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HomeMy WebLinkAbout01-3274 STEPHANIE M. FOUTS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 01-3274 CIVIL ACTION LAW DONALD P. FOUTS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, November 26, 2001 , 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, Decemllter 18, 2001 at 2:30 PM 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/ Jacqueline M. Verney. Esq. ~ 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 HA VB 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,~ . g :::l ~ l~j t. ~ . J:~Jt k &. . ~ - " ...J -.... r ~'O ~ -):- - ;- , 8 C) " __ ~j"l -0 t5:: 2;: nl( '::::> Z..' :J~ tf5 s; f'V -<' __: ..-1 ~l'::' ~ (~.l -0 ~;+::-' ---:f ~ CCS f' ., , ,,;('') '"' :5C"\1 ~ ~ ~ -< STEPHANIE M. FOUTS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2001-3274 CIVIL TERM DONALD P. FOUTS, Defendant IN CUSTODY ORDER OF COURT AND NOW, 2001, upon consideration of the attached petition, it is hereby directed that the parties and their respectiv~ counsel appear before , the conciliatOr, at on the day of, ,200 I, at m., for a Pre-Hearing Custody Conference. At such oonference, 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 en~r 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. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information abo!ut accessible facilities and reasonable accommodations available to disabled individualis 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 STEPHANIE M. FOUTS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2001.3274 CIVIL TERM DONALD P, FOUTS, Defendant IN CUSTODY PETITION TO MODIFY CUSTODY ORDER AND NOW, comes the petitioner, Stephanie M. Fouts, by and through her attorney, Lindsay Dare Baird, Esquire, and respectfully avttrs the following: l. Petitioner resides at the 466 Mountain Road, toiling Springs, PA 17007, and is the natural mother of Devon Matthew Yount, date of birth February 5, 2000. 2. Respondent resides at 692 Atlantic Avenue, Apartment #4, Red Lion, PA 17365, and is the natural father of the child. 3, An Order of Court regarding the custody of the child was issued July 5,2001, and is attached and marked Exhibit "A", 4. The Order of the Court directed inter alia, that Respondent was to schedule anger management classes as soon as possible and to provide progress reports to Petitioner, 5. Court, Respondent has failed to follow the directives of the Order of WHEREFORE, Petitioner respectfully requests that visita~on by Respondent with the child be suspended until Respondent complies wjth the July 5,2001 Order of Court. Respectfully su~mitted, !~.o'~Wtk~ Lkndsay Dare B~ird, Esquire Attorney for the! Petitioner I verify that to the best of my knowledge and belief, the statements made in the foregoing document 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 faIsifica' n to authorities. I .IUI 0 3 2001 - ~ STEPHANIE M. FOUTS, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYL VANIA NO. 2001-3274 CIVIL TERM CIVIL ACTION - LAW DONALD P. FOUTS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this..!iL day of consideration of the attached Custody eoncili follows: 1. The Mother, Stephanie M. Fouts, and the Father, DonaldiP. Fouts, shal1 have shared legal custody of Devon Matthew Yount, born February 5, 2boo, Each parent shall have an equal right, to be exercised jointly with the other parent, tq make al1 major non-emergency decisions affecting the child's general wel1-being includ~ng, but not limited to, all decisions regarding his health, education and religion. 2. Mother shall have primary physical custody of the child. 3. Father shal1 have periods of supervised visitation of the child as follows: a. Beginning July 6,2001, from 8:30 a.m. to 2:30 p.m. Mother shall be the supervisor. b. Thereafter, Father shall have at least two (2) days per month of supervised visitation for at least six (6) hours per visit. Mother shall continue to be the supervisor. 4. Father shal1 have partial physical custody at such other times as the parties agree, with a goal for Father to have the child unsupervised for periods of time and eventual1y for Father to have unsupervised overnights sometime around Thanksgiving, 2001 5. Father shal1 schedule anger management classes as soon $s possible once his insurance benefits become effective. Father shal1 direct his counselor to verify his attendance and note his progress to Mother's counsel. 6. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shal1 control. . Exhibit "A" " cc: Lindsay Dare Baird, Esquire - Counsel for Mother Donald P. Fouts, pro se 9 Silver Birch Ct. Ownings Mills, MD 21117 I TRUE COPY ~ROM RECORD , In T:~51i ony~whereof I here ur.tc. :,)1 my hand and. l~ral of said ~.. at C:J31()~. Pa. lh,;~.....t:.... . J ~, & , . .. dl,l.eLJ.. -~ o. 'JA~/Jv-'-f1 . , ~ ..::r ?: ~ c-- t.J"; z ~ tt ~ ---'<t: ~ c) '-7 0'0'-- {-l::'~ 'L - - .....- g;:3 ~ c::> ,/.,0; 8 ('0.1 ".,1..., -?' "1 -::n: _..1 .e-_ .,-;::z :::1:-- !ULU 5\ 0L C- r.D n.. " 1-" -,,"" :2 ~ - ::) c:J 0 .' .. STEPHANIE M. FOUTS, Plaintiff WOl &0 ln~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA V. NO. 2001-3274 CIVIL TERM CIVIL ACTION -LAW DONALD P. FOUTS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 5 - day of 1ufr, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Stephanie M. Fouts, and the Father, DOIWd P. Fouts, shall have shared legal custody of Devon Matthew Yount, born February 5, 2000. Each parent shall have an equal right, to be exercised jointly with the other paren~, to make all major non-emergency decisions affecting the child's general well-being inqluding, but not limited to, all decisions regarding his health, education and religion. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of supervised visitation oft1l1e child as follows: a. Beginning July 6, 2001, from 8:30 a.m. to 2:30 p.m. Mother shall be the supervisor. , b. Thereafter, Father shall have at least two (2) days per month of supervised visitation for at least six (6) hours per -irisit. Mother shall continue to be the supervisor. 4. Father shall have partial physical custody at such othdr times as the parties agree, with a goal for Father to have the child unsupervised for periotls of time and eventually for Father to have unsupervised overnights sometime arm,md Thanksgiving, 2001 5. Father shall schedule anger management classes as s@on as possible once his insurance benefits become effective. Father shall direct his counselor to verify his attendance and note his progress to Mother's counsel. 6. The parties may modify the provisions of this Order h mutual consent. In the absence of mutual consent, the terms of this Order shall contrdl. I , " - \:l/i\'t<,'\7/~,Si\J!\}jd )J}.!f7(','~1 ::C'/VtlJ ; ~ : 11 !:U [fir /{J BY THE COURT, cc: Lindsay Dare Baird, Esquire - Counsel for Mot er Donald P. Fouts, pro se 9 Silver Birch Ct. Ownings Mills, MD 21117 /J~ J~ LJ~fL~ ~ JUL 03 2001 ~ STEPHANIE M. FOUTS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYL VANIA V. : 2001-3274 CIVIL TERM : CIVIL ACTION - LAW DONALD P. FOUTS, Defendant : 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 subn1dts 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 fN CUSTODY OF Devon Matthew Yount February 5, 2000 Mother 2. A Conciliation Conference was held in this matter on July 3, 2001. Mother, Stephanie M. Fouts, was present with counsel, Lindsay Dare Baird, Esquire, and Father, Donald P. Fouts, was present pro se. 3. The parties agreed to an Order in the form attached. 1-3 -of Date ~~k~~ . .ocq .,1;", M. V,m,y, Ibquh, Custody Conciliator ' STEPHANIE M. FOUTS PLAINTIFF V. DONALD P. FOUTS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-3274 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 01, 2001 , upon consideratiom 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, July! 03, 2001 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made t~ 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 aU existing Prote~tion from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scbeduled hearing. FOR THE COURT, By: Is/ Jacqueline M. Verney. 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 re$onable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements I 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 A1TORNEY AT ONCE. IF YOU DO NOT HAVE AN A1TORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHdNE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Permsylvania 17013 Telephone (717) 249-3166 .~?f~p ~~ A4p /t/-Y? 'h '%- ~uI ~ /(/>>7 ~ r 'Z ~'~.~ jr?-Y1 )IN VlNVJilASNN3d noo Ol\iV1f:1:i8vvno 0' :, Wd S - Nnr 10 AWIOrvCi-J ; \~:_, 30{:Jib~JTruj ;10 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ No. 3d.7~ -2001 CIVIL TERM STEPHANIE M. FOUTS, Plaintiff DONALD P. FOUTS, Defendant IN CUSTODY ORDER OF COURT AND NOW, 2001, upon consideration ~f the attached petition, it is hereby directed that the parties and their respectiv~ counsel appear before , the conciliatqr, at on the day of! ,2001, at m., for a Pre-Hearing Custody Conference. At such oonference, 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 en~r into a temporary order. All children age five or older may also be present at the co~ference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody ConciJiator The Court of Common Pleas of Cumberland County is required ~y law to comply with the Americans with Disabilities Act of 1,990. For information ab~ut accessible facilities and reasonable accommodations available to disabled individu s having business before the court, please contact our office. All arrangements mus, 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 LAWYER AT ONCE!. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELE~HONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEG-lu HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01- 3,') 7'1 -2001 CIVIL TERM STEPHANIE M. FOUTS, Plaintiff DONALD P. FOUTS, Defendant IN CUSTODY COMPLAINT FOR CUSTODY I. The plaintiff is Stephanie M. Fouts, residing at 466 Mot.j.ntain Road, Boiling Springs, Cumberland County, Pennsylvania. 2, The defendant is Donald p, Fouts, residing at 5040 Century Drive, Virginia Beach, Virginia. 3. Plaintiff seeks custody of the following child: Name Devon Matthew Yount Present Residence 466 Mountain Road Boiling Springs, PA 17007 Age I year The child was born out of wedlock. The child is presently in the custody of mother who resides at 466 Mountain Road, Boiling Springs, PA 17007. During the past five years, the child has resided with the fbllowing persons and at the following addresses: Person Dean Allen Yount Marlene Rae Yount Nathanial Dean Yount Stephanie M. Fouts Address 466 Mountain Road Boiling Springs, PA 17007 Dates 2/12/01 - present Stephanie M. Fouts Nathanial Dean Yount Donald P. Fouts 3433 Warren Place Apartment 201 Virginia Beach, VA 23452 5/5/00 - 2/1 IJOI Stephanie M. Fouts Nathanial Dean Yount , , I The mother of the child is Stephanie M. Fouts, currently r4siding at 466 200 East Pomfret Street Apartment I Carlisle, PA 17013 2/5/00 - 5/4/00 Mountain Road, Boiling Springs, PA. She is married. The father of the child is Donald P. Fouts, currently residing at 5040 Century Drive, Virginia Beach, VA 23462. He is married. 4. The relationship of plaintiff to the child is that of moth~r. The plaintiff currently resides with the following persons: Name Relationship Dean Allen Yount Marlene Rae Yount Nathanial Dean Yount Devon Matthew Yount Maternal Grandfather Maternal Grandmother Half brother Child 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Relationship Name Michael Fouts Diane Fouts Paternal Uncle Paternal Grandmother 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or anoither court, Plaintiff has no information of a custody proceeding conctlrning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the procFedings who has physical custody of the child or claims to have custody or visitatl!on rights with respect to the child, 7. The best interest and permanent welfare of the child wi.l be served by granting the relief requested because: a) Plaintiff can provide the child with a home with adeq~te moral, emotional and physical surroundings as required to meet the child's needs; b) Plaintiff is willing to accept custody of the child; c) Plaintiff continues to exercise parental duties and enjoy/> the love and affection of the child, , 8. Each parent whose parental rights to the child have not ibeen terminated and the person who has physical custody of the child have been nam~d as parties to this action. All other persons, named below, who are known to have qr claim a right to custody or visitation of the child will be given notice of the pend~ncy of this action and the right to intervene: Name NONE Address Basis of Claim Wherefore, plaintiff requests the court to grant custody of the child. I verify that to the best of my knowledge and belief, the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.~4904 relating to UJIlsworn fals' cation to authorities. ~~ E::tl '6 ---. <:::1 --- ~ ~ Cfj - p ..i;) eJ 1: t. r ~~(~ "' ' ~,; - ~-:i_ () C" C ~ ,....," -, .. .~. ~.--) C', ~" ,...." :,""] "'""- JAN 0 2 2003 ~ STEPHANIE M. FOUTS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001-3274 CIVIL TERM DONALD P. FOUTS, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of January, 2003, as the parties have not contacted the Conciliator since December 18, 2001 to request a conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, jf4 . Conciliator \ ~ ~ li.1Q ~ID ti:J i Et'~G ~'-- t '._ o r-- ~ =:1<( C)::.c- (')2: -..- ....:...1... C *.J ::J .-:::~ .'>- ,":;'Q : ;:irE iii ().. ~'';'':;:;' ....'"- J (,) -.r- :2 ("J I :7'::- ~t Cry o ..