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Home My WebLink About05-1184 PAMELA SUE KELLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05- 1111 CIVIL TERM BRYAN FOUST, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Pamela Sue Kelley, hereinafter referred to as Mother. Mother's permanent residence is 203 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The defendant is Bryan Foust, hereinafter referred to as Father. Father resides at 222 Walnut Manor Way, Jonestown, Lebanon County, Pennsylvania 17038. 3. Mother seeks custody ofthe minor child: Name Destinee Lee Foust Present Residence 222 Walnut Manor Way Jonestown, PA 17038 Age 07/l0/00 DOB, 4 Y, yrs old The child, Destinee, was born out of wedlock. The child is presently in the custody of Father. During her lifetime, Destinee has resided with the following persons and at the following addresses: Name Address Date Pamela Sue Kelley Bryan Foust 203 Plaza Drive Birth to 10/00 Boiling Springs, P A 17007 Pamela Sue Kelley 203 Plaza Drive 10/00 - 1/20/04 Boiling Springs, P A 17007 Pamela Sue Kelley Saviyon Kelley 203 Plaza Drive 1/20/04 - late 2/05 Boiling Springs, P A 17007 The parties are separated from each other. 4. Mother currently resides with the following persons: Name Relationship Saviyon Kelley Son 5. Father currently resides with the following persons: Name Relationship Jamie (last name unknown) Girlfriend Destinee Foust Daughter of Mother 2 additional children (names unknown) Children of Girlfriend and Father I additional child (name unknown) Girlfriend's child from another relationship 6. Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Destinee in this or another court. 7. Mother has no information of a custody proceeding concerning Destinee pending in a court ofthis Commonwealth. 8. Mother does not know of a person not a party to the proceedings who has physical custody of Destinee or claims to have custody or visitation rights with respect to Destinee. 9. The best interest and permanent welfare of Destinee will be served by granting the relief requested for reasons including, but not limited to the following: a) Since Destinee was born, Mother has been the sole provider for Destinee's emotional, physical, educational, and medical needs and provides a stable home environment for Destinee. b) Mother actively participates in parenting Destinee. Mother is very involved in Destinee's life and has always considered Destinee's best interests. c) Mother is the parent who can best facilitate any interaction between Destinee and Father and she has always been agreeable to allowing either Father or the paternal grandmother to spend time with Destinee when they would ask. d) Destinee has developed a strong relationship with her half-brother, Saviyon. The two children have been together since Saviyon was born and it is important to maintain that family unit. e) Father has not acted in Destinee's best interest in ways including but not limited to the following: i) Father took Destinee at the end of February 2005, and has not allowed Mother to see her or know her whereabouts. ii) Father threatened that he would not return Destinee to Mother until Mother drops her child support case against him. iii) Father will not provide Mother with an address where Destinee is living or with information about who is providing child care while he is at work. iv) Father refused to take Destinee to her appointment with the Women, Infants and Children (hereinafter WIC) program. These appointments are mandatory if Mother is going to be able to keep her WIC benefits that help to provide for the child. v) Father has two adults and four children living in his home and Mother fears that there is insufficient room for that many people and that Destinee cannot receive the care and attention she needs. vi) Destinee has never been away from Mother for more than three days. Mother fears that Father's actions in keeping Destinee away from the only home she knows IS traumatic, stressful and unhealthy for her. vii) Since Defendant left Mother's residence in October 2000, he has only seen Destinee on two or three occasions and has made no attempt to maintain contact through letters or telephone communication. Additionally, Christmas 2004, is the first holiday that Father has acknowledged Destinee with a telephone call, card or gift. He has never acknowledged Destinee's birthdays. 11. Every person with rights to custody or having actual physical custody of Destinee has been named as parties to this action. WHEREFORE, Mother requests this Court to grant her the following relief: 1) Grant the parties shared legal custody of Destinee. 2) Grant Mother primary physical custody of Destinee. 3) Grant Father periods of partial custody based on agreement of the parties. 4) Grant the parties an appropriate custody schedule so that the parties can spend time with the child on holidays. 5) Any further reliefthat this Court finds to be just and proper. Jessica Diamondstone Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, PAMELA SUE KELLEY, verifies that the statements made in the above complaint For custody are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.5. 94904, relating to unsworn falsification to authorities. Date: L), Ii ,oS pAMELA SUE KELLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05- CIVIL TERM v. BRY AN FOUST, Defendant CUSTODY 1, J,~i" Di_""'to"" do horoby ",'M "'" 1 """od ..,,, Fo'" with' C"""hin' Fm C""ody on I 1'1"",/., " 2005 by ,odiftod m_l, ~ ,""pi, _ctod d,h'''', to AFFlDA VlT OF SERVICE BY MAIL the person and address below: Bryan Foust 222 Walnut Manor Way Jonestown, PA 17038 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are In" "'" 00""" I no,,,,,,,,d Ih" f"" ..""",," h,rei. m, mod' "bj ", '" ,I>< p""'ti" of " Pa.C.S. Section 4904 relating to unswom falsiftcation to authorities. Date: Ot HfJ/J{j7 ;l 0:)';--- Signatur . en 0') "'> (~.::.::. (:::;, (J" ?;11: .,....>.. '::0 I ......; 9, ...., i1i:n r"~ ::f'lrn _t}C) ocr :,3.:/ c--" :::>d() c5rQ ;'~J :.:0 ,...( ~ ::r.:: -. --,~~ PAMELA SUE KELLEY, IN THE COURT OF COMMON PLEAS OF Plaintiffi'Petitioner CUMBERLAND COUNTY PENNSYL V ANlA No. OS- /1 ~trvlL TERM VS. BRYAN FOUST, Defendant /Respondent IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Pamela Sue Kelley, by and through her counsel, Jessica Diamondstone ofMidPenn Legal Services, states the following: I. Petitioner is the above-named Plaintiff, hereinafter referred to as Mother, who resides at 203 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Respondent is the above-named Defendant, who resides at 222 Walnut Manor Way, Jonestown, Lebanon County, Pennsylvania 17038. 3. The parties are the natural and biological parents ofthe minor child, Destinee Lee Foust, born July 10, 2000. 4. Mother has had custody of Destinee since the child was born. Defendant left the residence when Destinee was three months old and has not lived with the child since that time. 5. Defendant has only seen the child for visits two or three times in the past five years. He has made no attempt to maintain contact through telephone or written communication. 6. During the last week of February 2005, Defendant requested to see the child for a visit and Mother agreed. After Defendant left with Destinee, he called the Mother and advised her that he would not return Destinee unless Mother dropped her child support case against him. 7. Defendant is not acting in Destinee's best interest for reasons including, but not limited to, the following: a. Defendant took Destinee from Mother under false pretenses and now refuses to return her in a deliberate attempt to evade his responsibility to pay child support. b. Defendant refuses to provide Mother with an address where Destinee is staying and will not tell her who is providing child care while Defendant is working. This leaves Mother with no knowledge as to whether Destinee is receiving the care that is necessary and appropriate for a 4 year old child. c. Destinee had an appointment through the Women, Infants and Children (hereinafter WIC) program on March 2, 200S. Mother told Defendant about the appointment and explained that it was mandatory so that Mother can keep her WIC benefits. Father refused to take the child to the appointment. d. Destinee is due for a physical examination as well as any necessary booster shots so that Mother can complete the paperwork needed to enroll Destinee in the 2005-2006 kindergarten program at Rice Elementary School. Without the child, Mother cannot schedule these appointments or complete the paperwork. e. Destinee has never been away from Mother for more than three days. Defendant has informed Destinee that she will never go back to Mother and the child related this information during a March 3, 2005, telephone conversation with the maternal grandmother. 8. Mother is the parent who can best provide for Destinee for reasons including, but not limited to, the following: a. Mother is presently able to provide for Destinee by giving her a nurturing and stable home environment and providing for her emotional, physical, medical and educational needs. b. Since Destinee's birth, Mother is the person who has provided for Destinee's daily needs and has done so without personal, emotional or financial assistance from Defendant. c. Mother can best facilitate and maintain any contact between Destinee and Defendant. 9. Mother requests that the Court grant primary physical and legal custody of the child to her and grant Defendant periods of partial physical custody at times agreed upon by the parties. 10. Without this Court's intervention, Mother and Destinee are at risk of irreparable harm by being denied contact with each other. II. It is unknown whether Defendant has legal counsel and, therefore, there has not been an attempt to request concurrence for the relief requested. WHEREFORE, Mother respectfully requests that the Court order the following: a. That Defendant is ordered to immediately return the child to Mother. b. That the Court order the police to facilitate the transfer of custody pursuant to the Court Order. c. The parties shall have shared legal custody of the child. d. Mother shall have primary physical custody of the child. e. Defendant shall have periods of partial physical custody at times agreed upon by the parties. f. Any other relief this court deems just and proper. Respectfully submitted, essica Diamondstone Attorney for Plaintiffi' Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 VERIFICATION The above-named PLAINTIFF, PAMELA SUE KELLEY, verifies that the statements made in the above PETITION FOR SPECIAL RELIEF are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: :?:;" L1 O~ ~~~ PAMELA SUE KELLEY ~ PAMELA SUE KELLEY, IN THE COURT OF COMMON PLEAS OF Plaintiffi'Petitioner CUMBERLAND COUNTY PENNSYL VANIA vs. No. 05- CIVIL TERM BRYAN FOUST, Defendant /Respondent IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Bryan Foust with a Petition for Special Relief on 'f )/,fUc.I. , 2005 by certified mail, return receipt, restricted delivery, to the person and address below: Bryan Foust 222 Walnut Manor Way Jonestown, P A 17038 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 0'} fraf Jl 07c)J:I- S~t~ r'" c:? tfJ, ~ ~."','" ):J \ .-l o ~i" -;I...,., f'''\1-':. -,~c::, -o\'r '()C) ~.J "\', ~i~:', ~q .~ ~- 5 .- ,.- .' (n 0" PAMELA SUE KELLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05- J Icg~ CIVIL TERM BRYAN FOUST, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Pamela Sue Kelley, Plaintiff, to proceed in forma pauperis. I, Jessica Diamondstone, 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 selVices to the party. Jessie Diamondstone Attorney for Plaintiff MidPenn Legal SelVices 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 0'"' c::::) "'" ",,, :;w:. J::;\\\> ;:;0 I _l :cy.> ::;lie o .,,'1 ~"n P'f"z -q'Q ~~~r~ --j\,; :::;'_",Z i~':;:;'O ,,-rt1 C2 ..A "1::>> ~:2 - - tJ1 (';1 PAMELA SUE KELLEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-1184 CIV1L ACTION LAW BRYAN FOUST DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesd"hI\1i'!.c.'!JlS-,lIl05__, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at___ 4th Flol}.', CUIl1..h-"~llI~<!-,<::oun_ty_~o!'!.tl1~~s", Ca,=,!~ on Thursd"y,_~!,r!I~}-,~()~____ at l.ll}~_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 denne 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 conJerence 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 Custodv orders to tbe conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: _~___!Lubert X_Gilroy, E~q,-~__ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitcs Act of 1990. For infom1ation about accessible facilities and reasonable accommodations available to disabled individuals having business before the coul1, 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 HA VE 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 32 South Bedfi.>rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1? ~7p1.# ~ ~~ 5~.!?[ .;fp z ~ ~Jt, 57p.P $'7 j! ~ .~-r9 JOvE' '.! '-,iI--,'"; \.I,j 1 D :f1 ! ;~\ ~- \l:';lJ Ft;{i7 . ...... lJ '...1', t') ":!J1,;\,I ~ PAMELA SUE KELLEY, PLAINTIFF V. BRYAN FOUST, DEFENDANT AND NOW, this ----L 0 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 05-1184 CIVIL TERM ORDER OF COURT day of March, 2005, a hearing on the within petition for special relief shall commence at 10:30 a.m., on Friday, March 18, 2005, in Courtroom Number 2, Cumberland County Courthouse, Carlisle ~ica Diamondstone, Esquire For Plaintiff ~n Foust, Pro se 222 Walnut Manor Way Jonestown, PA 17038 :sal / :> \.L ,"'-~ .~~, '.() L::) L"..I.-. <:.) c' PAMELA SUE KELLEY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRYAN FOUST, DEFENDANT 05-1184 CIVIL TERM ORDER OF COURT AND NOW, this I~ day of March, 2005, this matter having been called on a petition for special relief, and the parties having reached an agreement, IT IS ORDERED: (1) Destinee Lee Foust, born July 10, 2000, shall today return to the home of her mother, Pamela Sue Kelley. (2) The custody exchanges for March 27, 2005 and April 3, 2005, shall both be at 3:00 p.m. at Wendy's on Front Street in Harrisburg. (3) The mother shall contact the Children's Resource Center to schedule a physical examine for Destinee, and further she will contact her insurance carrier, Gateway, to determine an approved provider for a psychological evaluation of Destinee. (4) The mother agrees that when there is a need for babysitting for Destinee there shall always be a female present. ~.~~~: . x.'( ',J::::.., / ) ~//O!J ( ~' .\ 00:; Edgar . ---- r") ~, . .' . . ~ Jessica Diamondstone, Esquire For Plaintiff Wendy J.F. Grella, Esquire 3618 N. 6th Street P.O. Box 5292 Harrisburg,PA 17110 For Defendant :sal PAMELA SUE KELLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW NO. 0)-1184 IN CUSTODY BRYAN FOUST, Defendant COURT ORDER AND NOW, this ~OtA day of May, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: I. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the lie 1J.. day of ~, 2005 at Cj,:+; ~.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall fIle with the Court and opposing counsel a memorandum setting forth the history of cnstody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be fIled at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, custody of the minor child shall be continued to be shared equally between the parties on a week on/week off schedule consistent with the arrangement that has been in place since March 2005. 3. The parties agree that the minor child shall undergo a physical exam .atJ:~e Sadler Clinic. ,l cc:VWendy J.F. Grella, Esquire v:feSsica Diamondstone, Esquire ~ ~O.s oS';I.. Judge Edgar B. Bay "" c::; (') ::..1 -- RECEIVED MAY 19 ZIJU5 y,jr PAMELA SUE KELLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW -' ()~ NO. Q<<-1184 IN CUSTODY BRYAN FOUST, Defendant Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Destinee Lee Foust, born July 10, 2000. 2. A Conciliation Conference was held on May 13, 2005, with the following individuals in attendance: The mother, Pamela Sue Kelley, with her counsel, Jessica Diamondstone, Esquire, and the father, Bryan Foust, with his counsel, Wendy J. F. Grella, Esquire. 3. There is an existing Order from March 18, 2005 which incorporated the agreement of the parties which is a week on/week off custodial arrangement. At the Conciliation, both parties suggested they want primary custody. In light of the dramatic difference in positions, the Conciliator was unable to convince the parties to modify their positions and a hearing is required. The Conciliator recommends an Order in the form as attached. s~/! ,If) r DATE ---- PAMELA SUE KELLEY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BRYAN FOUST, Defendant NO. 05-1184 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of June, 2005, upon the request of defendant for time to retain counsel, the motion is granted. The hearing scheduled this date is continued until 1:30 p.m. on Wednesday, August 10, 2005, in Courtroom No.2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the <;ourt, 7 / Edga~L~ Jessica Diamondstone, Esquire For Plaintiff Bryan Foust, pro se 542 Arnold Street Lebanon, PA 17046 ~~ C._/&O{ C}-, Sheriff prs ~ ~~ \..\"y.:::? ~i~~. ...~< '3' <;'. (""'it> s~o- .;!\.U \.>-:J::. r- '6 o "'" N :e. a- '..0 - ~" -, "'" 'iG ~ ?== .- --;" '!!::-:., \:; <oj D PAMELA SUE KELLEY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRYAN FOUST, DEFENDANT 05-1184 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 11th day of August, 2005, following a hearing on the merits, IT IS ORDERED: (1) Pamela Sue Kelley and Brian Foust shall have joint legal custody of their daughter Destinee Lee Foust, born July 10, 2000. (2) The mother shall have primary physical custody of Destinee. (3) The father shall have temporary physical custody of Destinee: (a) During each school year, every other weekend from Friday after school until Sunday evening, or Monday evening if Monday is a school holiday. (b) Each summer, every other week with exchanges on Sundays. (c) At such other times as the parents may agree. (4) The parents shall make arrangements for the father to see Destinee during Christmas school breaks at times convenient to both of them. (5) The father shall arrange transportation for all exchanges unless otherwise agreed by the parents. The times and places for the exchanges shall be agreed between the parents. ~a Diamondstone, Esquire For Plaintiff ~ert O'Brien, Esquire For Defendant " :sal O~ -/l-{l5 ....-- By t~ COurt / .- ~ If) r::: 9 ~%: ~ '~.>-?': - ~ - ~ '5 ?: '?:: :J.d:... 3~ ".:)? ;:~: 0) -ejz ;'f"' ...". "_~"Jt0 :,::;.)0- '#- ..J (.) ~ -:a 'iG ~