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HomeMy WebLinkAbout08-6951IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RENEE E. FESCHUK Plaintiff NO. 0? b ysl CIVIL TERM V. CIVIL ACTION - LAW JUSTIN PAGE IN CUSTODY Defendant CUSTODY COMPLAINT 1. The Plaintiff is Renee E. Feschuk, residing at 320 Fourth Street, Enola, Cumberland County, PA 17025. 2. The Defendant is Justin Page, residing at Joshua Blvd., New Bloomfield, PA 17068. 3. Plaintiff seeks custody of the following child: NAME PLACE OF RESIDENCE AGE D.O.B. Nicholas Page 320 Fourth Street Enola, PA 17025 2 10/15/2006 4. The child was born out of wedlock. 5. The child is presently in the custody of the Plaintiff who resides at 320 Fourth Street, Enola, PA 17025. 6. During the past five years, the child has resided with the following persons and at the following addresses: 7. 8. PERSONS ADDRESSES DATES Renee E. Feschuk 320 Fourth Street From birth to Marcia Feschuk Enola, PA 17025 present Perry Feschuk Nathan Neyer Ruth Gebhard The mother of the child is Renee E. Feschuk currently residing at 320 Fourth Street, Enola, PA 17025.. The mother is single. - 1 - 9. The father of the child is Justin Page currently residing at Joshua Blvd., New Bloomfield, PA 17068. 10. The father is married. 11. The relationship of Plaintiff to the children is that of Mother. 12. The Plaintiff currently resides with the following persons: NAMES RELATIONSHIP Nicholas Page Son Marcia Feschuk Mother Perry Feschuk Father Nathan Neyer Brother Ruth Gebhard Grandmother 13. The relationship of Defendant to the child is that of father. 14. The Defendant currently resides with the following persons: NAMES RELATIONSHIP Rebecca Page Wife 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 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 or claims to have custody or visitation rights with respect to the children. 18. The best interest and permanent welfare of the children will be served by granting the relief requested because: - 2 - a. Mother has been the only care taking parent of the child since birth. B. Mother is able to provide for the child's health education, and general welfare. 19. 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 requests the Court to grant primary physical custody of the child to the Plaintiff. Respectfully submitted, DIA G. Fb?DCLIFF, ESQUIRE 3448 Trindl Road I , PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 ID No. 32112 Date: ? - 3 - VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 9 Renee E. Feschuk Date: / 79, .G r W ca ? n ? > M M V1 Ut N c? .?c N rn?il -1 ?-rte rr L' .. _. RENEE E. FESCHUK IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JUSTIN PAGE 2008-6951 CIVIL ACTION LAW IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, December 01, 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 Tuesday, December 30, 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, 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 73--ZRI r 'uu 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RENEE E. FESCHUK Plaintiff NO. 2008-6951 CIVIL TERM V. CIVIL ACTION - LAW JUSTIN PAGE IN CUSTODY Defendant AFFIDAVIT OF SERVICE I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on December 10, 2008, 1 served a true and correct copy of the Custody Complaint and Custody Conciliation Order of Court upon Justin Page, the Defendant, by Certified Mail, Restricted Delivery, addressed as follows: Justin Page 134 Eithan Avenue New Bloomfield, PA 17068 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and m Sworn to and subscribed before me a Notary Public in and for Cumberland County, Pennsylvania this Jyhday of200f. NOTARY PUBLIC COMMONWEALTH OF PfENN8YLW4NIA Notarial Seal Deborah L. DoNey, Notary Public My commission expires: Camp KI Boro, Cumberland County My Commission E)ires Sept 23, 2011 Member, Pennsylvania Association of Notaries Camp Hill, PA 17011 Supreme Court I.D. No. 32112 Attorney for Plaintiff .0& ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature ? Agent X ? Addressee B. eived by (Piro! ) C. Date 9f Qeelivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type Aert?ed Mail ? Express mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 2. Article Number 7005 3110 0004 2994 4474 (na ww from PS Form 3811, February 2004 Domestic Return Receipt 102555-02-M-1540 EXHIBIT "A" RETURN RECEIPT CARD J 3 y ul ?P•"t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RENEE E. FESCHUK : Plaintiff : N0. 0?' ?C CIVIL TERM V. CIVIL ACTION - LAW JUSTIN PAGE IN CUSTODY Defendant AND NOW, this _ day of December, 2008, Renee E. Feschuk, ("Mother") and Justin Page ("Father") (Mother and Father are individually "Parent" and collectively "Parents") hereby stipulate and agree to the following regarding custody of their minor child, Nicholas Page, age 2, born on 10/15/2006 (the "Child"): 1. LEGAL CUSTODY: The Parents shalt have shared legal custody, defined in 23 Pa.C.S.A. 55302 as the legal right to make major decisions affecting the best interest of a minor child, including, but not limited to, medical, religious and educational decisions. Pursuant to the terms of 23 PA. C.S.A. 55309, 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: The following shall apply regarding physical custody of the Child: A. Primary Custody: Mother shall have primary physical custody of the Child and shall have physical custody of the Child for all periods not specifically reserved for Father herein. B. Partial Physical Custody: Father shall have partial physical custody of the Child in accordance with the following schedule: i. Alternating Weekends: Each party shall have physical custody of the Child on alternating weekends from Friday at 10:00 am. until Sunday at 10:00 am until the child is in kindergarten, and then from Friday at 6:00 pm. until Sunday at 6:00 pm. evening. Father's first alternating weekend shall be the weekend of December _Z t0. , 2008. -1- agreement, Father shall have such additional periods of partial physical custody at such times and on such dates as the parties shall mutually agree. C. Extracurricular Activities: Both Parents shall honor and participate in the activities that the Child wishes to engage in. During a Parent's custodial period, that Parent shall make certain that the Child attends any extracurricular activities and will transport the Child to and from such activities and the preparation and practice of the activities that are scheduled, in such time so that the Child is able to participate in those activities. Neither Parent shall, however, shall commit the Child to activities that fall during the other Parent's periods of custody without the consent of the other Parent, which consent shall not be unreasonably withheld. The foregoing notwithstanding, a Parent shalt not be required to take the Child to an activity if that Parent is out of town during the activity. In the event the custodial Parent is unable to deliver the Child to a particular activity, he or she shalt notify the other Parent who shall be entitled to pick up and deliver the Child to the activity and the custodial Parent shall make certain that the Child is ready for pick up in time to timely attend the activity. D. Precedence: The Holiday/Special Day schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. E. Modification: The Parents shall be at liberty to modify the physical custodial periods herein provided to accommodate their respective schedules and special events, but both Parents must be in complete agreement to any new or modified terms. If such mutually agreed upon modification is in writing (including email transmission which evidencing consent), it shall be binding upon the Parents to the extent and for the duration mutually agreed upon by the Parents. No Parent shall be deemed to be in contempt of court for abiding by the terms of any such signed written mutual agreement. F. TranWrtation: The transportation necessary for the custodial exchanges herein set forth shalt be shared by the Parents. The Parent receiving custody of the Child shall provide the transportation for that custodial exchange. During periods of transportation, both Parents shall ensure that seat belts and other proper protection are used when transporting the Child. .3- 3.0 MISCELLANEOUS TERMS: A. No Derogatory Comments: Neither Parent will undertake, or permit by any other person, the poisoning of the Child's mind against the other Parent, by conversation or otherwise, any communication that explicitly or inferentially derides, ridicules, condemns, or in any manner derogates the other Parent or extended family members. Neither Parent shall attempt, or condone any attempt, directly or indirectly, to estrange the Child from the other Parent. At all times each Parent shall encourage and foster in the Child a sincere respect and affection for the other Parent. B. No Discussion: Neither Parent shall discuss any aspect of the custodial situation, other than finalized custody schedules, with the Child. Neither Parent shall discuss any pending legal action involving the Parents with the Child. Neither Parent utilize the Child for purposes of conveying information or inquiries pertaining to the Child and/or any pending legal action to the other Parent. C. Telethon Contact: Both Parents shalt be afforded reasonable telephone contact with the Child while in the other Parent's custody and for said purposes each Parent shall provide the other Parent with his or her home phone number. Each Parent, step-Parent, or live-in mate shall not unreasonably interfere with the Child's right to privacy during such telephone conversations, nor shall listen to that conversation an extension telephone. Each Parent shall see that the Child calls the other Parent upon receipt of any phone message requesting such a return call. D. Residence Address: Each Parent shall at all times provide the other Parent with his or her residence/ home address where the Child can be reached when in that Parent's custody. E. Tem2rary Absence: When the Child will be staying away from the then custodial Parent's residence for a period in excess of 24 hours, that Parent shall provide the other Parent with reasonable notice of the address of the locations where the Child will be staying. 4. ENTRY OF COURT ORDER: The Parents authorize the Court of Common Pleas of Cumberland County Pennsylvania to enter an order incorporating the terms of this Custody Agreement. IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their -4- hands and seals the day and year below written. WITNESS: {SEAL} RENEE E. FESCHUK Date: D {SEAL} V§'IR PAGE Date: 3 G? -5- - ?-, ? ; ?_ F 1_ ? 4.8?: .....t .t „} P? 4., "C. ? ^e 'S? v `ilti AL r DECO 3 0 2 t, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RENEE E. FESCHUK Plaintiff V. . JUSTIN PAGE Defendant NO. 2008-6951 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY ORDER AND NOW, this A day of :/ , 2007 , upon consideration of the within Stipulated Custody Agreement, IT IS HEREBY ORDERED AND DECREED that the Parents' Stipulated Custody Agreement is incorporated into this Order and entered as an Order of this Court the same of if fully set forth herei D' tribution To: Attorney for Plaintiff. Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 'Defendant, Pro Se: Justin Page, 134 Ethan Avenue, New Bloomfield, PA 17068. 14T P eZ r 12? c 14-7 G a? ,"`"?,., .. »?. y ,? -- _ ?j7 ''?.? L '" f ? V c.3?. ,?„y ?+^' ?? ..Y?? ?? ?kj f.?` ' t .l?k ? i t?.?... ' C.`$ DEC 3 , Z M(, RENEE E. FESCHUK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW JUSTIN PAGE, NO. 2008-6951 Defendant IN CUSTODY ORDER l ?r?r? AND NOW, this J" day of December, 2008, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. /?W\* Hubert X. roy, Esquire Custody onciliator 's na .3 -TI i } JEANNE B. COSTOPOULOS,ESQUIRE L 3 OCT 2 �� I. .: Attorney I.D.No. 68735 !i 3 F ) 5000 Ritter Road, Suite 202 P FINS`1,LVA Ni \ Mechanicsburg, PA 17055 Telephone No. (717)221-0900 RENEE E. UNGER : THE COURT OF COMMON PLEAS OF f/k/a RENEE E. FESCHUK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. 2008-6951 CIVIL TERM vs. JUSTIN PAGE, : CIVIL ACTION-AT LAW Defendant : CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONTARY: Kindly enter the appearance of Jeanne B. Costopoulos, Esquire, as attorney for the Plaintiff, Renee E. Unger, f/k/a Renee E. Feschuk, in the above captioned matter. Dated: itpz y' 3 Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717)221-0900 PA Supreme Ct. ID No. 68735