HomeMy WebLinkAbout01-5750EDWARD W. NESBIT, JR.
Plaintiff
vs
DENISE J. FUHRER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL DIVISION - LAW
: NO.
: IN CUSTODY
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff: You may lose money or property or other rights important to you.
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, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
son Jake (deceased 1997)
Tony Peters (unmarried)
Denise & William Fuhrer
(married Oct. 1, 1999)
Denise & William Fuhrer
Wormleysburg, PA 17043
College Hill Road, Enola
308 Glenn Road
CampHill, PA 17013
June, 1999 to
May, 2001
May, 2001 to
present
The Mother of the child is Denise J. Fuhrer currently residing at 308 Glenn Road, Camp
Hill, Cumberland County, Pennsylvania 17011.
She is not married to Plaintiff.
The Father of the child is Edward W. Nesbit, Jr., currently residing at 506 S. Baltimore
Street, Dillsburg, York County, Pennsylvania 17019.
He is not married to Defendant.
On June 26, 1999 Plaintiff became married to Andrea Seibert.
The relationship of Plaintiff to the child is that of Father.
The Plaintiff currently resides with the following persons:
Name Relationship
Andrea Nesbit wife
Valerie Koppen stepdaughter
Jamie Koppen stepdaughter
The relationship of Defendant to the child is that of Mother.
The Defendant currently resides with the following persons:
Name Relationship
William Fuhrer husband
Eric Nesbit son
slammed Child into a mirror; hit Child in the head twice; causing a bump on the head for a week
or two, black and blue marks on the back; and hit Child in the head with his open hand.
C. On or about the summer of 2000, at or around dinnertime from 5:00-6:00 p.m.,
claiming that Child was "disrespectful", Bill kicked Child in his shins and fomed or pushed
Child's face into a table; causing injury and pain and a bruise on the shins.
D. Bill regularly embarrasses Child in front of people, calling him an f...ing moron,
a dummy, and stupid.
E. Periodically, Bill has threatened to put Child "through the wall" (sometime in the
year 2000); and has threatened Child in front of his friends in the house as "stupid", "I'11 kick
your ass", and "you might not live another day."
Bill also threatened Child with similar remarks in front of Child's step-
grandparents.
12. During the events that have been related above, Child relates that although Mother got
upset during some of these events, she made no effort to help Child. Plaintiff reported the events
of September 27, 2001 to Children & Youth Services, which talked with Father over the phone,
but did not personally interview Father or Child. In addition, Father reported the incident to the
East Pennsboro Township Police.
13. Child fears Bill and is forced into a situation where the Mother leaves at 7:00 a.m. to go
to the Osteopathic Hospital in Harrisburg, returning after 3:00 p.m., leaving Bill in the house all
day long, where he has a residential virtual office for AT&T.
14. On October 1, 1993, a custody order was entered in Dauphin County. A true and correct
copy of the Order is attached hereto as Exhibit A and made a part hereof.
15. The best interest and permanent welfare of the Child will be served by granting the relief
requested. Plaintiff is capable of providing for Child.
WHEREFORE, Plaintiffrequests this Court to grant custody of the Child to Plaintiff.
Date: October 3, 2001
mey for Plaintiff
3UJOS & GILROY, P.C.
4 North Hanover Street
Carlisle, Pennsylvania 17013
717/243-4574; 717/766-1690
FAX# 717/243-8227
DENISE JANE NESBIT,
Plaintiff
EDWARD WILLIAM NESBIT, JR.,
Defendant
I~! THE COURT OF
DAUPHI}! COU~rTY, PF:HrI.~.','[,VAr!I A
NO. 2859 S, 1992
CIVIL ACTION - I.AW
CUSTODY
9--R~ OF COUR~
AND NOW, to wit, this ~ ~.t day of
1993, the parties and their respective counsel, having appeared
a Custody Conciliation Co;]ference on Ma}' 21, 1993, before
Custody Conciliator, Sandra L. Meilton, Esquire, and having reach~,]
agreement with regard to th~ best interests and welfare of
minor children, Jake, born February 2, 1987, and Eric, born May 2~,
1988, it is hereby ORDERED AHD DECREED as follows:
1. Stanley E. Schneider, Ed.D., of Guidance Associates
of Penna. is hereby appointed by the Court to perform a
psychological evaluation of the parties and their children, Jake
and Eric.
2. The expense of Dr. Schneider's evaluation shall be
paid by Father.
3. Pending the results of the evaluatio~s, M~ther
have primary physical custody of the children, and Father
have partial physical custody of the children in accordance witch
tile following schedule:
a. Three out of every four weekends beginning on Friday
at 6:00 p.m. and continuing through Sunday at 8:00 p.m. This
schedule shall begin with Mother having the weekend beginning
Friday, June 11, and Father having the three following
weekends, i.e., beginni~g on Friday, June 18, Friday, June 25
and Friday, July 2.
The schedule shall then repeat with Mother
her custodial weekend on Friday, July 9, 1993.
b. On the Mondays following Mother's weekel{d, from
p.m. through 8:00 p.m.
4. The parties shall share the transportation necessa{-'~'
to effectuate this agreement with the transfer of custody taking
place at the Red Rabbit Restaurant, Route 322, Duncan*~i~.
Pennsylvania. The balance of the custodial schedule set forth
the Court Order dated September 11, 1992 shall continue to govevl~
the balance of the custodial schedule.
5. Upon completion of Dr. Schneider's evaluation, Lf
either party desires to have another Custody Conciliation
Conference or a full hearing on the matter, that party shall
request same. Ail such requests sha~l be filed w[~h the 2,,~',,!v
Conciliator who heard this case. This Order sha].l remain] Jn el'~,.,'~
until amended by Court or by agreement of the parties.
DENISE JANE NESBIT,
Plaintiff
EDWARD WILLIAM NESBIT, JR.,
Defendant
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 2859 S 1992
CIVIL ACTION - EQUITY
IN CUSTODY
STIPULATION
AND NOW, this __ day of August, 1994, Plaintiff Denise
Jane Nesbit, acting on the advice of counsel and Defendant Edward
William Nesbit, Jr., acting pro se, hereby agree and stipulate to
modification of the Court's September 14, 1992 Custody Order, as
follows:
1. The parties shall have equal and joint legal custody of
their minor children, Eric and Jake Nesbit. Physical custody
shall be shared by the parties, with Mother to have primary
physical custody at all times, except as follows:
(a) Father shall be entitled to physical custody
every other weekend from 4:00 p.m. on Friday
until 7:00 p.m. on Sunday, beginning on
September 3, 1994.
(b) On Mother's weekends, Father shall be
entitled to physical custody Friday evening
from 4:00 p.m. until 8:00 p.m.
(c) Each party shall be entitled to physical
custody for two uninterrupted weeks during
the children's summer vacation, upon one
month's notice to the other party.
(d) The parties shall share physical custody on
each major holiday, including Thanksgiving,
Christmas, Easter, New Year's Day, Memorial
Day, Labor Day and the Fourth of July. The
party who would have physical custody on the
day according to the schedule set forth in
paragraphs l(a), l(b) and l(c) shall have the
children until 3:00 p.m. At 3:00 p.m., the
other party shall assume custody until 8:00
p.m.
(e) Mother shall deliver the children to Father's residence
and Father shall return the children to Mother's
residence, in accordance with the above schedule,
unless otherwise mutually agreed.
2. The children's birthdays shall be shared by the parties
as they mutually agree.
3. Mother shall have custody on Mother's Day from
8:00 a.m. to 8:00 p.m. Father shall have custody on Father's Day
from 8:00 a.m. to 8:00 p.m.
4. The foregoing is deemed to be a minimum schedule of
contact between Jake and Eric and their father. Upon mutual
agreement, the schedule may be expanded in the best interests of
the children.
- 2 -
5. Each party shall encourage the children to honor,
respect and love the other party.
6. Each party shall at all times keep the other informed
of his or her place of residence and shall notify that other
party at least sixty (60) days in advance of any change or
residence.
7. The parties hereby pledge themselves to make every
effort to cooperate with each other in the spirit of providing
for the best interests of the children.
8. The parties further agree that this Stipulation shall
be entered as an Order of Court and shall have full force and
effect as if the matter had been tried and decided.
Witness
Denise Jane Nesbit,
Plaintiff
Witness Edward William Nesbit,
Plaintiff
EDWARD W. NESBIT, JR
PLAINTIFF
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND cOUNTY, PENNSYLVANIA
: 01-5750
CIVIL ACTION LAW
DENISE J. FUHRER
DEFENDANT : IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, October 04, 2001 .., upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Meehanicsburlg, PA 17055 on Thursday, November 01, 2001 at 12:30 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 ali existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/
Dawn S. Sunday. Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
EDWARD W. NESBIT, JR.
V.
DENISE J. FUHRER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2001-5750 CIVIL TERM
ORDER OF COURT
AND NOW, this 9TM day of OCTOBER, 2001, after a conference call with
counsel a hearing is scheduled for Wednesda¥~ October 10~ 2001~ at 11:00 a.m. in
Courtroom # 5 of the Cumberland County Courthouse, Carlisle, Pa.
John Broujos, Esquire
For the Plaintiff
Edward E. Guido, J. '\~.~
Susan M. Kadel, Esquire
For the Defendant
:sld
EDWARD W. NESBIT, JR., :
Plaintiff/Respondent:
DENISE J. FURHER, :
Defendant/Petitioner:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-5750 CIVIL TERM
ORDER OF COURT
AND NOW, this 10th day of October, 2001, the parties
having reached an interim agreement, the custody conciliation
scheduled for November 1st, 2001, at 12:30 p.m., before Dawn
Sunday is cancelled.
A custody hearing in this matter to be held before
this Court on Friday, December 21, 2001, at 8:30 a.m.
Susan M. Kadel, Esquire
For the Petitioner
John Broujos, Esquire
For the Respondent
Dawn Sunday, Esquire
it
By the
Edward E. Guido, J.
EDWARD W. NESBIT, JR.,
Plaintiff
V.
DENISE J. FUHRER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-5750 CIVIL TERM
ORDER OF COURT
AND NOW, this lOTM day of OCTOBER, 2001, by agreement of the parties, the
following temporary custody arrangement shall be in place pending further order of
court:
1.) Father, Edward W. Nesbit, Jr. and mother, Denise J. Fuhrer, shall have equal
and joint legal and custody of their child Eric Nesbit.
2.) They shall share physical custody of the child on an alternating weekly basis.
Mother shall have the period from today until after school on Wednesday,
October 17, 2001.
3.) The receiving parent shall provide transportation from school.
4.) The child shall attend the East Pennsboro School District. Father shall be
responsible for transporting him to and from said school during his periods of
custody.
5.) The parties will commence and continue counseling with an agreed upon
family therapist. The child, parents and spouses of the parents shall
participate as directed by the counselor. The parties shall share the cost on an
equal basis.
6.) The parties are encouraged to communicate openly, freely and frequently
regarding the welfare and best interests of the child.
Edward E. Guido, J.
John Broujos, Esquire
For the Plaintiff
Susan M. Kadel, Esquire
For the Defendant
Dawn Sunday, Esquire
Custody Conciliator
:sld
EDWARD W. NESBIT, JR.,
Plaintiff
VS.
DENISE J. FUHRER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-5750 CIVIL ACTION LAW
:
: 1N CUSTODY
ORDER OF COURT
AND NOW, this 11th day of October, 2001, the Conciliator, being advised by the Court
that the custody issues have been resolved by a Heating, hereby relinquishes jurisdiction. The Custody
Conciliation Conference scheduled for November 1, 2001 is canceled.
FOR THE COURT,
Dawn S. Sunday, Esquire
Custody Conciliator
EDWARD W. NESBIT, JR., :
Plaintiff :
DENISE J. FUHRER, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-5750 CIVIL TERM
agreement
their son,
follows:
ORDER OF COURT
AND NOW, this 21st day of December, 2001, by
of the parties, it is ordered and directed as follows:
1. Both parties shall have shared legal custody of
Eric Nesbit, born May 23, 1988.
2. Primary physical custody shall be in the Father.
3. Mother shall have partial physical custody as
(a) Every other weekend from Friday at
7:00 p.m. until Sunday evening at 9:00 p.m.
commencing on Friday, December 28, 2001.
(b) Commencing 2002, Mother shall have
the child from December 24 at noontime to
December 25 at noontime. Father shall have
custody December 25 to December 26 at noon-
time. Thereafter, the parties will alternate
custody during the Christmas holiday in the
same manner.
(c) The parties shall alternate the holidays
of Easter, Memorial Day, July 4 and Labor Day and
Thanksgiving. Mother shall have partial physical
custody on Easter of 2002.
Periods of holiday custody shall be from
the day before at 7:00 p.m. until 9:00 p.m. on the
day of the holiday.
(d) Regardless of the visitation schedule,
Father shall always have the child on Father's
Day and Mother shall always have the child on
Mother's Day.
4. Summer vacation shall be as follows:
(a) Father shall have uninterrupted physical
custody of the child after termination of school
to June 16.
(b) Mother shall have uninterrupted physical
custody of the child from June 16 to July 27.
(c) Father shall have uninterrupted physical
custody from July 27 to the commencement of school.
Thereafter, Mother's alternating period of
weekend physical custody shall resume the first
weekend after the first full week of school.
5. Father shall provide Mother with all report
cards, status reports, or other writings issued by the school
regarding Eric's education.
6. Father shall transport the child to Mother at the
commencement of each visit and Mother shall return the child to
Father at the end of visit.
Edward E. Guido, J.
John Broujos, Esquire
For the Plaintiff
Susan M. Kadel, Esquire
For the Defendant
srs