HomeMy WebLinkAbout01-2263 FX
David 1. Austin,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff
vs,
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 01- ~ J 1..3 CIVIL TERM
Kelly Fahnestock
Defendant
: CUSTODY
COMPLAINT FOR CUSTODY
1. The plaintiff is David 1. Austin, residing at 436 1st Street, Carlisle, Cumberland
County, Pennsylvania,
2. The defendant is Kelly Fahnestock, residing at 147 N,W. Street, Carlisle, Cumberland
County, Pennsylvania.
3. The plaintiff seeks custody of the following child:
Name
Deric Fahnestock
Present Residence
147 N,W. Street, Carlisle, Pennsylvania.
Age
1V,h
The child was born out of wedlock.
The child is presently in the custody of Kelly Fahnestock, residing at 147 N,W. Street,
Carlisle, Cumberland County, Pennsylvania.
During the child's lifetime, he has resided with the following persons and at the following
addresses:
8/99-12/99
39 N.E. Street, Carlisle, PA
Kelly Fahnestock (Child's mother),
Karen Fahnestock (Child's grandmother),
Randy Rollins (No relation)
12/99- 7/00
167 Old Town Road, Gardners, PA
& 147 Mullbery Ave" Carlisle, PA
Kelly Fahnestock, Tom Ford (No relation)
Kelly Fahnestock, Mary Ford, Chris Ford
(None of the Fords are related to the child)
7/00- 1/01
39 N.E. Street, Carlisle, PA
Kelly Fahnestock and Karen Fahnestock
1/01- 3/01
Kelly Fahnestock, the child's mother, left with the child without telling the father
her whereabouts, The father, does not know where the mother and child resided
for this period of time,
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4/16/01- present
147 N.W. Street, Carlisle, PA
Kelly Fahnestock and current
boyfriend, Steve
Kelly Fahnestock and current
boyfriend, Steve
3/01- 4/16/01
265 Lincoln Street, Carlisle, P A
The mother of the child is the defendant, Kelly Fahnestock, currently residing at 147
N,W. Street,Carlisle, Cumberland County, Pennsylvania,
The mother is single.
The father of the child is the plaintiff, David Austin, currently residing at 4361" Street,
Carlisle, Cumberland County, Pennsylvania.
The father is married.
4. The relationship of the plaintiff to the child is that off ather.
5. The relationship of the defendant to the child is that of mother.
The defendant currently resides with the following persons:
Name
Relationship
Steve
Current boyfriend
6. The plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody ofthe child in this or another court.
7. The plaintiff has no information on a custody proceeding concerning the child pending
in a court of this Commonwealth.
8. The child is in the current physical custody of his mother.
9, The best interest and permanent welfare ofthe child will be served by granting the
relief requested for reasons including the following:
a. The plaintiff is the child's natural father.
b. The father is employed, has housing, and can provide for the child's needs.
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c, The father can provide a more stable environment for the child than the
mother because, unlike the mother, the father is married, and has a stable
home life.
d, Children and Youth Services are currently investigating the mother
regarding the level of care she provides for the child,
e. The mother has not acted in the child's best interest by denying him
contact with the child, and secreting the child from the father.
f, The father is the parent who can best facilitate contact with the child and
the other parent.
10, The father requests primary physical custody of the child.
11. Both parents whose parental rights to the child have not been terminated have been
named as parties to this action,
WHEREFORE, the plaintiff requests this Court to grant primary physical and legal
custody of the child to him with supervised visitation to the defendant at the times and places
agreed upon by the parties,
Respectfully submitted,
Joan Carey
Attorney for Plaintiff
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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VERIFICATION
I, David L. Austin, verify that I am the Plaintiff as designated in the present action and that
the facts and statements contained in the above Complaint are true and correct to the best of my
knowledge. I understand that any false statements are made subject to the penalties of 18
Pa,C,S,s4904, relating to unsworn falsification to authorities.
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David L. Austin
Plaintiff
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David L. Austin,
IN THE COURT OF COMMON PLEAS OF
Plaintiff
v,
CUMBERLAND COUNTY, PENNSYLVANIA
; NO. OI...2~~IVIL TERM
Kelly Fahnestock,
Defendant
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow David L. Austin, Plaintiff, to proceed in forma oauoeris.
I, Joan Carey, attorney for the party proceeding in forma oauoeris, certify that I believe
the party is unable to pay the costs and that I am providing free legal services to the party. The
party's affidavit showing inability to pay the costs oflitigation is attached hereto.
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Attorney for Plaintiff
MIDPENN LEGAL SERVICES
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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AFFIDAVIT IN SUPPORT OF PETITION
FOR LEA VB TO PROCEED IN FORMA PAUPERIS
1. I am the plaintiff in the above matter and because of my financial condition am unable
to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay
the costs oflitigation.
3. I represent that the information below relating to my ability to pay the fees and costs is
true and correct.
(a) Name: David L. Austin
Address: 436 First Street. Carlisle. PA 17013
Social Security Number: 167 62 9144
(b) If you are presently employed, state
Employer: ManPower and Associates (Temp, Agency)
Address: 950 Walnut Bottom Road. Carlisle. PA 17013
Salary or wages per month: Only temp jobs
Type of work: Labor. Production work. industrial
If you are presently unemployed, state
Date of last employment: _
Salary or wages per month:
Type of work:
(c) Other income within the past twelve months
Business or profession: N/ A
Other self-employment: N/ A
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Interest:
Dividends:
Pension and annuities:
Social Security benefits:
Support payments:
Disability payments:
Unemployment compensation and
supplemental benefits:
Worker's compensation:
Public Assistance: NI A
Other: NI A
(d) Other contributions to household support
(Wife) Name: Francis Austin (not employed)
If your (wife) is employed, state
Employer:
N/A
Salary or wages per month:
Type of work:
Contributions from children:
(e) Property owned
Cash:
Checking Account: $40.00
Savings Account:$25.00
Certificates of Deposit:
Real Estate (including home):
Motor vehicle: Make
Year
Cost
Amount owed_
Stocks; bonds:
Other:
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(f) Debts and obligations
Mortgage:
Rent: $446,00/ month
Loans:
Monthly Expenses: Personal: $100,00
Medical:$lO.OO
Recreational:$20,00
Food & Groceries: $200.00
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
Name: Zachary Austin
Age: 2 years old
Deric Fahnestock
Age: 1 Y, years old
4, I understand that I have a continuing obligation to inform the court of improvement in
my financial circumstances which would permit me to pay the costs incurred herein,
5. I verify that the statements made in this affidavit 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.
Signature~ ~~ _~
David L. Austin
Date: ~/Ig/",}
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David L. Austin,
Plaintiff! Petitioner
:IN THE COURT OF COMMON PLEAS OF
v.
:CUMBERLAND COUNTY, PENNSYL V ANlA
. 01
:NO.'.2.J..(,.J CIVIL TERM
Kelly Fahnestock,
Defendant! Respondent
: CUSTODY
TEMPORARY CUSTODY ORDER
AND NOW, this -Z'l' day of 10..;1 ,2001, upon consideration of the attached
Petition for Special Relief, the following Order is entered regarding custody of Deric Fahnestock,
born August 29,1999.
1.
2.
3. Mother shall not remove the child from Cumberland County or from this Court's
jurisdiction.
4. This Order is entered without prejudice to either party to request a hearing.
5. This Order shall remain in effect pending further Order of Court,
By the Court,
Joan Carey
Attorney for Plaintiff
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Kelly Fahnestock
Pro se Defendant
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David 1. Austin,
Plaintiff/ Petitioner
v.
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO.OI-;2;l,(.) CIVIL TERM
Kelly Fahnestock,
Defendant! Respondent
:CUSTODY
PETITION FOR SPECIAL RELIEF
Plaintiff/petitioner, David 1. Austin, by and through his counsel, Joan Carey ofMidPenn
Legal Services, states the following:
1. Petitioner is the above-named Plaintiff, hereinafter referred to as the father, who
currently resides at 436 18t, Street, Carlisle, Cumberland County, Pennsylvania.
2. Respondent is the above-named Defendant, Kelly Fahnestock, hereinafter referred to
as the mother, who, to the best of the Plaintiffs knowledge, resides at 147 N,W, Street, Carlisle,
Cumberland County, Pennsylvania.
3. The above-named parties are the natural parents of Deric Fahnestock, born August
29,1999,
4, The father has filed a Complaint for Custody contemporaneously with the filing of
this Petition for Special Relief and has requested that a Conciliation Conference be scheduled.
5. It is in the child's best interest to be in the custody of the father for reasons including
the following:
a.)
b,)
c.)
d.)
e,)
The father is employed, has housing, and can provide for the child's needs,
The father can provide a more stable environment for the child than the
mother because, unlike the mother, the father is married, and has a stable
home life.
Children and Youth Services are currently investigating the mother
regarding the level of care she provides for the child.
The mother has not acted in the child's best interest by denying him
contact with the child, and secreting the child from the father.
The father is the parent who can best facilitate contact with the child and
the other parent.
6. Without this Court's intervention, the child will be harmed by being further denied
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his father's care,
7. The father fears that the mother will again secrete the child from him and remove
him from this court's jurisdiction and request that the court enjoin her from doing so.
WHEREFORE, Plaintiff/petitioner requests the following:
a) Grant the Plaintiff temporary custody of his child subject to visitation with the
mother pending further order of court following a conciliation conference.
b) Order that the mother not remove the child from Cumberland County and this
Court's jurisdiction.
c) Any other relief this Court deems just and proper.
Respectfully submitted,
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Carey
Attorney for Plaintiff! Petitioner
MidPenn Legal Services
8 Irving Row
Carlisle, P A 17013
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VERIFICATION
I, David 1. Austin, verify that I am the Petitioner as designated in the present action and that
the facts and statements contained in the above Petition are true and correct to the best of my
knowledge. I understand that any false statements are made subject to the penalties of 18
Pa,C.S,!j4904, relating to unsworn falsification to authorities,
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David 1. Austin ~
Plaintiffi'Petitioner
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DAVID L. AUSTIN
PLAINTIFF
V.
KELLY FAHNESTOCK
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2263 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW,
Friday, April 27, 2001
, 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, May 09, 2001 at 1:30 p.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. 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 fnrnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the couciliator 48 hours prior to scheduled heariug.
FOR THE COURT,
By: Isl
Jacqueline M. VernfOl. Esq../Jl
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 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
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01 APR 2-1 PH I: 50
CUMBEFJLi\ND COUNTY
PENNSYLVANIA
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David 1. Austin,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO.Ol-2:u.J CIVIL TERM
Kelly Fahnestock,
Defendant
CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached complaint, it is hereby directed that the
parties and their respective counsel appear before ,the conciliator,
at on the _ day of ,2001, at _ ,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. Failure to appear atthe 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.
By the Court,
Date
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166 OR (800) 990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities 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.
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David L. Austin,
Plaintiff
:IN THE COURT OF COMMON PLEAS
:
:OF CUMBERLAND COUNTY, PENNSYLVANIA
vs.
:NO. 01-2263
CIVIL ACTION
Kelly Fahnestock,
Defendant
: CUSTODY
CERTIFICATE OF SERVICE
I,b""AM-M ~s7lJ do hereby certify that on the sf;? day
of c1Z,11~ , 2001, I served a true and correct copy of the
foregoing petition for Special Relief, Temporary Order and
Complaint of Custody Order on /.{eIl'1 f.t1{U.1es 7Q:Ic, at the
address set forth below, by personal service.
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'JUN 2 2 2001'tfJ
DAVID L. AUSTIN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLV ANIA
V.
: NO. 2001-2263 CIVIL TERM
KELLY FAHNESTOCK,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this v;:! dayof~~ ,2001, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1, The prior Order of Court dated April 24, 2001 is hereby vacated,
2, The Father, David 1. Austin, and the Mother Kelly Fahnestock, shall have
shared legal custody of Deric Fahnestock, born August 29,1999. 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 her health, education and religion.
3,
The Mother shall have primary physical custody of the child.
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4.
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The Father shall have the following periods of partial physical custody:
A. Beginning Jnne 23, 2001 and continuing for two consecutive weeks,
supervised periods on Saturdays from 10 a.m. to 4 p,m. and Tuesdays
from 2:00 p.m. to 5:00 p.m, Father's parents shall be the supervisors.
B. Once there are four such supervised visits, then Father shall have
unsupervised physical custody continuing for four consecutive weeks on
Saturdays from 10:00 a,m, to 4:00 p,m, and Tuesdays from 1:00 p,m. to
6:00 p.m.
C, Once there are eight such periods of physical custody, then Father shall
have alternating weekend custody from Friday at 6:00 p,m, to Sunday at
6:00 p.m.
5, The parties shall alternate the Christmas holiday, Block A shall be from
12:00 Noon Christmas Eve until 12:00 Noon Christmas Day and Block B shall be from
12:00 Noon Christmas Day until 12:00 Noon on December 26. Mother shall have Block
A in odd numbered years and Block B in even numbered years, Father shall have Block
A in even numbered years and Block B in odd numbered years,
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6, The parties shall share the Thanksgiving holiday such that Father shall
have custody of the child from 8:00 a,m. to 2:00 p,m. and Mother shall have custody of
the child from 2:00 p.m, to 8:00 p,m,
7. The parties shall share and alternate the Easter holiday from the hours of
8:00 a.m. to 2:00 p.m. and 2:00 p,m. to 8:00 p.m. with Father having the child in even
numbered years from 8:00 a.m. to 2:00 p.m. and Mother having the child from 2:00 p.m.
to 8:00 p.m. in even numbered years.
8. Father shall have custody of the child on Father's Day and Mother shall
have custody of the child on Mother's Day at times agreed by the parties.
9, Each party shall have a block of time with the child on his birthday.
10. The parties shall provide 30 day notice to the non-custodial parent in the
event the child is to leave the Commonwealth of Pennsylvania. Along with notice, an
address and telephone number where the child can be reached shall be provided.
11. The parties shall share transportation.
12. In the event either party is in need of babysitting services for longer than
four hours during their period of custody, the custodial parent shall contact the other
parent with the opportunity to provide care for the child before arranging for a third party
to baby sit. This provision shall only apply if the non-custodial parent is available to care
for the child. .
13. The parties shall keep each other advised immediately relative to any
medical care or medical emergencies concerning the child and shall further take any
necessary steps to ensure that the health and well being of the child is protected. During
such illness or medical emergency, both parents shall have the right to visit the child as
often as he/she desires consistent with the proper medical care of the child.
14. This Interim Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference, Either party may. contact the Custody Conciliator
within 60 days of the Conciliation Conference to modify this Order. 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, . /
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cc: David Lopez, Esquire, Counsel for Father /
Derek R. Clepper, certified legal intern, Counsel for Mother
Teri Henning, Esquire, Family Law Clinic
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JUN 2 22001tJ17
DAVID L. AUSTIN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYL V ANIA
V.
2001-2263 CIVIL TERM
KELLY FAHNESTOCK,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
PRIOR JUDGE: Kevin A. Hess
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 ofthis
litigation is as follows:
NAME
DATE OF BIRTH CURRENTLY IN CUSTODY OF
Deric Fahnestock
August 29, 1999 Mother
2. A Conciliation Conference was held in this matter on June 20, 2001, with
the following individuals in attendance:, The Father, David L. Austin, with his counsel,
David Lopez, Esquire, and the Mother, Kelly Fahnestock, with her counsel, Derek R.
Clepper, certified legal intern, Family Law Clinic and Teri Heuning, Esquire, supervising
attorney,
3, The parties agreed to entry of an Interim Order in the form as attached,
G -:/--1-0 I
Date
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Custody Conciliator
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