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HomeMy WebLinkAbout04-5354CHARLES K. FAHNESTOCK, Plaintiff VS. ROSEANN M. FAHNESTOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND EOUNTY PENNSYLVANIA No. O q- 6/3,f'/ Civil Term CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiffis Charles K. Falmestock, who currently resides at: 2201 Rimer Highway, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant is Roseann M. Fahnestock, who currently resides at 8 E. South Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks custody a order regarding the following child: NAME. DOB Faith Ann Falmestock 11/30/00 ADDRESS 2201 Rimer Highway Shippensburg, Pa. 17257 The child was bom in wedlock. Father and Mother currently share legal custody of the chi[ld and Father has primary physical custody of the child. The child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Charles K. Fahnestock Rosearm M. Fahnestock Florence Fetterman (half-sister) 2201 Rimer Highway Shippensburg, Pa. 17257 Birth through 9/24/04. Charles K. Fahnestock Florence Fetterman (half-sister) 2201 Rimer Highway Shippensburg, Pa. 17257 Birth through 9/24/04. The mother of the child is: Rosearm M. Fahnestock, currently living at 8 E. South Street, Carlisle, Pa., 17013. She is married to Charles K. Fahnestock. The father of the children is: Charles K. Fahnestock, currently residing at 2201 Ritner Highway, Shippensburg, Pa. 17257. He is married to Roseann M. Fahnestock. 4. The relationship ofplaintiffto the children is that of MOTHER. The Plaintiff currently resides alone. 5. The relationship of defendant to the children is that of FATHER. The persons that the defendant currently resides are the child's half-sister, Florence Fettennan. 6. 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, Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties recently separated. The child's parents have agreed on a custody arrangement that they believe will be in the best interest of the child. Under this agreement, the child will be able to remain in the marital home and will live in a stable enviomment. 8, Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action, WHEREFORE, Plalmiff requests the court to grant custody of the child and enter the parties' agreement as an Order of Court. Respectfully submitted, ~,~4Adam, squ' l.D.p4o. 79465 36~outh Pitt Street '~-~Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint 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. Charles K. Fahnestock, Plaintiff CHARLES K. FAHNESTOCK, Plaintiff VS. ROSEANN M. FAHNESTOCK, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O Y- s- 3 S-c! Civil Term CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this 2? J~t day or 2004, by and between Roseann M. Fahnestock (hereinafter ~erred to as "Mother") and Charles K. Fahnestock, (hereinafter referred to as "Father"); WITNESSETH WHEREAS, Mother and Father are the natural parents of a minor child, namely, Faith Aim Fahnestock, bom November 30, 2000 (hereinafter referred to as "Child' ), and; WHEREAS, Mother and Father have reached an agreement relative to the future care. custody, visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Conunon Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have shared legal custody of their child. .Joint legal custody means both parents have the right to control and share in making decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of the child's school schedules, special events notifications, report cards, and other similar items shall be provided to the other party. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having custody, consistent with the provisions of this Agreement. 2. Residential Custody. Father shall have primary physical custody the child. 3. Partial Custody. Mother shall have partial custody of the Child as follows: a. Every other weekend from Friday at 8:00P.M. until Sunday at 6:00P.M. beginning October 16, 2004. b. Other days and evenings, including overnight visits, as agreed upon by the parties. c. If the parent with physical custody is unable to exercise his or her physical custody of the Child, the other parent should be offered physical custody of the Child for that period of time before other arrangements for the care and custody of the Child are made. 4. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the present of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication conceming the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 5. Illness of the Child._ Emergency decisions regarding the child shall be made by the parent then having physical custody. However, in the event of arty emergency or serious illness of the child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. During such illness, each party shall have the right to visil the child as often as he or she desires, consistent with the medical care of the child. 6. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. 7. Binding Effect. This Agreement and all of its terms and conditions shall extend to andbe binding upon the parties hereto and their respective successors, executors, administrators, heirs, personal representatives, and assigns. 8. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 9. Amendment. The terms of this agreement may be modified by the parties, upon mutual agreement. 10. Headings. Section and paragraph headings in this Agreement are included for the convenience of reference only and shall not constitute part of this Agreement for any other purpose. 11. Background. The background provisions to this Agreement set forth above (including, without limitation, all defined terms set forth above) are hereby incorporated in this Agreement and made part hereof as if set forth in their entirety in this Section. 12. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. 13. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. SIGNED SEALED AND DELIVERED IN THE PRESENCE OF Charles K. Fahnestock, Father Date: Date: COMMONWEALTH OF PENNSYLVANIA /Sor'o,.~c~ COUNTY OF ):SS ) On this, the & /sq day of ~)Olo ~ ,2004, be~bre me, the undersigned officer, personally appeared CHARLES K. FAHNESTOCK known to :me, (or satisfactorily proven) to be the persons whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. SIGNED SEALED AND DELIVERED IN THE PRESENCE OF Roseann M. Fahnestock, Mother Date: t/~/~/~/~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF ublic - CO~(IMON'WEALTH OF pI=NNSYLVANIA My commissiofl exni~ Ad~s, N~ I ~F~ Bom Cum~r ~d Co~ [. My Co~ission Expi~s S~t. 6, 2008 SEAL ' ess Date: ) ):SS ) On this, the ~yt ~hay of O d~O ['0-O-~ ,2004, before me, the undersigned officer, personally appeared ROSEANN M. FAHNESTOCK, known to me, (or satisfactorily proven) to be the persons whose name is subscribed to the within instrument, and acknowledged that he/she exe6uted the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. CHARLES K. FAHNESTOCK, Plaintiff VS. ROSEANN M. FAHNESTOCK, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · No. o t/. 3'3a~'c/ Civil Term · CUSTODY ORDER AND NOW, this ' ~ ~/' day of Od~,-~ ,2004, having reviewed the attached agreement between the parties dated October 21, 2004 it is here, by ORDERED and DECREED that the agreement shall be entered as an ORDER of Court. o4~e Adams, Esquire, for father t~se~ M. Fahnestock, mother CHARLES K. FAHNESTOCK, Plaintiff VS. ROSEANN M. FAHNESTOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA · No. 04 - 5354 CiviiTerm : · CUSTODY : _AFFIDAVIT OF SERVICE AND NOW, this November 1, 2004, I, Jane Adams, Esquire, hereby certify that on October 29, 2004, a certified true copy of the Custody Comp][aint was served, via certified mail, return receipt requested, addressed to: Roseann Fahnestock 8 E. South St. Carlisle, Pa. 17013 DEFENDANT 1010 0004 7818 Respectfuii~Y-'~~ ~squire (~36 ~ oNu~7p9i4tt6~ treet Carlisle, Pa. 17013 (717) 245-8508: ATTORNEY FOR PLAINTIFF 6824