Loading...
HomeMy WebLinkAbout08-0475BARBARA and GREG FISHER IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08 - -/7S CIVIL TERM TANYA GIBB and DAVID E. RICHMOND, Defendants IN CUSTODY COMPLAINT FOR CUSTODY The plaintiffs are Barbara and Greg Fisher, residing at 230 Leeds Road, Newville, Cumberland County, Pennsylvania 17241. 2. The defendants are Tanya Gibb, residing at 99 Bauchman Drive, Newville, Cumberland County, Pennsylvania 17241 and David E. Richmond residing at 203 Potato Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiffs seek custody of the following child: Name Present Residence DOB Age Jordan Leach 99 Bauchman Drive 6/3/04 3 years Newville, PA The child was born out of wedlock The child is presently in the custody of Tanya Gibb who resides at 99 Bauchman Drive, Newville, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Tanya and Jeremy Gibb 99 Bauchman Drive 7/07-Present Newville, PA Barbara Clark and Ronald Boyer 335 Georgetown Road Gardners, PA 11/06/7/07 Tanya Gibb and Jeremy Gibb 610 Doubling Gap Road Newville, PA 4/l/06-11/06 Barbara and Greg Fisher 230 Leeds Road 6/3/04-3/06 Newville, PA 4. The mother of the child is Tanya Gibb residing at 99 Bauchman Drive, Newville, Cumberland County, Pennsylvania. She is married. The father of the child is David E. Richmond, currently residing at 203 Potato Road, Carlisle, Cumberland County, Pennsylvania He is not married. 5. The relationship of plaintiffs to the child is that of Grandmother and Grandfather. The plaintiffs currently reside with the following persons. Name Relationship Themselves 6. The relationship of defendants to the child is that of mother and father. The defendant Tanya Gibb currently resides with the following persons. Name Relationship Jeremy Gibb Husband It is unknown who the defendant, David E. Richmond resides with. 7. Plaintiffs have 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. Plaintiffs have information of a custody proceeding concerning the child pending in a court of this Commonwealth. Custody Order entered at Docket No. 2004-4896 granting Defendant mother, primary physical custody and Defendant father supervised visitation. Attached as Exhibit "A". Plaintiffs do not know of a person, not a party to the proceedings that has physical custody of the child and claim to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiffs have undertaken and performed the primary parental responsibilities for the child. Plaintiffs are best able to provide the care and nurture which the children need for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiffs continue to maintain the same family household for the child that has been maintained since birth. WHEREFORE, Plaintiffs request this Court grant Plaintiffs primary physical custody subject to structured partial custody by the Defendants. Respectfully submitted, ROMINGER & ASSOCIATES Date: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs 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. Cons. Stat. § 4904 relating to unworn falsification to authorities. Date: G B b Fisher and/or Greg Fisher Plaintiff Laserfiche WebLink a Laserfiche' Browse Template: Civil Docket# 04-4896 Plaintiff RICHMOND DAVID E Defendant LEACH TANYA Term Civil Case Type COMPLAINT - CUSTODY Date 9/29/2004 Plain0f2 PlaintiM Plaintiff4 Plaintiffs Plain&M Plaintiff? Plaintiff 8 Plaintiff9 Plaintiffl0 Plaintiffl I Plaintiffl2 Plaintiffl3 Plaintiffl4 Plaintiffl5 Plaintiffl6 Plaintilfl7 Plaintiffl8? Plaintiffl9 Plaintif20 Plaintif2l Plaintif22 Plaintiff23 Plaintiff24 Defendant Defendant3 Defendant4 Defendant5 Defendam:6 Defendant7 Defendant8 Defendant9 Defendantl0 Defendantl I Defendantl2 Defendant13 Defendantl4 DefendanYl5 Defendantl6 Defendantl7 Defendantl8 Page 1 of 1 Logout f it Page 10 of 41 Go S _ 'i C1 11 -, 35.19% + Pages 10 to 41 Prothonotary_7 > Civil Dockets > 2004 Dockets > 04- 4801 thm 04- 4900 > 04-4898 OCT 2 9 2004 ? 6 DAVID E. RICHMOND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2004-U% CIVIL TERM TANYA LEACH, : CIVIL ACTION - LAW Dahndaat : IN CUSTODY ORDER OF COURT AND NOW, this 4 day of IS O"-JA . 2004, upon consideration of the attached Custody Conciliation Report, it is ordared and directed as follows: 1. Mother, Tanya Leach, shall have sole legal custody of Jordan Ray Leech, bom June 3, 2004. 2. Mother shall have primary physical of the Child. 3. Father shall be entitled to 2 hours of supervised visitation weekly at the Carlisle YWCA, at tithes as arranged by the YWCA to accomtnodats Father's wort schedule and availability of transportation for the Child. Father shall be responsible for any fees charged by the YWCA. 4. This Order is entered pursuant to an agreement of the parties present at a Custody Conciliation Conference. The parties may modify the provisions of this Order by rnutual eoneeat. In the absence of mutual consent, the tams of this Order shall control. Either party may request another Conciliation Conference. BY URT, L awill 0. Fuggett, Esquire, Counsel for Father aylor Andrews, Esquire, Counsel for Moths J f - ail -off Z"?4? x Powered by Lasereohe WebUnk vertlon 7.0.5. Law-fiche is a regishi aademerk of Comp mk Managamerd Cerra, Inc. This copy a mWobred 1o: County of Cumbetland - Cammaabnen http://records.ccpa.net/weblink_public/DocView.aspx?id=32445&dbid=0 1/17/2008 9 .a w s' a '00 -D a a I t ) h..) -- N 1ti - P BARBARA AND GREG FISHER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TANYA GIBB AND DAVID E. RICHMOND DEFENDANT 2008-0475 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, January 25, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 26, 2008 at 9:30 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/ Jacqueline M. Verney, Esc,, Ire Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -P-/A,z e4),? 7?r -"- rn?-V,4(V "W, / itv SHERI D. COOVER, ESQUIRE ATTORNEY ID 93285 4311 NORTH SIXTH STREET HARRISBURG, PA 17110 (717) 221-9500 ATTORNEY FOR DEFENDANT GIBB NATHAN C. WOLF, ESQUIRE ATTORNEY ID 87380 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT RICHMOND BARBARA and GREG FISHER, : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-475 CIVIL TERM TANYA GIBB and DAVID E. RICHMOND, CIVIL ACTION -CUSTODY Defendants PRELIMINARY OBJECTIONS AND NOW COMES, the Defendant Tanya Gibb, by and through her counsel, Sheri D. Coover, Esquire, jointly with the Defendant David E. Richmond, by and through his counsel, Nathan C. Wolf, Esquire, and files these preliminary objections to Plaintiffs' Complaint for Custody and in support thereof avers as follows: 1. On or around January 22, 2008, Plaintiffs initiated the above action by filing a Complaint wherein Plaintiffs requested primary physical custody subject to structured partial custody of Defendants of the minor child, Jordan Leach. 2. The Plaintiffs are the maternal grandmother and maternal step-grandfather of the minor child. 3. Defendant Tanya Gibb (hereinafter referred to as "Mother") is the minor child's mother with whom he currently resides and with whom he has resided continuously since birth. 4. Defendant David E. Richmond (hereinafter referred to as "Father") is the minor child's biological father. 5. On or about February 9, 2006, the Honorable Edward E. Guido issued an Order for Custody at Docket No. 2004-4896 providing Mother with primary physical custody of the minor child and sole legal custody of the minor child and providing Father periods of visitation and the right to receive medical concerning the minor child from Mother. 6. That action was captioned David Richmond versus Tanya Leach, the latter of whom subsequently married on June 1, 2006 and assumed the name Tanya Gibb. 7. A conciliation conference in this matter has been scheduled for Tuesday, February 26, 2008, before Jacquelyn Verney, Esquire, Custody Conciliator. 8. No prior Orders have been issued at this term and docket, and there has been no prior judge assigned to the action at this term and docket. 9. No prior opportunity has existed to raise preliminary objections in this matter. 10. Defendants Gibb and Richmond hereby jointly raise preliminary objections to the Plaintiffs' Complaint in that the Plaintiff do not have standing to seek custody of this child. PRELIMINARY OBJECTION TO STANDING OF PLAINTIFF BARBARA FISHER 11. Defendants incorporate paragraphs 1 through 10 as if contained herein in their entirety. 12. The minor child has continuously resided with his natural mother, Defendant Gibb, since his birth. (See, Defendants'Exhibit #1, Affidavit of Tanya Gibb). 13. At all times since the child's birth, Defendant Tanya Gibb has continuously been present in the child's life and provided for the physical, emotional and social needs of the child. (See, Defendants'Exhibit 1, Affidavit of Tanya Gibb). 14. For the period of twelve months preceding the filing of the instant Complaint, the child did not reside with Plaintiff Barbara Fisher. (See, Complaint ¶ 3). 15. For the period of twelve months preceding the filing of the instant Complaint, while the child did visit periodically with Plaintiff Barbara Fisher, Plaintiff Fisher had not assumed the role and responsibilities of the child's parent. (See, Defendants' Exhibit 1, Affidavit of Tanya Gibb). 12. The subject minor child has not been determined to be a dependent child pursuant to 42 Pa.C.S. Ch 63. 13. The complaint does not raise any allegations of parental abuse, neglect, drug or alcohol abuse or mental illness, not do any such issues exist. 14. There have been no founded reports of abuse of the minor child against either of the Defendants or Defendant Gibb's current husband who resides in the household with the minor child. 15. Plaintiff Barbara Fisher has failed to set forth a claim for custody pursuant to the provisions of 23 Pa.C.S. §5313, entitled, "When grandparents may petition." 16. Plaintiff Barbara Fisher could not set forth a viable claim pursuant to the aforesaid statutory provisions based upon the facts set forth in these preliminary objections and the exhibits attached thereto. 3 WHEREFORE, Defendants Gibb and Richmond respectfully request that this Honorable Court issue an Order sustaining the instant preliminary objection and dismissing the claim of Plaintiff Barbara Fisher for custody along with any additional relief that the Court may deem appropriate and just. PRELIMINARY OBJECTION TO STANDING OF PLAINTIFF GREG FISHER 17. Defendants incorporate paragraphs 1 through 16 as if contained herein in their entirety. 18. Plaintiff Greg Fisher is married to Plaintiff Barbara Fisher who is the natural mother of Defendant Gibb. (See, Defendants'Exhibit #1, Affidavit of Tanya Gibb). 19. Plaintiff Greg Fisher is not the natural father of Defendant Gibb. (See, Defendants' Exhibit #1, Affidavit of Tanya Gibb). 20. Plaintiff Greg Fisher is not the minor child's natural grandparent. 21. Standing to seek custody of the minor child is not conferred onto Plaintiff Greg Fisher by any statute or any common law doctrine recognized by the courts of the Commonwealth of Pennsylvania, as he is not the minor child's natural grandparent and because he has never stood in loco parentis to the child. 22. Plaintiff Greg Fisher should therefore not be permitted to pursue a claim for custody of the child and Defendants' object to his standing to file the instant complaint for custody. WHEREFORE, Defendants Gibb and Richmond respectfully request that this Honorable Court issue an Order sustaining the instant preliminary objection and dismissing the claim of 4 Plaintiff Barbara Fisher for custody along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, Dated: February Ig , 2008 y: GS B C D. Coover, Esquire dee?ri Supreme Court I.D. No. 93285 4311 N. Sixth Street Harrisburg, PA 17110 Attorney for Defendant Gibb WOLF & Dated: February -, 2008 By: at Law Natlian , Esquire 10 We •' h Street Kji Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant Richmond 5 SHERI D. COOVER, ESQUIRE ATTORNEY ID 93285 4311 NORTH SIXTH STREET HARRISBURG, PA 17110 (717) 221-9500 ATTORNEY FOR DEFENDANT GIBB NATHAN C. WOLF, ESQUIRE ATTORNEY ID 87380 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT RICHMOND BARBARA and GREG FISHER, Plaintiffs Vi. TANYA GIBB and DAVID E. RICHMOND, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-475 CIVIL TERM : CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire hereby certify that on this /I day of Feburary, 2008, the foregoing PRELIMINARY OBJECTIONS have been served upon Defendants' counsel via United States First Class mail addressed as follows: Karl E. Rominger, Esquire ROMINGER AND ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 Dated: February ?, 2008 By: Respectfully s witted, WOLF & JOLF, Attorneys at Law NathaA C , Esquire 10 Wexf High Street Ca sle A 17013 S e Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant Richmond 6 SHERI D. COOVER, ESQUIRE ATTORNEY ID 93285 4311 NORTH SIXTH STREET HARRISBURG, PA 17110 (717) 221-9500 ATTORNEY FOR DEFENDANT GIBB NATHAN C. WOLF, ESQUIRE ATTORNEY ID 87380 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT RICHMOND BARBARA and GREG FISHER, Plaintiffs V. TANYA GIBB and DAVID E. RICHMOND, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-475 CIVIL TERM CIVIL ACTION - CUSTODY AFFIDAVIT OF TANYA GIBB AND NOW, comes Tanya Gibb who submits that the following information is true and correct and in support of this Affidavit states the following: 1. I currently reside at 99 Baughman Drive, Newville, Pennsylvania with my husband, Jeremy Gibb and my two children, Jordan Leach (DOB 6/3/04) and Cameron Gibb (DOB 1/14/08). 2. Jordan Leach was born prior to my marriage to Jeremy Gibb on June 1, 2006. 3. Jordan Leach has resided with myself and my husband at 99 Baughman Drive, Newville, Pennsylvania since July 2007 (Cameron has resided there also since her birth in January of 2008). 4. Between November 2006 and July 2007, Jordan Leach resided at 335 Georgetown Road, Gardners, Pennsylvania with Barbara Clark and Ronald Boyer (Tanya's grandmother and grandmother's boyfriend) along with Jeremy Gibb and myself. 5. Between April 2006 and November 2006, Jordan Leach resided at 610 Doubling Gap Road, Newville, Pennsylvania with only Jeremy Gibb and myself. 6. Between June 2004 and March 2006, Jordan Leach resided with Barbara and Gregory Fisher (Tanya's mother and mother's husband) and myself. 7. Jordan has resided in the same household with me since he was born. 8. While my mother, Barbara Fisher has visited periodically with Jordan, I have never requested for my mother to assume the role as his parent and she has never done so. 9. Currently Jordan visits with my mother, Barbara Fisher approximately one day per week. 10. Barbara Fisher is my natural mother. 11. My natural father is named John Leach, who resides in Hanover, Pennsylvania. 12. Barbara Fisher resides with Greg Fisher. 13. Greg Fisher married my mother, Barbara Fisher after I was born. 14. Greg Fisher is not my natural father. I swear and affirm that the foregoing information is true and correct to the best of my knowledge, information and belief. I understand that I can be subject to penalties both criminally and civilly for any false statements contained herein. kf? Date: L V L'y I-?? Tanya Gibb 2 Tr i `M t + 1 FEB 1 9 2008 ?l BARBARA and GREG FISHER, : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-475 CIVIL TERM TANYA GIBB and DAVID E. RICHMOND, ; CIVIL ACTION - CUSTODY Defendants ORDER OF COURT AND NOW THIS j;)day of 008, upon consideration of the foregoing preliminary objections filed by the Defendants, the conciliation conference scheduled for February 26, 2008 ' WON" &be b0*1011v 100110A --- -- Tit * !i i e 1 ¦, n RT! lRI1lR@ !*1? u 1 r /-?l 1 1 s s? / 1 1 1 A. COX AVVP?4 Y-4 S jz,Q,Q Irv- aw? C'4 c.? c.•r*.r-Q pep -0" r. By: J• stribution: azl E. Rominger, Esquire //For the Plaintiffs Aathan C. Wolf, Esquire For Defendant Richmond /tn D. Coover, Esquire For Defendant Gibb V r? CHs Jj FEB 2 7 2008 p'Y 3 BARBARA and GREG FISHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2008-475 CIVIL ACTION - LAW TANYA GIBB and DAVID E. RICHMOND, Defendants : IN CUSTODY ORDER OF COURT AND NOW, this ? day of FA--in7 '2008 ,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Preliminary Objections filed in this matter shall be held in abeyance. All parties reserve their respective positions raised in the Preliminary Objections for any future litigation. Any party seeking to list this matter on the issue of the Preliminary Objections is subject to Grandmother's right to file an amended complaint for custody within ten days of receiving notice of the request for hearing on the Preliminary Objections. Entry of this Order shall not be construed as a determination on the issue of standing regarding Grandmother. This order in no way prejudices any party with regard to the issue of Grandmother's standing. 2. Grandmother shall have periods of visitation with the child as follows: A. Beginning Tuesday, March 4, 2008, on an alternating weekly schedule Tuesdays from 10:00 a.m. to Wednesdays at 5:00 p.m. B. On the off Tuesdays, from 10:00 a.m. to 5:00 p.m. 3. The provisions of the Order of Court at Docket No. 04-4896 may be modified so long as the modification does not materially affect the provisions of this Order. 4. This Order is entered pursuant to agreement of the parties at a 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 TH URT Edward E. Guido, J. c . arl E. Rominger, Esquire, Counsel for Grandmother Seri D. Coover, Esquire, Counsel for Mother ?athan C. Wolf, Esquire, Counsel for Father 1.I2S/o8 Ald FEB 2 7 2008 BARBARA and GREG FISHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. TANYA GIBB and DAVID E. RICHMOND, Defendants :2008-475 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 Jordan Leach June 3, 2004 Mother 2. A Conciliation Conference was held in this matter on February 26, 2008 with the following individuals in attendance: the maternal Grandmother, Barbara Fisher, with her counsel, Karl E. Rominger, Esquire; the Mother, Tanya Gibb with her counsel, Sheri D. Coover, Esquire; and the Father, David E. Richmond, with his counsel, Nathan C. Wolf, Esquire. 3. The Honorable Edward E. Guido entered an Order of Court dated February 20, 2008, referring the matter for conciliation without a hearing on the Preliminary Objections. The Honorable Edward E. Guido previously entered an Order of Court dated November 4, 2004 at Docket No. 2004-4896 concerning this child in an action between Father and Mother, wherein Mother has sole legal custody and primary physical custody and Father has supervised visitation weekly at the YWCA. 4. The parties agreed to the entry of an Order in the form as attached. -a 7 -a 8 M Date ac line M. Verney, Esquire Custody Conciliator ? y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TANYA GIBB, Petitioner V. BARBARA FISHER, Respondent : CIVIL ACTION AT LAW : Case No. 08-475 PETITION FOR MODIFICATION OF A VISITATION ORDER AND NOW, comes Petitioner, Tanya Gibb, by and through her attorney, Sheri D. Coover, Esquire and files this PETITION and in support thereof avers as follows: 1. On February 27, 2008, this Court issued an order granting Respondent Barbara Fisher(grandmother) periods of visitation with the minor child, Jordan Leach as follows: A. Beginning Tuesday, March 4, 2008, on an alternating weekly schedule Tuesdays from 10:00 a.m. to Wednesday at 5:00 p.m. B. On the off Tuesdays from 10:00 a.m. to 5:00 p.m. A copy of that Order is hereby attached. 2. This Order should be modified because Jordan Leach has begun to attend pre-school on a daily basis and a more stable schedule is requested which would allow the child more time at home or, in the WHEREFORE, Petitioner requests that the Court modify the existing Order for visitation because it will be in the best interest of the child. submitted, Coover, Esquire ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075; (717) 960-0074 (Fax) 0e .` TANYA GIBB, : CIVIL ACTION AT LAW Petitioner : Case No. 08-475 vi. BARBARA FISHER, Respondent VERIFICATION I, Sheri D. Coover, Esquire 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 - 7- - U'6 & b4=1" Tanya Gi CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 3rd day of September, 2008, I caused the foregoing PETITION TO MODIFY VISITATION to be served on the following parties addressed as follows by U.S. First Class mail: Karl E. Rominger, Esquire 155 S. Hanover Street Carlisle, PA 17013 Nathan Wolfe, Esquire 35 E. High Street Carlisle, PA 17013 submitted, Coover, Esquire ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075; (717) 960-0074 N co "J \- TANYA GIBB IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-475 CIVIL ACTION LAW BARBARA FISHER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, September 09, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 14, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ac ueline M. Verne 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 Telephone (717) 249-3166 VIWA- hSNP 91 =Z Nd Q t AS ROOZ AWiCA(-)Hi0'a'd ?Ni 10 30LB'tw BARBARA and GREG FISHER, : IN THE COURT OF COMMON PLEAS OF Plaintiffs/Respondents : CUMBERLAND COUNTY, PENNSYLVANIA V. :2008-475 CIVIL ACTION - LAW TANYA GIBB Defendant/Petitioner DAVID E. RICHMOND, Defendant/Respondent : IN CUSTODY ORDER OF COURT AND NOW, this 14(* day of N , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I . Grandparents shall have 10 days from the date of this Order of Court to file an Amended Complaint. In the event that Grandparents fail to file an amended comp mt, a hearing on the Preliminary Objections is schedule in Court Room No. of the Cumberland County Court House, on the _ day of N-06WO" .2008, at G o'clock, ?. M. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated February 27, 2008 shall remain in full force and effect. Y THE C T, Edward E. Guido, J. cc• Oesterling, Esquire, Counsel for Grandmother e ' D. Coover, Esquire, Counsel for Mother than C. Wolf, Esquire, Counsel for Father c, \ _ ??i YN,'VA-IA& N3d 10 60 :11 WV ' 1 AON OOOZ WN HiQ d 3Nl ?Q s NO, V ; 0 7 2008 f, BARBARA and GREG FISHER, : IN THE COURT OF COMMON PLEAS OF Plaintiffs/Respondents V. TANYA GIBB Defendant/Petitioner DAVID E. RICHMOND, Defendant/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA :2008-475 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 Jordan Leach June 3, 2004 Mother 2. A Conciliation Conference was held in this matter on November 6, 2008 with the following individuals in attendance: the maternal Grandmother and step- Grandfather, Barbara and Greg Fisher, with their counsel, Lee E. Oesterling, Esquire; the Mother, Tanya Gibb with her counsel, Sheri D. Coover, Esquire; and the Father, David E. Richmond, with his counsel, Nathan C. Wolf, Esquire. 3. The Honorable Edward E. Guido entered an Order of Court dated February 27, 2008, holding the Preliminary Objections in abeyance and giving Grandmother alternating Tuesday overnight and on the off Tuesday several hours during the day. These times coincided with Grandmother's days off from work. The Honorable Edward E. Guido previously entered an Order of Court dated November 4, 2004 at Docket No. 2004-4896 concerning this child in an action between Father and Mother, wherein Mother has sole legal custody and primary physical custody and Father has supervised visitation weekly at the YWCA. 4. Mother filed for modification of the February 27, 2008 Order of Court. Mother's position on custody is as follows: Mother seeks sole legal custody, primary physical custody and does not believe that Grandmother has standing to pursue a custody action and therefore should not have any custodial time with the child. The child has 7, s started Head Start and Mother believes Grandmother's periods of custody disrupt the child's learning. Mother asks the Court to schedule a hearing on the Preliminary Objections and following a hearing grant the Preliminary Objections, dismissing Grandparents' Complaint. 5. Father's position on custody is as follows: Father concurs with Mother and seeks a hearing in regard to the Preliminary Objections. 6. Grandparents' position on custody is as follows: Grandparents seek to file an amended complaint before the hearing on the Preliminary Objections. They believe they have standing to pursue custody. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing on the Preliminary Objections, but granting Grandparents 10 days to file an Amended Complaint. Pending the filing of an Amended Complaint and hearing on the Preliminary Objections, the prior Order shall remain in full force and effect. It is expected that Preliminary Hearing will require one half day. 1l-4-08 Date cq line M. Verney, Esquire Custody Conciliator BARBARA and GREG FISHER Plaintiffs V. TANYA GIBB and DAVID E. RICHMOND, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 475 CIVIL TERM IN CUSTODY AMENDED COMPLAINT FOR CUSTODY 1. The plaintiffs are Barbara and Greg Fisher, residing at 230 Leeds Road, Newville, Cumberland County, Pennsylvania 17241. 2. The defendants are Tanya Gibb, residing at 99 Bauchman Drive, Newville, Cumberland County, Pennsylvania 17241 and David E. Richmond residing at 203 Potato Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Pursuant to an Order of Court entered November 14, 2008, Plaintiff's file this Amended Complaint pursuant to 23 Pa.C.S.A. Section 5313. 4. Plaintiffs seek custody of the following child: Name Present Residence DOB Age Jordan Leach 99 Bauchman Drive 6/3/04 3 years Newville, PA The child was born out of wedlock The child is presently in the custody of Tanya Gibb who resides at 99 Bauchman Drive, Newville, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Tanya and Jeremy Gibb 99 Bauchman Drive 7/07-Present Newville, PA Barbara Clark and 335 Georgetown Road 11/06/7/07 Ronald Boyer Gardners, PA Tanya Gibb and Jeremy Gibb 610 Doubling Gap Road 4/1/06-11/06 Newville, PA Barbara and Greg Fisher 230 Leeds Road 6/3/04-3/06 Newville, PA S. The mother of the child is Tanya Gibb residing at 99 Bauchman Drive, Newville, Cumberland County, Pennsylvania. She is married. The father of the child is David E. Richmond, currently residing at 203 Potato Road, Carlisle, Cumberland County, Pennsylvania He is not married. 6. The relationship of plaintiffs to the child is that of Grandmother and Step-Grandfather. The plaintiffs currently reside with the following persons. Name Relationship Themselves 7. The relationship of defendants to the child is that of mother and father. The defendant Tanya Gibb currently resides with the following persons. Name Relationship Jeremy Gibb Husband It is unknown who the defendant, David E. Richmond resides with. 8. Plaintiffs have 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. Plaintiffs have information of a custody proceeding concerning the child pending in a court of this Commonwealth. Custody Order entered at Docket No. 2004-4896 granting Defendant mother, primary physical custody and Defendant father supervised visitation. Plaintiffs do not know of a person, not a party to the proceedings that has physical custody of the child and claim to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiffs have undertaken and performed the primary parental responsibilities for the child. Plaintiffs are best able to provide the care and nurture which the children need for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiffs continue to maintain the same family household for the child that has been maintained since birth. WHEREFORE, Plaintiffs request this Court grant Plaintiffs primary physical custody subject to structured partial custody by the Defendants. Respectfully submitted, ROMINGER & ASSOCIATES Date: Lee E. Oesteisquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 71320 Attorney for Plaintiffs BARBARA and GREG FISHER : IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08 - 475 CIVIL TERM TAN YA GIBB and DAVID E. RICHMOND, Defendants IN CUSTODY VERIFICATION We verify that the statements made in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. b? Date: Barbara Fisher and/or Greg Fisher, Plaintiffs BARBARA and GREG FISHER Plaintiffs vi. : TANYA GIBB and DAVID E. RICHMOND, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 475 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Lee E. Oesterling, Esquire certify that I this day served a copy of the within Amended Complaint for Custody, by depositing the same in the United States mail postage prepaid first class mail addressed as follows: Sheri D. Coover, Esquire 44 South Hanover Street Carlisle, Pennsylvania 17013 Nathan C. Wolf, Esquire Wolf & Wolf 10 W. High Street Carlisle, Pennsylvania 17013 Date: //Z&z0-'s-- Respectfully submitted, ROMINGER & ASSOCIATES Lee E. Oesteifing,Xgs4uire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 71320 Attorney for Plaintiffs ,row t ` Jl te r. r ) ,Y SHERI D. COOVER, ESQUIRE ATTORNEY ID 93285 44 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 960-0075 ATTORNEY FOR DEFENDANT GIBB NATHAN C. WOLF, ESQUIRE ATTORNEY ID 87380 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT RICHMOND BARBARA and GREG FISHER, Plaintiffs V. TANYA GIBB and DAVID E. RICHMOND, Defendants : IN THE COURT F COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-475 CIVIL TERM CIVIL ACTION - CUSTODY AND NOW COMES, the Defendant Tanya Gibb, by 4nd through her counsel, Sheri D. Coover, Esquire, jointly with the Defendant David E. Richmond, by and through his counsel, Nathan C. Wolf, Esquire, and files these preliminary objections to Plaintiffs' Amended Complaint for Custody and in support thereof avers as follows: 1. On or around January 22, 2008, Plaintiffs ' 'tiated the above action by filing a Complaint wherein Plaintiffs requested primary physical c tody subject to structured partial custody of Defendants of the minor child, Jordan Leach. 2. On or about, November 24, 2008, pursuant to Ian Order of Court issued November 14, 2008, the plaintiffs filed an Amended Complaint for custody as aforesaid. The Plaintiffs are the maternal grandmother and maternal step-grandfather of the minor child. 3. Defendant Tanya Gibb (hereinafter referred + as "Mother") is the minor child's mother with whom he currently resides and with whom he has resided continuously since birth. r 4. Defendant David E. Richmond (hereinafter +ferred to as "Father") is the minor child's biological father. 5. On or about February 9, 2006, the Honorable ?dward E. Guido issued an Order for Custody at Docket No. 2004-4896 providing Mother with p ' ry physical custody of the minor child and sole legal custody of the minor child and provi ' Father periods of visitation and the right to receive medical concerning the minor child from 6. On or about December 15, 2008, the for custody at Docket No. 2004-4896, upon stipulation and legal custody between Mother and Father and confirming providing for a schedule of partial physical custody with Fath 7. That action was captioned David Richmond i subsequently married on June 1, 2006 and assumed the name 8. A conciliation conference in this matter was before Jacquelyn Verney, Esquire, Custody Conciliator. 9. Preliminary objections were filed to the following an agreement reached at the conciliation temporary custody order was issued on February 27, 2008 raise their challenge to standing at a later date. 10. Mother filed a petition to modify at this dod since the child began participation in the HeadStart program 11. A conciliation conference was held on No` indicated her intention to file an amended complaint in this reserved the right to file preliminary objections. Edward E. Guido issued an Order which provided for shared custody with Mother while Tanya Leach, the latter of whom Gibb. on Tuesday, February 26, 2008, which were held in abeyance held on February 26, 2008, and a out prejudice to the defendants to to differences which have arisen Mother and Plaintiff. 6, 2008 at which time Plaintiff to which Mother and Father had 2 12. The Honorable Edward E. Guido has issued all prior orders at this docket and at Docket 2004-4896. 13. No prior opportunity has existed to raise 1 complaint in this matter. 14. Defendants Gibb and Richmond hereby joi Plaintiffs' Amended Complaint in that the Plaintiff do not child. 15. Defendants incorporate paragraphs 1 entirety. 16. The minor child has continuously resided with since his birth. (See, Defendants'Exhibit #1, Affidavit of Tanya 17. At all times since the child's birth, Defendan present in the child's life and provided for the physical, em( (See, Defendants'Exbibit 1, Affidavit of Tanya Gibb). 18. For the period of twelve months preceding th child did not reside with Plaintiff Barbara Fisher. (See, Compla 19. For the period of twelve months preceding the the child did visit periodically with Plaintiff Barbara Fisher, Plai and responsibilities of the child's parent. (See, Defendants' Exbii 12. The subject minor child has not been determir. to 42 Pa.C.S. Ch 63. iminary objections to the amended raise preliminary objections to the e standing to seek custody of this 10 as if contained herein in their natural mother, Defendant Gibb, b). Tanya Gibb has continuously been ional and social needs of the child. filing of the instant Complaint, the it 13). ling of the instant Complaint, while tiff Fisher had not assumed the role 1, Affidavit of Tanya Gibb). d to be a dependent child pursuant 3 rf 13. The complaint does not raise any allegation, of parental abuse, neglect, drug or alcohol abuse or mental illness, nor do any such issues exist. 14. There have been no founded reports of abuse f the minor child against either of the Defendants or Defendant Gibb's current husband who resi es in the household with the minor child. 15. Plaintiff Barbara Fisher has failed to set forth a claim for custody pursuant to the provisions of 23 Pa.C.S. §5313, entitled, "When grandparents y petition." 16. Plaintiff Barbara Fisher could not set forth a ' ble claim pursuant to the aforesaid statutory provisions based upon the facts set forth in these p liminary objections and the exhibits attached thereto. WHEREFORE, Defendants Gibb and Richmond Court issue an Order sustaining the instant preliminary o Plaintiff Barbara Fisher for custody along with any additi, appropriate and just. 17. Defendants incorporate paragraphs 1 entirety. 18. Plaintiff Greg Fisher is married to Plaintiff of Defendant Gibb. (See, Defendants'Exhibit #1, Affidavit of T 19. Plaintiff Greg Fisher is not the natural father ( Exhibit #1, Affidavit of Tanya Gibb). request that this Honorable ion and dismissing the claim of relief that the Court may deem 16 as if contained herein in their Fisher who is the natural mother mya Gibb). f Defendant Gibb. (See, Defendants' 4 5 ' 20. Plaintiff Greg Fisher is not the minor child's n tural grandparent. 21. Standing to seek custody of the minor child is not conferred onto Plaintiff Greg Fisher by any statute or any common law doctrine recognize by the courts of the Commonwealth of Pennsylvania, as he is not the minor child's natural grandpa nt and because he has never stood in loco parentis to the child. 22. Plaintiff Greg Fisher should therefore not be p r pitted to pursue a claim for custody of the child and Defendants' object to his standing to file the ' stant complaint for custody. WHEREFORE, Defendants Gibb and Richmond respectfully request that this Honorable Court issue an Order sustaining the instant preliminary objection and dismissing the claim of Plaintiff Barbara Fisher for custody along with any additio al relief that the Court may deem appropriate and just. submitted, Dated: December n , 2008 By: Dated: December 2008 ?Ciprem Court I.D. No. 93285 4311 N. ixth Street Harrisb rg, PA 17110 Attorne for Defendant Gibb WOLF 4c WOLF, Attorneys at Law Nath olf, Esquire 10 igh Street Carlisle, A 17013 Supreme Court I.D. No. 87380 (717) 2414436 for Defendant Richmond 5 4 SHERI D. COOVER, ESQUIRE ATTORNEY ID 93285 44 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) %0-0075 ATTORNEY FOR DEFENDANT GIBB NATHAN C. WOLF, ESQUIRE ATTORNEY ID 87380 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT RICHMOND 1iA"ARA and GREG FISHER, Plaintiffs vi. TANYA GIBB and DAVID E. RICHMOND, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND OUNTY, PENNSYLVANIA NO. 2008-475 : CIVIL ACTION I, Nathan C. Wolf, Esquire hereby certify that on this d foregoing AMENDED PRELIMINARY OBJECIIONS have counsel via United States First Class mail addressed as follows: Karl E. Rominger, Esquire Lee Osterling, Esquire ROMINGER AND ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 WOLF Dated: December ?7,2008 Nathan TERM day of December, 2008, the i served upon Defendants' submitted, 3If, Attorneys at Law Esquire 10 West igh Street Carlisle, A 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney or Defendant Richmond 6 ,,.a? °` ?, -i t'-w ?. :? .7 ?- -'-'1 ...? t: ?.j y ?',i A Cr -°4 BARBARA and GREG FISHER, : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-475 CIVIL TERM TANYA GIBB and . DAVID E. RICHMOND, CIVIL ACTION -CUSTODY Defendants ORDER OF COURT AND NOW THIS )34 day of March, 2009, based upon the agreement of counsel for the parties that there is no objection to the scheduling of a hearing on the preliminary objections filed to the Plaintiffs' amended complaint, it is hereby Ordered and Decreed that a hearing is scheduled in the above matter for the < <O 4 day of /4v; t , 2009 at // : 06 o'clock 6 m. before the undersigned in Courtroom 3 of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County Pennsylvania, 17013. BY T W By: Hon. Edward E. Guido, J. .jetribution: /Lee Osteding, Esquire For the Plaintiffs AF erri Coover, Esquire r Defendant Gibb V /Rathan C. Wolf, Esquire V For Defendant Richmond vil F,`S •6 WV SZ M 60OZ AdViJN" 'H.[U'u3d -:"Ni ?O Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA and GREG FISHER, Plaintiffs CIVIL ACTION AT LAW Case No. 2008-475 V. TANYA G113B and DAVID E. RICHMOND, IN CUSTODY MOTION TO CONTINUE HEARING AND NOW, comes Defendant Tanya Gibb, by and through her counsel, Sheri D. Coover, Esquire and files the following MOTION TO CONTINUE HEARING and in support thereof avers as follows: 1. On March 23, 2009, this Court issued an Order which scheduled a hearing on the preliminary objections filed to the Plaintiffs' amended complaint on the above- captioned custody matter for April 16, 2009 at 11:00 a.m. A true and correct copy of said Order is hereby attached to this Motion. 2. Undersigned counsel will be on a pre-paid vacation to Iowa from April 16, 2009 until April 21, 2009 and is thus unable to represent the Plaintiff at the scheduled hearing. 3. Attorney Lee Osterling, Esquire on behalf of the Plaintiffs and Attorney Nathan Wolf, Esquire on behalf of Defendant Richmond have been contacted and have indicated that they concurs with the foregoing motion and do not oppose continuing the hearing until another date. 4. None of the parties will suffer prejudice as a result of the hearing being rescheduled. WHEREFORE, it is hereby requested that this Court reschedule the April 16, 2009 hearing on the preliminary objections filed to the Plaintiffs' Amended: Complaint. submitted, Pheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA and GREG FISHER, : CIVIL ACTION AT LAW Plaintiffs : Case No. 2008-475 V. TANYA GIBB and IN CUSTODY DAVID E. RICHMOND, CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this S15?- day of (`(,)G.r C" , 2009, I caused the foregoing motion to be served upon the following persons by United States First Class mail postage pre-paid addressed as follows: Nathan Wolf, Esquire Lee Osterling, Esquire Wolf & Wolf Rominger & Associates 10 West High Street 155 S. Hanover Street Carlisle, PA 17013 Carlisle, PA 17013 Re y submitted, JD. LCoover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 BARBARA and GREG FISHER, Plaintiffs V. TANYA GIBB and DAVID E. RICHMOND, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-475 CIVIL TERM : CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW THIS a34 day of March, 2009, based upon the agreement of counsel for the parties that there is no objection to the scheduling of a hearing on the preliminary objections filed to the Plaintiffs' amended complaint, it is hereby Ordered and Decreed that a hearing is scheduled in the above matter for the < <O day of , 2009 at o'clock a m. before the undersigned in Courtroom 3 of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County Pennsylvania, 17013. BY T OUR By: Hon. Edward E. Guido, J. Distribution: Lee Osterling, Esquire For the Plaintiffs Sherri Coover, Esquire For Defendant Gibb Nathan C. Wolf, Esquire For Defendant Richmond = "' ?°' =-_ :.?, i i _.. ' ---? ?'? ? ??= ,?? ..,,,., r ,? --- :. _ _..;, 03 APR 0120096 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA and GREG FISHER, Plaintiffs V. TANYA GIBB and DAVID E. RICHMOND, CIVIL ACTION AT LAW Case No. 2008-475 : IN CUSTODY ORDER 2009, upon AND NOW, this day of ?r4 9 consideration of Plaintiff's Motion to Continue Hearing, it is hereby Ordered that the custody e?ug currently scheduled for April 16, 2009 a 0 in. is rescheduled until 2009 at /- A.M. in Co m No. of the Cumberland County Courthouse. // :.30 A. /n- J. Date: Distribution List: ? Lee Osterling, Esquire, Attorney for Plaintiffs 155 S. Hanover Street, Carlisle, PA 17013 ,,4heri D. Coover, Esquire, Attorney for Defendant Tanya Gibb 44 S. Hanover Street, Carlisle, PA 17013 Nathan Wolf, Esquire, Attorney for Defendant David Richmond Wolf & Wolf, 10 W. High Street, Carlisle, PA 17013 Cp ?s mzt L I VINVA" SINN:13-d Wd 9- 8dv 6001 BARBARA FISHER, Plaintiff V. TANYA GIBB and DAVID E. RICHMOND, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-475 CIVIL TERM CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 27th day of April, 2009, based upon the stipulated facts that the child and natural mother lived continuously with Plaintiff Barbara Fisher from June of 2004 until March of 2006, the parties are directed to file a brief in support of their respective positions in connection with the preliminary objections by close of business on May 27, 2009. We note that the Plaintiff has withdrawn any request for primary physical custody. Therefore, the remaining preliminary objections are to Plaintiff'S standing to pursue partial physical custody and visitation. B' Edward E. Guido, J. XLee E. Oesterli ng, Esquire F r the Plaintiffs Sheri D. Coover, Esquire Fqr Defendant Gibb .//Nathan C. Wolf, Esquire For Defendant Richmond srs [ES ryia,&CL A ?q f' vile; _ i_ tsJ 8Z ' 1 Nd 52 8dV 6OOZ BARBARA and GREG FISHER, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-475 CIVIL TERM TANYA GIBB and DAVID E. RICHMOND, Defendants CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 27th day of April, 2009, upon motion of Plaintiffs' counsel, Greg Fisher is dismissed as a party Plaintiff in this case. Lee E. Oesterling, Esquire For the Plaintiffs Sheri D. Coover, Esquire For Defendant Gibb ?Nathan C. Wolf, Esquire For Defendant Richmond srs ? Q.o Pyes ma t 8Z : i Wd 6Z ?dV 6002 3H 40 BARBARA and GREG FISHER, Plaintiffs V. TANYA GIBB and DAVID E. RICHMOND, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-475 CIVIL TERM CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 27th day of April, 2009, upon motion of the Plaintiffs, the amended complaint for primary physical custody is withdrawn, thereby rendering the preliminary objections to settlement complaint moot. By the Court, Lee E. Oesterling, Esquire For the Plaintiffs Sheri D. Coover, Esquire For Defendant Gibb Nathan C. Wolf, Esquire For Defendant Richmond srs 1. Edward E. Guido, J. 8Z : 16zd 6Z 88V 60Ql Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA and GREG FISHER, Plaintiffs V. TANYA GIBB and DAVID E. RICHMOND, CIVIL ACTION AT LAW Case No. 2008-475 : IN CUSTODY JOINT MOTION TO SCHEDULE CUSTODY HEARING AND NOW, comes Defendant Tanya Gibb, by and through her counsel, Sheri D. Coover, Esquire and files the following JOINT MOTION TO SCHEDULE HEARING which is concurred to by all parties involved and in support thereof avers as follows: 1. On or around November 24, 2008, pursuant to an Order of Court issued November 14, 2008, Plaintiff Barbara Fisher (grandmother) filed an Amended Complaint for Custody of the minor child, Jordan Leach. 2. On or around December 17, 2008, Defendants Tanya Gibb (mother) and David Richmond (father) filed joint preliminary objections to the Amended Complaint. 3. On or around April 27, 2009, this Court held a hearing on Defendants' preliminary objections where grandmother's counsel expressed that Plaintiff withdrew her request for primary physical custody of the minor child, but wanted to pursue partial custody. r 4. The Court granted Defendants the right to file briefs objecting to grandmother's standing to pursue partial physical custody. 5. After researching the topic, Defendants' counsels acknowledged that the law did not support their opposition to grandmother's standing to pursue partial physical custody. The Court was notified that Defendants were not intending to file briefs contesting grandmother's legal grounds for standing. 6. There is a current Order of Court dated February 27, 2008 which is in affect which grants Grandmother periods of visitation with the child. 7. All parties have expressed that they want to modify this custody order, and would like the matter heard before a judge. 8. Counsel for all parties are in agreement that further conciliation conferences will not resolve any issues between these parties as the Amended Complaint was filed as a result of the last conciliation in November of 2008 and no resolution has been accomplished to the issues surrounding these parties since that time. 9. Attorney Lee Osterling, Esquire on behalf of the Plaintiff and Attorney Nathan Wolf, Esquire on behalf of Defendant Richmond have been contacted and have indicated that they concur with the foregoing motion. 10. It is in the best interest of the minor child to have a hearing scheduled on this matter as soon as possible to resolve the custody issues prior to the child starting school this fall, if possible. WHEREFORE, it is hereby requested by all paties that this Court schedule a hearing pertaining to the custody of the minor child, Jordan Leach. submitted, %n6rney ID 93285 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA and GREG FISHER, Plaintiffs CIVIL ACTION AT LAW Case No. 2008-475 V. TANYA GIBB and DAVID E. RICHMOND, IN CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this OVn day of 2009, I caused the foregoing motion to be served uporx the following ns by United States First Class mail postage pre-paid addressed as follows: Nathan Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 Lee Osterling, Esquire Rominger & Associates 155 S. Hanover Street Carlisle, PA 17013 submitted, S n 19'"Coover, Esquire rney ID 93285 44 S. Hanover Street Carlisle, PA 17013 FlLED-CRCE oF Tw TijT Ali 11, 3.9 94 A . JUN 2 9 2009 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA and GREG FISHER, Plaintiffs V. TANYA GIBB and DAVID E. RICHMOND, CIVIL ACTION AT LAW Case No. 2008-475 : IN CUSTODY ORDER AND NOW, this "_ day of , 2009, upon consideration of the Joint Motion to Schedule Hearing, it is hereby Ordered that a custody hearing is scheduled forAuf.. J& 2009 at in Courtroom No. of the Cumberland County Courthouse. J. two Date: 7- 91-d9 Distribution List: e Osterling, Esquire, Attorney for Plaintiffs P 155 S. Hanover Street, Carlisle, PA 17013 ./heri D. Coover, Esquire, Attorney for Defendant Tanya Gibb J 44 S. Hanover Street, Carlisle, PA 17013 than Wolf, Esquire, Attorney for Defendant David Richmond Wolf & Wolf, 10 W. High Street, Carlisle, PA 17013 V BARBARA AND GREG FISHER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TANYA GIBB AND DAVID E. RICHMOND DEFENDANT 2008-475 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 30, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, July 20, 2009 at 8:30 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/ ac ueline M. Verne 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 Telephone (717) 249-3166 FILED-0FRCE OF THE F CT CNOTARY 1004 JUL 22 AM 10= 51 ^'' u r UP s` k-AjuNlY 141 DAVID E. RICHMOND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-4896 CIVIL TERM TANYA GIBB (formerly TANYA LEACH), Defendants CIVIL ACTION - CUSTODY - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BARBARA and GREG FISHER, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-475 CIVIL TERM TANYA GIBB and DAVID E. RICHMOND, Defendants CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 26th day of August, 2009, both of these matters are consolidated to 2004-4896 Civil Term. No further pleadings shall be filed to 2008-475 Civil Term. Nathan C. Wolf, Esquire Attorney for David E. Richmond Sheri D. Coover, Esquire Attorney for Tanya Gibb ?. J 7 0 9 Lee Oesterling, Esquire Attorney for Barbara and Greg Fisher srs ALE?' 'U%i" tr=w '.' . .- - "?Y THE 2009 AUG 27 AN 10. Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717)960.0075 Attorney for Defendant Tanya Gibb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA and GREG FISHER, Plaintiffs : CIVIL ACTION AT LAW : Case No. 2008-475 V. TANYA GIBB and DAVID E. RICHMOND, : IN CUSTODY MOTION TO WITHDRAW ATTORNEY APPEARANCE AND NOW, comes Attorney Sheri Coover and files the following MOTION TO WITHDRAW AS COUNSEL and in support thereof avers as follows: 1. Petitioner is Sheri D. Coover, Esquire an Attorney licensed to practice law in the state of Pennsylvania with her principal place of business located at 44 S. Hanover Street, Carlisle, Pennsylvania. 2. Petitioner is currently attorney of record for Defendant Tanya Gibb in the above-referenced matter. 3. Counsel for David E. Richmond is Nathan Wolf, Esquire. Attorney for Plaintiff Barbara Fisher is Lee Oesterline, Esquire. 4. Defendant Tanya Gibb and Petitioner executed a written fee agreement on February 1, 2008. 5. Irreconcilable differences have arisen that have caused Attorney Coover to be unable to continue to represent Defendant Tanya Gibb. 6. Upon information and belief, Attorney Coover believes that Tanya Gibb is being dishonest with her concerning pertinent aspects of her life which are relevant to the custody proceedings before this Court and expects for Attorney Coover to offer these alleged dishonest facts to the Court in the pending custody proceedings, which is a violation of ethical obligations that Attorney Coover has with the Court. Attorney Coover has attempted to speak to Defendant Tanya Gibb about these issues, but Defendant Tanya Gibb is adamant in maintaining a position that Attorney Coover cannot support or present to the Court on her behalf due to ethical obligations. 7. Defendant Gibb is frustrated about personal problems that she is having in her life and the affect that these problems have on custody matters that are pending before this Court and often takes this frustration out on Attorney Coover by being argumentative and verbally vicious toward her. 8. Defendant Gibb often speaks to Attorney Coover in a rude manner and engages in actions which show an utter disrespect for Attorney Coover. 9. On December 16, 2009, Defendant Gibb became rude and belligerent during attorney/client privileged conversations regarding the custody case. When Attorney Coover attempted to speak to her about this attitude, Defendant Gibb cursed at Attorney Coover and called her a "bitch." 10. Defendant Gibb has expressed that she is unsatisfied and displeased with Attorney Coover's representation. 11. Attorney Coover has made several attempts to salvage the attorney/client relationship, but the current attitude between the parties is so contemptuous that Attorney Coover is not able to salvage a meaningful attorney/client relationship in which Attorney Coover can properly represent Defendant Gibb in the upcoming custody proceedings. 12. Defendant Gibb is in breach of the fee agreement that she has with Attorney Coover and is arrears of attorney fees in excess of $2,100.00. On two separate occasions, Attorney Coover has attempted to make alternate payment arrangements for payment of the attorney fees, but Ms. Gibb has breached the alternate agreement made each time. 13. There is a pending hearing pertaining to the custody of Defendant Gibb's minor child which will need considerable attention and preparation for Defendant Gibb to be properly represented in the proceeding and Attorney Coover does not feel that under the circumstances she can work with Tanya Gibb to provide her proper representation at this hearing and expects that she will need to devote considerable preparation time for the hearing for which she will not be compensated. 14. Attorney Coover has sought concurrence of Nathan Wolf, Esquire and Lee Oesterling, Esquire, counsel for the other parties in this matter. Attorney Wolf has indicated that he does not oppose the foregoing Motion as long as it does not interfere with the custody proceedings currently scheduled to be heard before this Court on January 7, 2010. Attorney Oesterling has not returned undersigned counsel's call, but it is assumed that he does not have a position in this matter as his client is not a party to the proceedings scheduled for January 7, 2010. 15. The Honorable Judge Guido has previously presided over this case. WHEREFORE, undersigned counsel hereby requests that this Court grant her Motion to Withdraw as Counsel. submitted, D. Coover, Esquire yID D 93285 ne ror 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA and GREG FISHER, : CIVIL ACTION AT LAW Plaintiffs Case No. 2008-475 V. TANYA GIBB and IN CUSTODY DAVID E. RICHMOND, CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 17TH day of December, 2009, I caused the foregoing motion to be served upon the following persons by United States First Class mail postage pre-paid addressed as follows: Nathan Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 Lee Osterling, Esquire 42 E. Main Street P.O. Box 331 Mechanicsburg, PA 17055 submitted, $heri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 C 1 FILED Du' : KCE 2099 DEC 1.7 P 2* 26 It t 16 DEC 1 6 2009 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 Attorney for Defendant Tanya Gibb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA and GREG FISHER, Plaintiffs V. TANYA GIBB and DAVID E. RICHMOND, : CIVIL ACTION AT LAW : Case No. 2008-475 : IN CUSTODY QRDER 3 AND NOW, this a day of 2009, upon !d-A consideration of the MOTION TO WITHDRAW AS COUNSEL, it &4mebq-?eterCd ? T?Ri9'?'Gitl!!. GOWK bp- i, J. Date: Distribution List: Lee Oesterling, Esquire, Attorney for Plaintiffs 42 E. Main Street, P.O. Box 331, Mechanicsburg, PA 17055 Sheri D. Coover, Esquire, Attorney for Defendant Tanya Gibb 4444 S. Hanover Street, Carlisle, PA 17013 Nathan Wolf, Esquire, Attorney for Defendant David Richmond Wolf & Wolf, 10 W. High Street, Carlisle, PA 17013 Cap L Q* S' nl-?t %l5-c(- zga3 [of -::Z? RLED-=GIFHCE THE P,00,1 }NOTARY 1009 DEC 23 AM C: 55 cu q h IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA and GREG FISHER, Plaintiffs V. TANYA GIBB and DAVID E. RICHMOND, : CIVIL ACTION AT LAW : Case No. 2008-475 IN CUSTODY AMENDED ORDER OF COURT N h7 a, r_ r<a The Order of Court dated December 21, 2009 in the above-captioned matter is hereby VACATED. Distribution List: than C. Wolf, Esquire (attorney for Plaintiff) 10 W. High Street, Carlisle, PA 17013 Sheri D. Coover, Esquire (attorney for Defendant) 44 S. Pomfret Street, Carlisle, PA 17013 ee Oesterling, Esquire (attorney for Grandmother Barbara Fisher) 42 E. Main Street, P.O. Box 331, Mechanicsburg, PA 17055 m 'a J. =r; i j ---