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HomeMy WebLinkAbout09-5635MICHAEL COUCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009- SHANNON MARIE COUCH, Defendant CIVIL ACTION -LAW CUSTODY COMPLAINT FOR CUSTODY OF MINOR CHILDREN Plaintiff R. Michael Couch, by his attorneys, Snelbaker & Brenneman, P. C., hereby vers the following: 1. Plaintiff is R. Michael Couch, an adult individual residing at 123 York Street, ellsville, York County, Pennsylvania. 2. Defendant is Shannon Marie Couch, an adult individual residing at 2379 Lindsay Lot Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: PRESENT RESIDENCE AGE A. Couch 123 York Street, Wellsville, PA 14 (D. O. B. 10/27/1994) M. Couch 2379 Lindsay Lot Road, 12 (D.O.B. 08/25/1996) Shippensburg, PA The children named above were born out of wedlock. Michaela A. Couch is presently in the custody of Plaintiff at his residence as in Paragraph 1, above. Lea M. Couch is presently in the custody of Defendant at her residence as indicated in aragraph 2, above. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. During the last five (5) years, the children subject to this custody action resided with following persons and at the following addresses: tSONS ADDRESSES DATES iff (Michaela) 123 York Street August, 2008 to Wellsville, PA Present dant (Lea) 2379 Lindsay Lot Road August, 2008 to Shippensburg, PA Present and Lea) intiff and Defendant, 415 Allegheny Drive March, 2008 to ry Ann Couch, Jim Couch Mechanicsburg, PA August, 2008 laintiff and Defendant Williamsgrove Mobile January, 2008 to oni Miller, Curtis Miller, Jr., Community March, 2008 alia Miller, Curtis Miller, III Williamsgrove Road Mechanicsburg, PA laintiff and Defendant 38 Rocky Ridge Road December, 2004 to olly Foreman, Samantha Dillsburg, PA January, 2008 erno The mother of the children is Defendant Shannon M. Couch, who is currently residing at address indicated in Paragraph 2, above. She is married to Plaintiff. The father of the children is Plaintiff R. Michael Couch, who is currently residing at address indicated in Paragraph 1, above. He is married to Defendant. 4. The relationship of Plaintiff to the children is that of father. The Plaintiff currently with the following persons: NAME Michaela A. Couch Yvette R. Pickel RELATIONSHIP Daughter Girlfriend LAW OFFlCES SNELBAKER a _2 BRENNEMAN, P.C. 5. The relationship of Defendant to the children is that of mother. The Defendant resides with the following persons: NAME Lea M. Couch Holly Foreman Cole J. Foreman Steve Verno Samantha R. Verno RELATIONSHIP Daughter Sister Nephew Boyfriend Niece 6. Plaintiff has not participated as a party in other litigation that involved custody of the ies' children. Plaintiff has no information of a custody proceeding concerning the children pending in a of this Commonwealth. Plaintiff does not know of a person not a party to these proceedings who has custody of the children or claims to have custody or visitation rights with respect to the 7. The best interest and permanent welfare of the children will be served by granting physical custody to Plaintiff because Plaintiff can and has provided an emotionally home and stable environment for his children. 8. Each parent whose parental rights to the children have not been terminated and the who has physical custody of the children have been named as parties to this action. All persons, named below, who are known to have or claim a right to custody or visitation of children will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff R. Michael Couch requests this Court to grant him primary -3- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. custody of his children, Michaela A. Couch and Lea M. Couch. SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 August 12, 2009 Attorneys for Plaintiff R. Michael Couch LAW OFFICES -4- SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I that false statements herein are made subject to the penalties of 18 Pa.C.S. Section relating to unsworn falsification to authorities. 1 R. Michael C ch August 12, 2009 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CAF THE fjC,?WARy 1009 ALIG 13 AM D. 28 T 4 Mt ',?D Q-,?' R. MICHAEL COUCH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-5635 CIVIL ACTION LAW SHANNON M. COUCH IN CUSTODY DF,FENDANT ORDER OF COURT AND NOW, Tuesday, August 18, 2009 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 Friday, September 25, 2009 at 9_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 ii nNoTARy 2009 AUG 18 PM 3. R. MICHAEL COUCH, Plaintiff V. SHANNON MARIE COUCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-5635 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND SS. Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for R. Michael Couch, the Plaintiff in the above-captioned action; that on August 13, 2009 he did send to Defendant Shannon Marie Couch by certified mail, return receipt requested, restricted delivery a certified copy of the Custody Complaint that was filed with respect to the above action as evidenced by the cover letter of the same date and Receipt For Certified Mail No. 7004 1350 0004 1256 4927; that both the Complaint and cover letter were duly received by Defendant Shannon Marie Couch as evidenced by the Return Receipt card for said certified mail dated August 14, 2009; that a copy of the aforementioned cover letter dated August 13, 2009 is attached hereto and incorporated by reference herein as "Exhibit A"; that the original Receipt For Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the facts stated above are true and correct to the best of his knowledge, information and belief. ?r Sworn to and subscribed before me this LAW OFFICES 17th day of August, 2009. SNELBAKER & BRENNEMAN, P.C. Notary Public Keith O. Brenneman COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L MatraA, Notary Pubic Medenicsburg Boro, Cumberland County My Commission E)ires Nov. 24, 2011 Member PpnnsiAvani? Association of Notaries SNELBAKER 8 BFZENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WE5T MAIN STREET MECHANICSBL R.G. PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN 717-697-8528 P. O. BOX 318 FACSIMILE (717) 697.7681 Shannon M. Couch 2379 Lindsay Lot Road Shippensburg, PA 17257 Re: Couch v. Couch (Custody)\ Dear Ms. Couch: August 13, 2009 Enclosed please find a certified copy of a custody Complaint that was filed this date with the Office of the Prothonotary in Cumberland County. Yours truly, KOB/sm Enclosure cc: R. Michael Couch (w/enclosure) Keith O. Brenneman By certified mail, return receipt requested, restricted delivery, Parcel No. 7004 1350 0004 1256 4927 Also by first class mail, postage prepaid (w/enclosure) EXHIBIT A l S. Postal Service,., CERTIFIED MAIL,, RECEIPT Domestic Mail Only; No Insurance Coverage Provider'!; U r-? Postage $ O Certified Fee In 0 Return Reclept Fee (Endorsement Required) Ln R%fflc d Dellvery Fee rn (Endorsement Required) IAL USE os s t .o A O j S Total Postage & Fees M V's P C'3 ro Shannon M. Couch ?` 3trieer Api705:; ------------------------------- - --.-...--------------- orPOBoxNo. 2379 Lindsay Lot Road . ......... ...------------ - --------------------------------...--- °? pensburg, PA 17257 PS Form 3800_11111(12002 See Re?er?e for InStFUCtIons ¦ Complete items 1, 2, and 3. Also complete ibm 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attch th card to the back of the.mailpiece, or on t space permits. 1. Article SRan Couch 2379 ay Lot Road Shipp rg, PA 1725.7 A. Signature Xm,.,c ? Agent B. R iv by4PdntedaaName) C. Date of D*4ery & M T& D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type M Certified Mail ? Express Mail ? Registered ? Return Receipt for MemhrKfto ? Insured Mail - ? C.O.D. °° 4. Restricted Delivery? (Extra Fee) yys LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2. Article Number 7004 1350 0004 1256 4927 (Transfer from service Iabeq PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT B RLFu-011-FIICE OF THE NROT4' IONOTARY 2099 AU'S 20 AM c; 3b PE i` ? i ? `1` 04%.N A R. MICHAEL COUCH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW SHANNON M. COUCH, NO. 2009-5635 Defendant IN CUSTODY COURT ORDER AND NOW, this Y' day of 0.^4c.- , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Shannon Marie Couch, and the father, R. Michael Couch, shall enjoy shared legal custody of Michaela A. Couch, born October 27, 1994, and Lea M. Couch, born August 25, 1996 2. The father shall enjoy primary physical custody of the two minor children. 3. The mother shall enjoy periods of liberal temporary custody with the minor children at such times as agreed upon by the parties. 4. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. If 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, Z- cc: O. Brenneman, Esquire Ms. Shannon Marie Couch 0-5r,l'ES r7QtL4 1 o/g? /09 4 R. MICHAEL COUCH, Plaintiff VS. SHANNON M. COUCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-5635 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Michaela A. Couch, born October 27, 1994, and Lea M. Couch, born August 25, 1996. 2. A Conciliation Conference was held on September 25, 2009, with the following individuals in attendance: The father, R. Michael Couch, who appeared with his counsel, Keith O. Brenneman, Esquire, and the mother, Shannon Marie Couch, who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. Date: ?- 2 2009 ? ? v4z Hubert X. Gilroy, Y quire Custody Conciliator FILEu,-SDs-'t-i -'E ?F THE " I l')J ' )TAP 2639 OCT -9 FM 12: 1; V V LJ?IV•II.. ??? ..!i'M?i 7..