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HomeMy WebLinkAbout99-046111 111 1 _'a:e ? 0 ? I M L7 a a H H pj H x 6 LL C ? U O rr n q V Q W H LL ? H ' W W O /1 8 6 6 W W 3 ? Eu a F -7 o, a J C) H F s MICHAEL A. FRANCHITTI, : IN THE COURT OF COMMON PLEAS PLAINTIFF, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 1999 - A/(? ?? (t c? i ` 1 F 2rr1 KATHLEEN MARBACH, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR CUSTODY ORDER AND NOW, this _?_ day of J 1999, upon consideration of the attached motion, it is hereby directed that the parties and their respective counsel appear before Mai \ L. arrk So,, the conciliator, at 11 11C1Y?_ on the ?C day of ?t?rPMCJeC 1999, at o'clock p.m., for the 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 shall 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) (1) 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. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, FOURTH FLOOR CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 51/0 MICHAEL A. FRANCHITTI, : IN THE COURT OF COMMON PLEAS PLAINTIFF, : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO. 1999 KATHLEEN MARBACH, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this 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 without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint 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 YOURLAWYERAT 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. Court Administrator Cumberland County Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 MICHAEL A. FRANCHITTI, PLAINTIFF, VS. KATHLEEN MARBACH, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - `ILII C` `[ Lru"' : CIVIL ACTION - LAW : ACTION FOR CUSTODY NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. MICHAEL A. FRANCHITTI, PLAINTIFF, V9. KATHLEEN MARBACH, DEFENDANT COMPLAINT FOR CUSTODY MODIFICATION AND NOW, comes the Plaintiff MICHAEL A. FRANCHITTI, by and through his attorneys, Gates & Associates, P.C. and makes the following Complaint for Custody. 1. Plaintiff is MICHAEL A. FRANCHITTI, who currently resides at 6016 Falmont Drive, Morrisville, Bucks County, Pennsylvania, 19067. 2. Defendant is KATHLEEN MARBACH, who currently resides at 624 Hummel Avenue, Lemoyne, Pennsylvania, 17043. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 1999-y(,II ?ure ?w : CIVIL ACTION - LAW : ACTION FOR CUSTODY 3. Plaintiff seeks Shared Legal and Partial Physical Custody of the following minor child: NAME ADDRESS DATE OF BIRTH JENNIFER ANN MARBACH (aWa Jennifer Franchitti) The child was born out of wedlock. 624 Hummel Avenue Lemoyne, PA 17043 May 23, 1985 Jennifer Ann Marbach is presently in the custody of the Defendant, Kathleen Marbach, who resides at 624 Hummel Avenue, Lemoyne, PA 17043. 4. Since the child's birth the child has resided with the following persons at the following addresses: PERSONS ADDRESSES DATES Plaintiff and Defendant Comly Street Birth - 5/86 Philadelphia, PA Defendant and 3951 "J" Street 5/86 - 5/88 her parents, Joseph and Philadelphia, PA Defendant's grandmother Defendant and California 5/88 - 5/91 Paramour Defendant Camp Hill, PA 5/91 -5/97 Defendant 624 Hummel Avenue 5/97 - present Lemoyne, PA 5. The Mother of the child, is the Defendant, Kathleen Marbach, who currently resides at 624 Hummel Avenue, Lemoyne, Cumberland County, PA 17043. The Mother is single. 6. The Father of the child is the Plaintiff, Michael A. Franchitti, who currently resides at 6016 Falmont Drive, Morrisville, Bucks County, PA 19067. The Father is single. 7. The relationship of the Defendant, Kathleen Marbach, to the child is that of natural Mother. It is Plaintiffs belief the Defendant currently resides alone with the child. 8. The relationship of the Plaintiff, Michael A. Franchitti, to the child is that of natural Father. The Plaintiff currently resides with the following persons: his parents, Mr. & Mrs. Franchitti. 5 9. Plaintiff was prevented from enjoying any visitation with his daughter in 1991 when the daughter was living in California. Plaintiff sought and received a custody order granting Plaintiff the ability to enjoy visitation with his daughter. (Please see a copy of the custody order from California, attached hereto and made a part hereof at Exhibit "A"). 10. Defendant is again denying Plaintiff the ability to visit with his daughter, unless he obtains a legal order to do so. 11. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 12. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff has demonstrated a continuous interest in his daughter and desire to be a participant in her life; B. Plaintiffs daughter had indicated she would like to visit with her father; C. Defendant has demonstrated continuous actions directed toward preventing and limiting any contact which the Plaintiff is able to have with his daughter; D. Plaintiff has demonstrated the ability to maintain his health to enable him to be able to interact with his daughter with a stable and secure environment; E. Defendant-Petitioner believes it is in the best interests of his daughter to have a meaningful, ongoing secure and predictable relationship with both her natural parents. 13. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, MICHAEL A. FRANCHITTI, respectfully requests this Honorable Court to enter an Order: A. Awarding Plaintiff Partial Physical Custody of his daughter, Jennifer Ann Marbach, for regular visitation as can be arranged and agreed upon by the parties. Respectfully Submitted, DATE: July -2,? , 1999 --Gates & Associat s, P.C. Susan Kay Ilo, Esquire Counsel for Defendant-Petitioner Attorney I.D. No. 64998 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 7 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Y D ed MI HAEL A. RANCH TTI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Barrett J. Foerster, Bar No. 46712 OLINS, FOER.4TER 86 ISIEGEL ATTORNEYS AT UM 2214 SECOND AVENUE SAN DIEGO, CAUFOIWA 6210t (elf) 2164601 Attorneys for Plaintiff r a d Q RD KENNETH E. MARTONE Clerk nt IAe suwnr Oourt JUN 0 1991 By: Deputy F ILY DURT SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO MICHAEL FRANCHITTI, ) Case No. D 279724 Plaintiff, ) ORDER AFTER HEARING V. ) DATE: 4/23/91 TIME: 8:45 a.m. KATHLEEN MARBACH, ) DEPT: F-3 Defendant. ) This matter came on regularly for hearing on. April 23, 1991 at 8:45 a.m. in Department F-3 of the above-entitled Court before the Honorable Thomas Ashworth, Judge Presiding. Plaintiff was not present but was represented by his attorney of record, Barrett J. Foerster. Defendant did not appear, but was represented by her attorney of record, Donna Mallen. After argument of counsel was submitted and evidence was presented, upon good cause shown, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. Commencing April 1, 1991, Plaintiff shall pay to Defendant as and for child support one-third of any income he receives each month from any sources, including employment, c? ,n CX?lbt?' It?`+?? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r disability benefits, including cash or any funds he receives from his parents. Any in-kind provisions made available to Plaintiff by his parents will not be included as part of his income for purposes of establishing child support. Total child support each month payable by Plaintiff to Defendant, however, shall not exceed the sum of $200 per month commencing April 1, 1991. 2. In the event Defendant seeks to modify this child support order, Plaintiff's attorney of record, Barrett J. Foerster, may be served instead of Plaintiff having to be served personally. 3. In the event of any change in Plaintiff's employment status, or if there is hereafter any change in Plaintiff's disability status, he shall so notify the Defendant or her attorney of record of this in writing within two working days. APPROVED AS TO FORM AND CONTENT: Dated: _ ?. P DONNA MALLEN Attorney for Defendant IT IS SO ORDERED: Dated: JUN 1 0 1991 THOMAS ASHWORTH, III 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r OLINS, FOERSTER & SIEGEL ATTORNEYS AT LAW 7714 SECOND AVENUE SAN DIEGO, CAUFORNIA 97101 (919) 7141101 Attorneys for Petitioner ?f KENNETH E. UARTdNE cry nl Inn M...,- n•., 0 MAR 2 91991 By: L. SARIBAY-SANCHEZ. Deputy SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO MICHAEL FRANCHITTI, ) Case No. D 279724 Plaintiff, ) EX PARTE ORDER RE v. ) VISITATION KATHLEEN MARBACH, ) Defendant. 1 Upon good cause shown, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. Plaintiff, Michael Franchitti, shall have visitation with the minor child of the parties herein, Jennifer Marbach (aka Jennifer Franchitti), on Friday, March 29, 1991 as follows: a. He shall be allowed to visit with said minor child in the presence of his father at a restaurant which the parties will mutually agree to during the hours from L":30 p.m. to 8;30 P.M. b. Defendant Kathleen Marbach shall take the parties' minor child to the aforesaid restaurant and deliver said child to Plaintiff there at (; 6 p.m. 1 c. Defendant may remain at the premises of said 2 restaurant during the time that Plaintiff is exercising his 3 visitation with the minor child there. Defendant, however, will 4 not stay in the immediate presence of Plaintiff and his father 5 when Plaintiff is exercising his visitation privileges at the 6 restaurant. 7 d. Plaintiff will have dinner with the minor child 8 and Plaintiff's father at the restaurant and following dinner and 9 by no later than 5-10 p.m. will return the child to Defendant. 10 2. Plaintiff will further have visitation with the minor 11 child on Saturday, March 30, 1991, from 5100 a.m. to 00 Following 13 his completion of exercising said visitation he shall return the 14 child to Defendant. f 3. Plaintiff shall further have visitation with the foresaid minor child on Sunday, March 31, 1991 from /2:00 7,00 to Sunday March 31, 1991 7:00 -?/p.m., after which e shall return the child to Defendant. P/4;- A111 GV,C/o 0? Irl1 dy, 4. The aforesaid visitation shall/ be exercised by laintiff at all times in the presence of his father. Defendant hall not interfere with said visitation and shall not be present uring said visitation other than on Friday, March 29, 1991, when 23 she may remain at the premises of the restaurant. However, on 24 that day she cannot be in the immediate presence of Plaintiff, 25 his father and the minor child. 26 27 Dated: 28 J DGE OF THE SU RIOR COURT THOMAS ASHWORTH, Ili Agreement [ ] Recommendation [ ] Please see attached FAMILY COURT SERVICES recommendation sheet SUPERIOR COURT - COUNTY OF SAN DIEGO PARENTING PLAN AND SCHEDULE MOTHER: / e CL LiA-6 ?ATTY:_ 7. D?i cr3 -? SC #: ?a FATHER: ll FCS #: 22?( J OSC DATE: ?/-MEDI}TION DATE: L/- _/?!X%-df CHILDREN D.O. B. 91119-d&a 3. 1. 611 z. ---------------- LEGAL CUSTODY: ----------- ----- [? Joint Legal Custody - which means the parents will share decisions and information regarding the child(ren)'s health, education and welfare. [ ] Sole Legal Custody (you must list reasons why sole legal custody is requested) Ii. PHYSICAL CUSTODY: [ ] Joint Physical Custody [.-) Primary residence: [Li-liother [ ] Father r , Rath nxrpnt shall share time with the child(ren) as follows: III. BREAKS AND OTHER DAYS OF CELEBRATION: SCHOOL [vf a. Thanksgiving: (-]" b. Winter: [ L]'c. Spring: APR [ 9 .-39 (over please) RECEIVED I- ( ] d. Summer: [LJ e. Mother's Day and Father's Day: ( ] f. Three Day Weekends: g. Vacations: [ ] h. IL- iV. The parents may share additional time with the child(ren) as they negotiate and mutually agree. [ ] V• Additional points: A. Phone contacts: B. Sharing addresses and phone numbers: C. Neither parent to c County without ©ge residence of chil"d(ren) out of San Diego parent. __ days prior written notice to the other (IND. Neither parent will make disparaging remarks about the other parent in the presence of the child(ren):- [ ] E• Parents may petition and return to Family Court Services appropriate fees) for mediation of any future disputes inthisng matter. ( ( ] F. Other: Counselor's Signature Date: Mother's Signature ??rt4eep i Father's Signature:,AL, I. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 t- FRANCHITTI, MICHAEL AND !lARBACH, KATHLEEN CASE NO. D 279724 FINDINGS AND ORDER AFTER HEARING ATTACW4ENT 4b. Stipulated modifications of Family Court Services Agreement dated April 14, 1989: 1) Father's visitation on Sundays shall be from 9:00 a.m. to 3:00 p.m. instead of 2:00 p.m. to 4:00 p.m. 2) Neither party shall remove the child from the State of California on Christmas day, Thanksgiving day, or Easter day. Vacation time out of state on the day following the actual holiday will be permitted. 3) Father shall be permitted to remove daughter from her day care facility for his week day visitation in the morning and return her to the day care facility by 11:30 a.m.. Father has the option to visit with daughter after day care for his weekday visitation. s 1CrA'rES ? 5.?I019 MOMMARW MICHAEL A. FRANCHITTI, Plaintiff Va. KATHLEEN MARBACH, Defendant irtylaojewiion+E,POW ?(ercvAcuAga9 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA NO. 1999-4611 CIVIL ACTION - LAW ACTION FOR CUSTODY ORDER OF COURT AND NOW, this -;? day of October, 1999, upon consideration of the attached Stipulation for Agreed Order of Custody, the attached agreement is approved with the same effect as though incorporated at length herein. BY THE COURT, J. Susan Kay Candiello, Esquire Gates & Associates, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Attorney for Plaintiff Kathleen Marbach, Defendant 624 Hummel Avenue Lemoyne, PA 17043 ,S.3°. Or r /7(FQ 9 ,,;_'??F?? 9°?r `''or ?%'-ter, '°F?V, ft ???? 6 MICHAEL A. FRANCHITTI, PLAINTIFF vs KATHLEEN MARBACH, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA NO. 1999 - 4611 : CIVIL - IN CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY Plaintiff is MICHAEL A. FRANCHITTI, who currently resides at 6016 Falmont Drive, Morrisville, Pennsylvania, 19067. Defendant is KATHLEEN MARBACH, who currently resides at 624 Hummel Avenue, Lemoyne, Pennsylvania, 17043. JENNIFER ANN MARBACH, bom on May 23, 1985, is the subject of this Custody Agreement and is the child of the Plaintiff and Defendant. It is Plaintiffs and Defendant's belief it is in the best interests of their minor child to have a meaningful ongoing relationship with both her Natural Mother and Natural Father, provided the child is in a safe environment. WHEREFORE, Plaintiff, MICHAEL A. FRANCHITTI, and Defendant, KATHLEEN MARBACH, have entered into a mutual agreement regarding the custody of their child and respectfully request that this Honorable Court enter the following Order: 1. Defendant shall have Sole Legal Custody, (As defined in 23 Pa.C.S.A. section 5302), of the parties' minor child, JENNIFER ANN MARBACH; 2. Primary Physical Custody of their child, JENNIFER ANN MARBACH shall be with Defendant, KATHLEEN MARBACH. Plaintiff, MICHAEL A. FRANCHITTI shall enjoy Partial OCT 1999 1 Physical Custody of their child as the parties can mutually agree to and as follows; A. One (1) Saturday each month for three (3) months, beginning with the month of November. Plaintiff shall be responsible for his transportation to and from the home ofthe Defendant and his daughter, Jennifer. Defendant shall cooperate and provide transportation, as is necessary, for the Plaintiff and his daughter, Jennifer to enjoy various activities during this (one) day of visitation; B. Plaintiff shall provide Defendant and his daughter, Jennifer, with the date for the Saturday visit and his proposed activities and schedule for the day of visitation, a minimum of two (2) weeks prior to his visit; C. At the completion of three (3) one day per month visits, Plaintiff and his daughter, Jennifer, will have an equal voice in the decision when Jennifer's visitation shall increase. If both Plaintiff and Jennifer desire to increase Jennifer's visitation, Plaintiff shall make travel arrangements for his daughter to enjoy one (1) full weekend visit, each month, from Saturday at 10:00 a.m. through Sunday evening at 6:00 p.m. The overnight accommodations for these weekend visits shall either be with the Plaintiff, at the home of his father and mother, or at the home of Jennifer's maternal grandmother, who also resides in the area. It shall be Jennifer's choice which home she chooses to spend Saturday night at. 3. The Plaintiff and the Defendant agree to cooperate to provide for continuing visitation between the Plaintiff and his daughter, if the Plaintiff and/or his daughter do not immediately want to begin visitation for a full weekend at the home of the Plaintiffs parents. Plaintiff and Defendant agree the ultimate goal of the gradual increase in visitation is for Jennifer to be with her father, the Plaintiff, for visitation for a full weekend. This goal should be realized within six (6) months from the date the court has entered this custody order; C. Plaintiff and Defendant agree to cooperate with each other to enable Plaintiff to enjoy visitation with his daughter, Jennifer, on holidays and during the summer vacation. 4. Defendant agrees to provide, in a timely fashion, to Plaintiff information concerning any medical, psychological, vision and dental needs or problems which the daughter, Jennifer has or could experience. 5. Defendant agrees to provide, in a timely fashion, to Plaintiff, information of and concerning the daughter, Jennifer's educational progress and extracurricular activities, to provide Plaintiff with the ability to participate in any of these events should Plaintiff desire to do so. 6. The parties agree to notify each other of any change in their address, telephone number, or any other change in their lives which is pertinent to the visitation and care of their minor child; 7. The parties shall be free to mutually agree to alter and/or change the terms of this agreement. DATE: / O9 1999 Cl \ MICHAEL A. FRANCHITTI i DATE: 0ah / 19994„' KATHLEEN MARBACH Li ?' ?s z a z_ Ii i'J F? ?- C LLI U] d O c an V 1C? MICHAEL A. FRANCHITTI, ) Plaintiff ) VS. ) KATHLEEN MARBACH, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4611 CIVIL TERM CIVIL ACTION - CUSTODY ORDER AND NOW this /St day of MvR-! - , 1999, it being reported to the Conciliator that the parties have reached an agreement which makes further proceedings unnecessary, the undersigned Conciliator hereby relinquishes jurisdiction and returns the matter to the Court Administrator. If either of the parties wishes further proceedings in this action, they should petition the Court anew. FOR THE COURT, &'u zx? MICHAEL L. BANGS Custody Conciliator cc: Susan K. Candiello, Esquire Ms. Kathleen Marbach 624 Hummel Avenue Lemoyne, PA 17043 FILED-O? Flr,?