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HomeMy WebLinkAbout04-6182 COURTNEY MAE YOST : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs, NO, 0 t.( - (,/g;J..- ANDREW W, FISH, Defendant. : CIVIL ACTION - LA W : IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Courtney Mae Yost residing at 707 Pear Street, Apt. 5, Lemoyne, PA 17043, 2, The Defendant is Andrew W, Fish residing at Georgetown Crossing Apartments, 100 Georgetown Road, Mechanicsburg, P A 17050. 3. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE Cerenity Mae Fish 707 Pear Street, Apt. 5 Lemoyne, PA 17043 2 (D,O.B. 10/14/02) 4, Cerenity Mae Fish was born out of wedlock. The child is presently residing with the Plaintiff. During the past 25 months, or for her entire life, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Plaintiff 707 Pear Street, Apt. 5 Lemoyne, PA 17043 October 14, 2002 - Present The mother of the child is Courtney Mae Yost, currently residing at 707 Pear Street, Apt. 5, Lemoyne, P A 17043, She is not married. The father of the child is Andrew W, Fish, currently residing at Georgetown Crossing Apartments, 100 Georgetown Road, Mechanicsburg, P A 17050. He is not married, 5. The relationship of Plaintiff to the child is that of Mother, The Plaintiff currently resides with the following persons: NAME RELATIONSHIP . Cerenity Mae Fish Daughter 6. The relationship of Defendant to the child is that of Father, The Defendant currently resides with the following persons: NAME RELATIONSHIP unknown 7. Plaintiff has not participated as a party in previous litigation concerning the custody of the child Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) The Defendant has shown little interest in his daughter's well being, as, by his accord, he has not seen or spoken with his daughter since he left the Plaintiff s residence on or around September 1,2004; (b) The Defendant has a long history of drug abuse; (c) The Defendant is involved in selling drugs; in fact, there is currently a warrant for Defendant's arrest in Georgia, and possibly in Pennsylvania; (d) The Defendant has a history of violence towards the Plaintiff, at one point breaking her clavicle; (e) The Defendant has been in and out of jail; in fact, he had spent 28 months in a military correctional facility for selling drugs; relief: Dated: (f) The Plaintiff can provide needed stability in child's life; (h) The Plaintiff has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so, 9, Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action, WHEREFORE, Plaintiff requests that this Honorable Court grant the following (a) Award Plaintiff primary physical custody of the child; and (b) Allow Defendant supervised visits only, with the time and place of such visitations to be determined by the Plaintiff. Respectfully Submitted, THE LAW OFFICE OF SHANE B. KOPE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Tele. (717) 761-7573 By: C'--"~"'"-"-"-:=:::'~~-~':;>'-- '~.'. . -............-. -.-.. '"' ..~.--- ~ . ,- . SHANE B.KOPE Supreme Court I.D, # 92207 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. S 4904 relating to unsworn falsification to authorities, Dated: I~~J-{YI i ,~"... ' ~, ,~" --.....)-"~ -----.--- Courtney Mae:'{ ost, Plaintift' ~ ~~~ ~ ~J~? ~~ 0J 1,~ _ c..~\ U'\ fJ\ o ......, <",:> s.~ C r.~t C') I l..1) -:",-,~ -- . f .... ," :~2 ~ (') ~f1 ~'-rl f 11 co;. 'TI ::_1? (',\ (,.J :,' ~ ~':_~ en r:- C;) , .IAN 27 2DOr ( COURTNEY MAE YOST Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-6182 CNIL ACTION LAW ANDREW W. FISH Defendant IN CUSTODY ORDER OF COURT ~- AND NOW, this ~ day of ~~ ~~ consideration of the attached Custody Conciliation Report, it is ordered and dlfected aSfollows: upon 1. The Mother, Courtney Mae Yost, shall have sole legal atld primary physical custody of Cerenity Mae Fish, born October 14, 2002. The Mother shall be responsible to make all major decisions concerning the Child, including but not limited to, all major medical, religious and educational decisions, after consultation with the Father. 2. The Father, Andrew W. Fish, shall have supervised periods of custody with the Child (supervised by the Mother or other adult selected by agreement between the parties) in accordance with the following schedule: A. For the first three alternating weekends following the conciliation conference, the Father shall have supervised visitation with the Child on Saturday and Sunday from 3:00 p.m. until 6:00 p.m, B. Beginning on the Father's fourth alternating weekend, the Father's periods of supervised visitation shall occur on alternating weekends on Saturday and Sunday from 3:00 p.m. until 8:00 p.m. In addition, during weeks following the Mother's weekend periods of custody, the Father shall have a supervised period of visitation with the Child on one weekday evening with the times to be arranged by agreement between the parties. 3. The parties shall share having custody of the Child on holidays as arranged by agreement. 4. In the event the Father does not appear for a scheduled period of visitation within 30 minutes of the scheduled time and does not contact the Mother in advance, the period of visitation shall be forfeited. 5. Neither party shall consume alcohol or use illegal drugs or b.e under the influence of such substances during periods of supervised visitation. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development ofthe Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. "-- BY THE COURT, I i cc: ~ane B. Kope, Esquire. Counsel for Mother vAndrew W. Fish, Father / ~ ~ () :1--02-0.5 ~" tce. .d \(:->. , ~) .~>;~ (.;-?~<,. \.1..... ,.,.~c_ 't)\C\ OCr;;:. ',-\.-\\\,~ 'f~j.-.. " y \~5 -- o "? ":.- .;:;- -- \ ..,r). 'C,.I ~) J:::, L-:::',:) ":~::,J, ------ - COURTNEY MAE YOST Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-6182 CIVIL ACTION LAW ANDREW W. FISH Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLANI> 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 IN CUSTODY OF Cerenity Mae Fish October 14, 2002 Mother 2. A conciliation conference was held on January 25, 2005, with the following individuals in attendance: The Mother, Courtney Mae Yost, with her counsel, Shane B. Kope, Esquire, and the Father, Andrew W. Fish, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. J~~ Date oL('.~" , ~L o~ Dawn S. Sunday, Esquire Custody Conciliator THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQUIRE ATTORNEY 1.0.92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopela>.comcast. net Attorney for Plaintiff COURTNEY MAE YOST, Plaintiff, : IN THE ORPHAN'S COURT OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-6182 ANDREWW. FISH, Defendant. IN CUSTODY PETITION FOR INVOLUNTARY TERMINATION OF PARENTAL RIGHTS AND NOW, comes Petitioner by and through hElr attorney Shane B. Kope, Esquire, files this Petition for Involuntary Termination of Parental Rights. 1. Petitioner, Courtney Mae Yost is the mother of the child. She is 26 years old and was born on December 12, 1978. She currently lives at 707 Pear Street, Apt #5, Lemoyne, Pennsylvania, 17043. 2. Cerenity Mae Fish, a white female, (hereinafter called "child') was born on October 14, 2002 and is currently two (2) years old. She currently lives with the Petitioner. See Birth Certificate attached hereto and incorporated herein as exhibit "A". 3. Andrew W. Fish is the child's father. He is twentY-1aight (28) years old and was born on July 17, 1977. His last known address was Geor~letown Crossing Apartments, 100 Georgetown Road, Mechanicsburg, Pennsylvania, 17050. 4. The child was born out of wedlock and Petitioner has never been married. 5. The child has lived with Petitioner at 707 Pear Street, Apt. #5, Lemoyne, Pennsylvania, 17043 since her birth. 6. Petitioner is requesting involuntary termination of P,ndrew W. Fish's rights to the child under 23 Pa.C.S.A. 92511 (a) (1). 7. An Order of Court was established on February 1, :2005 by the Honorable Judge Bayley granting Petitioner sole legal and primary physical custody of the child and allowing Andrew W. Fish supervised visitation on alternating weekends on Saturday and Sunday for five (5) hours and one weekday evening as arranged by the parties. See Order of Court attached hereto and incorporated herein as Exhibit "B". 8. Since the issuance of that Order of Court, Respondent has visited with the child two (2) times over two (2) consecutive days (essentially II weekend visit) for a total of four (4) hours; has never called to speak to the child. 9. The Respondent lives a very transient lifestyle and has no recorded address of residence or of employment. 10. The Respondent is a known drug addict and has been in and out of jail, spending 28 months in a military correctional facility. Respondent has a warrant out for his arrest in Georgia. 11. Respondent also has a history of violence towards the Petitioner. 12. Respondent has failed to perform his parental duties by not providing developmental, emotional, physical or financial support of the child in the six (6) months preceding this Petition. 13. Respondent has not acted in the best interests of th,e child by not adhering to the Court Ordered visitation schedule. He has demonstratE,d his failure to perform his parental duties by only visiting the child one (2) times (over consecutive days) in six (6) months. 14. This Petition is being filed to terminate the Respondent's parental rights because the Petitioner is contemplating her current fiance adopting the child to provide a stable home environment and physical, emotional and financial support for the child. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Termination of Parental Rights of Andrew W. Fish to the child Cerenity Mae Fish. Respectfully Submitted, THE By: Dated: ql, IDS VERIFICATION I verify that the statements made in this Petition to Terminate Parental Rights are true and correct. I understand that false statements herein ;are made subject to the penalties of 18 Pa. C. S. 94904 relating to unsworn falsification to authorities. Dated: (~:r-3\-c:::i:::::> (" ~- OCl A--5'- ...:!.. ~ Courtne,y Mae Yost, Plain iff ~ age, at which time he will become the sole Executor of my Last Will and Testament. - In addition to the powers conferred by law, I authorize my Executor in his/her absolute discretion: a. To retain and invest in any form of real or personal property anywhere, . , which, in his/ her opinion, is appropriate for my estate, without being required to diversify; b. To compromise claims and abandon any property which, in his/her opinion, is of little or no value; (\ c. To borrow from anyone and pledge property as security for repayment of any funds borrowed; d. To sell at public or private sale, exchange or lease or lend for any period of time, any real or personal property, . and give options for sales or leases; e. To manage real estate; f. To exercise any option or right arising from the ownership of investments; g. To file any federal income tax return for any year for which I have not filed such return prior to my death; h. To make distributions in cash or in kind, or in both, and to determine the value of any such property; - 6 - _:J~__l'~ , " ~ * ~ ~, ~ I , I ;~ ;., i f i~ J r>',-.I..,"~"- l i ~- -:; ;.: ! t, ,- , I [Ft{m.J(y :lit/tv rJ $tkr:: ::FUII.PI aHtC ./',~ {,,,tU/.I/- r ~Ui d~'J.'; ,;1<-7 '{ 41, 13 .t,1 ,j'l , irtyruue: .' ,~. U-?1./vt-a.-t/!',I!'l/-zt'_;-,"...<--d__ Jvtotlv:r::Jvtaidrn .PIaHtC (j C':'6J-.U/tZ"./'A./ 71UL t,1 ~ 13irthjwc (?P-?1..-v1 ~jC~ {j, ' :Datc /:7- /?-'>7.f" X(;J'iacxu: atTiHtC eltiU w. ' 13unt. !~n~ /4':-7' g I <~:!~;11...,# / . Se:;cojelvld,-;77':r;1~ WcgktSilt13irtlt ,1'/ ''PouurU o.,r OUIUt:J. J,rnotlt,Qu^ /FfJdu 13aby:: J,ift ::Foo!Jrixl 13aby:: XfJltt ::Foo!Jrilll Jvtotlv:r:: J,ift Jvtotlv:r:: XfJ!tt TJ,)(mbJrixt Tlutmljrixl :Datc ,. '. ?:/7/'7 '7 " ....,'. /' > , i --. " ~. . } f ~ I f, t " I "J '.;, j 3 ! I i ~ I .1 '" " ;. ., .) " I a I , , '.:. ~ ~ 'If ~; " ~\ EXHIBIT , ~ '" "l ~ ~ -' . "';",""'~__',','."._..::,~"""..,e_',,, :;i A ',...\..".....',...."'''''..'''''''.H''.~.'''',',.,.,; ,IMi 2 7 2005~ COURTNEY MAE YOST Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 04-6182 CIVIL ACTION LAW ANDREWW. FISH Defendant IN CUSTODY ORDER OF COURT 'sf r A iCU5 AND NOW, this / day of LI.1HJJ./l., , ~ upon consideration of the attached Custody Conciliation Report, it is order Cl and directed as follows: , 1. The Mother, Courtney Mae Yost, shall have sole legal and primary physical custody of Cerenity Mae Fish, born October 14, 2002. The Mother shall be responsible to make all major decisions concerning the Child, including but not limited to, all major medical, religious and educational decisions, after consultation with the Father. 2, The Father, Andrew W, Fish, shall have supervised periods of custody with the Child (supervised by the Mother or other adult selected by agreement be1'Neen the parties) in accordance with the following schedule: A. For the first three alternating weekends following th,e conciliation conference, the Father shall have supervised visitation with the Child on Saturday and Sunday from 3:00 p.m. until 6:00 p.m, B, Beginning on the Father's fourth alternating weekend, the Father's periods of supervised visitation shall occur on alternating weekends on Saturday and Sunday from 3:00 p.m. until 8:00 p.m. In addition, during weeks following the Mother's weekend periods of custody, the Father shall have a supervised period of visitation with the Child on one weekday evening with the times to be arranged by agreement between the parties, 3. The parties shall share having custody of the Child on holidays as arranged by agreement. 4, In the event the Father does not appear for a scheduled period of visitation within 30 minutes of the scheduled time and does not contact the Mother in advance, the period of visitation shall be forfeited. 5, Neither party shall consume alcohol or use illegal drugs or be under the influence of such substances during periods of supervised visitation. ~ EXHIBIT " ~ ~ B I;; ~ ~ < 6, Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference, The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Shane B, Kope, Esquire - Counsel for Mother Andrew W. Fish, Father COURTNEY MAE YOST Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-6182 CIVIL ACTION LAW ANDREW W, FISH Defendant 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: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cerenity Mae Fish October 14, 2002 Mother 2. A conciliation conference was held on January 25, 2005, with the following individuals in attendance: The Mother, Courtney Mae Yost, with her counsel, Shane B. Kope, Esquire, and the Father, Andrew W, Fish, who is not represented by counsel in this matter. 3, The parties agreed to entry of an Order in the form as attached, J~~ Date O!{,. ~., , /J~,~ ~ Dawn S, Sunday, Esquire Custody Conciliator -p t - ~ ~ ~ <0 o \. - ~ ..J,q. vt \) \) () ~ f?- --I:- o <;;; ~~ ->'"':0'1 l~~ l~.~~ U; . ~'", ~ r;;. :;:~j ~.~.~ ~ -<. ~ ~ = ~ ~~ -::: ~)~ \.D ~:1 ~ ~ %~ rv "'" .' ?O c...1"\ ~ o v