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HomeMy WebLinkAbout01-2263David L. Austin, Kelly Fahnestock Plaintiff VS. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0/- '~ t~3C1VIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is David L. Austin, residing at 436 1st Street, Carlisle, Cumberland County, Pennsylvania. 2. The defendant is Kelly Fahnestock, residing at 147 N.W. Street, Carlisle, Cumberland County, Pennsylvania. 3. The plaintiffseeks custody of the following child: Name Present Residence Age Deric Fahnestock 147 N.W. Street, Carlisle, Pennsylvania. 1 ½ h The child was born out of wedlock. The child is presently in the custody of Kelly Fahnestock, residing at 147 N.W. Street, Carlisle, Cumberland County, Pennsylvania. During the child's lifetime, he has resided with the following persons and at the following addresses: 8/99-12/99 12/99- 7/00 7/00- 1/01 1/01- 3/01 39 N.E. Street, Carlisle, PA Kelly Fahnestock (Child's mother), Karen Fahnestock (Child's grandmother), Randy Rollins (No relation) 167 Old Town Road, Gardners, PA Kelly Fahnestock, Tom Ford (No relation) & 147 Mullbery Ave., Carlisle, PA Kelly Fahnestock, Mary Ford, Chris Ford (None of the Fords are related to the child) 39 N.E. Street, Carlisle, PA Kelly Fahnestock and Karen Fahnestock Kelly Fahnestock, the child's mother, left with the child without telling the father her whereabouts. The father, does not know where the mother and child resided for this period of time. 3/01- 4/16/01 4/16/01- present 265 Lincoln Street, Carlisle, PA 147 N.W. Street, Carlisle, PA Kelly Fahnestock and current boyfriend, Steve Kelly Fahnestock and current boyfriend, Steve The mother of the child is the defendant, Kelly Fahnestock, currently residing at 147 N.W. Street,Carlisle, Cumberland County, Pennsylvania. The mother is single. The father of the child is the plaintiff, David Austin, currently residing at 436 1st Street, Carlisle, Cumberland County, Pennsylvania. The father is married. 4. The relationship of the plaintiff to the child is that of father. 5. The relationship of the defendant to the child is that of mother. The defendant currently resides with the following persons: Name Relationship Steve Current boyfriend 6. The plaintiffhas 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. 7. The plaintiff has no information on a custody proceeding concerning the child pending in a court of this Commonwealth. 8. The child is in the current physical custody of his mother. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The plaintiff is the child's natural father. b. The father is employed, has housing, and can provide for the child's needs. c. The father can provide a more stable environment for the child than the mother because, unlike the mother, the father is married, and has a stable home life. d. Children and Youth Services are currently investigating the mother regarding the level of care she provides for the child. e. The mother has not acted in the child's best interest by denying him contact with the child, and secreting the child from the father. f. The father is the parent who can best facilitate contact with the child and the other parent. 10. The father requests primary physical custody of the child. 11. Both parents whose parental rights to the child have not been terminated have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant primary physical and legal custody of the child to him with supervised visitation to the defendant at the times and places agreed upon by the parties. Respectfully submitted, Attorney for Plmntlff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I, David L. Austin, verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Complaint are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. David L. Austin Plaintiff David L. Austin, Kelly Fahnestock, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O/.-2:t~IVIL TERM PRAECIPE TO PROCEED IN FOP. MA PAUPER_IS To the Prothonotary: Kindly allow David L. Austin, Plaintiff, to proceed in forroa pauperis. I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Attorney for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 AFFIDAVIT 1N SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is Name: David L. Austin Address: 436 First Street, Carlisle, PA 17013 Social Security Number: 167 62 9144 (b) If you are presently employed, state Employer: ManPower and Associates (Temp. Agency) Address: 950 Walnut Bottom Road, Carlisle, PA 17013 Salary or wages per month: Only temp jobs Type of work: Labor, Production work, industrial If you are presently unemployed, state Date of last employment: __ Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: N/A Other self-employment: N/A true and correct. (a) Interest: Dividends: Pension and annuities: Social Security benefits: Support payments: Disability payments: Unemployment compensation and supplemental benefits: Worker's compensation: Public Assistance: N/A Other: N/A (d) Other contributions to household support (Wife) Name: Francis Austin (not employed) If your (wife) is employed, state Employer: N/A Type of work: Contributions from children: (e) Property owned Cash: Savings Account:S25.00 Real Estate (including home): Motor vehicle: Make Year Amount owed__ Stocks; bonds: Other: Salary or wages per month: Checking Account: $40.00 Certificates of Deposit: Cost (f) Debts and obligations Mortgage: Loans: Monthly Expenses: Rent: $446.00/month Personal: $100.00 Medical:S10.00 Recreational:S20.00 Food & Groceries: $200.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: Name: Zachary Austin Deric Fahnestock Age: 2 years old Age: 1 ½ years old 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit 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. Signature~ ~'~.~ _.. David L. Austin Date: ~/l~/O~ David L. Austin, Plaintiff/Petitioner V. Kelly Fahnestock, Defendant/Respondent :IN THE COURT OF COMMON PLEAS OF : :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM :CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this '~ V' day of A/o,4! ,2001, upon consideration of the attached Petition for Special Relief, the followingO~'der is entered regarding custody ofDeric Fahnestock, bom August 29, 1999. phys Def~ supq and iff, David ~ctr~n, hereina~ :al an~_lTal_c~st?y of th /1, dant, I~lly Fal~estoc~/4aereina ~'tafion ~hild atti r refe¢ to as th~mot~X/r, shall/ave/ Mother shall not remove the child from Cumberland County or from this Court's jurisdiction. This Order is entered without prejudice to either party to request a hearing. This Order shall remain in effect pending further Order of Court. Joan Carey Attorney for Plaintiff Kelly Fahnestock Pro se Defendant By the Court, David L. Austin, Plaintiff/Petitioner Kelly Fahnestock, Defendant/Respondent :IN THE COURT OF COMMON PLEAS OF : :CUMBERLAND COUNTY, PENNSYLVANIA :NO.OI-90,(,O CIVIL TERM :CUSTODY PETITION FOR SPECIAL RELIEF Plaintiff/petitioner, David L. Austin, by and through his counsel, Joan Carey of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as the father, who currently resides at 436 1st. Street, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is the above-named Defendant, Kelly Fahnestock, hereinafter referred to as the mother, who, to the best of the Plaintiff's knowledge, resides at 147 N.W. Street, Carlisle, Cumberland County, Pennsylvania. 3. The above-named parties are the natural parents ofDeric Fahnestock, born August 29, 1999. 4. The father has filed a Complaint for Custody contemporaneously with the filing of this Petition for Special Relief and has requested that a Conciliation Conference be scheduled. 5. It is in the child's best interest to be in the custody of the father for reasons including the following: a.) The father is employed, has housing, and can provide for the child's needs. b.) The father can provide a more stable environment for the child than the mother because, unlike the mother, the father is married, and has a stable home life. c.) Children and Youth Services are currently investigating the mother regarding the level of care she provides for the child. d.) The mother has not acted in the child's best interest by denying him contact with the child, and secreting the child from the father. e.) The father is the parent who can best facilitate contact with the child and the other parent. 6. Without this Court's intervention, the child will be harmed by being further denied his father's care. 7. The father fears that the mother will again secrete the child from him and remove him from this court's jurisdiction and request that the court enjoin her from doing so. WHEREFORE, Plaintiff/petitioner requests the following: a) Grant the Plaintiff temporary custody of his child subject to visitation with the mother pending further order of court following a conciliation conference. b) Order that the mother not remove the child from Cumberland County and this Court's jurisdiction. c) Any other relief this Court deems just and proper. Respectfully submitted, MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 VERIFICATION I, David L. Austin, verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. David L. Austin Plaintiff/Petitioner DAVID L. AUSTIN PLAINTIFF V. KELLY FAHNESTOCK DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2263 CIVIL ACTION LAW IN CUSTODY ORDEROF COURT AND NOW, Friday, April 27, 2001 , 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 Wednesday, May 09, 2001 at 1:30 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort wilI 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. All children age five or older may also be present at the conference. 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/ Jacqueline M. Verney. 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 ATFORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 David L. Austin, Plaintiff Kelly Fahnestock, Defendant VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Ol~ 2at,3 CIVIL TERM CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ,the conciliator, at on the day of ,2001, at .m., 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. By the Court, Date Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. David L. Austin, Plaintiff vs. Kelly Fahnestock, Defendant ~IN THE COURT OF COMMON PLEAS ~OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 01-2263 CIVIL ACTION ~CUSTODY CERTIFICATE OF SERVICE I,~c~YOW~l~ ~$7-~ do hereby certify that on the ~ day of ~h~__, 2001, I served a true and correct copy of the foregoing Petition for Special Relief, Temporary Order and Complaint of Custody Order on /~/~ ~S~C~, at the address set forth below, by personal service. ~ct fully submitted, JUN DAVID L. AUSTIN, Plaintiff V. KELLY FAHNESTOCK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : : NO. 2001-2263 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, th~s' z~ day of q consideration of the attached Custody Conciliation Report, follows: ,2001, upon it is ordered and directed as 1. The prior Order of Court dated April 24, 2001 is hereby vacated. 2. The Father, David L. Austin, and the Mother Kelly Fahnestock, shall have shared legal custody ofDeric Fahnestock, bom August 29, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all maj or non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. The Mother shall have primary physical custody of the child. 4. The Father shall have the following periods of partial physical custody: A. Beginning June 23, 2001 and continuing for two consecutive weeks, supervised periods on Saturdays from 10 a.m. to 4 p.m. and Tuesdays from 2:00 p.m. to 5:00 p.m. Father's parents shall be the supervisors. B. Once there are four such supervised visits, then Father shall have unsupervised physical custody continuing for four consecutive weeks on Saturdays from 10:00 a.m. to 4:00 p.m. and Tuesdays from 1:00 p.m. to 6:00 p.m. C. Once there are eight such periods of physical custody, then Father shall have alternating weekend custody from Friday at 6:00 p.m. to Sunday at 6:00 p.m. 5. The parties shall alternate the Christmas holiday. Block A shall be from 12:00 Noon Christmas Eve until 12:00 Noon Christmas Day and Block B shall be from 12:00 Noon Christmas Day until 12:00 Noon on December 26. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 6. The parties shall share the Thanksgiving holiday such that Father shall have custody of the child from 8:00 a.m. to 2:00 p.m. and Mother shall have custody of the child from 2:00 p.m. to 8:00 p.m. 7. The parties shall share and alternate the Easter holiday from the hours of 8:00 a.m. to 2:00 p.m. and 2:00 p.m. to 8:00 p.m. with Father having the child in even numbered years from 8:00 a.m. to 2:00 p.m. and Mother having the child from 2:00 p.m. to 8:00 p.m. in even numbered years. 8. Father shall have custody of the child on Father's Day and Mother shall have custody of the child on Mother's Day at times agreed by the parties. 9. Each party shall have a block of time with the child on his birthday. 10. The parties shall provide 30 day notice to the non-custodial parent in the event the child is to leave the Commonwealth of Peunsylvania. Along with notice, an address and telephone number where the child can be reached shall be provided. 11. The parties shall share transportation. 12. In the event either party is in need of babysitting services for longer than four hours during their period of custody, the custodial parent shall contact the other parent with the opportunity to provide care for the child before arranging for a third party to baby sit. This provision shall only apply if the non-custodial parent is available to care for the child. 13. The parties shall keep each other advised immediately relative to any medical care or medical emergencies concerning the child and shall further take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both parents shall have the fight to visit the child as often as he/she desires consistent with the proper medical care of the child. 14. This Interim Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. Either party may-contact the Custody Conciliator within 60 days of the Conciliation Conference to modify this Order. The parties may modify the provisions of this Order by mutual consent. In the absence of mntual consent, the ierms of this Order shall control. BY THE COURT, / ,/ cc: David Lopez, Esquire, Counsel for Father Derek R. Clepper, certified legal intern, Counsel for Mother Teri Henning, Esquire, Family Law Clinic t¸_ JUI DAVID L. AUSTIN, Plaintiff V. KELLY FAHNESTOCK, Defendant PR[OR JUDGE: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : : 2001-2263 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY 1N CUSTODY OF Deric Fahnestock August 29, 1999 Mother 2. A Conciliation Conference was held in this matter on June 20, 2001, with the following individuals in attendance: The Father, David L. Austin, with his counsel, David Lopez, Esquire, and the Mother, Kelly Fahnestock, with her counsel, Derek R. Clepper, certified legal intern, Family Law Clinic and Teri Henning, Esquire, supervising attorney. 3. The parties agreed to entry of an Imerim Order in the form as attached. t -I-'OI Date Custody Conciliator