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HomeMy WebLinkAbout02-3272STEPHEN E. CARBERRY : : PLAINTIFF : V. : 02-3272 .. NICOLE ITTER DEFENDANT : IN CUSTODY _. ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Friday, July 19, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, August 07, 2002 at 2:30 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. 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/ .[acqueline M. Verney. 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 heating 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 VlNV/\'"I,(SNN]8 STEPHEN E. CARBERRY, PLAINTIFF, vi. NICOLE ITTER, DEFENDANT. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : : NO. 2002 ~'~ ~ ~ 2~ CIVIL TERM : IN CUSTODY PETITION FOR CUSTODY AND NOW, comes the Plaintiff, Stephen E. Carberry, by and through his attorneys, IRWIN, McKNIGHT & HUGHES, ESQUIRES, and files this Petition for Custody making the following statement: 1. The Plaintiff is Stephen E. Carberry, an adult individual residing at 42 Wagner Drive, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Nicole Itter, an adult individual residing at 428 Reno Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The parties are the natural parents of Zachary Itter, born July 29, 1994. 4. Since the date of birth, the minor child has resided with both the Plaintiff and Defendant on an equal basis until the minor child started school, at which time the Plaintiff received custody of the minor child every weekend and every Thursday through Sunday during the summers. 5. In the last five (5) years, the Defendant has changed her residence five (5) different times, and is currently considering moving to Baltimore, Maryland, with her boyfriend. 6. The Plaintiff believes and therefore avers that it is not within the best interest of the minor child to move to Baltimore, Maryland, with his mother, the Defendant. 7. The Plaintiff believes and therefore avers, also, that is within the child's best interest that he reside primarily with the Plaintiff so as to give the child more stability, especially through the school year. 8. The Plaintiff is married to Jennifer Carberry, and has a second child to this marriage, namely Tyler J. Carberry, bom July 21, 1998. 9. The best interests and permanent welfare of the minor child will be served if the Plaintiff is granted primary physical custody of the minor child. WHEREFORE, the Pla'mtiff respectfully requests that he be granted primary physical custody of the child and that the Defendant have partial physical custody at times and places mutually agreed upon between the parties. Dated: 7~ ,2002 Respectfully submitted, IRWIN, Mci{NIGHT & HUGHES Rebecca R. HugheS, Esquir[ Attorney for the Plaintiff 60 West Pomfi'et Street Carlisle, PA 17013 717-249-2353 Supreme Court I.D. No: 67212 VERIFICATION The foregoing document is based upon information which has been gathered by my 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. STEPHEN E. C.4R~Ii~RY Date: /~"'6~ ,2002 STEPHEN E. CARBERRY, PLAINTIFF, vi. NICOLE ITTER, DEFENDANT. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 2002 ..~.2 ~ 2- CIVIL TERM : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes the Plaintiff, Stephen E. Carberry, by and through his attorneys, IRWIN, McKNIGHT & HUGHES, ESQUIRES, and files this Petition for Custody making the following statement: 1. The Plaintiff is Stephen E. Carberry, an adult individual residing at 42 Wagner Drive, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Nicole Itter, an adult individual residing at 428 Reno Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The parties are the natural parents of Zachary Itter, born July 29, 1994. 4. Since the date of birth, the minor child has resided with both the Plaintiff and Defendant on an equal basis until the minor child started school, at which time the Plaintiff received custody of the minor child every weekend and every Thursday through Sunday during the summers. 5. In the last five (5) years, the Defendant has changed her residence five (5) different times, and is currently considering moving to Baltimore, Maryland, with her boyfriend. STEPHEN E. CARBERRY V. NICOLE ITTER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002~3272 CIVIL TERM : CUSTODY - CIVIL ACTION ORDER OF COURT AND NOW, this 15TM day of JULY, 2002, a hearing on Plaintiff's petition to preclude the removal of the child from Pennsylvania is scheduled for FRIDAY~ JULY 19~ 2002~ at 2:00 p.m. Pending said hearing neither party may remove the child from this Commonwealth without further order of court. By the Edward E. Guido, J. Rebecca R. Hughes, Esquire For the Plaintiff Nicole Itter 428 Reno Avenue New Cumberland, Pa. 17070 :sld 6. The Plaintiff believes and therefore avers that it is not within the best interest of the minor child to move to Baltimore, Maryland, with his mother, the Defendant. 7. The Plaintiff believes and therefore avers, also, that is within the child's best interest that he reside primarily with the Plaintiff so as to give the child more stability, especially through the school year. 8. The Plaintiff is married to Jennifer Carberry, and has a second child to this marriage, namely Tyler J. Carberry, bom July 21, 1998. 9. The best interests and permanent welfare of the minor child will be served if the Plaintiff is granted primary physical custody of the minor child. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court grant an Order stopping the parties from removing the minor child from the jurisdiction. Respectfully submitted, IRWIN, MeKNIGHT & HUGHES Dated: Rebecca R. Hughes, Esquir~ ' -~) Attorney for the Plaintiff 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Supreme Cou~t I.D. No: 67212 ,2002 VERIFICATION The foregoing document is based upon information which has been gathered by my 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 unswom falsification to authorities. STEPHEN E. Date: ~--t~7 ,2002 STEPHEN E. CARBERRY, Plaintiff NICOLE ITTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-3272 CIVIL TERM CUSTODY - CIVIL ACTION ORDER OF COURT AND NOW, this 19th day of July, 2002, after consultation with the parties, we enter the following temporary order: 1. The parties shall have joint legal custody of their son, Zachary Itter, born July 29, 1994. 2. Mother shall have primary physical custody. 3. Father shall be entitled to weekend visitation with the child every Friday from 7:15 p.m. until Sunday at 7:15 p.m. The parties shall choose a mutually agreeable location within the city limits of York to effectuate transfer of custody. This matter shall be forthwith scheduled for conciliation, and we will schedUle a hearing if a resolution cannot be made at the conciliation conference. By the Edward E. Guido, j. Rebecca R. Hughes, Esquire For Plaintiff Nicole S. Itter 428 Reno Avenue New Cumberland, PA Defendant, Pro se 17070 srs STEPHEN E. CARBERRY, Plaintiff V. NICOLE ITTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-3272 CIVIL TERM : : IN CUSTODY ORDER OF COURT AND NOW, this day of ,'~--lr'~ · ,2002, upon consideration of the attached Custody Conciliati/Sn Report, it is ordered and directed as follows: 1. A Hearing is sc~he_d_u[ed in Court Room No, ~ , of the Cumberland County Court House, on the..~O~day of~~2002, at /: O gl/ o'clock, /9. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. The Order of Court dated July 19, 2002, is hereby vacated. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Stephen E. Carberry, and the Mother, Nicole Itter shall have shared legal custody of Zachary Itter, born July 29, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 4. Mother shall have primary physical custody of the child. child: Father shall have the following periods of partial physical custody of the A. Every weekend from Friday at 6:00 p.m. to Sunday at 6:00 p.m. B. In the event the child has a school holiday that falls on a Monday, Father's weekend shall be extended to Monday at 6:00 p.m. 6. Transportation shall shared such that the receiving party shall transport the child. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido, J. cc: Rebecca R. Hughes, Esquire, counsel for Father Nicole Itter, pro se 428 Reno Avenue New Cumberland, PA 17070 STEPHEN E. CARBERRY, Plaintiff V. NICOLE ITTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : : NO. 2002-3272 CIVIL TERM : : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Zachary Itter July 29, 1994 Mother 2. A Conciliation Conference was held August 23, 2002, with the following individuals in attendance: The Father, Stephen E. Carberry, with his counsel, Rebecca R. Hughes, Esquire, and the Mother, Nicole Itter, pro se. 3. The Court previously entered an Order on July 19, 2002 anticipating Mother's move to Baltimore. The Honorable Edward E. Guido granted Mother primary physical custody with Father having every weekend from Friday to Sunday. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody. Father maintains that Mother has moved five times in the last five years creating instability in the Child's life. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having an alternating weekend schedule. Mother has decided not to move to Baltimore, but the child has lived primarily with Mother since he started school. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father having every weekend, Friday to Sunday. It is expected that the Hearing will require one day. Date J s~' 'ne M. Vemey Esquire Custody Conciliator