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Home My WebLink About02-5423LAURIE M. FATKIN, Plaintiff VS. SCOTT D. FATKIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAAID COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY CIVIL TERM COMPLAINT FOR CUSTODY TO THE HONOP. ABLE, THE JUDGES OF SAID COURT: The Plaintiff is, Laurie M. Fatkin, hereafter referred to as the natural mother, residing at 441 N. College Street, Carlisle, Cumberland County, Pennsylvania, 17013. The Defendant is Scott D. Fatkin, hereafter referred to as the natural father, residing at 4830 S. Wilson Road, Eliztown, Kentucky, 42701. Plaintiff seeks legal custody of the following children: Persons Laurie & Scott Fatkin Laurie Fatkin Laurie Fatkin & Kay Cox Name Present Residence Aqe Kimberly Hope Fatkin 441 N. College St., Carlisle, PA 13 Daniel Shane Fatkin 441 N. College St., Carlisle, PA 11 The children were born on January 15, 1989 and Novenlber 11, 1990. The children are presently in the custody of the natural mother, who resides at 2005 Pine Road, Newville, Cu,~erland County, Pennsylvania 17241. The children have resided with the following persons and at the following addresses for the past 16 months: Address Dates 2005 Pine Road, March 1997 to June 2002 Newville, Pa. 2005 Pine Road, June 2002 to November 2, 2002 Newville, Pa. 441 N. College St. Nov. 1, 2002 - Present Carlisle, PA 10. physical, spiritual, granting the relief mother. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims tc~ have custody or visitation rights with respect to the children. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of tile children, so none will be given notice of the pendency of this action and the right to intervene. Pursuant to the Custody and Grandparents Visitation Act, the mother requests this Court to grant an award of legal custody to her. The mother requests physical custody of the children in that she is in a better position to provide consistent and stable care for the child and she is the parent more likely to assure that the child have a relationship with both parents. The best interests and permanent welfare of the children and their emotional and moral well-being will be served by requested of legal and ]physical custody with the Plaintiff mother prays for an Order awarding legal custody of the minor children, Kimberly Hope Fatkin, born January 15, 1989 and Daniel Shane Fatkin, born November 11, 1989, to the Plaintiff mother and with partial custody awarded to Defendant father as this Court determines is in the best interests of the child. W~EREFORE, Plaintiff mother prays for an Order awarding legal custody of the minor children, Kimberly Hope Fatkin and Daniel Shane Fatkin, to the mother, with actual physical custody to the mother. Respectfully submitted, Date: //-- 7-0'~''~ Ruby D. Weeks, Esquire Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 COMMONWEALTH OF PHNNSYLVA/~IA : : COUNTy OF CUMBERLAND : Sworn to and subscribed to before me this ~ day of 20OZ. Notary Public Personally appeared before me, A Notary Public in and for the Commonwealth and County aforesaid, the under-signed, being du].y sworn according to law, deposes and says that the facts set forth in the foregoing Complaint are true and correct. aJie M. Fatkin - · ' '~ "~" ~",~,~ ~i LAURIE M. FATKIN PLAINTIFF SCOTt D. FATK1N DEFENDANT IN 'ITIE COURT Of' COMMON PLEAS OF CUMBERLAND C, UNTY, PENNSYLVANIA 02-5423 CIVIL .CTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 14, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before J_acqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 12, 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~ecial Relief orders, and Custody orders to the conciliator 48 hours I)rior to scheduled hearing. FOR THE COURT~ By: /s/ ]acqueline M. Verr,,,ey, 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 LAURIE M. FATKIN, Plaintiff SCOTT D. FATKIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY #02-5423 CIVIL TERM AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 1920.4 (a) (1) (ii) COMMONWEALTH OF PENNSYLVANIA : : ss COUNTY OF CUMBERLAND : I, RUBY D. WEEKS, ESQUIRE, Attorney for Laurie M. Fatkin, being duly sworn according to law, depose and say that a true and correct copy of the Custody Complaint was served on the Defendant, Scott D. Fatkin, at 4830 So Wilson Road, Eliztown, Kentucky, 42701, by mailing the same to him by certified mail, restricted delivery, No. 7000 1670 0001 8777 4335, on November 8, 2002. Service was accepted on November 14, 2002. Ruby D. we~s, Esquire Sworn and subscribed to before me this lOth day of NoYem~f , 20Ol. Notary Public · Complete items 1, 2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, o¢ on the front it space permits. 1. Article Addressed to: Mr, ~_.~L 'i'D. Fo.L~; n q830 _5. v, li lson'RA. F-.I ~ z. Gown K~nJ-I 2. Article Number ('l'ransf~r from service label) PS Form 3811, March 2001 Date of Delive~ -I Y- cz C. Signature D. Is delivery address different from item l?~r-I'Yes If YES, enter delivery address below: ~ gzqo~ Ist ' fo~ M dies Domestic [~elum ~pt 102595-OI-M-1424~ ' r~- Postage $ [~' Cer[ified Fee Return Receipt Fee (Endorsement Required) Restrict~ Deliv~ Fee (Endorsement Require) TO~I Postage & F~s Sent To" ' ~ . S~ t, t. No.; or PO ~ No. J ...................... ~ I c/~, state,¢lP+4 -- -¥ ....... ~- · ................... i ,,,,,/ CARLISLE MPO CARLISLE, Pennsylvania 170132935 11/08/2002 (800)275-8777 12:59:08 PM Sales Receipt ')duct Sale Unit Final icription Oty Price Price [ZABETHT0WN KY 42701 $0.60 -st-Class :lestrtcted Delivery $3,50 ~eturn Receipt $1.75 Certified $2.30 Label Serial #: 70001670000187774335 Issue PVI: $8.15 :al: $8.15 -',~d by: bash $10.00 Change Due: -$1.85 Bill#: 1000200985439 Clerk: 02 Refunds only per DMM P014 -- Thank you for your business -- Customer .m. ~m LAURIE M. FATKIN, Plaintiff V. SCOTT D. FATKIN, Defendant : IN THE COURT OF .COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-5423 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this '~'* day of 7 .a,,~e-.~ _, 2003, upon consideration of the attached Custody Conciliation R6port, it. is ordered and directed as follows: 1. The Mother, Laurie M. Fatkin, and the Father, Scott D. Fatkin, shall have shared legal custody of Kimberly Hope Fatkin, bom January 15, 1989 and Daniel Shane Fatkin, born November 11, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have periods of partial physical custody once counseling begins between Father and Children. The periods of partial physical custody shall occur provided the counselor believes it is appropriate. Said periods of partial physical custody shall occur one weekend per month, as arranged by Father, during the counseling session and for three hours after counseling on Saturdays and on S~mdays from 9:00 a.m. to 12:00 noon. These periods may be unsupervised provided the counselor believes unsupervised periods are appropriate. These periods of partial physical custody may be extended provided the counselor believes it is appropriate. 4. The parties shall sign releases so that the counselor may share information with all parties. 5. Father shall be entitled to a telephone call from the Children every Monday at 6:00 p.m., which the Children shall initiate. 6. Neither parent shall do or say anything nor let anyone in the Children's presence to say or do anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent or hamper the free and natural development of the Children's love and respect for the other parent. In addition, the parents shall not say anything derogatory to the Children. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference may be scheduled by either party once progress in counseling has been achieved. BY THE COURT, cc~uby D. Weeks, Esquire, Counsel for Mother ~~'" .,,t('ara W. Haggerty, Esquire, Counsel for Father Jo LAURIE M. FATKIN, Plaintiff Vo SCOTT D. FATKIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-5423 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND CO1UNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME Kimberly Hope Fatkin Daniel Shane Fatkin DATE OF BIRTH January 15, 1989 November 11, 1990 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held in this matter on January 6, 2003, with the following individuals in attendance: The Mother, Laurie M. Fatkin, with her counsel, Ruby D. Weeks, Esquire, and the Father, Scott D. Fatkin, with his counsel, Kara W. Haggerty, Esquire. 3. An Order of Court was entered by the Honorable Kevin A. Hess dated October 24, 2002 relating to a PFA action. No custody provision was included in the PFA Order. 4. The parties agreed to entry of an Order in the form as attached. Date ~I. Vemey, Esquire Custody Conciliator HAY 1 2 2003 LAURIE M. FATKIN, Plaintiff V. SCOTT D. FATKIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-5423 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ,2o"' day of r~,~ ,2003, upon consideration of the attache-~--~-stody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated January 9, 2003 is hereby vacated. 2 The Mother, Laurie M. Fatkin, and the Father, Scott D. Fatkin, shall have shared legal custody of Kimberly Hope Fatkin, bom January 15, 1989 and Daniel Shane Fatkin, bom November 11, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother shall have primary physical custody of the Children. 3. Father shall have periods of partial physical custody once per month, the date thereof to coincide with counseling with the Children. Father shall have physical custody of Daniel from Sunday at 6:00 p.m. to Monday at 5:00 p.m. Father shall have physical custody of Kimberly for three hours on Sunday and Monday at times agreed by the parties. Father shall advise Mother of the name, location and telephone number of the motel he will be staying in. Periods of partial physical custody with Kimberly shall be increased when deemed appropriate by the counselor. 4. Father shall have partial physical custody of Daniel for four (4) consecutive weeks in July to begin with the July counseling session. This paragraph shall also extend to Kimberly when and if counseling progresses. 5. The parties shall participate in counseling with the children. Both parties shall sign releases so that the counselor may share information with all parties. 6. Father shall be entitled to a telephone call from the Children (and Kimberly during the four (4) weeks that Daniel is with Father), every Monday at 6:00 p.m., which the Children and (Kimberly) shall initiate. The children shall be afforded privacy to talk to the non-custodial parent. Father shall be responsible for the costs of said telephone calls, except during the four (4) weeks that Daniel is with his Father, in which case, Mother shall be responsible for said costs. 7. Father shall be responsible for transportation and exchanges shall occur at the Carlisle Pennsylvania State Police location. 8. Holidays: A. Mother's Day/Father's Day: Mother shall always have physical custody of the Children on Mother's Day. Father shall always have physical custody of the Children on Father's Day. B. Easter/Thanksgiving: Easter and Thanksgiving shall be alternated. The Thanksgiving holiday is from Wednesday evening before Thanksgiving to Monday evening. Easter shall be from Friday evening before Easter to Easter Sunday evening. Father shall have physical custody of the Children for Thanksgiving in 2003 and Easter in 2004. Mother shall Thanksgiving in 2004 and Easter 2005 with the parties alternating thereafter. C. Christmas: The Christmas holiday shall be split and alternated by the parties. The holiday shall begin on the day after the last day of school and end on New Year's Day or the day before school resumes, whichever is later. The parties shall divide the time equally among themselves. Mother shall have physical custody of the Children in odd numbered years for the first half of the holiday and the second half in even numbered years. Father shall have physical custody of the Children in even numbered years for the first half of the holiday and the second half in odd numbered years. D. Others: Memorial Day, July 4th and Labor Day shall be alternated with Mother having Memorial Day in 2003. 9. Neither parent shall do or say anything nor let anyone in the Children's presence to say or do anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent or hamper the free and natural development of the Children's love and respect for the other parent. In addition, the parents shall not say anything derogatory to the Children. Parents shall not quiz the Children as to the other parties' activities or on divorce issues. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Ruby D. Weeks, Es~fiqe~rCe°,~oSu~nfs~rfMor°ther/Fatl~er ~ff~ Kara W. Haggerty, s u LAURIE M. FATKIN, Plaintiff V. SCOTT D. FATKIN, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-5423 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 Children who are the subject of this litigation is as follows: NAME Kimberly Hope Fatkin Daniel Shane Fatkin DATE OF BIRTH January 15, 1989 November 11, 1990 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held in this matter on May 12, 2003, with the following individuals in attendance: The Mother, Laurie M. Fatkin, with her counsel, Ruby D. Weeks, Esquire, and the Father, Scott D. Fatkin, with his counsel, Kara W. Haggerty, Esquire. 3. An Order of Court was entered by the Honorable Kevin A. Hess dated January 9, 2003 providing for shared legal custody, Mother having primary physical custody with Father having three hours once a month on Saturdays and Sundays. 4. The parties agreed to entry of an Order in the Ibrm as attached. Date /d'acqt~line M. Vemey, Esquire Custody Conciliator