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Home My WebLink About95-06033 <. previa aviso 0 notificacion Y por pedido en la peticion de demanda, BUS propiendades 0 otros derechos cualguier queja 0 alivio que es Usted puede perder dinero 0 importantes para usted, LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION BE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONBEGUIR ABIBTENCIA LEGAL. Court Administrator Fourth Floor, cumberland county courthouse carlisle, PA 17013 (717) 240-6200 HANFT & VOHS ~-1IJ1t1 Mi6hael J, Hanf~~re Attorney ID No, 57976 11 West pomfret street, suite 2 carlisle, PA 17013 (717)249-5373 Attorney for plaintiff l'lMnf't,.-nlllytmJllWII'I""" " " 3, The Plaintiff seeks shared legal and physical custody of the following children: ~ Present Residence AWl David s, Fettrow, III 826 North college st, carlisle, PA 17013 2 Date Of Birth of Child: August 10, 1993 Mary B, Fettrow 826 North College st, 1 Carlisle, PA 17013 Date Of Birth of child: September 29, 1994 The children were not born out of wedlock, The children were taken by Defendant from the marital home without notice to Plaintiff , The Defendant has refused to allow Plaintiff to see or visit with the children. Despite Plaintiff's repeated requests to see the children, Defendant has refused all of Plaintiff's written and verbal requests to Bee the children, Plaintiff believes therefore avers that the children are presently in the custody (both physical and legal) of the Defendant, In addition to the children's present address, during the past five years, the children have resided with either Plaintiff or Defendant at the following addresses I 238 ShippenBburg Mobile Estates, Shippensburg, cumberland county, Pennsylvania, The mother of the children is the Defendant, who resides at 826 North college Street, carlisle, PA. she is separated from Defendant, (o'M.llN11fl110rn"'11WV1JWP\1 .. " The father of the children is Plaintiff, who resides at 238 Shippensburg Mobile Eetates, Shippensburg, PA, He is separated from plaintiff, 4, The relationship of Plaintiff to the children is that of father, The Plaintiff currently resides alone in the marital residence, 5, The relationship of the Defendant to the children is that of mother. The Defendant currently resides with her mother, her mother's live in boyfriend, and the children, 6, Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or another court. The Plaintiff has no information of a custody proceeding concerning the custody of the children in this or any other court, The 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 vieitation rights with respect to the children. 7, The best interests and permanent welfare of the children will be served best by granting the relief requested becaUse' a) From the children's birth until September 4, 1995, the Plaintiff had shared physical and legal custody of the children; c"",m.n.J'l"tln,.'WiltlWlt I - b) The Plaintiff has always provided the children with a home with adequate moral, emotional and physical aurroundings as required to meet the children's needs; 0) The Plaintiff is, and has always been, willing to accept partial physical and legal custody of the children; d) If not for Defendant's refusal, the Plaintiff would continue to exeroise parental duties and responsibilities and enjoys the love and affection of the children; e) It would be in the children's best interest that they have regular contact and visitation with both of their natural parents and their respective families; and f) The plaintiff can provide the children with a stable and emotionally balanced home and home life; 8, Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the ohildren have been named as parties to this action, There are no other persons who are known to have or claim a right to custody or visitation of the children, r~Nwn~nnnuwn*"t " . " , 3. Contemporaneously herewith, Plaintiff has filed a custody Complaint seeking the shared legal and shared physical custody of the following childrenl liAU Present Residence A9.i David S, Fettrow, III 826 North College st. carlisle, PA 17013 Date Of Birth of child: August 10, 1993 826 North College st. Carlisle, Ph 17013 Date Of Birth of Child: September 29, 1994 Mary B, Fettrow 4, The children were taken by Defendant from the marital home without notice to Plaintiff, 5, Despite Plaintiff's repeated requests to see the children, Defendant has refused all of Plaintiff's written and verbal requests to see the children, the Defendant has refused to allow Plaintiff to see or visit with the children, 6. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides alone in the marital residence. C'Mllfrtl8Tt~Y'flTf1oWWlf1Al.~n 2 1 .. " 7, The relationship of lhe Defendant to the children is that of mother, The Defendant currently resides with her mother, her mother's live in boyfriend, and the chJldren, 0, There have never been any allegations of phyeical, sexual, or drug abuse by either Plainiff or Defendant with regard to the children who are the subject of this Petition nor any other children, 9, The best interests and permanent welfare of the children will be served best by granting the relief requested because I a) From the children's birth until September 4, 1995, the Plaintiff had shared physical and legal custody of the childrenl b) The Plaintiff has always provided the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; c) The Plaintiff is, and has always been, willing to accept partial physical and legal custody of the children; d) If not for Defendant's refusal, the Plaintiff would continue to exercise parental duties and responsibilities and enjoys the love and affection of the children; e) It would be in the children's best interest that they have regular contact and visitation with both of their natural parents and their respective familiesl and ('....,.k'~Jllrjnnll'""I1Al...l , v, IN THB COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACI'lON . LAW IN CUSTODY DAVID S, FB'ITROW, JR., Plaintiff/Petitioner ANNIH'lt1 M, FB'ITROW, Defendant/Respondent NO. 95-6033 CIVIL TERM DEFENDANT/RRliPONDENT'S RRliPONSE TO PLAINTIFF/PETITION....R'S PETITION IDR SPECIAL REUEF NOW COMES, this 27th day of October 1995, Defendant/Respondent, Annette M, Fettrow, by and through her attorneys, the Family Law Cllnlc, and flies the followlna RcIponItl to Plaintiff/Petitioner's Petition for Special Rellef: 1. Petitioner filed his Petition for Special Rellef on October 20, 1995, rcqUCllina Immediate custody rights pending a Custody Conciliation. 2, By Order of October 20, 1995, the Court Issued a Rule, returnable five days after IClVlce, 3, Although service was made upon Respondent on October 20, 1995, Petitioner, by way of his cover letter, extended Respondent's time to respond to October 27, 1995. A copy Is attached hereto as Exhibit A. .. Respondent, by her attorneys, contacted Petitioner's allorney, Michael J. Hanft, Esquire attempting to resolve this matter. 5, Respondent, by her allorneys, prepared and filled a Proposed Custody Agreement granting Petitioner's requests, The only change being that Respondent needs to begin one week later, on November 3, 1995, because of previously scheduled plans. A copy of this Agreement is attached hereto as Exhibit B. 6. Reapondent requeated but received no response from the PeUUoner prior 10 the Urne of flIlna thla response. WHEREFORE, Respondent Is agreeable 10 this Honorable Court aranUna the relief requeated by PeUUoner 10 exercise custody rlahts u 10 the minor children, be&lnnlna November 3, 1995 u set forth In Reapondent'a attached Custody Aareement, Respect!uily submitted, /... /} ( '/ (I ........., , ./ ..~';"J]_ 1 n C. Slevena // rtified Leaallntern "---, -M", Dale -1,6~/9,) . ~~/ ~'tl / /1) (- _Jll''''' 't_" \ OBERT E/RAINS THOMAS M. PLACE KATHERINE C, PEARSON Supervlalna Atlorney GAIL R. SHEARER Staff Atlorney FAMILY LAW CLINIC ..5 North PIIt Street Carllale, PA 17013 717/2"3-2968 717/243-3639 HANl'T Be VOllS ArtuIfNI:"H ^1" LAw II ',"'U61' Pur-l.rlfl~T STIIHHT. SlIll'H ~ CAIU.ISLH. I'A 1701:.1 MICIIAF.L J. HANn WILLIAt-1 C. VOltH 17171 249'!l373 FAX 11171 a4l)'04~7 October 20, 199~ .I1(c1!lll1rn~) OCT 2 4 1995 Gni1~U~~4i1W , Annette M, Fettrow 826 North College street Carlisle, PA l7013 ReI Fettrow v, Fettrow No. 95-6033 -- In custody t I Dear Mrs, Fettrow: Enclosed and served upon you please find a true and correct copy of the Petition for Special Relief which has been filed in the above-captioned matter, Also enclosed please find a true and correct copy of the Court Order dated October 20, 1995 regarding same, You should take these papers to your attorney immediately because you must respond to the Rule by October 27, 1995. As you will note below, I am providing Mr, stevens with a courtesy copy of the Petition and Order. Very truly yours, HANFT & VOHS Michael J, Hanft MJHlksb Enclosures cc: ~vid S, Fettrow, Jr, (with enclosures) v'John stevens, Family Law Clinic (with enclosures) EXIIIBIT A ""1111 ,.""..,. 1I1""111! . . ANNE1TB M. I'nrlKOW. Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY DAVID S, FEITROW.IR, Defendant NO, 95-6039 CIVIL TERM CUSTODY AGREEMENT This aan:ement between ANNETI'E E, FEITROW ("mother") and DAVID S, FEITROW, IR., ("father") concerns the custody of the children: DAVID S. FETIROW, III (O,O,B. 8/10/93) and MARY B. FElTROW (0.0,8, 9/29194), 1. The parties shall share legal custody of the children, The mother shall have primary physical custody of the children, 2, Beginning November 3, 1995, father shall have custody of the children every other weekend from 5:00 p,m, on Friday until 5:00 p,m, on Sunday, 3. Beglnnlnl November 8, 1995, father shall have custody of the children every Wednesday from 5:00 p.m, until 8:00 p,m, 4. Mother shall have custody of the children at all other times that the parties have not aareed upon. 5. The father shall exercise his right to partial physical custody at timCl mutually aareeable to both panics, 6, Neither party will do anything which may estrange the children from the other parent, or Injure the opinions of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. EXIIIIIIT II 7, Thc partics hcreto intend to be legally bound by the tenns of this qreement, AN1IIhl"lh E, FE'ITROW Mothcr DAVID S.l'bnKOW, JR, Father IOHN C, STEVENS Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carllslc, PI. 17013 MICHAEL J, HANFr, ESQ. HANFI' " VOHS Attorneys at Law 11 W, Pomfret Street, Suite 2 Carlisle, PI. 17013 EXHIBIT B DAVID S. PBTIROW, IR., PIaIndfflPetldoner v. IN THB COURT OP COMMON PLEAS OP CUMOBRLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW IN CUSTODY ANNB'ITB M. PlrrrROW, DefendantlRapondonI NO. 95-6033 CIVIL TERM C....T1ftCATE t)F SERVICE I, lohn C. Slevenl, Certified Lcaal Inlern, Family Law Clinic, hereby certify that I am 1IrY1", I tnIe and COITIlCI copy or DefendantlReapondenl'1 ReIponIe to Plaindff/Pelllioner'1 Peddon for SplClal Reller on Michlel'. Hanft, It II Weat Pomfret Street, Carliale, Cumberland County, Pennlylvanll, by Unlled Stllel Mall, pol...e pre-paid, thil 27th day of October, 1995, //) A;~ J N C, STBV~ Certified Lcaallnlem. mB FAMILY LAW CLINIC 45 North Pitt Street Carlllt., PA 17013 (717) 243.2968