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HomeMy WebLinkAbout07-2097Michelle Fisher, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, :CIVIL ACTION -LAW IN CUSTODY Christopher Fisher, Defendant : NO. CYl ^ Z4~17 CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Michelle Fisher, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The plaintiff is Michelle Fisher, residing at 51 Village Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The defendant is Christopher Fisher, residing at 3 Meadlowbrook Court, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff seeks primary custody of: Name Present Residence Age Shawn Fisher 51 Village Court, Mechanicsburg, PA 17050 7 The child is presently in the custody of Michelle Fisher, who resides at 51 Village Court, Mechanicsburg, PA 17050. During the past five years the child has resided with the following persons at the following addresses: Persons Plaintiff and half-siblings: Christopher Sheibley Cassandra Sheibley Address Dates 51 Village Court, Mechanicsburg, 5103-present PA 17050 Plaintiff, Defendant and half -siblings: Christopher Sheibley Cassandra Sheibley 215 N. Catherine St., Middleton, 8/99-5103 PA 17057 The mother of the child is Michelle Fisher. She is married. The father of the child is Christopher Fisher. He is married. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Christopher Sheibley Son Cassandra Sheibley Daughter Shawn Fisher Son 5. The relationship of defendant to the child is that of father. The defendant currently resides alone. 6. Plaintiff participated as a party, in a Protection From Abuse action docketed at No. 06- 6361 in the Cumberland County Court of Common Pleas and an Order containing a provision regarding custody of the child was established on November 7, 2006. That Order was modified on March 27, 2007 to remove the custody provision contained therein, so no order pertaining to the custody of the child currently exists. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, or any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has been the child's primary caretaker for all of the child's life; b. Plaintiff provides the child with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c. The child's half-siblings also reside with Plaintiff and it is in his best interest to continue to reside with them. d. Plaintiff is willing to accept custody of the child and to encourage regular contact between Defendant and the child. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant her shared legal custody and primary physical custody of the child, with the Defendant having periods of partial custody. Respectfully submitted, Date: L~~ (fl ~ Q~ (Mi'~ /~ Suz a Sekutowski Certified Legal Intern THOM .PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Verification I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date Michelli-1~'isher, Plaintiff C'-, ~ -n ~~ ~,i ~' .~ - c'_ - _ ~ ~.~ ri ..~~^ tied .1~ Michelle Fisher, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY Christopher Fisher, . Defendant NO. 07-~Q7 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Michelle Fisher, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date y 1 C~ o ~ Respectfully submitted, a Suz Sekutowski Certified Legal Intern c ROBE -iNS THOMAS .PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 c`~ ~ t~ ~ ._.., -~„- ~~ _ ? , -- ~» • ~_l " ~ ~ ~/ y ~.~ ~ My '~ Michelle Fisher, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION-LAW DIVORCE Christopher Fisher, Defendant NO.07 - 2097 CIVIL TERM CERTIFICATE OF SERVICE I, Suzanne Sekutowski ,Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Custody Complaint on Christopher Fisher at, West Shore Auto Care, 736 State Street, Lemoyne, PA 17043, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Christopher Fisher, on the 14~' day of Apri12007 as evidenced by the attached green card. w w .1 ~_ N ~~ r ~` 0 0 0 W ..0 O a 0 a w ru o- W R.I U1 r ^ ^ ^ ~ R ~ ,~ ~- m ; ~ ~ ~ ~ Suz Sekutowski ~ ~_ a ~ ~ ~ ~ ~ ~ Certified Legal Intern ac ~~;~ ~ v~ ~~~~ { .~ t„ C _ y fD ~, W i `p T ~ ~ ~ ~ a ~ N Meg Riesmeyer, Esq. -~ ~ ~ 8 m ~ a ~ ~ Su ervisin Attorne ,` ~~. ~g~a,~a p g Y ~ w b ~ w ~ ~ ; ~ ~ FAMILY LAW CLINIC "~ " o ~ ~ ~ 45 North Pitt Street ~~ W .~ ' ~ ~ Carlisle, PA 17013 m (717) 243-2968 Fax: (717) 243-3639 A G ~ ~ ~ ~~ ~~~~ s ~ ~~~ ~- - ~ ~~~ ~~ $ v 3 ~~ 3 ~. 0 3 a m r - ~:w _~ -n `~i a- =. ~ ~ ~~ ~ _} :' ~ ~ ~ m ~. ,+ ~ c;~ -< w MICHELLE FISHER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. CHRISTOPHER FISHER DEFENDANT 07-2097 CIVIL AC:TION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, Apri120, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 18, 2007 at 2:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to det3ne 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 from Abuse orders, Special 12elief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ John j. Mangan, jr., Esp. 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 FORTEI BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 (~~~~~ .,.ate ~`'~ ~.,~, -~?~°t~, co-n~-~i ~~/ ~'Odi/ v/v ~~~r~~~~~~~~~ ~~ k. ~ ~~ =~4 W~ +t2 ~d~t l~4Z ~~tliQ ~~~`~311~~ 3Q SEP 8820D7,p~'~ MICHELLE FISHER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CHRISTOPHER FISHER Defendant : No. 07-2097 Civil Term ACTION IN CUSTODY COURT ORDER AND NOW, this ~~~ day of September, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: The Mother, Michelle Fisher and the Father, Christopher Fisher, shall enjoy shared legal custody of the minor child, Shawn Fisher, born August 14, 1999. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each pazent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other pazent. 2. Physical Custody: The Mother shall have primary physical custody subject to Father's rights of partial physical custody as follows. Father shall have physical custody of the Child every Saturday from 1:00 pm unti19:00 pm. If, after one month, the parties agree that father's Saturday custodial periods are going well, the weekend custody periods shall change to overnight custodial periods every other weekend as follows. Father may choose to have his Child from Friday 6:00 pm until Sunday 4:00 pm. or from Saturday 1:00 pm. until Sunday 6:00 pm. Father shall notify Mother of his choice at least one day in advance of his custodial desire. This custodial schedule shall begin when Father contacts Mother of his desire to begin his custodial time with at least two hours' notice of the initial custodial period. 3. All custody exchanges between the parties, or their representatives shall be in the Arby's parking lot in Camp Hill, PA unless otherwise agreed upon. 4. Contact between the Parties is authorized as long as said contact is restricted to pertaining to custodial issues with the Child. 5. Mother and Father shall share holidays with the Child as follows: Christmas shall v 4 be divided into two blocks with Block A from noon on Christmas Eve until noon on Christmas Day. Father shall have Child for Block A in odd-numbered years and Mother shall have Child in even numbered years. Block B shall be from noon Christmas Day until noon on 12/26. Mother shall have the Child for Block B in odd numbered years and Father shall have Child in even numbered years. Father shall always have the Child on Father's Day from 10:00 am unti18:00 pm and Mother shall always have the Child from 10:00 am. unti18:00 pm. Easter shall be divided as follows: Block A shall be from noon on the Saturday before Easter until noon on Easter Sunday. Father shall have the Child for Block A in odd numbered years. Mother shall have the Child in even numbered years. Block B shall be from noon on Easter Sunday until noon the following Monday. Mother shall have Block B in odd numbered years and Father shall have Block B in even numbered years. For Thanksgiving, Block A shall be from noon on the Wednesday before Thanksgiving until noon on Thanksgiving Day. Father shall have Block A in odd numbered years and Mother in even numbered years. Block B shall be from noon on Thanksgiving Day until noon on the Friday after Thanksgiving. Mother shall have this Block B in odd numbered years and Father shall have this Block B in even numbered years. Mother and Father shall alternate physical custody of the Child on the 4`h of July, Memorial Day, Labor Day and New Years Day with Father having the Child for all four holidays in odd numbered years. Mother shall have all four holidays in even numbered years. The times for the holidays shall be mutually agreed upon. 6. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 9. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. B THE CO RT, J. t !; ~ _. _ .tin Cc: Anne MacDonald-Fox, Esquire Christopher Fisher, 3 Meadowbrook Court, New Cumberland, PA, 17070 John J. Mangan, Esquire MICHELLE FISHER 1N THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 07-2097 Civil Term CHRISTOPHER FISHER Defendant :ACTION 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: Shawn Fisher, born August 14, 1999, currently in the primary physical custody of the Mother. 2. A Conciliation Conference was held on May 18, 2007 with the following individuals in attendance: The Mother, Michelle Fisher with her counsel, Anne MacDonald-Fox, Esquire The Father, Christopher Fisher, failed to appear. 3. T/he parties agreed to the entry of an Order in the form as attached. Date: ~ / 2~~ -..~~ J .Mangan, squire stody Conc' iator