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HomeMy WebLinkAbout10-3847MICHAEL FITCHET, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JULIE R. FITCHET, Defendant NO. 16 r 3 KY7 IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff Michael J. Fitchet, who currently resides at 6769 Spring Road, Shermansdale, Perry County, Pennsylvania, 17090. 2. Defendant is Julie R. Fitchet, who currently lives at 311 Liberty Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Plaintiff is the Father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Tyler Fitchet 4/4/95(15) 311 Liberty Drive, Shippensburg, Pa. 17257 Mother and Father were married in 1995 and were divorced on January 30, 2007. Mother currently has primary physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses- NAME ADDRESSES DATES Julie R. Fitchet 311 Liberty Drive Oct. 2006 - present Shippensburg, Pa. 17257 Julie R. Fitchet 311 Liberty Drive 2004 - Oct. 2006 Michael J. Fitchet Shippensburg, Pa. 17257 •,r 1,0 y, 610 ,a - CtAl- 36 /G CIVIL TQRM rvrl; C- " :__ z •• f-14 ;-f3,5ad The mother of the child is Julie R. Fitchet. She currently resides at 311 Liberty Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. She is divorced from Father. The father of the child is Michael J. Fitchet. He currently resides at 6769 Spring Road, Shermansdale, Perry County, Pennsylvania, 17090. He is divorced from Mother. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with his significant other, Nina Taylor. 5. The relationship of defendant to the child is that of Mother. The defendant currently lives with the child. 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 other than as follows: there were very basic custody provisions which were included in the couple's marriage settlement agreement, which indicated that Mother would retain primary physical custody of the child. The provision did not include specific periods of partial custody for Father or address legal custody. 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 custody 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 requested because: Mother recently indicated she was planning on moving from Shippensburg to Maryland with the child Mother has given no indication that she will share transportation or be open to providing Father liberal periods of partial custody with the child, once she moves. The provisions in the marriage settlement agreement regarding custody do not provide for specific periods of partial custody for Father, and do not address legal custody. Father is requesting a custody Order which would provide for shared legal custody, would provide specific periods of partial custody for Father, and would provide for shared transportation Father is requesting a specific holiday schedule, and reasonable telephone contact Such a request would be in the best interest of the child, because it would ensure that the child has continuing and ongoing contact with both parents. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Date: Respectfully submitted, J e Adams, Esquire V. No. 79465 9 a W. South St. rlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 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: 2! Zo, C?, Michael J. Fitchet, 'Plaintiff b MICHAEL FITCHET PLAINTII=F V. JULIE R. FITCHET DE:FF,NI)ANT ;1NU NOV. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 2010-3847 CIVIL ACTION LAW IN CUSTODY OR1)E12 OF COURT Monda~June 14, 2010_ _ _, upon consideration of the attached C.'omplaint, it is hereli~~ directed that parties tend their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, <it 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July-O1, 201,0 ___ __ at 10:30 AM for aPre-Flc arin~~r Custody Conference. At such conference, an effort will be made to resc~lvc 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 ordur. I=ailure 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 atl existing Nrotection from Abuse orders, S~yecial Rcliel' orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. hOR THF, COURT, By': /s/ •Lacqueline M. Verney, Es~.___ Custody C.'onciliator l~he C'our-t of Common Pleas of Cumberland County is required by law to comply with the Americans ~~ith [)isabilitcs Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our oftice. All at7angements must he 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 "PHIS PAPEK TO YOUR ATTORNEY AT ONCE. IF YOU I)O NOT I l/~V1; AN A~C"LORNEY UR CANNOT AFFORD ONE, GO TO OR TELEPHONE "THE OFFICE SET FOR"1-Fi I3 [;LOW TO FIND OUT WI-fERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association ,.,, ~~~ ~ r 32 South Bedford Street - o -~i-' ~-- ~Gk,t~(~5 Carlisle, Pennsylvania 17013 ~_`_~ ~~ Telephone (717) 249-3166 -- CL. ~ - ~NI- ~V ~~• Co • /5.1 o C ' 0~ laced ~ j ; - - ~ Vun ~ ~';1~.. ~~~ .. ~"~. ey ,s 00 ,;,~1 C . C~~ :' i~~-_. .~ JUL 12 2010 MICHAEL FITCHET, Plaintiff V. JULIE R. FITCHET, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-3847 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT 3~" AND NOW, this ~ day of , 2010, upon consideration of the attached Custody Con Nation eport, it is ordered and directed as follows: 1. The Father, Michael Fitchet and the Mother, Julie R. Fitchet, shall have shared legal custody of Tyler Fitchet born Apri14, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody on alternating weekends from Friday to Sunday at times as set forth hereinafter. 4. Father shall have physical custody for up to three non-consecutive weeks in the summer, to coincide with Father's alternating weekend schedule if possible, provided the child is willing to spend the time with Father and provided Father is off of work for said time periods. Father may have two of the weeks consecutive for special circumstances. Father shall be cognizant of the child's extra-curricular activities when scheduling his weeks. Father shall also give Mother 30-days prior notice of these vacation weeks. 5. Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day at times agreed by the parties. 6. Thanksgiving, Christmas EvelChristmas Day and New Year's Eve/New Year's Day shall be alternated by the parties, with Mother having Thanksgiving and New Year's in even numbered years and Christmas in odd numbered years. Father shall have physical custody of the child for Thanksgiving and New Year's in odd numbered years and Christmas in even numbered years. 7. Transportation shall be shared to coincide with Father's alternating weekend schedule as follows: Weekend 1: The parties shall meet at the Sunoco off of the King Street Exit of I 81 in Shippensburg on Friday at 6:30 p.m. and at 6:00 p.m. on Sunday. Weekend 2: Father shall pick up the child at the Food Lion in Smithsburg, Maryland at 5:00 p.m. on Friday and the parties will exchange custody of the child on Sunday at 6:00 p.m. at the Tractor Supply Store in Carlisle. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY TH URT, ~cc: Jane Adams, Esquire, Counsel for Father J. ~ ;~;'~~}' ~ Q ~-= ~~; ~~'~ ~ _„ ~ Suzanne M. Trinh, Es uire Counsel for Mother q ~ ~,.,. `' ` r^ ~ ~c : gip, es r,,Q,. l~ d 7/r3/~~ _ 1 ~,. <_- ~ . .~~ MICHAEL FITCHET, Plaintiff V. JULIE R. FITCHET, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-3847 CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler Fitchet Apri14, 1995 Mother 2. A Conciliation Conference was held in this matter on July 9, 2010, with the following in attendance: The Father, Michael Fitchet, with his counsel, Jane Adams, Esquire, and the Mother, Julie R. Fitchet, with her counsel, Suzanne M. Trinh, Esquire. 3. The parties agreed to an Order in the form as attached. Date: 7 _g - ~~ , (~ acq line M. Verney, Esquire Custody Conciliator