Loading...
HomeMy WebLinkAbout04-0972JENNIFER ANN FISCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. oq - Q 7,? (2W- '7zs z,, JAMES M. FISCHER, JR, IN CUSTODY l Defendant. COMPLAINT FOR CUSTODY The plaintiff is Jennifer Ann Fischer, residing at 158 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is James M. Fischer, Jr. residing at 109 Bethel Street, Columbia, Lancaster County, Pennsylvania 17512. 3. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Austin James Fischer 158 E. North St. 4/5/1997 6 yrs. 11 mos. Carlisle, PA 17013 Jarod Michael Fischer 158 E. North St. 12/28/1998 5 yrs. 2 mos. Carlisle, PA 17013 The children were not born out of wedlock 4. The children are presently in the custody of Jennifer Ann Fischer, residing at 158 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Jennifer Fischer 158 E. North St. Carlisle, PA 17013 1/1/03 to present Jennifer Fischer 347 W. Philadelphia St. 4/2001 to 12/31/02 York, PA 17402 Jennifer & James Fischer Jennifer & James Fischer Jennifer & James Fischer 10 Bloomingdale Ct. York, PA 17402 110 N. 7`h St., 2"d Floor Columbia, PA 17512 907B Sunrise Lane Wrightsville, PA 17368 5/1/2000 to 5/1/2001 3/1/99 to 4/30/2000 2/1/97 to 12/31/98 The mother of the children is Jennifer Ann Fischer, residing at 158 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 6. 7 8. She is not married. The father of the children is James M. Fischer, Jr. residing at 109 Bethel Street, Columbia, Lancaster County, Pennsylvania 17512. He is not married. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons. Name Self & children Relationship The relationship of defendant to the children is that of father. The defendant currently resides with the following persons. Name Relationship Charles & Ethel Beaston Grandparents 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the children will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children. Plaintiff is best able to provide the care and nurture which the children need for healthy development. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim n/a WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody in the Plaintiff with visitation in the Defendant. Respectfully submitted, Date: 3- Y 0 y /0 ' ICAJ G Michael J. Whare, quire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 89028 Attorney for Plaintiff 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. on,,,,,? ;?b'1att?xtX?n? 1 fifer Ann Fischer, Plaintiff ,c 70 a? JENNIFER ANN FISCHER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-972 CIVIL ACTION LAW JAMES M. FISCHER, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 10, 2004 ., upon consideration o the atche it is hereby directed that parties and their respective counsel appear before Jacqueline Mf Verney Esad Complaint, at 4th Floor, Cumberland County Courthouse Carlisle , the conciliator, Tuesq-ai, March at 10:30 AM fora Pre-Hearing Custody Conference. At such conference, M an effort made to es ]ve the issues in dispute; 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 ame 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 Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacquelin AA V me sa ? Custody Conciliator -T---- -- Th Court Of Common leas Americanwith D ab It s Act of 1990. of or Cumberland about ac essib et fac 1 ties and preason blee 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 r A4,7 , u.. ©5:z ?Y 01 ?VFl' cz : 0.1^01; '-: ± ?H1 -20 MAR 3 U 2004 JENNIFER ANN FISCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-972 CIVIL TERM JAMES M. FISCHER, JR., : CIVIL ACTION -• LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 15 ?, day of A r . I 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Jennifer Ann Fischer, and the Father, James M. Fischer, Jr., shall have shared legal custody of Austin James Fischer, born April 5, 1997 and Jarod Michael Fischer, born December 28, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother shall have primary physical custody of the Children. 3. Father shall have periods of partial physical custody of the Children on an alternating weekend schedule beginning Friday, April 2, 2004 at 6:30 p.m. to Sunday at 11:30 a.m. unless Father agrees to transport the Children back to Mother's home in which case the return time shall be 5:00 p.m. Sunday. 4. Mother shall always transport unless Father elects to keep the Children until 5:00 p.m. on Sundays in which case, he shall be responsible for transportation. 5. Mother shall have physical custody of the Children on Mother's Day from the Saturday before Mother's Day at 7:15 p.m. or 11:15 p.m. depending on her work schedule. Father shall have physical custody of the Children on Father's Day at times agreed by the parties. 6. Neither party may relocate the Children out of the jurisdiction of Cumberland County or the State of Pennsylvania without a prior Order of Court. Neither party may remove the Children from the jurisdiction without providing a telephone number and address where the Children may be reached. 0 7. Neither party shall do or say anything or permit a third party to do or say anything that may estrange the Children from the other parent, injure the opinion of the [f7 V' UJ i.7 N ?r U7 - W p_ 1 ;y tU CL- t;f (J N C Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another conciliation Conference is scheduled for Tuesday, June 15, 2004 at 8:30 a.m. BY THE COURT, ? /1/?- ? e L/cc: Michael Whare, Esquire, Counsel for Mother ?.--James M. Fischer, Jr., pro se 1 109 Bethel Street , Columbia, PA 17512 z 1?s eq -65 A JENNIFER ANN FISCHER, Plaintiff V. JAMES M. FISCHER, JR., Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2004-972 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Austin James Fischer April 5, 1997 Mother Jarod Michael Fischer December 28, 1998 Mother 2. A Conciliation Conference was held in this matter on March 30, 2004, with the following individuals in attendance: The mother, .Jennifer Ann Fischer, with her counsel, Michael Whare, Esquire and Father, James M. Fischer, Jr., pro se. The parties agreed to an Order in the form as attached. 330-? ,? Date ac eline M. Verney, Esquire Custody Conciliator JENNIFER ANN FISCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 04-972 RACHEL ANN FISCHER, formerly : James M. Fischer, Jr., Defendant IN CUSTODY STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this day of /1/# *4 r-- , 2007 by and between Jennifer Ann Fischer (Hereinafter referred to as "Mother") of 158 East North Street, Carlisle, Cumberland County, Pennsylvania, 17013 and Rachel Ann Fischer (Hereinafter referred to as "Father") of 2117 Princeton Avenue, Apartment 6, Camp Hill, Cumberland County, Pennsylvania, 17011. WHEREAS, Mother and Father are the natural parents of two children, namely, Austin James Fischer, date of birth, April 5, 1997, age 10; and Jarod Michael Fischer, date of birth, December 28, 1998, age 8; and WHEREAS, Mother and Father have reached an agreement relative to the future care, custody and visitation of their children, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. This Stipulation and Custody Agreement replaces the previous Order of Court entered on April 5, 2004 by the Honorable I Wesley Oler. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Mother and Father shall share legal custody of the Children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all non- emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother shall have primary physical custody of the Children. 3. Father shall have periods of partial physical custody of the Children at such times as mutually agreed upon by the parties. 4. Mother may relocate the Children outside the jurisdiction of Cumberland County or the State of Pennsylvania provided that Mother allows Father to have a period of partial physical custody of the Children during the summer. If Mother removes the Children from the jurisdiction, she must provide Father with an address and telephone number of where the Children may be reached. 5. Neither party shall do or say anything or permit a third party to do or say anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. .1 6. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. 7. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 8. Both parties agree that the terms of this agreement have been fully explained to them by their respective legal counsel or that both parties have had the opportunity to have legal counsel review and fully explain the terms of this agreement. Mother is represented by Michael I Whare, Esquire. 9. The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by the Court. 10. Consented to: Date Date i il 13 It 1V6 -7 Dat Ye fer Fischer 9fich 1 I Whare, %ui?re- Rachel Ann Fischer Witness for hel Ann 'scher r.a ,-r . nit .. C:3 ill F, P ? T ? 1 ti 25 , tt?, NOV 2 007 JENNIFER ANN FISCHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 04-972 RACHEL ANN FISCHER, formerly : James M. Fischer, Jr., Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of v , 2007, based upon the Stipulation of the parties, the Court hereby Orders as follows: 1. Mother and Father shall share legal custody of the Children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all non- emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother shall have primary physical custody of the Children. 3. Father shall have periods of partial physical custody of the Children at such times as mutually agreed upon by the parties. 4. Mother may relocate the Children outside the jurisdiction of Cumberland County or the State of Pennsylvania provided that Mother allows Father to have a period of partial physical custody of the Children during the summer. If Mother removes the Children from the jurisdiction, she must provide Father with an address and telephone number of where the Children may be reached. cw) co J ,. s f q l..i._ C\j LLJ _? i t.i 5. Neither party shall do or say anything or permit a third party to do or say anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. 6. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. cc4' hael I Whare, Esq., Counsel for Mother achel Ann Fischer pro se BY THE COURT,