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HomeMy WebLinkAbout10-0228DANIEL L. FEARNBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ?0_ CORTNEY J. FEARNBAUGH, IN CUSTODY Defendant. ; a 4 -a ?_r 1 CUSTODY COMPLAINT _., 1. The Petitioner Daniel L. Fearnbaugh, is an adult individual who currently r 'des I I - I P.O. Box 171, Newville, 17241, Cumberland County, Pennsylvania. 2. The Respondent, Cortney J. Fearnbaugh, is an adult individual who currently resides at 520 Shed Road, Newville, Pennsylvania 17241, Cumberland County, Pennsylvania,. 3. There are two children of the parties, Alexis Fearnbaugh, DOB 10/31 /01 and Bryce Fearnbaugh, DOB 6/25/04. 4. Petitioner seeks primary of the following children: Name Present Residence Age Alexis Fearnbaugh Bryce Fearnbaugh 520 Shed Road Newville, PA 520 Shed Road Newville, PA The children were not born out of wedlock 8 years 3 months 5 years 7 months The children are currently residing with Defendant, Cortney J. Fearnbaugh, who resides at 520 Shed Road, Newville, Pennsylvania. 5. The mother of the children is Defendant, Cortney J. Fearnbaugh, currently residing at 520 Shed Road, Newville, Pennsylvania. PA 174.x4 A/y 14&,mb 901)a3y N:' /X735 lo"( 6. The father of the children is Plaintiff, Daniel L. Fearnbaugh currently residing at P.O. Box 171, Newville, Pennsylvania, however father intends to move into the marital residence as of the date of this filing to maintain the only home the children have known. 7. The relationship of the Petitioner to the children is that of natural father. 8. The relationship of the Respondent to the children is that of natural mother. 9. There is currently no Court Order. 10. Petitioner does not know of a person not a party to the proceedings who has physical custody of any of the children or claims to have physical custody or visitation rights with respect to the children. 11. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) Petitioner is the natural father of the children; (b) Petitioner has established a relationship with the children; (c) Petitioner desires to continue exercising parental duties and enjoys the love and affection of the children; (d) The children should be permitted to enjoy the love, affection, and emotional support which can be provided by their natural father. (e) The children would benefit from custody being transferred to their natural father because of the current situation, which is explained in detail in paragraph 12 below. 12. Defendant's erratic and abusive behavior poses a threat of harm to the children in that she has unilaterally put her own interests before the health, safety and welfare of her children. Moreover, on January 5, 2010, Defendant left the children with a neighbor so she could go to the gym, while at the gym; Defendant realized dinner was in the oven. Defendant then instructed her eight (8) year old daughter Alexis to go into the house to turn off the stove. Upon entering the home, the child was met with a home full of black smoke. Such decision making (that of sending an eight (8) year old child into harms way without any aforethought or adult supervision) showed a reckless disregard for the health, safety and welfare of the child. 13. 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. No other persons are known to have or claim a right to custody or visitation of the children to be given notice of the pending nature of this action and the right to intervene. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Emergency Order granting primary physical custody of the child(ren) to Plaintiff pending the scheduling of a conference or hearing on the matters alleged herein. Respectfully submitted, ROMINGER & ASSOCIATES Dated: D Michael O. Palermo, Jr., squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff/Petitioner DANIEL L. FEARNBAUGH, Plaintiff, V. CORTNEY J. FEARNBAUGH, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. : IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Custody Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Cortney J. Fearnbaugh 520 Shed Road Newville, PA 17241 Dated: )MLI? Respectfully submitted, ROMINGER & ASSOCIATES _V40aA4 --- Michael O. Palermo, Jr., squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff/Petitioner VERIFICATION Michael O. Palermo, Jr., Esquire, states that he is the attorney for, Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unswom falsification to authorities. Date: ?.OIL7 4?' Michael O. Palermo, Jr., squire Attorney for Plaintiff FILED-OFTCE OF THc PGUTNLNOTAP,Y 1010 JAN -7 AM 9: 12 DANIEL L. FEARNBAUGH, Plaintiff, V. CORTNEY J. FEARNBAUGH, Defendant. PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner, Daniel L. Fearnbaugh, by and through his attorney, Michael O. Palermo, Jr., Esquire, and avers the following in support of this Petition for Emergency Relief: 1. The Petitioner Daniel L. Fearnbaugh, is an adult individual who currently resides at P.O. Box 171, Newville, 17241, Cumberland County, Pennsylvania. 2. The Respondent, Cortney J. Feambaugh, is an adult individual who currently resides at 520 Shed Road, Newville, Pennsylvania 17241, Cumberland County, Pennsylvania, . 3. There are two children of the parties, Alexis Fearnbaugh, DOB 10/31/01 and Bryce Fearnbaugh, DOB 6/25/04. p? ': tip, r.':?s?,;'V?Y IN THE COUR°1 &% ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. f (} - x-15/ ?a r t IN CUSTODY 4. Petitioner seeks primary of the following children: Name Present Residence Age Alexis Fearnbaugh Bryce Fearnbaugh 520 Shed Road Newville, PA 520 Shed Road Newville, PA 8 years 3 months 5 years 7 months The children were not born out of wedlock The children are currently residing with Defendant, Cortney J. Fearnbaugh, who resides at 520 Shed Road, Newville, Pennsylvania. 5. The mother of the children is Defendant, Cortney J. Fearnbaugh, currently residing at 520 Shed Road, Newville, Pennsylvania. 6. The father of the children is Plaintiff, Daniel L. Fearnbaugh currently residing at P.O. Box 171, Newville, Pennsylvania, however father intends to move into the marital residence as of the date of this filing to maintain the only home the children have known. 7. The relationship of the Petitioner to the children is that of natural father. 8. The relationship of the Respondent to the children is that of natural mother. 9. There is currently no Court Order. 10. Petitioner does not know of a person not a party to the proceedings who has physical custody of any of the children or claims to have physical custody or visitation rights with respect to the children. 11. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) Petitioner is the natural father of the children; (b) Petitioner has established a relationship with the children; (c) Petitioner desires to continue exercising parental duties and enjoys the love and affection of the children; (d) The children should be permitted to enjoy the love, affection, and emotional support which can be provided by their natural father. (e) The children would benefit from custody being transferred to their natural father because of the current situation, which is explained in detail in paragraph 12 below. 12. Defendant's erratic and abusive behavior poses a threat of harm to the children in that she has unilaterally put her own interests before the health, safety and welfare of her children. Moreover, on January 5, 2010, Defendant left the children with a neighbor so she could go to the gym, while at the gym; Defendant realized dinner was in the oven. Defendant then instructed her eight (8) year old daughter Alexis to go into the house to turn off the stove. Upon entering the home, the child was met with a home full of black smoke. Such decision making (that of sending an eight (8) year old child into harms way without any aforethought or adult supervision) showed a reckless disregard for the health, safety and welfare of the child. 13. 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. No other persons are known to have or claim a right to custody or visitation of the children to be given notice of the pending nature of this action and the right to intervene. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Emergency Order granting primary physical custody of the child(ren) to Plaintiff pending the scheduling of a conference or hearing on the matters alleged herein. Dated: 1 2.010 Respectfully submitted, ROMINGER & ASSOCIATES Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff/Petitioner DANIEL L. FEARNBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. CORTNEY J. FEARNBAUGH, IN CUSTODY Defendant. CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Petition for Emergency Relief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Cortney J. Fearnbaugh 520 Shed Road Newville, PA 17241 Dated: O O Respectfully submitted, ROMINGER & ASSOCIATES 7 --A?OA mi?^A Michael O. Palermo, Jr., squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff/Petitioner VERIFICATION Michael O. Palermo, Jr., Esquire, states that he is the attorney for, Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. 0 `a?`? Date: NiAl Michael O. Palermo, Jr., squire Attorney for Plaintiff DANIEL L. FEARNBAUGH IN THE COURT OF COMMON PLEAS OF' PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-228 CIVIL ACTION LAW CORTNEY J. FEARNBAUGH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, Januar?ll, 2010 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, January 19, 2010 at 10:30 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 uelrne M. Verne 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 FORTII 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 FILE !(D 2010 JAN I I PH Li: 01 DANIEL L. FEARNBAUGH, PLAINTIFF V. CORTNEY J. FEARNBAUGH, DEFENDANT IN THE COURT 01= COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-228 CIVIL IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 11th day of January, 2010, upon consideration of the Plaintiff's Petition for Emergency Relief, and the Court r oting that the Defendant has also filed a Petition to Modify Custody at 2007-225E Civil, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Petition for Emergency Relief is DENIED. IT IS FURTHER ORDERED AND DIRECTED thet the matter is set down for a custody conciliation with Jacqueline Verney, Esquire, on Tuesday, January 19, 2010, at 10:30 a.m. By the Court, Michael O. Palermo, Jr., Esquire /Attorney for Plaintiff ? Mark Mateya, Esquire Attorney for Defendant Jacqueline Verney, Esquire Custody Conciliator Court Administrator -6\S 1111' Ip bas lfi.-L / M. L. Ebert, Jr., J. "110 w HIM CD DANIEL L. FEARNBAUGH, Plaintiff v. CORTNEY J. FEARNBAUGH, Defendant To tl:e Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS~., V~NIA z o Ti CIVIL ACTION -LAW ~~~? -~ ;- . 10-0228 CIVIL TERM ~" -~' r ~ ~:-; IN CUSTODY ~~ i.' ~ ~-- N .. :J ~ ~ PRAECIPE TO WITHDRAW APPEARANCE ~ c.n ~, cn -c Please withdraw the appearance of the law firm of Rominger & Associates on behalf of the Plaintiff, Daniel L. Fearnbaugh, in the above captioned case. Respectfully Submitted, Dated: a/~~~~ Ca~tal~ To the Prothonotary: ROMINGER & ASSOCIATES ~~ Michael O. Palermo, Jr.,~cs uire Supreme Court I.D. No. q3~3~ .t~l, Pennsylvania - 11013 (717) 975-2840 PRAECIPE TO ENTER APPEARANCE riease enter my appearance on behalf of the F'iaintif% Daniel L. Feax~baugh, ir. the above captioned case. Respectfully Submitted, IRWIN & McKNIGHT, P.C. `~ Date: ;~~e3`/tj Douglas .Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MARK A. MATEYA, ESQUIRE P.O. BOX 127 BOILING SPRINGS, PA 17007 Date: February 3, 2010 IRWIN & McKNIGHT, P.C. Do glas G filler, Esquire Supreme urt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 JUL ~t l 2010 DANIEL L. FEARNBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2010-228 CIVIL ACTION -LAW CORTNEY J. FEARNBAUGH, ~ ~ - Defendant : IN CUSTODY o ~' ~~~~ ~ -~ -;; ~ .`.~ - r-- ~~~r--- _ --~ !~ ORDER OF COURT .- -v -~ ~~~ ~ =;-~ AND NOW, this 12th day of July, 2010, being advised that the partied haves reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq line M. Verney, Esquire, Cu dy Conciliator