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HomeMy WebLinkAbout02-4370Eric W. Sloan, Plaintiff Kelly A. Sloan, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02- L/'~'TO CIVIL TERM : : CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Eric W. SIoan, an adult individual whose residence is currently 24 Hillcrest Drive, Bowmansdale, Cumberland County, Pennsylvania 17008. 2. Defendant is Kelly A. Sloan, an adult individual whose residence is 511 Lowther Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Plaintiff seeks custody of his children: Eric R. Sloan, born October 18, 1989 and Kathryn M. Sloan, born January 23, 1994, currently residing at 24 Hillcrest Drive, Bowmansdale, Cumberland County, Pennsylvania 17008. 4. The children are presently between custody of the Plaintiff and Defendant. 5. Since the children's births, the children have resided at 511 Lowther Street, Lemoyne, Cumberland County, Pennsylvania. 6. The relationship of the Plaintiff to the children is that of natural father. 7. The relationship of the Defendant to the children is that of natural mother. 8. Both parties were married to each other on April 21, 1989 at Bowmansdale, Cumberland County, Pennsylvania. 9. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the children in this or any other Court. 10. Defendant is suffering from alcoholism and has been an alcoholic throughout the marriage. 11. Defendant's alcoholism has progressively worsened to the point where when under the influence of alcohol she consistently becomes verbally and physically abusive both to the children and to the Plaintiff. 12. Defendant has established a pattern of conduct of taking the childrer during the course of the summer to the "Toys-R-Us" store to pacify them with a toy ~umhase followed by transporting the children and herself to a local tavern, Gullifty's, where upon the children are instructed to entertain themselves with their newly ed toys while the Defendant drinks alcohol for several hours. Defendant's visitation during the summer of 2002 to Gullifty's Bar with the children has averaged two to three times per week, for an average of two hours for each bar visit. 13. While under the frequent influence of alcohol and in the presence of the children, Defendant utilizes profanity towards both children and the father. 14. Routinely, mother, Defendant, deserts the family/children for up to five (5) days at a time. Most recently occurring June, 2002 for four (4) days when she was discovered staying at the Radisson / Penn Harris. It is believed and therefore averred, that the Defendant is alcohol 15. dependent. 16. The best interest and permanent welfare of the children will be served by granting the relief requested. 17. The children have each expressed a desire to live with father; they have indicated their preference is to live with both mother and father; however, until mother becomes independent of alcohol and ovemomes her alcoholic illness, the children have expressed a desire to live with their father. WHEREFORE, Plaintiff requests your Honorable Court grant joint legal custody of the children and primary physical custody of the minor children to the father, Eric W. Sloan, the Plaintiff herein; in addition, the Plaintiff requests this Honorable Court to order mother into alcoholic treatmentJrehabilitation and that the successful completion of any alcoholic rehabilitation program be a pre-requisite for liberal visitation or any visitation of the minor children. D~ie Respectfully Submitted TURO LAW OFFICES Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Custody 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. Date Eric Sloan CERTIFICATE OF SERVlCF I hereby certify that I served a true and correct copy of the Custody Complaint Kelly A. Sloan, by depositing same in the United States Mail, first class, postage pre-paid on the ,//'~'~ day of ~, 2002, from Carlisle, Pennsylvania, addressed as follows: Kelly A. Sloan 511 Lowther Street Lemoyne, PA 17043 TURO LAW OFFICES Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Eric W. Sloan, Plaintiff Kelly A. Sloan, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- t./~0 CIVIL TERM CIVIL ACTION - CUSTODY AN EMERGENCY PETITION FOR RELIEF 1. A Complaint for Custody was filed in this matter on September 11, 2002. 2. Plaintiff is Eric W. Sloan, an adult individual whose residence is currently 24 Hillcrest Drive, Bowmansdale, Cumberland County, Pennsylvania 17008. 3. Defendant is Kelly A. Sloan, an adult individual whose residence is 511 Lowther Street, Lemoyne, Cumberland County, Pennsylvania 17043. 4. Defendant is an alcoholic and has been an alcoholic throughout the course of the marriage, which took place April 21, 1989. 5. The Defendant's alcoholism has progressively worsened. 6. During frequent inebriation, the Defendant physically and verbally abuses the children and the Plaintiff. 7. Frequently the Defendant deserts the children and the Plaintiff for periods of time for up to five (5) days; most recently in June, 2002 the Defendant deserted the children and father for four (4) days during which time it was discovered she was staying at the Radisson / Penn Harris Motel. 8. Usually the mother's desertion occurs one night per week, which is preceded by the Defendant initiating a fight and then using the situation created by her as rationalization for her flight. 9. As a result of the Defendant's alcoholism, the children's diet has suffered to the extent that the children lack proper nutritional meals when father is absent due to his work schedule. 10. The Defendant "hides" alcohol throughout the house to nurture her illness; when father discovers the alcohol, father destroys it. On August 26, 2002, the first day of school, both children came home to an empty house; the Defendant was at a bar and when she returned home, it was visibly evident that she had been drinking alcohol. 11. From August 26, 2002 until today, for six times mother has repeated the incident of not being home to receive the children upon their return from school; in each instance mother had been patronizing a bar and her demeanor evidenced the alcohol consumption. 12. On September 9, 2002, mother, after a bout of alcohol consumption, tore the telephone from her son, Eric R. Sloan, and cut his finger as a result of her irate removal of the telephone from his possession; Eric had been attempting to call his grandparents for assistance in trying to escape Defendant's violence. 13. On or about August 26, 2002, Eric R. Sloan, the oldest child, attempted to stop the Defendant from going to a "bar"; the Defendant punched Eric in the chest with her closed fist. 14. During the Summer of 2002, mother's method of operation involved taking the children to "Toys-R-Us" to purchase toys for them; immediately thereafter she would take the children and the toys to Gullifty's whereupon the children were expected to entertain themselves with their newly purchased toys while mother would consume alcohol for approximately two (2) or more hours. 15. The scenario described in the paragraph//14 occurred from June to September, 2002 an average of two (2) to three (3) times per week. 16. Immediately following the Defendant's drinking at Gullifty's with the children in attendance, the Defendant would take the children to the automobile whereupon she would drive them home for a distance of approximately two miles. 17. During the course of Defendant's drinking at a bar with the children in attendance, father is at work eight (8) to nine (9) hours, usually from 6:00 AM to 4:00 PM. 18. The children prefer living with both father and mother; however, the children have been recently expressing a desire to live with father alone while mother is currently beseized by her alcoholic illness. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order placing the children into the primary physical custody of the Plaintiff, pending the resolution of the Custody Complaint that has been filed with this Court; in addition, if this Honorable Court has the power to condition mother's visitation with her children by mandating her successful attendance and completion of an in-house alcoholic treatment/rehabilitation program, or any other remedy that this Court deems fair and just under the circumstances and in the best interest of the children. Respectfully Submitted TURO LAW OFFICES Date JGaf~n R. Waltz, Esqu. q,i~ff 28 South Pitt Street~'- Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Petition for Emergency Relief 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. Date Eric Sloan CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Emergency Petition for Relief upon Kelly A. Sloan, by depositing same in the United States Mail, first class, /) postage pre-paid on the ' day of .-~¢-~,~..'~ , 2002, from Car se, Pennsylvania, addressed as follows: Kelly A. Sloan 511 Lowther Street Lemoyne, PA 17043 TURO LAW OFFICES Carlisle, PA 17013 (717) 245 -9688 Attorney for Plaintiff ERIC W. SLOAN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KELLY A. SLOAN, DEFENDANT 02-4370 CIVIL TERM AND NOW, this __ ORDER OF COURT ~_.~--~- day of September, 2002, a hearing on the within petition for emergency relief shall be conducted in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 10:00 a.m., Wednesday, October 2, 2002. Edgar B. Bayley,'~,.....~ Galen R. Waltz, Esquire For Plaintiff Kelly A. Sloan 511 Lowther Street Lemoyne, PA 17043 Eric W. Sloan, . Plaintiff V. Kelly A. Sloan, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-4370 CIVIL TERM CIVIL ACTION - CUSTODY PRAECIPE TO THE PROTHONOTARY: Petition requests that he be permitted to withdraw his Emergency Petition for Relief in the above-captioned matter. Date Respectfully Submitted TURO LAW OFFICES Galen R. Waltz, Esqu~ 28 South Pitt Street" Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff CC: Kelly A. Sloan Galen R. Waltz, Esquire for Eric W. Sloan ERIC W. SLOAN PLAINTIFF Vo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-4370 CIVIL ACTION LAW : KELLY A. SLOAN : IN CUSTODY DEFENDANT : ORDER OF COURT AND NOW, Monday, September 16, 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 Count)' Courthouse, Carlisle on Thursday, October 10, 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 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, Sl~eeial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ]acqueline M. Verney, 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. 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 ERIC W. SLOAN PLAINTIFF KELLY A. SLOAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-4370 CIVIL ACTION LAW : IN CUSTODY ._ ORDER OF COURT AND NOW, Monday, September 16, 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 Thursday, October 10, 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 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: /s/ _[acqueline M. Verney, 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. IF YOU DO NOT HAVE AN ATTORNEYOR 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 Eric W. Sloan, Plaintiff V. Kelly A. Sloan, Defendant · . IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4370 CIVIL TERM : : CIVIL ACTION - CUSTODY ORDER AND NOW this ~'/~----<lay of September, 2002, the Petitioner's Emergency Petition for Relief ~~- ~ CC: lly A. Sloan len R. Waltz, Esquire for Eric W. Sloan Eric W. Sloan, Plaintiff Kelly A. Sloan, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-.4370 CIVIL TERM : CIVIL ACTION - CUSTODY PRAECIPE TO THE PROTHONOTARY: Pebhon requests that he be permitted to 'withdraw his Custody Complaint that was filed September 11, 2002 at the above docket number in the above-captioned matter. Date Respectfully Submitted TURO LAW OFFICES ¢Gralen R. Walt~-E's~ 28 South Pitt Stre'-el¢ Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff CC; Kelly A. Sloan Galen R. Waltz, Esquire for Eric W. Sloan Eric W. SIoan, Plaintiff Kelly A. Sloan, Defendant · IN THE COURT OF COMMON PLEAS · CUMBEP, LAND COUNTY, PENNSYLVANIA · NO. 02-4370 CIVIL TERM · CIVIL ACTION - CUSTODY ORDER AND NOW this day 21)02, the Petitioner's Custody Complaint request for withdraw is granted· CC: l,,'~Kelly A. Sloan ~,,~Galen R. Waltz, Esquire for Eric W. Sloan ',:it:' ;:' Eric W. Sloan, Plaintiff V. Kelly A. Sloan, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-,t370 CIVIL TERM : CIVIL ACTION - CUSTODY PRAECIPE TO THE PROTHONOTARY: Petition~'equests that he be permitted to withdraw his Custody Complaint thal was filed September 11, 2002 at the above docket number in the above-captioned matter. Date Respectfully Submitted TURO LAW OFFICES ¢~'alen R. Walt~:~~ 28 South Pitt Street- Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff CC: Kelly A. Sloan Galen R. Waltz, Esquire for Eric W. Sloan