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HomeMy WebLinkAbout02-4010fl\cust\roberts©n.emergrel.pet.wpd WILLIAM LEE ROBERTSON, Plaintiff LEONA LEE SMITH ROBERTSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0~.~01o CIVIL 2002 : : CIVIL ACTION - CUSTODY PETITION FOR F24ERGENCY RELIEF at 19 Stewart Lane, West 17025. The Petitioner is William Lee Robertson, presently residing Fairview, Cumberland County, Pennsylvania 2. The Respondent is Leona Lee Smith Robertson who has moved again to an unknown location in Raleigh, North Carolina. last known address was 122 Brown Ridge Lane, Mooresville, North Carolina, 28115. 3. The parties are the natural parents of Nicholas Taylor Robertson, born January 21, 1990, who currently resides with his West Fairview, Cumberland County, Nicholas Taylor Robertson, has been the Respondent herein, father at 19 Stewart Lane, Pennsylvania, 17025. 4. The minor child, experiencing problems with his mother, mother's boy friend, Keith Brown. recently Her and the -1- 5. On or about August, 23, 2001, the Respondent called the Petitioner, and told him that the minor child has turned her into Child Services in Rowan County. The Respondent further informed the Petitioner at that time that she no longer wanted to deal with their son and that he was the Petitioner's problem now. 6. The minor child reported to the Petitioner that both his mother and her boyfriend, Keith Brown, had both physically and mentally abused him for some time. 7. The child related to his school teacher who then reported this at least twice to the North Carolina Children and Youth Services that his mother had harmed the minor child and or put the child in fear for his safety and well being. 8. The child further related that his mother and her boyfriend on numerous occasions held him down and severely beat him for alleged bad behavior. 9. On or about August 25, 2001, the Respondent drove the minor child to the home of the Petitioner here in West Fairview, Cumberland County, signed over her physical custody rights and left. 10. Since the child appeared to be improving, the parties later agreed to let the Respondent have the minor child during the Christmas 2001 holiday. 11. The Petitioner avers that upon the minor child's return from the extended Christmas stay in North Carolina with his mother, the -2- child's behavior immediately began to deteriorate and his grades plummeted. 12. It was then decided that the Petitioner should seek help for his son by immediately placing the minor child into counseling at the Holy Spirit Hospital on or about January, 2002. 13. The minor child attended the East Pennsboro partial program which caters to special needs children and provides group therapy for the school year. 14. The minor child is currently, through the Holy Spirit Hospital, under the care of both a psychiatrist, Dr. Mary White, and a psychologist, Mike Shifflet who monitor his behavior. The child has a current mental health diagnosis of ADHD and major depression. 15. The minor child is currently prescribed three medications Concerta, a time elapsed Ritulin; Zyprexa, a mood leveler for anger management; and Zoloft for depression, all of which are carefully monitored by both his natural father, the Petitioner, his step-mother, and his team of doctors at the Holy Spirit Hospital. 16. The minor child is currently enrolled in the 7~h grade at the Susquenita High School with their partial program which will continue the wrap around services that the county has to offer. 17. The Respondent called the Petitioner this past weekend and has told him that she is coming this Saturday to take the child back down with her to North Carolina. -3- 18. The Petitioner and the child are afraid for the child's safety and welfare if he returns to the household. 19. The Petitioner believes and therefore avers that it is in the best interest of the child for his physical and emotional well being to remain with the Petitioner until such time as a conference and hearing is scheduled by the Conciliator and Court to resolve the custody issue. WHEREFORE, the Petitioner prays your Honorable Court to enter a temporary order allowing him to retain primary physical custody of the child, Nicholas Taylor Robertson, conference and hearing. Further, visitation by the Respondent, Leona Lee child shall be on a supervised basis as respective counsel can agree. pending the scheduling of a the Petitioner requests that Smith Robertson, with the the parties or their DATED: STONE LaFAVER & ~S~L~KLETSKI Eli$~f~ B//Stonier, Esquire ~4 Bri~e Str~e~ P.O. Box Telep/o~/717 )774-7435 Atto~r Petitioner -4- VERIFICATION William Lee Robertson states that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are to the best of his knowledge, information and belief; statement is made subject to the penalties of 18 relating to unsworn falsification to authorities. true and correct and that this Pa. C.S.A. ~ 4904 Date: -20- 02- WILLIAM LEE ROBERTSON, Plaintiff Vo LEONA LEE SMITH ROBERTSON, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. O~ - L/O/O CIVIL 2002 : : CIVIL ACTION - CUSTODY TEMPORARY ORDER ~ NOW, this ~-~ day of August, 2002, IT IS HEREBY ORDERED AND DECREED the Petition for Emergency Relief filed by Petitioner, William Lee Robertson, is GRANTED pending further Order of this Court. fl\cust\ROBERTSONnot£ce WILLIAM LEE ROBERTSON, Plaintiff LEONA LEE SMITH ROBERTSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O CIVIL ACTION - LAW IN CUSTODY/VISITATION NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following complaint, you must take action within twenty (20) days after the complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed against you and a judgment may be entered against you by the Court without further notice for any money claimed in the com- plaint or for any other claim or relief requested by the plaintiff. You may lose money or property, or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT A~FORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT ~HE~E YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 fi\cust\chenoweth.com\12 99 WILLIAM LEE ROBERTSON, Petitioner, LEONA LEE SMITH ROBERTSON, Respondent : CUMBERLAND COUNTY, : NO. : : CIVIL ACTION - LAW : CUSTODY/VISITATION IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CIVIL TERM PETITION FOR CUSTODY The Petitioner is William Lee Robertson, an adult individual, Lane, West Fairview, Cumberland County, residing at 19 Stewart Pennsylvania 17025. 2. The Respondent is Leona Lee Robertson, an adult individual, whose last known address was 4008 Hilltop Needmore Road, Fuquay Varina, North Carolina, 27526. Further, it is known that the Respondent is employed and will also be personally served at her place of employment at B.J.'s Wholesale Warehouse Club, 255 Shenstone Blvd., Garner North Carolina, 27529. 3. Respondent seeks primary physical .custody of Nicholas Taylor Robertson, who resides at 19 Stewart Lane, West Fairview, Cumberland County, Pennsylvania 17025. The child is presently in the custody of the Petitioner, William Lee Robertson, 19 Stewart Lane, West Fairview, Cumberland County, Pennsylvania 17025. -1- During the following persons NAME Respondent past five years, and at the following addresses: ADDRESS 19 Stewart Lane the child has resided with the DATE~ 8-25-01 to Present Petitioner and various people 122 Brown Ridge Lane 5-1-98 to including three other Mooresville, NC 28115 8-25-01 children of the marriage The mother of the child's last known address was Needmore Road, Fuquay Varina, North Carolina, 27526. 4008 Hilltop She was married to the Petitioner with a date of marriage about February, 1989. The father of the child is William Lee Robertson, currently residing with his wife, Tina Robertson. The parties herein divorced on May 1, 1998. father. NA/~E Tina Robert son Erica (age 21) 5. mother. on or The relationship of petitioner to the child is that of The petitioner currently resides with the following persons: RELATIONSHIP Wife The relationship of respondent to ~zhe child is that of The respondent currently resides with the following persons: NAME RELATIONSHIP unknown -2- 6. Petitioner has filed this Petition for Custody because the Respondent has threatened to remove the minor child from the Petitioner's home which will be detrimental to the child, as well as, placing the child in imminent harm. Petitioner has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Petitioner does not know of a person Ilot a party to the proceed- ings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because while the father is able to provide a stable home and family type environment for the child; provide medical and mental health services which the child desperately needs, and finally; allowing the child opportunity to spend time with the child's mother consistent with a visitation schedule to be determined. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. -3- WHEREFORE, petitioner requests the court to grant him primary physical custody and full legal custody of the child. ELI~TH~. STON~, ESQUIRE Sup~em(~You~I.~. #60251 Atto~f_f~,s/f~[/P~titioner 414~d~.sl./et, P.O. Box E Ney C~I~Serl~, PA 17070 Teleph¢~(~17) 774-7435 -4- VERIFICATION WILLIAM LEE ROBERTSON, states that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. WILLIANI LEE ROBERTSON Date: WILLIAM LEE ROBERTSON : PLAINTIFF : LEONA LEE SMITH ROBERTSON : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4010 CIVIL ACTION LAW IN CUSTODY ORDER OF COIJRT AND NOW,, Wednesday, July 02, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Thursday, August 07, 2003 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. 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 existi]ag Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /si Melissa P. Greevy. Esq. 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. 1F 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 1'7013 Telephone (717) 249-3166 STATE OF NORTH CAROLINA STATE OF PENNSYLVANIA COUNTY OF WAKE COUNTY OF CUMBERLAND OUT -03032198-001 WILLIAM LEE ROBERTSON, Plaintiff VS LEONA ROBERTSON, Defendant 02-4010 OFFICER'S AFFIDAVIT OF SERVICE PERSON TO SERVE: ADDRESS (1): ADDRESS (2): 255 SHENSTONE WAY GARNER, NC 27529-61)06 WAKEV~.C~)~f~o D~ , BEING A DULY SWORN DEPUTY SHERIFF OF COUNTY, RALEIGH, NORTH CAROLINA, STATES THAT IN THE ~VE-~CED MATTER, ON THE .t~ DAY OF 3U~ ,2003, SHE~wAS UNABLE TO SERVE LEGAL SERVICE OF A ON DEFENDANT/PERSON TO SERVE AS FOLLOWS: (check one) By ~EAV~NG A COP~IES~ AT THE DWESL~NG HO~SE OR ~S~ PLACE OF ABODE OF THE DEFENDANT/PERSON TO SERVE, WITH A PERSON OF SUITABLE AGE. ' { } AS THE DEFENDANT/PERSON TO SERVE IS A CORPORATION, SERVICE WAS EFFECTED BY DELIVERING A COPY(IES) TO WHO IS AN OFFICER OF THE CORPORATION. ' OTHER: _ DONNIE HARRISON SHERIFF OF WAKE COUNTy DRPUTY SHERIFF S~SCRZ~ED ~ SWORN TO "EFORE ~E ~ZS __ NOTARY PosLIC, W~E CO~, NORTH ~oLi~ WILLIAM LEE ROBERTSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEONA LEE SMITH ROBERTSON DEFENDANT 02-4010 CIVIL ACTION LAW IN CUSTODY RETURN OF SERVICE I, Deputy ~J. C~¢'~ ~h~?~ ~ b) certify that a copy of a letter to,Ms. Robertson dated July 7, 2003, a certified true copy of an Order of Court entered July 3, 2003, a certified true copy of a Notice to Defend filed June 27, 2003, and a copy of a Petition for Custody were personally served upon Ms. Robertson at BJ's Warehouse, 255 ShenstoneWay, Garner, NC, 27529. Service was made on the I~ day of July, 2003. Date Received: Date Returned: (Signature of Deputy Making Return) 145505 AUG ~ ~ ~003 ~ WILLIAM LEE ROBERTSON, Plaintiff LEONA LEE SMITH ROBERTSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4010 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Defendant ORDER OF COURT AND NOW, this --t :) day of August, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Le,qal Custody.. The Father, William Lee Robertson, shall have primary legal custody and decision making regarding the health, education and religious upbringing of the minor child, Nicholas Taylor Robertson, born January 21, 1990. However, Father shall have a continuing duty to keep the Mother, Leona Lee Smith Robertson, informed of the child's educational progress and medical, psychological and psychiatric progress. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent Father has possession of any such records or information, he shall be required to share the same, or copies thereof, with Mother within such reasonable time as to make the records and information of reasonable use to the Mother. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, the child's extracurricular activities, teacher conferences and the like. 2. Physical Custody. Father shall have primary physical custody subject to Mother's right of supervised visitation. Mother's visitation arrangements shall be made as condition and in recommended by the child's treatment team in light of consideration of the best interest of the child's emotional we~bei/~,/ Dist: ,,F~zzebeth B. Stone, Esquire, 414 Bridge Street, New Cumberland, PA 17070 ~,e~ona Lee Smith Robertson, 4008 Hilltop Needmore Road, Fuquay Varina, NC ;~7526 WILLIAM LEE ROBERTSON, Plaintiff LEONA LEE SMITH ROBERTSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4010 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME Nicholas Taylor Robertson DATE OF BIRTH January 21, 1990 CURRENTLY IN THE CUSTODY OF Father 2. A Custody Conciliation Conference was held on August 7, 2003 with the following individuals in attendance: the Father, William Lee Robertson, and his counsel, Elizabeth B. Stone, Esquire; the Mother, Leona Lee Smith Robertson, attended pro se. 3. Father filed the Complaint on June 27, 2003 with regard to this child who has been in his physical custody since August 2001. There are three other children who are in the primary custody of Mother in North Carolina subject to the terms of a Custody Order issued from Texas at the time of the parties' divorce. Father has legal representation in North Carolina regarding those children. However, there are numerous jurisdictional difficulties with the litigation due to the Texas Order and the Texas Court's unwillingness to relinquish jurisdiction over the children despite the fact that they no longer reside there. 4. The parties reached an agreement as to Nicholas in the form of Order as attached. Dat~ Melissa Peel Greevy, EsquirE] Custody Conciliator :216998