Loading...
HomeMy WebLinkAbout07-5765KOPE ~ ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(a~kopelaw.com Attorney for Plaintiff REBECCA FOUTZ, : IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PA vs. NO. o ~'- ~ ~,~.~ ~~~ emu,.. MARCUS FOUTZ, :CIVIL ACTION -LAW Defendant. IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Rebecca Foutz, residing at 43 E. Main Street, New Bloomfield, Perry County, Pennsylvania 17068. Plaintiffs mailing address is PO Box 62, New Bloomfield, PA 17068. 2. The Defendant is Marcus Foutz, currently residing at 99 Salem Church Road, Unit D, Mechanicsburg, Cumberland County, Pennsylvania 17050. Defendant is expected to be relocating shortly. 3. Plaintiff seeks primary physical and shared legal custody of the following child: NAME PRESENT RESIDENCE AGE Madison Foutz 43 E. Main Street 2 years old New Bloomfield, PA D.O.B. 8/21/2005 Plaintiff also seeks an Order granting Plaintiff primary physical and shared legal custody of the parties' unborn child, due November 15, 2007. 4. Madison Foutz (hereinafter the "child") was born out of wedlock. The parties' unborn child will be born in wedlock. 5. The child is presently residing with Plaintiff at 43 E. Main Street, New Bloomfield, Perry County, Pennsylvania 17068. 6. During the past five years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Rebecca Foutz 43 E. Main Street August 2007 -Present New Bloomfield, PA 17068 Rebecca Foutz 621 Adams Road July 2007 -August 2007 Carlisle, PA 17013 Rebecca Foutz 99 Salem Church Road, Unit D Birth -July 2007 Marcus Foutz Mechanicsburg, PA 17050 7. The mother of the children is Rebecca Foutz, residing at 43 E. Main Street, New Bloomfield, Perry County, Pennsylvania 17068. She is married but separated. 8. The father of the children is Marcus Foutz, residing at 99 Salem Church Road, Unit D, Mechanicsburg, Cumberland County, Pennsylvania 17050. He is married but separated. 9. The relationship of Plaintiff to the children is that of Mother. Mother currently resides with the child. 10. The relationship of Defendant to the children is that of Father. Father currently resides alone. 11. Plaintiff has not participated as a party in previous litigation concerning the custody of either child. 12. Plaintiff does not know of a person not a party to the proceeding who has physical custody of either child or claims to have custody or visitation rights with respect to either child. 13. Plaintiff is requesting shared legal and primary physical custody of the children subject to supervised partial custody and/or visitation by Defendant. 14. The best interest and permanent welfare of the children will be served by the granting relief requested because: (a) Mother has been the primary custodian of the child since the child's birth. Mother and the child have a close bond. Further, Mother will be the only parent the unborn child will know upon its birth; (b) Mother works as a nurse, and has the training and the experience to best meet the children's needs; (c) Father has not indicated any desire to be the primary parent; (d) Father currently abuses alcohol and drugs, and as such, is not a proper or safe custodian for the children; (e) Mother is able to provide a stable home and emotional environment for the children; and (f) Mother has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so. Mother will continue to provide such to the children for their care, comfort and control. 15. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court award Plaintiff primary physical and shared legal custody of both children. In the alternative, Plaintiff requests that this Honorable Court award Plaintiff primary physical and shared legal custody of the child, subject to Defendant's supervised visitation by agreement only, and indicate that the Order can be amended upon the birth of the parties' other child to include said child accordingly. Respectfully Submitted, KOPE Dated: ~ ~ d By: VERIFICATION I, Rebecca Foutz, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: Q Z7 O ~ - L~~G~. ~'~~.%~~ Rebecca Foutz ~ CA ~ ~ ~ ~ O ~ { _ ~ ~' r ~ ..~ ~ -~ ~ ~ n~ a -,- _ • . -~ f,•~ :{ REBECCA FOUTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARCUS FOUTZ DEFENDANT 2007-5765 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, October 12, 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, November 08, 2007 at 9:30 AM for aPre-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 ale 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. Gilro Es . 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. 1F 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 ~~~ ~ ~~~ r'~~ ~~ ~i~ ~2~ Gam- ~ ~~ ~~~~! ~1,~1 !r"yam ~\ ~' {-~C' /'°~ ~~~~i~o~ ~a~±~~~~~ ~ ~~~ ~w. ~a ~~~~~~~~ ~.: REBECCA FOUTZ, IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2007-5765 MARCUS FOUTZ, :CIVIL ACTION -LAW Defendant. IN DIVORCE PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please enter the Plaintiff's voluntary discontinuance of the within action pursuant to Pennsylvania Rule of Civil Procedure 229. Respectfully Submitted, TES, LLC Date: ~D ~. v~w+Niu ~ viv- Lesley . Beam, Esq. ATT EY I . D. 91175 466 rindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff ~_. VERIFICATION I, Rebecca Foutz, the Plaintiff in this matter, have read the foregoing Praecipe to Discontinue. I verify that the statement made in this Praecipe is true and correct, and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. I further assert that my decision to discontinue this action is a personal choice, and is not the result of any duress, coercion or fraud by any person. My attorney has advised me that should I choose to refile a custody complaint in the future, I will be responsible for all costs as if a custody action had never been filed. Dated : 1 ~ ~ ~~~ 0 7 °7~~~~C ~~~~~(' - Rebecca Foutz '""a ~~ ~- ~ 'T1 ~x 'GTE.',. ~ .~ Lam', - _,y r ~. ,_ 4 ~ ~ { ,~ . ( ~f..~ .-.-{ ©CT` 2 4 2DD7 ~/ REBECCA FO TZ, : IN THE COURT OF COMMON PLEAS OF Pl intiff :CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW MARCUS FO Z, NO. 2007-5765 D fendant IN CUSTODY COURT ORDER ~~ AND N W, this o7 ~' day of October, 2007, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. I Hubert X. roy, Esquire Custody onciliator ! I ~.. 1 ~ ! ! ~ S~ ! s0 t~~Z f~t~d1G ~iv ~~.~~~~d 3N.1. ~~ ~~--r~;a