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HomeMy WebLinkAbout01-06014 MIRANDA FAITH CONROY, Plaintiff vs. JOSIAH L. FISHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. n/-GOIV CIVIL 2000 CIVIL ACTION LAW ORDER OF COURT AND NOW, this _ day of 2001, the attached Agreement is hereby made an Order of Court. Uvey gtw-rr vx?? ?n ? rid fr1, ?d f/JVn J--,s 1 L. - xo'lled ronolG BY THE COURT, 4i6"6. `J?+@fis"t0 eW.,u µ_d4.3. .?..c?r-„i..e. , ...._. -. _ev!, ze ±s3s uafaieVaY4?iilbpk. ..Hi9 '??d?WIbLS aFMbApnx)Atfeupl6M UxN?[8 m+m C7 a ? , rn rn -d i, LO MIRANDA FAITH CONROY Plaintiff Vs. JOSIAH L. FISHER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. v/_ LoI -t CIVIL TERM IN CUSTODY AND NOW, this 19th day of October, 2001, Josiah L. Fisher of 842 West North Street, Carlisle, Cumberland County, Pennsylvania, 17013 and Miranda Faith Conroy of 832 Factory Street, Carlisle, Cumberland County, Pennsylvania, 17013, wish to have a written understanding of matters pertaining to the custody and support of their minor child, Anna Marie Fisher, born August 24, 1999. The parties agree that primary physical custody of the child shall be with the Mother. The parties shall share legal custody of the child. The parties understand this to mean that they shall share the right to make major decisions affecting the best interests of the child, including, but not limited to, medical, religious and educational decisions. The parties agree that support of $80.00 per week shall be paid directly from the Father to the Mother. This amount may be modified by the parties as circumstances change and the Mother understands that she has the right to have the support determined by the state-wide support guidelines and that the matter would be handled by the Cumberland County Domestic Relations Office. Should the parties reconcile and reside with one another, then that shall effectively terminate the support obligation as set forth herein. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees to give support to the other in their respective roles in the child's life, and to take into account the concerns of the other for the physical and emotional well-being of the child. While in the presence of the child, neither party shall make, nor permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other party. It shall be the express duty of each party to uphold the other party as one whom the child should respect and love. Each party shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other party. Each party shall provide the other with a current telephone number and address for said contact. With regard to any emergency decisions which must be made, the party with primary physical custody of the child at the time shall be permitted to make the decision necessitated by the emergency without consulting the other party in advance. However, the party with primary physical custody making an emergency decision shall inform the other party of the emergency and consult with him/her as soon as possible. Day-to-day decisions of routine nature, including those related to medical care, shall be the responsibility of the party having physical custody at the time. Each party shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parties may, and are encouraged to, attend school conferences and activities, as their schedules permit. The parties agree that this Agreement may be entered as an order of Court. WITNESS: h (Seal) Josiah L. Fisher (Seal) Miranda Faith Conroy/- COMMONWEALTH OF PENNSYLVANIA ) ): SS. COUNTY OF CUMBERLAND ) On this, the 19 A day of ©C460W'`4'%_ , 2001, before me, the undersigned officer, personally appeared Josiah L. Fisher and Miranda Faith Conroy, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (seal) ? Angela F. User. TlotaN ?COU?Y CaAlsle floso. Ciunberland XPp?as Oct. 7.2004 My Commtasion F- rllembar,Pe^a?SY"jankaAsscciatland NOlaries do.dir/domestic/fisher.agr MIRANDA F. CONROY IN THE COURT OF COMMON PLEAS OF aka MIRANDA F. LASHER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent : V. NO. 2001 - 6014 CIVIL TERM JOSIAH L. FISHER, CIVIL ACTION -LAW Defendant/Petitioner IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER 1. Petitioner is Josiah L. Fisher, an adult individual currently residing at P.O. Box 1092, Lemont, Pennsylvania 16851. 2. Respondent is Miranda F. Conroy, aka Miranda F. Lasher, an adult individual currently residing at 14 Hellam Drive, Mechanicsburg, Pennsylvnaia 17055. 3. Petitioner seeks a custody modification by way of partial physical custody for the following child: Anna M. Fisher, born August 24, 1999. The parties are the parents of Anna M. Fisher. The child is presently in the primary physical custody of the Respondent pursuant to an Order of Court dated October 19, 2001 (see attached). Plaintiff and Defendant have followed this order or mutually agreed otherwise since the order's issuance date. 4. The relationship of Petitioner to child is that of natural father. 5. The relationship of Respondent to child is that of natural mother. 6. The parties have at all times participated as parties in this custody action. 7. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or in any other state. 8. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent well-being of the child will be served by granting the relief requested for the following reasons: a. Petitioner serves our nation as a member of the Armed Forces and will be leaving for Fort Sill, Oklahoma on or about June 2, 2008; b. Petitioner will thereafter be stationed in Germany beginning October 2008 for a three-year (3) tour; and c. Petitioner realizes that the best interest and well-being of the child will best be served by child staying with Respondent for the school year. Petitioner seeks physical custody of the child for the following times: i. Summer - from approximately a week after school ends to a week before school begins; and ii. Christmas - every other Christmas. WHEREFORE, Petitioner requests this Honorable Court to grant him partial physical custody of the child. Respectfully submitted, BARIC & S Robert J. Daile, Es uire I.D. # 203418 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Petitioner VERIFICATION I verify that the statements made in this Petition for Modification of Custody Order are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. dom. Josiah L. Fisher Date: May 12, 2008 MIRANDA FAITH CONROY, Plaintiff vs. JOSIAH L. FISHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-&01q CIVIL 2000 CIVIL ACTION LAW ORDER OF COURT AND NOW, this day of ? i , 2001, -the attached Agreement is hereby made an Order of Court. (_p v 91 w_r L To V 1Vi i egn and f0a1r-d Pa Jos1a? L. ?s?Oer 0?n{a( (rGct?QGt' IN '?49 ' 44 ;, 7 ten?g+ BY THE COURT, J ? MIRANDA FAITH CONROY Plaintiff Vs. JOSIAH L. FISHER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. o t_ 4, o r -t CIVIL TERM : IN CUSTODY AND NOW, this 19'" day of October, 2001, Josiah L. Fisher of 842 West North Street, Carlisle, Cumberland County, Pennsylvania, 17013 and Miranda Faith Conroy of 832 Factory Street, Carlisle, Cumberland County, Pennsylvania, 17013, wish to have a written understanding of matters pertaining to the custody and support of their minor child, Anna Marie Fisher, bom August 24, 1999. The parties agree that primary physical custody of the child shall be with the Mother. The parties shalt share legal custody of the child. The parties understand this to mean that they shall share the right to make major decisions affecting the best interests of the child, including, but not limited to, medical, religious and educational decisions. The parties agree that support of $80.00 per week shall be paid directly from the Father to the Mother. This amount may be modified by the parties as circumstances change and the Mother understands that she has the right to have the support determined by the state-wide support guidelines and that the matter would be handled by the Cumberland County Domestic Relations Office. Should the parties reconcile and reside with one another, then that shall effectively terminate the support obligation as set forth herein. r Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees to give support to the other in their respective roles in the child's life, and to take into account the concerns of the other for the physical and emotional well-being of the child. While in the presence of the child, neither party shall make, nor permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other party. It shall be the express duty of each party to uphold the other party as one whom the child should respect and love. Each party shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concem to the other party. Each party shall provide the other with a current telephone number and address for said contact. Ullith regard to any emergency decisions which must be made, the party with primary physical custody of the child at the time shall be permitted to make the decision necessitated by the emergency without consulting the other party in advance. However, the party with primary physical custody making an emergency decision shall inform the other party of the emergency and consult with him/her as soon as possible. Day-to-day decisions of routine nature, including those related to medical care, shall be the responsibility of the party having physical custody at the time. Each party shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parties may, and are encouraged to, attend school conferences and activities, as their schedules permit. The parties agree that this Agreement may be entered as an order of Court. WITNESS: (Seal) Josiah L. Fisher .6-24 PC (Seal) iranda Faith Conroy COMMONWEALTH OF PENNSYLVANIA ) ): SS. COUNTY OF CUMBERLAND ) On this, the 19 day of 2001, before me, the undersigned officer, personally appeared Josiah L. Fisher and Miranda Faith Conroy, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. do.diNdomeatidither agr (seal) V ? ? ?? ? -A s r?'?.?. ?-t c" ?? rw% w't7 .? ?' ? ?? ?' ._..? ..t. d ? ?. ? ?. MIRANDA F. CONROY IN THE COURT OF COMMON PLEAS OF aka MIRANDA F. LASHER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent : V. NO. 2001 - 6014 CIVIL TERM JOSIAH L. FISHER, : CIVIL ACTION -LAW Defendant/Petitioner : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on May 13, 2008, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, did serve a copy of the Petition For Modification Of Custody Order, by first class U.S. mail, postage prepaid, to the parry listed below, as follows: Miranda F. Conroy 14 Hellam Drive Mechanicsburg, Pennsylvania 17055 1 r .. a Z ck? MIRANDA F. CONROY A/K/A MIRANDA F LASHER PLAINTIFF V. JOSIAH L. FISHER DEFENDANT . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 2001-6014 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, May 19, 2008 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 22, 2008 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. 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/ ohn , Mangan, r. 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 '001AP AiN 9.0 :11 WV 61 M 9001 .0. MAY 872006„r6) Y MIRANDA F. CONROY A/K/A IN THE COURT OF COMMON PLEAS OF MIRANDA F. LASHER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 01-6014 CIVIL ACTION LAW JOSIAH L. FISHER, IN CUSTODY Defendant Prior Judge: J. Wesley Oler, J. ORDER OF COURT AND NOW this t?day of May 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders related to the instant matter/docket number are hereby VACATED. 2. Legal Custody: The Father, Josiah L. Fisher, and the Mother, Miranda F. Lasher, shall have shared legal custody of Anna M. Fisher, born 08/24/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Commencing in June of 2009, Father shall have physical custody of Anna for six (6) weeks in the summer; for the last two weeks of June 2009 through the end of July 2009. b. Commencing summer 2010 and for the summer of 2011, Father shall have two (2) months (eight weeks) of physical custodial periods with Anna, from the first weekend after the last day of school until eight (8) weeks later. C. The parties to this action may alter said weeks as mutually necessary or proper in Anna's best interest. d. Commencing Christmas 2009, Father shall have physical custody of Anna every other Christmas, the duration of said time by mutual agreement. e. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 4. Father shall be responsible for the transportation obligations (airfare to Germany) for the custodial exchanges, absent mutual agreement otherwise. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. When Anna is in Father's custody, Mother has the right to contact Anna every day. When Anna is in Mother's physical custody, Father shall contact Anna reasonably via e-mail >- CD Cr Cry Cam` L and in the absence of agreement otherwise, two (2) times per week on Wednesday and Saturday at 6:00 pm (E.S.T.). 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 8. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. ,Pistribution: ?}?usan Candiello, Esquire ? Robert Dailey, Esquire ?John J. Mangan, Esquire 'OF I le-S rn-at'LEL S/3J/MDa 4y' 1 By the Court, MIRANDA F. CONROY A/K/A MIRANDA F. LASHER, Plaintiff V. JOSIAH L. FISHER, Defendant Prior Judge: J. Wesley Oler, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6014 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL, PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Anna M. Fisher 08/24/1999 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 22, 2008 with the following individuals in attendance: The Mother, Miranda F. Lasher, with her counsel, Susan Candiello, Esq. The Father, Josiah L. Fisher, with his counsel, Robert J. Dailey, Esq. The parties agreed to the entry of an Order in the form as attached. Date John an, Esquire Cus dy Conciliator