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HomeMy WebLinkAbout07-0563JOSEPH HENRY FISHER, Jr., Plaintiff VS. JERI LYNN FISHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- o S1,3 CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Joseph Fisher, hereinafter referred to as Father. Father resides at 155 West North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Jeri Fisher, hereinafter referred to as Mother. Mother resides at 4 Maryland Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Father seeks primary physical custody of the minor children: Name Present Residence Age Jarrett Fisher 4 Maryland Drive 2/14/00 DOB; -7 yrs old Carlisle, PA 17013 Dakotah Fisher 155 West North Street 4/18/03 DOB; -4 yrs old Carlisle, PA 17013 Jarrett was born out of wedlock. Dakotah was born during the parties' marriage. The parties are married but separated on January 23, 2007. Mother snatched both children and left the marital residence to move in with her paramour. Father was able to obtain custody of Dakotah, but Jarrett is still in Mother's custody. Father has received threats from Mother's paramour that they will get Dakotah. During his lifetime, Jarrett has resided with the following persons and at the following addresses: Name Address Date Joseph Fisher, Jr. Wicinosco Street birth - 2/01 Jeri Fisher Wicinosco, PA Shawn Fisher Benjamin Fisher Rebecca Fisher Justin Fisher Joseph Fisher, Jr. 101 Hamric Drive 2/01- 4/18/03 Jeri Fisher Oxford, AL Shawn Fisher Benjamin Fisher Rebecca Fisher Justin Fisher Joseph Fisher, Jr. 101 Hamric Drive 4/18/03 -12/05 Jeri Fisher Oxford, AL Shawn Fisher Benjamin Fisher Rebecca Fisher Justin Fisher Dakotah Fisher JeriFisher New York 12/05 -1/06 Dakotah Fisher Lisa (unknown last name) Unknown Male - Lisa's husband Joseph Fisher, Jr. Harvon Motel 1/06 - 6/06 Jeri Fisher Carlisle, PA Benjamin Fisher Rebecca Fisher Justin Fisher Dakotah Fisher Joseph Fisher, Jr. Harvon Motel 6/06 -1/23/07 Jeri Fisher Carlisle, PA Rebecca Fisher Justin Fisher Dakotah Fisher Jeri Fisher 4 Maryland Drive 1/23/07 - present Faye Miller Carlisle, PA Barry Miller During his lifetime, Dakotah has resided with the following persons and at the following addresses: Name Address Dates Joseph Fisher, Jr. 101 Hamric Drive birth -12/05 Jeri Fisher Oxford, AL Shawn Fisher Benjamin Fisher Rebecca Fisher Justin Fisher Jarrett Fisher Jeri Fisher New York 12/05 -1/06 Jarrett Fisher Lisa (unknown last name) Unknown Male - Li sa's husband Joseph Fisher, Jr. Harvon Motel 1/06 - 6/06 Jeri Fisher Carlisle, PA Benjamin Fisher Rebecca Fisher Justin Fisher Jarrett Fisher Joseph Fisher, Jr. Harvon Motel 6/06 -1/23/07 Jeri Fisher Carlisle, PA Rebecca Fisher Justin Fisher Jarrett Fisher Joseph Fisher, Jr. Harvon Motel 1/23/07 -1/26/07 Rebecca Fisher Carlisle, PA Justin Fisher Joseph Fisher, Jr. 155 West North Street 1/26/07 - present Rebecca Fisher Carlisle, PA 17013 Justin Fisher 5. Father lives with the following persons: Name Relationship RebeccaTisher Daughter - prior marriage Justin Fisher Son - prior marriage Dakotah Fisher Son with Jeri Fisher Scarlett Mudd Sister Jeremy Mudd Brother-in-law Ben Mudd Nephew Sean Mudd Nephew Talisman Mudd Nephew Holly Mudd Niece Willow Mudd Niece Cheyanne Mudd Niece 6. It is believed that Mother lives with the following persons: Name Relationship Barry Miller Paramour Faye Miller Paramour's Mother Jarrett Fisher Son with Joseph Fisher 7. Father has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of the children in this or another court. 8. Father has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 9. Father 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. 10. The children's best interest and permanent welfare will be served by granting the relief requested for reasons including, but not limited to the following: a. Since the children were born, Father has shared in providing for their emotional, physical, educational, financial and medical needs. b. Since the children were born, Father shared equally in responsibilities for their daily care. C. Father is fully capable of caring for the children on a full-time basis. Father obtained primary physical custody of children from his prior marriage and has demonstrated an ability to adequately provide for and raise all of his children. d. Father is willing to communicate with and work cooperatively with Mother to co- parent the children and will encourage the mother/son relationships. 10. Mother has not acted in the children's best interests in ways including but not limited to the following: a. The first time Mother absconded with the children she met a couple online and took the children to New York without telling Father. It took Father a full month to locate Mother and the children and he then had to travel from Alabama to New York because Mother's new friends were throwing her out. b. This time Mother absconded with the children and left the marital residence to move in with her paramour. c. Father has reason to believe that Mother's paramour is an alcoholic and believes that Mother's paramour was recently released from prison. d. Mother's paramour has threatened Father, saying that he should not get too attached to Dakotah and that he should not leave Dakotah with anyone because they will get him back. e. Mother's driver's license is currently suspended but she continues to drive and uses a vehicle with an outdated inspection. f. Mother is aware that Jarrett suffers from asthma and still insisted on moving him into a home with two cats, which exacerbates his asthma and causes him to have trouble breathing. g. Mother previously lost custody of her older child and she is not able to provide the children with a stable, appropriate, safe environment on a primary basis. h. It does not serve Jarrett's best interests to be removed from his home, and it does not serve the children's best interests to be separated from each other. 12. Every person with rights to custody or having actual physical custody of the children has been named as parties to this action. WHEREFORE, Father requests this Court to grant him the following relief. 1. That the parties shall share legal custody of the children. 2. That Father shall have primary physical custody of the children. 3. That Mother shall have periods of partial custody at times and places agreed upon by the parties. 4. That the non-custodial parent shall have reasonable telephone contact with the children while they are with the other parent. 5. That the parties shall have an appropriate holiday schedule so that both parents can spend time with the children during various holidays. 6. That Mother is prohibited from removing the children from Cumberland or Dauphin Counties without providing Father with all contact information. 7. Neither party shall consume alcohol when the children are in their custody and neither party shall allow the children to be exposed to persons who have been consuming alcohol. 8. Any other relief this Court finds just and equitable. Jessila Fdlst, Esquire Mid enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Joseph Fisher, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ay Date : Js4eap_ V ?Fiher JOSEPH HENRY FISHER, Jr., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- CIVIL TERM vs. JERI LYNN FISHER, Defendant :CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Jeri Fisher, with a Complaint For Custody on , 2007 by certified mail, return receipt, restricted delivery, to the person an address below: Jeri Fisher 4 Maryland Drive Carlisle, PA 17013 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities Date: 1 a? J Signatur, L x. ? - Tl t1) zrr, _ t? ) C:7 JOSEPH HENRY FISHER, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07- 0 S (o 3 CIVIL TERM JERI LYNN FISHER, Defendant : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Joseph Fisher, Jr., Plaintiff, to proceed in forma ig eris. 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 providin free legal services to the party. Jess c Holst, Esquire Mi enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 `-- CT1 o - JOSEPH HENRY FISHER, Jr., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07- CIVIL TERM JERI LYNN FISHER, Defendant CUSTODY PQ 7 C`J :L PETITION FOR SPECIAL RELIEF N) Petitioner, Joseph Fisher, Jr., by and through his counsel, MidPenn Legal Services, stags the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as Father, who resides at 155 West North Street, Carlisle, Cumberland County, Pennsylvania 17013 2. Respondent is the above-named Defendant, and resides at 4 Maryland Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural and biological parents of the minor children Jarrett Fisher, born February 14, 2000 and Dakotah Fisher, born April 18, 2003. 4. There is no prior Custody Order in this matter. A Custody Complaint has been filed simultaneously with the filing of this Petition for Special Relief. 5. On January 23, 2007, Defendant absconded with the children to live with her paramour. Father was able to regain custody of Dakotah Fisher later that evening but has neither seen nor spoken to Jarrett since Janaury 23, 2007. .; 6. Defendant is not acting in the children's best interests for, reasons including, but not limited to, the following: a. The first time Mother absconded with the children s? e met a couple online and took the children to New York without telling Father. It took Father a full month to locate Mother and the children and he then had to travel from Alabama to New York because Mother's new friends were throwing her out. b. This time Mother absconded with the children and left the marital residence to move in with her paramour. c. Father has reason to believe that Mother's paramour is an alcoholic and believes that Mother's paramour was recently released from prison. d. Mother's paramour has threatened Father, saying that he should not get too attached to Dakotah and that he should not leave Dakotah with anyone because they will get him back. e. Mother's driver's license is currently suspended but she continues to drive and uses a vehicle with an outdated inspection. f. Mother is aware that Jarrett suffers from asthma and still insisted on moving him into a home with two cats, which exacerbates his asthma and causes him to have trouble breathing. g. Mother previously lost custody of her older child and she is not able to provide the children with a stable, appropriate, safe environment on a primary basis. h. It does not serve Jarrett's best interests to be removed from his home, and it does not serve the children's best interests to be separated from each other. 7. Father is the parent who can best provide for the children for reasons including, but not limited to, the following: a. Father is presently able to provide for the,children by giving them a nurturing and stable home environment and providing for their emotional, physical, medical and educational needs. 11 b. Since the children were born, Father has shared equally in caretaking responsibilities and has provided for their daily needs. c. Father will best ensure that Defendant is able to maintain a mother/son relationship with the children. d. Father has offered on several occasions to have Defendant visit with Dakotah but Defendant refuses to do so without her paramour present. Because of paramour's recent threats, Father will not allow him in the home and therefore, Defendant refuses to visit with Dakotah. e. Father is concerned about the impact of Defendant's actions on the children because this is the second time Mother has absconded with the children and in the past she did not stay in stable home environments where the children's best interests were made a primary concern. f. Father fears that the children's daily exposure to Defendant's lifestyle will have a negative impact on them. 8. Without this Court's intervention, the children are at risk of being harmed. Jarrett is at risk of harm by being denied contact with Father and Dakotah. Dakotah is at risk of harm by being separated from Jarrett and because of the threats from Mother's paramour that they will try to take Dakotah again. WHEREFORE, Father respectfully requests that the Court order the following: a. That Defendant shall immediately return Jarrett to Father's custody and Father shall retain custody of Dakotah. b. That this matter shall be scheduled for a custody conciliation to determine a more specific custody schedule regarding the children. P c. That until the conciliation the parties shall have shared legal custody of the children. d. That until the conciliation, Father shall have primary physical custody of the children. e. That until the conciliation, Mother shall have periods of partial physical custody at times and places as agreed to by the parties. f. Until further Order, Defendant shall not remove the children from Cumberland or Dauphin Counties without providing Father with all contact information for where the children will be. g. Any other relief this Court finds just and equitable. bmitted, Jessica PolstAEsquire Mi enn Leg Services 401 E. Louther Street Carlisle, PA 17013 i VERIFICATION The above-named PLAINTIFF, Joseph Fisher, verifies that the statements made in the above PETITION FOR SPECIAL RELIEF are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §49041 relating to unsworn falsification to authorities. Date: 11 ? t /O -) Joseph Fisher JOSEPH HENRY FISHER, Jr., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07- CIVIL TERM JERI LYNN FISHER, : Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Jeri Fisher with a Petition for Special Relief onfjhA.. 124 , 2007 by certified mail, return receipt, restricted delivery, to the person and address below: Jeri Fisher 4 Maryland Drive Carlisle, PA 17013 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. X 1. U Date: Y- i ? o n V f7j FT{ JOSEPH HENRY FISHER, JR., Plaintiff VS. JERI LYNN FISHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-563 CIVIL IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this ZT" day of February, 2007, a rule is issued on the defendant to show cause why the relief requested in the within petition ought not to be granted. This rule returnable five (5) days after service. BY THE COURT, Kevin. Hess, J. J5$8* a Holst, Esquire or the Plaintiff /ri Lynn Fisher, Defendant c/o Barry Miller 4 Maryland Drive Carlisle, PA 17013 :rlm ` r 03i toucl JOSEPH HENRY FISHER, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JERI LYNN FISHER DF FFNDANT 07-0563 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, February 05, 2007 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 Thursday, February 22, 2007 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 appear at the conference mav 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 hearinL. FOR THE COURT, Bv: /s/ Hebert X. Gilroy, Es q. 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-')166 , V-/ 4ypc -,v r `.'7.4 i4C? c LO--S' p JOSEPH HENRY FISHER, JR., : IN THE COURT OF COMMO PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PE SYLVANIA VS. : NO. 07-0563 CIVIL TERM JERI LYNN FISHER, IN CUSTODY Defendant/Respondent PETITION TO MAKE RULE ABSOLUTE Petitioner, Joseph Henry Fisher, Jr., hereby petitions to make the le absolute and in support therefore avers the following: 1. On January 29, 2007, Petitioner filed a Petition for Special Relief seeking the return of the minor child, Jarrett Fisher, to Plaintiff's custody. 2. On February 2, 2007, this Court issued a Rule Returnable five (5) days from service. 3. Service was completed on February 6, 2007. (See return receipt signed by Defendant and attached hereto as Exhibit A). 4. Defendant's five (5) days to respond to the Rule expired on February 12, 2007, because of the weekend. 5. To date, no response has been filed. WHEREFORE, Petitioner asks that this Court make the Rule absolute and grant the relief requested in the Petition for Special Relief. tted, Jessi a ols , Esq i 401 tast Louther t Carlisle, PA 1701 b 1 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. E. Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: li-i L 7 #-),,1 FS &- CX /a,/7Y /YI/A-- it A. Signature \: ? Agent X f ? Addresse Received by (Printed Name (0 [? r Is delivery address differ from item 1? ? Yes If YES, enter delivery address below: ? No -segim Type ' ' eMW Mail ? Express Mail f?Gz??I ,, J ? 13 Registered Wetum Receipt for Merchandls? O Insured Mail ? C.O.D. 4. Restricted Delivery? (Exds Fee) IPVV6 2. Article Number (Ttansfesrfromservice fates 7006 081q 0000 7883 6466 Ps Form 3811, February , 2004 Domestic Return Receipt 102595-02-M-15' UNITED STATE ?3..1.!'ikg l .):?t ?l.^.. I^._...h_-....1?4.a.`l,h t.1k?:4?"L ,.?. ..`- Ny+y; +?a.iy• Sender. Please print your name, address, and ZIP+4 in this box • Midpenn L(. gal ?,?rvices -401 E Louther Street Suite 103 Carlisle, PA 7013 %11111"M19aslS .iALLU"A111111.A-7LU.AL ?Wtl P I i JOSEPH HENRY FISHER, JR., : IN THE COURT OF COMMO PLEAS OF Plaintiff : CUMBERLAND COUNTY, PE SYLVANIA . VS. NO. 07-0563 CIVIL TERM JERI LYNN FISHER, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services hereby certify that I have served a copy of the foregoing Petition to Make Rule Absolute on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Jeri Lynn Fisher c/o Barry Miller 4 Marilyn Drive Carlisle, PA 17013 MidPenn LefaU *Wces. Inc. -'2)1 Date: , 2' U? Jess# Hblst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 4 rm .? D FEB 12 zom nod JOSEPH HENRY FISHER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-0563 CIVIL TERM JERI LYNN FISHER, IN CUSTODY Defendant ORDER AND NOW, this J T' day of February 2007, upon consideration of the Petition to Make Rule Absolute filed by MidPenn Legal Services on behalf of Plaintiff, Joseph Fisher, Jr.: 1. Defendant is Ordered to return the minor child, Jarrett Fisher, to Plaintiff's custody and 2. The police are hereby 9d to assist Plaintiff in obtaining custody of the minor child. By the Court: Kevin Hess, Judge a o? VINVM&,"NN3d ,, ri?, C0 :? Wd £ ! 83J t00Z KdVIONi HICdd 3Nl dO 30WO- IA • .- 4 Distribution: /Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street arlisle, PA 17013 Jeri Lynn Fisher, pro se Defendant c/o Barry Miller 4 Marilyn Drive Carlisle, PA 17013 JOSEPH HENRY FISHER, JR., Plaintiff/Petitioner VS. JERI LYNN FISHER, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-0563 CIVIL TERM : CUSTODY PRAECIPE TO WITHDRAW COMPLAINT FOR CUSTODY To the Prothonotary: Please withdraw without prejudice the Complaint for Custody brought by Plaintiff, Joseph Henry Fisher, Jr., in the above captioned case. submitted: Jessica Ilolst, Esquire MIDPENN LEGAL SERVICES 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 I.D. # 82214 i VERIFICATION The above-named PETITIONER, Joseph Hendy Fisher, Jr., verifies that the statements made in the above Praecipe to withdraw complaint for Custody are true and correct. PETITIONER understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: l b J ep Henry Fis r, Jr. i Q ?' G j; ? , „? ?? ? ?f ' ? ? -? .? , , ? ? ? ?r ? , -:-?; C'-? ?._ -' ..-? :G- Ct'? -rte _. ;?..? E`? -'' ~?? t3? MAR 0 8 2007, JOSEPH HENRY FISHER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW JERI LYNN FISHER, NO. 2007-0563 Defendant : IN CUSTODY COURT ORDER AND NOW, this 1" day of March, 2007, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. F:\FILES\DATAFILE\General\Current\12321\Fisher v Fisher relinquishing jurisdictian.wpd 1 1 ? ,J i n, 10 90 :9 H"I 9 -'VW LOU ElHi JO JOSEPH HENRY FISHER, Jr., IN THE COURT OF COMMON PLEAS Plaintiff/ Petitioner OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN CUSTODY JERI LYNN FISHER, Defendant/ Respondent No. 07-0563 CIVIL TERM AMENDMENT TO PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA R.C.P. 1915.13 AND NOW comes Joseph Henry Fisher, Jr., by and through his attorneys, the Family Law Clinic and amends his Petition for Special Relief Seeking Emergency Custody as follows: 14. The Honorable Judge Kevin A. Hess previously ruled on this matter. Respectfully submitted, Meg esmeyer 117 Supervising Attorney Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 `s JOSEPH HENRY FISHER, Jr., Plaintiff V. JERI LYNN FISHER, Defendant COMPLAINT FOR CUSTODY The plaintiff, Joseph Henry Fisher, Jr., by his attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The plaintiff is Joseph Henry Fisher, Jr., residing at 1349 Grandview Court, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Jeri Lynn Fisher, and her residence is unknown but believed to be in Perry County, Pennsylvania. 3. Plaintiff seeks primary custody of the minor child, Jarrett Dakota Fisher, born 2/14/2000, and minor child, Dakotah Paul Fisher, born 4/18/2003. Both children reside with Plaintiff. The child Jarrett was born out of wedlock. The child Dakotah was not born out of wedlock. The children are presently in the custody of Plaintiff, who resides at 1349 Grandview Court, Carlisle, Cumberland County, Pennsylvania 17013. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 07-0563 CIVIL TERM During the past five years the children have resided with the following persons at the following addresses: Persons Address Dates Joseph Fisher, Jr. Jeri Fisher Shawn Fisher Benjamin Fisher Rebecca Fisher Justin Fisher 101 Hamric Drive Oxford, AL 4/18/03 - 12/05 Jeri Fisher New York 12/05 -1/06 Lisa (unknown last name) Unknown Male (Lisa's husband) Joseph Fisher, Jr. Harvon Motel 1/06 - 6/06 Jeri Fisher Carlisle, PA Benjamin Fisher Rebecca Fisher Justin Fisher Joseph Fisher, Jr. Harvon Motel 6/06 - 1/23/07 Jeri Fisher Carlisle Rebecca Fisher Justin Fisher Jeri Fisher 4 Marilyn Drive 1/23/07 - 2/13/07 Faye Miller Carlisle, PA Barry Miller * Only Jarrett Fisher resided at the above-listed address. Joseph Fisher Safe House 1/23/07 - 2/13/07 Justin Fisher * Only Dakotah Fisher resided at the above-listed address. Joseph Fisher 1349 Grandview Court 2/13/07 - 9/13/08 Jeri Fisher Carlisle, PA Justin Fisher Joseph Fisher 1349 Grandview Court 9/13/08 - present Justin Fisher Carlisle, PA The mother of the children is Jeri Lynn Fisher. She is married. The father of the children is Joseph Henry Fisher, Jr. He is married. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons: Name Justin Fisher Relationship Son - prior marriage 5. The relationship of defendant to the child is that of mother. The defendant is believed to currently reside with the following persons: Name Relationship Tony Barclay Paramour 6. Plaintiff has participated as a party in other litigation concerning the custody of the children in this court. Plaintiff filed a custody complaint under the same docket in January 2007. Plaintiff subsequently withdrew that complaint on February 21, 2007. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, or any other state. Plaintiff 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. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has been the children's primary caretaker for all of the children's lives; b. Plaintiff provides the children with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the children's needs; c. Plaintiff has permitted contact between Defendant and the children and will continue to do so; d. Plaintiff is willing to accept custody of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant him shared legal custody and primary physical custody of the children, with Defendant having periods of partial custody. Respectfully submitted, Date: 9 / ftcqueHne Collette Certified Legal Intern r '?6 o ANNE CDONALD-FFOO MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Custody 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 sep Henry Fisher, Jr. laintiff + ,?, _ _? ..?.5 C1 ` -t? </'a j! _,- {`1"S ,1a ?a ,? ? , ? JOSEPH HENRY FISHER, Jr., Plaintiff/ Petitioner V. JERI LYNN FISHER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY Defendant/ Respondent : No. 07-0563 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Joseph Henry Fisher, Jr., Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date j4_ Z-s e? Respectfully submitted, icole Berman Certified Legal Intern MEG RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C-) 0 _ ?. cn {? 775 ? Cn lL - t ?. ti? i JOSEPH HENRY FISHER, Jr., Plaintiff/Petitioner V. JERI LYNN FISHER Defendant/Re spondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07 - 0563 CIVIL ACTION - LAW Custody PETITION TO PROCEED IN FORMA PAUPERIS Petitioner, Joseph Henry Fisher, Jr., pursuant to Pa.R.C.P. 240, hereby petitions to proceed In Forma Pauperis in the above captioned matter and in support thereof states the following: 1. The Family Law Clinic believes the petitioner is unable to pay the costs of this action and is providing him free legal service. 2. On September 25, 2008, The Family Law Clinic filed a Praecipe to Proceed In Forma Pauperis with the Prothonotary in the above captioned matter. 3. Jeri Lynn Fisher, the defendant in the above captioned case, has no known home address and must be served at her place of employment, Turkey Hill at 1 Crains Gap Road, Carlisle, PA 17013. 4. The Cumberland County Sheriff requires an Order of Court allowing the petitioners to proceed In Forma Pauperis before waiving the fee for Sheriff s Service in Cumberland County. WHEREFORE, pursuant to Pa.R.C.P. 240, the Family Law Clinic respectfully requests that the Court allow the Petitioner to proceed In Forma Pauperis. Respectfully Submitted, Date: 1 0 /(21 / og cln4yj cqu ine Collette Certified Legal Intern Meg iesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this Petition to Proceed In Forma Pauperis are true and correct to the best of my personal knowledge and belief. 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: i o f ©g Acquel a Collette Certified Legal Intern Meganiesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Aa r f°? ..? ? ui'l t't ?? ,?: ?:r ± ,, Lr , .. S..r ? ` _;, ._; , -?: ? _ SFP 252008 JOSEPH HENRY FISHER, Jr., Plaintiff/ Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY JERI LYNN FISHER, Defendant/ Respondent No. 07-0563 CIVIL TERM ORDER OF COURT AND NOW, this ,?e " day of 2008, upon consideration of the attached Petition for Special Relief, it is hereby Ordered as follows: 1. The petitioner, Joseph Henry Fisher, Jr., shall have shared legal and primary physical custody of his minor Children, Jarrett Dakota Fisher and Dakotah Paul Fisher. -1oh,d--7 -1oref o vbr' 2. This matter shall be sehedi, day of ?l?? '1008 or ,- scheduled for conciliation before a custody conciliator. oi?, asa3? ?co _ 8 O Or b r ,tvno JOSEPH HENRY FISHER, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JERI LYNN FISHER DEFENDANT 2007-0563 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 01, 2008 , 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 Thursday, October 23, 2008 at 8:30 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 hearing. FOR THE COURT, By: /s/ Hubert X. Gslro 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 Telephone (717) 249-3166 Aep" 000' "PW? all '7:Y r: S o };64 ??+ ?1N OCT 0 2 LUUd 01 JOSEPH HENRY FISHER, Jr., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 0563 JERI LYNN FISHER : CIVIL ACTION - LAW Defendant/Respondent : Custody ORDER OF COURT AND NOW, this --? ! day of 0-64,4, , 2008, upon Petitioner's Petition to Proceed In Forma Pauperis, it is hereby ordered and directed as follows: 1. The Petitioner, Joseph Henry Fisher, Jr., may proceed In Forma Pauperis in the above captioned matter. By the Court, : 0 CASE NO: 2007-00563 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FISHER JOSEPH HENRY JR VS FISHER JERI LYNN SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ORDER OF COURT was served upon FISHER JERI LYNN the RESPONDANT at TURKEY HILL at 2146:00 HOURS, on the 1st day of October , 2008 ONE CRANES GAP ROAD CARLISLE, PA 17013 JERI FISHER 18.00 5.00 .00 10.00 a true and attested copy of ORDER OF COURT PETITION FOR SPECIAL RELIEF, AMENDMENT, CUSTODY COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge to It, 4/e 8' 9 Sworn and Subscibed to before me this of by handing to So Answers: R. Thomas Kline 00/00/0000 FL By: day A. D. /_ J JOSEPH HENRY FISHER, Jr., Plaintiff V. JERI LYNN FISHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 07-0563 CIVIL TERM CERTIFICATE OF SERVICE I, Jacqueline Collette, Certified Legal Intern, Family Law Clinic, hereby certify the Cumberland County Sheriff served a true and correct copy of the Emergency Petition for Special Relief, Amendment to the Petition and Custody Complaint on Jeri Lynn Fisher, at the Turkey Hill at One Crains Gap Road, Carlisle, PA. Service was complete on the I" day of October 2008 as evidenced by the attached Sheriff's Return. j/jq IQ C.0 ic-quIne Collette Certified Legal Intern Meg iesmeyer, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 SHERIFF'S RETURN - REGULAR /-" CASE NO: 2007-00563 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FISHER JOSEPH HENRY JR VS FISHER JERI LYNN SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ORDER OF COURT was served upon FISHER JERI LYNN the RESPONDANT at TURKEY HILL 2008 CARLISLE, PA 17013 JERI FISHER by handing to a true and attested copy of ORDER OF COURT together with PETITION FOR SPECIAL RELIEF, AMENDMENT, CUSTODY COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 Sworn and Subscibed to before me this day of , at 2146:00 HOURS, on the 1st day of October So Answers: R. Thomas Kline 00/00/0000 FL By: A. D. C7j 4 OCT 14 M JOSEPH HENRY FISHER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW JERI LYNN FISHER, NO. 2007-0563 Defendant IN CUSTODY COURT ORDER AND NOW, this day of -i?,?p?? , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 4 of the Cumberland County Courthouse on the day of ?-2 ? {/l/lti1 2011$; at /d ' Oc3 01 6( _. m. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. Counsel for the Father and counsel for the Mother, or the Mother herself if she does not retain counsel, shall file with the Court and the opposing party or their counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be galled on behalf of each party, and a summary of the anticipated testimony of each witness. 2. Pending further Order of this Court, the following TEMPORARY custody Order is entered: A. The father, Joseph Henry Fisher, Jr., and the mother, Jeri Lynn Fisher, shall enjoy shared legal custody of Jarrett Dakota Fisher, born February 14, 2000, and Dakotah Paul Fisher, born April 18, 2003. B. The Father shall enjoy primary physical custody of the minor children. C. The Mother shall enjoy periods of temporary physical custody of the minor children as follows: v ? (1) Every other weekend from 5:00 p.m. on Friday until 8:00 p.m. on Sunday beginning October 24, 2008; and (2) At such other times as agreed upon by the parties. 3. Mother will provide transportation for drop off and pick up with Father paying Mother half of the transportation costs. 4. When the children are in Mother's custody, Mother shall ensure that the children are not alone with Anthony Barclay and shall also ensure that Mr. Barclay shall not impose any physical discipline on any of the children. 5. In the event a Children's Services investigation is completed or any criminal charges are filed, legal counsel for the Father may contact the Custody Conciliator again to schedule another Conciliation Conference after which the Conciliatory may recommend a modification of the above Order if he deems such a modification appropriate. BY THE COURT, ,-4i Kevin A. ess, Judge cc Ms Jacqueline Collette Jeri Lynn Fisher .V 11 ,-? :1 114 1 £ M 80az A- Ob JOSEPH HENRY FISHER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. JERI LYNN FISHER, Defendant Prior Judge: The Honorable Kevin A. Hess CIVIL ACTION - LAW NO. 2007-0563 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 children who are the subject of this litigation is as follows: Jarrett Dakota Fisher, born February 14, 2000 Dakotah Paul Fisher, born April 18, 2003 2. A Conciliation Conference was held on October 23, 2008, with the following individuals in attendance: the father, Joseph Henry Fisher, Jr., with his student attorney, Jacqueline Collette from the Dickinson School of Law Family Law Clinic, and the mother, Jeri Lynn Fisher, who appeared without counsel. 3. The Father presents a situation where he is desiring primary physical custody and is in agreement to give the Mother liberal periods of temporary custody. However, the Father insists that the children not be in the presence of the Mother's boyfriend, Anthony (Tony) Barclay. Father suggests that Mr. Barclay may have abused one of the children at a prior visitation. Mother denies that any such abuse took place. A Children's Services investigation is pending and no results of that investigation have been completed. However, the Father will not agree to any Order allowing Mr. Barclay to be in the presence of the children. 4. Despite Father's position, the Conciliator feels that the Mother is being sincere in her approach toward the case in agreeing to Father's proposed terms on visitation. The Conciliator believes the Mother will adequately protect the children and that an Order could be entered to ensure that protection pending a hearing. The Conciliator recommends an Order in the form as attached. Date: October 02 5 , 2008 44?44 011? Hubert X. Gilroy, Es ire Custody Concilia r JOSEPH HENRY FISHER, Jr., Plaintiff V. JERI LYNN FISHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 07-0563 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER 1. The petition of Joseph Henry Fisher, Jr., by his attorneys, the Family Law Clinic, respectfully represents that on October 31, 2008, an Order of Court was entered for custody of Jarrett Dakota Fisher, born February 14, 2000 and Dakotah Paul Fisher, born April 18, 2003, a true and correct copy of which is attached. Under the existing Order, Father has primary physical custody of the children. Mother has partial physical custody of the children. Mother is to have physical custody of the children on alternate weekends from Friday at 5:00 p.m. until Sunday at 8:00 p.m. and at such other times as agreed by the parties. The existing Order requires that when children are in Mother's custody, Mother shall ensure that the children are not alone with Anthony (Tony) Barclay and shall ensure that Mr. Barclay shall not impose physical discipline on any of the children. 2. This Order should be modified because: a. Mother told Father that she intends to leave the children with Mr. Barclay and his eighteen year-old daughter while she works on her custodial weekends. Mother works Friday, Saturday, and Sunday nights from about 4:00 PM or 5:00 PM until about 12 midnight. b. The child, Dakotah Paul Fisher, told Father that during Mother's custodial period on October 24 - October 26, 2008, Mr. Barclay bit the child, Jarrett Dakota Fisher. c. The child, Dakotah Paul Fisher, told Father that during Mother's custodial period on October 24 - October 26, 2008, Mr. Barclay touched him in his private area. d. The child, Jarrett Dakota Fisher, told Father that during Mother's custodial period on October 24 - October 26, 2008, Mr. Barclay touched him in his private area. e. In 2003, Mr. Barclay pled guilty to 175 counts of indecent assault on a person less than 16 years of age. He was sentenced to county prison time and to pay fines. f. Mother refused to see children on her custodial weekend of November 7 - November 9, 2008. Because of her weekend work schedule, Mr. Barclay would have had to leave the residence pursuant to the current Order of Court and the Perry County Children and Youth Service Safety Plan while Mother was at work because he cannot be alone with the children. Mother refused to ask Mr. Barclay to leave the residence during that period. Therefore, Mother chose not to exercise any custody of the children. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Father primary physical custody with Mother exercising partial physical custody and Mr. Barclay having absolutely no contact, whatsoever, with the children. Date: _j /, n In R c o i n acqu'dline Collette Certified Legal Intern "/ t 4 _2? m ? THOM M. PLACE ROBERT E. RAINS ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: 1I ?1U 1045 IN -1, J eph henry Fisher, Jr. OCT L 4 Z008c, JOSEPH HENRY FISHER. JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA S. : CIVIL :ACTION - I.AW ,IERI LYNN FISHER, NO. 2007-063 Defendant IN CUSTODY COURT ORDER AND NOW, this Sr day of In,, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Cou room No. 4 of the Cumberland County Courthouse opposing party or their counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called on behalf of each party, and a summary of the anticipated testimony of each witness. 200?yat 16--00 ?. m. At this hearing, the Father shall b the moving party and shall proceed initially with testimony. Counsel for the F er and counsel for the Mother, or the on Moth the Mother herself if she day of does not retain counsel, shall file with the Court and.the 2. Pending further Order of this Court, the following TEMPORARY custody Order is entered: A. The father, Joseph Henry Fisher, Jr., and the mother, Jeri Lynn Fisher, shall enjoy shared legal custody of Jarrett Dakota Fisher, born February 14, 2000, and Dakotah Paul Fisher, born April 18, 2003. B. The Father shall enjoy primary physical custodv of the minor children. C. I'hc Mother shall enjoy periods of temporary physical custody of the miner Children as (1) E\ery other weekend from 5:00 p.m. on Friday until 8:00 p.m. on Sunday beginning October 2=4. 2008: and (2) At such other times as agreed upon by the parties. I Mother will provide transportation for drop off and pick up with Father paying Mother hmff of the tr Tspamtron costs. 4. When the children are in Mother's custody, Mother shall ensure that the children are not alone with Anthony Barclay and shall also ensure that Mr. Barclay shall not impose any physical discipline on any of the children. 5. In the event a Children's Services investigation is completed or any criminal charges are tiled, legal counsel for the Father may contact the Custody Conciliator again to schedule another Conciliation Conference after which the Conciliatory may recommend a modification of the above Order if he deems such a modification appropriate. BY THE COURT, Kevin . Hess, Judge cc: Ms. Jacqueline Collette Ms. Jeri Lynn Fisher TRUE r t In Testimon,, :? . rv hand and r see'` pa. i JOSEPH HENRY FISHER, JR. Plaintiff vs. JERI LYNN FISHER, Defendant Prior Judge: The Honorable Kevin A. Hess IN THE COURT OF COMMON PLEAS OF C MBI:RLAND COUNTY. PENN SYLVAN 1A CIVIL AC HON - LAW NO. 2007-0563 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 children who are the subject of this litigation is as follows: Jarrett Dakota Fisher, born February 14, 2000 Dakotah Paul Fisher, born April 18, 2003 2. A Conciliation Conference was held on October 23, 2008, with the following individuals in attendance: the father, Joseph Henry Fisher, Jr., with his student attorney, Jacqueline Collette from the Dickinson School of Law Family Law Clinic, and the mother, Jeri Lynn Fisher, who appeared without counsel. 3. The Father presents a situation where he is desiring primary physical custody and is in agreement to give the Mother liberal periods of temporary custody. However, the Father insists that the children not be in the presence of the Mother's boyfriend, Anthony (Tony) Barclay. Father suggests that Mr. Barclay may have abused one of the children at a prior visitation. Mother denies that any such abuse took place. A Children's Services investigation is pending and no results of that investigation have been completed. However, the Father \N-ill not agree to any Order allowlno Mr. Barclay to be in the presence of the children. q. Despite Father's position, the Conciliator feels that the Mother is being sincere in her approach toward the case in agreeing to Father's proposed terms on visitation. The Conciliator believes the Mother xvill adequately protect the children and that an Order could be entered to ensure that protection pending a hearing. 5. The Conciliator recommends an Order in the form as attached. Date: October cl'- ? _. 2008 Hubert X. Gilroy, Esquire Custody Conciliator CERTIFICATE OF SERVICE I, Jacqueline Collette, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail, postage prepaid, this 10th day of November, 2008: Jeri Lynn Fisher 138 Wheatfield Lane Shermansdale, PA 17090 cque ne Collette Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 - JOSEPH HENRY FISHER, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JERI LYNN FISHER DEFENDANT 2007-563 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, November 14, 2008 , 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 Thursday, December 18, 2008 at 8:30 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. Gilroy, Es q. j W_/ 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 l4LWl..r'-!1 r"" `4 "?t 777 O t I -*C Wd h ! ON $OOZ 5ahl -1` AbViGN'uH108d -I.i..40 3" - 4'j-ClRA 1 DEC ?,q ? , JOSEPH HENRY FISHER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JERI LYNN FISHER, NO. 2007-563 Defendant IN CUSTODY COURT ORDER AND NOW, this day of December, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1 • This Court's prior Order of October 31, 2008, shall remain in effect and the hearing scheduled for February 5, 2009, at 10:00 a.m. shall remain as scheduled. 2• In order to enjoy custody of the minor children, the Mother must continue to ensure that the children are not alone with Anthony Barclay. Mother's desire to have this restriction lifted will be addressed at the hearing on February 5, 2009. BY THE COURT: Kevin . Hess, Judge cc: i'Ckinson School of Law Family Law Clinic /APIs. Jeri Lynn Fisher 4 __? °??- Imo; _._- -,.. . , t ' i ?w 'i ° ?```' ?. `._, . ..'? ? , .? ti ? ?] ` L` - ?- ' ? G? 5,.? -'- N ? a JOSEPH HENRY FISHER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JERI LYNN FISHER, Defendant CIVIL ACTION - LAW NO. 2007-563 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT The Conciliator conducted another conciliation conference in this matter based upon the filing made by the Father under a "Petition To Modify Custody Order". However, the Conciliator just conducted a conciliation conference six weeks ago and the case is scheduled for a hearing before Judge Hess in February. The issue at the second conference was whether Anthony Barclay was still being left to supervise the children. Paragraph Four (4) of the Order of Court entered in this case on October 31, 2008, specifically prohibited the Mother from allowing the children to be alone with Mr. Barclay. At the recent conference, the Mother suggested she needed to let the kids with Mr. Barclay while she was working. The Conciliator's position is that this issue needs to be addressed at the hearing before Judge Hess and the Father is currently within his rights under the existing Order to not send the children with the Mother unless the Mother is going to abide by Paragraph Four. Date: December I v , 2008 6X -- Hubert X. Gilro , Esquire Custody Conci ator JOSEPH HENRY FISHER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION LAW JERI LYNN FISHER, : NO. 2007-563 Defendant : IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Jeri Lynn Fisher in the above captioned custody case. Date: February 3, 2009 Respectfully submitted, ROMINGER & ASSOCIATES /oi "/Chad / D- "Joalm y, a , ?r Michael 0--Paletmo, Jr., Esquir 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff/Petitioner :..: c? is ? ? ? -..i JOSEPH HENRY FISHER, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW NO. 2007-0563 JERI LYNN FISHER, IN CUSTODY Defendant IN RE: TEMPORARY ORDER TO REMAIN IN EFFECT PENDING FINAL ORDER ORDER OF COURT AND NOW, this 5th day of February, 2008, after hearing, the court keeps open the record of this case for the purpose of receiving from counsel proposals with regard to an evaluation and/or counseling of the mother's paramour. By the Court, ?4J- Jacqueline 4iA Hess, Collette Certified Legal Intern Robert E. Rains, Esquire Family Law Clinic For the Plaintiff Michael Palermo, Esquire For the Defendant :bg b {,,{hen}?] JOSEPH HENRY FISHER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-563 CIVIL JERI LYNN FISHER, Defendant IN CUSTODY IN RE: CUSTODY ORDER AND NOW, this /3' day of March, 2009, after hearing, the temporary custody order of October 31, 2008, is herewith made a final order of court. The court will entertain modification following an evaluation of Mr. Barclay and compliance with any counseling which is recommended. Aacqueline Collette Certified Legal Intern Family Law Clinic For the Plaintiff -'- Michael Palermo, Esquire For the Defendant rlm ?? 1'F-5 yr.,-E La 31! 3/v 9 z-c BY THE COURT, no Q ? •Z Wd C I NVW 600V 3,01--LIO 03 i4J