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HomeMy WebLinkAbout06-7129Danielle Fouts : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 66'7o-R Gw6t-???r.. V. Civil Action - Law William F. DeBaufre, III Defendant IN CUSTODY COMPLAINT FOR CUSTODY NOW COMES, Michael J. Whare, Esquire, for Plaintiff, Danielle Fouts, and in support of this Complaint for Custody avers as follows: 1. Plaintiff is Danielle Fouts, who resides at 2007 Douglas Drive, Carlisle, Cumberland County, Pennsylania 17013. 2. Defendant is William F. DeBaufre, III, who resides at 1970 Roosevelt Avenue, York County, York PA 17408. Plaintiff seeks Primary custody of the following children: Name Present Residence Age Ryan DeBaufre 1970 Roosevelt Avenue 2years York, PA Tyler DeBaufre 1970 Roosevelt Avenue 1 year York, PA The children were born out of wedlock. 3. The children are presently in the custody of William F. DeBaufre, III, who resides at 1970 Roosevelt, Avenue, York, PA. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons Danielle Fouts William F. DeBaufre, III List All Addresses 2007 Douglas Drive Carlisle, PA Dates Birth to April, 2006 Danielle Fouts William F. DeBaufre, III William F. DeBaufre, III William F. DeBaufre, Jr. 108 Amy Drive Carlisle, PA 1970 Roosevelt Avenue York, PA 4/2006 - 11/9/06 11/9/06 - Present 10. The mother of the children is Danielle Fouts who resides at 2007 Douglas Drive, Carlisle, PA She is not married. The father of the children is William F. DeBaufre, III, who resides at 1970 Roosevelt Avenue, York, PA. He is not married. 11. The relationship of plaintiff to the children is that of Mother. The plaintiff currently resides with the following persons: Name Relationship Joann Gilliland Mother 12. The relationship of defendant to the child is that of Father. The Defendant currently resides with the following persons: Name Relationship Ryan DeBaufre Son Tyler DeBaufre Son 13. 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 or any other state. 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. 14. Reasons for granting relief: Plaintiff is best able to provide the care and nurture which the children needs for healthy development. Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the- children have 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 the court grant primary custody of the children to Plaintiff with visitation in Father as agreed upon. Date: / ,? - l y-o Respectfully Submitted, ROMINGER & WHARE 41 --e" t-?Jt Michael J. Whare, E quire 155 South Hanover Street Carlisle, Pa 17013 Court Id No. 8902 Attorney for Plaintiff Danielle Fouts : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. No. Civil Action - Law William F. DeBaufre, III Defendant IN CUSTODY 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. anielle Fout , aintiff Danielle Fouts : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. William F. DeBaufre, III Defendant No. Civil Action - Law IN CUSTODY CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Plaintiff 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: William F. DeBaufre, III 1970 Roosevelt Avenue York, PA 17408 L'- Dated: l ? /-1- o to Michael J. Whare, Es ire Attorney for Plaintiff C ? ?. - ra rig T 9 0 s? ' ?rJ rlf'? all t o? DANIELLE FOUTS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM F. DEBAUFRE, III DEFENDANT 06-7129 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 21, 2006 , 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 Thursday, January 11, 2007 at 10:30 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 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . 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 information 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 HAVE 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) 249-3166 4V 10 -1C, 7r/ p?4 A"171 V ".' Ai if _ to 1 0 !td 1Z 3:10 HE 4 FEB 1 3 200m,,-1 DANIELLE FOUTS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-7129 CIVIL ACTION - LAW WILLIAM F. DeBAUFRE, III, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this k al day of F cL • , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Danielle Fouts and the Father, William F. DeBaufre, III, shall have shared legal custody of Ryan DeBaufre, born February 10, 2004 and Tyler DeBaufre, born August 24, 2005. 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. The parties shall share physical custody of the children on a week on/week off schedule. The exchange day shall be Fridays at 4:00 p.m. Mother shall have the week beginning February 16, 2007 and the parties shall alternate weeks thereafter. 3. Mother shall have physical custody of the children on Easter from 11:00 a.m. to 5:00 p.m. 4. Transportation shall be shared such that the receiving party shall transport. Mother shall not have her boyfriend in the car when she picks up the children. t?1.1? i rk?. 9A 4Z L?tl Uk ao 5. The parties shall have reasonable telephone contact with the children. 6. Neither party may take the children from the jurisdictions of Cumberland or York County without prior approval of the other party, which shall not be unreasonably withheld. In the event either party travel outside of the jurisdictions, they shall provide a telephone number and address where the children may be reached. 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. Another Conciliation Conference is scheduled for April 10, 2007 at 8:30 a.m. BY THE COURT, ?"- J. cc: ichael J. Whare, Esquire, Counsel liam F. DeBaufre, III, pro se 1870 Roosevelt Avenue \ Mother York, PA 17408 4 DANIELLE FOUTS, Plaintiff V. WILLIAM F. DeBAUFRE, III, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-7129 CIVIL ACTION - LAW : 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: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ryan DeBaufre February 10, 2004 Father Tyler DeBaufre August 24, 2005 Father 2. A Conciliation Conference was held in this matter on February 13, 2007, with the following in attendance: The Mother, Danielle Fouts, with her counsel, Michael J. Whare, Esquire, and the Father, William F. DeBaufre, III, pro se. 3. The parties agreed to an Order in the form as attached. a - f 3 -o ?-?- ?7 . Date acq nn - M. Vern ey, Esquire Custody Conciliator V APR 10 2007Pe DANIELLE FOUTS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-7129 CIVIL ACTION - LAW WILLIAM F. DeBAUFRE, III, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this t2 IL day of yi IQ r". I , 2007, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. The prior Order of Court dated February 19, 2007 shall remain in full force and effect with the following modifications: 2. Mother shall have physical custody of the children on Mother's Day and Father shall have physical custody of the children on Father's Day, both at times agreed by the parties. 3. 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. Another Conciliation Conference is scheduled for June 15, 2007 at 8:30 a.m. cc: Danielle Fouts, pro se 2007 Douglas Drive Carlisle, PA 17013 William F. DeBaufre, III, pro se 1870 Roosevelt Avenue York, PA 17408 € y. Cl) L:J L 1 1 Z :z . DANIELLE FOUTS, Plaintiff V. WILLIAM F. DeBAUFRE, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-7129 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 CURRENTLY IN CUSTODY OF Ryan DeBaufre February 10, 2004 shared Tyler DeBaufre August 24, 2005 shared 2. A Conciliation Conference was held in this matter on April 10, 2007, with the following in attendance: The Mother, Danielle Fouts, pro se, and the Father, William F. DeBaufre, III, pro se. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated February 19, 2007 providing for shared legal and shared physical custody on a week on/week off basis. 4. The parties agreed to an Order in the form as attached. ?Date ! acq line M. Verney, Esquire Custody Conciliator JUN 18 20070* DANIELLE FOUTS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-7129 CIVIL ACTION - LAW WILLIAM F. DeBAUFRE, III, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 15th day of June, 2007, the Conciliator being advised that the parties are satisfied with the current Order, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq ine M. Verney, Esquire, Custo onciliator ? I : I I I,IV 6 ! H .'T L661 r? '? .(?i 4?: < I C l?: 3AH140