Loading...
HomeMy WebLinkAbout07-2258DANIEL L. FEARNBAUGH, Plaintiff, V. CORTNEY J. FEARNBAUGH, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :2007 - CIVIL TERM : IN DIVORCE / 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 prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 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. DANIEL L. FEARNBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW 2007 - a a 5'6- CIVIL TERM CORTNEY J. FEARNBAUGH, Defendant. : IN DIVORCE / CUSTODY COMPLAINT IN DIVORCE AND CUSTODY AND NOW, comes the Plaintiff, Daniel L. Fearnbaugh, by and through his attorneys, Irwin & McKnight, and files this Complaint in Divorce and Custody against the Defendant, Cortney J. Fearnbaugh, representing as follows: 1. The Plaintiff is Daniel L. Fearnbaugh, an adult individual with a current mailing address of P.O. Box 162, Gardners, Adams County, Pennsylvania 17324. 2. The Defendant is Cortney J. Fearnbaugh, an adult individual residing at 520 Shed Road, Newville, Cumberland County, Pennsylvania 17241 COUNT I - DIVORCE PURSUANT TO SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE 3. The averments of paragraphs one (1) through two (2) of this Complaint are made a part hereof and incorporated herein by reference. 4. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 5. The Plaintiff and the Defendant were married on March 31, 2000 in Newville, Pennsylvania, and separated on or about January 10, 2007. 6. There have been no prior actions of divorce or for annulment between the parties. 7. There are two (2) children born to this marriage; namely, Alexis J. Feambaugh, born October 31, 2001, age 5 years, and Bryce W. Fearnbaugh, born June 25, 2004, age 2 years. 8. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 9. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. 1 COUNT II - CUSTODY 10. The averments of paragraphs one (1) through nine (9) of this Complaint are made a part hereof and incorporated herein by reference. 11. The parties' minor children are presently residing with Defendant in Plaintiff's home. 12. Prior to the parties separation on or about Janaury 10, 2007, the parties' minor children resided with both parents at Plaintiff's home located at 520 Shed Road, Newville, Cumberland County, Pennsylvania. 13. Defendant has prevented any regular periods of visitation or contact with the children by Plaintiff. 14. Plaintiff desires established periods of partial custody with the children and joint legal custody, with primary custody remaining with Defendant as can be mutually arranged between the parties. 15. The best interests and permanent welfare of the children requires that the Court grant the Plaintiff's request as set forth above. 16. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 17. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the children. 18. Each parent whose parental rights to the children have not been terminated, and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully seeks the entry of an Order of Court granting periods of visitation with the children and joint legal custody, with primary custody remaining with Defendant as can be mutually arranged between the parties. Respectfully submitted, IRWIN & McKNIGHT By: Douglas . Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: April 19, 2007 z VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DA dIL L. FEARNBAUGH Date: 4/16/07 N ;R 4* W UI c 0 p rr? Z rn DANIEL L. FEARNBAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CORTNEY J. FEARNBAUGH DEFENDANT 07-2258 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 26, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 31, 2007 at 9:30 AM for a Pre-}-Tearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney, Esq. ar 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 £G :Z d 9Z M LOOZ -CI ?3? ?}1-io DANIEL L. FEARNBAUGH, Plaintiff, V. CORTNEY J. FEARNBAUGH, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2007 - 2258 CIVIL TERM : IN DIVORCE / CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND I, C\V\1 3 , being sworn according to law, deposes and says that I am a competent adult cQ;r 18 years of age; that I served a certified copy of the Divorce Complaint upon the Defendant, Cortney J. Fearnbaugh, by personally handing her a true and correct copy thereof and informing him of its contents at 1% &PnAg !Ae r Sa6 So,Ka.-Todd on (% 'A , 2007, at o'clock 'gym. Nw 15t ha Nom Deponent further avers that at the time of such service the Defendant identified herself to deponent. DANIEL L. FEARNBAUGH Sworn to and subscribed Before m this Day of , n IA-LI 1 Notary Public COMMONWEALTH OF PENNS VANI Notarial Seal Karen S. Noel, Notary Public lisle Boro, Cumberland County y Commission Expires Dec. 8'2%7 LMMC-V--- r' ? y j 1,,,l1 v Cn C-D Nov 0 5 2007 DANIEL L. FEARNBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2258 CIVIL ACTION - LAW CORTNEY J. FEARNBAUGH, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 2"d day of November, 2007, the parties having reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Ltln? A , _ LIA--?V acq line M. Verney, Esquire, Cust y Conciliator ,?? i j ? '.{? ;;` fr.v ? t ?'?? ?? ,,, ,_s DANIEL L. FEARNBAUGH, : THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CASE NO. 2007-2258 CORTNEY J. FEARNBAUGH, : CIVIL ACTION - LAW n i Defendant : IN CUSTODY -orf, A ? MM NOTICE TO DEFEND AND CLAIM RIGHTS U? YOU HAVE BEEN SUED IN COURT. If you wish to defend against the}ms=t forth in the following pages, you must take prompt action. You are warned that if yol1?fail"do n, XI; so, the case may proceed without you and a decree of divorce or annulment may be entad against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, York, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 0 ?0 •oa l?d. (717) 249-3166 (2K---g 1028 DANIEL L. FEARNBAUGH, Plaintiff V. CORTNEY J. FEARNBAUGH, Defendant : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 2007-2258 : CIVIL ACTION - LAW : IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes the above-named Defendant, Courtney J. Fearnbaugh, by her attorney, Mark A. Mateya, Esquire, and avers the following: . Plaintiff is Daniel L. Fearnbaugh, (hereinafter referred to as "Father"), an adult individual presently residing at 520 Shed Road, Newville, Cumberland County, Pennsylvania. 2. Defendfant is Cortney J. Fearnbaugh, (hereinafter referred to as "Mother"), an adult individual presently residing at 42 Lonesome Road, Newville, Cumberland County, Pennsyvlania. 3. Plaintiff and Defendant are the natural parents of Alexis J. Fearnbaugh, born October 31, 2001, age 8 years, and Bryce W. Fearnbaugh, born June 25, 2004, age 5 years; the children were both born in wedlock. 4. A complaint in custody was filed in this Honorable Court on or about April 19, 2007. 5. On November 2, 2007, a Custody Order was entered as a result of an agreement reached by the parties. 6. The children have resided at 520 Shed Road, Newville, Cumberland County, Pennsylvania from birth until 116/2010, with both Father and Mother. 7. Father removed Mother from the marital home on January 6, 2010. 8. Circumstances have changed since the entry of the November 2, 2007, Order to include the following: a. Father has been using illegal drugs; b. Father threatened to kill mother at or about the time of the Thanksgiving holiday of 2009; C. On or about December 21, 2009, Father threatened to kill himself, d. Father has been violent, in that he has punched holes in the wall of the residence, overturning beds, while the minor children have been in the same room; Father is presently unable to adequately care for the minor children; f. Father unilaterally took the minor children from the marital home and placed them with the Paternal Grandparents. WHEREFORE, Defendant respectfully requests that this Honorable Court issue an Order returning the minor children to the care of the Defendant and to schedule a Custody Conciliation at the earliest possible date. Respectfully submitted, UA.Lk? Mark A. Mateya, Esqui Attorney ID No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Date: J'I "? 0 10 VERIFICATION I, Cortney J. Fearnbaugh, verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. M Courtney N4ambaugh DATED:( 7 ?? U / U _ CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Douglas G Miller Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle PA 17013 an'n) Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 DATED: / 'I bc Attorney for Defendant DANIEL L. FEARNBAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CORTNEY J. FEARNBAUGH DEFENDANT 2007-2258 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, January 11, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Count Courthouse, Carlisle _ on Tuesday, January 19, 2010 at 10:30 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/ ,Jacqueline M, Verney S 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 tl r1 ? '., ? . t . ?/ ???? ??? ? ? ?? Ji ?Z ., ?RyYy ?? p{? r ?° t DANIEL L. FEARNBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW . n ? 2007 - 2258 CIVIL TERM CORTNEY J. FEARNBAUGH, 'Defendant/Petitioner. : IN DIVORCE / CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S CUSTODY COMPLAINT -?' -? AND NOW this 19th day of January, 2009, comes the Respondent, DANIEL L. FEARNBAUGH, by and through his attorneys, Irwin & McKnight, P.C., and respectfully files this Answer to the Petitioner's Custody Complaint, and in support thereof avers as follows: 1. The averments of fact contained in paragraph one (1) of the Custody Complaint are admitted. 2. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph two (2) so they are therefore specifically denied and strict proof thereof is demanded at hearing. By way of further answer, Petitioner moved from the marital residence, leaving the children with the Respondent, and did not so advise Respondent as to her new address. 3. The averments of fact contained in paragraph three (3) are admitted. 4. The averments of fact contained in paragraph four (4) are admitted. 5. The averments contained in paragraph five (5) are denied as stated. It is admitted that the parties had reached an agreement in 2007 with regard to custody and also had decided to attempt to reconcile, but the remaining averments in paragraph five (5) are specifically denied and strict proof thereof is demanded at hearing. 6. The averments contained in paragraph six (6) are denied as stated. It is admitted that the children have resided at 520 Shed Road, Newville, and until Petitioner removed virtually all of the personal property from the residence, the children continued to reside there. The remaining averments in paragraph six (6), including any inference that Petitioner has properly and continuously been responsible for the care of the minor children, are specifically denied and strict proof thereof is demanded at hearing. 7. The averments contained in paragraph seven (7) are conclusions of law to which no response is required. To the extent that a response is required, all of the averments are specifically denied and strict proof thereof is demanded at hearing. By way of further answer, Petitioner removed herself from the marital residence and took with her virtually all of the personal property contained in the home, including Respondent's clothes, belongings, and business records. 8. The averments contained in paragraph eight (8), including all of its subparts, are specifically denied and strict proof thereof is demanded at hearing. By way of further answer, Respondent did not threaten to kill himself or anyone else, take illegal drugs, or unilaterally remove the children from the residence. To the contrary, Petitioner is the one that moved from the residence, removed virtually all of personal property in the home, and left the residence in such a state of disrepair that it was inhabitable. Petitioner's actions included the removal of the source of heat for the mobile home, thereby causing the pipes to freeze. Furthermore, it was Petitioner that left the minor children with Respondent, and Respondent that obtained a Temporary Protection From Abuse Order against Petitioner. A true and correct copy of the Order docketed at No. 2010 - 0273 is attached hereto and incorporated herein as Exhibit "A." WHEREFORE, Plaintiff/Respondent, Daniel L. Fearnbaugh, respectfully requests this Honorable Court to enter a judgment in his favor and against Defendant/Respondent in this 2 matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. Respectfully submitted, IRWIN & McKNIGHT, P.C. r By: Doug as Miller, Esq re Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff, Daniel L. Fearnbaugh Date: January 19, 2010 3 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DANIEL L. FEARNBAUG Date: 1/18/10 EXHIBIT "A" TEMPORARY PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA 0 Amended Order [] Continued Order NO. 0 , -? 3 C 11/; / Lalt 1. PLAINTIFF _Daniel _ Lee FearnbauRh 17/7/1970 I First-? Middle Last Suffix Plaintiff DOB Name(s) of All protected persons, including minor children and DOB. Daniel Lee Fearnbaugh July 7,1970 V. DEFENDANT Cortne Jean Fearnbau h First Middle Last Suffix Defendant's Address: 520 Shed Rd. Newville PA 17241 CAUTION: Weapon Involved n Weapon Present on the Property n Weapon Ordered Relinquished DEFENDANT IDE NTIFIERS DOB 7/12/1978 HEIGHT S in. SEX Female WEIGHT 270 RACE White EYES Hazel HAIR Brown SSN DRIVERS LICENSE # RP DATE STATE PA The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant will be provided with reasonable notice and opportunity to be heard. The Court Hereby Orders: © Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. © Except for such contact with the minor children as may be permitted under paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. ® Additional findings of this order are set forth below. Order Effective Date Order Expiration Date NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 andfor up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the rmidence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.SA. 16 103 (g). If Defendant is required to relinquish any f rcarms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an altemative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defended and the third patty first comply with ail requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, IS U.S.C. 112261-2262. AND NOW, on 8th Day of January, 2010 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 520 Shed Rd. , or any other permanent or temporary residence where Plaintiff or any other person protected under this order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Except for such contact with the minor children as may be permitted under paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this order either directly or indirectly, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 4. Except for such contact with the minor children as may be permitted under paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 5. CUSTODY of the feHowing mine-- 101-a-61-d-IM-0- 6. The following additional relief is granted: Other Relief: - Defendant shall not damage, destroy, or dispose of in any manner, any property owned jointly by the parties, or solely by the Plaintiff. 7. A certified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: Carlisle Barracks PSP 8. The sheriff, police or other law enforcement agencies are directed to serve Defendant with a copy of the petition, any order issued, and the order for hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 9. THIS ORDER SUPERSEDES ANY PRIOR PROTECTION FROM ABUSE ORDER OBTAINED BY THE SAME PLAINTIFF AGAINST THE SAME DEFENDANT. 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JANUARY 8, 2013 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police department or sheriff who has jurisdiction over Plaintiff s residence OR any location where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 5 of this order, Defendant shall be arrested on the charge of indirect criminal contempt. An arrest for violation of this order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of a police officer or sheriff. Subsequent to an arrest, the law enforcement officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession which were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. Any firearm, other weapon, ammunition or any firearm license must be delivered to the sheriffs office of the county which issued this order, which office shall maintain possession of the firearms, other weapons and ammunition until further order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer or sheriff made the arrest. BY TIiE?OIJRT: Judge ? l1 1 O Date Distri .but= to: Legal Services d to PSP p Dkr1rZ? I Transtnitted* 1? DVS/CP NUA ? 4 s - o T 'l ~ ? s vm 61 FILED JAN 11, 2010 3:10 PM Daniel Lee Fearnbaugh Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v No. 2010-273 Cortney Jean Feambaugh Defendant . CIVIL ACTION - LAW PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL order may be entered against you granting the relief requested in the petition. In particular, you may be evicted from your residence, be prohibited from possessing any firearm, other weapon, ammunition or any firearm license, and lose other important rights, including custody of your children. Any protection order granted by a court may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody). A hearing on the matter is scheduled for the 22nd Day of January, 2010 at 9:OOAM , in Courtroom 2 at Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. If an order of protection has been entered, you MUST obey the order until it is modified or terminated by the court after notice and hearing. If you disobey this order, the police or sheriff may arrest you. Violation of this order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000 and/or up to six months in jail under 23 Pa C.S.A. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18. U.S.C. §2265, this order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this order, you may be subject to federal criminal proceedings under the Violence Against Women Act. 18 U.S.C. §§2261-2262. If this order directs you to relinquish any firearm, other weapon, ammunition or any firearm license to the sheriff, you may do so upon service of this order. As an alternative, you may relinquish any firearm, other weapon, or ammunition listed herein to a third parry provided you and the third party first comply with all requirements to obtain a safekeeping permit. 23 Pa.C.S.A. §6108.3. You must relinquish any firearm, other weapon, ammunition or any firearm license listed in the order no later than 24 hours after service of the order. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, you must provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after service of the order. Failure to timely relinquish any firearm, other weapon, ammunition or any firearm license shall result in a violation of this order and may result in criminal conviction under the Uniform Firearms Act, 18 Pa. C.S.A. §6105. NOTICE: Even if this order does not direct you to relinquish firearms, you may be subject to federal firearms prohibitions and federal criminal penalties under 18 U.S.C. §922(g)(8). YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. 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. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Distribution to: Legal Services Transmitted to PSP DVS/CP This verifies that the above document is on file with the Cumberland County Office of the Prothonotary. TEMPORARY PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA ElAmended Order 1:1 Continued Order NO. 2010-273 1. PLAINTIFF Daniel Lee Fearnbau h 7/7/1970 First Middle Last Suffix Plaintiff DOB Name(s) of All protected persons, including minor child/ren and DOB. Daniel Lee Fearnbaugh July 7, 1970 V. DEFENDANT Cortne Jean Fearnbau h First Middle Last Suffix Defendant's Address: 520 Shed Rd. Newville PA 17241 CAUTION: n Weapon Involved E]Weapon Present on the Property n weapon Ordered Relinquished DEFENDANT IDEN TIFIERS DOB 7/12/1978 HEIGHT 5tft.5 SEX Female WEIGHT 270 RACE White EYES Hazel HAIR Brown SSN DRIVERS LICENSE # EXP DATE STATE PA The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant will be provided with reasonable notice and opportunity to be heard. The Court Hereby Orders: ?X Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. , Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. L Additional findings of this order are set forth below. Order Effective Date January 8, 2010 Order Expiration Date January 8, 2013 NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. AND NOW, on 8th Day of January, 2010 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this order either directly or indirectly, at any location, including but not limited to any contact at Plaintiff s or other protected parry's school, business, or place of employment. 3. Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted: Other Relief- - Defendant shall not damage, destroy, or dispose of in any manner, any property owned jointly by the parties, or solely by the Plaintiff. 5. A certified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: Carlisle Barracks PSP 6. The sheriff, police or other law enforcement agencies are directed to serve Defendant with a copy of the petition, any order issued, and the order for hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 7. THIS ORDER SUPERSEDES ANY PRIOR PROTECTION FROM ABUSE ORDER OBTAINED BY THE SAME PLAINTIFF AGAINST THE SAME DEFENDANT. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JANUARY 8, 2013 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police department or sheriff who has jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 3 of this order, Defendant shall be arrested on the charge of indirect criminal contempt. An arrest for violation of this order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of a police officer or sheriff. Subsequent to an arrest, the law enforcement officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession which were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. Any firearm, other weapon, ammunition or any firearm license must be delivered to the sheriffs office of the county which issued this order, which office shall maintain possession of the firearms, other weapons and ammunition until further order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer or sheriff made the arrest. BY THE COURT: M. L. Ebert, Jr. JANUARY 11, 2010 Date This verifies that the above document is on file with the Cumberland County Office of the Prothonotary. FILED: JAN 11, 2010 3:10 PM Distribution to: Legal Services Transmitted to PSP DVS/CP PETITION FOR PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-273 1. PLAINTIFF Daniel Lee Fearnbau h July 7, 1970 First Middle Last Suffix Plaintiff DOB Plaintiffs Address: ElPlaintiffs address is confidential or Q Plaintiffs address is: 520 Shed Rd. Newville, PA 17241 V. 2.DEFENDANT Cortne Jean Fearnbau h First Middle Last Suffix Defendant's Address: 520 Shed Rd. Newville, PA 17241 CAUTION: Weapon Involved Weapon Present on the Property Weapon Requested Relinquished Defendants place of employment is: Sara A.Todd Memorial Home DEFENDANT IDENT IFIERS DOB 7/12/1978 HEIGHT 5tft.5 SEX Female WEIGHT 270 RACE White EYES Hazel HAIR Brown SSN DRIVERS LICENSE EXP DATE STATE PA rl Check here if you have reason to believe that Defendant is a licensed firearms dealer, is employed by a licensed firearms dealer or manufacturer; is employed as a writer, researcher or technician in the firearms or hunting industry or is required to carry a firearm as a condition of employment. 3. I am filing this Petition on behalf of. O Myself and/or [:]Another Person If you checked "myself', please answer all questions referring to yourself as "Plaintiff'. If you ONLY checked "another person", please answer all questions referring to that person as the "Plaintiff', and provide your name and address here, as filer, unless confidential. Filer's Name: First Middle Last Suffix F1 Filer's address is confidential or n Filer's address is: If you checked "Another Person", indicate your relationship with Plaintiff: parent of minor Plaintiff(s) applicant for appointment as guardian ad litem of minor Plaintiff(s) adult household member with minor Plaintiff(s) court appointed guardian of incompetent Plaintiff(s) 4. Name(s) of ALL person(s), including minor children, who seek protection from abuse. Daniel Lee Fearnbaugh 5. The relationship between Plaintiff and Defendant is: [X] spouse or former spouse of Defendant [X] parent of a child with Defendant Defendant is an adult. 6. Defendant has been involved in a criminal court action. . Defendant is not currently on probation / parole 7. Plaintiff and Defendant are the parents of the following minor child/ren: a. Alexis Jean Fearnbaugh Age:8 Child's address is: 520 Shed Rd. , Newville, PA 17241 b. Bryce William Fearnbaugh Age:5 Child's address is: 520 Shed Rd. , Newville, PA 17241 8. Plaintiff is seeking an order of child custody as part of this petition. The following is a list of the children and where they have lived for the past 5 years: a. Alexis Jean Fearnbaugh For the past 5 years, this child has lived with: From birth through December 19, 2009 with Plaintiff (father), Defendant (mother), and Bryce (brother) at 520 Shed Rd. Newville, PA 17241. From December 19, 2009 through present with Plaintiff (father), Ron & Ethel Burkholder (grandparents), and Bryce (brother) at 4529 Holly Dr. Chambersburg, PA 17202. b. Bryce William Fearnbaugh For the past 5 years, this child has lived with: From birth through December 19, 2009 with Plaintiff (father), Defendant (mother), and Alexis (sister) at 520 Shed Rd. Newville, PA 17241. From December 19, 2009 through present with Plaintiff (father), Ron & Ethel Burkholder (grandparents), and Alexis (sister) at 4529 Holly Dr. Chambersburg, PA 17202. 9. The facts of the most recent incident of abuse are as follows: On about Wednesday, January 06, 2010 location: 520 Shed Rd. Newville, PA 17241 The Defendant acted in a menacing manner when she grabbed the Plaintiff by the shirt to restrain him. The abuse continued when the Defendant threw a cup of coffee at the Plaintiff. The Defendant followed the Plaintiff to the door and punched the him the back of the head. The Plaintiff called the State Police who arrived at the residence. The Plaintiff was treated at Chambersburg Hospital for a pulled hip as a result of the abuse. The Defendant's course of conduct has resulted in the Plaintiff s reasonable fear for his safety. 10. Prior incidents of abuse that Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: On or around December 19, 2009, the Defendant act in a menacing manner when she grabbed the Plaintiff by the shirt, ripping it, and slamming him into the door repeatedly. The Plaintiff reported the incident to the State Police who charged the Defendant with harassment. The Defendant's course of conduct has resulted in the Plaintiffs reasonable fear for his safety. During the course of the parties' relationship, the Defendant has abused the Plaintiff in ways including, but not limited to; pushing, grabbing, restraining, and hitting the Plaintiff, throwing objects at the Plaintiff, destroying the Plaintiff s property, and being verbally and emotionally abusive. The Defendant's course of conduct has resulted in the Plaintiffs reasonable fear for his safety. 11. (a) Has Defendant used or threatened to use any firearms or other weapons against Plaintiff or the minor child/ren? NO (b) Other than the firearms, other weapons or ammunition Defendant used or threatened to use against Petitioner or the minor child/ren, does Defendant, to the best of your knowledge or belief, own or possess any additional firearm, other weapon, ammunition or any firearm license? NO (c) If the answer to (b) above is "Yes", list any additional firearm, other weapon or ammunition owned by or in the possession of Defendant on Attachment A to Petition, which is incorporated by reference into this petition. (d) Plaintiff DOES NOT request that the court order Defendant to relinquish firearms, other weapons or ammunition listed on Attachment A to Petition. 12. The sheriff, police department or law enforcement agency that should be provided with a copy of the protection order are: Carlisle Barracks PSP 13. There is an immediate and present danger of further abuse from Defendant. 14. Plaintiff is asking the court to evict and exclude Defendant from the following residence: 520 Shed Rd. Newville, PA 17241 Owned By: Daniel Fearnbaugh 15. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or the minor child/ren in any place where Plaintiff and/or the child/ren may be found. b. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and the child/ren: c. Prohibit Defendant from having any contact with Plaintiff and/or the minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Order the following additional relief, not listed above: Defendant shall not damage, destroy, or dispose of in any manner, any property owned jointly by the parties, or solely by the Plaintiff. e. Grant such other relief as Plaintiff requests and/or the court deems appropriate. f Order the police, sheriff or other law enforcement agency to serve Defendant with a copy of this petition, any order issued, and the order for hearing. Plaintiff will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. VERIFICATION I 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.A. §4904, relating to unsworn falsification to authorities Signature Date HAD Number: PL3765734W This verifies that the above document is on file with the Cumberland County Office of the Prothonotary. FILED: JAN 8, 2010 3:32 PM Petition Prepared by: Daniel Agency: Domestic Violence Services of Cumberland and Perry Counties CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MARK A. MATEYA, ESQUIRE P.O. BOX 127 BOILING SPRINGS, PA 17007 JACQUELINE VERNEY, ESQUIRE 44 SOUTH HANOVER STREET CARLISLE, PA 17013 Date: January 19, 2009 IRWIN & McKNIGHT, P.C. Traci D. Smith Assistant to Douglas G. Miller, Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 r DANIEL L. FEARNBAUGH, Plaintiff V. CORTNEY J. FEARNBAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-2258 IN CUSTODY f Tt rr y N cp TEMPORARY ORDER OF COURT AND NOW, this a.Si - day of _ , 2010, upon consideration of the testimony presented on Friday, January 22, 2010, in the Protection From Abuse actions filed by Plaintiff Father at Docket No. 2010-0273, and filed by Defendant Mother at 2010-0390, the following temporary Custody Order is entered and decreed: 1. The parties shall have shared legal custody of Alexis J. Fearnbaugh (Date of Birth: October 31, 2001) and Bryce W. Fearnbaugh (Date of Birth: June 25, 2004). All non- emergency decisions affecting the childrens' growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other, and with a view towards obtaining and following the children's best interests which decisions shall include, but not limited to: choice of camp, if any; medical and dental treatment; education; scholastic or athletic pursuits and other extracurricular activities. 2. The parties shall have shared physical custody of the minor children on an alternating weekly schedule. Father shall have custody for the week commencing on Friday, January 22, 2010, and Mother shall have custody for the following week commencing on Friday, January 29, 2010. 3. The parties shall exchange custody by the parent who is commencing their week of custody picking the minor children up from the Newville Elementary School at the conclusion w r of the school day. In the event, for whatever reason, that the children do not have school on any given Friday, the custody exchange shall occur in the parking lot of the Saylor's IGA market in Newville, PA at 4:00 p.m. In such an event, the parents are to have only such contact with one another that is absolutely necessary to effectuate the transfer of custody of the children. 4. The parties agree that there shall be reasonable telephone contact with the children during the periods when the children are not in the custody of that party. 5. Neither party shall do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 6. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule and to encourage them to participate in the temporary custody schedule. BY THE COURT, N'l ?a V THE HONORABLE . EBERT, JR. D' tribution to: uglas G. Miller, Esquire For Plaintiff ark A. Mateya, Esquire For Defendant (2c?% es mzatL!;-ct 112.4 I ! 6 2 tlzrn nLED-OF ICE OF T14L N. OTHOVINOTARY 2010 MAR -4 PM 3: 28 DANIEL L. FEARNBAUGH, Plaintiff/Petitioner, V. CORTNEY J. FEARNBAUGH, Defendant/Respondent. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 2258 CIVIL TERM IN DIVORCE / CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF AND PETITION FOR EQUITABLE DISTRIBUTION AND NOW, this 4th day of March, 2010, comes the Petitioner, Daniel L. Fearnbaugh, by and through his attorneys, Irwin & McKnight, P.C., and pursuant to Rule 1920.43 makes the following Petition for Special Relief against the Respondent, Cortney J. Fearnbaugh, averring as follows: 1. Petitioner is Daniel L. Fearnbaugh, an adult individual who resides at 520 Shed Road, Newville, Cumberland County, Pennsylvania, the former marital residence of the parties. 2. Respondent is Cortney J. Fearnbaugh, an adult individual who, after initially representing that she was residing with friends at 42 Lonesome Road, Newville, then that she was living with her mother on Louther Street in Carlisle, is now residing with the next-door neighbor at 524 Shed Road, Newville, Cumberland County, Pennsylvania. 3. Petitioner and Respondent are husband and wife, having been married on March 31, 2000. kv ?3_?; S'::2 C'4-W' 3s?a 4. On or about April 19, 2007, Petitioner instituted the above-captioned divorce action. 5. Petitioner and Respondent have acquired property, both real and personal, during their marriage. 6. Petitioner requests the Court to equitably divide, distribute, or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. 7. The parties attempted to reconcile, but permanently separated again on or about January 7, 2010, at which time Respondent moved herself and most of the parties' belongings from the marital residence 8. Among the many items that Respondent removed from the marital residence, were tax returns, financial books, invoices, receipts, and similar records kept by Petitioner for his business as a self-employed contractor. 9. Petitioner, through the undersigned legal counsel, has made multiple attempts to request that the originals, or at least copies, of the necessary financial information be returned as soon as possible. True and correct copies of letters to Respondent and her attorney dated January 15, 2010, and February 9, 2010, are attached hereto and incorporated herein respectively as Exhibits "A" and "B." 10. In response, the undersigned did receive correspondence from counsel for Respondent wherein he reported that his client did in fact have one (1) tax return that she would be returning, and that she would search for any business documentation that might also be in her possession. A true and correct copy of the correspondence from Attorney Mark A. Mateya dated January 21, 2010, is attached hereto and incorporated herein as Exhibit "C." 11. To date, however, no financial documents have been returned to Petition from Respondent. 3 12. Without the complete return of the tax returns, financial books, invoices, receipts, and similar records kept by Petitioner for his business as a self-employed contractor, Petitioner is unable to have the necessary federal, state, and local income tax returns prepared and filed. 13. Upon information and belief, Respondent is aware of the vital nature of the information and records in the preparation of Petitioner's taxes, and may have hidden or otherwise disposed of said records. 14. Petitioner respectfully seeks specific performance for the return of his financial and business paperwork, reasonable attorney fees, and such other and further relief as this Court deems just. 15. Prior to the filing of this Petition, multiple attempts to contact legal counsel for Respondent have gone unanswered, so it is assumed that Respondent's counsel is opposed to the instant Petition. 16. The Honorable M. L. Ebert, Jr., previously entered an Order of Court with regard to custody issues in the above-captioned matter. WHEREFORE, the Petitioner, Daniel L. Fearnbaugh, respectfully requests that this Honorable Court enter an Order directing Respondent to return all of Petitioner's business paperwork and financial information, awarding Petitioner his reasonable attorney fees, and such other and further relief as this Court deems just. Respectfully submitted, IRWIN & McKNIGHT, P.C. i By: Das +G.Mer', squire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Date: March 4, 2010 Attorney for Plaintiff/Petitioner 4 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DANIEL L. FE BAUGH Date: _ ?'j? EXHIBIT "A" LAW OFFICES IRON & McKNIGHT, P. C. WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER B.IRWIN CARLISLE, PENNSYLVANIA 17013-3222 MARCUS A. McKNIGHT, III DOUGLAS G. MILLER (717) 249-2353 STEPHENL. BLOOM FAX (717) 249-6354 MA7THEWA. McKNIGHT WWW.IRWINMCKNIGHT.COM January 15, 2010 VIA CERTIFIED and U.S. MAIL CORTNEY J. FEARNBAUGH 42 LONESOME ROAD NEWVILLE, PA 17241 RE: DANIEL J. FEARNBAUGH 520 SHED ROAD, NEW MLLE, PA 17241 Dear Ms. Feambaugh: HAROLD S. IRW1N (1925-1977) HAROLD S. IRWIN, JR. (1954-1986) IRW1N, IRWIN & IRWIN (1956-1986) IRWIN, IRWIN & McKNIGHT (1986-1994) IRWIN, MIGHT & HUGHES (1994-2003) IRWIN & McKNIGHT (2003-1008) As you are already aware, our firm represents Mr. Feambaugh. For purposes of service it is necessary that I send this correspondence directly to you. However, please note that a copy is also being sent to your attorney, Mark A. Mateya, Esquire, for his reference. After you moved from the marital residence, it is my understanding that on or about January 7, 2010, you returned and removed virtually all of the personal property from the home. The property you removed includes Mr. Fearnbaugh's clothes and business paperwork, the heaters for the mobile home, most of the furniture, and the food from the refrigerator/freezer. Through your attorney, I am going to insist that much of these items be returned. Nevertheless, as a direct result of this course of action that you have chosen, I am compelled to send you this correspondence. This letter shall formally notify you that as of this date, Friday, January 15, 2010, you are not permitted on the property owned by Mr. Feambaugh at 520 Shed Road, Newville. If you enter upon his property after that date, other than for scheduled custody exchanges as may be provided by future Order of Court or specific written agreement of the parties, you will be treated as a defiant trespasser as defined in Pennsylvania criminal statute 18 Pa.C.S.A. § 3503(b), and will be prosecuted as such. Furthermore, this letter shall also formally notify you that any further attempts to contact Mr. Fearnbaugh in any manner similar to your recent interactions will be deemed a violation of the current Temporary Protection From Abuse Order at Docket No. 2010-0273, as well as harassment. In the event that you insist on having such contact with him, he will be forced to seek criminal charges against you. I trust that such action will not prove to be necessary. However, copies of this letter will be provided to the Pennsylvania State Police and appropriate law enforcement authorities as necessary. Very truly yours, IRWIN & McKNIGHT, P.C. Doug]. s G. Miller DGM:tds cc: Mr. Daniel L. Feambaugh Mark A. Mateya, Esquire EXHIBIT "B" LAW OFFICES -IRWIN & McKMGHT, P. C. WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER A TRWIN CARLISLE, PENNSYLVANIA 17013-3222 MARCUS A. McK1VIGHT, Ill DOUGLAS G. MILLER (717) 249-2353 STEPHEN L. BLOOM FAX (717) 249-6354 MATTHEW A. McIWGHT WWW.IRWIIVMCKNIGH7..COM February 9, 2010 MARK A. MATEYA, ESQUIRE P.O. BOX 127 BOILING SPRINGS, PA 17007 HAROLD S. IRWIN (1925-1977) HAROLD S. IRWEV, JR (1954-1986) IRW1N IRWIN & IRW7N (1956-1986) IRWIN, IRWIN & McKNIGHT (1986-1994) IRM,, McKIVIGHT & HUGHES (1994-2003) IRWIN & McKNIGHT (2003-2008) RE: DANIEL L. FEARNBAUGH v. CORTNEY J. FEARNBAUGH Docket No.: 2007 - 2258 Dear Attorney Mateya: Per my previous representations to you, I am enclosing a time-stamped copy of the Entry of Appearance in the separate action docketed at 2010-0228. I am also writing to follow up with you on the issue of Mr. Fearnbaugh's personal property that was removed from the residence by your client. Again, I understand that your client may need copies of tax returns for the divorce action. However, I need all of the original tax and business records turned over to my office no later than Friday, February 19, 2010. Without those records, my client is not going to be able to have his taxes prepared. I think it would also be prudent to coordinate whether the parties are going to file a joint tax return for 2009, or agree to split the child tax exemptions and credits. Without the necessary records, however, Mr. Fearnbaugh cannot even begin the process of having his taxes prepared. In the event that the records are not returned, then I will be recommending that a petition for special relief be filed and requesting that the costs for attorney fees be awarded to Mr. Fearnbaugh. I trust that such action will not prove necessary. It is also my understanding that your client is now residing with a neighbor, right next to the residence on Shed Road. While this may not be a technical violation of the PFA Orders entered against both parties, Mr. Feambaugh certainly believes that it violates the intent in keeping both parties separated from one another. I trust that your client's action were not undertaken as a means to again inflame the situation. In the event you would like to discuss this matter please do not hesitate to contact me. Very truly yours, IRWIN & McKNIGHT, P.C. --9 6oug, Miller DGM:tds cc: Daniel L. Fearnbaugh EXHIBIT "C" MATEYA LAW FIRM A PROFESSIONAL CORPORATION P.O. Box 127 Boiling Springs, Pa 17007 Phone 717-241-6500 Fax 717-241-3099 www.mateyalaw.com Doug Miller, Esquire 60 West Pomfret Street Carlisle PA. 17013 January 21, 2010 Re: Fearnbaugl Dear Attorney Miller, I am writing in response to your correspondence of January 15`h to my office and to Ms. Fearnbaugh. I trust that the : entry mid withdraw of appearance in this case either will be handled or. has already been taken ,are of I trust your representation to me for such. Concerning the cei se and desist letter, I trust we can wait for the result of Friday's Protection from Abuse heir rings. I have advised my client to return the copy of last year's tax return which she did take. As this return was a joint return, each of our clients have a right to have a copy thereof: My c ient has agreed to look in the folder which held the tax return and to return any documents wha,.h relate to your, client's business. She did not intentionally take any of this paperwork. Concerning the foc.d in the freezer, the two pounds of ground beef and the ribs (as well as the ten cans of mountain dew) were all that was taken, and were all purchased by my client. The furniture which was taken was either not marital or owned uniquely by my client. I believe you and I could discuss the me rits of the ownership of these items and come to an agreement as to how to address any items t o which your client may have a reasonable claim. Please contact me i f you have any questions. I may be reached at (717) 241-6500 or by e- mail at marn@mateyalaw.-:om. Sincerely, MAM/aa Mark A. Mateya, Esq. Leave A Legacy DANIEL L. FEARNBAUGH, Plaintiff/Petitioner, V. CORTNEY J. FEARNBAUGH, Defendant/Respondent. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2007 - 2258 CIVIL TERM : IN DIVORCE / CUSTODY CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, hereby certify that a copy of attached Petition for Special Relief was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 IRWIN & McKNIGHT, P.C. Dough . Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff/Petitioner Date: March 4, 2010 211, FILEQ-0 FILE OF THE PROTHONOTARY 2010 MAR -8 PM 12:22 CUh,I uNTY ?C, '3;.. i Lwi Nv'% . DANIEL L. FEARNBAUGH, Plaintiff/Petitioner, V. CORTNEY J. FEARNBAUGH, Defendant/Respondent. MAR 0 5 2010 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 2258 CIVIL TERM IN DIVORCE / CUSTODY ORDER OF COURT AND NOW, this V- day of flLe?? 2010, upon consideration of the attached Plaintiffs Petition for Special Relief, a hearing is hereby scheduled for ,Q 2010, in Courtroom No. at c7',o'clock ? m., Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. BY THE COURT, Distribution List: .6is/ouglas G. Miller, Esquire For Plaintiff/Petitioner J Mark A. Mateya, Esquire For Defendant/Respondent - ?% l'i ? ?A\ ? J. ?O A O 2010 .,PR 14 1 8:67 DANIEL L. FEARNBAUGH, Plaintiff/Petitioner, V. CORTNEY J. FEARNBAUGH, Defendant/Respondent. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2007 - 2258 CIVIL TERM : IN DIVORCE / CUSTODY ORDER OF COURT AND NOW, this 13fi"_ day of , 2010, the Plaintiff being satisfied that the documents that were requested in the Plaintiff's Petition for Special Relief have been turned over by the Defendant, the hearing scheduled for April 14, 2010 at 2:30 p.m. is hereby cancelled. BY THE COURT, Distribution List: ,/Douglas G. Miller, Esquire For Plaintiff/Petitioner /1V1aik A. Mateya, Esquire For Defendant/Respondent A1/1?/?v