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HomeMy WebLinkAbout08-6757PERRY FORNEY, and FRANCES JENNER, Plaintiffs vs. VALDEZ FISHER, and AMBER FORNEY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. D !?-- 67 5`7 Civil Term IN CUSTODY CUSTODY COMPLAINT 1. Plaintiffs are Perry Forney, and Frances Jenner, (hereinafter referred to as "Petitioners") who currently reside at 63 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania, 17070. 2. Defendants are Valdez Fisher, (hereinafter referred to as "Father"), whose last known address is 108 Turnpike Street, P.O. Box 9045, Milesburg, Pennsylvania, 16853, and Amber Forney, (hereinafter referred to as "Mother"), whose last known address is 88 Tip Top Circle, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Petitioner Perry Forney is the Maternal Grandfather of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Kingston Forney 9/7/07 63 McAllister Church Road Carlisle, Pa. 17013 Defendants are the natural parents of the child. Maternal Grandfather, Perry Forney, and his girlfriend, France Jenner, currently have primary physical custody of the child and stand in loco parentis to the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Perry Forney 63 McAllister Church Rd 8/2/08 to present Frances Jenner, Carlisle, Pa. 17013 Girlfriend Dawn Horn Pine Road May 08 - 8/2/08 Carlisle, Pa. 17013 Amber Forney Pine Road Jan. 08 - May 08. Dawn Horn Carlisle, Pa. 17013 Amber Forney Hanover St. Sept. 07 - Jan. 08. Shane Horn Carlisle, Pa. 17013 The mother of the child is Amber Forney. She currently resides at 88 Tip Top Circle, Carlisle, Pennsylvania, 17013. She is not married. The father of the child is Valdez Fisher. His last known address is 108 Turnpike St., P.O. Box 9045, Milesburg, Pennsylvania, 16853. He is not married. 4. The relationship of plaintiffs to the child is that of Maternal Grandfather and girlfriend. Maternal grandfather and Frances Jenner have been together for four years. The plaintiffs currently reside with the child. 5. The relationship of defendants to the child is that of Natural Father and Natural Mother. 6. Plaintiffs have 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. Plaintiffs have information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiffs do 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: In May 2008. Mother left the child with a boyfriend's mother, who was not related to the child. for an extended period of time. Children and Youth became involved with the family, however, the child was not found dependent. After a family group meeting on August 2, 2008, the parties agreed that the child would reside with Maternal Grandfather and his girlfriend. Maternal Grandfather is seeking a formal custody order confirming that he and his girlfriend, Frances Jenner, have prima[y physical custody of the child and shared legal custody. Frances Jenner has been and is antcipated to be involved in the child's medical appointments and schooling. This request is in the best interest of the child because it provides the child with a stable and safe home. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Respectfully submitted, Date: ? ? , / D , ? QI l! l1 Va'n4e Adams, Esquire . No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 0 Date:' Perry Foamy, Plaintiff "- `S f,.-, Frances Jenner, Plaintiff C r ' CD ? c\ Cpl ?? W w V ? ? P PERRY FORNEY AND FRANCES JENNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. VALDEZ FISHER AND AMBER FORNEY DEFENDANT 2008-6757 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, November 17, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, December 22, 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/ ohn I. Man an r. 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 -?zp 9S :z Wd 81 ttoN9001 3^fa?"?--C?I31i? J.- DEC 2 2 2QU8 ? Y PERRY FORNEY and FRANCES JENNER : IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-6757 CIVIL ACTION LAW VALDEZ FISHER and AMBER FORNEY IN CUSTODY Defendants : ORDER OF COURT AND NOW this Ick day of December 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Plaintiffs, Perry Forney and Frances Jenner, and the Mother, Amber Forney, shall have shared legal custody of Kingston Forney, born 09/07/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Plaintiffs Perry Forney and Frances Jenner shall have primary physical custody of the Child subject to Mother's physical custody as follows: a. Mother shall have physical custody of the Child at such times as the parties may mutually agree and arrange. Plaintiffs shall ensure that Mother's physical custody of the Child is under such circumstances that promote the safety and well-being of Kingston. 3. Holidays: The Mother shall have periods of physical custody during holidays as mutually agreed upon. 4. No party to this action may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 5. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 6. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. .--I 7. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: By the Court, J. bane Adams, Esquire ?nber Forney, 88 Tip Top Circle, Carlisle, PA 17013 JXaldez Fisher, 108 Turnpike St., P.O. Box 9045, Milesburg, PA 16853 ?A`m J. Mangan, Esquire r -? a (I WV R 330 EON .-I v PERRY FORNEY and FRANCES JENNER: IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-6757 CIVIL ACTION LAW VALDEZ FISHER and AMBER FORNEY IN CUSTODY Defendants CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 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: Name Date of Birth Currently in the Custody of Kingston Forney 09/07/2007 Plaintiffs 2. A Conciliation Conference was held with regard to this matter on December 22, 2008 with the following individuals in attendance: The Plaintiffs, Perry Forney and Frances Jenner, with their counsel, Jane Adams, Esq. The Defendants, Valdez Fisher and Amber Forney, did not appear. 3. The undersigned recommends the entry of an Order in the form as attached. 114- Date John J M gan, Esquire Cust dy Conciliator