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HomeMy WebLinkAbout09-7162s -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM A(o. o9. '71GZ C"0: I T;els' COMMONWEALTH of PENNSYLVANIA V. JOSEPH BRIAN MAZER, Petitioner, pro se APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS NOW COMES: Petitioner, Joseph Brian Mazer, pro se, to hereby request leave to file his pro se CUSTODY STIPULATION AND AGREEMENT in forma pauperis in the Cumberland County Courts and hereby represents the following: 1) Petitioner is Joseph Brian Mazer, who currently lives at SCI-Somerset, 1600 Walters Mill Rd. Somerset, PA 15510. 2) Petitioner avers that he is indigent and cannot afford to pay the costs or fees in prosecuting this matter. 3) Petitioner currently earns the basic minimum wages of an incarcerated individual. WHEREFORE, Petitioner respectfully requests this Honorable Court to grant him leave to file said motion in forma pauperis. Date: Io S BRIAN MAiER Petitioner, pro se ? t IN THE COURT OF COMMON.PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM COMMONWEALTH of PENNSYLVANIA V. JOSEPH BRIAN MAZER, Petitioner, pro se IN FORMA PAUPERIS VERIFIED STATEMENT Petitioner, Joseph Brian Mazer, states under penalties provided by Title 18 PA C.S. 4904 (unsworn falsification to authorities) that: I am the Petitioner in the above action, I am presently incarcerated and; 1) Because of my financial status, he is unable to pay the costs and fees of filing and prosecuting this action or proceeding. 2) I am unable to obtain the fynds from anyone including family or friends, to pay the costs of litigation. 3) Petitioner makes .20¢/hr. as his inmate pay at SCI-Somerset. 4) Petitioner has one minor child and must pay the costs associated with correspondence and telephone calls with said child. 5) Petitioner owns no real property or assets which could be liquidated to pay for litigation and foresees no changes in his financial status prior to filing this action. Date Icy o JOSE BRIAN Z7 Petitioner, pro se OF THC: 20U9 CJ? 20 f-'j! ?`: Joseph Brian Mazer Plaintiff pro se V. David S. Fisesler & Laura Camp-Fieseler Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law NO. 01-7/L2 Civil Term IN 'CUSTODY CUSTODY STIPULATION AND AGREEMENT i? JO PH BRIAN MAZER (DM -5606) 1600 Walters Mill Rd. Somerset, PA 15510 JOSEPH BRIAN MAZER pro se IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. CIVIL TERM David S. Fieseler & IN CUSTODY Laura Camp-Fieseler Defendants CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth between Joseph Brian Mazer, (hereinafter referred to as "Father" and Debra Denisar-Jordon (hereinafter referred to as "Grandmother"), and David S. Fieseler & Laura Camp-Fieseler, (hereinafter referred to as "Grandparents"). WHEREAS, Father is the natural parent of one child, namely Phoenix Aidyn Mazer, born, July 18, 2005 (hereinafter referred to as "child"); WHEREAS, the parties previously entered into a comprehensive stipulation and agreement relative to the physical custody of the child. NOW THEREFORE, in consideration of violations to the previous agreement and promises broken, Father wishes to Modify the provisions of the previous agreement on a permanent basis as follows: 1) Paternal Grandmother (Debra L. Denisar-Jordon) shall exercise sole and legal custody of the child. Grandmother shall have sole discretion regarding the childs education, medical decisions, and or religious upbringing. 2) Grandmother shall exercise primary physical custody of the child. 3) Any period of visitation between any party and the child shall be agreed upon by Paternal Grandmother. 4) Father reserves the right at the time he is no longer incarcerated to petition the court for changes to the current custody order. 5) It is affirmed that the court of Common Pleas Of Cumberland County Pennsylvania had jurisdiction over the issue of custody of the child in this case at the time the proceedings were initiated and, further, by agreement of the parties and order of the court, the court has retained jurisdiction of the matters so it is appropriate for the court to enter an Order of Court. Further, the Father requests that the Court of Common Pleas Of Cumberland County, Pennsylvania, enter this as an Order of the Court. 6) Any Modification or waiver of any of the provisions of this agreement on a permanent basis, shall be made by Father only in writing and in the same formality as this Stipulation and agreement. 7) The Father acknowledges, the previous agreement were made under false pretenses and under duress as Grandparents had provided false informations and manipulative suggestions. 8) Father holds the previous agreement was signed under concealment and coercion. 9) All Prior Orders in this Matter are hereby Vacated. WHEREFORE, plaintiff (and Father of said child) Prays this Honorable Court, to Grant this Custody Stipulation and Agreement, giving sole physical and legal custody of the child to the Paternal Grandmother (Debra Denisar-Jordon). Respectfully, ;JOS H BRIA MAZER DM-5606 1600 Walters Mill Rd. Somerset, PA 15510 PARTIES INVOLVED Mother is Michele S. Fieseler who currently resides at Claremont Nursing Home and Rehabilitation Center 100 Claremont rd. Carlisle, PA 17013 after sustaining serious head injuries resultant from an accident in November, 2007. Father is Joseph Brian Mazer who currently resides at SCI-Somerset, 1600 Walters Mill rd. Somerset, PA 15510 Paternal Grandmother is Debra Denisar-Jordon who currently resides at 19 Centennial St. (P.O. BOX 586) Fairfield, PA 17320. Maternal. Grandparent is David S. Fieseler and His Wife is Laura Camp-Fieseler, they currently live at 101 S. George St. Mechanicsburg, PA 17055. If any manner of this proceeding requires a hearing, Father (Joseph Brian Mazer) requests the Court to appoint Council as he is not versed in LAW and is limited to Department of Corrections Law Library research. DATE: 'n JOSEPH BRIAN MAZER (DM-5606) 1600 WALTERS MILL RD. SOMERSET, PA 15510 UNSWORN DECLARATION I Joseph Brian Mazer, pro se, do hereby verify that the facts set forth in this foregoing Motion are true and correct to the best of my knowledge or information and belief, and that any fal;e statements herein are made subject to the penalties of section 4904 of the crimes code (18 Pa C.S. sec. 4904) relating to unsworn falsification to authorities. JOSE BRIAN ;?ER ex-4"' bei- 8 a.009 PROOF OF SERVICE I, Joseph Brian Mazer, pro se, hereby certify that I am serving the foregoing CUSTODY AGREEMENT AND STIPULATION upon the following persons and in the manner indicated below as required by Law. SERVICE BY US FIRST CLASS MAIL ADDRESSED T0; CUMBERLAND COUNTY COURTS One Courthouse Sq. Carlisle, PA 17013 DEBRA DENISAR-JORDON 19 Centennial St. Fairfield, PA 17320 David and Laura Fieseler C CevAe (,.,A (Y1o,LA 101 S. George St. Mechanicsburg, PA 17055 J H AN MAZ ( -5606) 1600 Walters Mill Rd. Somerset, Pa 15510 LAURA A. CAMP-FIESELER and DAVID S. FIESELER, Plaintiffs V. MICHELE S. FIESELER and JOSEPH B. MAZER, Defendants APR 12 20071.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW D`7. sof NO. CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this IG day of 2007, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, cc: Hannah Herman-Snyder, Esquire Attorney for Plaintiffs Michele S. Fieseler, Pro Se Joseph B. Mazer, Pro Se BSI ?. ? ?_ J. 4 TwU wpny wmtt*l, I unb set my tmm ow so of Uw a Cam. Pa. F ? LAURA A. CAMP-FIESELER and DAVID S. FIESELER, Plaintiffs V. MICHELE S. FIESELER and JOSEPH B. MAZER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. CIVIL TERM IN CUSTODY CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between Laura A. Camp-Fieseler and David S. Fieseler, (hereinafter referred to as "Grandparents") and Michele S. Fieseler and Joseph B. Mazer, (hereinafter referred to as "Parents"). WHEREAS, Parents are the natural parents of one child, namely, Phoenix Aidyn Mazer, born, July 18, 2005 (hereinafter referred to as "child'; WHEREAS, the parties wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of the Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Grandparents shall exercise sole legal custody of the child. Grandparents shall have sole discretion in regards to decisions regarding the child's education, medical decisions or religious upbringing. 2. Grandparents shall exercise primary physical custody of the child. 3. Any periods of partial physical custody and/or visitation between either of the Parents and the child shall be agreed upon between Grandparents and said parent. 4. Parents reserve the right, at the time they are no longer incarcerated, to petition the Court for changes to the current Custody Order. 5. .It is affirmed that the Court of Common Pleas of Cumberland County, Pennsylvania, had jurisdiction over the issue of custody of the child in this case at the time the proceedings were initiated and, further, by agreement of the parties and Order of Court, the Court has retained jurisdiction over these matters so that it is appropriate for the Court to enter an Order of Court. Further, the parties request that the Court of Common Pleas of Cumberland County, Pennsylvania, enter this as an Order of Court. J6 Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 7 The parties acknowledge that they have read and understand the provisions of this NI, 'P V ?? t Agreement. Each party acknowledges that the Agreement is fair and equitable and t Q'I that it is not the result of any duress or undue influence. The parties stipulate that in making this Agreement, there has been no fraud, once t overreaching, coercion, or other unfair dealing on the part of the other party. 9. All prior Orders in this matter are hereby vacated. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: aA 'y Q A60 Date 914 PA 2?0v 2 Date f / Date r 'QV Date ?/" S H B. MIWR COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF On this the q +-? day of ?'Pk ?.-- , 2007, before me the undersigned officer, personally appeared Laura A. Camp-Fieseler and David S. Fieseler, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument and acknowledge that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Publ' WTMAL SEAL ++OW J WSUT "ftypwft COMMONWEALTH OF PENNSYLVANIA: cAw yC oaoucr+.air wCoouNty SS. )16J COUNTY OF Cv---n6- On this, the / day of AM) , 2007, before me the undersigned officer, personally appeared Michele S. Fieseler, known to me'(or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set n¢? hand and official seal. KITTY M. GLOM, N fty Nft MW Twp., a t+ibwwd Coolly MY-CWVVNiM E)q*ss My_ 21, 2008 COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF Plt On this, the 41 - day of /?? , 2007, before me the undersigned officer, personally appeared Joseph B. Mazer, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public coii OF PENNSYL Notarial Seel Derek R. Trone, Notery lic West Manchester Twp., Y bl"a My Commission Expires ]ea 12, Member, Pennsylvania Assodetloo of Notaries ???? GCS ? ? ?,',-? i2? ? ((?? ? ` ?: ?.J` JOSEPH BRIAN MAZER, PLAINTIFF V. DAVID S. FISESLER AND LAURA CAMP-FIESELER DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7162 CIVIL IN RE: PRO SE PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS ORDER OF COURT AND NOW, this 13`" day of November, 2009, upon consideration of Joseph Mazer's Application for Leave to Proceed in Forma Pauperis, and the Plaintiff having provided a certified copy of his inmate account from SCI- Somerset which indicates a balance as of November 2, 2009, being $896.27 IT IS HEREBY ORDERED AND DIRECTED that the Petitioner shall pay a filing fee of $82.75 which is'/z (one-half) of the normal filing fee for such a custody action. By the Court, ~~ M. L. Ebert, Jr., J. /Joseph Mazer, Pro Se Plaintiff bas r r~lL`o4 ~~ E=~~ ~~ Tr~~ ~ ; n,~Y. ,. _ ~ ~ . ("~( ;; _ ~.~i7si ' ~. ,.. JOSEPH B. MAZER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID S. FIESELER and NO.2009 - 7162 CIVIL TERM LAURA CAMP-FIESELER CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, this 27TH day of JANUARY, 2010, it appearing to the Court that the attached "Custody Stipulation and Agreement" is in fact a contested request to change a previous custody stipulation and agreement which had been entered as an order of court, this matter should be scheduled for conciliation. avid Fieseler Laura Fieseler bra Denisar-Jordon ~eph Brian Mazer Court Administrator , e,pa i ~T ~ 1Y~ :sld ~aI £.~ m~ ~ L~~ I ~~a~~ra ~~ By ahe Court; -~ - / Edward E. Guido, J. ~- . - = " G_a ~ F ~-~ C.. -i ~~ 'r=' _== ~ -c~ ~,_; ~ 1v~ ' ~' ~ ~ c; M n IN THE COURT OF COMMON PLE ~F ~' a azer, Joseph B. iff ~~~ -,~ 'ANI~n PENNSY'~ :CUMBERLAND COUNTY ~~ Plaint . , ~ ~~ _ ~ ~~~7; ~ ti ~ ~ ` : V. .. • ~ ~ ~ L 1 ~ _ ,_~ David S. Fieseler and rm : N0.2009-7162 CIVIL TERM ~ ~~ Laura Camp-Fieseler, ~ -- "' Defendants :CIVIL ACTION-CUSTODY MOTION TO DISMISS PLAINTIFF'S "CUSTODY STIPULATION AND AGREEMENT" The Defendants, David S. Fieseler and Laura Camp-Fieseler (Maternal Grandparents), pray the Court to dismiss Plaintiff's "Custody Stipulation and Agreement," and aver in support thereof as follows: 1. On or about October 8, 2009, plaintiff, Joseph B. Mazer, filed a document to this docket which he labeled a "Custody Stipulation and Agreement," but which was in fact in the nature of a contested petition for modification of an existing Cumberland County Court Order concerning custody of his child, Phoenix Aidyn Mazer (the Child). 2. The Court entered an Order on January 27, 2010, directing that this matter should be scheduled for conciliation, and a conciliation has been scheduled in front of Hubert X. Gilroy, Esq., for February 26 at 9:30 AM. 3. The current Custody Order, entered by agreement of Father, Mother (Michele S. Fieseler) and Maternal Grandparents, is docketed at NO. 07-1948 CIVIL TERM, and grants Maternal Grandparents primary physical custody of the Child. 4. Plaintiffs "Custody Stipulation and Agreement" amounts to a petition to move primary physical custody of the Child to Debra Denisar-Jordon (Paternal Grandmother), who is not a party to either custody proceeding and has not herself filed any document with the Court indicating an intention or desire to seek custody rights to the Child. 5. Paternal Grandmother would be an indispensible party to any custody action involving a claim that she should have custody of the Child. 6. In the event that Paternal Grandmother wishes to pursue custody rights to the Child, her proper remedy would be to file a petition to intervene in NO.07-1948 setting forth the requirements for grandparents to intervene and seek custodial rights per PA.R.Civ.P. 1915.3 (e) and 23 PA.C.S @5313. 7. It is unnecessary and duplicative for the Court to have two open dockets relating to the custody of the Child, and creates the possibility that the Court could inadvertently end up with inconsistent custody orders for the Child. 8. The Hon. Edward E. Guido., Jr. entered an Order to this docket on Jan. 27, 2010, directing the matter be scheduled for conciliation. The Hon. M. L. Ebert, Jr. entered an Order to this docket on Nov. 2, 2009, allowing Father to pay one-half the normal filing fee. The Hon. M. L. Ebert, Jr. entered an Order on April 16, 2007, to Docket No. 07-1948, approving the 2007 Custody Stipulation and Agreement and making it an Order of Court, that being the custody Order which is now in place. WHEREFORE, Petitioners request that the Court grant this Motion and: a. Dismiss Plaintiff's "Custody Stipulation and Agreement," b. Vacate the Court's Order of January 27, 2010, directing that this matter be scheduled for conciliation, c. Cancel the conciliation scheduled for February 26 at 9:30 AM. d. Direct that Docket 2009-7148 be closed, e. Direct that any further petitions or motions relating to custody or visitation of the Child be filed to Docket No. 2007-1948 and only be filed by parties with standing to seek the relief requested. Respectfully submitted, Date: February 5, 2010 ~~ °"~ Patrick Schaeffer Certified Legal Intern Ro ert E. Rains Megan Riesmeyer Thomas M. Place Anne Mac-Donald Fox Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Jospeh B. Mazer, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO.2009-7162 CIVIL TERM David S. Fieseler and Laura Camp-Fieseler, Defendants :CIVIL ACTION-CUSTODY CERTIFICATE OF SERVICE I, Patrick Schaeffer, Certified Legal Intern, hereby certify that I am serving a true and correct, copy of the foregoing Motion to Dismiss "Custody Stipulation and Agreement" this date by first class mail, postage prepaid upon the following persons: Joseph Brian Mazer (DM-5606) 1600 Walters Mill Rd. Debra Denisar-Jordon 19 Centennial St. Somerset, PA 15510 Hubert X. Gilroy, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Date: February 5, 2010 Fairfield, PA 17320 Michele S. Fieseler Claremont Rehabilitation Center 100 Claremont Rd. Carlisle, PA 17013 Patrick Schaeffer Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Joseph B. Mazer, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY PENNSYLVANIE~ a , ~ o c:, ~ v. ,v ~ C?7 ~T- -*~ rn ~ -n .~.• ,~r, N0.2009-7162 CIVIL TERM :~ ~',_~ CU : fIl -v David S. Fieseler and ~ ~y' u' ~ Laura Camp-Fieseler, ~,~, ~ ~, ~-~, Defendants :CIVIL ACTION-CUSTODY ~~ ~~ w PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of the defendants, David S. Fieseler and Laura Camp-Fieseler, in the above captioned matter. February 5, 2010 ~~ Patrick Schaffer Certified Legal Intern /~~ n n /~~ Robert E. Rains Megan Riesmeyer Thomas M. Place Anne MacDonald-Fox Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax: (717) 243-3639 Joseph B. Mazer, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2009-7162 CIVIL TERM David S. Fieseler and Laura Camp-Fieseler, Defendants :CIVIL ACTION-CUSTODY CERTIFICATE OF SERVICE I, Patrick Schaeffer, Certified Legal Intern, hereby certify that I am serving a true and correct copy of the foregoing Praecipe to Enter Appearance this date by first class mail, postage prepaid upon the following persons: Joseph Brian Mazer (DM-5606) 1600 Walters Mill Rd. Debra Denisar-Jordon 19 Centennial St. Somerset, PA 15510 Hubert X. Gilroy, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Date: February 5, 2010 Fairfield, PA 17320 Michele S. Fieseler Claremont Rehabilitation Center 100 Claremont Rd. Carlisle, PA 17013 Patrick Sch e fer Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 FEB 0 8 201f~ Joseph B. Mazer, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. David S. Fieseler and : N0.2009-7162 CIVIL TERM Laura Camp-Fieseler, Defendants :CIVIL ACTION-CUSTODY ORDER OF COURT AND NOW, this ~ay of February, 2010, upon consideration of the Defendants' Motion to Dismiss Plaintiff's "Custody Stipulation and Agreement," it is C_D AAT'T~ll Dt,.~~ir17_ ccn___._~y ORDERED and DECREED that: said Motion is +~EN ~. ~^ /4` custody of the child, Phoenix Aidyn Mazer o the existing Docket No. 2007-1948. " Jose h Brain Mazer ~ p / Debra Denisar-Jordan ./ D vid Fieseler ~ura Camp-Fieseler Hubert X. Gilroy, Esq. ~ ~~~s ~.~.~L~C~ a~i1~1v _~~ By the C Edward E. Guido, J. ~ N o ~~ •- c, r, 2~ 1'F_ ,~ r ..rr ~ -t xT~' c ~' a~ ~~ ~ b. -r1 c - 's~.. ' ,, ~,i, ~ ~ 3 1 regarding ~_ Joseph B. Mazer, c? : IN THE COURT OF COMMON PLEA~~tF ^~ © 7+ Plaintiff :CUMBERLAND COUNTY PENNSY~ANI~ ~ , ~~<. ~ r David S. Fieseler and : NO.2009-7162 CIVIL TERM ~'~ t , r Laura Camp-Fieseler, ~ ,, „_ ~ Defendants :CIVIL ACTION-CUSTODY -- MOTION TO DISMISS PLAINTIFF'S "CUSTODY STIPULATION AND AGREEMENT" The Defendants, David S. Fieseler and Laura Camp-Fieseler (Maternal Grandparents), pray the Court to dismiss Plaintiff's "Custody Stipulation and Agreement," and aver in support thereof as follows: 1. On or about October 8, 2009, plaintiff, Joseph B. Mazer, filed a document to this docket which he labeled a "Custody Stipulation and Agreement," but which was in fact in the nature of a contested petition for modification of an existing Cumberland County Court Order concerning custody of his child, Phoenix Aidyn Mazer (the Child). 2. The Court entered an Order on January 27, 2010, directing that this matter should be scheduled for conciliation, and a conciliation has been scheduled in front of Hubert X. Gilroy, Esq., for February 26 at 9:30 AM. 3. The current Custody Order, entered by agreement of Father, Mother (Michele S. Fieseler) and Maternal Grandparents, is docketed at NO. 07-1948 CIVIL TERM, and grants Maternal Grandparents primary physical custody of the Child. 4. Plaintiffs "Custody Stipulation and Agreement" amounts to a petition to move primary physical custody of the Child to Debra Denisar-Jordon (Paternal Grandmother), who is not a party to either custody proceeding and has not herself filed any document with the Court indicating an intention or desire to seek custody rights to the Child. 5. Paternal Grandmother would be an indispensible party to any custody action involving a claim that she should have custody of the Child. 6. In the event that Paternal Grandmother wishes to pursue custody rights to the Child, her proper remedy would be to file a petition to intervene in NO. 07-1948 setting forth the requirements for grandparents to intervene and seek custodial rights per PA.R.Civ.P. 1915.3 (e) and 23 PA.C.S @5313. 7. It is unnecessary and duplicative for the Court to have two open dockets relating to the custody of the Child, and creates the possibility that the Court could inadvertently end up with inconsistent custody orders for the Child. 8. The Hon. Edward E. Guido., Jr. entered an Order to this docket on Jan. 27, 2010, directing the matter be scheduled for conciliation. The Hon. M. L. Ebert, Jr. entered an Order to this docket on Nov. 2, 2009, allowing Father to pay one-half the normal filing fee. The Hon. M. L. Ebert, Jr. entered an Order on April 16, 2007, to Docket No. 07-1948, approving the 2007 Custody Stipulation and Agreement and making it an Order of Court, that being the custody Order which is now in place. WHEREFORE, Petitioners request that the Court grant this Motion and: a. Dismiss Plaintiffs "Custody Stipulation .and Agreement," b. Vacate the Court's Order of January 27, 2010, directing that this matter be scheduled for conciliation, c. Cancel the conciliation scheduled for February 26 at 9:30 AM. d. Direct that Docket 2009-7148 be closed, e. Direct that any further petitions or motions relating to custody or visitation of the Child be filed to Docket No. 2007-1948 and only be filed by parties with standing to seek the relief requested. Respectfully submitted, Date: February 5, 2010 ~ ,d Patrick Schaeffer Certified Legal Intern Ro ert E. Rains Megan Riesmeyer Thomas M. Place Anne Mac-Donald Fox Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 •. Jospeh B. Mazer, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. . NO.2009-7162 CIVIL TERM David S. Fieseler and Laura Camp-Fieseler, Defendants :CIVIL ACTION-CUSTODY CERTIFICATE OF SERVICE I, Patrick Schaeffer, Certified Legal Intern, hereby certify that I am serving a true and correct, copy of the foregoing Motion to Dismiss "Custody Stipulation and Agreement" this date by first class mail, postage prepaid upon the following persons: Joseph Brian Mazer (DM-5606) 1600 Walters Mill Rd. Debra Denisar-Jordon 19 Centennial St. Somerset, PA 15510 Hubert X. Gilroy, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Date: February 5, 2010 Fairfield, PA 17320 Michele S. Fieseler Claremont Rehabilitation Center 100 Claremont Rd. Carlisle, PA 17013 Patrick Schaeffer Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968