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HomeMy WebLinkAbout07-1948LAURA A. CAMP-FIESELER and IN THE COURT OF COMMON PLEAS OF DAVID S. FIESELER, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. :CIVIL ACTION -LAW MICHELE S. FIESELER and NO. ~ ~' ~ 9 ~ CIVIL TERM JOSEPH B. MAZER, Defendants IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiffs are Laura A. Camp-Fieseler and David S. Fieseler, adult individuals currently residing at 101 South George Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendants are Michele S. Fieseler, an adult individual currently residing at 429 West Main Street, Second Floor, Mechanicsburg, Cumberland County, Pennsylvania, and Joseph B. Mazer, an adult individual currently incarcerated at York County Prison, 3400 Concord Road, York, York County, Pennsylvania. 3. The Defendants are the natural parents of one (1) child, namely, Phoenix Aidyn Mazer, born July 18, 2005. The Plaintiffs are the maternal grandparents (Laura A. Camp Fieseler is the step-grandmother and David S. Fieseler is the natural grandfather) of the child. The child was born out of wedlock. 4. For the past five (5) years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS Michele S. Fieseler 429 West Main Street, 2"d Floor Mechanicsburg, PA Michele S. Fieseler 429 West Main Street, 2"d Floor Joseph B. Mazer Mechanicsburg, PA Michele S. Fieseler 429 West Main Street, 2"d Floor Mechanicsburg, PA Michele S. Fieseler 101 S. George Street Laura A. Camp-Fieseler Mechanicsburg, PA David S. Fieseler Cheyenne Camp (Laura's daughter) Michele S. Fieseler Debra Denisar-Jordan (Joseph B. Mazer's mother) Christopher Jordan (Joseph B. Mazer's mother's significant other) 19 Centennial Street Fairfield, PA 17320 DATES March 6, 2007 to Present Apri12006 to March 6, 2007 February 2006 to Apri12006 November 2005 to February 2006 Birth to November 2005 The natural mother of the child is Michele S. Fieseler, who resides as aforesaid. She is single. 5. The natural father of the child is Joseph B. Mazer, who resides as aforesaid. He is single. The Plaintiffs are the maternal grandparents of the child, and reside as aforesaid. The relationship of the Plaintiffs to the child is that of maternal grandparents. The Plaintiffs currently reside with Laura A. Camp-Fieseler's daughter, Cheyenne Camp. 6. The relationship of the Defendants to the child is that of natural parents. Defendant, Michele S. Fieseler, currently resides with the child at issue, and Defendant, Joseph B. Mazer, is currently incarcerated. 7. Plaintiffs have not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the child. 8. Plaintiffs have no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfaze of the child to grant the relief requested as each of the natural pazents is facing criminal charges, already incarcerated and/or has been criminally chazged such that both of the natural pazents aze facing a possible long period of incarceration, and Plaintiffs can provide appropriately for the child. 10. Plaintiffs do not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. 11. The parties have reached an agreement in this matter and ask that the Court sign the Stipulation and Agreement being filed concurrently with the Custody Complaint as an Order. WHEREFORE, Plaintiffs request your Honorable Court to enter the Order regazding the parties' Custody Stipulation and Agreement, which is being filed concurrently with the Custody Complaint. Respectfully submitted, Hannah Herman-Snyder, Esquir~ Attorney for Plaintiffs GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: = % a~00 ~ .URA A. CAMP-FIE I verify that the statements made in the foregoing document 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 MAR ~ o a ~7 ~ .~ DAVID S. FIESELER \wh\' V~ ~ 'V (~ W ~~ ^~ o ~, ~ -~, _- ' ---~ T: ` ~..~ ;.' L. t ® ~1 ~"r _ ~i _ ~.... .. 1._i ~~ - W T ,lJ -.. ~~ ^'4 LAURA A. CAMP-FIESELER and DAVID S. FIESELER, Plaintiffs v. MICHELE S. FIESELER and JOSEPH B. MAZER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. ~ ~"~ 9 ~ CIVIL TERM IN CUSTODY CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between Laura A. Camp-Fieseler and David S. Fieseler, (hereinafter referred to as "Grandparents") and Michele S. Fieseler and Joseph B. Mazer, (hereinafter referred to as "Parents"). WHEREAS, Parents are the natural parents of one child, namely, Phoenix Aidyn Mazer, born, July 18, 2005 (hereinafter referred to as "child"); WHEREAS, the parties wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of the Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Grandparents shall exercise sole legal custody of the child. Grandparents shall have sole discretion in regards to decisions regarding the child's education, medical decisions or religious upbringing. • ,.: 2. Grandparents shall exercise primary physical custody of the child. 3. Any periods of partial physical custody and/or visitation between either of the Parents and the child shall be agreed upon between Grandparents and said parent. 4. Parents reserve the right, at the time they are no longer incarcerated, to petition the Court for changes to the current Custody Order. 5. It is affirmed that the Court of Common Pleas of Cumberland County, Pennsylvania, had jurisdiction over the issue of custody of the child in this case at the time the proceedings were initiated and, further, by agreement of the parties and Order of Court, the Court has retained jurisdiction over these matters so that it is appropriate for the Court to enter an Order of Court. Further, the parties request that the Court of Common Pleas of Cumberland County, Pennsylvania, enter this as an Order of Court. 6. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 7. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 8. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. ... 9. All prior Orders in this matter are hereby vacated. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: (, =t~ ~.~- - hu~. ~_ i~ Date LAURA A. CAMP IESELER ~ ~ ~ ~~ Date DAVID'S. LER D e :' C LE S. F SELER a8 ~-~ ~ ~- Date OS PH B. R COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF ~.(,rr~L~'~-~L~~. . On this, the 9~ day of r%GF'""'" , 2007, before me the undersigned officer, personally appeared Laura A. Camp-Fieseler and David S. Fieseler, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument and acknowledge that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ Z~sa~~ Notary Public ...._ NOTARIAL SEAL R09M1 J BASSETT COMMONWEALTH OF PENNSYLVANIA: Cw~.16d/~/ ss. wo-~..ti-,r,>IOO4 COUNTY OF On this, the ~ day of ~~,~) , 2007, before me the undersigned officer, personally appeared Michele S. ieseler, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set,~ny hand anc~.~official seal. NOTAFt1AL 6E.A! Public KRTY M. ~I.NlE38ER, Nob~ry Public Silver Spring Twp., Cumberf~nd Ccwtmr My Commission F~cpires July ?7, 2008 COMMONWEALTH OF PENNSYLVANIA: --- ~``~`°'~-- SS. COUNTY OF ~~~ On this, the 2 d day of ~~C~ , 2007, before me the undersigned officer, personally appeared Joseph B. Mazer, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALi'a OF PENNSYLYAMA Notarial Seal Derek R. Trone, Notary Public West Manchester Twp.. York Cou~pty My Commission Expires Jan. 12, 2008 Memk~er. Pennsvlvani~ F+ssa~?at;an of Notaries ,,.v.,,,,_..<.... • ~ ri,_:~ ~.., :w~. ,_ ~~ n~ -_., .~ xi,=- ~ ~4 ,_-~ _ - ~'_ .~' ~a ~~ ~ . ~, .. ~ ~? ~nn-° ~~ LAURA A. CAMP-FIESELER and : IN THE COURT OF COMMON PLEAS OF DAVID S. FIESELER, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. :CIVIL ACTION -LAW a7.i~y~ MICHELE S. FIESELER and NO. CIVIL TERM JOSEPH B. MAZER, Defendants IN CUSTODY ORDER OF COURT t~ AND NOW this ~ to day of {~ Q c .~ , 2007, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, ~'~ -- , cc: Hannah Herman-Snyder, Esquire Attorney for Plaintiffs Michele S. Fieseler, Pro Se Joseph B. Mazer, Pro Se ~-~' _' ,,. ~ J~ r h ~'~~ `r .. s Laura A. Camp-Fieseler and, David S. Fieseler, Plaintiffs v. Michele S. Fieseler and Joseph Brian Mazer, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION-LAW N0.07-1948 CIVIL TERM 1N CUSTODY PRAECIPE TO ENTER APPEARANCE To the Prothonotary: '~ rn ,~ ~ ~_ w ~; { T ' ~J) ~ > : . _ ~ r~ :z ~; S> ~ w ~ ~ -c Please enter the appearance of the Family Law Clinic on behalf of plaintiffs, Laura A. Camp-Fieseler and David S. Fieseler, in the above captioned matter. February 5, 2010 Patrick Schae r Certified Legal Intern ~~~ ~~ Robert E. Rains Megan Riesmeyer Thomas M. Place Anne MacDonald-Fox Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ,. .. •. Laura A. Camp-Fieseler and David S. Fieseler, Plaintiffs v. Michele S. Fieseler and Joseph B. Mazer, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 07-1948 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Patrick Schaeffer, Certified Legal Intern, hereby certify that I am serving a true and correct copy of the foregoing Praecipe to Enter Appearance this date by first class mail, postage prepaid upon the following persons: Joseph Brian Mazer (DM-5606) 1600 Walters Mill Rd. Somerset, PA 15510 Michele S. Fieseler Claremont Rehabilitation Center 100 Claremont Rd. Carlisle, PA 17013 Date: February 5, 2010 Patrick Schaeffer Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 r ~ JOSEPH B. MAZER, Plaintiff vs. DAVID S. FIESELER and LAURA CAMP-FIESELER, Defendants IN THE COURT OF COMMON PLEAS Ofi R ~-~ `~~o~ CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2009-7162 IN CUSTODY AND LAURA A. CAMP-FIESELER and DAVID S. FIESELER, Plaintiffs vs. MICHELE S. FIESELER and JOSEPH B. MAZER, Defendants IN THE COURT OF COMMON PLE S OF CUMBERLAND COUNTY, PENNS LVANIA CIVIL ACTION -LAW / a ~~ NO. 2007-1948 / o s ~ _ IN CUSTODY ~ t ° ` ,~ ~ ~~; ~C . r f- ~ ; .. ~ ~y COURT ORDER p ~ o cri ~ ~a NOW, this ~J day of March, 2010, upon consideration of the attach~d Custody Conciliation Report, it is ordered and directed as follows: 1. All filings in the above case shall hereafter be made at the docket numb~r of 2007- 1948. 2. The existing custody Order from April 16, 2007, shall remain in place su~ject to the following additions: A. The maternal grandparents, David S. Fieselerand LaruaCamp-Fi seler, shall continue to work with the paternal grandmother, Debra Denisar- ordan, and provide the Paternal Grandmother with reasonable visitation wit the minor child as they have in the past. B. The Maternal Grandparents shall continue to cooperate with pris n officials to allow the Paternal Grandmother to facilitate a trip for the mi or child to visit the Father in prison subject to meeting all of the requirem nts of the state correctional institution involved. C. The Maternal Grandparents shall endeavor to provide an atmosphere where the child enjoys some type of contact with the Father considering the fact that the Father shall be leaving prison in the future and the child will'il be having more contact with the Father at that particular time. 3. The petition filed by the father, Joseph P. Mazer, to transfer custody o~ the minor child to the paternal grandmother, Debra Denisar-Jordan, is dismissed. It is noted that the Paternal Grandmother is not a party to this action and. she would eed to take additional legal action to become a party. The Court is not determining t this point whether the Paternal Grandmother has standing to be a party, and that iss e could be litigated in the event she files any legal pleadings in this case. 4. This Order does not in any way prohibit the Father from filing an appropr ate petition at such time as he is released from prison in order for the Court to consider a modification of the existing custody Order. BY THE COURT, cc: ~ Patrick Schaeffer ~ MS. Debra DenisarJordan err. Joseph Brian Mazer e i~ s ,n~.c ~+~(~ 3i~ ~~~ JOSEPH B. MAZER, Plaintiff vs. DAVID S. FIESELER and LAURA CAMP-FIESELER, Defendants LAURA A. CAMP-FIESELER and DAVID S. FIESELER, Plaintiffs vs. MICHELE S. FIESELER and JOSEPH B. MAZER, Defendants Prior Judge: the Honorable M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2009-7162 IN CUSTODY AND IN THE COURT OF COMMON PLE S OF CUMBERLAND COUNTY, PENNS LVANIA CIVIL ACTION -LAW NO. 2007-1948 IN CUSTODY CONCILIATION CONFF,RENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE ~F 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 is as follows: Phoenix Aidyn Mazer, born July 18, 2005 A Conciliation Conference was held on February 26, 2010, with individuals in attendance: litigation following the maternal grandparents, David S. Fieseler and Laura Camp-Fi seler, with their counsel, Patrick Schaeffer of the Dickinson School of Law amily Law Clinic, and the father, Joseph B. Mazer, who appeared by tele hone. The Conciliator allowed the Father's mother, Debra Denisar-Jordan, who is the paternal grandmother, to participate in the conference in light of he unusual circumstances of this particular case. After reviewing all of the matters with the parties, the Conciliator recommends an Order in the form as attached. Date: March ~, 2010 I-1"ubert X. Gj~4•oy, Esquire Custody C nciliator IH "fHS C~JNT OF C~p4QH PLEAS OF Ct1MAER1.14ND t9QpNT~f, FENItB?Lt/ANIA '~ ~"' ~` ' "'~ Civil Action-Law PLaiatiffs No. 07-1948 CIVIL TERM v. Debra L. Deaiar--Jordoa IN CUSTODY Defendant AplL~CATI~ 'rO ~ t 1) 1 +~ a Defendant in the above captioned matter aQd because of m' fiaaacial coaditlon I a unable to pal the fees and costa of prosecutia; and action or proceediA;. 2) I as unable to obtain the funds Eros anyone, including failY and associates, to pat the coats of litisatioa ~) :I mat ,drat ~ #aEaaw~at#,®a . beer. relatia; to ~ 1 ~ pef thrr sad costa. is true and corrects (a) Naas Debra L. Denisar-Jordoa Addresst 14 Centennial 3t. P.O. Has 586, Fairfield, PA 17320 (b) E~ploTert None, Unen~plo~ed at current time (c) Other income within the lot 12 sonthss Bu~-iaess or profsssioas Hoaoaker ICJ Other self em*p1oYa~at t None t -' ~_' -~ Interest i Hoae -n ,`- ~ S=' {J~J Dirrideadst Hoge ~.... -- .._.: ` .FAi~soa and annuitiess Hone - _ ~ `'_ Social securit= benefitst Hone Support p~pmentst Hone L~ ~ ~° ==i Dsabilit,- pal-antst Hone - ` w ~= Marsluera Coa "O p+Mnsatioa beaefitss Nomt Public Assi„atarrcea Food 9taops is the a~at of ~97.OOCrwath Other= Hoae (d) Other hou~hold coatributionst Harre3 Christopher Jordoa Bptplo~rer s [Woos Foods Addrese~s Ortaaaa, PA Salar~-lwageas Appros. ~1,~t60.0OlHonth. Tf he seta the full +MO hrs./week _~ ~t-, .~ -~ Type of ~rerk: LAhorer (e) Property Owneds Automobiles: '97 Chary pick-up, 1987 Cher? Cavalier Crash s X0.00 Checking account; PNC Bank $12.52 joint Checking 5arings Account: $O.W Ce!rtifieatea of Deposit; ~loae Real Catate: None Stackal23onds s None (f) Debts and obligations Sills: ins ~7I.00'~. , Elec. t,222.{l0!mo. Water/Sewn, St54.00!3mos. f:ar insurance $50.42, IRS 332.43!mo. Trash SS3.49~3moa Abrt~gage: 5682.82 per month pfi~ g~ Isrberne~, $110.53/mo,Plumber,$25.i0so• Rent: Storage iJnit, :~fi0.00 per reonth Loans: None (g) Persons Dependent upon you for supports Biweekly care of Grandchildren 4) I understand [ here a continuing obligation to infor~a ttiA Court of any i®prorement of ray financial circumstnnce4 which would permit ~s~e to pay the costs incurred herein. 5) T verify the atet~enta wade in this affidavit are true end correct to the best of my knrnrledga. I undlretsnd th~st any false statements aede herein ore mkt subject to the penalties of 18 PA C.S. (sec.! 4904 relating to unsworn falsification to authorities. Date: ~ ~, Debra L. Deviser-Jordon P.O. Box 586 Fairfield PA !1320 .vrarav..va, r.V VG ~ ~. r -~ Debra L. Deai.sar-7or+dOn Plaintiff Vs. Darid S. Fieacler and Laura ~P-Fies+eler Defendants IN 1~ COOQT OF OQIDR pT.BAS OF (~ERLAIiD QOiOIITi, PEIIl~SYLVAIiIA CIYIL ACTION-LAV ~. zoos-1948 IN Custody Ii0?T0~ FOR APPOII~!!®IT OF C0O~ To the Honorable Judge of said Court: Comes now Petitioner, Debra Lee Denisar-7ordOn pro se, in the above captioned matter and Respectfully requests this Court to appoint counsel to represent her in custody and in support thereof states the following: 1) On April 16, 2007 this Court made an Order of Court Granting Custody of the minor child (Phoenix Aidyn Mazer) to the child's Maternal Grandparents. 2) On F.'ebruary 26; ZO10 a Custody Conciliation was held before Hubert %. Gilroy esq. 3) On March 3, 2010 the Honorable Judge Ebert made an Order of Court upon consideration of the Conciliator's report. 4) In said Order, visitation between-=the child and Paternal Grandmother (Plaintiff) was Granted and Maternal Grandparents were directed to endeavor to provide an atmosphere where the child enjoys some type of contact with the father. 5) Since said hearing, there have been complications and NONCOMPLIANCE regarding the child's contact with the Father and Visitation with the Paternal Grandmother. b) Petitioner is unemployed and cannot afford to hire Counsel to represent her in prose- cuting a Custody Action. 7) Petitioner, as a "Grandparent" fias been informed by Legal Services that she is pre- cluded from receiving their services. 8) Defendants, Maternal Grandparents, are currently being represented by the Penn State Family Law Clinic. ". 9) Paternal Grandmother, plaintiff, wishes to file a Complaint for Custody. WHEREFORE: Petitioner ReSpeCtf1111r~~equest this Honorable Court to GRANT this Motion for Appointment of Counsel. f7 ~ O/O' Date• Resp ly S mi , Debra Lee Denisar-7o DEBRA L. DENISAR-JORDAN V. DAVID S. FIESELER AND LAURA CAMP-FIESELER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1948 CIVIL IN RE: APPLICATION TO PROCEED IN FORMA PAUPERIS ORDER OF COURT AND NOW, this 23d day of August, 2010, upon consideration of Debra L. Denisar-Jodan's Application to Proceed In Forma Pauperis, IT IS HEREBY ORDERED AND DIRECTED that action on the application will be deferred pending receipt by the Court of a copy of the complaint in custody the petitioner intends to file in this Court. By the Court, lsk`? M. L. Ebert, Jr., ? Debra L. Denisar-Jordan P. O. Box 586 Fairfield, PA 17320 ,,6'avid S. Fieseler Laura Camp-Fieseler 101 South George Street Mechanicsburg, PA 17055 J. 0 V .w 0 ?c L f DEBRA L. DENISAR-JORDAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID S. FIESELER AND LAURA CAMP-FIESELER : NO. 07-1948 CIVIL ORDER OF COURT AND NOW, this 23rd day of August, 2010, upon consideration of Debra L. Denisar-Jordan's Motion for Appointment of Counsel, IT IS HEREBY ORDERED AND DIRECTED that the Motion is DENIED. This Court has no authority to appoint counsel in civil cases. By the Court, ?Debra L. Denisar-Jordan P. O. Box 586 Fairfield, PA 17320 ,,David S. Fieseler Laura Camp-Fieseler 101 South George Street Mechanicsburg, PA 17055 ccpi O.S M. L. Ebert, Jr., J. C ?C e e JOSEPH B. MAZER IN THE COURT OF COMMON PLEAS OF - : ^' 0 s PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANff:;o V. Ciro' Y.1 ' i 2007-1948 CIVIL ACTION LAW C-) y t, a i. fv ?e DAVID S FIESELER AND LAURA CAMP-=; FIESELER IN CUSTODY - ?" DEFENDANT ORDER OF COURT AND NOW, Friday, January 06, 2012 , 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, Mechanicsburg, PA 17055 on Tuesday, February 07, 2012 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/ Dawn S. Sunda 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 C'o'ry? d A4 & 'Cod rnsG ? ? 1?' y 47a1?0 Cor ?/ Telephone (717) 249-3166 °? or ?, the o%.,cfs f-11 ?an? ?'on?rl a ? r /biz LAURA CAMP-FIESELER, AND DAVID FIESELER Plaintiffs, V. JOSEPH B. MAZER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 2007-1948 rr? ? CIVIL TERM -n rn PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the Family Law Clinic on behalf of the Plaintiffs, Laura Camp-Fieseler and David Fieseler in the above-captioned matter. February 6, 2012 Veronica Padilla Certified Legal Intern M in D'Ur THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax (717) 243-3639 Fri,- CD LAURA CAMP-FIESELER, : IN THE COURT OF COMMON PLEAS OF AND : CUMBERLAND COUNTY, PENNSYLVANIA DAVID FIESELER Plaintiffs, V. : CIVIL ACTION - LAW IN CUSTODY JOSEPH B. MAZER and MICHELE S. FIESELR, Defendants : NO. 2007-1948 CIVIL TERM CERTIFICATE OF SERVICE I, Veronica Padilla, hereby certify that I am serving a true and correct copy of the Praecipe to Enter Appearance on the following persons, by depositing a copy of the same in the United States mail, postage prepaid, this date, February 6, 2012: Joseph B. Mazer 6460 Brandy Lane Mechanicsburg, PA 17050 Michele S. Fieseler Claremont Rehabilitation Center 100 Claremont Road Carlisle, PA 17013 Date: February 6, 2012 Veronica Padilla Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax (717) 243-3639 U JOSEPH B. MAZER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2007-1948 CIVIL ACTION LAW DAVID S. FIESELER and LAURA CAMP-FIESELER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2012, upon consideration of the attached Custody Conciliation Report, it is ordered d directed as follows: 1. The prior Orders of this Court are vacated and replaced with this Order. 2. The Maternal Grandfather, David Fieseler, the Maternal Step Grandmother, Laura Camp- Fieseler, and the Father, Joseph B. Mazer, shall have shared legal custody of Phoenix Aidyn Mazer, born July 18, 2005. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. No party shall impair any other party's rights to shared legal custody of the Child. The parties shall not attempt to alienate the affections of the Child from the other parties. Each party shall notify the other parties of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other parties. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other parties of the emergency and consult with them as soon as possible. All parties shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to any party. 3. The Maternal Grandfather and Maternal Step Grandmother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. Beginning Friday, February 17, 2012, the Father shall have custody of the Child on alternating weekends from Friday at 4:00 p.m. through Sunday at 7:00 p.m. Pending the follow-up conference scheduled in this Order and further Order of Court or agreement of the parties, the overnight portions of the Father's periods of custody shall take place at the home of the Child's maternal great grandmother. Otherwise, the Father's periods of custody shall be unrestricted and the Father may remove the Child from the maternal great grandmother's home during day or evening times to take the Child to visit the Father's relatives or elsewhere. B. In addition, the Father shall have custody of the Child on alternating Mondays, when the Father does not have a period of custody during the immediately preceding weekend, from 4:00 p.m. until 7:00 p.m. C. The Father shall provide transportation for all exchanges of custody at the home of the Maternal Grandfather and Step Grandmother and shall come to the door for the exchange but shall not enter the home. 5. The parties shall ensure that all exchanges of custody are accomplished in a cooperative and civil atmosphere to promote the Child's emotional well-being. 6. The Father shall take the Child to visit the Mother at the Claremont Nursing Home and Rehabilitation Center during his weekend periods of custody. 7. The Father shall be entitled to have reasonable liberal telephone contact with the Child. 9. Unless otherwise agreed, all contacts for the purpose of making any necessary adjustments to this schedule, making special custodial arrangements or addressing any other issues related to the Child shall be handled directly between the Father and the Maternal Grandfather. 10. The Maternal Grandparents shall contact the Child's counselor to facilitate arrangements for the Father to meet with the counselor to obtain guidance as to the Child's particular needs with regard to ADHD and the adjustment to regular periods of custody with the Father. 11. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Monday, April 30, 2012 at 10:30 a.m. to address the summer custody schedule and holidays. 12. This Order is entered pursuant to an agreement of the parties at 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. BY THE COURT, M. L. Ebert Jr. J. _C c? cc: •? Joseph B. Mazer -Father rnco N -n -4 s -- Veronica Padilla and Nr-- rr X V Martin J. D'Urso Esquire - Counsel for Maternal Grandparents ...<2> N -- C) o° Coe fiv , ed cyC-) ?p C= a. ?` n c)-n , ? --tom JOSEPH B. MAZER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2007-1948 CIVIL ACTION LAW DAVID S. FIESELER and LAURA CAMP-FIESELER Defendant IN CUSTODY Prior Judge: M. L. Ebert Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Phoenix Aidyn Mazer July 18, 2005 Maternal Grandparents 2. A custody conciliation conference was held on February 7, 2012, with the following individuals in attendance: the Father, Joseph B. Mazer, who is representing himself in this matter, and the Maternal Grandparents, David Fieseler and Laura Camp-Fieseler, with their counsel, Veronica Padilla and Martin J. D'Urso Esquire. Marissa Burkett, a student intern, also attended the conference. 3. The parties agreed to entry of an Order in the form as attached. L?VJ ?U G r'1 ?? C?U ( c?- - L'-J? Date -' Dawn S. Sunday, Esquire Custody Conciliator JOSEPH B. MAZER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2007-1948 CIVIL ACTION LAW DAVID S. FIESELER and LAURA CAMP-FIESELER Defendant : IN CUSTODY ORDER OF COURT ?a AND NOW, this !Z 3 day of M o. 2012, upon consideration of the attached Custody Conciliation Report, it is rdered and directed as follows: 1. The prior Orders of this Court in this matter are vacated and replaced with this Order. 2. The Maternal Grandfather, David Fieseler, the Maternal Step Grandmother, Laura Camp- Fieseler, and the Father, Joseph B. Mazer, shall have shared legal custody of Phoenix Aidyn Mazer, born July 18, 2005. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Maternal Grandfather and Maternal Step Grandmother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 4:00 p.m. through Sunday at 7:00 p.m. and on Mondays following weekends when the Father does not have custody, from 4:00 p.m. until 7:00 p.m. The Father shall have additional periods of custody over extended weekends and at other times for special occasions as arranged by agreement between the parties. 5. The parties shall share having custody of the Child on holidays as arranged by agreement between the parties. The Father shall have custody of the Child every year on Father's Day, with the specific times to be arranged by agreement. 6. The Father shall be entitled to have custody of the Child for one week each summer for vacation upon providing at least 30 days advance notice to the Maternal Grandparents. In 2012, the Father shall provide at least two weeks advance notice of his selection of vacation dates. The parties may arrange for additional vacation time for the Father each summer by agreement. 7. The parties shall ensure that all exchanges of custody are accomplished in a cooperative and civil atmosphere to promote the Child's emotional well-being. The Father shall provide transportation for all exchanges of custody unless otherwise agreed between the parties. 8. The Father shall be entitled to have reasonable liberal telephone contact with the Child. 9. Unless otherwise agreed, all contacts for the purpose of making any necessary adjustment to the schedule, making special custodial arrangements, or addressing any other issues related to the Child shall be handled directly between the Father and the Maternal Grandfather. 10. This Order is entered pursuant to an agreement of the parties at 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. BY THE COURT, )*t M. L. Ebert Jr. J. cc: ? Joseph B. Mazer - Father ? Veronica Padilla and ? Megan Riesmeyer Esquire - Counsel for Mother ?p?rs ma, lid s/3??1 n? C ,ev i t JOSEPH B. MAZER vs. DAVID S. FIESELER and LAURA CAMP-FIESELER Defendant Prior Judge: M. L. Ebert Jr. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA IN 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 CURRENTLY IN CUSTODY OF Phoenix Aidyn Mazer July 18, 2005 Maternal Grandparents 2. A custody conciliation conference was held on April 30, 2012, with the following individuals in attendance: the Father, Joseph B. Mazer, who is representing himself in this matter, and the Maternal Grandparents, David Fieseler and Laura Camp-Fieseler, with their counsel, Veronica Padilla and Megan Riesmeyer Esquire. 3. The parties agreed to entry of an Order in the form as attached. r ) Date ' Dawn S. Sunday, Esquire Custody Conciliator 2007-1948 CIVIL ACTION LAW JOSEPH BRIAN MAZER Plaintiff V. DAVID S. FIESELER and LAURA CAMP-fieseler Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 07-1948 IN CUSTODY CIVIL T * Fr -- '< 6 PETITION TO MODIFY CUSTODY 1. Plaintiff is Joseph Brian Mazer, an adult individual, residing at 20 Glenwood Drive, Biglerville, Adams County, Pennsylvania 17307. (Hereinafter referred to as "Father") 2. Defendants are David S. Fieseler and Laura Camp-Fieseler, adult individuals, residing at 101 South George Street, Mechanicsburg, Cumberland County, Pennsylvania. (Hereinafter referred to as "Grandparents", "Grandfather" and/or "Step-Grandmother") 3. Mother is Michele S. Mazer, an adult individual, residing at Claremont Nursing Home, 1000 Claremont Dr. Carlisle, PA 17013. 4. Plaintiff is the natural father of one (1) child, namely Phoenix Aidyn Mazer, born, July 18, 2005. 5. Defendants are the maternal grandparents (Grandfather and Step-Grandmother) of the child. 6. On April 16, 2007 an Order from the Cumberland County Courts was Granted, giving "sole legal custody" to Grandparents as both parents were facing a lengthy term of incarceration. 7. Father agreed, at that time, it was in the best interest of the child. 8. Mother was in a serious automobile accident in November of 2007 rendering her permanently incapacitated as decided by Cumberland County Court. 140 9. On March 3, 2010, in response to a pro-se Motion filed by the Father from prison and tele-conference with a Concilliator, it was Ordered, Grandparents "shall endeavor to provide an atmosphere where the child enjoys some type of contact with the Father..." 10. In January of 2012, Father filed a pro se Petition to Modify Custody. 11. On February 21, 2012, as a result of Concilliation, the Cumberland County Court granted Father partial custody of the Child to include overnight visitation and alternating Monday evening visits. 12. At said Concilliation, Father agreed that it would not be in the best interest of the child at that time for the Father to have full custody as Father was not in the position to provide for the child or offer reasonable living accomodations. 13. On May 23, 2012, after the final Concilliation of this record, it was agreed and Ordered that the February 21, 2012 Order would remain and be broadened to include "additional periods of custody overextended weekends and other times" and "one week each summer" as well. 14. Since this final Order was made, Father and son have enjoyed regular weekend "sleep- over" visitations as well as one week in Ocean City MD. over the summer, alternating Monday "date-night" visits, a week during Christmas vacation, and several additional over-night visitations, establishing a strong relationship of trust, respect, and love with the Child. 15. Father has secured a residence in a safe and peaceful community in a good school district with accommodations for the Child to include his own bedroom, a large yard, and a nurturing environment. 16. Father now Petitions the Court for Full Custody of his Child. 17. Since the Order dated February 21, 2012, Father has endeavored to allow the child ample visitation with Paternal Grandparents, Paternal Uncle, Paternal Cousins, Paternal Great-Grandparents, Maternal Great-Grandmother, Maternal Aunt, as well as negotiating his scheduled visitation to accommodate custodial Grandparent's planned activities with the Child. 18. Father has taken initiative to contact the Childs' school asking for progress reports, report cards, and attending parent-teacher conferences to better serve the Childs' educational needs. 19. Father has attempted to reconcile the relationship with Grandfather with limited success. 20. Father has made multiple attempts to reconcile the relationship with Step-Grandmother to no apparent avail. 21. Grandparents have expressed an interest in moving out of State. 22. In V.B. and C.B. v.1.E.B. and C.C. 2012 Pa Super. 200 (Pa Super. 2012) the Superior Court affirmed the constitutional presumption in favor of natural parents over grandparents in child custody cases. 23. The best interest of the Child would be served living with the Father. WHEREFORE, Father prays this Court GRANT him full Custody of his child, Phoenix Aidyn Mazer. Date: February 19, 2013 r- sep Brian Mt"z Plaintiff, Pro se 1, Joseph Brian Mazer, hereby certify the facts stated herein are true and correct to the best of my knowledge and belief and all false statements herein are made subject to Section 4904 relating to unsworn falsification to authorities. JOSEPH BRIAN MAZER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DAVID S. FIESELER and NO. 07-1948 CIVIL TERM LAURA CAMP-fieseler IN CUSTODY Defendants Certificate of Service I, Joseph Brian Mazer, hereby certify that a true and correct copy of the foregoing PETITION TO MODIFY CUSTODYhas been served on the following person in the following manner: United States Postal Service, FIRST CLASS MAIL: David S. Fieseler and Laura Camp-Fieseler 101 George St. Mechanicsburg, PA 17055 JOSEPH BRIAN MAZER IN THE COURT OF COMMON PLEAS OF P44444- 1-�`� CUMBERLAND COUNTY, PENNSYLVANIA VS. 2007-1948 CIVIL ACTION LAW DAVID S. FIESELER and LAURA CAMP-FIESELER Dcfefi=" IN CUSTODY ORDER OF COURT AND NOW, this ���\ day of ��ft\ 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties have agreed to participate in a Family Group Decision Making Conference. The parties should contact Eliza White, Family Group Coordinator, at 240-7837. 2. Within 90 days of the date of this Order, counsel for either party or a party who is not represented by counsel may contact the conciliator to schedule an additional custody conciliation conference, if necessary. BY THE COURT, M. L. Ebert J. cc: �seph B. Mazer—Father ✓✓✓JJonohnathan Vega and Megan Riesmeyer Esquire—Counsel for Paternal Grandparents Al//7/ !3 rnCcrn ca --r �a o i; co CD JOSEPH BRIAN MAZER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2007-1948 CIVIL ACTION LAW DAVID S. FIESELER and LAURA CAMP-FIESELER Defendant IN CUSTODY Prior Judge: M. L.Ebert Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Phoenix Mazer July 18, 2005 Paternal Grandparents 2. A custody conciliation conference was held on April 8, 2013, with the following individuals in attendance:the Father, Joseph Brian Mazer, who is not represented by counsel in this platter, and David Fieseler and Laura Camp-Fieseler, with their counsel, Johnathan Vega and Megan Riesmeyer Esquire, 3. The parties agreed to entry of an Order in the form as attached. 7-o 13 Date Dawn S. Sunday, Esquire Custody Conciliator Z JOSEPH BRIAN MAZER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2007-1948 CIVIL ACTION LAW DAVID S. FIESELER and LAURA CAMP-FIESELER Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2013, upon consideration of the attached Custody Conciliation Reportf it is Crdered and directed as follows: 1 g}A hearing}.� scheduled in Courtroom Number a_.of the Cumberland County Courthouse on the c� day of C� C t� 2013_, at 1: Li Am., at which time testimony will be taken. For purposes of the hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel 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 10 days prior to the hearing date. BY THE COURT, N -� �AA, V - - M. L. Ebert, Jr. J. cc: ,Joseph B. Mazer—Father /Johnathan Vega and Megan Riesmeyer Esquire—Counsel for Maternal Grandparents J JOSEPH BRIAN MAZER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2007-1948 CIVIL ACTION LAW DAVID S. FIESELER and LAURA CAMP-FIESELER Defendant IN CUSTODY Prior Judge: M. L. Ebert Jr. 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 AGE CURRENTLY IN CUSTODY OF Phoenix Mazer 8 Paternal Grandparents 2. A custody conciliation conference was held on July 22, 2013, with the following individuals in attendance: the Father, Joseph Brian Mazer, who is not represented by counsel in this matter, and the Maternal Grandparents, David Fieseler and Laura Camp-Fieseler, with their counsel, Johnathan Vega and Megan Riesmeyer, Esquire. 3. This Court previously entered an Order in this matter following custody conciliation on April 8, 2013 under which the parties agreed to participate in a Family Group Decision Making Conference. Soon thereafter the Father contacted the conciliator as the Family Group Conferencing contact person advised that the Maternal Grandmother was not cooperating with moving this matter forward to a conference. The conciliator contacted the Maternal Grandparents' counsel and subsequently further efforts were made to schedule a meeting to move forward with the Family Group Decision Making Conference. On June 10, 2013, the program coordinator contacted the conciliator to advise that they were no longer willing to work with Laura Camp-Fieseler as it had become clear to them that she was deliberately trying to delay the process to prevent the Father from having additional custody. A second custody conciliation conference was scheduled, which is the subject of this report. 4. The Father reiterated his desire to assume primary custody of the Child and the Maternal Grandmother indicated her continuing opposition. It will be necessary to schedule a hearing in this matter. It is anticipated that the hearing will require at least one-half day and the Maternal Grandparents indicated their intention to have the Child testify. The Father indicated that he will obtain legal representation for the hearing. 5. The Father's position on custody is as follows: The Father indicated his readiness and willingness to assume primary physical custody of the Child although he is grateful to the Maternal Grandparents for raising the Child for over six years to this point. The Father offered for the Grandparents to have partial custody of the Child on a weekly regular basis when he is not in school. The Father believes that the Maternal Grandparents should become grandparents to the Child rather than serving in the primary role of parents as it is no longer necessary. The Father indicated that he has the support of family and friends and is ready, willing and able to be a primary parent to the Child. The Father indicated his desire to maintain a good and cooperative relationship with the Maternal Grandparents. 6. The Maternal Grandparents' position on custody is as follows: The Maternal Grandmother indicated her belief that it would be detrimental to the Child to make the transition in parenting to the Father's primary custody. She pointed out that the Grandparents have raised the Child for the past several years and he needs them to continue fulfilling that primary role. The Grandparents believe it is in the Child's best interests to continue the existing custodial schedule under which the Grandparents have primary physical custody and the Father has regular periods of partial custody. The Grandmother advised that the Child has expressed a preference to continuing residing primarily in her care. The Maternal Grandmother indicated that she had not done anything to intentionally delay the Family Group Decision Making process and that their perception of her failure to cooperate was a misunderstanding. 7. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter. In light of the Father's repeated efforts to move the Family Group Decision Making Conference process forward in a timely manner as he was requesting primary physical custody of the Child prior to the beginning of the 2013-2014 school year, an expedited hearing is requested. c'- -�_,f aC) �62n__� Date Dawn S. Sunday, Esquire Custody Conciliator +`' � .titlU d i vii IN THE COURT OF COMMON PLE1A1(jl; ,� �lAND COUNTY, PENNSYLVANIA JOSEPH BRIAN MAZER, NO. 2007-1948 Plaintiff, v. CIVIL ACTION - LAW DAVID S. FIESELER and LAURA CAMP-FIESELER, Defendants. ACTION IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance in the above captioned matter on behalf of Plaintiff, Brian Joseph Mazer. Correspondence may be directed to me at the address below. Respectfully submitted, MOONEY &ASSOCIATES By( Jeff R. .1,4 c,, Es. ' - Attorney for Plaintiff I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH BRIAN MAZER, NO. 2007-1948 Plaintiff, vs. CIVIL ACTION - LAW DAVID S. FIESELER and LAURA CAMP-FIESELER, Defendants. ACTION IN CUSTODY CERTIFICATE OF SERVICE I, Jeff R. Lawrence, Esquire, attorney for the above Plaintiff, hereby certify that on this day of AUGUST , 2013, I have forwarded a copy of the Praecipe for Entry of Appearance, in the above-captioned action to the following individual by regular U.S. Mail as set forth below: Megan Riesmeyer, Esquire Community Law Clinic 371 West South Street Carlisle, PA 17013 Respectfully submitted, MOONEY & ASSOCIATES : alel I I FAI I II • Jeff ' 11761r10.117 squire Attorney for Plaintiff I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 0 F T I HE PROTHONO TARY 2013 SEP -4 PM 0- 10 CUMBERLAND COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUJOULVANMYLVANIA LAURA A. CAMP-FIESELER and NO. 2007-1948 DAVID S. FIESELER, Plaintiffs, V. CIVIL ACTION - LAW MICHELE S. FIESELER and JOSEPH B. MAZER, Defendants. ACTION IN CUSTODY AMENDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance in the above captioned matter on behalf of Defendant, Joseph B.Mazer. Correspondence may be directed to me at the address below. Respectfully submitted, MOONEY&ASSOCIATES By. J qef R. a e gn , Attorney for Defendant I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717)243-4770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURA A. CAMP-FIESELER and NO. 2007-1948 DAVID S. FIESELER, Plaintiffs, V. CIVIL ACTION - LAW MICHELE S. FIESELER and JOSEPH B. MAZER, Defendants. ACTION IN CUSTODY CERTIFICATE OF SERVICE 1, Jeff R. Lawrence, Esquire, attorney for the above Defendant, hereby certify that on this <;n day of AUGUST . 2013, 1 have forwarded a copy of the Amended Praecipe for Entry of Appearance, in the above-captioned action to the following individual by regular U.S. Mail as set forth below: Megan Riesmeyer,Esquire Community Law Clinic 371 West South Street Carlisle, PA 17013 Respectfully submitted, MOONEY& ASSOCIATES Je ence-,—Esquire Attorney for Defendant I.D. # 209725 2 South Hanover Street Carlisle,PA, 17013 (717) 243-4770 • Laura A. Camp-Fieseler and : IN THE COURT OF COMMON PLEAS OF David S. Fieseler, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs • v. : CIVIL ACTION—LAW rn cr r , c n,..-. : IN CUSTODY cnr- Michele S. Fieseler and : -< ' - ' • Joseph B. Mazer, Defendants : NO. 07-1948 CIVIL TERM ., 2 X c) cn 3-> CERTIFICATE OF SERVICE I, Jolinathan Vega, Certified Legal Intern, Community Law Clinic,hereby certify that I am serving a true and correct copy of the Prehearing Memorandum on Joseph Brian Mazer through his attorney, Jeff R. Lawrence, via U.S. first class mail at 2 South Hanover Street, Carlisle, PA 17013 and via facsimile. JlJo iihan Vega rtified Legal Int� COMMUNITY LAW CLINIC 371 West South Street • Carlisle, PA 17013 (717) 243-2968 Fax: (717) 241-3596 • 0 Laura A. Camp-Fieseler and : IN THE COURT OF COMMON PLEAS OF David S. Fieseler, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : ; vs. : CIVIL ACTION—LAW r-r c ri ` ? i : IN CUSTODY Michele S. Fieseler and • Joseph B. Mazer, .. Defendants : NO 07-1948 CIVIL TERM="' =- CRIMINAL RECORD/ABUSE HISTORY VERIFICATION _" I, Laura Camp Feiseler and David Fieseler, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities, that: 1. Unless indicated by my checking the box next to the crime below, neither I nor any other member of my household have been convicted or pled guilty, or pled no contest, or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 ❑ ❑ (Relating to criminal Homicide) ❑ 18 Pa. C.S. §2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ 18 Pa. C.S. §2709.1 ❑ ❑ (related to stalking) ❑ 18 Pa.C.S. §2901 ❑ ❑ (related to kidnapping) ❑ 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restraint) ❑ 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) ❑ 18 Pa.C.s. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. §3121 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. §1322.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑ 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) ❑ 18 Pa.C.S. §3127 ❑ ❑ (relating to indecent exposure) ❑ 18 Pa. C.S. §3129 ❑ ❑ (relating to sexual intercourse with animal) ❑ 18 Pa.C.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 Pa. C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903(c) or ❑ ❑ (d) (relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 23 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sale, ❑ ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member ❑ A finding of abuse by a Children& Youth ❑ ❑ Agency or similar agency in Pennsylvania / ,�/ or similar statute in another jurisdiction ,� IJ Abusive conduct as defined under the LJ ❑ Icict Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: U��e are tta i) CL COL I ho Joseph `()(\a7f r has C� Cr i nn:Nx.A C f,C n bcjk to u W e_ Ct re u rC LOA.14._ 1 S- CAIN\I `c' qty.. 0.t 1 I verify that the information above is true and correct to the best of my knowledge, information or 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. (17 icy (� 3 1 D.61 .l Date aura Camp-Fieseler OCt c=2o !3 Date David Feiseler LAURA A. CAMP-FIESELER AND • IN THE COURT OF COMMON PLEAS OF DAVID S. FIESELER, • CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS • V. • MICHELE S. FIESELER AND • JOSEPH B. MAZER, DEFENDANTS • NO. 07-1948 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 24th day of October, 2013, this hearing having started on Monday, October 21, 2013, and a witness for the Plaintiff not being available for this date, IT IS HEREBY ORDERED AND DIRECTED that the hearing in this matter will continue on Wednesday, November 6, 2013, at 2:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. Johnathan Vega, CLI Megan Riesmeyer, Esquire Counsel for Plaintiffs �eff Lawrence, Esquire Counsel for Defendant Mazer bas CO es / 'C.;t- cr, /4 12(03 LAURA A. CAMP—FIESELER AND : IN THE COURT OF COMMON PLEAS OF DAVID S. FIESELER, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS • V. • r c'T` c— MICHELE S. FIESELER AND `''r: JOSEPH B. MAZER, • DEFENDANTS : NO. 07-1948 CIVIL c =r' ORDER OF COURT AND NOW, this 9th day of January, 2014, after hearing in this matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Legal Custody: Maternal Grandparents and Father shall have shared legal custody of the minor child, Phoenix Mazer, dob: 6/17/05. The parties agree that major decisions concerning the child's health, welfare, educational, religious training and upbringing shall be made by the parties jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy to arrive at a decision that is in the child's best interest. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the child. Further each party agrees to give support to one another in the role as parents and to take into account the consensus of the other party for the physical and emotional well- being of the child. Day to day decisions shall be the responsibility of the party then having physical custody. The party having physical custody at the time of any emergency shall be permitted to make any immediate decisions necessitated by the emergency. However, that party shall inform the other of the emergency and consult with him or her as soon as practical. In accordance with 23 Pa. C. S. §5309, each party shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, and the resident address of the 1 child and of the other parent. To the extent one party has possession of any such records or information, that parent shall be required to share the same or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other parent. All parent information forms shall be completed to reference contact information of both parties. The parties agree not to either attempt to alienate or alienate the affections of the child for the other party. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. 2. Physical Custody: A. Maternal Grandparents shall have primary physical custody of the child during the school year. The child will remain enrolled in the Mechanicsburg Area School District. B. Father shall have periods of partial physical custody as follows: (1) Alternating weekends from after school on Friday until 7:00 p.m. Sunday evening. (2) Summer School Recess - Beginning in 2014 at 7:00 p.m. the first Sunday evening after the last day of school the parties shall share primary physical on a week on/week off basis. Father will begin his week on the first Sunday after the last day of school. 3. Holidays: A. Thanksgiving: Thanksgiving will be divided into two blocks. Block A will be from after school on the Wednesday before Thanksgiving until 3:00 p.m. Thanksgiving Day. Block B will be from 3:00 p.m. Thanksgiving Day until 7:00 p.m. Friday the day after Thanksgiving. In odd numbered years, Maternal Grandparents will 2 have Block A and Father will have Block B. In even numbered years, Father will have Block A and Maternal Grandparents will have Block B. B. Christmas: The Christmas Holiday will be divided into two blocks. Block A shall be from after school when the child is dismissed for the Holiday recess until December 25 at 2:00 p.m. Block B shall be from December 25 at 2:00 p.m. until New Year's Eve at 7:00 p.m. Maternal Grandparents will have Block A in even numbered years and Father will have Block B. In Odd numbered years Maternal Grandparents will have Block B and Father will have Block A. C. New Year's: New Year's Holiday shall be from New Year's Eve at 7:00 p.m. until New Year's Day at 12:00 p.m. Maternal Grandparents shall have the child for the New Year's Holiday in odd numbered years and Father shall have the child in even numbered years. The determination of whether the year is odd or even will be controlled by the date on which New Year's Eve occurs. (i.e. December 31, 2013, is an odd year). D. Easter: The Easter Holiday shall be divided into two blocks. Block A shall be from after the last day school before the Holiday recess until Easter Sunday at 2:00 p.m. Block B shall be from Easter Sunday at 2:00 p.m. until 7:00 p.m. the day before school begins after the Easter recess. Maternal Grandparents will have Block A in odd numbered years and Father will have Block B. In even numbered years Maternal Grandparents will have Block B and Father will have Block A. E. Memorial Day: Maternal Grandparents will have custody of the child Memorial Day Weekend from after school on Friday until 6:00 p.m. Monday in even numbered years. Father will have custody of the child for the same time period in odd numbered years. 3 F. Independence Day: Maternal Grandparents will have custody of the child for the Independence Day Holiday from July 3 at 6:00 p.m. until July 5 at 8:00 a.m. in odd numbered years. Father shall have custody of the child for the same time periods in even numbered years. G. Labor Day: Maternal Grandparents will have custody of the child on Labor Day weekend from after school on Friday until 6:00 p.m. Monday in even numbered years. Father will have custody of the child for the same time period in odd numbered years. H. Father's Day: Father will have custody of the child on Father's Day from 9:00 a.m. until 8:00 p.m. I. Mother's Day: Maternal Grandparents will have custody of the child on Mother's Day from 9:00 a.m. until 8:00 p.m. J. Precedence: The Holiday and Special Days schedule shall take precedence over any other custodial period set forth herein. 4. General Considerations: A. Drugs and Alcohol: During any period of custody or visitation, neither party shall possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication in the presence of the child. B. No Derogatory Comments: Neither party shall undertake, or permit by any other person, the alienation of the children's minds against the other party, by conversation or otherwise, any communication that explicitly or implicitly degrades, ridicules, condemns, or in any other way attempts to alienate the affections of the child toward the other party. At all times, each party shall encourage and foster in the child a sincere affection for the other party. 4 C. Telephone Contact: Both parties shall be afforded reasonable telephone contact with the child while in the other party's custody. To facilitate this requirement each party shall provide the other party with a telephone number which when called will be answered. The child shall be permitted private space in which to speak with the calling party without interference or monitoring by any other person in the household. D. Children's Personal Items: The child's personal items and personal property belong to the child. These items and personal property shall be welcomed into each home. Neither household shall prevent or prohibit the child from bringing his items back and forth between households regardless of how, where, or with whose money the items of personal property have been purchased. E. Transportation: The transportation burden shall be shared by the parties. The party receiving custody of the child shall provide transportation for the custodial exchanges, unless the parties mutually agree otherwise. The custodial exchanges shall take place at each party's residence where each party will be permitted to peacefully pick the children up from the other party's respective residence. 5. Relocation: No party shall relocate the child if such relocation will significantly impair the ability of the non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa. C.S. §5337. 5 6. Modification: Any provision of this custody order may be modified by mutual agreement of the parties. By the Court, \N\Nk M. L. Ebert, Jr., ' J. Jo :aathan Vega, CLI Megan Riesmeyer, Esquire Counsel for Plaintiffs �ff Lawrence, Esquire Counsel for Defendant Mazer bas E8 .tect_ /Q/1y 6 LAURA A. CAMP-FIESELER AND : IN THE COURT OF COMMON PLEAS OF DAVID S. FIESELER, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS : • • V rr7 iM7 MICHELE S. FIESELER AND : = , JOSEPH B. MAZER, • DEFENDANTS : NO 07-1948 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 9th day of January, 2014, pursuant to 23 Pa.C.S.A. §5323(d) the Court states the following reasons granting maternal grandparents primary physical custody in this case: 1. At the present time, the grandparents are more likely to encourage and permit frequent and continuing contact between the child and Father. 2. Given the fact that Father was serving a state prison sentence during most of the child's life, the grandparents have performed all parental duties for the child. 3. The child does suffer from attention deficit hyperactive disorder and is actively being seen by Sue Heath, a licensed clinical social worker with 31 years' experience. She indicates that a child with ADHD needs consistency and that any drastic change at this time could lead to regression. Counselor Heath believes the child is currently in the best school district to provide a good section 504 plan as required by the Americans With Disabilities Act. Consequently the need for stability and continuity in the child's education, family and community life will best be served by staying with the grandparents at this time. 4 y. 4. The child, who has an IQ of 130 and is considered gifted, has expressed a well- reasoned preference to stay with the grandparents. He currently likes his living situation, his school and current circle of friends. By the Court, M. L. Ebert, Jr., ' J. ✓Johnathan Vega, CLI Megan Riesmeyer, Esquire Counsel for Plaintiffs �ff Lawrence, Esquire Counsel for Defendant Mazer bas tF.,S nersirect..,