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HomeMy WebLinkAbout04-4119LISA A. FITTING, Plaintiff GLENN E. FITTING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · . NO. : : CIVIL ACTION - LAW : IN CUSTODY/VISITATION COMPLAINT FOR CUSTODY 1. Plaintiffis Lisa A. Fitting, an adult individual who currently resides at I 1 Abbey Court, Calisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Glenn E. Fitting, an adult individual who currently resides at 19 Otto Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks shared legal custody and primary physical custody of the following Nfllne Samantha Rae Fitting child: Present Residence Date of Birth September 19, 1990 l 1 Abbey Court Carlisle, Pennsylvania The child was bom in wedlock, The child is presently in the custody of Plaintiff who resides at 11 Abbey Court, Carlisle, Cumberland County, Pennsylvania 17013. 4. During the past five years, the child has resided with the following persons and at the following addresses: Plaintiff Lisa A. Fitting 11 Abbey Court Carlisle, Pennsylvania June 6, 2004 - Present PlaintiffLisa A. Fitting 65 North Bedford Street Carlisle, Pennsylvania 1999 - June 6, 2004 Defendant Glenn E. Fitting 19 Otto Avenue Carlisle, Pennsylvania 1999 - June 6, 2004 5. The mother of the child is PlaimiffLisa A. Fitting, who currently resides at 11 Abbey Court, Carlisle, Cumberland County, Pennsylvania. She is single. 6. The father of the child is Defendant Glenn E. Fitting, who currently resides at 19 Otto Avenue, Carlisle, Cumberland County, Pennsylvania. He is married. 7. The relationship of Plainffffto the child is that of Mother. The Plaimiffdoes not reside with anyone, except the subject minor child of this complaint. 8. The relationship of Defendant to the child is that of Father. The Defendant resides with the following individuals: Name Molly Fitting Julia Fitting Relationship Wife Daughter 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiffand Defendant did include provisions for legal and physical custody in their Marriage Settlement Agreement dated, June 15, 1993, which has been attached to this Complaint as Exhibit "A," however, they have not worked under the custody schedule provided for quite some time. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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 fights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff has purchased a residence in the child's present school district and is now able to care for the child on a day-to-day basis. B. Plalntiffand the child have a very strong and loving relationship which will only be fostered by Plaintiffassuming the role of primary custodian. C. The child has expressed a desire to reside primarily with Plaintiff D. The child and her Stepmother, Molly Fitting, have an extremely tenuous relationship, at best, due to stepmother's actions toward the minor child. The child has been told on numerous occasions by her Stepmother that she is fat, that she is too stupid to go to college, and will never make it to her 13th birthday because of her weight. On one occasion, Stepmother even told the child that she had "people watching her all of the time." E. On June 6, 2004, another altercation between the child and Stepmother ensued which caused the child to telephone Plalntiffand request that she pick her up. The child has resided exclusively with Plaintiff since this date and Defendant has not raised any objection to same. Defendant has exercised only sporatic periods of custody with the child and refuses to negotiate a set custody schedule with Plaintiff F. And other reasons which may fully appear at conference. 11. Each parent whose parental rights to the child which have not been terminated, and the person who has physical custody of the child, has been named as parties to this action. There are no other persons who are known to have a claim or right to custody or visitation in this matter. WHEREFORE, Plaintiff, Lisa A. Fitting, requests this Honorable Court to grant shared legal custody and primary physical custody of the child, Sarnantha Rae Fitting, to her, subject to periods of partial physical custody with Defendant Glenn E. Fitting. Respectfully submitted, DALEY ZUCKER & GING1LICH, LLC Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff VERIFICATION Upon my personal knowledge, information and belief~ I, Lisa A. Fitt'mg, do hereby verify that the facts averred and statements made in the foregoing Complaint are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relat'mg to unsworn fals'tfication to authorities. LISA A. FITrlNG : PLAINTIFF : V. : GLENN E. FITTING : DEFENDANT : iN THE cOURT OF COMMON PLEAS OF CUMBERLAND CO UNTY, PENNSYLVANIA 04-4119 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, _ Wednesday, August 25, 2004 __, upon consideration of the attached Complaint, · . , · . . , the conciliator, it is hereby directed that parties and their respective counsel appear before _ Mebssa P Gr~q _ at 301 Market Street LemO n~5~A 17043 on Tuesday, October 19, 2004 at_l:00 PM for a Pre-Hearing Custody Conference. At such conference, an efibrt 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 I~resent at the conference. Failure to appear at the conference ma,/ 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/ ~e~y, Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is req~aired 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 ATTOI?2qEY 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 LISA A. FI'I-rING, Plaintiff GLENN E. FITTING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4119 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER 1'O RELINQUISH JURISDICTION AND NOW, this --/th day of October, 2004, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR HECO --) Melissa Peel Greevy, Esquire Custody Conciliator :237018