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Home My WebLink About08-0105 STACY L. BITTINGER, Plaintiff V. JAMES C. KOCH II and NICHOLE M. FANUS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.: 08- 10S (.a Tu,» IN CUSTODY CUSTODY COMPLAINT AND NOW, comes Plaintiff by and through her counsel, Andrew H. Shaw, and brings this Custody Complaint: 1. Plaintiff is an adult individual residing at 11 Run Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Nichole E. Fanus is an adult individual who resides at 11 Run Road, Carlisle, Cumberland County, Pennsylvania. 3. Defendant James C. Koch, II is an adult individual who resides at 1820 Townhill Road, York Springs, York County, Pennsylvania. 4. Plaintiff seeks custody of the following child (hereinafter "Child"): a. McKayla A. Fanus, 11 Run Road, Carlisle; age 3. 5. The child was born out of wedlock. 6. The child is currently residing with Plaintiff at 11 Run Road, Carlisle, Pennsylvania. 7. During the past three years, the child has resided with the following persons and at the following address, 11 Run Road, Carlisle, Pennsylvania; Stacy L. Bittinger and Nichole Fanus. 8. Defendant Nichole M. Fanus is the mother of the child. 9. Defendant James C. Koch, II is the father of the child. f . 10. Plaintiff is in loco parentis of the child. Plaintiff is single. 11. Plaintiff currently resides in the home with the child and the child's mother, Nichole Fanus. 12. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 14. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the Child. 15. The best interests and permanent welfare of the Child will be served by granting the relief requested because of the following facts: a. Defendant James C. Koch, II has abandoned the Child b. Defendant Nichole M. Fanus is in agreement with the relief requested; c. Plaintiff has continually provided for the Child since the Child's birth; d. Defendant James C. Koch last communicated to Plaintiff and Defendant Nichole M. Fanus that he did not want custody of the child; 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the Child. t WHEREFORE, Plaintiff requests this Court award joint physical and legal custody to Plaintiff and Defendant, Nichole M. Fanus. Respectfully submitted, Date: By: _ Andrew H. Shaw, squire Sup. Ct. ID No.: 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 (717) 243 - 7135 (717) 243 - 7872 (facsimile) Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are subject to the penalties under 18 Pa. C. S. § 4904 relating to unworn falsification to authorities. Stacy L. Bittin C? ^' c? ?) :_- ? 'ri ?? ? r?3__, ' ??. ?' -r ? , ...: ? ?, ? _ ? , ? ?t ?' 1 ??" `-' ? ? ._' ? ?. r, ? d STACY L. BITTINGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-0105 CIVIL ACTION LAW JAMES C. KOCH, II AND NICHOLE M. FANUS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, January 15, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 07, 2008 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es - 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 / STACY L. BITTINGER, Plaintiff V. JAMES C. KOCH H and NICHOLE M. FANUS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.: 2008-0105 IN CUSTODY PROOF OF SERVICE I, Andrew H. Shaw, Counsel for the Plaintiff, Stacy L. Bittinger, hereby certify that a true and correct copy of the Custody Complaint and Order of Court for Pre-Hearing Custody Conference in the above captioned case was served upon Defendant via personal service on January 25, 2008. Date: -_, ?- d 2? Andrew H. Shaw, Es Counsel for Plaintiff PA Sup. Ct. ID Num. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 717-243-7135 *..> ?:? ::;;1 ?.,..F c_a;y ?,. ---8 . ?«? ? \»1 ?x-• ?3.1 2008 i STACY L. BITTINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - AW JAMES C. KOCH, II, and NO. 2008-0105 NICHOLE M. FANUS, Defendants IN CUSTODY COURT ORDER AND NOW, this 11_ day of February, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Nichole M. Fanus, and the maternal aunt, Stacy L. Bittinger, shall enjoy shared legal and shared physical custody of McKayla A. Fanus, born March 23, 2004. 2. The father, James C. Koch, H, shall enjoy periods of visitation with the minor child at such times and under such circumstances as agreed to by the mother and the maternal aunt. 3. In the event the father is dissatisfied with the arrangement with respect to his visitation, father may petition to have this case again scheduled with the Custody Conciliator for a conference. Additionally, in the event there is any disagreement between the mother and the maternal aunt with respect to custody and either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, Ilk Judge cc: ? Andrew H. Shaw, Esquire C,? C s. Nichole M. Fanus mat V."Mr. James C. Koch, 11 I C :C Hd 11 833 OOOZ "Mi ?o e .r l STACY L. BITTINGER, Plaintiff v JAMES C. KOCH, II, and NICHOLE M. FANUS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2008-0105 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: McKayla A. Fanus, born March 23, 2004 2. A Conciliation Conference was held on February 7, 2008, with the following individuals in attendance: The maternal aunt, Stacy L. Bittinger, with her counsel, Andrew H. Shaw, Esquire,and the mother, Nichole M. Fanus, who appeared without counsel. The father, James C. Koch, II, did not appear. He was notified of the conference by personal service from Attorney Shaw, who gave him a copy of the Petition and the Order scheduling a conference on January 25, 2008. 3. The father has not seen the child since the child was nine months old. The child has been living with the maternal aunt and the mother for a period of time, and there is an agreement for a joint custody provision between the two of them. 4. The Conciliator recommends an Order in the form as attached. Date: February (, 2008 A?:: ? A - Hubert X. Gilroy, quire Custody Conciliat