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HomeMy WebLinkAbout05-4566 STEPHANIE A MARTIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005- .{j[fo 10 CIVIL TERM JASON FAHNESTOCK, Defendant CIVIL ACTION-LAW CUSTODY COMPLAINT FOR CUSTODY II 1. Plaintiff is Stephanie A Martin, an adult individual residing at 337 Old State Road, Gardners, Cumberland County, Pennsylvania 17324-8954. 2. Defendant is Jason Fahnestock, an adult individual residing at 4347 Carlisle Road, Cumberland County, Pennsylvania 17324-9039. Ii I! 3. Plaintiff seeks primary custody of the following children: Name Present Residence Date of Birth Jackson S. Fahnestock 337 Old State Road October 9, 2002 Gardners, Pennsylvania 17324-8954 Ethan J. Fahnestock 337 Old State Road October 10, 2002 Gardners, Pennsylvania 17324-8954 The children were born out of wedlock. The children are presently in the custody of the plaintiff, who resides at 337 Old State Road, Gardners, Cumberland County, Pennsylvania. II During the past five years, the children have resided with the following persons and at the following addresses: Name Address Date Stephanie Martin 337 Old State Road June, 2005 Gardners, Pennsylvania to present Stephanie Martin and 337 Old State Road September, 2003 to Jason Fahnestock Gardners, Pennsylvania June,2005 Stephanie Martin and 390 Crossroad School Road October, 2002 to Jason Fahnestock Newville, Pennsylvania September, 2003 The mother of the children is Stephanie A. Martin, currently residing at 337 Old State Road, Gardners, Cumberland County, Pennsylvania. She is not married. The father of the children is Jason Fahnestock, currently residing at 4347 Carlisle Road, Cumberland County, Pennsylvania. He is not married. 4. The relationship of plaintiff to the children is that of natural mother. The plaintiff currently resides with the following persons: Name Relationship Jackson S. Fahnestock Ethan J. Fahnestock Son Son 5. The relationship of defendant to the children is that of natural father. The defendant currently resides with the following persons: Name Relationship Sandy Berry Bobby Berry Chad Hench Mother Step-father Brother II 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None. WHEREFORE, Plaintiff requests your Honorable Court to grant her primary physical custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: ~1V0 Michael A Scherer, Esquire Attorney for Plaintiff I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/martin/custodycomplaint.pld I I' STEPHANIE A MARTIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005- CIVIL TERM JASON FAHNESTOCK, Defendant CIVIL ACTION-LAW CUSTODY VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: August a6 ,2005 iLlda~(<s S EPHANIE A IN II CERTIFICATE OF SERVICE I hereby certify that on August 30, 2005, I, Jennifer S. Lindsay, secretary to Michael A Scherer, Esquire, did serve a copy of the Custody Complaint by first class U.S. mail, postage prepaid, to the party listed below, as follows: Mark F. Bayley, Esquire Rominger, Bayley & Whare 155 South Hanover Street Carlisle, Pennsylvania 17013 (") c~. (:) -w. -- 't- -- ~ -- v, ~ D - ~ ~ \)- lI\ ""01 ~ ~ uJ ~ f2 -t- ~ ~;J, ~.~ ~,':',:;) c-', -\ (f! ';:r::l~.-.."C~ ,"~I \. I" '-';J ~y~f~, c"'\~')~,:,.~ ~ ,-_." " , '_:,\"(1. 1,-F? X:"'" '"" ';':~ ~ STEPHANIE A. MARTIN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND C01.JNTY, PENNSYLVANIA V. 05-4566 CIVIL ACTION LAW JASON FAHNESTOCK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 08, 2005 , 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 Tuesday, October 04, 2005 at 9:30 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 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 bours prior to scheduled hearing. FOR THE COURT. By: Is! Jacqueline M Verney, Esq.:::Y' 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 infonllation 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 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 Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 166 .~ ~F ~ ~ ~ 506'6 ~j1v 2 ~ ~>>~'6 ~ b':J.~~.pp 5r?6'6 s (] : i ! SiJOZ I'y RECEIVED OCT 05 m r STEPHANIE A. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JASON FAHNESTOCK, Defendant : NO. 2005-4566 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of D,..1 ,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. / , of the Cumberland County Court House, on the kfJL day of ~ /Ih ~~ ' 200~, at l' J I) o'clock, -4=-. M., at which time testimony wi I be take . For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Mother, Stephanie A. Martin, and the Father, Jason Fahnestock shall have shared legal custody of Jackson S. Fahnestock, born October 9,2002 and Ethan 1. Fahnestock, born October 10, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 4. Mother shall have primary physical custody of the children. 5. children: Father shall have the following periods of partial physical custody of the A. Beginning October 6, 2005 every Thursday overnight from 9:00 a.m. to Friday at 9:00 a.m. B. Beginning Saturday, October 8, 2005 at 9:00 a.m. to Tuesday at 9:00 a.m. on an alternating weekend basis. s S :C!! 11'1 21 1:]0 soaz C. Such other times as the parties agree. 6. Thanksgiving shall be shared such that Father shall have physical custody ofthe children from 9:00 a.m. to 3:00 p.m. and Mother shall have physical custody ofthe children from 3:00 p.m. to 9:00 p.m. 7. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in 2005 and Father shall have Block Bin 2005. 8. Mother shall have physical custody of the children on October 9 and 10, 2005 from 1 :00 p.m. to 5:00 p.m. 9. Transportation shall be shared such that the receiving party shall transport. 10. Neither party may consume alcohol immediately before or during their periods of physical custody. 11. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Michael A. Scherer, Esquire, counsel for Mother Mark F. Bayley, Esquire, counsel for Father RECEIVED OCT 05 Z005 f STEPHANIE A. MARTIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW JASON FAHNESTOCK, Defendant : NO. 2005-4566 CIVIL TERM : IN CUSTODY PRIOR JUDGE: None 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTL Y IN CUSTODY OF Jackson S. Fahnestock Ethan J. Fahnestock October 9, 2002 October 10,2002 Mother Mother 2. A Conciliation Conference was held October 4, 2005 with the following individuals in attendance: The Mother, Stephanie A. Martin, with her counsel, Michael A. Scherer, Esquire, and the Father, Jason Fahnestock, with his counsel, Mark F. Bayley, Esquire. 3. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody with Father having partial physical custody on an alternating weekend schedule and one overnight per week. Mother maintains that the children are not properly supervised while in Father's custody, that they return to her injured and unruly. Mother asserts that Father stays at his parents' home sometimes and at his girlfriend's home at other times, leading to instability for the children. Mother claims Father has been intoxicated during his periods of custody. Mother further complains that Father recently failed to return the children pursuant to an agreement she had with his relatives. Mother is a waitress and has flexible shifts. 4. Father's position on custody is as follows: Father seeks shared legal custody and shared physical custody on a 5/5/2/2 schedule. Father has similar complaints about Mother being intoxicated and not caring for the children appropriately. Father works the overnight shift and asserts that he can spend quality time with the children during the day. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father having alternating weekends and one overnight per week. It is expected that the Hearing will require one day. /' / () - 'f -P!J Date Stephanie A. Martin, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTON - LA W No. 2005 - 4566 CIVIL TERM Jason Fahnestock, Defendant IN CUSTODY MOTION TO WITHDRAW REQUEST FOR HEARING AND NOW. comes Jason Fahnestock, by and through his attorney, Mark F. Bayley. Esquire, and in support of the within Motion avers as follows 1. A hearing regarding the above-captioned custody matter is currently scheduled for February 6, 2006 at 9:30 AM in Courtroom # I, by Order dated October 10, 2006. 2. Mr. Fahnestock and Stephanie Martin, through her attorney, Michael Scherer, Esquire, have indicated that they wish to withdraw the request for the hearing. 3. The parties agree that all other paragraphs contained in the October 10,2005 Order remain in full force and effect. WHEREFORE, the parties respectfully request that the request for a hearing currently scheduled for February 6, 2006 be withdrawn and said hearing he cancelled. D"'(~)(-~ Respectfully subm~ ROA/U~EY & WHARE kt , R""",c~ I 55 South Hanove reet Carlisle, PA 17013 (717) 241-6070 Supreme Court 1D # 87663 Stephanie A. Martin, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTON - LAW No. 2005 - 4566 CIVIL TERM Jason Fahnestock, Defendant IN CUSTODY ATTORNEY VERIFICA nON Mark F. Bayley, Esquire, states that he is the attorney for Jason S. Fahnestock in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of ] 8 Pa. C.S. Pa.c.S. 94904, relating to unsworn falsification to authorities. "," I-s / ~C/;J Mark F. Bayley, Es uire Attorney for PetitlOner . Stephanie A. Martin, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTON - LA W No. 2005 - 4566 CIVIL TERM Jason Fahnestock, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant do hereby certify that I this day mailed a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michael Scherer, Esquire O'Brien, Baric & Scherer ] 7 W. South St. Carlisle, PAl 70 13 vU Dated: [-/ ~I ~O~ Mark F. Bayley, Esqui Attorney for Defimdant C) S.-- ..." ~.") C~;) c;:r'" I,'; -rt f"q CJ t C) -n ::;:I fii?~ -r,i,' +~JCJ ".::~ C:.l >, ~;: ':.) ,:,::rn ~~ ;". :AJ -:. :;;-:;00 N v:> y i> Stephanie A. Martin, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTON - LAW No. 2005 - 4566 CIVIL TERM Jason Fahnestock, Defendant IN CUSTODY ORDER OF COURT AND NOW, this..ill day of ~t'l , 2006, pursuant to Stipulation by the parties, the Court grants leave for the hearing request currently scheduled for February 6, 2006 to be withdrawn. Said hearing is cancelled. All remaining provisions in the October 10, 2005 Order not pertaining to the said hearing remain in full force and effect. By the Court: J. Michael Scherer, EsqUire] 1 _ _ . Mark F. Bayley, Esquire ""-f '0& c~,~ J~ . '-':'~!n:J l. S ;2 Hd 8- 81:1 SDDZ . "vIe'" , ~., , ~I' I .:f0 ,I,}"; :,"\,, ,...,;1 !"'I'" _[.01 ' I\U __j,I.,.,",u'...) ...I _ :J~jH~'O-O~n!::1