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HomeMy WebLinkAbout04-1285MATTHEW A. FISHER, Plaintiff MICHELLE CARL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04- /2- ~' CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is MatthewA. Fisher, an adult individual, currently residing at 1800 Harrisburg Pike, Apartment 305, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Michelle Carl, an adult individual, currently residing at 1245 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff seeks custody of the following child: Jessica E. Fisher, age 5, born February 21, 1999. The child was born out of wedlock. The child is presently in the custody of Michelle Carl, who resides at 1245 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania, During the past five years, or since the child's birth, she has resided with the following persons at the following addresses: (a) from October 1998 to September 1999, with Matthew A. Fisher and Michelle Carl at 1800 Harrisburg Pike, Carlisle, Pennsylvania 17013; (b) from September 1999 to July 2002, with Matthew A. Fisher and Michelle Carl at 22 Betty Nelson Court, Carlisle, Pennsylvania 17013; (c) from July 2002 to January 2004, with Matthew A. Fisher and Michelle Carl at 1245 Harrisburg Pike Apt 144, Carlisle, Pennsylvania 17013; (d) from January 2004 to present, with Michelle Carl at 1245 Harrisburg Pike, Carlisle, Pennsylvania 17013. The natural mother of the child is Michelle Carl, currently residing 1245 Harrisburg Pike, Carlisle, Pennsylvania. She is not married. The natural father of the child is Matthew A. Fisher, currently residing at 1800 Harrisburg Pike, Carlisle, Pennsylvania 17013. He is not married. 4. The relationship of the Plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: None. 5. The relationship of the Defendant to the child is that of natural mother. 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the child 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 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 sewed by granting the relief requested because it is in the best interest of the child to have a relationship with her father. 8. 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 as parties to this action. All other persons, 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 None. WHEREFORE, Plaintiff requests your Honorable Court to grant partial physical custody of the child. Respectfully submitted, Date: March 2004 Michael A. Scherer, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, PA 17013 (717) 249~6873 VERIFICATION I verify that the statements made in the foregoing Custody Complaint for partial physical custody 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: March ~ ,2004 Matthew A. Fisher MATTHEW A. FISHER, Plaintiff MICHELLE CARL, Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04- CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on Mamh 25, 2004, I, Tina M. Ascani, of O'Brien, Badc & Scherer, did serve a copy of the Complaint for Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Michelle Carl 1245 Harrisburg Pike Carlisle, Pennsylvania 17013 Tina M. Ascani, Secretary MATTHEW A. FISHER PLAINTIFF V. MICHELLE CARL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1285 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 01, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cmmsel appear before Ja~c~queliue M. Verney, Esq.___, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 27, 2004 at 8:30 AM for a Pre-Heating 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 cottrt, and to enter into a temporary order. All children a~e 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/ ]acqueline M. Verney, Esq. Custody Conciliator mhc 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 TI-tIS PAPER TO YOUR A'ITORNEY 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 MATTHEW A. FISHER, Plaintiff V. MICHELLE CARL, Defendant : IN THE COURT O]? COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2004-1285 CIVIL TERM : : CIVIL ACTION - [,AW : : IN CUSTODY ORDER OF COURT AND NOW, this t~lJ~ day of ~ ,2004, upon consideration of the attached Custody Conciliatibn Report, it is ordered and directed as follows: 1. The Father, Matthew A. Fisher and the Mother, Michelle Carl, shall have shared legal custody of Jessica E. Fisher, bom February 21, 1999. Each parent 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 her health, education and religion. 2. Mother shall have primary physical custody of the Child. 3. Father shall have the following periods of partial physical custody, provided the Child is to have little or no contact with Connie H. until the Child's counselor indicates that contact is acceptable: A. Beginning Friday, May 7, 2004 alternating weekends from Friday at 5:30 p.m. to Sunday at 7:00 p.m. B. One week in the summer provided he give 30 days prior notice of the exemise of this provision. C. Such other times as the parties agree. 4. Transportation shall be shared as agreed by the parties. 5. Mother shall have physical custody of the Child on Mother's Day and Father shall have physical custody of the Child on Father's Day, both at times agreed by the parties. 6. Each parent shall be entitled to physical custody of the Child on her birthday for at least 2 hours. 7. Christmas shall be divided into two Blocks. Block A shall nm from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall nm from 12:00 noon on Christmas Day to 12:00 noon on December 26. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 8. The parties shall alternate the following holidays: Memorial Day, July 4th, Labor Day, Thanksgiving and Easter. Father shall have Memorial Day in 2004 and the parties shall alternate the holidays thereafter. requested. The parties shall cooperate with the Child's counselor and sign releases if 10. This Order is entered pursuant to an agreement reached 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. Michael A. Scherer, Esquire, Counsel for Father CC~ Jessica Diamondstone, Esquire, Mid Penn Legal Services, Counsel for Mother Ab¥1ONOH.LO~d ~ dO ]3B.qCk<]]lkt MATTHEW A. FISHER, Plaintiff V. MICHELLE CARL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-1285 CIVIL TERM CIVIL ACTION - [,AW IN CUSTODY PRIOR JUDGE: None CUSTODY CONCIIJATION 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 Jessica E. Fisher DATE OF BIRTH CURRJENTLY IN CUSTODY OF February 21, 1999 Mother 2. A Conciliation Conference was held in this matter on April 27, 2004, with the following individuals in attendance: The Father, Matthew A. Fisher, with his counsel, Michael A. Scherer, Esquire and the Mother, Michelle Carl, with her counsel, Jessica Diamondstone, Esquire, Mid Penn Legal Services. 3. The parties agreed to the entry of an Order in the form as attached. Date ~cqu~line M. Vemey, Esquire Custody Conciliator