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HomeMy WebLinkAbout01-5503DONALD G. FITTING, JR., ANGILA M. FITTING, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. TERM : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. iF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, PA 17013 Phone: (717) 249-3166 DONALD G. FITTING, JR., Plaintiff ANGILA M. FITTING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : Ol : NO. 01- CIVIL TERM : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF TIlE DIVORCE CODE I. Plaintiffis Donald G. Fitting, Jr., who currently resides at 1233 Claremont Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Angila M, Fitting, who currently resides at 6403 Glenwood Street, Apartment 4, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on May 30, 1998, in Newville, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divome. 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. Date: onald G. Fitting, Plaintiff Greget~y l~Cutle~, Esq ' Attorney for Plaintiff 50 E High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 73471 DONALD G. FITTING, IR., ANG1LA M. FITTING, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01- 5503 C1VIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : COUNTY OF CUMBERLAND ) AND NOW, thi~ 12th day of October, 2001, I Gregory L. Cutler, Esquire, attomey for Donal G. Fitting, Jr., Plaintiff, in the above-captioned action, hereby swear that I have served a true copy of the Divorce Complaint, executed by the Plaintiff in the above-captioned matter, upon the Defendant by depositing the same in the U.S. Mail, postage prepaid, certified, ratum receipt requested. The original return receipt card signed by the l)efondant indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereo£ LAW OFFICES OF PAUL BRADFORD ORR Greg~ L.'~utler, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 I.D. # 73471 ~. ~by~/~'~tc/ea~) B. DateofDe~ DONALD G. FITTING, JR., Vo ANGILA M. FITTING, Plaintiff Defendant : IN THE COURT'OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 01- 5503 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 21, 2001. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are tree 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: ~ at _~oo~,~ Donald G. Ffttifig,., ~ DONALD G. FITTING, JR., Vo ANGILA M. FITTING, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 01- 5503 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 21,2001. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are tree 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. Ah~i~ M. Fi~ng,-D~t DONALD G. FITTING, JR., Vo ANGILA M. FITTING, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 01- 5503 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF TItE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit 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. Date: /~-~/~ ~/d ) Angi{/a M. Fitting} l~f~nd~ DONALD G. FITTING, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW ANGILA M. FITTING, i NO. 01-O-~'5'C~IL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of ., 2001, upon consideration of the attached Stipulation Regarding Custody, it is hereby ORDERED that: a. The father and mother shall enjoy shared legal custody of Joanna Marie Rodriguez, bom December 8, 1990, and Genesis Anne Fitting, bom December 29, 1996. b. The father shall be the primary physical custodian of the minor children. c. The mother shall have periods of partial physical custody as agreed by the parties. d. Both parties shall permit reasonable telephone contact with the children. e. Both parties agree to cooperate with one another in the implementation of the aforesaid agreement and understand and agree that other changes or modifications in the aforesaid schedule and/or time specified may be necessary to enable both parents to continue to foster and develop a good healthy relationship with the children. To that end, the parties agree to cooperate with one another to encourage the relationship of the children with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the child's relationship with either parent. f. Upon the knowledge of pending relocation, temporary or permanent, of either parent, each parent must immediately inform the other of his/her new address and telephone number. g. Both parties agree that neither shall move out of the jurisdiction of Pennsylvania with the children without consent of the other parent or court order. DONALD G. FITTING, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW Defendant : IN CUSTODY STIPULATION REGARDING CUSTODY 1. Plaintiff, Donald G. Fitting, Jr., resides at 1233 Claremont Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Angila M. Fitting, resides at 6403 Glenwood Street, Apartment 4, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Minor children who are the subject of this custody action are Joanna Marie Rodriguez, bom December 8, 1990, and Genesis Anne Fitting, born December 29, 1996. 4. Plaintiff is the biological father of Genesis Anne Fitting. 5. Plaintiff is the step-father of Joanna Marie Rodriguez. 6. Plaintiff has undertaken all responsibilities of a father regarding Joanna Marie Rodriguez since she was approximately four years old. 7. The biological father of Joanna Marie Rodriguez has had his parental rights terminated due to alleged sexual abuse of the child. 8. Defendant is the biological mother of the minor children. 9. Plaintiff and Defendant hereby agree to the entry of the following terms in an order of court defining custody rights and responsibilities in relation to the parties minor children: Joanna Marie Rodriguez and Genesis Anne Fitting. a. The father and mother shall enjoy shared legal custody of Joanna Marie Page 1 of 3 Rodriguez, bom December 8, 1990, and Genesis Anne Fitting, bom December 29, 1996. b. The father shall be the primary physical custodian of the minor children. c. The mother shall have periods of partial physical custody as agreed by the parties. d. Both parties shall permit reasonable telephone contact with the children. e. Both parties agree to cooperate with one another in the implementation of the aforesaid agreement and understand and agree that other changes or modifications in the aforesaid schedule and/or time specified may be necessary to enable both parents to continue to foster and develop a good healthy relationship with the children. To that end, the parties agree to cooperate with one another to encourage the relationship of the children with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the child's relationship with either parent. f. Upon the knowledge of pending relocation, temporary or permanent, of either parent, each parent must immediately inform the other of his/her new address and telephone number. g. Both parties agree that neither shall move out of the jurisdiction of Pennsylvania with the children without consent of the other parent or court order. 10. This agreement shall be effective immediately upon signature by both parties and its validity is not contingent upon court approval. WHEREFORE, the parties pray that the court enter the order attached hereto. Page 2 of 3 COMMONWEALTH OF PENNSYLVANIA ) 'SS. COUNTY OF CUMBERLAND ) ON THIS, the [}'~t/t- day of~.~l~l-t~ ,2001, before me, the undersigned officer, personally appeared Donald G. FiRing, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that the;' e-?,*~,4 the .qarO~ for the purposes therein contained. J IN ,_~_ TI~88aI~C'~REOF, I ~aereumo set my hand and official seal. / .??,.a,t/le_r L. Sm?h, Notary Public ~ ~anis~e bom Uumbedand County / [ My Commission Expires Apr. 7, 2003 / Member, F'~i~rv~ylvania Association o! Notaries D ,e: IJUIRIIU ,,.J. r ll. tlll~, .~ 1.~-..-~ (SEAL) Notarial Seal Heather L. Smith, Notary Public Carlisle Bom, Cumber and County My Commission Expires Apr. 7, 2003 ~ember, Pennsylvania Association ot Notaries COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY ctn E , r, ) ON ms, the /q-/L day of ~ ', 2001, before me, the undersigned officer, personally appeared Ang~ld M. Fitting, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. .... aAng~l,a M' Fitti /"'~ I Respectfully Submitted, THE LAW OFFICES OF PAUL BRADFORD ORR ' ,t~e~gl~y L. l~utler, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 73471 Page 3 of 3 DONALD G. FITTING, YR., ANGILA M. FITTING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01- 5503 CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2 Date and manner of service of the complaint: September 24, 2001 by certified mail. 3. Date of execution of the affidavit of consent required by Section 330 l(c) of the Divorce Code: bythe Plaintiff January 1, 2002; by Defendant December 28, 2001. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: January 3, 2002. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: January 3, 2002. Respectfully Submitted, THE LAW OFFICES OF PAUL BRADFORD ORR By: (r E~sq~ Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 Supreme Court ID # 73471 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .~.. PENNA. DONALD G. FITTING, JR., Plaintiff VERSUS ANGILA M. FITTING, Defendant NO. 5503 - O1 DECRee IN AN D NOW, DECREED That Donald G. Fitting, AND An~ila M. Fitting DIVORCE IS ORDERED AND Jr. , PLAINTIFF, , DEFENDANT, ARE DIVORCED fROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ATTEST: Jo PROTHONOTARY DONALD G. FITTING, Plaintiff ANGILA M. IRWIN, formerly ANGILA M. FITTING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 0f - 5503 CIVIL TERM : CUSTODY PETITION FOR MODIFICATION OF CUSTODY NOW comes the defendant, Angila M. Irwin, by her attorney, Harold S. Irwin, III, Esquire, and presents the following petition for modification of custody, representing as follows: 1. The defendant is Angila M. Irwin, formerly Angila M. Fitting, an adult individual residing at 215 West North Street, Carlisle, Cumberland County, Pennsylvania 17013, and is the mother of both children who are the subject of this action. 2. The plaintiff is Donald G. Fitting, an adult individual residing at 304 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 and is the father of Genesis Anne Fitting, one of the minor chili:lren who are the subject of this matter. 3. The parties are the parents of one child, Genesis Anne Fitting (born December 29, 1995, age 6 years); however, the defendant is also the mother of another minor child, Joanna Marie Rodriguez (born December 8, 1990, age 12 years). 4. From the time of her birth to the present, Joanna Marie Rodriguez has resided with the following individuals and at the following locations: A. Joanna has never lived with her father, Jose J. Rodriguez, whose parental rights were terminated in 1994 by Order of Court in Fresno County, California; and B. From her birth until January, 1995, Joanna resided with the defendant and defendant's mother, Kathleen Morikawa, in California; and C. Joanna resided with the parties in Oregon from January, 1995 until November, 1996; and D. Joanna resided with the parties in Newviile, Pennsylvania from November, 1996 until the Summer of 1999, when the parties were evicted from their residence due to a corruption of minors charge filed against the plaintiff; and E. Joanna resided with the parties in Carlisle, Pennsylvania from the Summer of 1999 until March, 2001, when the parties separated; and F. Joanna resided with the plaintiff at various locations in the Carlisle - Mechanicsburg area from March, 2001 to the present, subject to an agreement of the parties entered into at the time of the parties' separation. 5. From the time of her birth to the present, Genesis Anne Fitting has resided with the following individuals and at the following locations: A. Genesis resided with the parties in Newville, Pennsylvania from her birth on December 29, 1996 until the Summer of 1999, when the parties were evicted from their residence due to a corruption of minors charge filed against the plaintiff; and B. Genesis resided with the parties and (~lefendant in Carlisle, Pennsylvania from the Summer of 1999 until Marcia,, 2001, when the parties separated; and C. Genesis resided with the plaintiff at various locations in the Carlisle - Mechanicsburg area from March, 2001 to the present, subject to an agreement of the parties entered into at the time of the parties' separation. 6. On or about September 14, 2001, the parties entered into an agreement for the legal and physical custody of the children, which agreement was confirmed by Order of Court dated September 26, 2001. A copy of the Agreement and Order is incorporated herein by reference and attached hereto as I:xhibit "A". 7. Defendant has not participated as a party or' witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Defendant has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, other than the existing Order filed to this term and number. 8. Defendant does not know of a person not 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. 9. Plaintiff and his finance both work at night, resulting in a situation where these young children are required to remain at home alone all night on the majority of nights that plaintiff has physical custody of the children under the parties' current agreement. By the same token, when plaintiff returns home in the morning, he goes to bed and the children remain unattended during much of the day when not in school. 10. The parties current agreement was based on defendant's situation at the time of their separation and made on the condition that when defendant was back on her feet and able to give proper care to the children, the primary physical custody arrangement would be reversed. 11. Defendant is now working a daytime job, is married and is able to give proper care to the children and have them reside with her and her husband so that they have proper adult supervision, care and attention at night. 12. Defendant remains open and willing to sharing temporary physical custody of the children with the plaintiff at such times as he is not at work and is able to properly care for them. 13. Defendant believes and therefore avers thai: the best interests and permanent welfare of the children require a modification of the current Order, providing that she have sole legal custody of Joanna Marie Rodriguez, that the parties have joint legal custody of Genesis Anne Fitting, that defendant have primary physical custody of both children and that plaintiff have specified periods of temporary custody and visitation with the children in accordance with a schedule and under certain conditions which may be agreed upon at a conciliation to be held in this matter. WHEREFORE, defendant respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid. September , 2003 Afforney for defendan~ ~ 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION do hereby verify that the acts set fOrth in this petition are '(rue and correct, understand that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904, relating to unswom falsification to authori'(ies, AN~31~/.~ ~ IRWIN Defendant EXHIBIT "A" DONALD G. FITTING, JR., ANGILA M. FITTING, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COLTNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. o 1-3- C IL TEP Defendant : 1N CUSTODY ORDER OF COURT AND NOW, this; q:~,r--day of~ 2001, upon consideration of the attached Stipulation Regarding Custody, it is hereby ORDERED that: a. The father and mother shall enjoy shared legal custody of Joanna Marie Rodriguez, born December 8, 1990, and Genesis Anne Fitting, bom December 29, 1996. b. The father shall be the primary physical custodian of the minor children. c. The mother shall have periods of partial physical custody as agreed by the parties. d. Both parties shall permit reasonable telephone contact wir. h the children. e. Both parties agree to cooperate with one another in the irrtplementation of the aforesaid agreement and understand and agree that other changes or modifications in the aforesaid schedule and/or time specified may be necessary to enable both parents to continue to foster and develop a good healthy relationship with the children. To that end, the parties agree to cooperate with one another to encourage the relationship of the children with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the child's relationship with either parent. f. Upon the knowledge of pending relocation, temporary or permanent, of either parent, each parent must immediately inform the other of his/her new address and telephone number. g. Both parties agree that neither shall move out of the juris.:tiction of Pennsylvania with the children without consent of the other parent or court order. m T~iimony v,'~.~r~f. I h.~3r~ ,;~,i~ sei my DONALD G. FITTING, JR., : IN THE COURT .OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW Defendant : IN CUSTODY STIPULATION REGARDING CUSTODY 1. Plaintiff, Donald G. Fitting, Jr., resides at 1233 Claremont Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Angila M. Fitting, resides at 6403 Glenwood Street, Apartment 4, Mechanicsburg, Cumberland County., Pennsylvania, 17055. 3. Minor children who are the subject of this custody ac'fion are Joanna Marie Rodriguez, bom December g, 1990, and Genesis Anne Fitting, bom December 29, 1996. 4. Plaintiff is the biological father of Genesis Anne Fitting. 5. Plaimiffis the step-father of Joanna Marle Rodriguez. 6. Plaintiffhas undertaken all responsibilities ora father regarding Joanna Marie Rodriguez since she was approximately four years old. 7. The biological father of Joanna Marie Rodriguez has had his parental rights terminated due to alleged sexual abuse of the child. 8. Defendant is the biological mother of the minor children. 9. Plaintiff and Defendant hereby agree to the entry of the following terms in an order of court defining custody fights and responsibilities in relation to the parties minor children: Joanna Marie Rodfiguez and Genesis Anne Fitting. a. The father and mother shall enjoy shared legal custody of Joanna Marie Page 1 of 3 Rodriguez, bom December 8.1990, and Genesis .4ame Fitting, bom December 29, 1996. b. The father shall be the primary physical custodian of the minor children. c. The mother shall have periods of partial physical custody as agreed by the parties. d. Both parties shall permit reasonable telephone contact with the children. e. Both parties agree to cooperate with one another in the implementation of the aforesaid agreement and understand and agree that other change,,; or modifications in the aforesaid schedule and/or time specified may be necessary to enable both parents to continue to foster and develop a good healthy relationship with the children. To that end, the parties agree to cooperate with one another to encourage the relationship of the children with the other parent and agree to refrain from any and all conduct, activity, or communication which would adversely affect the child's relationship with either parent. f. Upon the knowledge of pending relocation, temporary or permanent, of either parent, each parent must immediately inform the other of his/her new address and telephone number. g. Both parties agree that neither shall move out of the jurisdiction of Pennsylvania with the children without consent of the other parent or court order. 10. This agreement shall be effective immediately upon signature by both parties and its validity is not contingent upon court approval. WHEREFORE, the parties pray that the court enter the order attached hereto. Page 2 of 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. ON THIS, the [}-~]t, day of~_, 2001, before me, the undersigned officer, p~rsonalty appeared Donald G. Fitting, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that t_~ey eveo,,*~d tho. ~amq~ for the purposes therein contained. . ] IN .WlTI~88g~f&IEREOF, I ~to set my h~d ~d offic~ se~. I ~ L. Smith, ~m~ Pu~ ~ , ua~is'eBoroCumbe~and~un~ . ~ / ~~ ~ My ~mmi~ion ~pires Apr. 7, 2063 ~ ~ /~ ~em~r, Penn~mn~ ~a~n et Nora,ss /V~Z ~ (SEAL) COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) ON THIS, the J~/~/]t.~ day of~~___, 2001, before me, the undersigned officer, personall--'~-appeared Ang~h/M. Fitting, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Date: ~ --'~ aAn~.M. Fitti~..~ _(/.I Respectfully Submitted, Notarial Seal Heather L. Smith, Notary Public Carlisle Bom, Cumberland Count,/ My Commission Expires Apr. 7, 2003 Member, Pennsylvania Association or Notanes THE LAW OFFICES OF PAUL BRADFORD ORR ,l~elg~{ry L. Cutler, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-S558 Supreme Court ID # 73471 Page 3 of 3 DONALD G. FITTING : PLAINTIFF : ANGILA M. IRWIN, FORMERLY ANGILA M. FITTING : DEFENDANT 1N THE COURT Ob' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5503 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, October 03, 2003 , 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 Friday, October 24, 2003 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 be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to aly0ear at the conference may provide grounds for m~try 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/ Hubert X. Gilroy. Esq. 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 Telephone (717) 249-3166 DONALD G. FITTING, Plaintiff V ANGILA M. IRWIN, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2001 - 5503 CIVIL : IN CUSTODY CO~TO~ER AND NOW, this ~g ~' ~'lay of December, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in. fourtroom Nt~ ~ of the Cut~berland County ~ourthouse on the~g~'~ day of fee.~~7 , 2004, at ~ .'$l ~ /t~ .M. at which time testimony wiJl be taken]n this case. At this hearing, the Mother, Angila Irwin, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall f'de with the court and opposing counsel a memorandum setting forth the history of custody in this ease, the issues currently before the court, a summary of each party's position on those issues, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. Pending further order of this court, this court's Order of September 26, 2001 shall remain in effect subject to the following modifications: Mother's periods of temporary physical custody with the minor children shall be a minimum of 3 out of 4 weekends, with the schedule to be arranged between the parties. The Christmas holiday shall be handled with Mother having custody of the children from Christmas Eve at Noon until Christmas Day at Noon. Father shall have custody from Christmas Day at Noon until December 29~ pursuant to a schedule agreed upon by the parties whereby the children will then be with Mother for the remainder of the Christmas break. The parties are encouraged to work between themselves in an effort to accommodate each other's work schedule in order to maximize each parent's ability to see the children. o In the event the parties feel another custody conciliation conference would be productive prior to the scheduled hearing date, either party's attorney may contact the conciliator directly to schedule that conference. Edward E. Guido CC-' ~aul B. Orr, Esquire ~Iarold S. Irwin, III, Esquire ~/Donald G. Fitting 60 Redstone Drive York Haven, PA 17370 12.-31 DONALD G. FITTING, Plaintiff ANGILA M. IRWIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2001 - 5503 CIVIL : IN CUSTODY Prior Judge: Edward E. Guido 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: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Joanna Marie Rodriguez, born December 8, 1990; and Genesis Anne Fitting, born December 29, 1996. A Conciliation Conference was held on December 18, 2003, with the following individuals in attendance: The Mother, Angila M. Irwin, with her counsel, Harold S. Irwin, III, Esquire; and the Father, Donald G. Fitting, Jr., appeared without counsel but indicated that he has retained Attorney Paul B. Orr. It should be noted that Father is not the biological parent of Joanna, but Father has had custody of Joanna and Genesis pursuant to a September 26, 2001 Order of Court which was entered in accordance with a Stipulation filed by the parties. Mother is seeking primary custody of both children. Father suggests primary custody should remain with him. The parties had reached an agreement whereby the children were seen by the Mother every weekend, with Mother suggesting that has not taken place since last summer and Father suggested it is a more recem development. The parties cannot reach an agreement with respect to a permanent order and a hearing needs to be scheduled. The conciliator recommends that the status quo be maintained relative to the custody arrangements. 5. The conciliator recommends the entry of an order in the form as attached. Hubert X. Gil.r..oy,/]~quire Custody Concilm~r DONALD G. FITTING, Plaintiff V. ANGILA M. IRWIN, Formerly ANGILA M. FITTING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : 01-5503 CIVIL TERM : : CUSTODY IN RE: CUSTODY/VISITATION ORDER OF COURT AND NOW, this 20th day of February, 2004, after hearing, all prior custody orders are vacated and replaced with the following: 1. The parties shall enjoy shared legal custody of Joanna Marie Rodriguez, born December 8, 1990, and Genesis Anne Fitting, born December 29, 1996. 2. Plaintiff, Donald G. Fitting, Jr., shall have primary physical custody subject to periods of partial physical custody by defendant, Angila M. Fitting, as follows: (A) During the school year, 3 out of 4 weekends, with the schedule to be arranged by the parties. (B) During the summer on the days father is working, with father having them on all days he is off, including vacation days that he takes from work. Provided, however, that each party shall be entitled to have at least one week uninterrupted custody of the children for a scheduled vacation, so long as the other party is given at least 30 days notice. (C) The holiday schedule shall be as agreed by the parties. (D) Such other times as the parties agree. (E) During mother's periods of partial physical custody, it shall be her responsibility to see that the children get to scheduled activities. 3. Both parties shall permit liberal, albeit reasonable, telephone contact with the children by the other. 4. Both parties shall cooperate with one another in the implementation of this custody schedule, and should understand that changes or modifications in the schedule may be necessary to enable both parents to continue to foster and develop a good healthy relationship with the children. To that end, the parties are directed to cooperate with one another and to encourage the relationship with the children with each other, and to refrain from any and all conduct, activity, or communication which would adversely affect the children's relationship with either parent. 5. This Court shall retain jurisdiction. Neither party shall move out of the jurisdiction of Pennsylvania with the children without the written consent of the other parent, or further Order of Court. By th~ Edward E. Guido, J. Paul Bradford Orr, Esquire 50 East High Street Carlisle, Pa 17013 For the Plaintiff Harold S. Irwin, III, 64 South Pitt Street Carlisle, PA 17013 For the Defendant Esquire :mae