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January 4, 2001
The Honorable Judge Edward E. Guido
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
RE: Petition for Adoption of Lisa Marie Swartz
162 Adoptions 2000
'Petition for Involuntary Termination of Parental Rights
162 Adoptions 2000
Complaint for Custody or visitation Rights
00-5115 Civil Term
Dear Judge Guido:
I am in receipt of the correspondence of Attorney John
Broujos dated January 2, 2001. I have enclosed an additional
copy of his letter both for your convenience and to eventually
include in the custody case file docketed at 00-5115 of the civil
term.
We have been notified of the separation of Christiane L.
Swartz and the proposed adoptive father, Gail V. Bentley, and
that there is no likelihood of reconciliation. Because Mr.
Fisher and I do not believe there is any possibility of
comprehensive settlement of the issues of support and custody, we
would request that the court reschedule a hearing on the custody
and adoption matters.
Currently there is a hearing scheduled before the court for
February 5, 2001 at 8:30 a.m. By stipulation of the parties,
this hearing had been set for the petition for adoption. Absent
the stipulation, the hearing would have been meant to review the
matter of the involuntary termination of parental rights. It is
my understanding that, by law, there can be no termination of
parental rights absent ancillary . adoption proceedings.
Therefore, we would ask that these matters be c10sed at that
time. In addition, we would ask that the remainder of the
scheduled time be set aside to deal with the issue of custody
and/or visitation.
-
Judge Guido
Page Two
January 4, 2001
If you desire briefs
kindly direct counsel as you
order for your review.
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and/or proposed findings of fact,
see fit. I have enclosed a proposed
If you have any questions or
contact either myself or opposing
MJE/sam
Enclosure
cc: John H. Broujos, Esq.
Greg Fisher (w.encl.)
concerns, please do hesitate to
counsel regarding this matter.
Very ~f!l.A.- ~y~~~~rs,
,f[C~/;' ,t]
Matt ew . helman, Esq.
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GREG E. FISHER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTIANE SWARTZ,
Defendant
00-5115 CIVIL TERM
ORDER OF COURT
AND NOW, this 20th day of November, 2000, the
attached O~der of Court dated October 8, 2000, in the
above-captioned case is hereby vacated.
By the Court,
Edward E. Guido, J.
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Matthew J. Eshelman, Esquire
For the Plaintiff
John H. Broujos, Esquire
For the Defendant
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GREG E. FISHER,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTIANE SWARTZ,
Defendant
00-5115 CIVIL TERM
ORDER OF COURT
AND NOW, this 8th day of October, 2000, the parties
are directed to file briefs in support of their respective
positions by close of business on Monday, November 20, 2000. Each
brief should contain proposed findings of fact and conclusions of
law, as well as any supporting legal authority. Argument will be
held in chambers on November 22nd, 2000, at 11:30 a.m.
By the Court,
Edward E. Guido, J.
Matthew J. Eshelman, Esquire
For the Plaintiff
John H. Broujos, Esquire
For the Defendant
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GREG E. FISHER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTIANE SWARTZ,
Defendant
CIVIL ACTION - LAW
NO. 00-5115 CIVIL TERM
ORDER OF COURT
AND NOW, this 16th day of November, 2000, by
agreement of the parties, the hearing scheduled in this
matter for November 29, 2000, is continued generally. We
will schedule a hearing at the request of either party,
By the Cour
Gt;:: 1i1o:JJ
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Edward E.
Matthew J. Eshelman, Esquire
For the Plaintiff
John H. Broujos, Esquire
For the Defendant
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GREG E. FISHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 00-5115
CHRISTIANE SWARTZ,
Defendant
: CIVIL ACTION - LAW
: CUSTODY
ORDER
AND NOW, this
day of
.2000, upon Petition of Defendant for
Continuance of Hearing on natural Father's request for custody of Child Lisa Marie Swartz,
hearing upon the Petition is set for the
day of
, 2000, at
o'clock m Courtroom
,Courthouse, Carlisle, PA 17013.
Notice shall be given forthwith to Plaintiff.
BY THE COURT:
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GREG E. FISHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 00-5115
CHRISTIANE SWARTZ,
Defendant
CIVIL ACTION - LAW
CUSTODY
PETITION OF DEFENDANT TO CONTINUE CUSTODY PROCEEDINGS
PENDING RESOLUTION OF ADOPTION PROCEEDINGS
Christiane 1. Swartz through her attorney John H. Broujos, Broujos & Gilroy, P.C., sets
forth the following:
1. Petitioner Christiane 1. Swartz, Defendant in the above custody proceedings, resides at
302 N. West Street, Carlisle, Pennsylvania. Gail Vernon Bentley and Christiane 1. Swartz were
married on September 12,2000.
2. She is the Mother of Lisa Marie Swartz, age 7.
3. Respondent Gregory E. Fisher, Plaintiff in the above custody proceedings, is the natural
Father of the child, Lisa Marie Swartz.
4. Respondent Gregory E. Fisher filed a complaint for custody of the child, to the above
number and term in Court of Common Pleas of Cumberland County.
5. Hearing was held by the Custody Conciliator on October 3, 2000. At that time, Petitioner
Christiane 1. Swartz testified that the natural Father had never visited or seen Child in the seven
years after birth and that she did not agree with any visitation by Father. She did not testify
about her terms for visitation since she felt he had abandoned Child and did not deserve
visitation. Since there was no agreement of the parties on visitation, hearing before the Court
has been set for Wednesday, November 7, at 1 PM.
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6. On November 6, 2000, Petitioner Christiane L. Swartz filed for Involuntary Termination
of Father's parental rights to No. , Orphan's Court of Cumberland County. At
the same time, Gail Vernon Bentley has filed a Petition for Adoption of Child to No.
7. Gail Vemon Bentley has spent time with Mother and Child prior to marriage and since
marriage, loves Child, has performed duties of a father (without holding himself out as father),
and desires to adopt Child.
8. Since Petitioner Christiane L. Swartz has filed for Involuntary Termination of Father's
parental rights, Petitioners request the Court to issue a supersedeas or continuance, continuing
the custody proceedings indefinitely, pending resolution of the adoption proceedings.
9. The reasons for this request are as follows:
a. Child was born out of wedlock. Upon the birth of Child, Father left after four
days and has never seen or visited with Child since that time.
b. Father has not sent any Christmas cards, postcards, birthday cards, letters, or other
communications to the child and has not inquired as to the health and education and
welfare of Child.
d. Father paid no support until an action was filed in Domestic Relations.
e. At no time until the present has filed an action for custody or visitation until the
current custody action.
f. Respondent took no action to visit the child or to obtain any court right for
custody or visitation until the Mother recently filed for additional support, indicating to
the Mother that he would file for custody if she filed for additional support.
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10. Petitioner seeks this remedy, since, in the event adoption is granted, a period of time with
the natural Father would be injurious to her relationship with the father image of Gail Vemon
Bentley. Whereas, after seven years, a hiatus of a couple months would not make any
significant difference in the relationship of natural Father and Child in the event adoption is not
granted. In addition, in granting the continuance, the Court should give substantial weight to the
statement by natural Father to Mother that if she files for additional support he would file for
custody, as evidenced by Father actually filing the custody petition only after she filed for
additional support. At least fOT the short period of determining the adoption petition, Father's
prior seven year de facto relinquishment of parental interest combined with this statement creates
a presumption that the Father is not interested in custody or visitation and is only interested in
obtaining leverage for reducing or eliminating his support.
WHEREFORE, Petitioner requests that the Court order a continuance, continuing indefinitely
the hearing for custody under the petition.
000 H Brou os, Esquire #6268
B OS&GILROY,P.C.
4 North Hanover Street
Carlisle, Pennsylvania 17013
717/243-4574 7171766-1690
FAJ(# 717/243-8227
Date: November 6, 2000
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I verify that the statements in the foregoing pleading are true and correct. I understand that
false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn
falsification to authorities.
Date: If - rrrCT<O
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OCT 2 4 20~
GREG E. FISHER,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 00-5115
CHRISTIANE SWARTZ,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this dfc,.fi.. day of O~ , 2000, upon
consideration of the Custody Conciliation Summary report, and it appearing that the
parties are in need of a hearing it is hereby ordered and directed as follows:
1. A Hearing is scheduled in Court Room # S of the
Cumberland County Court House, on the 9th day of No V E.n-.J Vi. , 2000,
at /: () (J o'clock f' m. , at which time testimony shall be taken. For
the purposes of the Hearing, the Father, Greg Fisher, shall be deemed to be the
moving party and shall proceed initially with testimony. Counsel for the parties and or
the parties pro se shall file with the Court and opposing counsel/party a Memorandum
setting forth each party's position on custody, a list of witnesses who are expected to
testify at the Hearing, and a summary of the anticipated testimony of each witness,
These Memoranda shall be filed at least$-days prior to the Hearing date.
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CC: John H. Broujos, Esquire
Matthew J. Eshelman, Esquire
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GREG E. FISHER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 00-5115
vs.
CHRISTIANE SWARTZ,
Defendant
CIVIL ACTION - LAW
CUSTODY
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
July 19, 1993
CURRENTLY IN CUSTODY OF
Lisa M. Swartz
Mother
2. A Conciliation Conference was held on October 11, 2000, with the following
individuals in attendance: Greg E. Fisher, the Father, and his counsel, Matthew Eschelman,
Esquire; and Christiane Swartz, the Mother, and her counsel, John Broujas, Esquire.
3. The parties did not reach an agreement at the Conference. Therefore, a hearing
will need to be scheduled. A hearing in this case will take approximately two hours. However,
that is simply an estimate. Because of Mother's refusal to participate in the Custody
Conciliation Conference and it is unclear what her objections are as to Father's involvement
with the minor Child.
4. Father's position is that he would like to have gradually increasing periods of
custody with his daughter. He claims that he has had no contact for five years despite
repeated verbal requests to Mother to be allowed to see Lisa. His proposed plan would be to
begin with short visits of one hour each initially for two months and then proceed to Sunday
afternoons each week for several months and gradually work toward a more involved Father-
Daughter relationship. He reports that this Child has never met her Maternal Grandparents,
Father states heretofore he has not had the financial means to afford to retain an attorney in
pursuit of a relationship with his daughter.
5. Mother's position: Mother appeared with counsel. When the Conciliator inquired
whether she would agree to some type of gradual introduction of th~ Father, into the Child's
life, she replied in a negative. The Conciliator's subsequent questions following were
answered by indicating her preference not to answer any more questions. Despite the
Conciliator's attempt to understand what Mother's concerns may be, she refused to participate
in the Custody Conciliation Conference. Therefore, Father requests a hearing be scheduled
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No. 00-5115
before the Court.
Date
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elissa Peel Greevy, Esquire
Custody Conciliator
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GREG E. FISHER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTIANE SWARTZ,
Defendant
00-5115 CIVIL TERM
ORDER OF COURT
AND NOW, this 8th day of October, 2000, hearing on
this matter is continued until November 29, 2000 at 1:00 p.m.
By the Court,
Edward E. Guido, J.
Matthew J. Eshelman, Esquire
For the Plaintiff
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John H. Broujos, Esquire
For the Defendant
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GREG E. FISHER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CHRISTIANE SWARTZ,
Defendant
00-5115 CIVIL TERM
ORDER OF COURT
AND NOW, this 8th day of October, 2000, the parties
are directed to file briefs in support of their respective
positions by close of business on Monday, November 20, 2000. Each
brief should contain proposed findings of fact and conclusions of
law, as well as any supporting legal authority, Argument will be
held in chambers on November 22nd, 2000, at 11:30 a.m.
By the Court,
Edward E. Guido, J.
John H. Broujos, Esquire
For the Defendant
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Matthew J. Eshelman, Esquire
For the Plaintiff
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GREG E, FISHER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
PLAINTIFF
V.
CHRISTIANE SWARTZ
00-5115 CIVIL ACTION LAW
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, this 27th day of July ,2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 214 Seuate Aveuue, Suite 105, Camp HiD, PA 17011 on the 22nd day of August ,2000, at 11:00 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 defme 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.
FOR TIlE COURT,
By: Isl
Melissa P. ree
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990, FOT 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 TIlE 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
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GREG E. FISHER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
No. 00 - ~IIS"
c'uLL ~
.
.
CHRISTIANE SWARTZ,
Defendant
: CIVIL ACTION - LAW
: FOR CUSTODY
ORDER OF COURT
AND NOW, this
, upon consideration of
the attached complaint, it is hereby directed that the parties and
their respective counsel appear before
,
the conciliator, at
, on
the
day of
2000, at
.M., 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. Either party may bring
the child who is the subject of this custody action to the
conference, but the child/children's attendance is not mandatory.
Failure to appear at the conference may provide grounds for entry
of a temporary or permanent order.
FOR THE COURT:
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
BAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
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CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
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GREG E. FISHER,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
: No.
.
.
CHRISTIANE SWARTZ,
Defendant
: CIVIL ACTION - LAW
: FOR CUSTODY
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AMERICANS WITH DISABILITIES ACT OF 1990
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;11, law t~h~oC:p~yt ~ft~o~~n :m~:~~ao!s c~:r~~~~bI~~~1~si~:teq~fr~~9~:
, 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.
,
,
,
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GREG E. FISHER, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
. No. Ci-O~$/IS &ud-r~
vs. .
.
:
CHRISTIANE SWARTZ, . CIVIL ACTION - LAW
.
Defendant . FOR CUSTODY
.
COMPLAINT FOR CUSTODY
The Plaintiff, Greg E. Fisher, through his attorney, Matthew
J. Eshelman of The Law Offi~es of Patrick F. Lauer, Jr., files this
Complaint for Custody against the Defendant, Christiane Swartz, and
in support thereof, avers the following:
1. The Plaintiff is Greg E. Fisher, an adult individual and
the natural Father, who currently resides at 805 Wellington Drive,
Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant is Christiane Swartz, an adult individual
and the natural Mother, who currently resides with her mothe~ Bev
Buckepile and two other children at 5 Stine Avenue, Carlisle,
Cumberland County, Pennsylvania 17013.
3. The Plaintiff seeks custody, partial custody, and/or
visitation of the following child:
Name
Present Address
Aqe
Lisa M. Swartz
5 Stine Avenue
Carlisle, PA 17013
DOB 07/19/93
Age 7
The child was born out of wedlock.
I
4. The child is presently in the custody of Christiane
Swartz, who currently resides at 5 Stine Avenue, Carlisle,
Pennsylvania 17013.
5. To the best of the Plaintiff's knowledge, information and
i belief, during the past five years, the child has resided with
Christiane Swartz and Bev Burkepile at 5 Stine Avenue in Carlisle.
6. The Mother of the child is Christiane Swartz, who
currently resides at 5 Stine Avenue Carlisle, Cumberland County,
Pennsylvania 17013, with her mother, Bev Burkepile.
7. The Father of the child is Greg E. Fisher, who currently
resides at 805 Wellington Drive, Carlisle, Cumberland County,
Pennsylvania 17013, with his wife, Judy Fisher.
8. The Plaintiff 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.
Iii 9. The Plaintiff has no information
III
I 'I concerning the child currently pending
II C01lllllonweal th.
of a custody proceeding
in any court of this
10. The Plaintiff does not know of a person not a party to
the proceedings, who has physical custody of the child or claims to
have physical custody or visitation rights with respect to the
child.
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11. The best interests and permanent welfare of the child
will be served by granting the relief requested because:
a). The Plaintiff can provide the child with a home
with adequate moral, emotional, and physical surroundings
as required to meet the children's needs;
b). The Plaintiff is willing to assume custody,
partial custody and/or visitation of the child;
c). The Plaintiff wishes to exercise parental duties
and should have the opportunity to engender the love and
affection of the child.
12. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
child has been named as parties to this action. All other persons,
named below, who are known to have or claim a right to custody or
visitation of the child will be given notice of the pendency of
this action and the right to intervene:
Basis of Claim
Name
Address
NONE
13. The parties have not reached an agreement in the form of
a written stipulation as to custody, partial custody, and
visitation of the child.
WHEREFORE, the Plaintiff respectfully requests that this
Honorable Court enter an Order granting custody of the child to the
Petitioner and natural Father, Greg E. Fisher in accordance
with any Stipulation of the parties, or in the event the parties
are unable to execute such a Stipulation, to enter an Order
granting custody, partial custody, or visitation of the child to
the Petitioner.
itted,
I 11q 00
'Date:
Matthew J. E helman, Esquire
Law Offices f Patrick F. Lauer, Jr.
2108 Market treet, Aztec Building
Camp Hill, Pennsylvania 17011-4706
1D# 72655 Tel. (717) 763-1800
....1_
GREG E. FISHER, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs. . No.
.
:
CHRISTIANE SWARTZ, . CIVIL ACTION - LAW
.
Defendant . FOR CUSTODY
.
VERIFICATION
I, Greg E. Fisher, state that I am the Plaintiff in the above-
captioned case and that the facts set forth in the above Complaint
for Custody are true and correct to the best of my knowledge,
information, and belief. I realize that false statements herein
are subject to the penalties for unsworn falsification to
authorities under 18 Pa. C.S. S 4940.
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G~E. Fisher
Date: /f - /.1 --00
JAK i"'~
GREG E. FISHER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
: CIVIL ACTION - LAW CUSTODY
: NO. 00-5115 CIVIL TERM
CHRISTIANE SWARTZ,
Defendant
.
.
PREVIOUSLY ASSIGNED J. GUIDO
ORDER OF COURT
AND NOW, this f~ day of r'.'~ 2001,
hearing is scheduled in this matter for February 5, 2001 at
a.m. Testimony previously taken in this matter and in
related matter of 162 Adoptions 2000 of the Orphans Cour
Division shall be incorporated at that hearing by reference/
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GREG E. FISHER,
Plaintiff'
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
vs.
No.
00 - 5115
.
.
CHRISTIANE SWARTZ,
Defendant
: CIVIL ACTION - AT LAW - CUSTODY
: PREVIOUSLY ASSIGNED TO J. GUIDO
FATHER'S PREBEARING MEMORANDUM
position on Custody:
Father has not seen child since shortly after her birth in
July 1993. Father has on several occasions over the years asked
permission to establish some type of relationship with the child,
but has each time been refused. Father has not been able to afford
to pursue the matter of custody/visitation through the courts until
now.
Father believes it is in the best interest of the child that
the two develop a relationship. Father believes he can provide a
wealth of information to the child, not the least of which includes
introducing her to her paternal grandparents, aunts, uncles and
cousins, all of whom are close in the Fisher family. Father has
partial custodial relationship with his other two children, and
sincerely believes his daughter would enjoy spending time with him.
Father was informed at the conciliation conference that the
child is in good health, emotionally and physically, and that the
child knows her mother's husband is not her biological father.
Father proposes a gradual and extended introduction, with the
first visit occuring from noon to 1 p.m. on the first Sunday
following an order or court-approved stipulation. This first visit
probably should be at a neutral site, such as a the McDonalds in
Carlisle; and a chaperone, even Mother, could be present if it
would make things more comfortable for the child.
Such lunch-time visitations would continue for at least one
hour each week for a period of three months, to include an
additional hour on Thanksgiving Day and Christmas Eve, at whatever
location and for such additional time as the parties may mutually
agree.
Commencing February 11, 2001, the visitation should extend
from noon to 5 p.m.. every other weekend, unless Mother should
petition the court for modification, for an additional period of
three to even six months. Then the visitation would increase to
partial physical custody, from Saturday at noon to Sunday at 5 p.m.
with shared legal custody between the parties.
Father's extended family meets for a family reunion, usually
on the first Sunday in August. Father should be permitted to
reserve that Sunday upon giving at least 30 days' notice to Mother.
Alternating holidays and two weeks each Summer would be Father's
ideal goal, provided that all goes well with the establishment of
a relationship with his ,daughter.
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witnesses:
Father, Greg E. Fisher, as to his desire to establish a
relationship with his daughter and the reasons therefor, as to his
experience and ability to serve as a non-custodial parent and how
such would be in the best interests of the child, and, if relevant,
as to his efforts to establish a relationship with the child and
Mother's refusal to permit him to do so.
Paternal Grandmother, Linda Fisher, purely as a corroborative
witness, by telephone if permitted by the court, as to having been
on the other extension during a phone conversation in mid-August
1993 between the parties during which Father requested visitation
of Mother and was refused.
Cumberland County Domestic Relations Conference Officer,
Melissa Calvanelli, by telephone if permitted by the court, as to
the existence of letter directing Domestic Relations not to
disclose her address to Father in December 1999 and.as to her
repeated and continuing refusal to disclose the whereabouts of the
child's babysitter.
Respe
" ubmitted,
Date: n(7!tiJ.
Matth J. Eshelman, Esquire
Law Office of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 72655 Tel. (717) 763-1800
Hill
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GREG E. FISHER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
No. 00-5115
CHRISTIANE SWARTZ,
Defendant
CIVIL ACTION - LAW
CUSTODY
MEMORANDUM
This is a Memorandum of Defendant Christiane Swartz, hereinafter referred to as Mother,
This is a brief which addresses three actions:
1. Adoption proceedings
2. Custody proceedings
3. Support proceedings
All cases and issues are discussed in this memorandum with a copy to be filed in each
case file.
I. ADOPTION
Proceedings filed with respect to proposed adoption of the child Lisa Marie Swartz,
hereinafter referred to as Child, include a Petition for Voluntary Relinquishment of Parental
Rights; Petition for Involuntary Termination of Parental Rights; and Petition for Adoption.
Motion for Discontinuance is being filed in the Petition of Gail Vemon Bentley for
adoption to No,162-2000,
Motion for Discontinuance is being filed in the Petition for Involuntary Termination of
Parental Rights, Action for Voluntary Relinquishment was discussed during the last hearing, to
be filed by Greg Fisher. This petition was never filed and will not be filed,
Consequently, there are no further proceedings with respect to adoption of the child.
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II. CUSTODY
Greg Fisher, hereinafter referred to as Father, filed an action in the above captioned case.
Initially, during the adoption proceedings, upon conclusion of the hearing, counsel was
advised by counsel for the Father that he would withdraw any action for support in return for the
agreement of wife not to pursue support for the child and to forgive arrearages,
Subsequently, counsel for the Father indicated that the Father changed his mind and
would seek custody and visitation determination by the Court and pay required support,
The Court had the opportunity to hear substantial testimony with respect to the
relationship of Father to Child, including an entire seven-year period of no contact: no visitation,
nO phone calls, no Christmas cards or birthday cards or birthday gifts, no inquiries as to the
condition of the child or the educational performance of the child, no bank account set up for the
child, and no performance of the most primitive acts of parenthood. Few of these allegations
were disputed, Testimony at the Relinquishment of Parental Rights hearing revealed that Father
admitted practically all of the allegations of non-contact; the Father had two other children whom
he abused, including yelling at, scaring, and intimidating the child Samantha, who cowered in the
comer after being berated; and failing to comply with support orders for the children, Child by
another woman said that he never wanted to see Greg again, refusing to call him father.
At the hearing scheduled for February 5, Mother will not produce duplicative testimony;
but will produce testimony supplementing the serious and unusual allegations of neglect ofthe
Child and his conduct toward other children.
Mother is adamant that visitation should not be given to the Father. The record is replete
with a complete disinterest in the child; abusive conduct toward other children of the Father; and
an absence of any parental feeling justifying subjection of the child to exposure to the Father.
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Application has been made for the Child to be examined by Stephen's Mental Health
Center with respect to the impact of Father's visitation upon the Child, Evaluation of the parties
should be completed to give the Court a full picture of this extraordinary situation,
Mother asks the Court to defer visitation until an evaluation has been completed by a
psychologist or psychologists concerning the impact of visitation on the Child; and determination
of a program of reintegration of the Father into a parental relationship.
The Court is urged to consider the extraordinary impact of a sudden emergence into a
paternal relationship of a Child that has not seen the Father and has never had any
communication of any form from the Father for over seven years,
Mother is concerned that this excellent student's school work will suffer, as well as her
emotional state,
Father has proposed a phased-in program of visitation, Mother will testifY as to her own
proposed phase-in, in the event the Court decides to permit phase visitation,
III. SUPPORT PROCEEDINGS
Mother is prepared to provide testimony on her income and expenses, in the event that
the Court awards visitation,
Respectfully submitted,
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o H. Br ujos, Esquire #6268
BR J & GILROY, P,C,
4 North Hanover Street
Carlisle, Permsylvania 17013
717/243-4574; 717/766-1690
FAX# 717/243-8227
Date: February 5, 2001
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GREG E. FISHER,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-5115 CIVIL TERM
CHRISTIANE SWARTZ,
Defendant
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND NOW, this 5th day of February, 2001, after
hearing, it is ordered and directed as follows:
1, Defendant Christiane Swartz shall have primary
physical custody of the parties' child, Lisa M. Swartz, born on
July 19, 1993.
2. The parties shall share legal custody of the
child.
3, The father shall be entitled to the following
periods of partial physical custody:
a. From noon until 2:00 p,m. every other
Sunday, commencing March 10, 2001, for three periods of
visitation.
b, From noon until 5:00 p.m, every other Sunday
for an additional six periods of visitation.
c, From 4:00 p,m, Saturday until 8:00 p.m,
Sunday every other weekend thereafter.
d. Such other times as the parties shall agree.
This visitation is to be complied with unless agreed
to otherwise by the parties or unless otherwise ordered by this
Court.
The first three periods of visitation shall be in a
supervised setting through the Dauphin County Inner Works
Program, unless the parties can agree upon some other supervised
setting, Costs of the supervised visitation to be paid by
father.
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Edward E. Guido, J,
Matthew J. Eshelman, Esquire
Attorney for Plaintiff
John H. Broujos, Esquire
Attorney for Defendant
Sheriff
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GREG E. FISHER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-5115 CIVIL TERM
CHRISTIANE SWARTZ,
Defendant
CIVIL ACTION - LAW
CUSTODY
AMENDING ORDER
AND NOW, this 7th day of March, 2001, Paragraph
3(a) of the Order of Court in the above-captioned matter dated
February 5, 2001, is amended to reflect that the father's
periods of partial custody shall commence on Sunday, March 11,
2001, rather than Sunday, March 10, 2001. In all other
respects, the Order shall remain the same.
By the Court,
John H. Broujos, Esquire
Attorney for Defendant
Sheriff U."J.tiJ}:WJ.....""J -;;es.
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Matthew J. Eshelman, Esquire
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