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HomeMy WebLinkAbout03-1062Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) SHANA ANN SIGNOR, Plaintiff VS. TRAVIS GEORGE BITTING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 03 - COMPLAINT/PETITION FOR CUSTODY ORDER TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Plaintiff is SHANA ANN SIGNOR, an adult individual who currently resides at 1862 Hunter Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is TRAVIS GEORGE BITTING, an adult individual with a last known address of 201 South Sixteenth Street, Camp Hill, Cumberland County, Pennsylvania, 17011, including a registered address for PennDOT records. 3. Plaintiff seeks the entry of a custody order involving the minor child, ALAYNA ELIZABETH MARIE SIGNOR, D.O.B. February 15, 2002. 4. The parties were never married and have never resided together. 5. During the past year, the child has resided with Plaintiff at 1862 Hunter Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania. 6. The natural mother of the child is Plaintiff who resides with her parents, the child subject to the instant custody proceeding and Plaintiff's nephew. 7. The natural father of the child is the Defendant with a last known address of 201S. 16th Street, Camp Hill, Pennsylvania. 8. No present custody order exists and Plaintiff has no knowledge of any other litigation concerning custody of the child in this or another court and Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 9. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. No significant or meaningful contact has occurred between the child and Defendant father within the past 6 months, and Defendant father has repeatedly and regularly failed to provide for the support and care of the child which is the subject of these proceedings. 11. Defendant has repeatedly moved between Pennsylvania and West Virginia or Virginia is unable to provide a stable environment and reasonable care of the minor child. 12. Plaintiff has maintained primary physical and legal custody of the child since the child's date of birth. 13. An Order of Court is necessary to grant Mother f'ull physical and legal custody of the minor child for the following 2 reasons: a. Defendant father has shown no interest in the minor child and Defendant father has not seen the child for a period in excess of 6 months; and b. Defendant father has failed to support and care for the child for a period of 6 months; c. Defendant father is unable to provide the child with an appropriate environment to allow the child to live and develop in a reasonable and safe location. 14. The best interests and permanent welfare of the child will be served by entering an Order of Court granting Plaintiff mother full legal and physical custody of her minor daughter, subject to the Defendant father's engagement in drug and alcohol counseling, parenting skill classes and his assumption of a substantial period of supervised physical custody upon receipt of satisfactory drug and alcohol counselling and parenting skill classes. 15. Plaintiff is a fit parent who can take care of 'the child and who can provide the minor child with a supportive, safe and healthy environment. 16. Defendant's conduct and behavior is not in the best interest of the children in that: (i) Defendant has demonstrated a course of conduct wherein he expresses no care, concern or support for the minor child since the child's birth; and (ii) Defendant has a history of drug and alcohol abuse. 17. Plaintiff is capable of insuring a supportive and loving environment for the child, a home with appropriate lodging and insuring that the child is properly cared for, including making arrangements for day care when she is working. 18. Plaintiff believes that a bench warrant may exist for the Defendant as a result of his failing to appear for a parole review for certain criminal acts of the defendant which occurred in 2001. WHEREFORE, SHANA ANN SIGNOR· Plaintiff herein, respectfully requests that your Honorable Court enter a Custody Order which grants Plaintiff full legal and physical custody of the minor child, pending Defendant father's successful completion of appropriate parent skill tests and drug and alcohol counseling and the Defendant's securing appropriate living accommodations. Date: March /0 2003 · Respectfully submitted· Attorney for Plaintiff Pa. I.D. No. 62469 127 S. Market Street· P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 VERIFICATION I verify that the statements made in this Complaint for Custody 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: March IO, 2003 SHANA ANN SIGNOR' PLAINTIFF Vo TRAVIS GEORGE BITHNG DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1062 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 13, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, April 09, 2003 at 1:00 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/ Dawn S. Sunday, 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 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 1 '7013 Telephone (717) 249-3166 SHANA ANN SIGNOR, Plaintiff VS. TRAVIS GEORGE BITTING Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1062 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this I~~r~ day of ~ , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Shana Ann Signor, shall have primary physical and sole legal custody of Alayna Elizabeth Marie Signor, bom February 15, 2002. 2. The Father, Travis George Bitting, may have supervised visitation with the Child at the Mother's residence with the specific times and dates to be arranged by agreement between the parties. 3. The Father may file a petition for the scheduling of an additional conciliation conference in the event he desires a review of the custody arrangements. Jo cc:~drew C. Sheely, Esquire - Counsel for Mother t~ravis G. Bitting, Father SHANA ANN SIGNOR, Plaintiff VS. TRAVIS GEORGE BITTING Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1062 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: follows: NAME The pertinent information concerning the Child who is the subject of this litigation is as Alayna Elizabeth Marie Signor DATE OF BIRTH February 15, 2002 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held on April 9, 2003, with the following individuals in attendance: The Mother, Shana Ann Signor, with her counsel, Andrew C. Sheely, Esquire. The Father, Travis George Bitting did not attend the conference or contact the conciliator. 3. It should be noted that three separate bench warrants relating to various criminal charges were issued against the Father in Cumberland County on September 24, 2002, and are still outstanding. The Mother advised that the Father has had no contact with either her or the Child since Easter 2002. According to the Mother, the Child has lived with her at the maternal Grandparent's residence since the Child's birth approximately 14 months ago. The Mother filed this petition requesting an Order granting her primary physical and sole legal custody. 4. In light of the fact that the Father did not attend the conference or contact the conciliator, and based upon representations made by the Mother at the conference, the conciliator recommends an Order in the form as attached. Date Custody Conciliator