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HomeMy WebLinkAbout09-6360PECHT & ASSOCIATES, PC Herbert P. Henderson, II, Esquire PAID No.: 56304 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 Attorneys for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBIN L. FELTNER, Plaintiff, cc -rA4,- v. No.: 01- ?-3" ""Q STEPHEN W. FELTNER, Defendant. COMPLAINT FOR CUSTODY NOW COMES Plaintiff, Robin L. Feltner, by and through counsel, Pecht & Associates and Herbert P. Henderson, II, Esquire, and respectfully avers as follows: 1. Plaintiff is Robin L. Feltner (hereinafter referred to as "Mother")an adult individual residing at 6 Golden Rod Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Stephen W. Feltner (hereinafter referred to as "Father"), an adult individual residing at 408 Grant Drive, York, York County, Pennsylvania 17401. 3. Mother seeks a custody order regarding the parties' minor children Erika Michelle Feltner, age 17, having been born on January 28, 1992; and Brandon Wood Feltner, age 10, having been born on April 13, 1999. 4. The children were not born out of wedlock. 5. During the past five (5) years, the children have resided with the following persons, at the following addresses: a. From July 31, 2007 to the present: with Mother at 6 Golden Rod Drive, Carlisle, Cumberland County, Pennsylvania 17013; b. From 2001 - 2006 at 217 Constitutional Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 6. The parties hereto are the children's biological parents. 7. Mother resides with the children and no one else. 8. Father resides with no one else. 9. The parties hereto are separated. 10. Mother 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. 11. Mother has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 12. Mother does not know of any 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. 13. The best interest and permanent welfare of the children will be served if this Honorable Court enters and Order providing Mother has primary physical custody of the children, and that Mother have such physical custody rights with the children as can be agreed and arranged, pending the custody conference for the following reasons: a. The children have resided in Pennsylvania with their Mother on a full time basis. b. The children attend school in the Cumberland Valley School District in Cumberland County, Pennsylvania and wish to remain in their school. C. Mother has the facilities and the ability to provide excellent care for the parties' children. d. Following an extended period of summer custody with Brandon only, Father told Mother he was going to keep Brandon in his custody at his home and that Brandon would be changing schools. Although Father returned the Brandon to Mother, Mother believes that it is in the best interests of the children that a Custody Order be obtained to avoid future conflict . 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been names as parties to this action. WHEREFORE, Mother respectfully requests this Honorable Court enter an Order as follows: (a) Schedule a custody conference; (b) Grant the parties shared legal custody: (c) Grant Mother primary physical custody of the children, and Father partial physical custody rights with the children as can be agreed and arranged pending the custody conference. Respectfully submitted, P HT & ASSOCIATES, PC September a?, , 2009 Herbert P. Henderson, II PA ID No. 56304 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 VERIFICATION I, Robin Feltner, Plaintiff herein, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. 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. ?-XO-OLL4' ?- I ?z 4d?wzt' Robin Feltner FILED--ti,i°i it CiF THE 2099 SE P 24 Fill 12: 10 G?;f Af: , .., e $ I (05.5o Pb A-MY agoa p,?- a31005 ROBIN L. FELTNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN W.FELTNER DEFENDANT 2009-6360 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 30, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ Tuesday, October 27, 2009 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/ ac ueline M. Veme 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 ll` ? ?? -n y' ??. rte. ? T ? ?°?'?`?' PECHT & ASSOCIATES, PC Herbert P. Henderson, II, Esquire PA ID No.: 56304 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 Attorneys for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBIN L. FELTNER, Plaintiff, V. No.: 2009-6360 STEPHEN W. FELTNER, IN CUSTODY Defendant. AGREEMENT FOR CUSTODY AND NOW, this -, day of October, 2009, the parties herein, intending to be legally bound, do hereby agree as follows: 1. Robin L. Feltner (Mother) and Stephen W. Feltner (Father) shall share legal custody of the minor children, Erika Michelle Feltner, age 17, having been born on January 28, 1992; and Brandon Wood Feltner, age 10, having been born on April 13, 1999. 2. Robin L. Feltner (Mother) shall have primary physical custody of the minor children Erika Michelle Feltner and Brandon Wood Feltner, and they will reside at 6 Golden Rod Drive, Carlise, Cumberland County, PA 17013. StephenW. Feltner (Father) shall have partial custody as follows: a. School year - Alternating weekends: Every other weekend commencing Friday evening at 6:00 p.m until Sunday evening at 5:00 p.m. The parent transferring custody shall transport the children to the other parent's residence. b. Thanksgiving: The parties shall alternate the Thanksgiving Holiday. From Thanksgiving Day at 10:00 am until the following day, Friday, at 8:00 pm. The parent transferring custody shall transport the children to the other parent's residence. Father shall have Thanksgiving, 2009 and the schedule will alternate thereafter. c. Mother shall have custody of the children each December 24th from 10:00 am until December 25th at 10:00 am. Father shall have custody each December 25th from 10:00 am until December 26th at 9:00 pm. The parent transferring custody shall transport the children to the other parent's residence. d. Father elects not to have the children during any other holidays unless they fall on his visitation weekend. e. Summer Vacation: Brandon Wood Feltner will reside with Father beginning the second Saturday after the conclusion of the school year. Mother shall have partial custody of Brandon 2 every other weekend from Friday at 6:00 pm until Sunday at 5:00 pin. f. Mother shall have two non-consecutive weeks consisting of seven (7) consecutive days each week for vacation time in the summer. g. Mother agrees and acknowledges additional custodial time between Father and children will be arranged between the parties, when such time becomes available based upon Father's work schedule and the academic schedule of the children. h. Neither parent will allow smoking in the presence of the minor children. i. The parties shall communicate with each other regarding all major decisions that affect the minor children. Major decisions include, but are not limited to, medical and dental treatment, therapy, litigation (other than custody litigation), education, religious and spiritual matters, extracurricular pursuits and/or activities. Each party shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a party. Such documents include, but are not limited to, medical records, academic and school report cards, birth certificates, etc. All 3 parties may and are encouraged to attend school conference and activities, as well as doctor or dentist appointments. J. Day-to-day decisions of a routine nature shall be made by the party having physical custody at the time. In the event of an emergency, the party with physical custody of the minor children has the authority to make decisions regarding the health and welfare of the minor children. However, any party making emergency decisions shall notify the other party as soon as practical and shall involve the other party in any subsequent decisions that need to be made. k. No party shall engage in a course of conduct designed to alienate the minor children from the other party. 1. Each party is to provide the other with the home address, telephone number, cell phone number and/or e-mail address via which each party can communicate with respect to issues that arise regarding the minor children. In addition, the party having physical custody of the minor children shall not unreasonably withhold telephone and e-mail communication between the minor children and the non-custodial party. in. Transportation to effectuate exchanges of physical custody shall be arranged amicably between the parties with due consideration given to each party's scheduling commitments. As 4 much as practical, the parties shall divide transportation responsibilities as equally as possible. Failing an agreement, it shall be the responsibility of the personal transferring custody to drop-off the minor children at the other party's residence for that other party's periods of physical custody. n. The parties acknowledge that there will be circumstances that occur from time to time which will not permit the periods of custody to occur as described herein due to inclement weather, illness of a child, illness of a party or some other valid cause. In those cases, the parties shall use their best efforts to afford each party with the approximate amount of time the minor children anticipated by the above schedule and that any make-up time shall be provided to the degree it is possible to do so. o. The parties shall permit and support the minor children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by all parties with routine visitations resuming immediately thereafter. Each party shall have the option of proposing time or date variations to the other party when special recreational options or other unexpected opportunities arise. Each party must confer with the other party before arranging regularly occurring 5 extracurricular activities for the minor children which might interfere with regular visitation. 3. The parties agree that this Agreement for Custody shall be presented to the Court for adoption of this Agreement as an Order of Court. Both parties waive their right to Notice of Presentation to the Court. Consented to: Wit ss Commonwealth of Pennsylvania ) ss: County of Cumberland ) 4 k. Atbi?- Robin L. Feltner On this the ? day of October 2009, before me, the undersigned officer, personally appeared ROBIN L. FELTNER, known to me, or satisfactorily proven to be the person described in, and whose name is subscribed to the within interest, and acknowledged she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand an official seal. My Commission Expires: /,Of/Y/// ""IN's FAL.T4 OF PENNSYLVANIA i E"i'T"ARIAL SEALI ._oti !N. Barkenstoes -Notary PuUir ' nmr Allen Up., Cumberland Count)f -.NWISSION EXPIRES OCT. 14, 20111 Not ry Public 6 Consented to: Witness Commonwealth of Pennsylvania ) ss: County of York ) StephenW. Feltner On this the .29' day of October 2009, before me, the undersigned officer, personally appeared STEPHENW. FELTNER, known to me, or satisfactorily proven to be the person described in, and whose name is subscribed to the within interest, and acknowledged he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand an official seal. My Commission Expires: 1C,1W/ COMMONWEALTH OF PENNSYLVANIA NDTARIAL SEAL Lori A, Backenstoes - Notary Public Lower Allen Twp„ Cumberland County MY COMMISSION EXPIRES OCT. 14, - 0 11 5No ary Public l.s Sf Y n ? ?? ?? NOV 0 9 2009 61 ROBIN L. FELTNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-6360 CIVIL ACTION - LAW STEPHEN W. FELTNER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 9th day of November, 2009, being advised that the parties have reached an agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, l r Jac elme M. Verney, Esquire, Custo Conciliator Ev _ T! i 2Ll G9 t!O F 1 2. 3