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Home My WebLink About07-2859AHRENS LAW FIRM, P.C. JEANNA B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 52 Gettysburg Pike Mechanicsburg, PA 17055 Telephone No. (717) 697-1800 Attorney for Defendant ROBERT L. SOWERS, JR., Plaintiff VS. MARILYN C. McFADDEN, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - AT LAW CUSTODY COMPLAINT IN CUSTODY AND NOW, comes Plaintiff, Robert L. Sowers, Jr., by and through his attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint in Custody: 1. Plaintiff, Robert L. Sowers, Jr., is an adult individual currently residing at 1338 Penn Street, Harrisburg, Dauphin County, Pennsylvania, 17102. 2. Defendant, Marilyn C. McFadden, is an adult individual currently residing at an unknown location in Carlisle, Cumberland County, Pennsylvania. 3. There is one dependent child from the relationship of the parties, namely Amari McFadden-Sowers, hereinafter referred to as the child. 4. The child was not born out of wedlock. The parties are married to each other but have been residing separately since approximately the spring of 2005. 5. The child is presently in the custody of Defendant, who currently resides in Carlisle, Cumberland County, Pennsylvania, in a residence unknown to Plaintiff. 6. Since birth, the child has resided with the following persons at the following addresses: Name Address Dates Plaintiff 153 D Street 1/24/05 until Defendant Carlisle, PA 17013 March of 2005 Defendant 4 W. Mulberry Hill Rd. March of 2005 Freddy McFadden (Defendant's mom) Carlisle, PA 17013 until ? Roseann Jefferson (aunt of Defendant) Isaiah Paschall (Defendant's son) 7. Plaintiff is the natural father of the child and he currently resides with his aunt, Phyllis Sowers-Alton, at 1338 Penn Street, Harrisburg, Dauphin County, Pennsylvania, 17102. 8. Defendant is the natural mother of the child and she currently resides at an unknown location in Carlisle, Cumberland County, Pennsylvania. It is unknown by Plaintiff with whom Defendant resides. 9. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 10. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 11. 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 interest and permanent welfare of the child will be served by granting 2 Plaintiff primary physical and shared legal custody of his son for the following reasons: a. Plaintiff is more likely to encourage a relationship between the child and Defendant than Defendant would encourage a relationship between the child and Plaintiff; b. Defendant has engaged in a course of conduct designed to alienate the child from Plaintiff, C. Defendant has purposely withheld the child from Plaintiff for a period in excess of two (2) years without just cause; and d. Defendant is a more stable person than Plaintiff. 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, Robert L. Sowers, Jr., respectfully requests this Honorable Court to grant him primary physical and shared legal custody of his son. Respectfully Submitted: By: B. COSTOPOUL SQUIRE Attorney I.D. No. 68735 AHRENS LAW FIRM, P.C. 52 Gettysburg Pike Mechanicsburg, PA 17055 Telephone No. (717) 697-1800 Attorney for Plaintiff Date: 3 VERIFICATION I, Robert L. Sowers, Jr., hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: , a"?' `e'S C? Robert L. Sowers, Jr. ? O ? c? .,,,, . ' t 3 ".r ` .31 (x ? ' ? ` ~ ?,i ? `-i (_ ? a? d ( q 1 ROBERT L. SOWERS, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-2859 CIVIL ACTION LAW MARILYN C. MCFADDEN IN CUSTODY DF,FFNDANT ORDER OF COURT AND NOW, Thursday, May 24, 2007 , 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 21, 2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq.. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 All o l : ", `V,' l HE JUL 132001,e ROBERT L. SOWERS, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MARILYN C. MCFADDEN, : NO. 07-2859 Defendant : IN CUSTODY COURT ORDER AND NOW, this t 7 - • day of July, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled] in Court Rwm No. ; of the Cumberland County Courthouse on the 13'r'k day of 2007 at /-?OPO.m. At this hearing, the father, Robert L. Sowers, Jr. shall a the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending the hearing scheduled above, the Court will not enter an Order on custody. However, if the father does make arrangements prior to the hearing to have a professional act as a facilitator to reunite him with the minor child, counsel for the parties may conduct another telephone conference with the Conciliator who may at that time may submit an appropriate interim Custody Order to the Court. THE CO T, cc: .deanne B. Costopoulos, Esqu /-Xndrea H. Duffy, Esquire J -,, ?' j `t?ry? ,;????? -,.> , -% 41k ROBERT L. SOWERS, JR. Plaintiff v MARILYN C. MCFADDEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07-2859 : 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 child who is the subject of this litigation is as follows: Amari McFadden-Sowers, born January 24, 2005. 2. A Conciliation Conference was held on July 12, 2007, via telephone conference between the Custody Conciliator and Jeanne B. Costopoulos, Esquire, who represents the Plaintiff Robert L. Sower, Jr. and Andrea H. Duffy, Esquire, who represents Defendant Marilyn C. McFadden. 3. We are dealing with a child who is approximately two and half years old. Father has not seen the child for over two years. He is in arrears on support about $6,000.00. He is now seeking some type of temporary custody with the minor child. He is willing to go through and initial supervised situation at the YWCA or otherwise. However, the mother demands that the father engage a counselor/psychologist who would help facilitate the first few meetings between and the child. Father indicates he is unwilling to do so and does not have the financial resources to do so. 4. The Conciliator is not prepared to recommend an interim Order at this point because of the long period of time the father has not seen child and the child's young age. The Conciliator feels that a record needs to be made and Judge should take testimony before sending this child with the father absent some preliminary counseling from a professional who will facilitate the reunion of the father with the child. 5. The Conciliator recommends an Order in the fo m as Date: 1310-7 1 Ifubert X. Gilroy,( Esquire Custody Conci 'ator s 11b ROBERT L. SOWERS, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 07-2859 MARILYN C. MCFADDEN, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 13th day of September, 2007, after hearing, we enter the following order: 1. Mother shall have legal and physical custody of the child, Amari McFadden-Sowers, born January 24, 2005. 2. Father shall be entitled to visit with the child through the Interworks Program in a therapeutic setting until a bond has been established. The parties shall equally share the costs of the sessions. The first session shall be scheduled and paid for by Father. Mother shall pay for the next session, and the parties shall alternate payment thereafter. 3. Visitation shall expand by agreement of the parties with appropriate recommendations from the counselors at Interworks. 4. If the parties have been unable to agree upon expanding visitation, we will hear evidence on Friday, November 16, 2007, at 9:15 a.m. at which time we will make a determination as to what supervised visitation schedule should be. We will be interested in hearing from the counselors at Interworks at that hearing. In order to reduce the costs, they may testify by telephone. By the eburt, Edward E. Guido, J. Jeanne B. Costopoulos, Esquire For the Plaintiff Andrea H. Duffy, Esquire For the Defendant :mlc Co -c s rn it , &L 4/ai1o7 VINVAI,kSNN3d 0' :8 WV ! Z d3S LOOT AdVIONOi- iOdd M ?O 3CL?'J!0-UnEi THERESA BARRETT MALE . ........ --................ ._.. - COUNSELOR AT LAW Sandy Davis, Judicial Assistant Cumberland County Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ANDREA HUDAK DUFFY, ESQUIRE SUSAN C. APPLEBY, PARALEGAL sco@tbmesquire.com JONATHAN J. MALE, LEGAL ASSISTANT November 15, 2007 Re: Sowers v. McFadden (# 2007-02859 Civil Term) Dear Ms. Davis: Per my voice mail message to you this afternoon, enclosed are the following: 1. the original and three (3) copies of the order continuing tomorrow's hearing which the parties have agreed to through counsel. 2. envelopes for returning the certified copies of the order to counsel. If you require anything, further, please do not hesitate to contact me. AHD/sca Enclosures Cc: Jeanne B. Costopoulos, Esquire (w/enc) Marilyn C. McFadden (w/enc) Sincerely, Andrea Hudak Duffy Letter and Order Via Facsimile - Hard Copies of All to Follow 513 NORTH SECOND STREET, HARRISBURG, PENNSYLVANIA 17101-1058 TEL: 717-233-3220 • FAX: 717-233-6862 • WWW.TBMESQUIRE.COM Nov. 15. 2007 4:04PM THERESA RARRETT MALE, ESQ. No, 4513 P. 3 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT L. SOWERS Plaintiff V. NO. 2007-02859 Civil Term MARILYN C. MCFADDEN Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, November . 2007, upon agreement of the parties the Court CONTINUES the hearing scheduled for November 16, 2007 at 9:00 a.m. until Anthea Stebbins, MSA completes her written recommendations regarding the progress of the Therapeutic Supervised Visitation program involving plaintiff and the parties' son Amari McFadden-Sowers (dob: 01/24/05). Further, the parties agree that Mr. Sowers shall have an extended supervised visit during the December holidays at the parties' and Ms. Stebbins' convenience. Any additional costs over and above the standard fee shall be borne by Plaintiff. BY THE COURT: Edward E. Guido, J. Distribution: Jeanne B. Costopolous, Esq., 5000 Ritter Rd., Suite 202, Mechanicsburg, PA 17055 Andrea Hudak Duffy, Esq., 513 N. Second St., Harrisburg, PA 17101-1058 Nov.15. 2007 4.04PM THERESA BARRETT MALE, ESQ. THERESA BARRETT MALE COUNSELOR AT LAW November 15, 2007 Sandy Davis, Judicial Assistant Cumberland County Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Sowers v. McFadden (# 2007-02859 Civil Term) Dear Ms. Davis: No. 4513 P. 2 ANDREA HUDAK DUFFY, ESQUIRE SUSAN C. APPLEBY, PARALEGAL =@tbmesquh*.com JONATHAN J. MALE, LEGAI, ASSISTANT Per my voice mail message to you this afternoon, enclosed are the following: 1. the original and three (3) copies of the order continuing tomorrow's hearing which the parties have agreed to through counsel. 2. envelopes for returning the certified copies of the order to counsel. If you require anything, further, please do not hesitate to contact me. Sincerely, Andrea Hudak Duffy AHD/sca Enclosures Cc: Jeanne B. Costopoulos, Esquire (w/enc) Marilyn C. McFadden (w/enc) Letter and Order Via Facsimile -- Hard Copies of All to Follow 513 NORTH SECOND STREET, HARRISBURG. PENNSYLVANIA 17101-1DSB TEL: 717-233-3220 • FAX: 717-233-6$62 0 www,TBMESQUIRE.CQM Nov, 15, 2007 4; 04PM THERESA BARRETT MALE, ESQ. No, 4513 P. 1 THERESA BARRETT MALE, ESQUIRE FACSIMILE TRANSMITTAL SHEET TO. From Honorable Edward E. Guido Andrea Hudak Duffy, Esquire ATTN: Sandy Davis, Judicial Assistant FAX NUMBER: Date: 717-240-6462 November 15, 2007 COMPANY: TOTAL NO. OF PAGES INCLUDING COVER: Cumberland County Court 3 PHONE NUMBER: SENDER'S REFERENCE NUMBER: 717-24"296 # 2007-02669 Civil Term Re: YOUR REFERENCE NUMBER: Sowers v. McFadden ? URGENT EZ FOR REVIEW ? PLEASE COMMENT ? PLEASE REPLY ? PLEASE RECYCLE NOTES/COMMENTS: See attached letter with referenced order. Cc: Jeanne B. Costopoulos, Esquire (717-790.6019) 513 NORTH SECOND STREET • HARRISBURG. PA 17l0i-TOSS PHONE: 717-233.3220 • FAX: 717-233-6362 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT L. SOWERS . Plaintiff v. MARILYN C. MCFADDEN Defendant . NO.2007-02859 Civil Term CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, November / (p , 2007, upon agreement of the parties the Court CONTINUES the hearing scheduled for November 16, 2007 at 9:00 a.m. until Anthea Stebbins, MSA completes her written recommendations regarding the progress of the Therapeutic Supervised Visitation program involving Plaintiff and the parties' son Amari McFadden-Sowers (dob: 01/24/05. Further, the parties agree that Mr. Sowers shall have an extended supervised visit during the December holidays at the parties' and Ms. Stebbins' convenience. Any additional costs over and above the standard fee shall be borne by Plaintiff. BY THFCOOR'? Distribution: Edward E. Guido, J. Jeanne B. Costopolous, Esq., 5000 Ritter Rd., Suite 202, Mechanicsburg, PA 17055 Andrea Hudak Duffy, Esq., 513 N. Second St., Harrisburg, PA 17101-1058 l?C ??'`' ??? Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire ID # 46439 Andrea Hudak Duffy, Esquire ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tb?tbmesauire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT L. SOWERS Defendant V. NO. 2008-02859 Civil Term MARILYN C. MCFADDEN Defendant CIVIL ACTION - CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUNSEL 1. Defendant retained Petitioner to represent her in this action, and signed a retention agreement. 2. Defendant has failed substantially to fulfill an obligation to Petitioner regarding Petitioner's services. 3. Professional considerations require termination of the representation. 4. Jeann6 B. Costopoulos, Esquire, counsel for Plaintiff, concurs with this motion. 5. This matter was previously assigned to Judge Guido for a custody hearing. Wherefore, Petitioner respectfully requests the court to grant her Petition to withdraw as counsel for Defendant. Respectfully Submitted, IL4.or-, Theresa Barrett Male, Esquire Supreme Court # 46439 Andrea Hudak Duffy, Esquire Supreme Court # 60910 513 North Second Street Harrisburg, PA 17101 717-233-3220 Petitioner Date: June / U , 2008 2 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Jeanne B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Attorney for Plaintiff Marilyn C. McFadden 504 Cherry Court Carlisle, PA 17013 Defendant / rX /? 14,4t.'r- Theresa Barrett Male, Esquire Supreme Court # 46439 Andrea Hudak Duffy, Esquire Supreme Court # 60910 513 North Second Street Harrisburg, Pennsylvania 17101-1058 (717) 233-3220 Petitioner Date: June 18, 2008 r 77 At, Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire ID # 46439 Andrea Hudak Duffy, Esquire ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm(M-tbmesguire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT L. SOWERS Plaintiff V. MARILYN C. MCFADDEN Defendant NO. 2OW02859 Civil Term CIVIL ACTION - CUSTODY ORDER AND NOW, June, 2008, upon consideration of the foregoing petition, the Court ISSUES a Rule on plaintiff and defendant to show cause why the petitioner is not entitled to the relief requested. The Rule is returnable within ten (10) days of service. Edward E. Guido, J. t N w ^J J Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire ID # 46439 Andrea Hudak Duffy, Esquire ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tb?tbmesquire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT L. SOWERS Plaintiff V. NO. 2007-02859 Civil Term MARILYN C. MCFADDEN Defendant CIVIL ACTION - CUSTODY MOTION TO MAKE RULE ABSOLUTE 1. On June 19, 2008, Petitioner filed a petition for leave to withdraw as counsel for defendant in this proceeding. 2. On July 1, 2008, the Honorable Edward E. Guido issued a rule to show cause, which was served on counsel and defendant, and which was returnable ten days from the date of service. 3. The return date has passed without answer by either plaintiff or defendant. Wherefore, Petitioner requests the Court to make the rule absolute and to grant her leave to withdraw as Defendant's counsel in this action. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Petitioner Date: July 31, 2008 Pq PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Jeanne B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Attorney for Plaintiff Marilyn C. McFadden 504 Cherry Court Carlisle, PA 17013 Defendant Theresa Barrett Male, Esquire Supreme Court # 46439 Andrea Hudak Duffy, Esquire Supreme Court # 60910 513 North Second Street Harrisburg, Pennsylvania 17101-1058 (717) 233-3220 Petitioner Date: August _?, 2008 7.7 ,-- -s1 AUG 0 5 2008,?b Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire ID # 46439 Andrea Hudak Duffy, Esquire ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbrnCa_tbmesguire corn Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT L. SOWERS Plaintiff V. : NO. 2007-02859 Civil Term MARILYN C. MCFADDEN Defendant CIVIL ACTION - CUSTODY ORDER AND NOW, August , 2008 the Court GRANTS Theresa Barrett Male Esquire, leave to withdraw as counsel for Defendant in this proceeding. BY ;E COUR Edward E. Guido, J. Distribution: Wanne B. Costopoulos, Esquire, 5000 Ritter Road, Ste 202, Mechanicsburg, heresa Barrett Male, Esquire, 513 North 2 r Street, Harrisburg, PA 17101 ?Xarilyn C. McFadden, 504 Cherry Court, Carlisle, PA 17013 A _ 0 3 PA 17055 vino f_ Z :01 WV 8- 9nV 8001 AdViG OriiO id 3Hi d0