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HomeMy WebLinkAbout01-04930CHRISTINE M. RUNNEL AND TRAVIS L. IN THE COURT OF COMMON PLEAS OF MELLOTT PLAINTIFF _ CUMBERLAND COUNTY, PENNSYLVANIA V. CORIE ANN FITHIAN, A NIINOR AND HER PARENTS, STEVEN AND DEBRA FITHIAN 01-4930 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, August 31, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland Couuty Courthouse, Carlisle on Friday, October O5, 2001 at 8:30 a.m. for aPre-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/ Hubert X. Gilroy!, Eso~ 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 oihearing. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717)249-3166 ;i ,,,~r ~rlmrJ /D-~i- 6 0 ~,;, ._ ~..~, ,. ;~> u. CHRISTINE M. RUNNEL and IN THE COURT OF COMMON PLEAS OF TRAVIS L. MELLOTT, Petitioners :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW ~ 4930-OI CIVIL TERM CORIE ANN FITHIAN, a Minor and her parents, STEVEN FITHIAN and DEBRA FITHIAN, IN CUSTODY Respondents ORDER OF COURT AND NOW, this day of August 2001, upon consideration of the attached Petition for Emergency Relief, it is hereby Ordered as follows: The Respondent, Corie Ann Fithian, a minor and her parents, Steven Fithian and Debra Fithian, immediately provide temporary physical custody of the minor child, Izaia~ Andrew Fithian, to Petitioners, Christine M. Hummel and Travis L. Mellott, until further Order of Court on alternate weeks beginning September 3, 2001. A hearing is set for .2001, at ~.m. in Courtroom # in the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court: Judge cc: Marcus A. McKnight, III, Esq. Attorney For Petitioner Corie Ann Fithian Steven Fithian Debra Fithian 1 CHRISTINE M. HUMMEL and TRAVIS L. MELLOTT, Petitioners v. CORIE ANN FITHIAN, a Minor and her parents, STEVEN FITHIAN and DEBRA FITHIAN, Respondents IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 4930-01 CIVIL TERM IN CUSTODY PETITION FOR SPECIAL EMERGENCY RELIEF AND NOW, this 20th day of August 2001, come the Petitioners, Christine M. Hummel and Travis L. Mellott, by their attorneys, Irwin, McKnight & Hughes, and makes the following Petition for Emergency Relief against the Respondents, Corie Ann Fithian, a Minor and her parents, Steven Fithian and Debra Fithian: 1. The Petitioner, Christine M. Hummel, is an adult individual and grandmother of Corie Ann Fithian. She resides at 21 Pine Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Petitioner, Travis L. Mellott, is an adult individual and father of Corie Ann Fithian. He resides at 21 Pine Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Respondent, Corie Ann Fithian, is a minor who resides with her pazents, Steven Fithian and her stepmother, Debra Fithian, at 208 Welsford Road, Fairless Hills, Pennsylvania 19030. 2 4. The Petitioner, Travis L. Mellott and Respondent, Corie L. Mellott, are the natural parents of one child, namely, Izaiah Andrew Fithian, born April 14, 2001, age four (4) months. 5. Petitioners are seeking joint legal and physical custody of Izaiah Andrew Fithian having filed a Petition for Custody on August 21, 2001 and docketed at 4930-O1 in the Court of Common Pleas of Cumberland County, Pennsylvania. 6. Petitioners are seeking shared physical custody of Izaiah Andrew Fithian with Petitioners and Respondent having physical custody on a week on/week offbasis. 7. The minor child, Izaiah Andrew Fithian, has resided with the following since his birth on April 14, 2001. a. With both parents from April 14, 2001 to June 3, 2001 where mother resided at 207 Plaza Drive, Boiling Springs, PA 17007 b. With the Petitioners and mother from June 4, 2001, to June 28, 2001, at 21 Pine Street, Carlisle, PA 17013. c. With the mother from June 29, 2001 to July 14, 2001 at 207 Plaza Drive, Boiling Springs, PA 17007 with regular custody to Petitioners d. With the Petitioners and mother from July 14, 2001, to July 17, 2001, at 21 Pine Street, Carlisle, PA 17013. e. With mother and grandfather from July 18, 2001 to the present at 208 Welsford Road, Fairless Hills, PA 19030. 3 8. The Respondents have taken custody of the child on July 17, 2001, and have not provided any visitation or periods of custody with Petitioners. They have refused all requests for custody with the minor child. WHEREFORE, petitioner respectfully requests that this Honorable Court enter an Order against the respondents requiring them to immediately provide custody to Petitioners as requested above. Respectfully submitted, IRWIN, McKNIGHT & HUGHES ~~~~~ By: Marcus A. cKnight, III, Atto for Petition 60 West Pomfret Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court LD. No: 25476 Date: August 20, 2001 ~4 ~ ~zd 8'-~~ri ~ 2:2Rp.M 0.rcva ~,~ L . d Sp 4 VERIFICATION The foregoing Petition for Special Relief is based upon information which has been gathered by counsel and us in the preparafion of this action. We have read the statements made in this document and they are true and correct to the best of our lrnowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. STINE M. RUNNEL TRAVIS L. MELLOTT Date: August 20, 2001 c> .. m ~ r~~ > -- 1 A ~ N /\~ ~ . ~} 1 ~~ (~ -K p ~ N ` M J -~,;:1.~ CHRISTINE M. HUMMEL AND TRAVIS L. 1N THE COURT OF COMMON PLEAS OF MELLOTT PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANLA v. . CORIE ANN FITHIAN, A MINOR AND HER PARENTS, STEVEN AND DEBRA FITHIAN 01-4930 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, August 31, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October O5, 2001 at g:30 a.m. for aPre-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/ Hubert X. -Gilroy!, 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. )F 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717)249-3166 ~ __~ _ _ a ,~~ __ ~ r ~~ - - _ _- CHRISTINE M. HUMMEL and TRAVIS L. MELLOTT, Petitioners v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CIVIL TERM CORIE ANN FTTHIAN, a Minor and her parents, STEVEN FITHIAN Q~ ys~ and DEBRA FTTHIAN, IN CUSTODY Respondents ORDER OF COURT AND NOW, this day of 2001, in wnsiderafion of the attached petition, it is hereby directed that the parties and their respective counsel appear before . Esquire, the conciliator, at on the _ day of .2001 at _.m. for a Pre-hearing Custody Conference. At such conference, 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 this conference may provide grounds for entry of a temporary or permanent order. By the Court, Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. )F 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. Court Administrator Ctiunberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 AMERICANS WITH DISABILTTIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. CHRISTINE M. HUMMEL and IN THE COURT OF COMMON PLEAS OF TRAVIS L. MELLOTT, Petitioners :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW CIVIL TERM CORIE ANN FITHIAN, a Minor and her parents, STEVEN FITHIAN a ~` ~q~ ~ w( and DEBRA FITHIAN, IN CUSTODY Respondents PETTTION FOR CUSTODY AND NOW come the Petitioners, Christine M. Hummel and Travis L. Mellott, by their attorneys, Irwin, McKnight & Hughes, and presents the following Petition for Custody. 1. The Petitioner, Christine M. Hummel, is an adult individual and grandmother of Corie Ann Fithian. She resides at 21 Pine Street, Carlisle, Ctiunberland County, Pennsylvania 17013. 2. The Petitioner, Travis L. Mellott, is an adult individual and father of Corie Ann Fithian. He resides at 21 Pine Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Respondent, Corie Ann Fithian, is a minor who resides with her parents, Steven Fithian and Debra Fithian, at 208 Welsford Road, Fairless Hills, Pennsylvania 19030. 4. The Petitioner, Travis L. Mellott and Respondent, Corie L. Mellott, are the natural parents of one child, namely, Izaiah Andrew Fithian, born April 14, 2001, age four (4) months. 5. Petitioners are seeking joint legal custody of Izaiah Andrew Fithian. 6. Petitioners are seeking shared physical custody of Izaiah Andrew Fithian with Petitioners and Respondent having physical custody on a week on/week off basis. 7. The best interest of the child requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioners respectfully seek the entry of an Order of Court seeking shared physical custody of the child and joint legal custody. Respectfully submitted, IRWIN, sy: Marcus A. McKnight, I~s~ Attorney for Petitioner '~" 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: August 20, 2001 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and us in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our lrnowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ISTINE M. HUMMEL -~/ TRAVIS L. MELLOTT Date: August 20, 2001 t \ ~ j \ ~ _ ~ - c~ ~ v ~~ ,~ ~~ ~~ . ~~,. C7 ~' ~"~ - C- ...._ . r'i _ `: t. --y i ~.i .~~ "~ l_~_, _. .. i ~.j _~ K : _7 ~.7 - ^: NICHOLAS A. CLEMENTE, P.C. BY: MICHP.EL F. BRADLEY, ESQUIRE ATTORNEY I.D. NO. 77283 123 SOUTH BROAD STREET SUITE 1970 PHILADELPHIA, PA 19109 (215) 790-4000 CHRISTINE M. HUMMEL TRAVIS L. MELLOTT v. CORIE ANN FITHIAN, MINOR STEVEN FITHIAN DEBRA FITHIAN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01-4930 CIVIL ACTION LAW IN CUSTODY RULE TO SHOW CAVSE AND NOW, this day of 2001, upon consideration of the within Petition and Motion of Michael F. Bradley, Esquire, of the Law Offices of Nicholas A. Clemente, P.C., attorney for Petitioners, Corie Ann Fithian, Steven Fithian and Debra Fithian, a Rule is hereby entered upon the Respondents, Christine M. Hummel and Travis L. Mellott, to show cause why the attached Petition should not be granted. RULE RETURNABLE the day of 2001 at m. in Courtroom Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. NICHOLAS A. CLEMENTE, P.C. BY: MICHAEL F. BRADLEY, ESQUIRE ATTORNEY I.D. NO. 77283 123 SOUTH BROAD STREET SUITE 1970 PHILADELPHIA, PA 19109 (215) 790-4000 CHRISTINE M. HUMMEL COURT OF COMMON PLEAS TRAVIS L. MELLOTT OF CUMBERLAND COUNTY PENNSYLVANIA v. NO. 01-4930 CORIE ANN FITHIAN, MINOR STEVEN FITHIAN CIVIL ACTION LAW DEBRA FITHIAN IN CUSTODY ORDER AND NOW, this day of ,2001, upon consideration of defendant's Preliminary Objections asserting improper venue, it is hereby ORDERED that defendant's Preliminary Objections are sustained. It is further ORDERED that this action shall be transferred to the Court of Common Pleas of Bucks County. The Prothonotary of this Court is directed to forward to the Prothonotary of Bucks County certified copies of the docket entries, process, pleadings, depositions and other papers filed in this action. The plaintiff shall pay to the Prothonotary of this Court all applicable costs and fees for the transfer and removal of the record to Bucks County. BY THE COURT: NICHOLAS A. CLEMSNTE, P.C. BY: MICHAEL F. BRADLEY, ESQUIRE ATTORNEY I.D. NO. 77283 123 SOUTH BROAD STREET SUITE 1970 PHILADELPHIA, PA 19109 (215) 790-4000 CHRISTINE M. HUMMEL TRAVIS L. MELLOTT v. CORIE ANN FITHIAN, MINOR STEVEN FITHIAN DEBRA FITHIAN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01-4930 CIVIL ACTION LAW IN CUSTODY PRELIMINARY OBJECTIONS TO PLAINTIFF'S CUSTODY COMPLAINT Petitioners, Corie Ann Fithian, Steven Fithian and Debra Fithian, by their attorney, Michael F. Bradley, Esquire, of the Law Offices of Nicholas A. Clemente, P.C. file the following Preliminary Objections to Respondent's Complaint raising improper venue under Pennsylvania Rule of Civil Procedure 1028 and 1915.2 and in support thereof avers the following: 1. Petitioners are Corie-Ann Fithian, a minor, Steven Fithian and Debra Fithian who reside at 208 Welsford Road, Fairless Hills, Bucks County, PA 19030. 2. Respondents are Christine M. Hummel and Travis Mellott who reside at 21 Pine Street, Carlisle, Cumberland County, PA 17013. 3. Respondents filed the instant Complaint in Custody, in the County of Cumberland, Pennsylvania. Respondents were never served with a copy of the Complaint in Custody, only the Order of Court Scheduling a Conference for October 5, 2001. Therefore a copy can not be attached. 4. The child in question is Izaiah Fithian, date of birth April 14, 2001, who resides with Petitioners in Bucks County. 5. Respondents allege that Cumberland County is the proper venue. 6. Respondents have has failed to allege that the parties entered into a written Agreement allowing the Custody Action to proceed in Cumberland County. 7. Respondents have failed to allege that the child's domicile is in Cumberland County. 8. Petitioners have initiated Custody proceedings in the County of Bucks. A copy of the Complaint for Custody is attached and hereto incorporated as Exhibit "A". 9. The Mother of the child, Corie-Ann Fithian is a minor who resides with her Father and Step-Mother in Bucks County. 10. Father Steven Fithian has primary Physical custody of his daughter via a Court Order from Bucks County, Pennsylvania. 11. For the short period of time that Corie-Ann Fithian resided in Cumberland County, Steven Fithian maintained custody. 12. The child in question resided in Cumberland County from birth until July 2001. 13. The child has resided in Bucks County from July 2001 until the present. 14. The intent of the Petitioners is for the child and mother to continue to reside in Bucks County. 15. Rule 1028 of the Pennsylvania Rules of Civil Procedure allow any party to file preliminary objections for the following grounds: "lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue. ." 16. Petitioners have standing to file Preliminary Objections since they are contesting the venue used by Respondents. 17. Rule 1915.2 of the Pennsylvania Rules of Civil Procedure provides in part that a custody action may be brought in the county (1)(i) which is the home county of the child at the time of commencement of the proceedings, or (ii) which has been the child°s home county within six months before commencement of the proceeding and the child is absent from the county because of the child's removal or retention by a person claiming the child's custody or for other reasons and a parent or person acting as a parent continues to live in the county; or (2) in which it is in the best interest of the child that the court decide the matter because the child and the child's parents, or the child and at least one party, have a significant connection with the county and there is available within the county substantial evidence concerning the child's presence or future care, protection, training and personal relationships 18. Bucks County is the home county of the child in question. 19. Bucks County has been the home county within six months of the commencement of the action. 20. It is in the best interest of the child for Bucks County to decide the matter since the child has a significant connection with the county. Petitioner respectfully requests that its Preliminary Objections be sustained and this action transferred to Bucks County, Pennsylvania pursuant to Pa.R.C.P. 1915.2(d). Respectfu~ll~v submitted, P.C. r+xcnael r'. aaley, r~squire Attorney fo Corie-Ann Fithian, Steven Fithian and Debra Fithian Date: ~~ `~ Michael F. Bradley, Esquire verifies that he is the attorney for the Petitioners and duly authorized to make this verification on their behalf and that the facts of the foregoing Petitioner's Preliminary Objections are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to tCCCh~~~""e penalties of 18 Pa. C.S. Section 4904 relating to unsworn ~ a~sification to authorities. ~ nn Ilnll ~~\I' Date: ` 1~ U 9 Michael F. Bradley, Esquire Attorney for Corie-Ann Fithian, Steven Fithian and Debra Fithian NICHOLAS A. CLEMENTE, P.C. BY: Michael F. Bradley, Esquire Attorney I.D. No. 77283 123 South Broad Street Suite 1970 Philadelphia, PA 19109 Phone: (215) 790-4000 STEVEN FITHIAN - FATHER 208 WELSFORD ROAD _ FAIRLESS HILLS, PA 19030 On behalf of CORIE-ANN FITHIAN - MOTHER A Minor 208 WELSFORD ROAD _ FAIRLESS HILLS, PA 1903.0 v. TRAVIS MELLOTT - FATHER 21 PINE STREET. CARLISLE, PA 1'7013 Attorney for Plaintiffs Steven Fithian and Corie-Ann Fithian COURT OF COMMON PLEAS OF BUCKS COUNTY ._ FAMILY COURT DIV-ISION NO. A06- Attorney I.D. ATO. 77283 COMPLAINT FOR__CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Complaint of STEVEN FITHIAN on behalf of CORIE-ANN FITHIAN, a minor, by and through their attorney, Michael-F.. Bradley, Esquire of the Law Offices of Nicholas A. Clemente, represents that: 1. The Plaintiff, Steven Fithian, is an adult individual and Plaintiff Corie-Ann, a minor, both reside at 208 Welsford Road, Fairless Hills, PA 19030. 2. The Defendant, Travis Mellott, is an adult individual who currently resides at 21 Pine Street, Carlisle, PA 17013. 3. The parties are not married. 4. Plaintiffs seek joint legal and primary physical EXHIBIT ~_ custody of the following child: NAME ADDRESS DATE OF BIRTH AGE Tzaiah Fithian 208 Welsford Rd. 4/14/01 5 months Fairless Hi11s,,PA 19030 The child was not born during the marriage of the pefendant. The child is presently in the custody of Plaintiffs, Steven Fithian and Corie-Ann Fithian who resides at 2U8'°Welsford Road, Fairless Hills, PA 19030. 5. During the past five years, the child has resided with the following persons and at the following address: NAME ADDRESS DATES Mother, Maternal 207 Plaza Dr. birth to 7/01 Grandmother Boiling Springs, PA Mother, Maternal 208 Welsford Rd. 7/01 to present Grandfather, Stepmother Fairless Hills, PA 2 uncles, 4 aunts, Step grandfather The maternal grandfather of the child is Plaintiff, Steven Fithian who resides at 208 Welsford Road, Fairless Hi11s, PA 19030. He is married. The mother of the child is Plaintiff, Corie-Ann Fithian, who resides at 208 Welsford Road, Fairless Hills, PA 19030. She is not married. The father of the child is Defendant, Travis Mellott, who resides at 21 Pine Street, Carlisle, PA 17013. He is not married. 6. The relationship of Plaintiff to the child is that of maternal grandfather. The Plaintiff currently resides with the following persons: NAME Debra Haugstad Corie-Ann Fithian Robert Haugstad Felicia Fithian Jessica Saranzak Anthony Saranzak Steven Fithian Laura Fithian Izaiah Fithian wife daughter father-in-law daughter step-daughter step-son son daughter grandson 7. The relationship of Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: NAME ' Steven Haugstad Debra Haugstad Robert Haugstad Felicia Fithian Jessica Saranzak .Anthony Saranzak Steven Fithian Laura Fithian Izaiah Fithian father stepmother step grandfather sister step-sister step-brother brother sister son 8. The relationship of the Defendant to the child is that of natural father. The Defendant currently resides with the following persons: NAME RELATIONSHIP Seth Hummel Christine Hummel Keith Hummel brother mother step father 9. 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 another court. Plaintiff has no other information of any custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of any person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child would be served by granting Plaintiff joint legal and primary physical custody. Mother has been the primary caregiver since the child's birth. Mother and Grandfather reside in the same household and will both raise the child. Paternal Grandmother has repeatedly threatened to take the child out of the jurisdiction. It is in the child's best interest to grant custody to Maternal Grandfather and Mother. 11. Each parent whose parental rights to the child ,:.,has .not been terminated and the person who is believed to have..,phys.i,aa1 custody of the child has been named as parties to this action. i WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant joint legal and primary physical custody of the minor child to Petitioner, Steven Fithian and Corie-Ann Fithian without prejudice to the Defendant. Respectfully submitted, NICHOLAS A~ CLEMENTE, P.C. By : ,~~ .. Mi hael F. Bra ley, Esq 123 South Bro d Street Suite 1970 Philadelphia, PA 19109 (215) 790-4000 Attorney for Plaintiffs VERIFICATION I verify that the statements made in the foregoing Complaint for Custody is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. .-. "\ even Fithian -- Dated: ' 0 '~.~ ~ ~- ~r, Coterie-Ann Fithian `~~~ Dated: ~ ~~ NICHOLAS A. CLEMENTE, P.C. BY: MICHAEL F. BRADLEY, ESQUIRE ATTORNEY I.D. NO. 77283 123 SOUTH BROAD STREET SUITE 1970 PHILADELPHIA, PA 19109 (215) 790-4000 CHRISTINE M. RUNNEL TRAVIS L. MELLOTT v. CORIE ANN FITHIAN, MINOR STEVEN FITHIAN DEBRA FITHIAN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01-4930 CIVIL ACTION LAW IN CUSTODY MEMORANDUM IN SUPPORT OF PETITIONER'S PRELIMINARY OBJECTIONS The Complaint of Christine Rummell and Travis Mellott (hereinafter Plaintiffs) against Corie Ann Fithian, a minor and Steven Fithian and Debra Fithian, parents (hereafter Defendants) has been filed in the wrong county. Proper venue is in Bucks County. Preliminary Objections are allowed under Pennsylvania Rule of Civil Procedure 1028 which state in relevant part that any party can file preliminary objections if any party disputes the following: "lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue. . Petitioners are claiming that Cumberland County is not the proper venue. As stated, the rule regarding venue in a custody matter is as follows: a custody matter can be filed in the county in (1)(i) which is the home county of the child at the time of commencement of the proceedings, or (ii) which has been the child's home county within six months before commencement of the proceeding and the child is absent from the county because of the child's removal or retention by a person claiming the child's custody or for other reasons and a parent or person acting as a parent continues to live in the county; or (2) in which it is in the best interest of the child that the court decide the matter because the child and the child's parents, or the child and at least one party, have a significant connection with the county and there is available within the county substantial evidence concerning the child's presence or future care, protection, training and personal relationships Pa.R.C.P. 1915.2 The Plaintiff alleged in their Complaint that the proper venue for this action is Cumberland County. This is in error. The home county is Bucks County. The child in question, Izaiah, and her mother, a fifteen-year old (15) minor, reside with her father Steven Fithian in Bucks County. The child's primary care physician is in Bucks County. The mother's siblings all reside in Bucks County. Mother attends high school in Bucks County. Father has primary physical custody of Mother through a Court Order from Bucks County. The mother did spend a period of time in Cumberland County but she never established residence there. The fact that conception occurred in Cumberland County is not enough to allow venue to be in Cumberland County. At all times primary physical custody was with maternal grandfather in Bucks County. Since the child has not reached six months in age to this point, 1915.2(a)(1)(ii) does not apply. However, the child is not absent from the proper county. The Mother is in the custody of her father in Bucks Count and that never changed. Further, it is in the best interest for this matter to be held in Bucks County since that is where the child resides and where the child will continue to reside. As previously stated, all of the major aspects of the child's life are in Bucks County. Finally, a Complaint in Custody in Bucks County has already been initiated. For these reasons, Petitioners are requesting that the Cumberland County matter be ~rer/~e t Bucks County according to Pa.R.C.P. 1915.2(d). ~ I~ n Michael F. Bradley, Esqu Attorney for Petitioners NICHOLAS A. CLEMENTE, P.C. BY: MICHAEL F. BRADLEY, ESQUIRE ATTORNEY I.D. NO. 77283 123 SOUTH BROAD STREET SUITE 1970 PHILADELPHIA, PA 19109 (215) 790-4000 CHRISTINE M. HUMMEL COURT OF COMMON PLEAS TRAVIS L. MELLOTT OF CUMBERLAND COUNTY PENNSYLVANIA v. NO. 01-4930 CORIE ANN FITHIAN, MINOR STEVEN FITHIAN CIVIL ACTION LAW DEBRA FITHIAN IN CUSTODY CERTIFICATE OF SERVICE I certify that a true and correct copy of Petitioner's Preliminary Objections have been served upon the following individuals by first class mail, postage prepaid, this 18"' day of September 2001, addressed as follows Irwin, McKnight & Hughes West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 Attorney for Respondent Attorney for Petitioners - ... -.,a _YT it-T1 -7 r _, i ' _ _ } V PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE P(tOTHONOTARY OF CUMBERLAND COUNTY; Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must ~ stated in full.) CHRISTINE M. HUMMEL TRAVIS L. MELLOTT vs. CORIE ANN FITHIAN, MINOR STEVEN FITHIAN DEBRA FITHAAN (Plaintiff) (Defendant) ~ 91-4930 Civil 19 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's dernirrer to complaint, etc.): Defendent's preliminary objections to Plaintiff's custody complaint 2. Identify counsel who will argue case: (a) for plaintiff: Irwin, McKnight, & Hughes ~~s' 60 West Pomfret Street Carlisle, PA 17013-3222 (b) for defendant: Michael F. Bradley Address' 123 South Broad Street Suite 1970 Philadelphia,. PA 19109 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. At'guoent Court Date: Dated: ~~~~ ~;;,,. ~~ ~ . :=' -- ;'7 _ d.h e ., ~O ~`1 , '^:: >:>..> .:: c.,n..~a ;~'~x3wY:Gfn".3tr 'F r~ax:s~s.9~R~ftfi~ ~~., DEC 2 0 2001.~~'~ CHRISTINE M. HUMMEL and IN THE COURT OF COMMON PLEAS OF TRAVIS L. MELLOTT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v CIVIL ACTION -LAW STEVEN FITHIAN and NO.01 - 4930 CIVIL DEBRA FITHIAN, Defendants IN CUSTODY COURT ORDER r~ AND NOW, this ~ day of December, 2001, the conciliator being advised that the parties have between themselves reached an agreement concerning custody, the conciliator relinquishes jurisdiction. BY THE COURT, ~G" ` Hubert X. Gilroy, Esqui e Custody Conciliator l ai~nr~.sn~~~a ur,no f nG«~~~~!~nr~n~ . afi,'~€+u'~s,:2r*c" ~rr,'~ws~-x,^Ti~r~w~R~.....