereinafter .child") was born in wedlock. 5. The Plaintiff and Defendant are currently separated. ~ EXHIBIT '" ~ A ;~ 6. The child is presently residing with the Defendant at 1324 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania. 7. During the past four years, the child has resided with the following persons and at the fOllowing addresses: PERSONS ADDRESSES DATES Katie VanDerau Gage Stewart (minor) 1324 Letchworth Road Camp Hill, PA 17011 January 2006 - Present Troy VanDerau Katie VanDerau Gage Stewart (minor) 879 Wood ridge Drive Middletown, PA 17057 July 2005 - January 2006 Troy VanDerau Katie VanDerau . Gage Stewart 820 Limekiln Road Birth - July 2005 New Cumberland, PA 17057 8. The mother of the child is Katie VanDerau, currently residing at 1324 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania. She is separated. 9. The father of the child is Troy VanDerau currently residing at 8 Mallard Court, Mechanicsburg, Cumberland County, Pennsylvania. He is separated. 10. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with two roommates. 11. The relationship of Defendant to the child is that of Mother. The Defendant currently resides with two minor children. 12. Plaintiff has not participated as a party in previous litigation concerning the custody ofthe child. 13. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. 14. The family of the Defendant made Plaintiff aware that the Defendant is planning to leave with the child for Alaska on Wednesday, August 30, 2006. The Defendant confirmed that information with the Plaintiff and stated that she is planning to make Alaska her permanent residence. 15. While in Alaska she and the child will be staying with a man that the Defendant met on the internet and has known only through the internet for a few months. 16. Up to this time the parties have not had a formal custody order by the Court because they have been able to work out a custody arrangement for the child that is mutually agreeable to both of them. 17. Defendant did not get Plaintiffs consent to move the child to Alaska. Plaintiff only knew that she was leaving for Alaska because Defendant's family members told him. Defendant only confirmed the information when she was asked directly by the Plaintiff. 18. Plaintiff would never have voluntarily agreed to allow Defendant to move their minor child to Alaska. Defendant is trying to usurp Plaintiffs parental rights by making a unilateral decision concerning their child. 19. Since the parties have separated, Plaintiff has been steadily employed by the State Department of Corrections. 20. Plaintiff will be filing an Emergency Petition for Special Relief with this Honorable Court respectfully requesting that this Court issue an Order that stops the Defendant from removing the child from her current home and moving her to Alaska. 21. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) The child's emotional and physical well,being will be continued if she maintains a loving and consistent relationship with the Plaintiff. (b) Plaintiff is able to provide a stable home and emotional environment for the child; (c) Defendant is moving the child thousands of miles away from her current home, family and everything that she has known for her whole life. This could cause the child to suffer immediate and irreparable harm; (d) The Defendant is moving the child into a situation that could be extremely dangerous. The Defendant does not know the man she is to live with and this could cause harm to the child; and (e) Plaintiff has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff primary physical and shared legal custody of the child. Respectfully Submitted, KOPE & ASSOCIA T S, LLC ,W By: Dated: 5/{)..1jo<, VERIFICATION " Troy VanDerau 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. C. S. 94904 relating to unswom falsification to authorities. Dated: "'is"/Zq J DI. , I ~~~Iainti? ~ KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY 1.0. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@'kooelaw.com Attorney for Plaintiff TROY VANDERAU , Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. vs. KATIE VANDERAU, Defendant. CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of , 2006, in consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at Pennsylvania, on the day of , at o'clock m., 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. Either party may bring the children who are the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, . . By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUM BELAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 . VERI FICA liON I, Troy VanDerau verify that the statements made in this Emergency Petition 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. Dated: i~9/ 01:=. ~~~~ .;- .. .J H au, Plaintiff I)). ~ ];( ~;-c i, "" 0> 8 ! ~"8 &; 3 ~ ....., ~s "" :t.... ("',". Go) r-., -.D ~ ::;:l A,:JJ ," :~rl i-Co,'? :::~,' ( ,~ -1~: ':.~ ,"-, ~,;> ?:.~,';~ ~,.) :.;-1 ~ j,l.' o t,.) o . = ~ KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam((ilkooelaw.com Attorney for Plaintiff TROY VANDERAU , Plaintiff, IN THE COURT.oF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Olr L/qqq (!.;vl 'Ier~ vs. KATIE VANDERAU, Defendant. : CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this Z" day of /9vr.... &.- . , 2006, on consideration of the foregoing Emergency Petition for Special Relief filed by Troy VanDerau, it is hereby ORDERED and DIRECTED that: ~h.....I" SSw. Ie..... c....wl.....,. (.""'""'! .1'''''-'1 1. ^ Katie VanDerau, mother and defendant herein,,,,immediatelv relinquish Sydney VanDerau, minor child herein, to Troy VanDerau's care and custody until further Order by this Court. .. 1"l,'1" ......,Lv ,or e..h...c.J to e... c/. '1 C!I'oo. .. 7 . '>;." M . 2. Th....,. '::i11 bG I,,,,,,dng scheoUleo on this petition on , .!u at ==- rn I p m iR COI.lr:tr:ogm of tl'ls Otlfflb&rll!lhd CuulIly Cuulll,otl!G~ ~ , ~ i ,t:) /~ o , J. Q c s;: \~r:r. jJ:\~' !:. ,- Zj" ~;' -<,,-,~ ~~~, .~ ,.., = = "'"' V) rr; --0 I ~ :r! -n n1p -om ~T?9 ,~'..::C) :"i::H ?~.....- >:?rl ~ 35 '< -0 :J!: w c:r> . /' KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY 1.0. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@.comcast.net Attorney for Plaintiff TROY VANDERAU , Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4999 vs. KATIE VANDERAU, Defendant. CIVIL ACTION - LAW IN CUSTODY ACCEPTANCE OF SERVICE I, Derek J. Cordier, Esquire, Attorney for the Defendant in the above-captioned matter, hereby accepts service of the Emergency Petition for Spe~ial Relief and Order of Court and certify that I am authorized to do so. Date: g f J..' ( C b O C d. ~~ ere or ler, squire Cordier Br newell Law Office 319 South Front Street Harrisburg, PA 17104-1621 Attorney for Defendant o C --0"' <. ,..., = = "" </J '-r" :-0 I <T' -0 ~ s': ~ :t-n n'e -n(Q '-.1)1::(" (;:~(J\l -\_ ..'"l :_.~('5 6rn .--1 3S :< N -J KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopecmcomcast.net Attorney for Plaintiff TROY VANDERAU , Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4999 vs. KATIE VANDERAU, Defendant. CIVIL ACTION - LAW IN CUSTODY ACCEPTANCE OF SERVICE I, Derek J. Cordier, Esquire, Attorney for the Defendant in the above-captioned matter, hereby accepts service of the Complaint in Custody and certify that I am authorized to do so. Date: fjoz1/0-6 Derek C dier, Cordier & ewe" Law Office 319 South Front Street Harrisburg, PA 17104-1621 Attorney for Defendant ,.., <g cr ~/") f"'l ...,,'0 \ 0' ~ --' -......,., rt"e :':;; ~:?j"S~ '~:,(~ .-";,:l"\1 ,~ -p ~ --0 - ~"" N .' o r--:> TROY V ANDERAU PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-4999 CIVIL ACTION LAW KATIE VANDERAU DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 06, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. . the conciliator, at 39 West Main Street, Mechanicsburg, fA 17055 on Thursday, September 21. 2006 at 9:00 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Rellef orders. and Custody orders to the conciliator 48 hours prior to SCheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda 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 HA VE 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 I(.,/,,~y ~ ~ ~ t1J<J- 'J '/7 .;:h:> 1- ~ ~ ,/(1-,,/-" ~ i;w ? /p '~" ~ -n tJ(/. if-I; Vi)\i\'fitj j (~i\1\13 1 I I '''In<'-''':'r,~-,'I ,i~,,;,\;)~~~,!~. a N.l'"" ' ..' .,.1';<'.'Jn" _", Iv "18 :21 Wd 9- d3S 900l IU\-JIO'" Am ';.,0hlGdd 3Hl :10 j,..I::iJO-G311:J