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HomeMy WebLinkAbout01-05503HAROLD S. IRWIN, 111, ESO!UIRE ATTORNEY ID N0.29920 64 SOUTH PITT STREET CARLISLE PA 17015 (717) 249-6090 ATTORNEY FOR PETITIONER DONALD O. FITTING, plalntlff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ANGILA M. IRWIN, fonneHy ANGILA M. FITTING, pefen/lant CIVIL ACTION -LAW NO. 01 -5505 CIVIL TERM :CUSTODY PRE-TRIAL MEMORANDUM OF ANGILA M. IRWIN HISTORY OF CASE: This case involves two minor children, Joanna Marie Rodriguez (born December 8, 1990, now age 13) and Genesis Anne Fitting (born December 29, 1995, now age seven). The plaintiff (respondent in this proceeding) is not Joanna's father. Her father's parental rights were terminated in 1994, by order of the Fresno County, California court. Mr, Fitting, however, is the father of Gehesis Anne Fitting, who was born after the marriage of the parties. When the parties separated in March, 2001, Angila did not have a permanent place or live or work. Because of that, she felt it was in the best interests of the children to live primarily with their father at that time. Her position today is that at that time, Mr. Fitting agreed that once she got on her feet, her daughters would come to live primarily with her. Although Angila has had regular and substantial contact with both of the girls since that time, has become married and feels that she is ready to assume primary physical custody, now Mr. Fitting, who remains single, will not agree to that change. This situation has led to the filing of the instant petition by the mother, Angila M. Irwin. One of the foundations of the petitioner's position is that the respondent's work schedule prevents him from taking proper care of the children. He works at night. Instead of having the children live with Angila where she can take care of them, Mr. Fitting is requiring Joanna, who is not even his daughter, to stay at home alone from 10:30 at night until she puts herself on the bus for school in the morning. Genesis is carted off to a babysitter every night and picked up again in the morning after work. r Angila adamantly objects to the nonsense of having Joanna stay at home alone at night and sending Genesis to a babysitter when the children could be living with her. She feels Joanna's attendance and grades at school are suffering, it is unsafe and unhealthy for her to be alone at night. At the same time, Genesis is exhibiting behavioral problems that may be associated with all of the confusion of spending all of her nights at a babysitters and jumping back and forth between her father, her mother, the sitter and school. The petitioner is open to both children spending frequent time with Mr. Fitting. But the time spent at his residence needs to be when he is not working. She has remarried, can provide a stable and happy homelife and believes it is important for these young girls to be with their mother on an extensive and regular basis. II. ISSUE: 1. Do the best interests and permanent welfare of these children require that primary physical custody be with their mother, Angila M. Irwin? III. PETITIONER'S POSITION ON THE ISSUES: The petitioner understands that because of the longstanding relationship between her daughter, Joanna, and the respondent, he does have standing to have continued, regular contact with Joanna, even though he is not her father. However, petitioner insists that it is she who should have sole legal custody of Joanna, as well as primary physical custody. She also believes that while the parties should share -egal custody of Genesis, she should have primary physical custody. One of the foundations of the petitioner's position is that the respondent's work schedule prevents him from taking proper care of the children. He works at night. Instead of having the children live with Angila where she can take care of them, Mr. Fitting is requiring Joanna, who is not even his daughter, to stay at home alone from 10:30 at night until she puts herself on the bus for school in the moming. Genesis is carted off to a babysitter every night and picked up again in the moming after work. Angila adamantly objects to the nonsense of having Joanna stay at home alone at night and sending Genesis to a babysitter when the children could be living with her. She feels Joanna's attendance and grades at school are suffering, it is unsafe and unhealthy for her to be alone at night. At the same time, Genesis is exhibiting behavioral problems that may be associated with all of the confusion of spending all of her nights at a babysitters and jumping back and forth befinreen her father, her mother, the sitter and school. The petitioner is open to both children spending frequent time with Mr. Fitting. But the time spent at his residence needs to be when he is not working. She has remarried, can provide a stable and happy homelife and believes it is important for these young girls to be with their mother on an extensive and regular basis. IV. PETITIONER'S WITNESSES: A. Petitioner will testify regarding the averments of her petition as well as to her position on the issues and the reason for her position. B. Gay L. Irwin (petitioner's mother-in-law ), will testify as to her personal knowledge of Angila's currernt situation, her observation of Angila's care and treatment of the children while in her care, her observation of the relationship of the children to Angila's husband and related matters. V. EFFORTS TO RESOLVE CASE: Efforts have been made to try to reach a resolution of this case. Unfortunately, even acknowledging his work situation and the effect of that on the care of the children, the respondent continues to refuse to agree to any arrangement which provides primary physical custody to the petitioner. Submitted, February 19, 2004 Harold S. Inr Attorney for Supreme Court 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 DONALD G. FITTING JR., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-5503 CIVIL TERM CIVIL ACTION -LAW ANGILA M. FITTING, Defendant IN CUSTODY MEMORANDUM IN SUPPORT OF PETITIONER I. Factual Background/Name and Age of Child The parties are Donald G. Fitting Jr., Plaintiff (hereinafter referred to as Father) and Angila M. Fitting (Irwin) Defendant (hereinafter referred to as Mother). The minor children are Joanna Marie Rodriguez, born December 9, 1990, and Genesis Anne Fitting, born December 29,1996. 2. On December 18, 2003, a Conciliation Conference was conducted whereby the Mother had Counsel, Harold S. Irwin, III, Esquire and the Father appeared without Counsel. At the conclusion of that Conciliation Conference, an Order was issued dated 29 December, 2003 (see attached and marked as Plaintiff s Exhibit "A") 3. The previous Court Order had been entered on 26 September, 2001 whereby Father was awarded Primary Physical Custody subject to visitation periods by the Mother. 4. Mother had minimal contact with the children from the entry of the September 26, 2001 Order of Court until her most recent marriage which occurred on July 12, 2003 whereby she began seeing the children on a more regular basis. 5. Father purchased a home in York County whereby the children are enrolled in a York County School District and both children desire to remain in those school districts. 6. Mother is now seeking Primary Physical Custody of both childrai while Father continues to suggest that the best interest of the children would be served if he continued to have Primary Physical Custody. WHEREFORE. the matter now comes before this Honorable Court for a determination of whether the existing Orders of Court should be reversed and Primarv Phvsical Custody should be changed from Father to Mother? II. Names of Factual Witnesses: Plaintiff- As natural Father, Donald G. Fitting, Jr., will testify that he can adequately Gaze and has continuously Gazed for the children over the past 3 years and that the children are better suited to remain in his Primary Physical Custody; 2. Maternal Grandmother, Ms. Kathy Morikawa-will testify that she agrees with father that Primary Physical Custody should remain with him anddue to a variety of reasons not yet know to Counsel, she feels that her own daughter should not be the Primary Physical Caretaker at this time; 3. Thirteen year old child who is one of the children concerned, Ms. Joanna Marie Rodriguez will testify as to her preference for custody and the various living arraignments now in place among the parties. Joanna strongly asserts that it is in her best interest to remain with the Father at this time. III. Length of Trial Approximately one half day. 1 '~ SAN k. V - - ~ ' .. \ IV. Issues for Resolution A. Whether Primary Physical Custody should be switched from the present arrangement in that Mother should now receive Primary Physical Custody rather than Father? B. Whether Mother should be allowed to have expanded weeks during the summer/ school break? C. Whether the Mother should be allowed, in the future, to take the children out of the Commonwealth of Pennsylvania's Jurisdiction over both the children and the Father's objections? submitted, Date: Paul Bradford Orr Attorney for Plaintiff Supreme Court ID# 71786 50 East High Street Carlisle, PA 17013 (717) 258-8558 phone (717) 258-5289 fax LAV~i OIFFICI~S.OFPALYL Bd~'AL)'FORD ORR 3 DONALD G. FITTING, Plaintiff ANGILA M. IRWIN, Defendant ' 4 1 ~E~ 3 20~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v N0.2001- 5503 CIVIL IN CUSTODY COURT ORDER AND NOW, this day of December, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in ,Courtroom No. of the Cu Berland County courthouse on the ~O~j day of '~ ~ 2, 2004, at 13 ~ A .M. at which time testimony will be taken in this case. At this hearing, the Mother, Angila Irwin, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, a summary of each party's position on those issues, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (S~ days prior to the mentioned hearing date. 2. 3. Pending further order of this court, this court's Order of September 26, 2001 shall remain in effect subject to the following modifications: A. Mother's periods of temporary physical custody with the minor children shall be a minimum of 3 out of 4 weekends, with the schedule to be arranged between the parties. 13. The Christmas holiday shall be handled with Mother having custody of the children from Christmas Eve at Noon until Christmas Day at Noon. Father shall have custody from Christmas Day at Noon until December 29~' pursuant to a schedule agreed upon by the parties whereby the children will then be with Mother for the remainder of the Christmas break. The parties are. encouraged to work between themselves in an effort to accommodate each other's work schedule in order to maximize each parent's ability to see the children. PILAy'®gig 1®'~T'i EXHI®'~ N i\ ;;~ f ;- 4. In the event the parties feel another custody conciliation conference would be productive prior to the scheduled hearing date, either party's attorney may contact the conciliator directly to schedule that conference. J. cc: Harold S. Irwin, III, Esquire Paul B. Orr, Esquire Donald G. Fitting 60 Redstone Drive York Haven, PA 17370 i 8'.Q/Wa 4ss 1P I1 ~ G Y~`MiJ~~ Li~Ya56Y ~6 o/ In Testimony whereof, i here unto set mY band and the seal of ~ id Co~ rt at Carlisle, s a. 31 a f...~~..C...., .. T is ................. , ~~ ~ Pr honotary Edward E. Guido DONALD G. FITTING, JR., Plaintiff v. ANGILA M. FITTING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1 ~5~IL TERM IN CUSTODY ~ ORDER OF COURT ANA NOW, this ~~ day of ~y, 2001, upon consideration of-the attached .,Stipulation Regarding Custody. 'tt is hereby ORDERED that: a. The father and mother shall enjoy shared legal custody of Joanna Marie Rodriguez, born December 8, 1990, and Genesis Anne Fitting, born December 24, 1946. b. The father shalt be the primary physical custodian of the minor children. c. The mother shall have periods of partial physical custody as agreed by the parties. d. Both parties shall permit reasonable telephone contact with the children. e. Both partied agree to cooperate with one another in the implementation of the aforesaid _~. agreement and understand and agree that other changes or modifications in the aforesaid schedule andlor time specified may be necessary to enable both parents to continue to foster and develop a good healthy relationship with the children. To that end, the parties agree to cooperate with one another to encourage the relationship of the children with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the child's relationship with either parent. f. Upon the knowledge of pending relocation, temporary or permanent, of either parent, each parent must immediately inform the other ofhis/her new address and telephone number. g. Both parties agree that neither shall move out of the jurisdiction of Pennsylvania~tiuibh-the children without c4nspnt caf the other parent or court order. In Testimo;r: - t "my liaad and (t}{,-te sle~al o/f s~ /J A - - \ t.,, pay ~ Tl,id/ ~.C Le ~/ ~,~~. 1-4~.. tai" ~ /~1 PLAINTIFF'S EXHIBIT ~~~,~ IJJ--_. r ,,. DONALD G. FITTING, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v :CIVIL ACTION -LAW ANGILA M. FITTING, : NO.O 1 `55L"T~IL TERM Defendant : IN CUSTODY # ORDER OF COURT AND NOW, this ~~ day of , 2001, upon consideration of the attached Stipulation Regarding Custody, it is hereby ORDERED that: a. The father and mother shall enjoy shared legal custody of Joanna Marie Rodriguez, born December 8, 1440, and Genesis Anne Fitting, born December 29, 1996. b. The father shall be the primary physical custodian of the minor children. c. The mother shall have periods of partial physical custody as agreed by the parties. d. Both parties shall permit reasonable telephone contact with the children. e. Both parties agree to cooperate with one another in the implementation of the aforesaid agreement and understand and agree that other changes or modifications in the aforesaid schedule and/or time specified may be necessary to enable both parents to continue to foster and develop a good healthy relationship with the children. To that end, the parties agree to cooperate with one another to encourage the relationship of the children with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the child's relationship with either parent. f. Upon the knowledge of pending relocation, temporary or permanent, of either parent, each parent must immediately inform the other ofhis/her new address and telephone number. g. Both parties agree that neither shall move out of the jurisdiction of Pennsylvania with the children without consent of the other parent or court order. n~ tea .t ..„,r t•ced k e.e_,S..P~..t ~"(7.,IL.r Ip I^~iSE3§5'~°~ ~e'i`~':'~4'~?r I ^~~~'~~~r t.l`:sjt.~l ~~ Itl~i i94~~:`1 ar~~ the l ~~ ~i~ C:~~~ ~4 ~~ ' . P~. iht '""~ ~ i ~ W3 ~~ ~: ~e ~ BY CIE COURT: PLAINTIFFS EXHIIBIT ~vlQ I /Y~ C' -i q-zt,-at DONALD G. FITTING, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. ANGILA M. FITTING, Defendant CIVIL ACTION -LAW N0. 01-`5~1VIL TERM IN CUSTODY STIPULATION REGARDING CUSTODY 1. Plaintiff, Donald G. Fitting, Jr., resides at 1233 Claremont Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Angila M. Fitting, resides at 6403 Glenwood Street, Apartment 4, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Minor children who are the subject of this custody action are Joanna Marie Rodriguez, born December 8, 1990, and Genesis Anne Fitting, born December 29, 1996. 4. Plaintiff is the biological father of Genesis Anne Fitting. 5. Plaintiff is the step-father of 3oanna Marie Rodriguez. 6. Plaintiff has undertaken all responsibilities of a father regarding Joanna Marie Rodriguez since she was approximately four years old. 7. The biological father of Joanna Marie Rodriguez has had his parental rights terminated due to alleged sexual abuse of the child. 8. Defendant is the biological mother of the minor children. 9. Plaintiff and Defendant hereby agree to the entry of the following terms in an order of court defining custody rights and responsibilities in relation to the parties minor children: Joanna Marie Rodriguez and Genesis Anne Fitting. a. The father and mother shall enjoy shared legal custody of Joanna Marie Page 1 of 3 Rodriguez, born December 8, 1990, and Genesis Anne Fitting, born December 29, 1996. b. The father shall be the primary physical custodian of the minor children. c. The mother shall have periods of partial physical custody as agreed by the parties. d. Both parties shall permit reasonable telephone contact with the children. e. Both parties agree to cooperate with one another in the implementation of the aforesaid agreement and understand and agree that other changes or modifications in the aforesaid schedule and/or time specified maybe necessary to enable both parents to continue to foster and develop a good healthy relationship with the children. To that end, the parties agree to cooperate with one another to encourage the relationship of the children with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the child's relationship with either parent. f. Upon the knowledge of pending relocation, temporary or permanent, of either parent, each pazent must immediately inform the other of his/her new address and telephone number. g. Both parties agree that neither shall move out of the jurisdiction of Pennsylvania with the children without consent of the other parent or court order. 10. This agreement shall be effective immediately upon signature by both parties and its validity is not contingent upon court approval. WHEREFORE, the parties pray that the court enter the order attached hereto. Page 2 of 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. ON THIS, the r~~+- day o - 2001, before me, the undersigned officer, personally appeared Donald G. Fitting, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that t ne for the urposes therein contained. ]NHW~TN~>~14~EREOF, I ereunto set my hand and official seal. Carl sle 8om Cumberland County My Commission Expires Apr. 7, 2003 Member, Pennsylvania Association of Notaries Date:~,~,y/o ; l~ ~~ COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ON THIS, the /~t~l. day of ~ 2001, before me, the undersigned officer, personally appeared Angela iVI. Fitting, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. LN WITNESS WHEREOF, I hereunto set my hand and official seal. Date: ~/ly/( Heather L. Smith, Notary public Carlisle eoro, Cumberland County My Commission Expires Apr. 7, 2003 Member, Pennsylvania Association of Notaries THE LAW OFFICES OF PAUL BRADFORD ORR Dated: ~~ "~/~/ .. / e L. Cutler, Esquire 50 East High Street Carlisle, PA 17013 (717)258-8558 Supreme Court ID # 73471 Page 3 of 3 Respectfully Submitted, FEB-2d-04 FRI Q9:1~ RM '' ALLEN: A QUALITY SCHOOL FAX; 7179018201 PAGE 2 Rodilguez,::koantta M. Daily Attendance Fri, Feb.2[I; 2804 07:27 AM Page; 1 ai~'f~ ~ ~.><cs~;~ ~, .s;~P':~:;:; . ;..: P ~ F'~t~:~~tanz~ ,'...>'a; `~:.:-'>fiIa:t3~~i`~',, ::;i;i~ : '' ' ..~~.`..;:::.~'.;' S~!st~r~rif~it3>~'-::.::: Ro'dtiguez 3Qenna E:S' 07 F 1QOa0QS793'. _ . .. :_ :. L :. f : .... .. ..: '. ... • .. : ~. t ~ .. ... ••~ ~` . v ~; _ __ h ..... f ''~J~,:S...a;.,~'~,..,,..r....,3F.:. .. . n,:: ~.. 'i . ,:'~x.,....G~i!tl.~Gfx..~•L,~^ •: e; : . 4~A' . ~`•::" ~: .. . . 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" r .: `r.:e`i:. • J. .,, ~' .'<: •G: .. ice' t{r'. !~ ~ ~'~ T ~ :i:. •t A:. <;~ 4':' ~:~ , '•: i. v r `Y. .~ • I r {` ~ _ , , : . 1 :: ~ '. - ' ~• A' ` ' ` ~ PLAINTIFFS EXHIBIT 3~~/0~ ly`"P FEB-20-04 Fkl 09:17~AM ` ALLEN; A 9UALITY SCHOOI, FAX; 7179018201 PAGE 3 Rodrigu.gz, Joanna M. Daily Attendance Fri,'Peb 20, 2004 07:27 AM Page: 1 _, Moriday Tuesday Wednesday Daka .~ A.M. P.M. A.M. P.M. .A.M. P..N 68/30/43. ,~/~' ~ :iN!!F.~ ;i.?c~~ .i';i4N9E;.i:}.:;i 0.7JOTl(13„ iE`I~/E''i;'NL~;.~;;!'3~l/E?~~r~:'NYEii~:; ~074141a~: ,'N/E;:'':i:N'{,,~" : ;f~lE;''iNIE`..`,; 07!21163- , N(E'?~;N%~;.r;';'~NFE;ti.'::3,NI~s;;.;': ` :07!28/03 PJ1E'.: ':'`':j~FE ;'i~NlE']n?;:~%E`;:. 08/04.!0$'+ .. 'N1~,,';` ;'f+lfE. 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'HO.L1!E:;;`;HOL;?:' r`H01i;~~~;`H!0'L:,; ON65164 01112114' 0'1!1;9164' ' OT,f r .!:O I'{'~::, ~. 61 /26104 17TH; ~; ?OT}i' ~;'' Q7H~4; ~ QTH ;:; 02102!64 01 01 OTHi ~'t~~:T,N,`; r; 02109104' 02/16104 Oi'H:'-'~'60,TN;7 '.'01 01 02/23!64 03/0'1 r64 , 03108!04 0'3115/6;4 03122104 QT~1';::;gT}i:; , 03!29104 04!05104 04/12!04 Q'1'1.1^.':QTFI:, - 04119!64 04/28/64 05/03104' 05f10104 nsitarna 05 ~ 05 01 01 Thursday A.M. P.M. Friday A.M. P.M. 21 21 FEB-20-04 FRI 09:18 AM ' ALLEN: A QUALITY SCHOOL FAX:7179018201 PAGE 4 Rbdrigu;ez, Joanna M. Daily Attendance Fri, Feb 20, 2004 07:27 ANf page: 2 __ _ _ _ Monday Tuesday Wednesday Thursday Friday Date A:M. P.M. A.M. P.M,. A.M. P,M. A.M. P.M. A.M. P.M. 05124/04 05131144" MOj_ :~';'WOL'' ~>c o6loTl04 H9L:=;<~H~iL~HQL'?. MQL'` 06114/OA" . , HOB:',~.}IOyL': :.':"' HQ.~:n.'E;H;04";=:sli~kr;<;:`'MO~;~;s ; H©L; :`:iFl'OC;,:;`H4L,::~xHDk;'::. 0'6!21104 , HOTS? , ~©t :. hIG7(. „NAIa. .,F~b~L , ',Hn1;~:, HQL ..MOL..;.,,M~L ,,., HOt:>,:; ... , _ 3' .~- pE~ 3 2003 DONALD G. FITTING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW ANGILA M. IRWIN, N0.2001- 5503 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this day of December, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. ~ of the Ci berland County courthouse on the ~ day of g,6~~2, t 2004, at J,3 d /~ .M. at which time testimony will be taken in this case. At this hearing, the Mother, Angila Irwin, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, a summary of each party's position on those issues, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further order of this court, this court's Order of September 26, 2001 shall remain in effect subject to the following modifications: A. Mother's periods of temporary physical custody with the minor children shall be a minimum of 3 out of 4 weekends, with the schedule to be arranged between the parties. B. The Christmas holiday shall be handled with Mother having custody of the children from Christmas Eve at Noon until Christmas Day at Noon. Father shall have custody from Christmas Day at Noon until December 29`" pursuant to a schedule agreed upon by the parties whereby the children will then be with Mother for the remainder of the Christmas break. 3. The parties are encouraged to work between themselves in an effort to accommodate each other's work schedule in order to maximize each parent's ability to see the children. t, 4. In the event the parties feel another custody conciliation conference would be productive prior to the scheduled hearing date, either party's attorney may contact the conciliator directly to schedule that conference. cc: /f3arold S. Irwin, III, Esquire Paul B. Orr, Esquire Donald G. Fitting '> 60 Redstone Drive York Haven, PA 17370 1.2'31-d-3 Edward E. Guido i. ',.. .- n~NdwzAn'a -,: {.~kawts,=su~:w.x.~~. m. ,a:xd' - ;. _ , . _ .. ..,, _. %~~,"dr1lh~,;n, ~~.~ ~'~.',", , P~ ,. z -~ ~ r,. n.~~~,.:,.,r,~,,...,i~;~ld .r,~~ 9;t{~j~ DONALD G. FITTING, Plaintiff v ANGILA M. IRWIN, Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2001- 5503 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Joanna Marie Rodriguez, born December 8, 1990; and Genesis Anne Fitting, born December 29, 1996. 2. A Conciliation Conference was held on December 18, 2003, with the following individuals in attendance: The Mother, Angila M. Irwin, with her counsel, Harold S. Irwin, III, Esquire; and the Father, Donald G. Fitting, Jr., appeared without counsel but indicated that he has retained Attorney Paul B. Orr. 3. It should be noted that Father is not the biological parent of Joanna, but Father has had custody of Joanna and Genesis pursuant to a September 26, 2001 Order of Court which was entered in accordance with a Stipulation filed by the parties. 4. Mother is seeking primary custody of both children. Father suggests primary custody should remain with him. The parties had reached an agreement whereby the children were seen by the Mother every weekend, with Mother suggesting that has not taken place since last summer and Father suggested it is a more recent development. The parties cannot reach an agreement with respect to a permanent order and a hearing needs to be scheduled. The conciliator recommends that the status quo be maintained relative to the custody arrangements. i 5. The conciliator recommends the entry of an order in the form as attached. (2 ~~ DA ~ Hubert X. Gilroy, squire Custody Concilia r fx Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ~, DONALD G. FITTING, JR.. „ Plaintiff No. ssos - of VERSUS ANGILA M. FITT Defendant DECREE IN DIVORCE AND NOW, ~+~~) oa~ s'oR~~ AND DECREED THAT ~Do~ald G. PLAINTIFF, AND Angila MM. Fitting, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET 6EEN ENTERED; ATTEST: J • PROTHONOTARY ,. ~/' ~ .-7 i y~/'aa~y ~aa~.~ ?.°O• Lid / :} DONALD G. FITTING, JR., v. ANGILA M. FITTING, TO THE PROTHONOTARY: r IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. Ol- 5503 CIVIL TERM Defendant : 1N DIVORCE PRAECIPE TO TRANSMIT RECORD Transmitthe record, together with the following information, tothe Court for eirtry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2 Date and manner of service of the complairrt: September 24, 2001 by certified mail. 3. Date of execution ofthe affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff January 1, 2002; by Defendant December 28, 2001. 4. Related claims pending: None. 5. Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: January 3, 2002. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: January 3, 2002. Respectfully Submitted, THE LAW OFFICES OF PAUL BRADFORD ORR Date: l~> ~ ~ By: ~ . Gre ry .Cutler, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 Supreme Court ID # 73471 C) c_ ca ._ E^ ~ ^c; ~ T„ `~ `' _ -~ z v3 ~ ` ; c~• -~~ Z' ~ ~ ~,_ ~ _~ wa {}~ _P - DONALD G. FITTING, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v :CIVIL AC~T`~IO~N~- LAW ANGILA M. FITTING, : NO. ©r ~fVIL TERM Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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, PA 17013 Phone: (717) 249-3166 DONALD G. FITTING, JR., Plaintiff v. ANGILA M. FITTING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ©t 55a3 NO. O1- CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Donald G. Fitting, Jr., who currently resides at 1233 Claremont Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Angila M, Fitting, who currently resides at 6403 Glenwood Street, Apartment 4, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on May 30, 1998, in Newville, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. 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. Date: (~#//c/~6/ Donald G. Fitting, Plaintiff By: /~ Greg y .Cutler, Esquire Attorney for Plaintiff 50 E. High Street Carlisle, PA 17013 (717)258-8558 Supreme Court ID # 73471 '~ ~~~/~ ^~'" W `vV -~ ~ C: r~ ,-•J ~ _ v:, ~' cn ~/ 'tic- :a - r ;U C!? i -~ ~- ~ , _ _ r> C ~ /"" „~ ~. D ~ DONALD G. FITTING, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW ANGILA M. FITTING, : NO. Ol- 5503 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND AND NOW, this 12th day of October, 2001, I Gregory L. Cutler, Esquire, attorney for Donal G. Fitting, Jr., Plaintiff, in the above-captioned action, hereby swear that I have served a true copy of the Divorce Complaint, executed by the Plaintiff in the above-captioned matter, upon the Defendant by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested. The original return receipt card signed by the Defendant indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. LAW OFFICES OF PAUL BRADFORD ORR Dated: `d~~s~i~~ By: / ._... Greg L. utler, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 I.D. # 73471 __ . ~ ~~ -rolete items 1, 2, and ~ Alsii complete - - A. Received by (Please Print Clearly) B. Date of be~wy ~w.:,. 4 if Restricted Delive Is desired. ^ print your name and address on the reverse sp that we-can return the card to you. C. Signet ^ RRtachdhia card to the back of the mailpiece, X ~C ^ ggem or on the front if space permits. ~ ^ ,odd D. Is deli a firm ttem 1 ^ Yes 1. ik~ticAleyyA~~d~~dressed~"tyo~: F If , ent~dal' res ^ No ' I, .N,` Ile 1 1' 1 (~ 4AR i 1V/ 1~^hunj ~N U ~~~ ~ ~ ~ ~~(~~ (5~QX1t,.XY~ ~ .~ fi~~~~~~ ~ 3. Se ype N Ceni Mail h--C~ ^ Re isle ~ ~ ~~~~ ~, ~~~h ~1CS ~ oi(r ~~ l~ ou" ^ Insured Mai6, ~ ~~Q ~ D. Receipt for Merchandise ~ WAS Vim' 4. Restricted Deli ~ ^ yes ~2. Nti{ - _-___. Rr~ r EXIIIBIT "A" ;. .. a€ ra„uu metr..&... _.. iAn.®n~: p..as„ .,~.,::.::-. ...~_,::~:w..-z~s .. ... ... .. ... .. _..:...•-. .,y O ~v ~ ry 1 ) ~ ~ C ~~ p ~7+ 1 t. Zj t~ n ~ ,: _ ~ ~. ' ~ cy "; ... ~~ n t~ ~< r. ~G oe p4, ~ ._ . , .. _ .. '.. t DONALD G. FITTING, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v :CIVIL ACTION -LAW ANGILA M. FITTING, : NO. O1- 5503 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 21, 2001. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit 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. Date: ~a,h, o ~ ~,C)o ~, Donald G. Fitting, Jr., Plaintiff ~.~ I~IYib #ib~W~~abxro-_.~ia.-_wo-., ~, n=s Ya_v _F.._t-urxrtapfTa'~llIN-30F '~41'%4kA1LLtq ~ C ~ v ~~i1 G'v ~~.'.... rn;n ~ r••.;=i ~ ' T '' ` ~ s - r C . -< .? -" - Jam. C . -.3 _ J '+J Ci'~ .. ..~ DONALD G. FITTING, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : C~iMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW ANGILA M. FITTING, : NO. O1- 5503 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit 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. Date: iT~-~- OI 9,A oa Donald G. Fitting, Jr., Plaintiff i ~ _ "tkkzh~SduA~a ~,v~~ie_ ......~~ _. ..-.'i ~-_ ~ .a ~_ tug?.*i,~ricxaWp~s3dikkvNakb`y, _. _ .. t~Smsmvw„.....~1dS8£GA44.a"~.+=•zcro ~, I °` C.` t'R rvw ;~) ~ ' ~ ~7~_ fT1 r.,i __~ . - J.^+ - _ ~ K__ ~ ter; ~ _ , 7y _. . p: ~ ti ~~ \ ~~ _. "~ t.'. DONALD G. FITTING, JR., Plaintiff Defendant v. ANGILA M. FITTING, r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.Ol- 5503 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 21, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit 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. Date: J,~--.~~r'o/ c (~ Angil M. Fi ing, De n ant 3 .,~'4PA•tk"'.r~~exux~,aizSb<>+u_~~ ra. , ~.. ~: ,-..~ n-xslaix~nx?x3"a'.$1"3a ~-~znsmxilEaSYe~i2ztirc~~4:~~' -~ ti N n ~I m ~ ,~ - 2_a~ ~= - - n~ - -c:; ~~, ' y-C~ ~;- r~ ~ C. ~ T: ~d v. CIVIL ACTION -LAW ANGILA M. FITTING, : NO.O1- 5503 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit 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. Date: ~~,~e2S~6 / ~ t.f~-~ Angi M. Fitting, fenda ~~.,~ ~, F f.~ ~ t . r_= sv -, i c.. ~ ~ _ ~ _~ ~... ~ ZC' r ... ~; _.7 --C c I_ l DONALD G. FITTING, JR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ANGILA M. FITTING, Defendant CIVIL ACTION -LAW No. o15'Sc1~IL TERM IN CUSTODY ORDER OF COURT AND NOW, this ~~ day of ~~' 2001, upon consideration of the attached Stipulation Regarding Custody, it is hereby ORDERED that: a. The father and mother shall enjoy shared legal custody of Joanna Marie Rodriguez, born December 8, 1990, and Genesis Anne Fitting, born December 29, 1996. b. The father shall be the primary physical custodian of the minor children. c. Th'e mother shall have periods of partial physical custody as agreed by the parties. d. Both parties shall permit reasonable telephone contact with the children. e. Both parties agree to cooperate with one another in the implementation of the aforesaid agreement and understand and agree that other changes or modifications in the aforesaid schedule and/or time specified may be necessary to enable both parents to continue to foster and develop a good healthy relationship with the children. To that end, the parties agree to cooperate with one another to encourage the relationship of the children with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the child's relationship with either parent. £ Upon the knowledge of pending relocation, temporary or permanent, of either parent, each parent must immediately inform the other ofhis/her new address and telephone number. g. Both parties agree that neither shall, move out of the jurisdiction of Pennsylvania with the children without consent of the other parent or court order. C~ ~1°~- 9-zt,~oi SY~tt+~'441M54LM .«~~.~~~. M.ro,.,.~i zn. ~:+ca a ..,;~.~.ivn_..e .,d~,dNaai~~tx&mu~ftl'Na'~~ri- --.°.~••.- "wNn~sC~t4s' VII `Jeff I/v;~l~~I S~~G~ V 7't ~~ ;,;r~ ~ ~: ~:~5 1 fl -~~ ~~ ~_ .. DONALD G. FITTING, JR., v. ANGILA M. FITTING, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACT~~jjI~~OjjN~~- LAW NO.~1~~~CTVfL TERM IN CUSTODY STIPULATION REGARDING CUSTODY 1. Plaintiff, Donald G. Fitting, Jr., resides at 1233 Claremont Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Angila M. Fitting, resides at 6403 Glenwood Street, Apartment 4, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Minor children who are the subject of this custody action are Joanna Marie Rodriguez, born December 8, 1990, and Genesis Anne Fitting, born December 29, 1996. 4. Plaintiff is the biological father of Genesis Anne Fitting. 5. Plaintiff is the step-father of Joanna Marie Rodriguez. 6. Plaintiff has undertaken all responsibilities of a father regarding Joanna Marie Rodriguez since she was approximately four years old. 7. The biological father of Joanna Marie Rodriguez has had his parental rights terminated due to alleged sexual abuse of the child. 8. Defendant is the biological mother of the minor children. 9. Plaintiff and Defendant hereby agree to the entry of the following terms in an order of court defining custody rights and responsibilities in relation to the parties minor children: Joanna Marie Rodriguez and Genesis Anne Fitting. a. The father and mother shall enjoy shared legal custody of Joanna Marie Page 1 of 3 Rodriguez, born December 8, 1990, and Genesis Anne Fitting, born December 29, 1996. b. The father shall be the primary physical custodian of the minor children. c. The mother shall have periods of partial physical custody as agreed by the parties. d. Both parties shall permit reasonable telephone contact with the children. e. Both parties agree to cooperate with one another in the implementation of the aforesaid agreement and understand and agree that other changes or modifications in the aforesaid schedule and/or time specified maybe necessary to enable both parents to continue to foster and develop a good healthy relationship with the children. To that end, the parties agree to cooperate with one another to encourage the relationship of the children with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the child's relationship with either parent. £ Upon the knowledge of pending relocation, temporary or permanent, of either parent, each parent must immediately inform the other of his/her new address and telephone number. g. Both parties agree that neither shall move out of the jurisdiction of Pennsylvania with the children without consent of the other parent or court order. 10. This agreement shall be effective immediately upon signature by both parties and its validity is not contingent upon court approval. WHEREFORE, the parties pray that the court enter the order attached hereto. Page 2 of 3 ~ 7 , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. ON THIS, the ~~~ day o 2001, before me, the undersigned officer, personally appeazed Donald G. Fitting, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that t ne for the urposes therein contained. II~W~TN~~a1~'~EREOF, I ereunto set my hand and official seal. ea er L. Smtth, Notary Public Carlisle Boro, Cumberland County My Commission Expires Apr. 7, 2003 Member, ennsylvania Associa ion of Notaries Dater-~/,~/~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. ON THIS, the I `tt~l. day of~,~ ~-iJ ', 2001, before me, the undersigned officer, personally appeared Angola M. Fitting, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereumo set my hand and official seal. Date: R l y b ! Notarial Seal Heather L. Smith, Notary Public Carlisle Boro, Cumberland County My Commission Expires Apr. 7, 2003 Member, ennsy ania Assoaation of otaries THE LAW OFFICES OF PAUL BRADFORD ORR Dated: 9/~'"~/~f L(~~8 / e L. Cutler, Esquire 50 East High Street Carlisle, PA 17013 (717)258-8558 Supreme Court ID # 73471 Page 3 of 3 Respectfully Submitted, n ~ B }/~+~~ V ~/ V ~~ ~``~~ (,} C) f a L ~ y1 Lrl 'C7 -' f7i( ~ ~ ~, a fr' jil ~r ~ ~ _ -~ r ! ,~ A t J G DONALD G. FITTING IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 01-5503 CNIL ACTION LAW ANGILA M. IRWIN, FORMERLY ANGILA M. FITTING IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, October 03, 2003 ,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 24, 2003 at 10:30 AM 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 G~ilro~, 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 17013 Telephone (717) 249-3166 ,.~,~' ~ ~d'~' ~'~°~ ~o r: of ~', ,,,~1Nb~~7,{.~NP,r.~ r ;: ~; ..~, ,,, ~vi.t-i~,` ` ~~;a v~ ,;. "7 _; HAROLD S. IRWIN, III, ESO:UIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17073 (717) 243-6080 ATTORNEY FOR PLAINTIFF oo~ 01 ions ~ DONALD G. FITTING, Plaintiff v. ANGILA M. IRWIN, formerly ANGILA M. FITTING, Defenalant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01 - 5503 CIVIL TERM :CUSTODY ORDER OF COURT NOW, this day of , 2003, inconsideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esquire, the conciliator, on the 4th Floor, Cumberland County Courthouse, on the day of , 2003, at 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. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: Custody Conciliator 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 DONALD G. FITTING, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION -LAW ANGILA M. IRWIN, formerly ANGILA : NO. 01 - 5503 CIVIL TERM M. FITTING, Defenaiant :CUSTODY PETITION FOR MODIFICATION OF CUSTODY NOW comes the defendant, Angila M. Irwin, by her attorney, Harold S. Irwin, III, Esquire, and presents the following petition for modification of custody, representing as follows: 1. The defendant is Angila M. Irwin, formerly Angila M. Fitting, an adult individual residing at 215 West North Street, Carlisle, Cumberland County, Pennsylvania 17013, and is the mother of both children who are the subject of this action. 2. The plaintiff is Donald G. Fitting, an adult individual residing at 304 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 and is the father of Genesis Anne Fitting, one of the minor children who are the subject of this matter. 3. The parties are the parents of one child, Genesis Anne Fitting (born December 29, 1995, age 6 years); however, the defendant is also the mother of another minor child, Joanna Marie Rodriguez (born December 8, 1990, age 12 years). 4. From the time of her birth to the present, Joanna Marie Rodriguez has resided with the following individuals and at the following locations: A. Joanna has never lived with her father, Jose J. Rodriguez, whose parental rights were terminated in 1994 by Order of Court in Fresno County, California; and B. From her birth until January, 1995, Joanna resided with the defendant and defendant's mother, Kathleen Morikawa, in California; and C. Joanna resided with the parties in Oregon from January, 1995 until November, 1996; and D. Joanna resided with the parties in Newville, Pennsylvania from November, 1996 until the Summer of 1999, when the parties were evicted from their residence due to a corruption of minors charge filed against the plaintiff; and E. Joanna resided with the parties in Carlisle, Pennsylvania from the Summer of 1999 until March, 2001, when the parties separated; and F. Joanna resided with the plaintiff at various locations in the Carlisle -Mechanicsburg area from March, 2001 to the present, subject to an agreement of the parties entered into at the time of the parties' separation. 5. From the time of her birth to the present, Genesis Anne Fitting has resided with the following individuals and at the following locations: A. Genesis resided with the parties in Newville, Pennsylvania from her birth on December 29, 1996 until the Summer of 1999, when the parties were evicted from their residence due to a corruption of minors charge filed against the plaintiff; and B. Genesis resided with the parties and defendant in Carlisle, Pennsylvania from the Summer of 1999 until March, 2001, when the parties separated; and C. Genesis resided with the plaintiff at various locations in the Carlisle - Mechanicsburg area from March, 2001 to the present, subject to an agreement of the parties entered into at the time of the parties' separation. 6. On or about September 14, 2001, the parties entered into an agreement for the legal and physical custody of the children, which agreement was confirmed by Order of Court dated September 26, 2001. A copy of the Agreement and Order is incorporated herein by reference and attached hereto as Exhibit "A". 7. Defendant 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. Defendant has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, other than the existing Order filed to this term and number. 8. Defendant 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. 9. Plaintiff and his finance both work at night, resulting in a situation where these young children are required to remain at home alone all night on the majority of nights that plaintiff has physical custody of the children under the parties' current agreement. By the same token, when plaintiff returns home in the morning, he goes to bed and the children remain unattended during much of the day when not in school. 10. The parties current agreement was based on defendant's situation at the time of their separation and made on the condition that when defendant was back on her feet and able to give proper care to the children, the primary physical custody arrangement would be reversed. 11. Defendant is now working a daytime job, is married and is able to give proper care to the children and have them`reside with her and her husband so that they have proper adult supervision, care and attention at night. 12. Defendant remains open and willing to sharing temporary physical custody of the children with the plaintiff at such times as he is not at work and is able to properly care for them. 13. Defendant believes and therefore avers that the best interests and permanent welfare of the children require a modification of the current Order, providing that she have sole legal custody of Joanna Marie Rodriguez, that the parties have joint legal custody of Genesis Anne Fitting, that defendant have primary physical custody of both children and that plaintiff have specified periods of temporary custody and visitation with the children in accordance with a schedule and under certain conditions which may be agreed upon at a conciliation to be held in this matter. WHEREFORE, defendant respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid. September, 2003 35 Last Mign Street Carlisle, Pennsylvania 17013 (717)243-6090 Supreme Court I.D. No. 29920 VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct. I understand that false statements herein arse made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~ ~ ~ J' l 6 September Lt~! 2003 ~ (~t,YN AN I IRWIN Defendant EXH1~1T ~~A" DONALD G. FITTING, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v :CIVIL ACTI//O~~N -LAW ANGILA M. FITTING, : NO.O1 55CTC7IL TERM Defendant : IN CUSTODY ~ ORDER OF COURT AND NOW, this ~~ day of ~y, ~"K'~ , 2001, upon consideration of the attached Stipulation Regarding Custody, it is hereby ORDERED that: a. The father and mother shall enjoy shared legal custody of Joanna Marie Rodriguez, born December 8, 1990, and Genesis Anne Fitting, born December 29, 1996. b. The father shall be the primary physical custodian of the minor children. c. The mother shall have periods of partial physical custody as agreed by the parties. d. Both parties shall permit reasonable telephone contact with the children. e. Both parties agree to cooperate with one another in the implementation of the aforesaid agreement and understand and agree that other changes or modifications in the aforesaid schedule and/or time specified may be necessary to enable both parents to continue to foster and develop a good healthy relationship with the children. To that end, the parties agree to cooperate with one another to encourage the relationship of the children with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the child's relationship with either parent. £ Upon the knowledge of pending relocation, temporary or permanent, of either parent, each parent must immediately inform the other of his/her new address and telephone number. g. Both parties agree that neither shall move out of the jurisdiction of Pennsylvania with the children without consent of the other parent or court order. DONALD G. FITTING, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIQLJACTI~OjN~-LAW ANGILA M. FITTING, : N0. 07-`~~TVII, TERM Defendant : IN CUSTODY STIPULATION REGARDING CUSTODY 1. Plaintiff, Donald G. Fitting, Jr., resides at 1233 Claremont Road, Cazlisle, Cumberland County, Pennsylvania, 17013 2. Defendant, Angila M. Fitting, resides at 6403 Glenwood Street, Apartment 4, Mechanicsburg, Cumberland County, Pennsylvania, 170». 3. Minor children who are the subject of this custody action aze Joanna Marie Rodriguez, born December 8, 1990, and Genesis Anne Fitting, bom December 29, 1996. 4. Plaintiff is the biological father of Genesis Anne Fitting. ~. Plaintiff is the step-father of Joanna Mazie Rodriguez. 6. Plaintiff has undertaken all responsibilities of a father regazding Joanna Marie Rodriguez since she was approximately four yeazs old. 7. The biological father of Joanna Marie Rodriguez has had his parental rights terminated due to alleged sexual abuse of the child. 8. Defendant is the biological mother of the minor children. 9. Plaintiff and Defendant hereby agree to the entry of the following terms in an order of court defining custody rights and responsibilities in relation to the parties minor children: Joanna Mazie Rodriguez and Genesis Anne Fitting. a. The father and mother shall enjoy shared leeal custody of Joanna Marie Page 1 of 3 Rodriguez, bom December 8. 1990, and Genesis Anne Fitting, bom December 29, 1996. b. The father shall be the primary physical custodian of the minor children. c. The mother shall have periods of partial physical custody as agreed by the parties. d. Both parties shall permit reasonable telephone contact with the children. e. Both parties agree to cooperate with one another in the implementation of the aforesaid agreement and understand and agree that other changes or modifications in the aforesaid schedule and/or time specified may be necessary to enable both pazents to continue to foster and develop a good healthy relationship with the children. To that end, the parties agree to cooperate with one another to encourage the relationship of the children with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the child's relationship with either parent. f Upon the knowledge of pending relocation, temporary or permanent, of either parent, each pazent must immediately inform the other of his/her new address and telephone number. g. Both parties agree that neither shall move out of the jurisdiction of Pennsylvania with the children without consent of the other parent or court order. 10. This agreement shall be effective immediately upon signature by both parties and its validity is not contingent upon court approval. WHEREFORE, the parties pray that the court enter the order attached hereto. Page 2 of 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. ON THIS, the ~~/e- day o 2001, before me, the undersigned officer, personally appeared Donald G. Fitting, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that t a for the urposes therein contained. I1~tN~TN~~6311~~EREOF, I ereunto set my hand and official seal. Carl sle B ro Cumberland County My Commission Expires Apr. 7, 2003 Mem er, snnsylvania Association of Notares Date: ~ y; ,c~~o ; COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND 1 ON THIS, the ~~t`t_, day of I 2001, before me, the undersigned officer, personally appeared Angela Ivi. Fitting, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Date: ~ ~ Y a ~ Heather L. Sm'th Notary Public Carlisle Boro, Cumberland County My Commission Expires Apr. 7, 2003 Member, Pennsylvania Association of Notaries THE LAW OFFICES OF PAUL BRADFORD ORR Dated: q~~~~~~ ire L. Cutler, Esquire 50 East High Street Carlisle, PA 17013 (717)258-8558 Supreme Court ID # 73471 Page 3 of 3 Respectfully Submitted, ' d~Nl at?c4 ddu!,-sLSil 7Wi '~,. Y.c~;~,.m,~_~a.e 1 ~~ Z ~ ~ ~ \ C ". .t G U ~7 C. 'F71._G tiTV{!;'~ 21. l--S. ~:• -G. , -: ~~.:~_ ~~,: .~= ~-, ~c it3 ~~ W t7 -ro w (J Q T •-i ., I- ~'fi ~.Z r_-_ ~' ~:., s Y.5 V~. -F m n ~~~ .~ DONALD G. FITTING, Plaintiff V. ANGILA M. IRWIN, Formerly ANGILA M. FITTING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-5503 CIVIL TERM CUSTODY IN RE: CUSTODY/VISITATION ORDER OF COURT AND NOW, this 20th day of February, 2004, after hearing, all prior custody orders are vacated and replaced with the following: 1. The parties shall enjoy shared legal custody of Joanna Marie Rodriguez, born December 8, 1990, and Genesis Anne Fitting, born December 29, 1996. 2. Plaintiff, Donald G. Fitting, Jr., shall have primary physical custody subject to periods of partial physical custody by defendant, Angila M. Fitting, as follows: (A) During the school year, 3 out of 4 weekends, with the schedule to be arranged by the parties. (B) During the summer on the days father is working, with father having them on all days he is off, including vacation days that he takes from work. Provided, however, that each party shall be entitled to have at least one week uninterrupted custody of the children for a scheduled vacation, so long as the other party is given at least 30 days notice. (C) The holiday schedule shall be as agreed by the parties. (D) Such other times as the parties agree. (E) During mother's periods of partial physical custody, it shall be her responsibility to see that the children get to scheduled activities. ~_ i ~, 3. Both parties shall permit liberal, albeit reasonable, telephone contact with the children by the other. 4. Both parties shall cooperate with one another in the implementation of this custody schedule, and should understand that changes or modifications in the schedule may be necessary to enable both parents to continue to foster and develop a good healthy relationship with the children. To that end, the parties are directed to cooperate with one another and to encourage the relationship with the children with each other, and to refrain from any and all conduct, activity, or communication which would adversely affect the children's relationship with either parent. 5. This Court shall retain jurisdiction. Neither party shall move out of the jurisdiction of Pennsylvania with the children without the written consent of the other parent, or further Order of Court. Paul Bradford Orr, Esquire SO East High Street Carlisle, Pa 17013 For the Plaintiff Harold S. Irwin, III, Esquire .Cm~e~a . 64 South Pitt Street /~ Carlisle, PA 17013 ~-~^-" Far the Defendant mae i ~~'i ~:~ /i~ T~ i 1 ' ii) '/y~~ ~` ..~ ~ .vi I :v~.I ; ~ 1./~ a