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ROBERT L. FISHER, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
DANIELLE E. FISHER, NO. 99-3765 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this -04 day of November, 1999, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
A hearing is scheduled in Courtroo t . 2 of the Cumberland County Courthouse
on the ? day of , A4 ?_10 at /. ?.M. at which time testimony will
be taken in the above case. AU is hearing, the Mother, Danielle E. Fisher, shall 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 the
history of custody in this case, a detailed listing of the issues currently before this
court, a procedural history of this custody case, a list of witnesses who will testify on
behalf of that party and a summary of the anticipated testimony of each witness.
This memorandum shall be filed at least 5 days prior to the mentioned hearing date.
2. Pending further order of this court, this Court's prior order of August 1999 shall
remain in effect subject to the following modifications:
A. When the child is in the custody of the Father, Father shall ensure
that Mother enjoys reasonable telephone contact with the minor
child. The Father is encouraged to initiate phone calls himself so that
the minor child can talk to the Mother during times when Father is
available and during times when the Father anticipates the Mother
will be available. The parties should exchange suggested times for
telephone calls.
B. Pending a hearing in this case and in the event Mother's work
schedule requires her to request a modification of the nine day
limitation on when she exercises custody with the child each month,
counsel for the Mother can contact the Conciliator in the event the
parties are unable to reach an agreement and the Conciliator can
conduct another Custody Conciliation Conference via telephone with
the attorneys for the parties to address any issues to modify the
existing order pending the hearing.
BYUCOUAA
cc: James M. Bach, Esquire Edgar B. Bayley
Gregory Hazlett, Esquire
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ROBERT L. FISHER, JR.,
Plaintiff
DANIELLE E. FISHER,
Defendant
Prior Judge: Edgar B. Bayley
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-3765 CIVIL
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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:
Shelby L. Fisher, born October 19, 1995.
2. A Conciliation Conference was held on November 16, 1999, with the following individuals
in attendance:
The Father, Robert L. Fisher, Jr., with his counsel, Gregory Hazlett, Esquire; and the
Mother, Danielle E. Fisher, with her counsel, James M. Bach, Esquire.
3. The parties have previously appeared before the Conciliator in August at which time they
agreed upon a temporary order with a provision that the parties would meet again in
February for a second Conciliation Conference. The temporary order provided Mother with
nine days of custody per month and the Father with the remaining time. Mother is in
Virginia having relocated from Pennsylvania earlier this year.
4. At the request of the Attorney for the Mother, the Conciliator conducted a special
Conciliation Conference. Mother asserts that Father is not being flexible with respect to
modification of the custody schedule nor has Father been cooperative with respect to
telephone communications between Mother and the child. Mother requests that the
February Conciliation date be cancelled and that the Court set a hearing so that Mother may
proceed with requesting primary physical custody.
5. The Conciliator had worked out an arrangement in August whereby the parties agreed to a
temporary order subject to a second Conciliation. It was the parties hope and the
Conciliator's intent that the parties would try to work things out and that a permanent order
could be reached in February. It is clear that the parties are at odds and that a hearing is
required before a permanent order of custody can be entered. Accordingly, the Conciliator
will refer this case to the Court for a hearing.
6. Mother's counsel suggests that the existing order should be modified. The Conciliator is not
prepared to recommend a modification of the existing order since it was agreed to in
August. However, Mother's counsel may file a petition for special relief with the court if
Mother desires to pursue that issue.
7. The Conciliator recommends the entry of an order in the form as attached.
23 9
DATE
CG/L` -eA -
Hubert X. Gilroy, Es irc
Custody Conciliar
AUG 12 199q ?
ROBERT L. FISHER, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
DANIEL E. FISHER, NO. 99-3765 CIVIL
Defendant IN CUSTODY
COURTORDER
AND NOW, this day of August, 1999, upon consideration of the attached Custody
Conciliation Report, i is ordered and directed as follows:
This Court's prior order of June 22, 1999 is vacated.
2. The Father, Robert L. Fisher, Jr., and the Mother, Daniel E. Fisher, shall enjoy
shared legal custody of Shelby L. Fisher, bom October 19, 1995.
3. The parties shall enjoy physical custody with the minor child as follows:
A. Effective as of August 10, 1999, the Mother shall have ten (10)
consecutive days with the minor child after which she shall have an
additional 14 consecutive vacation days with the minor child.
B. Commencing in September, Mother shall enjoy a period of nine (9)
consecutive days with the minor child from Friday after her work on
one weekend until the following Sunday evening. Mother shall pick
up the child from Father's residence on Friday and shall return the
child to Father's residence on Sunday. The parties shall
communicate between themselves with respect to designating the
specific days on exchange of custody.
C. The Father shall enjoy physical custody at times the minor child is
not with the Mother as set forth above.
D. The parties may by agreement modify this schedule in any manner
that they deem appropriate. In the event the parties cannot agree on
any modification, the schedule set forth above shall control.
4. The parties shall meet with the Custody Conciliator again for a Conciliation
Conference on Thursday, February 3, 1999 at 8:30 a.m.. In the event the parties
have reached an agreement on a permanent order prior to the Conciliation
Conference, the parties may notify the Conciliator to have the Conciliation
Conference cancelled.
AUG 12 199*>
ROBERT L. FISHER, JR., IN THE COURT' OI-'COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL, ACTION - LAW
DANIEL E. FISHER, NO. 99-3765 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this day of August, 1999, upon consideration of the attached Custody
Conciliation Report, i is ordered and directed as follows;
1. This Court's prior order of June 22, 1999 is vacated,
2. The Father, Robert L. Fisher, Jr., and the Mather, Daniel E. Fisher, shall enjoy
shared legal custody of Shclhy L. Fisher, Iwm October 19, 1995.
3. The parties shall enjoy physical custody with the minor child as follows:
A. Effective as of August 10, 1999. the Mother shall have ten (10)
consecutive days with the minor child after which she shall have an
additional 14 consecutive vacation days with the minor child.
B. Commencing in September, Mother shall enjoy a period of rune (9)
consecutive days with the minor child from Friday after her work on
one weekend until the lidlowing Sunday evening. Mother shall pick
up the child from Father's residence on Friday and shall return the
child to Father's residence on Sunday, The parties shall
communicate between themselves with respect to designating the
specific days on exchange of custody.
C. The Father shall enjoy physical custody at times the minor child is
not with [lie Mother its set forth above.
D. 'Ile parties may by agreement modify this schedule in any manner
that they deem appropriate. In the event the parties cannot agree on
tiny modification, the schedule set forth above shall control.
4. The parties shall meet with the Custody Conciliator again for a Conciliation
Conference on Thursday. February 3, 1999 at 8:30 a.m.. In the event the parties
have reached an agreement on a permanent order prior to the Conciliation
Conference, the parties may notify the Conciliator to have the Conciliation
Conference cancelled.
5. This order is entered pursuant to an agreement reached by the parties at a Custody
Conciliation Conference. In the event the parties are unable to reach an agreement
on a permanent custody order and in the event a hearing is required, the parties
agreement to the custody schedule as set forth above shall not be binding on the
parties with resect to a status quo involving custody of the minor child.
6. The parties shall keep each other advised with respect to phone numbers at home,
home addresses, locations of any vacations where they take the child where the child
will be away from that parents home for more than two (2) consecutive nights, all
medical matters relating to the child and any other matters of importance.
Additionally, both parties shall afford the other parent reasonable telephone contact
with the minor child when the child is in that parents custody.
BY THE
Edgar B. Bayley\,
cc: Gregory S. Hazlett, Esq. uo rn.ca? 8//b/4y
James M. Bach, Esq. 14, p
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ROBERT L. FISHER, JR.,
Plaintiff
DANIEL E. FISHER,
Defendant
Prior Judge: Edgar B. Bayley
M THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-3765 CIVIL
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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:
Shelby L. Fisher, bom October 19, 1995.
2. A Conciliation Conference was held on August 10, 1999, with the following individuals in
attendance:
The Father, Robert L. Fisher, Jr., with his counsel, Gregory S. Hazlett, Esquire; and the
Mother, Daniel E. Fisher, with her counsel James M. Bach, Esquire.
3. The parties agree to the entry of an order in the form as attached.
rs I(aL gI _Q1 V/
DATE Hubert X. Gil y, Esquire
Custody Conciliator
ROBERT L. FISHER, JR. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DANIEL E. FISHER : 99-3765 CIVIL TERM
ORDER OF COURT
AND NOW, this 22nd day of June, 1999, pending a further order of court, on
the complaint of the father, Robert L. Fisher, Jr., for primary physical custody of Shelby
L. Fisher, which is being referred to a conciliator, neither the father nor the mother
Daniel E. Fisher shall remove Shelby L. Fisher from the State of Pennsylvania.
By the
Gregory S. Hazlett, Esquire
For Petitioner
Edgar B. Bayley,
mid
Daniel E. Fisher, Pro se
443 Whiskey Run Road
Newville, PA 17241
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JUN221999?
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT L. FISHER, JR. n C A
Plaintiff / Petitioner, No. 9N - 3 7?S i?
V.
DANIEL E. FISHER Civil Action \ Custody
Defendant/ Respondent
AND NOW, this day of , 1999,
upon consideration of Petitioner's Emergency Petition for Custody, Respondent is hereby
ordered to show cause, if any, why the requested relief should not be granted.
Rule Returnable:
BY THE COURT,
J.
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
Civil Action-Emergency Petition
ROBERT L. FISHER JR., for Custody
Petitioner,
Case No.
DANIEL E. FISHER,
Respondent,
1. The petitioner is Robert L. Fisher Junior, an adult individual sui juris, who currently
resides at 325 North Street, in the town of Boiling Springs, 17007 County of
Cumberland Commonwealth of Pennsylvania.
2. The Respondent is Daniel E. Fisher, an adult individual sui juris who currently
resides at 443 Whiskey Run Road in the town of Newville, 17242 County of
Cumberland Commonwealth of Pennsylvania.
3. The parties were married on the 4' , day of April, 1996.
4. The parties have one child born outside of the bonds of matrimony of the name of
Shelby L. Fisher, and of the age of three years.
5 Petitioner has filed a Complaint for Custody simultaneously with the filing of this
petition and incorporates by reference thereto the averments in the complaint.
6. The parties were separated on or about May 17, 1999 and since that time have not
entered into an agreement as to custody.
7. Respondent has informed the Petitioner that she will be relocating to the State of
Virginia with the child on or about Thursday June 24, 1999.
8. The child's immediate family and friends reside within the county of Cumberland
with whom the child has formed a close bond and alliance.
4
9. The child's medical and dental providers are located within this county, with whom
the child feels comfortable.
10. Petitioner has had significant contacts with his child since m her birth and has
provided substantially to her care and nurturing.
11. Respondent's move will isolate the child from contact with her father as well as the
environment for which she has become accustomed and will inevitably disrupt and
interrupt her life.
12. Respondent, heretofore has not sought permission or consent from the Honorable
Court to remove the child from the Commonwealth of Pennsylvania.
13. The removal of the child is not in the bests interests and welfare of the child.
14. Petitioner, will be irreparably harmed should respondent be permitted to remove the
child from the jurisdiction.
WHEREFORE, petitioner respectfully requests that temporary and permanent
injunctions be issued restraining respondent from relocating the child to a new
residence until further Order of the Court and further requests that physical custody
of the child be awarded to him.
20 ?afith l(dtket Street
echanicsburg, PA. 17055
(717) 790-0490
Petitioner verifies that the statements made in this Emergency Petition to Prevent
Removal of Children from Jurisdiction Pursuant to PA. R. Civ. P. 1915.13 and
Request for Immediate Hearing are true and correct to the best of his knowledge,
information and belief. Petitioner understands that false statements herein are made
subject to the penalties of 18 Pa. Cons. Stat. Section 4904, relating to unworn
falsification to authorities.
Date:-'L7-/& - 9
/Petitioner
JUN 2 g 19IVi
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY
PENNSYLVANIA
ROBERT L. FISHER JR., Civil Action at Law
No. 99.37b? Civil 1999
Plaintiff, CUSTODY VISITATION
VS.
DANIEL E. FISHER,
Defendant,
And now, this 9 upon consideration of the attached complaint, it is hereby
directed that the bov parties and their respective counsel appear before
Esquire, the conciliator, a ' th I:UJl1. d 1100 kgz
Pennsylvania, on the th day of?Qp?irMn1 , 1999, at .M
P.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. All children age
five or older may be present at the conference. Failure to appear at the conference may
provide grounds for the entry of a temporary or permanent order.
FOR THE COURT:
By: l `1
Custody Conciliator h v, b
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY COURT ADMINISTRATOR
2 Liberty Avenue
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
1-800-990-9108
99 JUL 13 hN 11: 09
PENNSYLN,IA
7•i3.99
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
ROBERT L. FISHER JR. Civil Action At Law
Plaintiff, Case No.
VS.
DANIEL E. FISHER,
Defendant,
1. The plaintiff is Robert L. Fisher Jr. , residing at 325 North Street Boiling Springs
17007 County of Cumberland, Commonwealth of Pennsylvania
2. The defendant is Daniel E. Fisher, currently residing at 443 Whiskey Run Road
Newville, 17242 County of Cumberland, Commonwealth of Pennsylvania.
3. Plaintiff seeks custody of the following child:
Name Address Age
Shelby L. Fisher 325 North Street, Boiling Springs _ 3
4. The child was bom out of wedlock.
5. The child is presently in the custody of Robert L. Fisher Jr., who resides at 325 North
Street Boiling Springs 17007 County of Cumberland, Commonwealth of Pennsylvania
6. During the past three years the child has resided with both parents at 325 North
Street Boiling Springs 17007 County of Cumberland, Commonwealth of Pennsylvania
7. The biological mother of the child is Daniel Fisher, currently residing at 443
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Whiskey Run Road Newville, 17242 County of Cumberland, Commonwealth of
Pennsylvania.
8. The mother is separated from he father, and defendant and is currently married.
9. The father of the children is Robert L. Fisher Jr. and is currently residing at 325
North Street Boiling Springs 17007 County of Cumberland, Commonwealth of
Pennsylvania
The father is separated but currently remains married to the mother, and Defendant.
9. The relationship of the plaintiff to the children is that of a biological father. The
Plaintiff currently resides with the following persons:
Name Relationship
Shelby Fisher son
10. The plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the child in this or another court.
11. The plaintiff has no other information of a custody proceeding concerning the child
pending in a Court of this Commonwealth.
12. Plaintiff 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.
13. The best interest of the child and permanent welfare of the child will be served by
Granting the relief requested because:
(a) The defendant to this action is threatening to leave for the state of Virginia and
take with her the party's biological child without first seeking Court Approval prior to
her departure.
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(b) The child currently resides with his father in the home where he has been raised
since his birth and within which he feels a sense of comfort, permanency, and
familiarity.
(c) Plaintiff, believes and therefore avers that he can continue to provide a predictable
and stable lifestyle of which, the child has become accustomed that will be in the best
interest of the child during its formative years and throughout its life.
WHEREFORE, Plaintiff, Robert L. Fisher Jr., respectfully requests for the
aforementioned reasons, that the court grant and award primary physical custody of
the child to plaintiff.
HAZLETT & OESTERLING
22 th Market Street
echanicsburg, PA. 17055
(717) 790-0490
Petitioner verifies that the statements made in this Emergency Petition to Prevent
Removal of Children from Jurisdiction Pursuant to PA. R. Civ. P. 1915.13 and
Request for Immediate Hearing are true and correct to the best of his knowledge,
information and belief. Petitioner understands that false statements herein are made
subject to the penalties of 18 Pa. Cons. Star. Section 4904, relating to unworn
falsification to authorities.
Date: -/&- 9
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY a
COMMONWEALTH OF PENNSYLVANIA
CIVIL ACTION--LAW
Robert L. Fisher, Jr.
Plaintiff
No. 99-3765
In Custody
Vs.
Danielle E. Fisher
Defendant
QRDJE$ 3000. in response to the
AND NOW, this , day, of
enclosed Motion for Continuance it is hereby ORDERED that the Custody Hearing
scheduled for February 14, 2000 at 1:30 p.m. shall be continued to, and held on.
2000, al'4- 1,30
BY THE COURT
Date:
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IN THE, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
Robert L. Fisher, Jr. CIVIL ACTION---LAW
Plaintiff
No. 99-3765
Vs. In Custody
Danielle E. Fisher
Defendant
AND NOW, comes the Plaintiffs attorney Gregory S. Hazlett, Esquire and states the
following in support of his Motion for Continuance.
1. Plaintiff is Robert L. Fisher Jr. the biological father and primary custodian of Shelby L.
Fisher.
2. Defendant is Daniel E. Fisher, the biological mother of Shelby Fisher.
3. On the 17' day of September 1999 and the 14' day of November 1999 the aforementioned
parties appeared before Hubert Gilroy for a Conciliation Conference.
4. The parties are scheduled to have a Custody Hearing on February 14, 2000 before the
Honorable, Judge Bailey.
5. Counsel for Plaintiff, Robert Fisher, has a Non-Dischargeability Hearing scheduled for
February 14" 2000 at 1:15 p.m. of the same day at the bankruptcy court, before the
Honorable Judge Woodside in the Middle District of Pennsylvania.
6. Plaintiffs counsel is unable to reschedule the aforementioned hearing before Judge
Woodside and is therefore unable to attend the Custody Hearing scheduled on the same day
due to this conflict.
7. This is counsel's first request for a continuance relative to this custody proceeding.
8. Plaintiffs attorney sought the consent from opposing counsel, James Bach, Esquire but
received neither a consent nor a refusal to continue the matter.
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9. For the aforementioned reasons counsel for Plaintiff requests that the Honorable Court grant
a continuance and reschedule the custody Hearing scheduled for February 14, at 1:30 to an
alternative day and time.
WHEREFORE, plaintiffs attorney Gregory S. Hazlett respectfully request that Honorable
Court continue the Custody Hearing scheduled for February 14, 2000 to an alternate day and
time.
Date: 2/ I /00
Respectfully Submitted,
20 S th Market Street
echanicsburg, PA. 17055
717-790-0490
ED Q 4 2000
ROBERT L. FISHER, JR- IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA
v CIVIL ACTION - LAW
DANIELLE F. FISHER, NO. 99-3765 CIVIL
Defendant IN CUSTODY
Prior Judge: Edgar B. Bayley
COURT ORDER
AND NOW this ?(f day of February, 2000, the conciliator being advised by the parties that
they desire the conciliation cancelled. the conciliation scheduled for February 3 is cancelled and
the conciliator relinquishes jurisdiction.
/uert X. GiU' ,Esquire
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
Robert L. Fisher, Jr.
Plaintiff
Vs.
Danielle E. Fisher
Defendant
CIVIL ACTION---LAW
No. 99-3765
In Custody
AND NOW, this tj , day, of OK`tg , 2000, in response to the
Request for a Continuance it is hereby ORDERED that the Custody Hearing scheduled
for March 22, 2000 at 1:30 p.m. shall be continued to, and held on, April 5'", 2000 at
1:30 p.m.
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Date:
BY THE COURT
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CU?;? Ru;'d COJNTY
PciVNSYLVANiA
RORERT L. FISHER, JR.
PLAINTIFF
V.
DANIELLE E. FISHER,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-3765 CIVIL TERM
ORDER OF COURT
AND NOW, this L_day of March, 2000, a Rule is entered against
Robert L. Fisher, Jr., and Danielle E. Fisher, to show cause why the relief requested
herein should not be granted. Rule returnable ten (10) days after service.
Any answer filed by plaintiff or defendant shall be forwarded by the
Prothonotary to chambers.
Gregory S. Hazlett, Esquire
For Plaintiff
James M. Bach, Esquire
For Defendant
Robert L. Fisher, Jr.
325 North Street
Boiling Springs, PA 17007
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By the Co
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Edgar B. Bayley, J. 3'00
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
Robert L. Fisher, Jr. CIVIL ACTION----LAW
Plaintiff
Vs.
Danielle E. Fisher,
Defendant
NO. 99-3765
IN CUSTODY
Upon consideration of the Motion to Withdraw as Counsel of Robert L. Fisher Jr. it is
hereby ORDERED, that the Motion is GRANTED; and Gregory S, Hazlett, Esquire
is authorized to withdraw his representation of the aforementioned individual relative to
the Respondent's Child Custody Hearing.
IT IS SO ORDERED, this , day of 2000
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HAZLETT & OESTERLING
=• 20 SOUTH MARKET STREET
MECHANICSBURG, PA 17055
(717) 790-0490
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
Robert L. Fisher, Jr. CIVIL ACTION---LAW
Plaintiff
Vs.
NO. 99-3765
IN CUSTODY
Danielle E. Fisher,
Defendant
MOTION TO WITHDRAW A COUNSEL
Gregory S. Hazlett, Esquire, hereby moves this court for the entry of an Order authorizing
his withdrawal as counsel for Robert L. Fisher, JR. plaintiff in the aforementioned action.
In support thereof, Counsel respectfully represents:
1. Counsel represents Plaintiff relative to a Child Custody matter that was initiated by
plaintiff against the foregoing defendant.
2. Counsel attended two separate conciliation hearings on the matter of custody before
Hubert Gilroy whereupon primary custody remained with plaintiff.
3. Plaintiff has a court hearing before the Honorable Judge Bailey on March 22, 2000 at
1:30 p.m. to decide the issue of custody.
4. Plaintiff was advised repeatedly by counsel at his last conciliation hearing held on
November 30, 1999 that counsel had to be paid prior to his attendance at the custody
hearing or counsel will not attend the hearing.
5. Plaintiff was aware of the requirement that all attorneys' fees with regard to his
custody hearing had to be paid in full or the attorney would not attend.
6. Plaintiff after having been advised repeatedly to pay the attorney's fees has not
heretofore complied with these requests nor has attorney received any fee to date.
7. Plaintiff had both adequate time and notice to make payment to the attorney but has
failed to fulfill his financial obligation
8. The attorney's quality of representation will be severely compromised due to the level
of time and effort that needs to be expended in the absence of any financial
remuneration.
7. Plaintiff had both adequate time and notice to make payment to the attorney but has
failed to fulfill his financial obligation
8. The attorney's quality of representation will be severely compromised due to the
level of time and effort that needs to be expended in the absence of any financial
renumeration.
WHEREFORE, Counsel respectfully requests that the Court enter an Order
authorizing Counsel to withdraw from representing the Plaintiff in this case, and granting
such other and further relief as is just and proper.
RESPECTFULLY,
HAZLETT&OESTERLING
ATTORNEYS AT LAW
Me6hanicsburg, PA. 17055
Atty I.D. 69528
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
Robert L. Fisher, Jr.
Plaintiff
Vs.
Danielle E. Fisher,
CIVIL ACTION--Law
No. 99-3765
IN CUSTODY
I, Gregory S. Hazlett, Esquire, hereby certify that a true and correct copy of the
foregoing Motion to Withdraw as Counsel, was made upon the interested parties
attached hereto by, first class mail postage prepaid, a true copy on the 24-d, day of
March, 2000.
Robert L. Fisher, Jr.
325 North Street
Boiling Springs, PA. 17007
Date: 2/29/2000
717-790-0490
ROBERT L. FISHER, JR.,
PLAINTIFF
IN '11 IE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
V.
DANIELLE E. FISHER,
DEFENDANT'
99-3765 CIVIL TERM
ANSWER OF DEFENDANT DANIELLE E. FISHER 1.0 MQ11ON OF ATTORNEY
GREGORY S f- AZLETT IO X1111DRAWAS I FGAt O NSEL
AND NOW, comes Danielle E. Fisher defended by her Attorney, JAMES M. BACH, and
files the within ANSWER TO A MOTION TO WITHDRAW AS LEGAL COUNSEL:
1. The motion to withdraw as legal counsel has been properly served upon Attorney James
M. Bach
2. The Defendant herein, does not oppose this motion to withdraw.
3. This motion will not interfere with the administration of justice, and the parties have
stipulated and agreed to a trial on the 5"' day of April, 2000 at 1:30 p.m. before the
Honorable Edgar Bayley, Judge of the Court of Common Pleas of Cumberland County.
Respectfully Submitted,
?a tes M. Bach
Attomeyyat-Cam >
11) #18727
352 South Sporting 1 fill Road
Mechanicsburg, PA 17055
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IN TIM COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, COMMONWEALTH OF PENNSYLVANIA
Robert L. Fisher, Jr. CIVIL ACTION-LAW
Plaintiff
Vs.
Danielle E. Fisher,
Defendant
NO. 99-3765
IN CUSTODY
AND NOW, Us Z day of ^ r
x,2000 upon consideration of the
Motion to Make the Rule to Show Cause Absolute it is hereby ORDERED, that the
Motion is GRANTED; and the rule is hereby made absolute and the relief requested is
granted.
It is further ORDERED, that Gregory S, Hazlett, Esquire attomey for plaintiff, is
herebyallowed to withdraw his representation of Robert E. Fisher, relative to the
Plaintiffs Child Custody Hearing.
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20 SOUTH MARKET STREET
MECHANICSBURG, PA 17055 '
(717) 790-0490
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
Robert L. Fisher, Jr. CIVIL ACTION-LAW
Plaintiff
NO. 99-3765
Vs.
IN CUSTODY
Danielle E. Fisher,
Defendant
NOW comes Gregory S. Hazlett, Esquire, and hereby moves this court for the entry of an
Order Making a Rule to Show Cause Absolute issued by the Court in response to a
Motion to Withdraw as Counsel for failure to pay attorney's fees and in support thereof,
Counsel respectfully represents:
1. Counsel filed a Motion to Withdraw as Counsel against Plaintiff Robert Fisher on
March 2, 2000 with the Court of Common Pleas of Cumberland County for his failure
to pay attorney's fees towards a Custody Hearing which was scheduled to take place
on March 22, 2000 and was later continued to April 5, 2000.
2. A Rule to Show Cause was filed on March 2, 2000 with the Honorable Court relative
to attorney's Motion to Withdraw as Counsel.
3. The Rule to Show Cause was signed by the Honorable, Judge Bayley on March 13,
2000 allowing 10 days from this date to plaintiff Robert Fisher to respond contest the
withdrawal of counsel from his custody case due to non-payment of attorney's fees.
4. Plaintiff' Robert Fisher, has not contested the withdrawal of counsel from his case
within the 10 day period as prescribed by the Honorable Judge Bailey.
5. Defendant's attorney, James Bach, Esquire has granted his consent to Gregory S.
Hazlett, Esquire to withdraw as counsel.
WHEREFORE, Counsel respectfully requests that the Court enter an Order making
the Rule Absolute relative to Counsel's Motion to Withdraw as Counsel for Plaintiff
Robert Fisher and such other and further relief as is just and proper.
3/-2 3100
RESPECTFULLY,
HAZLETT&OESTERLING
ATTORNEYS AT LAW
Market Street
esbure. PA. 17055
Atty I.D. 69528
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
Robert L. Fisher CIVIL ACTION-LAW
Plaintiff
Vs. NO. 99-3765
IN CUSTODY
Danielle E. Fisher,
Defendant
I, Gregory S. Hazlett, Esquire, hereby certify that a true and correct copy of the
foregoing Motion to Make Rule Absolute, was made upon the interested parties listed
hereunder by, first class mail postage prepaid, a true copy on the 24' , day of March,
2000.
Robert Fisher
325 North Street
Boiling Springs, PA. 17007
James Bach, Esquire
325 S. Sporting Hill Road
Mechanicsburg, PA. 17055
Date: 2/24/2000
717-790-0490
Joasph A. Cincotta, M.D.
fo,Wf. ClnceNa, M.D.
DesRrey M. Jams, M.D.
DAY M. SChWI M.D.
DWd R. Wenner, D.O.
8wN Setur, M.D.
Iabi A. Alealm, C.R.N.P.
Denhle J. Hough, C.R.N.P.
Teas DN2, C.R.N.P.
Mary E. Poleon, C.R.N.P.
TOWN L. Johnson, PAC
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LICO MD-0221NII (PA)
LICI MD-030532•E (PA) BOWMANSDALE FAMILY PRACTICE
LICI 08-005403-1. (PA) 1 KACEY COURT, SUITE 101
LICI MD-0E2206-1. (PA) MECHANICSBURG, PA 17055
LICO VP-001525•B (PA) (717) 591.0961
LICO SP-0030968 (PA)
LICI SP401038•B (PA)
LICO SP-MO53•C (PA)
LICI MA-0007341. (PA) Appt Time
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45230 Slgmi. 87M0 Find Sept
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Abdominal Pain 789.00 Cervical Strain 847.0 IDDM NIDDM Hemorrhoids, Ext 455.3 Peripheral Vas. Dis. 443.9 Vaginitis, Candidal 112.1
Adrormal PAP 795.0 Chest Pain 786.50 Controlled 250.01 250.00 High Risk Med V58.69 Pneumonia 486 Vital syndrome 079.99
Arne 706.1 CAD 414.9 Uncontrolled 250.03 250.02 Hypelfipidamia 272.4 Post Menopausal 627.2 Warts 078.10
ADD 314.00 / ADHD 314.01 CHIP 428.0 Neuro 250.61 250.60 Hypertension 401.1 Rectal Bleeding 569.3 N.M.I. P.E. wRorm V70.3
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Allergic Rhinitis 477.9 Conjunctivitis 372.00 Renal 250.41 250.40 Hypothyroidism 244.9 Sinusitis - Acute 461.9 AtlulVAtldes. P.E. y78:q
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ROBERT L. FISHER, JR.,
Plaintiff
V.
DANIELLE E. FISHER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-3765 CIVIL TERM
ORDER OF COURT
AND NOW, this 5th day of April, 2000, this matter
having been called to court this date on a hearing on the
merits, the following order is entered:
1. All prior custody orders are vacated and replaced
with this order.
2. Robert L. Fisher, Jr., and Danielle E. Fisher
shall have shared legal custody of Shelby L. Fisher, born
October 19, 1995.
3. The mother and father shall have shared physical
custody of Shelby.
9. The
residence at 5:00
5. The
residence at noon
6. The
residence at noon
mother shall
p.m. today,
father shall
on Saturday,
mother shall
on Saturday,
pick up Shelby from the father's
April 5, 2000.
pick up Shelby at the mother's
April 22, 2000.
pick up Shelby from the father's
May 6, 2000.
7. Thereafter the transfers will be on an every
other Saturday basis with the parent getting the child being
the parent who picks up the child at the residence of the other
parent.
8. Each parent shall make arrangements for Shelby to
have telephone access with the other during the period of time
that Shelby is with that parent.
9. This court retains jurisdiction.
James M. Bach, Esquire
For Defendant
Robert L. Fisher, Jr., pro se
325 North Street
Boiling Springs, PA 17007
Sheriff
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By the Court;-.
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CAROL SHARPLES,
PLAINTIFF
VS.
ROBERT J. SHARPLES,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99 - 3767 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned as counsel of record for the Defendant
Robert J. Sharples.
BY: ti
even owel , Esgwre
619 Bridge Street
New Cumberland, PA 17070
(717) 770-1277
Supreme Court I.D. 62063
Attorney for Defendant
Date: April 12, 2000
Certificate of Service
I hereby certify that on the date set forth below a true and correct copy of the foregoing
document was served upon the following individuals by postage prepaid, first class United States
Mail addressed as follows:
Robert P. Kline, Esquire
P.O. Box 461
New Cumberland, PA 17070-0461
E
Date: April 12, 2000
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DANIELLE E. FISHER IN 77 [E COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROBERT L. FISHER, IR.
• 99-3765 CIVIL ACTION LAW
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, March 30, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator,
at 4th Floor Cumberland County Courthouse, Carlisle on Friday. April 27, 2001 at 8:30 a.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. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection front Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. C d![sgt, sue- `7
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 WIIERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle. Pennsylvania 17013
Telephone (717) 249-3166
/;1G2?
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DANIELLE E. FISHER,
Defendant/Petitioner
V.
ROBERT L. FISHER, JR.,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99-3765 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this day of 2001, in consideration of the attached
petition, it is hereby directed that the parties and their respective counsel appear before
Esquire, the conciliator, at
on the _ day of 2001 at _.m. for
a Pre-hearing Custody Conference. At such conference, effort will be made to resolve the issues
in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the
Court and to enter into a temporary order. All children age five or older may also be present at
the conference. Failure to appear at this conference may provide grounds for entry of a
temporary or permanent order.
By the Court,
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240-6200
AMERICANS WITH DISABHdTIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities 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.
DANIELLE E. FISHER, IN THE COURT OF COMMON PLEAS OF
Defendant/Petitioner
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
99-3765 CIVIL TERM
ROBERT L. FISHER, JR.,
Plaintiff/Respondent IN CUSTODY
PETITION FOR CUSTODY
AND NOW comes the Petitioner, Danielle E. Fisher, by her attorneys, Irwin, McKnight
& Hughes, and presents the following Petition for Custody.
The Petitioner is Danielle E. Fisher, an adult individual residing at 106-B Lincoln Street,
Carlisle, Cumberland County, Pennsylvania 17013.
2.
The Respondent is Robert L. Fisher, Jr., an adult individual residing at 325 North Street,
Boiling Springs, Cumberland County, Pennsylvania 17007.
3.
The parties are the natural parents of one child, namely, Shelby Linn Fisher, born October
19, 1995.
4.
Petitioner desires primary physical custody of the child and joint legal custody with
periods of visitation to respondent as the parties agree is appropriate and in the best interest of
the child.
5.
The best interest of the child requires that the court grant the petitioner's request as set
forth above.
WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking
primary physical custody of the child and joint legal custody with periods of visitation to
respondent as listed above.
Respectfully submitted,
& HUGHES
Date: 2001
By: ?J-v
Ma us Afor P. Mce , II, quire
Atttey t' oner
60 West Pomfret
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
VERIFICATION
The foregoing Petition for Custody is based upon information which has been gathered by
counsel and myself in the preparation of thir action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unworn falsification to authorities.
??.,40. ?sllalt
DANIELLE E. FISHER
Date: , 2001
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ROBERT L. FISHER, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DANIELLE E. FISHER, NO. 99-3765 CIVIL
Defendant IN CUSTODY
COURT ORDER
V*MA
AND NOW, this lb1Lday of April, 2001, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. The prior custody order entered in this case is vacated.
2. The Father, Robert L. Fisher, Jr., and the Mother, Danielle E. Fisher, shall enjoy
shared legal custody of Shelby Linn Fisher, bom October 19, 1995.
3. The parties shall share physical custody pursuant to the prior arrangement which was
a two week on/two week off schedule. This arrangement is contingent upon the
requirement that the child shall remain with the Father when the Father has custody,
and that the parties shall cooperate with each other to attempt to obtain one daycare
provider for the minor child to maintain the consistency of daycare.
4. Starting in late August or September when Shelby starts school, at that time the
Mother shall have primary physical custody with the Father enjoying alternating
weekends, alternating holidays, and other times as agreed upon by the parties. The
parties will work with each other to attempt to obtain an agreement for physical
custody of the minor child during the summer starting 2002. If the parties cannot
reach an agreement, either party may petition the court to have this case again
scheduled with the Custody Conciliator.
5. Arrangements with respect to transportation and other similar issues pertaining to
exchange of custody shall continue as they have in the past. ,If
BY T44E COURT
cc: Marcus A. McKnight, III
Robert L. Fisher, Jr.
325 North Street
Boiling Springs, PA 17007
Edgar B. Bayley
J.
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ROBERT L. FISHER, JR.,
Plaintiff
DANIELLE E. FISHER,
Defendant
Prior Judge: Edgar B. Bayley
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.99-3765 CIVIL
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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:
Shelby Linn Fisher, born October 19, 1995.
2. A Conciliation Conference was held on April 27, 2001, with the following individuals in
attendance:
The Mother, Danielle E. Fisher, with her counsel, Marcus A. McKnight, III, Esquire; and
the Father, Robert L. Fisher, Jr., who appeared without counsel.
3. The parties agree to the entry of an order in the form as attached.
qI 34 v( (1
DATE Hubert X. Gilr, Esquire
Custody Cop iator