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HomeMy WebLinkAbout09-6866COREY L. FITE, vs. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA KAYLEIGH BIRGENSMITH, Defendant AND NOW, this No. N - (ACC(O Civil Term : ACTION IN CUSTODY ORDER OF COURT day of 2009, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at Pennsylvania, on , the day of , 2009, at o'clock m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information 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 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 St. Carlisle, Pa. 17013 (717) 249-3166 COREY L. FITE, vs. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA KAYLEIGH BIRGENSMITH, Defendant No. C9gr G gL' Civil Term ACTION IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Corey L. Fite, age 19, who currently resides at 143 Big Spring Terrace, Newville Cumberland County, Pennsylvania, 17241. 2. Defendant is Kayleigh Birgensmith, age 17, who currently lives at 416 Bloserville Road, Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff is the Father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Paige Birgensmith 5/6/08(l) 416 Bloserville Road Newville, Pa. 17241 Mother and Father are not married. Mother currently has physical custody of the child and lives in Maternal Grandparents home. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Paige Birgensmith 416 Bloserville Road birth - present Newville, Pa. 17241 The mother of the child is Kayleigh Birgensmith. She currently resides at 416 Bloserville Road, Newville, Cumberland County, Pennsylvania, 17241. She is seventeen. She has never been married. The Father of the child is Corey L. Fite. He currently resides at 143 Big Spring Terrace, Newville, Cumberland County, Pennsylvania, 17241. He is nineteen. He has never been married. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with his fiance, Sabrina Medling. 5. The relationship of defendant to the child is that of Mother. The defendant currently lives with the child and Maternal Grandparents, Kim and Mark Birgensmith. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody of the child or visitation rights, with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief because: Father is requesting a court Order which provides him with shared legal custody and partial physical custody. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody Order regarding the child. Respectfully submitted, Date:? qk-I V, 6 12) Jan ,Adams, Esquire 17 est South Street arlisle, PA 17013 (717) 245-8508 Supreme Court ID # 79465 VERIFICATION I verify that the statements made in this Custody 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: 9d9 Corey L. Ate, Plaintiff RLED-4-,"-rtt..E HE t-F''?' `? OTARY 2009 OCT 14 AN 10: 06 • 'J Ctl 15077 pj4 a31CIS .j COREY L. FITE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-6866 CIVIL ACTION LAW KAYLEIGH BIRGENSMITH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, October 16, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at_ 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 17, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and 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 FILED OF p^ ' ?,,0{1Y L. 2009 OCT 20 Pd 2: ! i cu r c;'' LlAi`lU COREY L. FITE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. Civil Term KAYLEIGH BIRGENSMITH, : IN CUSTODY v b Defendant STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this q?r- day of AbV. , 2009, by and between Corey L. Fite, age 19, (Hereinafter referred to as "Father"), of Newville, Cumberland County, Pennsylvania, and Kayleigh Birkensmith, age 17, (Hereinafter referred to as "Mother"), of Newville, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Paige Birgensmith, born, May 6, 2008. WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father have agreed that Maternal Grandparents shall share in physical and legal custody, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father agree as follows: a. Mother and Maternal Grandparents, namely, Kim and Mark Birgensmith, shall share legal custody of the child. Legal custody means the right to control and share in the making of decisions of importance in the life of the child, including educational, medical, and religious decisions. b. Father shall have no legal custody at this time; however, nothing shall preclude Father for filing a Petition for Modification to request shared legal custody in the future, so long as his parental rights are not terminated by a Court Order. 2. Physical Custody. Mother and Father agree as follows: a. Mother and Maternal Grandparents, namely, Kim and Mark Birgensmith, Physical Custody of the child, as that term is defined in the custody act, shall be shared between Mother and Maternal Grandparents, namely, Kim and Mark Birgensmith, with specific arrangements being made pursuant to their agreement. b. Father shall have no physical custody at this time; except for visitation specifically agreed to by Mother and Grandparents; however, nothing shall preclude Father for filing a Petition for Modification to request physical custody in the future, so long as his parental rights are not terminated by a Court Order. 3. Child Support. Mother and Maternal Grandparents agree that they shall not seek child support. While the parties acknowledge that they are aware that nothing precludes Mother or Grandparents from seeking child support from Father at any time, through Domestic Relations, they also acknowledge that until Father's parental rights are terminated by Court Order, nothing precludes Father from seeking to amend this custody stipulation, and request a Court Order providing him with legal and physical custody. As such, the parties acknolwedge that they fully understand and are satisifed with the agreement and the arrangements which have been made, and that they intend to honor such agreement accordingly. 4. Illness of the Child. Emergency decisions regarding a child shall be made by the party then having physical custody. Grandparents, since they share in physical custody, shall be entitled to make emergency and non-emergency decisions regarding the child. In the event of any emergency or serious illness of a child at any time, any party then having physical custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other party can become involved in the decision making process as soon as possible. While is acknowledged that Father does not share in legal custody, Mother and Grandparents shall communicate important information to Father, regarding medical treatment, as is appropriate under the circumstances. 5. Welfare and Best Interest of the Child to be Considered. The welfare and best interest of the child shall be the prime consideration of the parties in the application of the provisions of this Agreement. WITNESS: Witness Witness We rgens h, Mother Date: )0/36/09 Corey . Fite, Father Date: , 11141f/f a l ` ?C Kim Birgensmith, Matern randmother Date:/() -Oq ?v Witness Mark Birgensmi , Maternal Grandfather Date: 10 /'3b J 01 FILED,...., ry- 07' THIE 2009 NOV 10 A, I l : "4 Lui :re ??..;f • Vii': t!,?..,. i NOV ? 3 2009 ~ COREY L. FITE, V. Plaintiff KAYLEIGH BIRGENSMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 6866 Civil Term IN CUSTODY ORDER AND NOW, this / ~ ~ day of ,Uo-++~' , 2009, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on November 9, 2009, shall be entered and incorporated into this Order of Court. cc: ''Jane Adams, Esquire, for father /Kayleigh Birgensmith, mother e~« ~~~ « j«j~ ~~ BY THE COURT: ~~ J. i... `~ ~.'~ ._ Lc~9t~s?~t ;~ r;~;t~ ~.J 'j ~' 17~r JUL 12 2010 COREY L. FITE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V• : N0.2009-6866 CIVIL ACTION - LAW cam- Q T KAYLEIGH BIRGENSMITH, ~ ~- ~? ~ _ ~ Defendant : IN CUSTODY --ry ~~~ ~.+~ ~ . __ - T -_~ ORDER OF COURT ~ u. ~~ AND NOW, this 9`" day of July, 2010, being advised that the parties have reached a settlement agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, !~'(. , G~ acq line M. Verney, Esquire, C stody Conciliator