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HomeMy WebLinkAbout10-4102o1 -A OM CSC &U ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 MOLLIE STITT, Plaintiff V. LEROY STITT, Defendant - ??y CUf??" .)'QTY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-g102- CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 1. Plaintiff is the Mother, Mollie Stitt, who currently resides at 6269 Mountain View Drive, Chambersburg Cumberland County, Pennsylvania 17202. 2. Defendant is the Father, Leroy Stitt, who currently resides at 402 Centerville Road Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Paragraphs one (1) through three (3) of this Complaint are incorporated herein by reference as though set forth in full. 5. The Plaintiff seeks custody of Kayli Stitt, born August 9, 2004, and Adison Stitt, born May 26, 2007. 6. Kayli and Adison were born in wedlock. J'7 q, eiY ? YY?ft i 7. The children are in the primary custody of the Defendant, residing at 402 Centerville Road, Newville, Pennsylvania. During the children's lifetime, they have resided with their parents at various addresses in Ohio and Pennsylvania. The parties separated on May 7, 2010, at which time the children resided primarily with their Mother. On June 16, 2010, Father took custody of the children and has refused to return them to Mother. 8. The mother of the children is Mollie Stitt, who currently resides at 6269 Mountain View Drive, Chambersburg, Franklin County, Pennsylvania 17202. 9. The father of the children is Leroy Stitt, who currently resides at 402 Centerville Road, Newville, Cumberland County, Pennsylvania 17241. 10. The mother of the children is married, but separated. 11. The father of the children is married, but separated. 12. The relationship of Plaintiff to the children is that of Mother. 13. The relationship of Defendant to the children is that of Father. 14. The Plaintiff currently resides alone, or with the children during her periods of custody. 15. The Defendant currently resides with the children, Kayli and Adison Stitt. 16. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court. 17. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 18. The Plaintiff does not know of a person nor 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. 19. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The parties have shared care giving responsibilities for the children since their birth. b. Mother is able to provide for the children emotionally and financially as she was the primary wage earner in the family. c. At the time of the parties' separation, they had agreed upon a custody schedule for the children providing Mother with custody from Tuesday morning through Saturday at noon and Father with custody from Saturday at noon through Tuesday morning, effectively sharing each week. d. On June 16, 2010, Father learned that Mother has begun dating another person and became extremely angry and upset with her. e. In retaliation, Father took custody of the children and has refused to return them to Mother unless she complies with certain conditions imposed upon her, such as terminating her relationship with her boyfriend and reconciling with Father. f. Mother believes that it is in the best interests of the children for the parties to resume the schedule, outlined above, that they had been following since their separation. g. Mother believes that it is in the best interest of the children for the children to have equal access to both of their parents. h. Mother is requesting an Order of Court establishing a custody schedule in accordance with the parties practice since their separation. 20. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WBEREFORE, the Plaintiff requests that This Honorable Court grant shared legal and physical custody of the minor children to both the Plaintiff and the Defendant. Respectfully submitted, ABom & Ku=Aius, L.L.P. DATE -! F'- -?-i-?- Kara W. Haggerty Supreme Court ID: 842?j 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, MOLLIE STITT, verify that the statements made in the above document are true and correct to the best of my knowledge, information, and belief. 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 ObI [P) 111) e , V/ fi M LLIE STITT CERTIFICATE OF SERVICE AND NOW, this 18"' day of June, 2010, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified mail and First-class mail, postage prepaid addressed to the following: Leroy Stitt 402 Centerville Road Newville, PA 17241 Respectfully submitted, ABOM & SUTULmus, L.L.P. ?'v wL.vv - Kara W. Haggerty, ID No. 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff s MOLLIE STITT IN THE COURT OF COMMON PLEAS OF I'L,AT'v"T11=F CUMBERLAND COON"I'Y, PENNSYI_,VANIA ~'. LEROY STITT DI:F}-:N RANT 2010-4102 CIVIL ACTION LAW IN CUSTODY ORDF,R OF COURT ~~a?~' D NOw', Monday, June 28, 2010 ,upon consideration of the attached Complaint, it i~ herch~ directed that parties and their respective eounse) appear before John J. Mangan, Jr., Esq. ,the conciliator. at 4th Floor, Cumberland Coun Courthouse, Carlisle on Monday, July 26, 2010 at 9:00 AM for a Prc-I-]caring Custody Conference. AC such conference, an effort will be made to resolve the issu~,s in dispute; or ik'ihis cannot he accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to at~pear at the conference may provide grounds for Entry of a temporary or permanent order. "I'he court hereby directs the parties to furnish any and all exisking Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR "fHE COURT, E3y: _ /s/ john J. Mangan, jr., Es ___ Custody Conciliator I'he Court of Common Pleas of Cumberland County is required by law to comply with the Americans ~~ ith Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available Ci) disabled individuals having business before the court, please contact our office. All arrangements must be made at (east 72 hours prior to any hearing or business before the court. You must attend the scheduled eonf'erenee or hearing. YOl1 SHOULD TAKE"THIS PAPER T'O YOUR ATTORNEY A"T ONCE. IF' YOU DO NOT F1;1V1~~: ,~N A"I~TOKNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T'HE OFFICE SET Ft)R'1~II 13f=,LO~V TO FIND OUT WI-~IERE YOU CAN GET LEGAL HELP. C'umberl~~nd C ~ t B• n,. ^' ~•~$,•~~ ^_ „~ W L~ ~, ~~ ~ c un y ar .- ssociaUon C7 C 0 '~"v ~ 3? South Bedf~~rd Street ~~~~ Carlisle, Pennsylvania 17013 Mz., ^~ _: ~ ~~O ' ~~ cam. i~-~1` ~~ ~~ Telephone (717) 249-3166 ~~ ~~'_ ~' ~= r= ~ p _. ~• ~• ~ D ~ i n /tom ~ 5 -~;' ~ e . t '' ~ ~ . -n .~ ii7 rT-. r R' ~~+~; _{ 1 r; -~ :_~ "~ r S 3 '~~ r t ,1~ 'ft..i~Y i .. )„ A~30M cSZ' ICuTU~xis Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717)249-0900 MOLLIE STITT, Plaintiff v. LEROY STITT, Defendant 2010 ,~ayL -2 PEA ~~ tE~ ~' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-4102 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY AFFIDAVIT OF SERVICE I, Kara W. Haggerty, hereby certify that I did serve a true and correct copy of the Custody Complaint, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, postage prepaid, on Leroy Stitt, at Newville, Pennsylvania, addressed as follows: Leroy Stitt 398 Centerville Road Newville, PA 17241 Return card acknowledging receipt on June 23, 2010, is attached as Exhibit "A". Date: ~~ ~ L- l~ ABOM & KUTULASIS~ T.T.P ~. L~ ~~ Kara W. Haggerty~~: ii e Attorney I.D. No: 2 West High Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff ^ Complete items 1, 2, and 3. Also complete item 4 if ResMcted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailplece, or on#he front if space Permits. 1. grUCj1~;11ddresaed to~,1/I ~~{y//~..^,/- 4 ~~-/ - 33 ~ ~1~ 1 v t'1 Zy~ A. 3Jp~eYMre ~" _ ~ n f~ ~ A9enc B. cefved ¢~rrfrrted Ne-!~o_ ), ~ C. Date M DelNery ~ ~ .a3-, a D. Ia del different from item 1? ^ Yes M YES, enter delivery address below: O No 3. '1Ype ~1 C,erdfied Meil ^ Express Mall ^ Registered ^ Ratum Receipt for 1\Aerchandise ^ Irraured Mail ~ C.O.D. 4. Restricted DelNery? {Ex6a Fee) ^ Yea 2' ~''~'~""'~'~ 7008 1830 0003 5942 5609 (fianalw Arorrr aardoe 1sea~ i PS Forrn 3511, Febnwr'Y 2004 _ _ Dortrasuc ~vn Receipt _ taaaaa~aQ EXHIBIT `A" t MOLLIE STITT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v, NO. 10-4102 CIVIL TERM LEROY STITT, CIVIL ACTION -LAW Defendant IN CUSTODY 3 ~L __._ AND NOW this ~ ~ ~/day of , 2010, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE , Distribution• / Kara W. Haggerty, Esquire Attorney for the Plainti~ Abom & Kutulakis, L.L.P. 2 West High Street Carlisle, PA, 17013 ./ Leroy Stitt Prn Se Defendant 402 Centerville Road Newville, PA 17241 ?~~9~ic~ ~~ J~