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HomeMy WebLinkAbout02-2687NMWILLIAM L. CARTER, : IN THE COURT OF COMMON PLE CW -q Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSXWA?A s-n V• CIVIL ACTION - LAW rn- Qo -<> NO. 2002 - 2687 CIVIL TERM2Cn:) z o SHERRY BITTINGER, Defendant/Petitioner IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Petitioner, Sherry Bittinger, by her attorneys, Irwin & McKnight, P.C., and presents the following Petition for Modification of Custody. 1. The Petitioner Sherry Bittinger, an adult individual residing at 523 First Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is William A. Carter, an adult individual residing at 1303 North West Street, Carlisle, Pennsylvania 17013. 3. The parties are the natural parents of two (2) minor children, namely Keyarrha K. Carter, born April 29, 1998 and Noah T. Carter, born August 25, 1999. 4. The parties are currently governed by a custody Order of Court and Stipulation dated February 5, 2003, a copy of which is attached hereto and marked as Exhibit "A". 5. The minor child Keyarrha K. Carter has been in the primary physical custody of the Petitioner since July 1, 2009. The parties signed an Agreement dated July 1, 2009, a copy of which is attached hereto and marked as Exhibit "B". 6. The minor child Noah T. Carter is autistic and has not been receiving medical or counseling services while in the custody of the Respondent. '??y 3 7. The Petitioner seeks shared legal and primary physical custody of both minor children with temporary physical custody to the Respondent as the parties can agree. 8. The best interest and permanent welfare of the child will be served by granting the relief requested because such relief will be in the best interest and permanent welfare of the children. WHEREFORE, the Petitioner, Sherry Bittinger, respectfully requests that she be awarded primary physical custody and shared legal custody of the minor children Keyarrha K. Carter and Noah T. Carter, as provided herein, with periods of temporary physical custody to Defendant as the parties can agree. Respectfully submitted, IRWIN & Mc"IGHT, P.C. By: Marcus K. Mc iI?n g?III, Esquire Attorney for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: August 17, 2011 4 ?, T "A" COURT OF CO1Va]1'IO1V' PL>rA3P4FNL7VCUSkLVM$ERY,AI?ID COUNTY, COMMONW$?,TH OR A,riIA W13LLLALNI L. CARTER, Plaintiff, v. No. M SEER RY B17wMGE% Civil Action - Custody Defendant ' o AND NOW, this -s , day of r the foregoing gtt 2003, upon presentation of pulatiota For Entry of an Agreed Order of Custody, the following as hereinafter recited is an Order of Court; IT IS FURTHER ORAEVED THAT. This agreement shall replace all any and all other previous Orders issued by this or any other Covet relating to the Custody of the aforementioned child. 1. The Father shall have Primary Physical Custody of the Noah T. Carter. The Father shall have hmuty Legal Custody of Noah T_ Carter, I The Mother shall have Partial Physical Custody of Noah T. Carter subject to fathers right of primary physical custody. 3-Both Mother and Father shall have Shared Legal Custody of Keyarrha K. Carter, 4- The Motber shall have Joint Physical Custody of Keyarrha T. Carter 5. The father shall have Joint Physical Custody of Keyarraha K. Carter. 6- Mother shall have Custody Of Noah T. Carter, for two days ger wee . k with an overnight permitted at mother's discretion and provided that it does not interfere with Noah's oounsel;ng services. lather shall have himmy Pl?ysieal custody of I OWX at all other times that mother does not have custody. 90£-3 0101L00d 09S-J. -WOd3 LZ:£T TT,-80-80 8. Both mother and father shall have joint physical custody of Keyanfia K. Carter with each parent receiving one full week commendrg on Sunday Evening at 4:00 p.m. and ending Sunday evening at 6:00 p.m. of the following weep. Additionally periods of custody with Keyarrha may occur as the parties may agree. 9. The following schedule shall outline the periods of custody of Noah T. Carter and Keyaurha K. Carter on holidays as hereinafter outlined. (a) Father shall have Christmas oust* of Noah and Keyarrha Carter, on Christmas day and Mother shall have Noah on Christmas Eve fivm 10:00 a.m. until 10:00 p.m. of the same day. This schedule shall not alternate but rather shall remain the same every year as it relates to this holiday, (b) The );aster holiday shall be divided as follows: Father shall have custody of Noah and Keyarrha until 6:00 p.m. Easter day and Mother shall have custody of the children Noah and Kcyarrha from 6:00 p.m until 10:00 p.m. of the same day, This schedule shall not altemate but rather shall remain the same each and every year unless both parties agree to a different schedule. (c) The Thanksgiving holiday shall be. divided as follows: Father shall have custody of Noah and KeMha all day until 7:00 p.m. and Mother shall have custody commencing at 7:00 p.m. until 10:04 p.m of the samo day. This schedule shall not alternate but rather shall remain the same each and every year unless both parties agree to a different schedule. (d) The children's birthdays shall be divided as follows: Father shall have custody of Noah and Keyatrha on, each child's birthday with both children and mother shall be entitled to custody the weekend before the either child's birthday to celebrate that child's birthday. (e) Mother shall have custody of the children on every Mother's Day and Father shall have custody of the children on every Father's Day of each an every year with the periods of custody to be determined as the parties may agree. (f) all other holidays including but not by way of limitation, Halloween, Fourth of July, Labor Day, Memorial Day shall alternate as between the parties on a yearly basis and the periods of custody 90£--3 010/800d 099-IL -WOlid LZ:£f IT,-80-80 8, Both mother and father shall have joint physical custody of Kayarrha K. Carter with each parent receiving one full week commencing on Sunday Evening at 6:00 p.m, and ending Sunday evening at 6:00 p.m of the following weeks. Additionally periods of custody with Keyarrha may occur as the parties may agree, 9. The following schedule shall outline the periods of oustody of Noah T. Carter and Keyarrha K, Carter on holidays as hereinafter Outlined. (a) Father shall have Christmas custody of Noah and Keyarrha Carter, on Christmas day and Mother shall have Noah on Christmas Eve from 10:00 am. until 10:00 pm, of the same day. This schedule shall not altanate but rather shall remain the same every year as it relates to this holiday. (b) The Easter holiday shall be divided as follows: Father shall have custody ofNoah and Keyanha until 6:00 p.m. )raster day and Mother shall have custody of the children Noah and Keyartha from 6:00 p.m. until 10.00 p.m of the same day. This schedule shall not alternate but rather shall remain the same each and every year unless both parties agree to a different schedule. (c) The Thanksgiving holiday shall be divided as follows: Father shall have custody of Noah and Keyarrha all day until 7:00 p.m. and Mother shall have custody commencing at 7:00 p.m. until 10:00 p.m. of the same day. This schedule shall not alternate but rather shall remain the same each and every year unless both parties agree to a different schedule (d) The children's birthdays shall be divided as follows: Father shall have custody of Noah and Keyarrha on each child's birthday with both children and mother shall be entitled to custody the weekend before the either child's birthday to celebrate that child's birthday. (e) Mother shall have custody of the children on every Mother's Day and Father shall have custody of the children on every Father's Day of each an every year with the periods of custody to be detervained as the parties may agree. (fl All other holidays including but not by way of limitation, Halloween, Fourth of July, Labor Day, Memorial, Day shall altemate as between the parties on a yearly basis and the periods of custody 908-9 010/600d 095-1. -WOE 8Z:8T TT,-80-80 EXHIBIT "B" -?-©?t c> rn \ 1 `c L1 rh c_ Cc, r ? -e r- v- r hck cu-)d ' -' Scn O C??r'l a-C -? -,p- r- ') - C3 a? , CYN O? r" Y r'rL? c? TTY n5e r 7Lo ?D 6-Quis Par Wes , C?-(-ca--Ln d Ns Larnin? c-d , 7-K s ? n--Q-C( ?? ? ??,O- q co---1.6-S c ?s c, Ct- c? r- c. c* v n r, VERIFICATION The foregoing Petition for Modification of Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. SHERRY BITTI ER Date: P ?? /( 5 OF THE PRO TNON E OTARy CU MNMSAND COUNT" lVANIA "' 1 "' 8 Piy 3: 33 WILLIAM L. CARTER, Plaintiff/Respondent V. SHERRY BITTINGER, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 2687 CIVIL TERM IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, SHERRY BITTINER, Defendant/Petitioner, to proceed in forma pauperis. I, Marcus A. McKnight, III, Esquire, attorney for the parry proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Respectfully submitted, IRWIN cKNI T, P.C. By: Marcu A. c fight, hi, Esquire 60 Weomfret Street Carlisl , ennsvlvania 1 (717) 249-235-7- Attorney for Petitioner Date: August 17, 2011 WILLIAM L. CARTER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V C_ , 'rr . 2002-2687 CIVIL ACTION LAW - ._ -? = rra <_- rn --- SHERRY BITTINGER TODY f;-? Y?q*z as -C IN CUS DEFENDANT _ C) -?- _ C) ORDER OF COURT AND NOW, Wednesda y, August 24, 2011 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on _ Wednesday, September 21, 2011 at 12:30 PM 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/ Dawn S. Sunda 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 ?oy y pro) 14y Telephone (717) 249-3166