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HomeMy WebLinkAbout11-4755ABDOUL FOUMAKOYE, Plaintiff V. SIENNA FOUMAKOYE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2011-4755 CIVIL TERM rn Co r7l cn ? < "U w ? r'_? kw7 -- _r, IN RE: COMPLAINT TO ESTABLISH PATERNITY AND FOR GENETIC TESTING ORDER OF COURT AND NOW, this 130' day of June, 2011, upon consideration of Plaintiff Abdoul Foumakoye's Complaint To Establish Paternity and for Genetic Testing, and there being no indication that a support action against Plaintiff is pending, or that any other action is pending in which the paternity of the child in question is at issue, a Rule is hereby issued upon Defendant Sienna Foumakoye, and upon court-appointed counsel for the child whose parentage is in question, to show cause why the relief requested should be granted. RULE, RETURNABLE within 30 days of service. GRACE E. D'ALO, ESQ., is hereby appointed to represent Kalia Foumakoye- Wilson, the child whose parentage is in question. J BY THE COURT, Edmund J. Berger, Esq. Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Sienna Foumakoye 4278 Coventry Green Circle Williamsville, NY 14221 Defendant, pro Se Grace E. D'Alo, Esq. 530 Greason Road Carlisle, PA 17015 Court-appointed Attorney for Kalia Foumakoye-Wilson (.01,4111 et'pie,5 IN THE COURT OF COMMON PLEAS OF C) CUMBERLAND COUNTY, PENNSYLVANIA ;:r ABDOULFOUMAKOYE Plaintiff V. SIENNA FOUMAKOYE Defendant r • y> Docket No. 2011-4755 MOTION TO MAKE RULE ABSOLUTE ?u N N r? --J AND NOW COMES Plaintiff, Abdoul Foumakoye, by and through his attorney, Edmund "Tad" Berger of Berger Law Firm, P.C., and respectfully submits as follows: 1. On June 3, 2011 Plaintiff, Abdoul Foumakoye filed a Complaint to Establish Paternity and for Genetic Testing. 2. On June 13, 2011 the Honorable J. Wesley Oler, Jr. entered an Order to Show Cause why the relief requested should not be granted, and gave the Defendant thirty days to respond. rn "Tr 3. More than thirty days have elapsed since the Order was entered. WHEREFORE, Plaintiff requests that the Rule to Show Cause be made Absolute and that the Defendant be required to submit to genetic testing and to make the child available for genetic testing and enter an Order determining that Plaintiff is not the father of Mother's child and is not responsible for the support of such child. Respectfully submitted, Edmund J. Berger Attorney for Plaintiff BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 Date: July 21, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABDOULFOUMAKOYE Plaintiff V. : SIENNA FOUMAKOYE Defendant Docket No. 2011-4755 CERTIFICATE OF SERVICE hereby certify that I have this day served a true copy of the foregoing document, Motion to Make Rule Absolute, upon the participants, listed below, in accordance with the requirements of § 1.54 (relating to service by a participant): By FIRST CLASS and CERTIFIED MAIL Sienna Foumakoye 4278 Coventry Green Circle Williamsville, NY 14221 Date: July 21, 2011 Grace E. D'Alo, Esq. 530 Greason Road Carlisle, PA 17015 Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-Mail: tberger@bergerlawfirm.net Attorney I.D. #53407 ABDOUL FOUMAKOYE, Plaintiff V. SIENNA FOUMAKOYE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 2011-4755 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 28t' day of July, 2011, upon consideration of Plaintiff Abdoul Foumakoye's Motion To Make Rule Absolute and Plaintiff Abdoul Foumakoye's Complaint To Establish Paternity and for Genetic Testing, a hearing is scheduled for Wednesday, October 5, 2011, at 10:45 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ./ Edmund J. Berger, Esq. Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 Attorney for Plaintiff "Sienna Foumakoye 4278 Coventry Green Circle Williamsville, NY 14221 Defendant, pro Se race E. D'Alo, Esq. 530 Greason Road Carlisle, PA 17015 Court-appointed Attorney for Kalia Foumakoye-Wilson esley Ole , Jr., J. L? C=) 5..-, x, c 70 r-- td> ? N ?? C7 1 - 0 Doty ?? -. [?! AUTHORITY TO PAY COURT APPOINTED COUNSEL ?V NOV 15 2011 1. COURT i J 2. VOUCHER N 0 14345 strict ? D ustice Common Pleas ? Appellate ? Other - 3. FOR (D.J., C.P., APPELLATE) 4. AT (CITY/STATE) 5. BUDGET CODE ,J o- 6. IN THE CASE OF 7. CHARGE/OFFENSE (PURDON CITATION) 8. PETTY OFFENSE vs FnMcko-e- ? FELONY ? MISDEMEANOR 9. PROCEEDINGS (Describe briefly) 1 1. PERSON REPRESENTED 12. CIVIL DOCKET NO. 1 ? Defendant - Adult il (? L - 2 ? Defendant - Juven e .,J .,,) 3 ? Appellant 13. CRIMINAL DOCKET NO. 4 ? Appellee C(_T - UA KC, V 5 O Habeas Petitioner 6 ? Material Witness , 10. PERSON REPRESENTED (Full Nam) 7 O Parolee Charged With Violation 8 ? Probationer Charged With Violation 14. APPEALS DOCKET NO. 9 ? Other. ?'-' C71 Appt Date \ 16. NAME OF ATTORNEY/PAYEE AND #?.ZO MAILING ADDRESS - V CICC NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE ?? r l l S ??? P!4 F7 J 17. TELEPHONE No. 18.SOCIAL SECURITY N O EINNO p t Z CLAIM FOR SERVICES OR EXPENSES 19. SERVICE HOURS DATES AMOUNTS CLAIMED a. Arraignment and/or Plea Multiply rate per hour times total " " b. Preliminary Hearing com- hours to obtain in Court pensation. Enter ¢171a1 below. c. Motions and Requests -`' ii- d. Sail Hearings 3 -" -13?ry O e. Sentence Hearings ZCO " C:D r U 2 f. Trial .C D ? g. Revocation Hearings ? GJ --1 Q r " h. Juvenile Hearings Ti 2 I. Appeals Court 1 f "TA C COMP. 4 Other (Specify on additional sheets) `? '? ZLj tVIT7 TOTAL HOURS a ' X $55 PER HOUR r# 20. a. Interviews and conferences Multiply rate per hour times total " " b. Obtaining and reviewing records ` . C> hours. Enter total Out of Court compensation below. O ¢ ? c. Legal research and brief writing , t- o Ov d. Investigative and ocher work (Specify on additional sheets) 20A. TOTAL OUT OF COURT COMP. TOTAL HOURS = aC7. X $45 PER HOUR $ qoj ,o 21. ITEMIZATION OF REIMBURSABLE EX PENSES AMT. PER ITEM Mileage $ per mile x w Please contact Court Administrator for current mileage rate = t- 21 A. TOTAL ITEMIZED EXP. O $ 00 22. CERTIFICATION OF ATTORNEY/PAYEE 23. GRAND T AL CLAIMED Has compensation and/or reimbursement for work In this case previously, been applied foR ? YES <NO _$ II-X4 , If yes, were you paid? ? YES ? NO If yes, bywhom were you paid? How much? 24. OED CT. PRIOR PYMTS. Has the person represented paid any money to you, or to your knowledge anyone else, in connection with the matter for i a S onal s sets which you were appointed to provide represents ? YES ? NO If ye gi s details on addit I swear or affirm the truth or correctness U-51 r 1 '0 25: NET AM T CLAIMED of the above statements gnature of A ey ayes Date : $ 14" tb 28 APPrquvt o Fc.,u Signature of 27. AMT. APPROVED -AYMENI Judge ? ?? ?Dste: Ov = $ C py 1 - Mail to ourt Administrator at completion of service C '? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABDOULFOUMAK 7 E Plaintiff V. ; SIENNA FOUMAKO E ; Defendant rnto CA r- CD? G xo ~v CD-n ? ev .. © < Docket No. 11-4755 MOTION TO ENTER JUDGMENT, N LIGHT OF PATERNITY TEST, AN HEARING OF OCTOBER 5, 2011, TH T PLAINTIFF IS NOT FATHER OF DEFENDA T'S CHILD, KALIA FOUMAKOYE-WILSON AND IS NOT R SPONSIBLE FOR SUPPORT OF SUCH CHILD AND NOW COMES Plaintiff, Abdoul Foumakoye, by and through his attorney, Edmund "Tad" Berger of Berger Law Firm, P.C., and respectfully requests that the Court enter judgment in this matter, determining that Plaintiff is not the father of Kalia Foumakoye-Wilson and ?s not responsible for the support of such child. In support of this Motion, Plaintiff respectfully submits as follows: 1. Plaintiff and Defendant were married on March 14, 2007 in Carlisle, Pennsylvania. 2. Plaintiff and Defendant separated in 2009 and have not had marital relations since their separation. 1 3. Subsequent to the separation of Plaintiff and Defendant, Defendant became pregnant as a result of a sexual relationship between Mother and another man. 4. In January, I2011, Defendant gave birth to a daughter, who was given the name Kalia Foumakoye-Nilson (hereinafter "Mother's child") 5. Plaintiff did not sign the birth certificate for Kalia Foumakoye-Wilson and never acknowledged paternity of such child as Plaintiff is not the father of Mother's child. 6 On January 19, 2011, Plaintiff filed a Complaint in Divorce at Docket No. 11-483, pursuant to 330' §§ 3301(c) and 3301(d). 7 (c) or, alternatively, 3301(d) of the Divorce Code, 23 Pa.C.S. On June 3,I 2011, Plaintiff filed the instant paternity action to establish that he is not the Father of Mother's child and is not responsible for the support of such child. 8. Thereafter, on June 13, 2011, the Court issued a Rule to Show Cause upon Defendant and Co rt-appointed counsel for the child to show cause why genetic testing should not be ordered. 9. On July 21I, 2011, Plaintiff filed a Motion to Make Rule Absolute. 10. Thereafter the Court scheduled a hearing for October 5, 2011 and a hearing was held at such time during which the Court received Plaintiff's testimony. 11. Plaintiff testified at the hearing of October 5, 2011, among other things, that he had separated fr m Mother prior to the time she became pregnant, Plaintiff did not have sexual relation with Mother for more than a year before the child was born, 2 Plaintiff has never acknowledged paternity of the child, and Plaintiff has never acted in a paternal or parental role toward the child. 12. Indeed, Plaintiff did not live with and did not have sexual relations with Defendant for more than a year before Mother's child was born and could not be, and is not, the father of Mother' child. 13. The Court hen received briefs on whether it should order genetic testing and, on November 1, 2011, ordered genetic testing of Plaintiff, Defendant and the child. 14. On December 7, 2011, specimens were collected from Plaintiff, Defendant and the child by a certified testing facility and, based on analysis of such samples, the laboratory determined that Plaintiff "cannot be the biological father of KALIA FOUMAKOYE-WILSON" . Exhibit A. 15. Because Plaintiff is not the biological father of Mother's child, has never acknowledged paternity of such child or provided support for such child, and has never acted in a paternal or pa ental role toward such child, the Court should enter judgment that Plaintiff is not the fa her of such child and is not responsible for the support of such child. 16. There are no genuine issues of material fact to be further determined by the Court and Plaintiff is entitled to judgment based on the testimony given at the October 5, 2011 hearings and the results of the genetic testing. 3 WHEREFORE, Plaintiff respectfully requests that the Court enter an Order that Plaintiff is not the father of Mother's child, Kalia Foumakoye-Wilson, and is not responsible for the support of such child. Respectfulllysubmitted, l? Edmun?ic J. Berger Attorney for Plaintiff BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 Date: DecemberJ22, 2011 4 ORCHID CELLMAP,K ATTORNEY AT LAW EDMUND J BERGER BERGER LAW FIRM, P.C. 2104 MARKET STREET CAMP HILL, PA 17011 GENETIC TEST REPORT GS Case/Test Set: 890440 / 1444272 Customer Number: 74059 Race Description Specimen ID S Mother: FOUMAKOYE, Child: FOUMAKOYE- Alleged Father: FOUMAKOYE, Conclusion The alleged father, ABDOUL FOi since he and the child do not share A Other 2254836 H, KALIA 2254837 JL Black 2254831 Combined Paternity Index = 0 Probability of Paternity = 0.00% ecimen Collection 12/07/2011 12/07/2011 12/07/2011 9, cannot be the biological father of KALIA FOUMAKOYE-WILSON, paternal markers in multiple genetic systems. System Mother Alleged Paternity Child Father Index D3S1358 13,16 15,16 15,18 1.71 D2SI338 23,25 23,24 22,24 5.88 D8S1179 12,13 12,14 14 3.14 D21 S I 1 30, 31.2 30,31 28 0.00 EXCLUSION D18S51 13,19 13,19 18 0.00 EXCLUSION D19S433 12,15 11,12 12.2, 13.2 0.00 EXCLUSION FGA 22,26 23,26 20,23 2.81 D 16S539 9,12 12 9,10 0.00 EXCLUSION Swom to and subscribed in my ence on r 09, 2011. I certify that the foregoing testing was conducted in accordance with the standard protocol and the results contained herein are true and correct to the best of my knowledge. li 0 , Associate Director CFTOYA STEED, 110tOl t1 S Pu8 Y Pub c to of Ohlo it) and for the on ion Exit i 2015 16 s Jan ss Comm P E , . r '? f4 . J ` r ? EXHIBIT "All Accredited by AABB 5698 ringboro Pike Dayton, OH 45449 800-443-2383 IN THE COURT OF COMMON PLEAS OF CUMOERLAND COUNTY, PENNSYLVANIA ABDOULFOUMAK?YE Plaintiff V. . SIENNA FOUMAKO E Defendant Docket No. 2011-4755 CERTIFICATE OF SERVICE I hereby certify th t I have this day served a true copy of the foregoing document, Motion to Enter Judg ent in Light of Paternity Test and Hearing of October 5, 2011, that Plaintiff Is Not Fat er of Defendant's Child, Kalia Foumakoye-Wislon and Is Not Responsible for Support of Such Child, upon the participants, listed below, in accordance with the requirements of § 1.54 (relating to service by a participant): VIA FIRST CLASS MAIL Sienna Foumakoye 1405 Maple Road Front House Williamsville, NY 14221 Date: December 22, 2011 Grace E. D'Alo, Esq. 530 Greason Road Carlisle, PA 17015 Edmund J. Berger Attorney I.D. #53407 Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-Mail: tberger@bergerlawfirm.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABDOULFOUMAKOYE Plaintiff V. SIENNA FOUMAKOYE Defendant C- i . cL) Docket No. 11-4755 n . rn c ~? =?'*+ r rt = X? r ? C e. -o -<r > o r- , ? r - z-' . ?a w M --F RULE TO SHOW CAUSE AND NOW, this 1 day of 2011, upon consideration of Plaintiff Aboul Foumakoye's Motion to Enter Judgment In Light of Paternity Test, and Hearing of October 5, 2011, That Plaintiff Is Not Father of Defendant's Child, Kalia Foumakoye-Wilson, And Is Not Responsible For Support of Such Child, a Rule is hereby issued upon Defendant Sienna Foumakoye and upon court-appointed counsel for the child, to show cause why the relief requested should not be granted. RULE RETURNABLE WITHIN days of service. BY THE COURT: gmpmo 8 - b*Alo. E-lR. Sienna To-c e, ? BP.r" Law r-r1 J. 1401S' ?at3° oic8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABDOULFOUMAKOYE Plaintiff V. SIENNA FOUMAKOYE : Defendant t + r=11 -*rn a ° PC1 r Z v ? ? , . Docket No. 2011-4755 CERTIFICATE OF SERVICE I hereby certify that I have this day served a true copy of the foregoing document, Motion to Make Rule Absolute, upon the participants, listed below, in accordance with the requirements of § 1.54 (relating to service by a participant): By FIRST CLASS and CERTIFIED MAIL Sienna Foumakoye 1405 Maple Road, Front House Williamsville, NY 14221 Date: January 25, 2012 Grace E. D'Alo, Esq. 530 Greason Road Carlisle, PA 17015 - y_ Edmund J. Berger Attorney I.D. #53407 Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-Mail: tberger@bergerlawfirm.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABDOULFOUMAKOYE Plaintiff V. SIENNA FOUMAKOYE Defendant Docket No. 11-4755 ORDER AND NOW, this day of V? tom. , 2012, upon consideration of Plaintiff Abdoul Foumakoye's Motion to Make Rule Absolute and Enter Judgment that Plaintiff is not the Father of Defendant's Child, Kalia Foumakoye-Wilson, and is not Responsible for Support of such Child, the Motion is hereby GRANTED, and Abdoul Foumakoye is determined not to be the father and not to be responsible for child support of Kalia Foumakoye-Wilson. BY THE COURT: J. I4V'A A S N N 3 d 11 2" AUTHORITY TO PAY COURT APPOINTED COUNSEL Y MAR 14 2012 1. COURT V 2. VOUCHER ? District Justice -Common Pleas ? Appellate ? Other N_ 14471 3. FOR (D.J., C.P., APPELLATE) 4. AT (CITY/STATE) 5. BUDGET CODE D-o - o - a 6. IN THE CASE OF 7- CHARGE/OFFENSE (PURDON CITATION) 8. ? PETTY OFFENSE 1__L?Ca 10, vs C ? FELONY ? MISDEMEANOR 9. PROCEEDINGS (Describe briefly) 11. PERSON REPRESENTED 12. CIVIL DOCKET NO. 1 O Defendant - Adult 2 ? Defendant •Juvenda Zit ? t 3 O Appellant 4 ? Appellee 13. CRIMINAL DOCKET NO. 5 ? Habeas Petitioner Ui L so 6 ? Material Witness L - n 10. PERSON REPRESENTED (Full Name) 7 O Parolee Charged With Violation 8 ? Probationer Charged With Violation 14. APPEALS DOCKET NO. 9 ? Other-. ;k Appt Oate 16. NAME OF ATTORNEY/PAYEE AND_,'t"-ji MAILING ADDRESS.. ? -• . , > ClD r Q 'ID Q 00 7C T NAME OF C MON PLEAS JUD E ASSIGNED TO CASE (Ji 17. T ELEPHONE No. 18,S06aLSE U"AITYI,OOREINNO CLAIM FOR SERVICES OR EXPENSES 19. SERVICE HOURS DATES AMOUNTS CLAIMED a. Arraignment and/or Plea Multiply rate per hour times total b. Preliminary Hearing hours to obtain "In Court" com- pensation. Enter total below c Motions and Requests . d. Bail Hearings O e. Sentence Hearings () z I. Trial _ g. Revocation Hearings h. Juvenile Hearings i. Appeals Court 19A. TOTAL IN COURT COMP. I. Other (Specify on additional sheets) TOTAL HOURS = X $55 PER HOUR - $ 20. a. Interviews and conferences Multiply rate per hour times total b. Obtaining and reviewing records hours. Enter total "Out of Court" Compensation below. O ¢ c. Legal research and brief writing Q 0 d. Investigative and other work (Specify on additional sheets) 2011 TOTAL OUT OF COURT COMP. TOTAL HOURS = 2 X $45 PER HOUR s $ ? "" . 0 D 21. ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM Mileage $ per mile x w Please contact Court Administrator for current mileage rate 21 A TOTAL ITEMIZED EXP. a$ 22. CERTIFICATION OF ATTORNEY/PAYEE 23. GRAND TOTAL CLAIMED Has compensation and/ or reimbursement for work in this case previously been applied for? YES ? NO = $ ? ,, ?/E If ? yes, were you paid? ; S ? NO If yes, by whom were you pald7 How much Has the person represented paid any money to you, or to your knowledge anyone else, in connection with the matter for 24• DEDUCT. PRIOR PYMTS. which you were appointed to provide repres R?tion? ? YES A NO yes, give details on additional sheets = $ I swear or affirm the truth or correctness ` 3 J 1 Z 25: NET AMO NT CLAIMED of the above statements Signature of A mey/Pa e Date : $ ;d . 26.APP OVtE' F Signature of 27. AMT. APPROVED ArMtNE Ht i' r ' O ? Judge ? i Dsts: 3 ZZ tZ O Q =$ C1 0 COPY 1 - Mail to Court Administrator at completion of service