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HomeMy WebLinkAbout02-2687IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA WILLIAM L. CARTER, Plaintiff, VS. SHERRY BITTINGER, Defendant, Civil Action At Law---Custody Case No.Xa,Z: - COMPLAINT FOR CUSTODY 1. The plaintiff is William L. Carter, residing at 1004 North West Street Apt. 1 Carlisle, 17013, PA. County of Cumberland, Commonwealth of Pennsylvania, 2. The defendant is Sherry Bittinger, currently residing at 527 Cherry Court Carlisle, 17013, County of Cumberland, Commonwealth of Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Address Noah Carter Keyarrha K. Carter same as father's same as father's dob 8/25/1999 2 Yrs. 9months dob 4/29/1998 4 yrs. 4. The children were bom within wedlock. 5. The children are presently in the custody of William L. Carter who resides at 1004 North West Street Apartment 1, Carlisle, PA. 17013. 6. Since July and August of 2001 the children have resided with the father at 1004 North West Street Apartment 1, Carlisle, PA. 17013. 7. The biological mother of the children is Sherry Bittinger, currently residing at 527 Cherry Court Carlisle 17013, County of Cumberland, Commonwealth of Pennsylvania. The mother is separated from he father, plaintiff but is currently married to the The father of the children is William L. Carter and is currently residing at 1004 North West Street Apt. 1 Carlisle 17013, PA., County of Cumberland, Commonwealth of Pennsylvania. 10. The father is separated but currently remains married to the mother, and Defendant. 11. The relationship of the plaintiff to the children is that of a biological Father. The Plaintiff currently resides with the following persons: Name Relationship Laura L. Rickenbaugh Girlfriend 12. The plaintiff has not participated as a party or witness, or in another capacity, in any other litigation concerning the custody of the child in this or another court. 13. The plaintiff has no other information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 14. 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 children. 15. The best interest and permanent welfare of the children will be served by Granting the relief requested for the reasons as hereinafter recited: (a) The children currently reside with their father and have resided with their father for approximately nine and ten months respectively, wherein he has been the primary caretaker and caregiver to the children and in whose home they feel a sense of comfort, permanency, and familiarity. (b) Noah Carter, is a child with special needs and has been cared for by the plaintiff father, since last year, and is enrolled in Early Intervention School and Capital Head Start to promote proper functioning and learning. (c) Plaintiff, believes and therefore avers that he can continue to provide a predictable and stable lifestyle for which, the children have become accustomed and which will be in the best interest of the children during their formative years and throughout their lives. WHEREFORE, Plaintiff, William L. Carter, respectfully requests for the aforementioned masons, that the court grant and award him primary physical custody of Noah Carter and Joint Physical Custody of Keyarrha Carter. DATED: 5/16/2002 Mt(chanicsburg, PA. 17055 (717) 790-5500 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 unswom falsification to authorities Date: ~'- Plaintiff AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available 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. BY THE COURT: Date: WILLIAM CARTER : PLAINTIFF : : V. : 02-2687 .. SHERRY BITTINGER DEFENDANT : IN CUSTODY .. ORDER OF COURT AND NOW, Thursday, June 06, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW , 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 Monday, June 24, 2002 at 11:30 Ai~ for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; o4 if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporaryl order. All children 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 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. Sunday. Esq. o--IT- 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 WILLIAM CARTER, plaintiff VS. SHERRY BITTINGER, Defendant :12,I THE cOURT OF coMMON PLEAS OF : cUMBERLAND COUNTY, pENNSYLVANIA : NO. 02-2687 CIVIL ACTION LAW · IN CUSTODY ORDER OF COURT AND NOW, this 24T~ day of June, 2002, the Conciliator, having been advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for June 24, 2002 is canceled. FOR THE COURT, Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA WILLIAM L. CARTER, Plaintiff, V. SHERRY BITTINGER, Defendant Civil Action - Custody STIPULATION FOR ENTRY OF AN AGREED ORDER OF CUSTODY THIS STIPULATION AND AGREEMENT entered into this ,_~-'-P/~, , day of t~( ~ t_/.i_~ t 2002, by and between William L. Carter, (hereinafter referred to as "Father") and Sherry Bittinger, (hereinafter refereed to as "Mother"). NOW THIS AGREEMENT WlTNESSETH THAT: WHEREAS, the Mother and Father are the natural parents of the following children, by the names of Noah T. Carter and Keyarrha K. Carter (hereinafter: referred to as"Children"), and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the children. NOW, TI-IEREFORE, in consideration of the mutual pr,~mises, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: This agreement shall replace and supersede any other Orders or Agreements heretofore entered into by and between the parties to this agreement. 1. The Father shall have Primary Physical Custody of the Noah T. Carter. 2. The Father shall have Primary Legal Custody of Noah T. Carter. 3. The Mother shall have Partial Physical Custody of Noah T. Carter subject to father's right of primary physical custody. 4. Both Mother and Father shall have Shared Legal Custody of Keyarrha K. Carter. 5. The Mother shall have Joint Physical Custody of Keyarrha T. Carter 6. The thther shall have Joint Physical Custody of Keyarraha K. Carter. 7. Mother shall have Custody of Noah T. Carter, for two days per week; with an overnight permitted at mother's discretion and provided that it does not interfere with Noah's counseling services. 8. Father shall have Primary Physical custody of Noah, at all other times that mother does not have custody. 9. Both mother and father shall have joint physical custody of Keyarrha 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 week. Additionally periods of custody with Keyarrha may occur as the parties may agree. 10. The following schedule shall outline the periods of custody 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 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 Easter 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 Keyarrha from 6:00 Jot[lo atll ol op!^oJd llgqs ,el. md qo~o uo^~S s~ luosuoo pop!,xosd 'luo.red .~oqlo Otll mo,tj luosuo, ssoJdxo oql tll!ax e!ueal,(stmod jo tllleo~uommoD attl mosj uojpl!qo atll o,xomoJ ll?a Al.md sotll!oN (q) (i) name, address, and telephone number(s) where the parent shall be staying while out of the State of Pennsylvania to facilitate contact as between the parent not having custody with the children in case of an emergency. This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to iin its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (j) The parties can agree to expand the levels of custody beyond what is provided within the framework of this agreement as they may mutually agree from time to time. Neither party shall restrict the other party's periods of custody as outlined within this agreement unless BOTH parties verbally agree to such a restriction. Notwithstanding, the verbal agreement of BOTH parties to periods of less custody, than provided within this agreement the party agreein.g to less custody shall be entitled to rescind, such agreement at any time after consent has been givent and insist that the terms, conditions, and restrictions contained within this agreement as to periods of custody be en£orced as they are presented within the agreement. (k) The parties memorialize their acceptance of this agreement, and. intending to be legally bound by the terms of this agreement affix their signatures hereunder. Dated: ~'/ GREGORY S. HAZLETT ATTORNEY AT LAW Mechanicsburg, PA. 17055 (717') 790-5500 IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. William L. Carter COMMONWEALTH OF PENNSY'LVANIA : COUNTY OF CUMBERLAND : s.s BE IT REMEMBERED, that on thisSq'l~day of,~/A,~_ , 2002 personally appeared before me the Subscriber, a Notary Public for the State an~~-i~,, William L. Carter, party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. Sworn to and subscribed before me the day, month and year aforesaid :Nf,')TA;q.. I A L SEAL DARCIE A. NEIL, ,Nota~ Pul:~c Car~,~, Cumbs;.rls~d ~oun~y ~?a Nov. 24, 2005 Notary Pubhe----'"~ IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. ' COMMO~TH OF PENNSYLVANIA : s.s. cot rrv UUIctuS,il: BE IT REMEMBERED, that on thi~r~ , day of, ~ /t IV~ 2002, personally appeared before me the Subscriber, a Notary Public for the State and CT6unty afo~'esai~, Sherry Bittinger, party to this Agreement, known to me personally to be such, and he acknowledged the act of signing this Agreement Sworn to and subscribed before me the day, month and year afraid ~, No0ary ~'-~ic -- ~ '~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA WILLIAM L. CARTER, Plaintiff, SHERRY BITTINGER, Defendant Civil Action - Custody STIPULATION FOR ENTRY OF AN AGREED ORDER OF CUSTODY Tins STIPULATION AND AGREEMENT entered into this '-'g":~6 , day of ~t~ 47 t_/.~ "~ 2002, by and between William L. Carl:er, (hereinafter referred to as "Father") and Sherry Bittinger, (hereinafter refereed to as 'Mothe:"). NOW THIS AGREEMENT WlTNESSETH THAT: WHEREAS, the Mother and Father are the natural parents of the following children, by the names of Noah T. Carter and Keyarrha K. Carter (hereinafter referred to as"Children"), and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the children. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: This agreement shall replace and supersede any other Orders or Agreements heretofore entered into by and between the parties to this agreement. 1. The Father shall have Primary Physical Custody of the Noah T. Carter. 2. The Father shall have Primary Legal Custody of Noah T. Carter.. 3. The Mother shall have Partial Physical Custody of Noah T. Carter subject to father's right of primary physical custody. 4. Both Mother and Father shall have Shared Legal Custody of Keyarrha K. Carter. 5. The Mother shall have Joint Physical Custody of Keyarrha T. Carter 6. The father shall have Joint Physical Custody of Keyarraha K. Carter. 7. Mother shall have Custody of Noah T. Carter, for two days per week; with an overnight permitted at mother's discretion and provided that it does not interfere with Noah's counseling services. 8. Father shall have Primary Physical custody of Noah, at all other times that mother does not have custody. 9. Both mother and father shall have joint physical custody of Keyarrha 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 week. Additionally periods of custody with Keyarrha may occur as the parties may agree. 10. The following schedule shall outline the periods of custody 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 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 il: relates to this holiday. (b) The Easter 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 Keyarrha from 6:00 aq; $otllo oq~, ol op!noad ll~qs ~h-md qoeo UaA~i~ S~ ;UOSUOO pop!AOad ';uoJ~d ~otilo atll moxj luosuoo sso~dxo aql til!~ ~!U~Al;qstmod jo t[ll~O~uommoD Otll mo.tj uoJpl!qo oql OAOm0~ ii!~ Al.red ~oql!oN (q) name, address, and telephone number(s) where the parent shall be staying while out of the State of Pennsylvania to facilitate contact as between the parent not having custody with the children in case of an emergency. (i) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. 0) The parties can agree to expand the levels of custody beyond what is provided within the framework of this agreement as they may mutually agree from time to time. Neither party shall restrict the other party's periods of custody as outlined within this agreement unless BOTH parties verbally agree to such a restriction. Notwithstanding, the verbal agreement of BOTH parties to periods of less custody, than provided within this agreement the party agreeing to less custody shall be entitled to rescind, such agreement at any time aRer consent has been given and insist that the terms, conditions, and restrictions contained within this agreement as to periods of custody be enforced as they are presented within the agreement. (k) The parties memorialize their acceptance of this agreement, and intending to be legally bound by the terms of this agreement affix their signatures hereunder. Dated: GREGORY S. HAZLETT ATTORNEY AT LAW ~,: cS~ a~n~c ~Mb;rr~k7 ?~le~055 (717) 790-5500 IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, forth their hands and seals the day and year herein set forth. William L. Carter set COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : : S.S BE IT REMEMBERED, that on thisS~'['~day of,~~~..__, 2002 personally appeared before me the Subscriber, a Notary Public for the State and Coun~ aforesaid, William L. Carter, party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. Sworn to and subscribed before me the day, month and year aforesaid Czr~, Cum~rl~ad Coun¥ i - -No~ ~b~ IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. herry B~ttinge~ COMMONWF_~TH O1~ PENN~YLVAb~IA : s.s. cot m v oF ICe-Ct_ .._: BE IT REMEMBERED, that on thi~r~ , day of, i /i ~.V'~ 2002, personally appeared before me the Subscriber, a Notary Public for the State and C"6unty afo~'esaid, Sherry Bittinger, party to this Agreement, known to me personally to be such, and he acknowledged the act of signing this Agreement Sworn to and subscribed before me the day, month and year af~e~aid Not%try ~'-fi~ ic -- !OTAR!AL SEAL ~-~ HEAFFER, Notap/Public , Curnl~edand County °l My~_mi~ion Expires April g.3, L~O.? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA WILLIAM L. CARTER, Plaintiff, SHERRY BITTINGER, Defendant Civil Action - Custody ORDER AND NOW, this _~C ~, , day of ~'e_~co ~,-}_, 2003, upon presentation of the foregoing Stipulation For Entry of an Agreed Order of Custody, the following as hereinafter recited is an Order of Court: IT IS FURTHER ORDERED THAT: This agreement shall replace all any and all other previous Orders issued by this or any other Court relating to the Custody of the aforementioned child. 1. The Father shall have Primary Physical Custody of the Noah T. Caner. The Father shall have Primary Legal Custody of Noah T. Carter. 2. The Mother shall have Partial Physical Custody of Noah T. Carter subject to father's right of primary physical custody. 3. Both Mother and Father shall have Shared Legal Custody of Keyarrha K. Carter. 4. The Mother shall have Joint Physical Custody of Keyarrha T. Carter 5. The father shall have Joint Physical Custody of Keyarraha K. Caner. 6. Mother shall have Custody of Noah T. Carter, for two days per week; with an overnight permitted at mother's discretion and provided that it does not interfere with Noah's counseling services. 7. Father shall have Primary Physical custody of Noah, at all other times that mother does not have custody. 8. Both mother and father shall have joint physical custody of Keyarrha 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 week. 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 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 I0:00 a.m. until ~[0:00 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 Easter 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 Keyarrha 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 iDay 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 year],y basis and the periods of custody 8. Both mother and father shall have joint physical custody of Keyarrha 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 week. 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 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 a.m. until ].0:00 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 Easter 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 Keyarrha 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 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 appear before the court for the presentation of this stipulation and its incorporation as an order. The parties further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and should either party desire further or require further modification of said Order. BY TItE COURT,