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HomeMy WebLinkAbout99-03391 RICHARD ETTER and SUSANNE ETTER, Plaintiffs BY THE COURT, V. REBECCA S. MOWER And DEAN A. FOGEL, Defendants CIVIL ACTION - LAW NO. 99-3391 CIVIL TERM ORDER OF COURT AND NOW, this ( C, day of June, upon consideration of Plaintiffs' Motion for Emergency Custody and for Hearing on Tempoary Custody, a hearing is scheduled for Monday, June 21, 1999, at 8:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Richard M. Morris, Jr., Esq. 318 E. King Street Shippensburg, PA 17257 Attorney for Plaintiffs Rebecca S. Mower Room 512 Molly Pitcher Hotel 13 S. Hanover Street Carlisle, PA 17013 Defendant, Pro Se Dean A. Fogel P.O. Box 339 Hustonville, PA 17229 Defendant, Pro Se IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J. esley Oler, Jr. -) :rc J 4, 0 JUN 0 41999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Richard Etter and : Civil Action - Law Susanne Etter, Plaintiffs C)9 - 2-1Z91 C: A ATerrn V. : No.f ft t599 - Rebecca S. Mower and Dean A. Fogel, Defendant : Custody ORDER OF COURT NOW this day of 1999, upon the petition of plaintiffs Richard Etter and Susanne Etter, It Is ordered that Richard Etter and Susanne Etter are granted immediate custody of Kimberly Sue Fogel and Stephanie Renee Fogel and the Sheriff of Cumberland County or other law enforcement officer is authorized to enforce this order immediately. Further, a hearing is set for the day of _, 1999, at O' Clock, in Courtroom _, of the Cumberland County Courthouse, Carlisle, PA, 17013, to determine temporary custody until such time as a final order is entered by the court. J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Richard Etter and : Civil Action - Law Susanne Etter, Plaintiffs V. : No.R-3889 - Rebecca S. Mower and Dean A. Fogel Defendant : Custody PETITION FOR EMERGENCY CUSTODY AND FOR HEARING ON TEMPORARY CUSTODY NOW, come Richard Etter and Susanne Etter by and through their attorney Richard M. Morris, Jr. and petition the court as follows; WHEREAS: 1. The children Kimberly Sue Fogel and Stephanie Renee Fogel have been in the custody of the plaintiffs since December 1998, until last weekend when defendant Rebecca S. Mower failed to return the children from a weekend visitation. 2. The mother has not had the children in school since last weekend. 3. The mother is not providing for the food, clothing and medical needs of the children. Particularly, limberly has not had necessary medication since last weekend. 4. Mother has a history of mental illness and suicide attempts. 5. Mother's new husband has a propensity to violence as displayed Is assaulting plaintiffs' son within the last week. 6. The mother is living In a room in the Molly Pitcher Hotel which Is Inadequate for two adults and two children. WHEREFORE, plaintiffs respectfully request that the court grant emergency temporary custody to plaintiffs and set up a hearing on temporary custody, R Ily suubb Itted, Rlcha ortis, 318 E. King St. Shippensburg, PA 17257 (717) 530 - 8579 ID #74454 I verify that the statements made in this Complaint are true dhd correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Sec. 4804, relating to unswom falsification to authorities. RICHARD ETTER ?C s SUSANNE ETTER w W U-1 4. , ? u Cz. Ca.?C -J .LIW mcL O T U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Richard Etter and :Civil Action Law Susanne Etter, Plaintiffs V. :No. F F log Rebecca S. Mower and Dean A. Fogel Defendant : Custody ORDER OF COURT AND DIRECTIVE FOR CONCILIATION NOW This day of 1999. This order will notify Rebecca S. Mower and Dean A. Fogel, that you Have been sued in Court to obtain partial custody of the children: Kimberly Sue Fogel Age 8 years Stephanie Renee Fogel Age 7 years It is ordered and directed that , Esquire, the Court's Child Custody Conciliation Officer, is hereby directed to conduct a Conciliation Conference on 1999, at o'clock M. at the assigned room of the Cumberland County Courthouse, Fourth Floor, Carlisle, Pennsylvania 17013. The anticipated length of the Conciliation Conference is one hour. The parties along with their legal counsel shall appear in person at the designated time for the Conciliation Conference. A memorandum shall be furnished to the Conciliator at least two days prior to the scheduled Conciliation Conference pursuant to 39th Judicial District Rule No. 1915.3 (b)(8). Failure to provide a Memorandum may result in the imposition of sanctions. At the Conciliation Conference an effort will be made to see if the Issues can be resolved by an agreement between the parties. If an agreement cannot be reached, the Conciliator will assist in defining and narrowing the issues to reduce the time required for hearing by the Court. At the conclusion of the Conference, the Conciliator will prepare a Conference Summary Report for further action by the Court. You have the right to be represented by an attorney who may attend the Conciliation Conference with you. If you have not secured an attorney by the date of the scheduled Conciliation Conference, you shall nevertheless personally appear at the time scheduled for the Conciliation Conference without an attorney. Rebecca S. Mower and Dean A. Fogel are notified that if you fail to appear as provided by this Order, an Order of Court for Custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. Pending the hearing, plaintiff shall have full physical custody of the children. ?- ;? ? c ? u?'? c?-_ O i .,. f1- `. ? i - ? ? ??_. : . :: : -,» _ ?? - ` ,1 ', .;. r l fL ' CI1 ; - . _-? i 1? Etter & Etter v Mower & Fogel F.R. 1999- Page 2 The Defendant is hereby notified that if she disputes the Plaintiffs averments regarding the current status of the custody arrangements and this Order entered on the basis of these averments, she has the right to request a prompt conference with the Court. If the matter of temporary custody arrangements is not resolved at the conference, the Court may in atypical situations and at its sole discretion schedule a brief hearing limited to the issues of determining temporary custody arrangements pending the scheduled Conciliation Conference. j The parties and their legal counsel, if applicable, are hereby directed to engage in I meaningful negotiations to resolve this matter prior to the scheduled Conciliation Conference. i 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. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA only) or 1-717-238-6715 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 accomodatlons 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. By the Court, J. Richard Etter and Susanne Etter, Plaintiffs V. Rebecca S. Mower and Dean A. Fogel IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA : CIVILACTION LAW yq- 3391 C'& Twlr No.eR i999- c7 .n 7 r- v l i ? T ( L p T Defendants r ` :CUSTODY y,?! ? ?m COMPLAINT FOR CUSTODY v 1. The Plaintiffs are Richard Etter and Susanne Etter, the maternal grandparents, who reside at 17 Etter Rd., Newburg, PA 17240. i 2. The Defendants are Rebecca S. Mower, the mother, who resides at Room 512, Molly Pitcher Hotel, 13 S. Hanover St., Carlisle, PA 17013 and Dean A. Fogel, the father, who resides at P.O. Box 339, Hustonville, PA 17229 3. Plaintiff seeks partial physical custody of the following children: NAME PRESENT ADDRESS AGE Kimberly Sue Fogel 17 Etter Rd. 8 YEARS Newburg, PA 17240 Stephanie Renee Fogel SAME 7 YEARS The defendants were married at the birth of the children. The children presently are in the custody of Rebecca S. Mower, 512 Molly Pitcher Hotel, 13 S. Hanover St., Carlisle, PA 17013. During the past five years, the children have resided with the following persons and at the following addresses: DATES PERSONS ADDRESS 05/29/99 TO CURRENTRebecca S. Mower 512 Molly Pitcher Hotel 13 S. Hanover St. Carlisle, PA 17013 12/98 TO 05/29/99 Richard & Susanne 17 Etter Rd. Etter Newburg, PA 17240 PRIOR TO 12/98 Rebecca S. Mower & `Various addresses Dean A. Fogel All in Cumberland with the exception of a brief period when they lived in Dover, York County. The mother of the children Is Rebecca S. Mower who resides at 512 Molly Pitcher Hotel, 13 S. Hanover St., Carlisle, PA 17013. She is married. The father of the children is Dean A. Fogel. He resides at P.O. Box 339, Hustonville, PA 17229. He is not married. The relationship of Plaintiffs to the children is that of maternal grandparents. They reside with no other people except the children. 5. The relationship of Defendants to the children is the natural parents. Mother lives with her husband Robert Mower. Father lives with an unrelated female whose name is unknown. 6. Plaintiffs have not participated in any custody action regarding the custody of Kimberly Sue Fogel or Stephanie Renee Fogel, in this or any other Commonwealth. To the best of Plaintiffs knowledge there have been no custody proceedings regarding the custody of the above named children, in this or any other Commonwealth. Plaintiff does not know of any other person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The relief requested is in the best interests of the children in that: A. The children have been in the custody of the plaintiffs since December 1998 and desire to remain in plaintiffs' custody. B. Mother does not keep the children in school when they are in her custody. They have been away from periods of schooling five times during the portion of this school year in which she has custody. C. The mother fails to provide for the food, clothing and medical needs of the clildren. D. The mother moves too frequently for the children to develop any stability in their lives. E. The mother has a history of mental illness, including numerous hospitalizations and suicide attempts. F. The father does not desire custody of the children. Each parent whose parental rights have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the chiidrer will be given notice of the pendency of this action and right to intervene: NONE. 9. To the best of the Plaintiffs knowledge the Defendant is not represented by counsel in this matter. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter an Order granting primary physical custody with such partial custody to the Defendants as the Court may deem appropriate. Resp lfully submi led, g' Richard orris, r. Attorney for Plaintiff 316 E. King St. Shippensburg, PA 17257 (717) 530-8679 ID # 74454 DATE: I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Sec. 4904, relating to unswom falsification to authorities. RICHARD ETTER SUSANNE ETTER : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V : CIVIL ACTION LAW : NO. CIVIL 19 Defendant : CUSTODYNISITATION ORDER OF COURT AND NOW, this _ day of 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 19 at M., for a Prehearing 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 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. FOR THE COURT: By: 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 FOR BELOW TO FINS OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION LAW : NO. CIVIL 19 Defendant : CUSTODYNISITATION AND NOW, this _ day of 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 19 at M., for a Prehearing 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 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. FOR THE COURT: By: 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 FOR BELOW TO FINS OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 V : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. CIVIL 19 Defendant : CUSTODY/VISITATION AND NOW, this _ day of upon hereby directed that the parties and th the conciliator, on the day of consideration of the attached complaint, it is eir respective counsel appear before at _, 19 , at M., for a Prehearing 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 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. FOR THE COURT: By: 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 FOR BELOW TO FINS OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF Plaintiff" :CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION LAW NO. CIVIL 19 Defendant : CUSTODYNISITATION AND NOW, this _ day of 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 19 at M., for a Prehearing 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 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. FOR THE COURT: By: 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 FOR BELOW TO FINS OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 RICHARD ETTER and SUSANNE ETTER, Plaintiffs V. REBECCA S. MOWER and DEAN A. FOGEL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3391 CIVIL TERM CUSTODY ORDER OF COURT AND NOW, this 21st day of June, 1999, upon consideration of Plaintiffs' Motion for. Emergency Custody, and following a hearing on temporary custody with respect to the grandchildren of Plaintiffs and children of the Defendants, Kimberly Sue Fogel (date of birth June 12, 1991) and Stephanie Renee Fogel (date of birth December. 15, 1992), pursuant to an agreement of the parties, and pending the custody conciliation conference scheduled for August 13, 1999, and further order of court, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties. 2. Physical custody of the children shall be as follows: 1. From the present date until June 30, 1999, physical custody shall be in the mother, Rebecca S. Mower. 2. From June 30, 1999, until July 11, 1999, physical custody shall be in the grandparents, Richard Etter and Susanne Etter. 3. Thereafter, physical custody shall be alternated on a weekly basis between the grandparents and the mother, with the father, Dean A. Fogel, having physical custody at such times as the parties mutually agree. 4. Transportation for the exchanges of 12 21 A ®r i" 40 40.- custody provided for herein shall be the responsibility of the grandparents. 5. Exchanges of custody shall occur at 6:00 p.m. This order is entered subject to reservation by Defendant Rebecca S. Mower of her right to argue that the grandparents do not have standing in this matter. By the Court, Richard M. Morris, Jr., EsgYi 318 East King Street Shippensburg, PA 17257 Attorney for Plaintiffs Andrea M. Levy, Esquire Legal Services, Inc. Attorney for Defendant Mower Dean A. Fogel P.O. Box 339 Hustonville, PA 17229 Defendant, Pro se :srs Richard Etter and Susanne Etter, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-3391 CIVIL TERM Rebecca S. Mower, Defendant : Custody r_` a rs . CUSTODY ORDER AND NOW, this d day of August, 1999, upon consideration of the parties' tons'ent Agreement, the following Order is entered with regard to custody of the defendant's children and the plaintiffs' grandchildren, Kimberly Sue Fogel (DOB 6/12/91) and Stephanie Renee Fogel (DOB 12/15/92). Plaintiffs, hereinafter referred to as the grandparents, and Defendant hereinafter referred to as the mother, shall share legal custody of the children. 2. Physical custody of the children shall be according to the following schedule: a. From this date until September 17, 1999, the grandparents shall have primary physical custody of the children. b. During the 1999-2000 school year and all school years thereafter, the grandparents shall have primary physical custody of the children, with the mother having partial physical custody of the children every other weekend beginning September 17, 1999, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. c. Once the 1999-2000 school year ends and for all summers a thereafter, the parties shall share physical custody of the children on a week on, week off schedule with exchange of custody taking place each Friday at 6:00 p.m at a location agreed upon by the parties. d. If, during one of the mother's periods of physical custody , she is residing in a homeless shelter or The Molly Pitcher Hotel, then the mother shall not have physical custody of the children overnight. Yhc moiher shall, nowever, have cull access to the children at ail times, other than overnights, during her scheduled periods of partial custody. e. In the event that the grandparents are dissatisfied with the mother's housing arrangements for the upcoming summer custody schedule in the year 2000, the grandparents shall have the right to request a conciliation conference be held. 3. The parties shall share custody the children on the following holidays: Easter, Memorial Day, the Fourth of July, Labor Day, Thanksgiving, and Christmas at times agreed upon by the parties. a. The mother ,h;;ll La, c tiw right to see the childien oa their irrthdays at a time to be agreed upon by the grandparents and the mother. 5. Either party shall have the right to one vacation period with the children to include two consecutive weeks, upon 30 days notice to the other party. 6. The grandparents and the mother, by mutual agreement, may vary from this schedule at any time, but the order shall remain in effect until further order of court. The non-custodial party shall have reasonable phone contact with the children. 8. The grandparents shall be responsible for transportation of the children to and from the custody exchange. 9. The grandparents and the mother agree that each shall notify the other immediately of medical emergencies which arise while the children are in that parties care. i0. Neither party shall do anything which .ray estrange the children from the other party, or injure the opinion of the children as to the other party or which may hamper the free and natural development of the children's love or respect for the other party, By the Court, If entered pursuant to the consent of Plaintitts and ucienaant: Richard Etter Plaintiff Susanne Etter Plaintiff Richard Moms Attorney for Plaintiff /.KLA Rebecca Mower Defenda drea Le Attorney or ndant c> ? : - CL. a. lJ (: 61 IlJ V Qt (P rJ t a SEP 14 i99?? RICHARD ET-I'ER, Plaintiff v REBECCA S. MOWER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3391 CIVIL IN CUSTODY 11 COURT ORDER ` AND NOW, this day of September, 1999, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. BY THE COURT, Q?t?9? Hubert X. Gilroy, E Custody Conciliat r ,. _. ?- r__ ,. :: : - , ' .. , I ,; ._ ,; ; , -' . ° ' ? r>> ? ? ,; --- _.;: ?:_ ';,,, ?., ? „ ,.?, ?? -% ,:, c? 0- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Rebecca S. Socash, - Plaintiff _VS_ Richard Etter, Susanne Etter, CIVIL ACTION - LAW Case #: _T1 - ?,539/ - Defendant(s) CUSTODY PETITION FOR EMERGENCY CUSTODY AND HEARING FOR MODIFICATION OF CUSTODY NOW, comes Rebecca S. Socash by and through herself as self-representation and petition the Court for Emergency Custody for the reason(s) as follows: WHEREAS: 1) the child Stephanie R. Fogal has been in the custody of the defendant(s) since June 1999 and for the last several months have not been taking care of Stephanie R. Fogal properly; 2) the grandparents have not been taking care of Stephanie R. Fogal's mental & spiritual well-being; 3) said child Stephanie R. Fogal is not on the proper medication(s) and the defendants refuse to get her the proper ones; 4) defendant's are not allowing proper communication to plaintiff as set forth in prior court proceedings, and as well has tried to deter said child from wanting anything to do with the plaintiff, 5) said child is on the verge of a "mental breakdown" because the defendant's are not doing what is necessary to properly assist the child; r14 6) said child has remained in defendant's custody until previous said date and now so chooses to stay with the plaintiff, whereas, the defendants are trying to force said child not to leave their custody. Said child is fifteen (15) years of age; 7) said child's relationship to the defendant's is "grand-daughter". Child's relationship to plaintiff is "daughter". 8) the relief is based solely upon said child's best interest WHEREFORE, plaintiff respectfully requests that the Court enter an order granting primary physical custody through this "Petition for Emergency Custody" with such partial custody to the defendant as the Court may deem appropriate for the best of well-being for said child. As well, that this special relief may be granted until plaintiff's "Petition for Modification of Custody" be taken into effect. I verify that the above statements made in this Petition are true & correct to the best of my knowledge. I understand that false statements herein are subject to penalties of 18 Per. C.S. Sec. 49041 relating to un-sworn falsification to authorities. Respectfully Submitted. Rebecca S. Socash Date: NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 ..? r 4-isc. P R' D- 3 S 1-9 -5- 3 6 '' rte. r T IN THE COURT OF COMMON PLEAS CIVIL LAW CUMBERLAND COUNTY, PA Date: Docket #: .9?-d39/ Richard G. Etter. Susanne K. Etter. DEFENDANT(S) - VS - Rebecca S. Socash PLAINTIFF PETITION TO MODIFY CUSTODY The plaintiff, Rebecca S. Socash, does hereby file this "Petition to Modify Custody" for the below listed reasons. Plaintiff is filing said petition for original custody order of her youngest daughter, Stephanie R. Fogal. Plaintiff resides at the following address: 105 Zeigler Park Road Windsor, PA 17366 Residence is a very stable living area & contains all the necessities of living such as food, clothing, heat, schooling, rooming, etc. Defendants & Stephanie R. Fogal live at the following address: 17 Etter Road Newburg, PA 17240 The child is currently is the primary custody of defendants at said residence. The relationship to Stephanie R. Fogal is "Grandparents". Stephanie R. Fogal is currently fifteen (15) years of age. The child, Stephanie R. Fogal, has lived with the grandparents of the plaintiff for the last eight (8) years. Plaintiff is currently awaiting the final divorce proceedings to her most current husband (not the father of said child mentioned is thus custody order). The blood father of said child is one Dean A. Fogal. Mr. Fogal had signed over his rights to any custody or regarding to the child by law as of June 1999. The plaintiff has participated as a party/witness, or in other capacity, in other litigation concerning the custody of the child in this court. The court, term & number and its relationship to this action of Docket#: 99-3391 (Cumberland County, PA). Plaintiff has no information of any other custody proceeding concerning said child pending in a court of this Commonwealth or any other. The best interest(s) and permanent welfare of the child will be served by granting thee full relief requested per the following facts: a) the original court proceedings for said child was to be for a temporary period of time until the plaintiff could create a stable residence for the child, b) child in previous custody agreement has had several problems with the local law enforcement and cannot seem to stay out of them because of her current living situation, c) child has requested to live with her mother, the petitioner, for several months now and is of the age to choose who she lives with, d) child in current proceedings is not being cared for in either her mental or spiritual well-being, e) child is currently on medications that are not working & the defendant(s) refuse to have them changed, f) child has "run away" several times from the defendants because she does not want to live with them because of how she is being treated while living with them, g) child needs to be with her mother, the plaintiff, whereas she is not getting the attention she needs in her current living situation. h) the original petition for custody (99-3391) states as exact the following: "10... Neither party shall do anything which may estrange the children from the other party, or injure the opinion of the children as to the other party or which may hamper the free and natural development of the children's love or respect for the other party. whereas the defendants have slandered the plaintiff on several occasions in front of , a t the child, i) one defendant, the grandmother, has been blaming the child for her own faults & demeaning the child because of her mental health, j) one defendant, the grandmother, has stated on several occasions that she herself cannot handle the upbringing of said child, k) defendants have failed to transport the child for visitation to and from petitioner as made in original custody agreement, 1) defendants have failed to share major holidays of child with petitioner as made in original custody order, m) petitioner has only seen said child (and her sister, also petitioner's daughter) for one birthday each, which has not been complied with as made in original custody order, n) during said child's' mental health issues, one of the defendants, the grandmother Susanne K. Etter, has failed to let plaintiff know what has been happening except for the last three to four weeks, o) one defendant, the grandmother, has stated on several occasions that she may place the child in another living setting that does not involve the petitioner without getting authority to do so; which goes against the original custody agreement). THEREFORE, petitioner acknowledges that this petition is being made to benefit the sole welfare of said child, Stephanie R. Fogal. Wherefore, petitioner requests that the Court take into consideration all items listed herein so that it may benefit said child and release full permanent custody to plaintiff. Petitioner verifies that the statements made in this petition are true & correct to the best of her knowledge. Petitioner understands that any and all false statements herein are made subject to penalties of 18 Pa.C.S (4904) relating to un-sworn falsification to authorities. r J?f?C?RJ? Rebecca S. Socash Petitioner Date: ? ,&,4 .c_ Aa?6 41 S"'1,. 4 `?.? ' am © N r ? - , l ' r., ? ? : ?, _ , , ?, ?b "' ._ ?" ? ?.;. -"?. U1 .? ?? RICHARD ETTER and SUSANNE ETTER, Plaintiffs V. REBECCA S. MOWER n/k/a REBECCA S. SOCASH and DEAN A, FOGEL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3391 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of May, 2008, upon consideration of Defendant Rebecca S. Socash's Petition for Emergency Custody and Hearing for Modification of Custody, this matter is referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral for a conciliation conference. BY THE COURT, J. ? Richard Etter and Susanne Etter 17 Etter Road Newburg, PA 17240 Plaintiffs, pro Se .Rebecca Sue Socash 105 Zeigler Park Road Windsor, PA 17366 Defendant, pro Se N w.3 1 1 l? d S •? Nd 9- ag Z 40 Dean A. Fogel P.O. Box 339 Hustonville, PA 17229 Defendant, pro Se .?-?-oar C-4f ,ts m„rte. RICHARD G. ETTER, SUSANNE K. ETTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. REBECCA S. SOCASH DEFENDANT 1999-3391 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 07, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 05, 2008 __ at 9:30 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. 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/ Hubert X. Gilroy, Es q. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?,,,??J ?o-?-s ?? ? ? $Q L, s /?v yep ?? ? ?'??? ?? ??? ?? ?? ?? ? ? ????? ??_ JUN 0 9 2008 RICHARD G. ETTER and IN THE COURT OF COMMON PLEAS OF SUSANNE E. ETTER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v CIVIL ACTION - LAW REBECCA S. MOWER n/k/a REBECCA S. SOCASH and NO. 1999-3391 DEAN A. FOGEL, Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler COURT ORDER AND NOW, this I I `lday of June, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This court's prior order of August 24, 1999, is modifies as follows: A. The mother, Rebecca S. Socash, shall have legal custody and physical custody of Stephanie Renee Fogel, born December 15, 1992. B. The maternal grandparents, Richard G. Etter and Susanne E. Etter shall no longer have any custodial rights or obligations with respect to Stephanie. 2. The prior order of August 24, 1999, as it relates to Kimberly Sue Fofel shall continue with the maternal grandparents, Richard G. Etter and Susanne E. Etter, having custody rights as set forth in said order. BY THE COURT, cc: ? .and Mrs. Richard G. Etter ? Ms. Rebecca S. Socash copy-es rn %ttCFat, l J. c? ?` -,. ?: a`? ? i ?r c? ,? .P??..? ? -'- a (,?,,, ? C?J 1 ' RICHARD G. ETTER and SUSANNE E. ETTER, Plaintiff v REBECCA S. MOWER n/k/a REBECCA S. SOCASH and DEAN A. FOGEL, Defendant PRIOR JUDGE: J. Wesley Oler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 1999-3391 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Kimberly Sue Fogel, born June 12, 1991, and Stephanie Renee Fogel, born December 15, 1992. 2. A Conciliation Conference was held on June 5, 2008, with the following individuals in attendance: The maternal grandparents, Richard G. Etter and Susanne E. Etter, and the mother, Rebecca S. Socash. The father was not present and is not involved with the children. 3. The parties agree to the entry of an Order in the form as attached. Date: b CIs Z?pv Hubert Gilroy, Esquire Custod Conciliator