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Home My WebLink About02-3235 ORLANDO C. HERNANDEZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW MARY E. KENNEDY, Defendant : NO. D-l-.3~--S : IN CUSTODY CIVIL TERM COMPLAINT FOR CUSTODY 1. Plaintiff is Orlando C. Hernandez, an adult individual currently residing at 228 Old York Road, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is Mary E. Kennedy, an adult individual currently residing at 319 3rd Street, Apt. 14, Enola, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are the natural parents of one (I) child, namely, Marial1 Marie Hernandez, born January 26, 1998. The child was born out of wedlock. 4. For the past five (5) years, or since the child's birth, the child has resided with the following persons at thll following addresses for the following periods of time: NAME ADDRESS DATES Plaintiff Enola Defendant Mary (maternal grandmother of child) Birth to 11198 Plaintiff Middletown Defendant 11/98 - 2/99 Defendant Dauphin Mary (maternal grandmother of child) 2/99 - 2001 Defendant Mary (maternal grandmother of child) Enola 2001 - 5/30/02 Plaintiff Jodi Hernandez Sean Hernandez Linda McDiffett Donald McDiffett 228 Old York Rd. New Cumberland, P A 5/30/02- 6/1/02 Defendant Enola 6/1/02- present The natural mother of the child is Mary E. Kennedy who resides as aforesaid. She is single. The natural father of the child is Orlando C. Hernandez who resides as aforesaid. He is married. 5. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with his wife, Jodi Hernandez, their minor son, Sean, and Linda and Donald McDiffitt, his wife's parents. 6. The relationship of the Defendant to the child is that of natural mother. Defendant currently resides with the child at issue. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. 8. Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the child to grant the relief requested because: a) Defendant was admitted to the Roxbury Treatment Center on or about May 30, 2002, on an emergency, in-patient basis for rehabilitation stemming from her addiction to alcohol and drugs. b) Defendant placed the child in the immediate and emergency care of Plaintiff. c) Plaintiff allowed the maternal grandmother to visit with the child on June 1, 2002. d) The maternal grandmother physically restrained the child to her custody and failed and refused to allow Plaintiff to have contact with the child until approximately June 21, 2002, when she allowed Plaintiff to exercise partial custody for the weekend. e) Plaintiff contacted local authorities to assist him in retrieving custody during that period when the grandmother refused contact, but authorities were not willing to intervene. f) Defendant was released from rehabilitation on or about June 21, 2002. g) Prior to Defendant's incapacitation and rehabilitation, Plaintiff exercised custody of the child at least one weekend per month, consistently for the past four years, per agreement of the parteis. h) Plaintiff has the ability and desire to provide for the financial, physical and emotional needs of the child. i) Since Defendant's release from the treatment center, Plaintiff has seen a substantial amount of alcohol in Defendant's home and believes that she was drinking it. j) Plaintiff does not believe that Defendant has been sufficiently and complete rehabilitated. k) Plaintiff believes that Defendant's addiction and instability will subject the child to a dangerous environment. I) Plaintiff believes that Defendant also suffers from narcolepsy and fails to take the proper medication for treatment. m) The child has indicated a desire to reside primarily with Plaintiff . 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time he should be granted primary physical custody of the child. Respectfully submitted, 70 Marylo Attorney Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verifY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: -, / rl02 . drL-dJ ~q/~ ORLANDO C. HERNAN Z PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORLANDO C. HERNANDEZ v. 02-3235 CIVIL ACTION LAW MARY KENNEDY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, July 19, 2002 , 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 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, August 07, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is! Jacqueline M, VerntO'. Esq. Custody Conciliator ....1' ,./'- 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 ,~~~ ~~~ .~~~~ ~r?-~~-r; 'ilNI\1ASf\lN3d ,UNlr" ,r, '" ",,..,, '-'~'\! . I\.j,~!', '\', :'t::'::'~i;t'~nJ 9~ :G Wd 61 lrW 20 Al:fv1C"'lrL',",'_;I .:JO :Di:'.30-03llJ ("<:?' ;;'L ("c?- ,7/. t.. er;;, ~/-L (') "; '0, v{\i rn:", .~ Z:J,: ;'':'::C' ~l.-- ~-~C ~~~f=: )>(0 -;;. ::';i -, a t',,) (J -q .s "I' I 'D "In] :C::I Q ~'i"1 ,:'~~ .::.::, -, :':'J -< s;: C) '1' ORLANDO C. HERNANDEZ, Plaintiff vs. MARY KENNEDY, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02-3235 CIVIL TERM : IN CUSTODY PRAECIPE Please withdraw the Plaintiffs request for a Custody Conciliation Conference. DATE: 9--& -() :J Respectfully submitted, GRIFFIE & ASSOCIATES (A.<. atas, EsqUire Attome r Plaintiff 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 (') c <" -ucrj mr~ Z:J 7..:r G')",~. -< ~:"-- "r-; ;~~._, 5:: ;:.: :~ :"4 -< c:> ;--,,) "'" c:: G") o -n ,....; ,:I::rJ ~ i.......... J(j '. -n ,:_~$~ "..~" ~,...'" :0 -< p..) "" :'...) ::::> en JAN 0 2 ZOD3~ ORLANDO C. HERNANDEZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2002-3235 CIVIL TERM MARY KENNEDY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of January, 2003, the Conciliator being notified that the Plaintiff has withdrawn his request for a Conciliation Conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~ Ivl.~~ ' cq ine M. Verney, Esquire, Cust dy Conciliator >- 0:; is U...I<:;':: ~~~2 ~~,t Lu' u: ll.. o r-- ~= :z: '::J<e ,.~...... .,-,.- ~~ .~7:e ~0 ,JZ r_'.CZ ;Ut,U CnCL ---:;; 5 (,) :1t: ~ ("') I ~ .ct~ -J ("') o o