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Home My WebLink About06-2053 Melissa Keeseman, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION - LA W Heath Fittry, Defendant No.O<'.o - 02o~3 CIVIL IN CUSTODY COMPLAINT FOR CUSTODY I, The plaintiff is Melissa Keeseman, residing at 18 I 5 Willow Road, Apartment F" Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Heath Fittry, residing at 2 East Main Street, P.O, Box 140, Plainfield, Cumberland County, Pennsylvania 1708 I, 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Alexis Keeseman 1815 Willow Road, Apt F 8- I 7 -05 Carlisle, Pa 170 13 7 Mon. The child was not born out of wedlock The child is presently in the custody of Melissa Keeseman, residing at 1815 Willow Road, Apartment F., Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Melissa Keeseman 1815 Willow Road, Apt F Carlisle, Pa 17013 Since Birth 4, The mother of the child is Melissa Keeseman, residing at 1815 Willow Road, Apartment F" Carlisle, Cumberland County, Pennsylvania 17013, She is married. The father of the child is Heath Fittry, residing at 2 East Main Street, P.O, Box 140, Plainfield, Cumberland County, Pennsylvania 17081. He is married. 5, The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the following persons, Name Vickie McGuire Ronald McGuire Christopher McGuire Relationship Mother Father Brother 6. The relationship of defendant to the child is that of Father. The defendant currently resides with the following persons, Name Rachel lsriel Lakayla Isriel Daylin Fittry Relationship Girlfriend Girlfriend's daughter Son 7, 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. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare ofthe child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the child, Plaintiff is best able to provide the care and nurture which the child needs for a healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support, Defendant is engaged in an extramarital affair and is unable to provide a stable and suitable household for the child. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: 'I/I;L/a6 I Leslie A. Tom ,Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court LD. # 200198 Attorney for Plaintiff Melissa Keeseman, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW Heath Fittry, Defendant No. IN CUSTODY CIVIL VERIFICATION I verify that the statements made in this 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. Jfl7JJ~ I((;~t'-- Melissa Keeseman, Plaintiff Melissa Keeseman, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant CIVIL ACTION - LAW No. CIVIL IN CUSTODY Heath Fittry, CERTIFICATE OF SERVICE I, Leslie A, Tomeo, Esquire, attorney for Plaintiff do hereby certify that I this day mailed a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Heath Fittry 2 East Main Street P,O. Box ]40 Plainfield, Pa 1708 I Date: 1z/o, Leslie A. T 155 South anover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court LD. # 200198 Attorney for Plaintiff W ::::::- -p ~ >0 1\:-' , 2:. ~~ \l ~ ,... .., \:~) --\1 --v:.; - , - N C; o -r.J P-- b +- (- ---..... 7 ,i \,.{.:: MELISSA KEESEMAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-2053 CIVIL ACTION LA W HEATH FITTRY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 18, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumb~rla-"~~~unty Courthouse, Carlisle on .. __'J'~~rsday,_May 25, 2006 at 10:30 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 he heard by the court. and to enter into a temporary order. All childrcn age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs tbe parties to furnisb any and all existing Protection from Abuse orders, Special Relief orders. and Custody orders to the conciliator 48 bours prior to scheduled bearing. fOR THE COURT. By: Isl Hubert X. Gilrov. Esg...-_--1.l.ifY_ Custody Conciliator 'fl' 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 befixe the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. If YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedl()rd Street Carlisle, Pennsylvania \ 70 I 3 Telephone (717) 249-3166 . fTI!' j,.,,??P M '1?~ /,N~ ,{~? .' 7171 7 ~,pn/ Pj:6l/?, ~,fzr I /f/-J~ ~ /-1f} I' ., ,...h ' \ ..: '"., 'J ,;. _.~ - ~ c :..c 'J,J Je. /;, .' 1i.hlC /7 'l"U'.1C/1 w ... JUN 0 5 21JO{r 1)/ MELISSA KEESEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO.06-2053 CML ACTION - LAW HEATH FITIRY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of J In c- . 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Melissa Keeseman, and the Father, Heath Fittry, shall enjoy shared legal custody of Alexis Keeseman, born August 17,2005. 2. Mother shall enjoy primary physical custody ofthe minor child. 3. Father shall enjoy periods of temporary physical custody as follows: A. On alternating weekends. The first two weekends Father's periods of custody shall be both Saturday and Sunday from 9:00 a.m. until 5:00 p.m. On the next two weekends for Father's custody, he shall have custody from Saturday at 9:00 a.m. until Sunday at 5:00 p.m. Thereafter, the alternating weekends shall be Friday from 5:00 p.m. until Sunday at 5:00 p.m. B. Father shall also have custody every Thursday evening from 4:00 p.m. until 7:00 p.m. C. At such other times as agreed upon by the parties. 4. In the event either party is dissatisfied with this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT: Cc: ~eslie M. Tomeo, Esquire ~ vMr. Heath Fittry Li/~ Judge .- I A1N',( "., ''''1'\:) :':""':" ,..'; OS :8 H~ 8- Nilf 9DOl 1'-'''1 '.,','," " ":111' ~~ At.JV,_UI';L0'i U,."-.J'.i(J :Jill ::IV 3~iH,'O-'{J31\::l . -. MELISSA KEESEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v : NO.06-2053 CIVIL ACTION - LAW HEATHFITIRY, Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Alexis Keeseman, born August 17, 2005 2. A Conciliation Conference was held on May 25, 2006, with the following individuals in attendance: The Mother, Melissa Keeseman, with her counsel, Leslie A. Tomeo, Esquire The Father, Heath Fittry, who appeared without counsel 3. The parties agreed to the entry of an Order in the form as attached. Date: June ~ ,2006 .t:J6~ Custody Conciliator MELISSA KEESEMAN, Plaintiff V. HEATH FITTRY, Defendant IN THE COURT OF COMMOI CUMBERLAND COUNTY, PI CIVIL ACTION-LAW IN CUSTODY :NO. 06-2053 CIVIL TERM TO THE PROTHONOTARY OF SAID COURT: .. + L •tin/ r nn . tiG iiey oTf revor r e Petia r _r'Ma_livSa YiIEAOE Wi itdravv rig ? firrf-,,7sappearance a at Keeseman, at the above captioned docket. rTth submitted by, KarIJkdminger, Esq. Rominger and Associates Dated: PLEASE enter my appearance as attorney of record on behalf of Keeseman, at the above captioned docket. Respectfully submitted by, Malcolm McPherson Certified Legai Intern THOMAS M. PLACE ANNE MACDONALD-F MEGAN RIESMEYER FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 the Petitioner, Melissa x MELISSA KEESEMAN, Respondent vs. HEATH FITTRY, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-2053 CIVIL TERM CUSTODYNISITATION PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Heath Fittry, Petitioner, to proceed in forma ap uperis. i I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am prow( i ree legal services to the party. Je is 1 , E -'re idPe gal Sei ices 401 E t Louther Street Carlisle, PA 17013 (717) 243-9400 c. a, MELISSA KEESEMAN IN THE COURT OF COMMON PLEAS OF '.. ; PLAINTIFF CUMBERLAND COUNTY, PENNSYLV A%A} '?. V. 2006-2053 CIVIL ACTION LAW -- HEATH FITTRY IN CUSTODY DI FENDANI" ORDER OF COURT AND NOW. Wednesday, February 1, 2012____, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, February 22, 2012 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 hearinp-. FOR THE COURT, By: _/s/ Hubert X. Gg royi 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 ':rearing. M_ 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 BELOWTO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cory 0491 ,copy P Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170: 3 /4157- Telephone (717) 249-3166 MELISSA KEESEMAN, Plaintiff v HEATH FITTRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 2006-2053 CIVIL ACTION - LAW IN CUSTODY COURT ORDER AND NOW, this ?z?IL day of March, 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of June 7, 2006, shall remain in place subject to the following clarifications: 1. The mother is directed to provide custody of the minor child to the father consistent with the Order of Court which provides father with custody on alternating weekends. Mother is advised that failure to comply with this Order could result in a finding of contempt. 2. Pending resolution of any support or disability applications that father has filed, father shall handle transportation for exchange of custody since he is not paying any support to mother at this particular time. If that situation changes, this issue can be revisited by the Court upon appropriate recommendation from the Custody Conciliator. 3. Both parties are instructed to keep each other advised with respect to their living address and a phone number where they can be contacted. 4. The parties shall meet for another Custody Conciliation Conference on ThundaL?Vlaty 24, 2012, at 8:30 a.m. tea: °-? m C 3 ?? C r1i ...? co <-^i ? ' BY THE COURT z ZZ , m - :~ - , cc: Jessica Holst, Esquire Ms. Melissa Keeseman, 20 East Street, Apt. 11, Mt. Holly Springs, PA 17065 r bwpes pan, I-ed 31011. r4 L, . ' s MELISSA KEESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : 2006-2053 CIVIL ACTION -LAW HEATH FITTRY, Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Alexis Keeseman, born August 17, 2005. 2. A Conciliation Conference was held on March 2, 2012, with the following individuals in attendance: The mother, Melissa Keeseman, who appeared without counsel, and the father, Heath Fittry, with his counsel, Jessica Holst, Esquire. 3. There is an existing Order pertaining to custody from June of 2006. However, the father has not seen the child for approximately one year. Father is seeking a 50150 custodial situation at this time. The Conciliator's recommendation is that we reinstate the existing Order and proceed for a few months and come back for a second Conciliation. If the father is inclined that he wants to litigate the matter to seek additional time at that point, the case can be referred to the Court for a hearing. 4. One issue is transportation for exchange of custody. Father suggests it should be shared. Mother suggests father should handle all the transportation because he is not paying any support. Father has filed some type of disability application and is awaiting a determination on that. The Conciliator recommends father does the transportation at this time with the understanding that issue may be revisited in the future when and if disability payments are being made or any support payments are being made. 5. The Conciliator recommends and Order in the form as attached. Date: March. 2012 ? Hubert X ilroy, Esquire Custo Conciliator MELISSA KEESEMAN, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-2053 CIVIL ACTION -LAW IN CUSTODY COURT ORDER AND NOW, this day of June, 2012, upon consideration of the attached Custody HEATH FITTRY, Defendant PRIOR JUDGE: Christylee Peck Conciliation Report, it is ordered and directed as follows: 1. This Court's prior order of March 8, 2012, which incorporated the prior order of June 7, 2006, shall remain in effect. 2. In the event either party desires to modify the existing custody orders, that party shall petition the Court to have the case again scheduled with the Custody Conciliator for a conference and, as appropriate, with the Court for a hearing. BY THE COURT, Christylee P ' k, Judge cc: Jessica Holst, Esquire Ms. Melissa Keeseman, 20 East Street, Apt. 11, Mt. Holly Springs, PA 17065 Cliff : f?? ?t.! 1 '?? LE' ? S_'•-?`y? ` i ?'m ? i U MELISSA KEESEMAN, Plaintiff v HEATH FITTRY, Defendant PRIOR JUDGE: Christylee Peck IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-2053 CIVIL ACTION - LAW IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. A conciliation conference was held in this matter on June 7, 2012, consistent with the March 8, 2012, order of Judge Peck. However, the father, who was the moving party initially, failed to attend the conference. His counsel indicated that the father has not been in touch with her and the phone number she had for the father was not working. 2. The Conciliator recommends and order in the form as attached. Date: June 2012 /'//?v (// Hubert X. ilroy, Esquire Custod conciliator