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HomeMy WebLinkAbout02-1747DANIEL J. BISKER, Vo CAROL J. BISKER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. ~"~' Iqq 7 CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY Plaintiff is Daniel J. Bisker, an adult individual currently residing at 700 Wilson Street, Carlisle, Cumberland County, Pennsylvania. Defendant is Carol J. Bisker, an adult individual currently residing at 700 Wilson Street, Carlisle, Cumberland County, Pennsylvania. o The parties are the natural parents of two (2) children, namely, Megan Bisker, bom August 4, 1996, and Tanner Bisker, bom June 17, 1998. The children wer not bom out of wedlock. For the past five (5) years, or since the children's birth, the children have resided with the following persons at the following addresses for the following periods of time: Daniel J. Bisker 700 Wilson Street 1996 to Carol J. Bisker Carlisle, PA 17013 Present The natural mother of the child is Carol J. Bisker, who resides as aforesaid. She is married. The natural father of the child is Daniel J. Bisker, who resides as aforesaid. He is married. The relationship of the Plaintiff to the child is that of natural father. The Plaintiff currently resides with the Defendant and the children at issue. a) The relationship of the Defendant to the child is that of natural mother. Defendant currently resides with the Plaintiff and the children at issue. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children. o Plaintiff has no information of any custody proceedings concerning the children pending in any Court of this Commonwealth. o It is in the best interest and permanent welfare of the children to grant the relief requested because: a) Plaintiff has been and continues to be equally capable of being the custodian for the parties children from the time of their birth through present; b) Plaintiff has the ability to provide for the financial, physical, or emotional needs of the children; c) Plaintiff has a strong bond and emotional attachment with the children; d) Plaintiff believes that the children's best interests would be served if the parties negotiated an equally shared custodial arrangement; e) Plaintiff's work schedule is such that he is available to care for the children at times when Defendant is otherwise unavailable; f) Plaintiff believes that a shared arrangement, based on each parent's work schedule, will be in the children's best interests because it will maximize the time periods that each parent can spend with the children. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation tights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a heating at which time he should be granted shared legal and physical custody of the children. Respectfully submitted, Marylo~as, ESqU~ Attorney for~laintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DANIEL ~. BISKER : : PLAINTIFF : V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA : 02-1747 CIVIL ACTION LAW CAROL J. BISKER DEFENDANT : IN CUSTODY QRDER OF COURT AND NOW, Monday, April 22, 2002 , 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 Thursday, May 09, 2002 at 10:30 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 court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 honrs prior to scheduled hearing. FOR THE COURT, By: /s/ .[acqueline M. Verney. Esq. 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 heating. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DANIEL J. BISKER, CAROL J. BISKER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1747 CIVIL TERM : IN CUSTODY ACCEPTANCE OF SERVICE I, Taylor P. Andrews, Esquire, acknowledge that I received a certified and true copy of a Complaint for Custody and the related Order of Court in the above captioned action by first class mail, postage prepaid, and further acknowledge that I am authorized to do so on behalf of the Defendant, Carol J. Bisker. DANIEL J. BISKER, CAROL J. BISKER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1747 CIVIL TERM : IN CUSTODY PRAECIPE TO THE PROTHONOTARY: Kindly withdraw my client's request for a custody conciliation conference at this time. Respectfully submitted, Date: ~/Z2-/0 ~-. GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 DANIEL J. BISKER, Vo CAROL J. BISKER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1747 CIVIL TERM : IN CUSTODY CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between DANIEL J. BISKER, (hereinafter referred to as "Father") and CAROL J. BISKER, (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of two children, namely TANNER BISKER, bom June 17, 1998, and MEGAN BISKER, bom August 4, 1996 (hereinafter referred to as "Children"); and WHEREAS, the parties live separate and apart, and wish to enter into an temporary stipulation and agreement relative to physical and legal custody of their Children, to continue until August 23, 2002 NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the children. 2. Mother shall have primary physical or residential custody of the children. a.) b.) Father shall have periods of partial physical or residential custody of the children at the following times: From May 9, 2002 to June 6, 2002: (i) Every Monday, Tuesday and Wednesday from noon to 8:00 p.m.; (ii) At other times as the parties may agree From June 6, 2002, until August 22, 2002: (i) Every Monday at approximately 6:30 a.m. until Wednesday at approximately 5:00 p.m.; (ii) Every Thursday and Friday during the day while Mother is at work until 3:00 p.m. so long as Father is available. (iii) At other times as the parties may agree. The parties agree to use the same child-care provider during their respective periods of physical custody. o The parties agree that Megan will remain in the Carlisle School District for the remainder of the 2001-2002 school year. Each parent shall be entitled to enjoy two (2) weeks of vacation time with the children during the summer, provided that the vacation is away from Carlisle, Pennsylvania, (e.g. beach, etc.). ° If during Mother's or Father's period of custody a parent is unable to directly care for the children and must make arrangements for a baby-sitter for a period of eight (8) hours or more, the non-custodial parent shall have the right of first refusal to provide o 10. 11. care for the children and the custodial parent shall make reasonable efforts to contact the non-custodial parent and make the children available for the non-custodial parent to care for the children during this time. The parties agree that the children shall always be with the Mother on Mother's Day and with Father on Father's Day. The parties agree that Father will request that the Court schedule a custody conciliation conference on or about August 15, 2002 to reevaluate these provisions, md 5'.:.-ther +..h~_! +.hi: Or~zr will ~iiiah, in ~ff~ i,~,,dliig an c, utzc. m: of The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of the children is protected. During such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. Neither parent shall do anything which may estrange the children from the other party, injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love and affection for the other party. 12. 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. 13. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children, who have resided for their entire lives in Cumberland County, Pennsylvania. 14. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 15. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 16. This Order shall expire on August 23, 2002. 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. COMMONWEALTH OF PENNSYLVANIA : COUNTY OF ('bt ~ ~-[ ~ ~tO~ : : On this I% day of , 2002, before me, the undersigned officer, personally appeared DANIEl. J. BI$ffER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ] Notada, Seal I Kadsa J. Lehman, Notary Public Cmti~le Bom, Cumbmt~nd County My Commission Expires Aug. 25, 2003 COMMONWEALTH OF PENNSYLVANIA : COUNTY Or C~"'~~' [C~,~ :: On this ~r~day of "~'"'L,vx~_- , 2002, before me, the undersigned officer, personally appeared CAROl., J. RISKER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTAR AL SEAL SHELLY SEXION, NOIABY PUBLIC CARL SLE BORO cuMBERLANO COUNTY MY cOMI~ISS O~ E: P ~,ES APRIL 26, 200:) DANIEL J. BISKER, Vo CAROL J. BISKER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF jUiq[j 0 2002 CUMBERLAND COUNTY, PENNSYLVANIA -- : : CIVIL ACTION - LAW : NO. 02-1747 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW this ! r, day of ff~. Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, 2002, the attached CuStody /Marylou Matas, Esquire Attorney for Plaintiff /Taylor P. Andrews, Esquire Attorney for Defendant DANIEL J. BISKER, Plaintiff V. CAROL J. BISKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 290T-1747 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this -~ ,t' day of t~.~ ,2002, upon consideration of the attache~ ~u-ustody Conciliation Report, it is ordered and directed as follows: 1. The Father, Daniel J. Bisker and the Mother, Carol J. Bisker, shall have shared legal custody of Megan Bisker, bom August 4, 1996, and Tanner Bisker, bom June 17, 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. This means that both parents are entitled to all medical and educational reports and documents. The parties agree that Tanner shall attend pre-school and day- care at the Army War College. 2. Mother shall have primary physical custody of the Children. o follows: Father shall have periods of partial physical custody of the Children as A. Beginning August 26, 2002 after school and pre-school, Father shall have physical custody of the Children from Monday after school to Wednesday morning when he will assure that the Children will be dropped off at school or pre-school. This Monday to Wednesday schedule shall continue on an alternating week basis. B. Beginning September I, 2002, Father shall have physical custody of the Children from Sunday at 6:30 p.m. to Wednesday in the morning when he will assure that the Children will be dropped off at school or pre-school. The Sunday to Wednesday schedule shall continue on an alternating week basis. 4. The parties agree to submit to and cooperate with a custody evaluation to be conducted by the evaluator selected by the parties. 5. The parents acknowledge that communication counseling would be helpful in their custodial decisions and agree to cooperate with and attend counseling. 6. The non-custodial parent shall initiate telephone contact with the Children at eight o'clock nightly. 7. Holidays: A. Mother shall have physical custody of the Children on Columbus Day, October 14, 2002 from Sunday to Monday at 4:00 p.m. B. Father shall have physical custody of the Children on Veteran's Day, November 11, 2002, consistent with his regular schedule. C. Thanksgiving, 2002: Father shall have physical custody of the Children from Wednesday before Thanksgiving at the end of school and pre-school until Thursday at 12:00 noon. Mother shall have physical custody of the Children from 12:00 noon Thanksgiving Day and continuing on her regular schedule. D. Christmas, 2002: Mother shall have physical custody of the Children from Christmas Eve at 2:00 p.m. to Christmas Day at 2:00 p.m. Father shall have physical custody of the Children from Christmas Day at 2:00 p.m. to December 26, 2002 at 2:00 p.m. 8. Father is responsible for all transportation. 9. This Order is entered as an interim Order following 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. Either party may request another conciliation conference upon finalization of the custody evaluation. cc',~arylou Matas, Esquire, for Father /Taylor P. Andrews, Esquire, for Mother BY THE COURT, K~. Hess, J. DANIEL J. BISKER, Plaintiff CAROL J. BISKER, Defendant AUG : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : 2002-1747 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Megan Bisker August 4, 1996 Mother Tanner Bisker June 17, 1998 Mother 2. A Conciliation Conference was held in this matter on August 22, 2002, with the following individuals in attendance: Father, Daniel J. Bisker, was present with his counsel, Marylou Matas, Esquire. Mother, Carol J. Bisker, was present with her counsel, Taylor P. Andrews, Esquire. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess, dated June 11, 2002. Said Order provided for shared legal custody, Mother to have primary physical custody and Father having various periods of partial physical custody consisting in the summer of two overnights every week. 4. The parties agreed to obtain a custody evaluation. Pending the custody evaluation, the Conciliator recommends the attached Order. Mother did not agree with the proposed Order but realized that scheduling a hearing on the matter would.take as long as a custody evaluation. Mother was willing to abide by the proposed Order and not request a heating. Father agreed with the proposed Order. Mother sought a more traditional Order of alternating weekends. Father however works weekends. Date ~cql~line M. Vemey, Esquire Custody Conciliator SFP 1 1 2OO2 DANIEL J. BISKER, Plaintiff CAROL J. BISKER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _, : NO. 2002-1747 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this Emergency Relief, a hearing is hereby scheduled for __ day of September, 2002, upon consideration of the attached Petition for ,2002, at o'clock in Courtroom # 4, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, DANIEL J. BISKER PLAINTIFF CAROL J. BISKER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-1747 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, September 16, 2002 , 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 Count~ Courthouse, Carlisle on Friday, October 11, 2002 at 10:30 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 court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours l~rior to scheduled hearinR. FOR THE COURT~ By: /s/ ]acqueline M. Verney, Esq. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DANIEL J. BISKER, Plaintiff CAROL J. BISKER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1747 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this __ day of July, 2003, upon consideration of the attached Petition for Emergency Relief, a hearing is hereby scheduled for ., 2003, at __ o'clock in Courtroom # ~ Cumberland County Courthouse, Carlisle, Pennsylvania. Until said hearing, any period of temporary custody by the father, Daniel J. Bisker, will be permitted by supervision of a third party agreed to by the mother, Carol J. Bisker. By the Court, Kevin A. Hess, Judge DANIEL J. BISKER : PLAINTIFF : CAROL J. BISKER : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1747 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, _ Thursday, July 24, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before ~e~q~eline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ Tuesday, August 19, 2003 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grotmds 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 TIlE COURT, By: /s/ ]acqueline M. Verney. Esq. 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 TIlE 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 JUL 30Z003 DANIEL J. BISKER, Plaintiff V. CAROL J. BISKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW .. : NO. 2002-1747 CIVIL TERM : : IN CUSTODY ORDER OF COURT AND NOW, this 5-~ day of A].o?~ '~ ,2003, upon consideration of the attached-~ustody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 24, 2002, is hereby vacated. 2. Mother, Carol J. Bisker, shall have sole legal custody of Megan Bisker, bom August 4, 1996 and Tanner Bisker, bom June 17, 1998. Father, Daniel J. Bisker, shall still have input in all major non-emergency decisions concerning the children, including medical, religious and educational matters. Father shall still be entitled to all records, reports and information from the Children's doctors and schools and pre schools. 3. Mother shall have primary physical custody of the Chidlren. 4. Father shall have the following periods of partial physical custody: A. Beginning Saturday, August 2, 2003 and alternating Saturdays thereafter, from 9:00 a.m. to 2:30 p.m. B. July 29 and July 30, 2003 from 3:30 p.m. to 7:30 p.m. C. August 11, 12, and 13, 2003 from 3:30 p.m. to 7:30 p.m. D. August 25, 26, and 27, 2003 from 3:30 p.m. to 7:30 p.m. E. Every Monday and Tuesday thereal~er from 3:30 p.m. to 7:30 p.m. F. Such other times as the parties agree. 5. Father shall obtain anger and stress management which includes parenting education. Father shall sign releases so that his progress may be shared with counsel for Mother. 6. Once Father successfully completes counseling, his periods of custody should be extended to overnights from Monday at 3:30 p.m. to Tuesday at 7:30 p.m. every week. 7. Transportation shall be shared such that the parties or their representatives shall exchange custody of the Children at the sitting room in the YMCA in Carlisle. 8. Holidays: Father shall have physical custody of the Children on Labor Day and Columbus Day from 9:00 a.m. to 7:30 p.m. Mother shall have physical custody of the Children on Veterans' Day. 9. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for November 13, 2003 at 9:30 a.m. BY THE COURT, cc:,~rylou Matas, Esquire, counsel for Father M~ebecca R. Hughes, Esquire, counsel for Mother -05 -aB DANIEL J. BISKER, Plaintiff V. CAROL J. BISKER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : : NO. 2002-1747 TERM : : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Megan Bisker Tanner 13isker August 4, 1996 Mother June 17, 1998 Mother 2. A Conciliation Conference was held July 29, 2003 with the following individuals in attendance: The Father, Daniel J. Bisker, with his cotmsel, Marylou Matas, Esquire, and the Mother, Carol J. Bisker, with her counsel, Rebecca R. Hughes, Esquire. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated August 24, 2002 granting the parties shared legal custody, with Mother having primary physical custody, and Father having partial physical custody amounting to five overnights every two weeks. A PFA Order, dated July 22, 2003 was entered by the Honorable Edward E. Guido. Said Order found Father in indirect criminal contempt and ordered Father to have no contact with Mother except for telephone contact concerning custody. 4. Dr. Arnold Shienvoid prepared a custody evaluation concerning the children which recommended that, pending Father obtaining anger and stress management classes and parenting education, Father's overnight visitation should be suspended. He further recommended that Father have physical custody of the Children on alternating Saturdays from 9:00 a.m. to 2:30 p.m. and every Monday and Tuesday from 3:30 p.m. to 7:30 p.m. He also recommended that Mother have sole legal custody. 5. Although Father did not agree with the custody evaluation recommendations, he was willing to obtain the recommended counseling and abide by the recommended custodial periods as set forth in Dr. Shienvold's report. The parties agreed with an Order in the form as attached. Date Custody Conciliator DANIEL J. BISKER, Plaintiff V. CAROL J. BISKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 200~-1747 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ! ~" day of A/o,.'~.,o- ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 5, 2003 shall remain in full force and effect with the following modifications: 2. Paragraphs 4 A-D are deleted. 3. Father shall provide 24 hour advance notice to the Children's maternal grandmother that he intends to exercise his periods of partial physical custody. 4. Mother shall initiate counseling for the Children that will include Father when the counselor deems it appropriate. Both parents shall execute releases in order for the counselor to discuss all aspects of the counseling with both parties. 5. Father shall be entitled to partial physical custody of the Children on Wednesday, November 26, 2003 from 3:30 p.m. to 7:30 p.m. Exchanges shall continue as in the Order of August 5, 2003. 6. Father shall be entitled to partial physical custody of the Children on December 26, 2003 from 3:30 p.m. to 7:30 p.m. or a similar period over the Christmas holiday, as agreed by the parties. Exchanges shall continue as in the Order of August 5, 2003. 7. This Order is entered pursuant to an 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 THE COURT, revi~/l~ess, cc~arylou Matas, Esquire, for Father t.~vlarcus A. McKnight, III, Esquire, for Mother DANIEL J. BISKER, Plaintiff V. CAROL J. BISKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-1747 CIVIL TERM : : CIVIL ACTION - LAW .. : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Megan Bisker August 4, 1996 Mother Tanner Bisker June 17, 1998 Mother 2. A Conciliation Conference was held in this matter on November 13, 2003, with the following individuals in attendance: Father's counsel, Marylou Matas, Esquire. Mother, Carol J. Bisker, was present with her counsel, Marcus A. McKnight, III, Esquire. 3. A prior Order of Court was entered by the Itonorable Kevin A. Hess, dated August 5, 2003. Said Order provided for sole legal ~md primary physical custody in Mother with Father having periods of partial physical custody. Father was to have no overnights until he completed anger and stress management counseling. 4. The parties have agreed to an Order in the fi)rm as attached. t/-/q-o 3 Date [. Vemey, Esquire Custody Conciliator DANIEL J. BISKER, Plaintiff/Respondent vi. CAROL J. BISKER, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1747 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes the Petitioner, Carol J. Bisker, by and through her attorneys, IRWIN & McKNIGHT, and files this Petition for Modification of Custody making the following statement: The Petitioner is Carol J. Bisker, an adult individual residing at 916 Forbes Road, Carlisle, Pennsylvania 17013. The Respondent is Daniel J. Bisker, an adult individual residing at 700 Wilson Street, Carlisle, Pennsylvania 17013. The parties are the natural parents of two (2) minor children, namely, Megan Bisker, born August 4, 1996; and Tanner Bisker, born June 17, 1998. A Conciliation Conference was held on November 14, 2003, and an Order dated November 19, 2003, was entered whereby the Petitioner had primary physical custody of the two (2) minor children. A copy of said Order is marked as Exhibit "A" and attached hereto. On Monday, May 3, 2004, the Respondent had. a period of physical custody with the children at the YMCA in Carlisle During the visit, while Petitioner was present, the Respondent threatened her by stating that the PFA against him should not have ended. He also threatened to obtain a gun. The minor children were very upset and did not want to be left alone with the Respondent. The Petitioner is greatly concerned because of the nervousness and fear that the minor children are constantly displaying of their father. WHEREFORE, Petitioner, Carol J. Bisker, respectfully requests that an Order be entered modifying the current Court Order so as to minimize the fear of the minor children toward their father by suspending all visitation. Respectfully submitted, IRWIN & McKNIGHT · By: Marcus ~k. Sul~qeme Court I.D. N~: 25476 60 ~¢.~omfret Stree~ Carlisle, l~'n's~ 17013 717-249-2353 Date: May 5, 2004 EXHIBIT "A" NOV 1 ? ~003 ~/ DANIEL J. BISKER, Plaintiff V. CAROL J. BISKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 200~,-1747 CI[VIL TERM : : CIVIL ACTION ~ LAW : : IN CUSTODY ORDER OF COURT ANDNOW, this ]~+~ dayof J~0~J~.PtX~D~ ,2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 5, 2003 shall remain in full force and effect with the following modifications: 2. Paragraphs 4 A-D are deleted. 3. Father shall provide 24 hour advance notice to the Children's maternal grandmother that he intends to exercise his periods of partial physical custody. 4. Mother shall initiate counseling for the Children that will include Father when the counselor deems it appropriate. Both parents shall execute releases in order for the counselor to discuss all aspects of the counseling with both parties. 5. Father shall be entitled to partial physical custody of the Children on Wednesday, November 26, 2003 from 3:30 p.m. to 7:30 p.rn. Exchanges shall continue as in the Order of August 5, 2003. 6. Father shall be entitled to partial physical custody of the Children on December 26, 2003 from 3:30 p.m. to 7:30 p.m. or a similar period over the Christmas holiday, as agreed by the parties. Exchanges shall continue as in the Order of August 5, 2003. 7. This Order is entered pursuant to an 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 THE COURT, Kevi~ ~. Hess, - cc: Marylou Matas, Esquire, for Father Marcus A. McKnight, III, Esquire, for Mother TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of,said Court at Carlisle, Pa. O~ Pr°th°n°ta'~/~-~ ' DANIEL J. BISKER, Plaintiff V. CAROL J. BISKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ._ : 2002-1747 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody ConciJLiator 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 CURJ[ENTLY IN CUSTODY OF Megan Bisker August 4, 1996 Mother Tanner Bisker June 17, 1998 Mother 2. A Conciliation Conference was held in this matter on November 13, 2003, with the following individuals in attendance: Father's counsel, Marylou Matas, Esquire. Mother, Carol J. Bisker, was present with her counsel, Mazcus A. McKnight, III, Esquire. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess, dated August 5, 2003. Said Order provided for sole legal and primary physical custody in Mother with Father having periods of partial physical custody. Father was to have no overnights until he completed anger and stress management counseling. 4. The parties have agreed to an Order in the form as attached. Date Custody Conciliator VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are tree and correct to the best of my lmowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. ~47:~ROL J. ~I~ER DANIEL J. BISKER, Plaintiff/Respondent vii. CAROL J. BISKER, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1747 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on llhe date referenced below and addressed as follows: Mary Lou Matas, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 By: IRWIN &/~GHT, MarcuslA' c 160 Wes o et Esquire Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: May 5, 2004 DANIEL J. BISKER PLAINTIFF V. CAROL J. BISKER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1747 CIVIl, ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 12, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4thFloor, Curaberland County Courthouse, Carlisle on Tuesday, June01,2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an eftbrt 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. Ali children age five or older may also be l~resent at the conference. Failure to al~pear 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. mhc 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 b~asiness before the court. You must attend the scheduled conference or heating. 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 Associat/on 32 Soulh Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DANIEL J. BISKER, Plaintiff/Respondent V. CAROL J. BISKER, Defendant/Petitioner 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-1747 CIVIL TERM IN CUSTODY ANSWER TO PETITION FOR MODIFICATION OF CUSTODY AND NOW comes Plaintiff/Respondent, Daniel J. Bisker, by and through is counsel of record, Marylou Matas, Esquire, and answers Defendant/Petitioner's Petition as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. Admitted in part, denied in part. It is admitted that on Monday, May 3, 2004, Respondent had a period of physical custody with the children at the YMCA in Carlisle. It is denied that during the visit, while Petitioner was present, that Respondent threatened her by stating the PFA against him should not have ended. It is denied that he also threatened to obtain a gun. Specific proof thereof is demanded at trial. Denied. It is denied that the minor children were very upset and did not want to be left alone with Respondent. Specific proof thereof is demanded at trial. Denied. It is denied that the children constantly display nervousness and fear of their father. As to the remaining allegation that Petitioner is greatly concerned, Respondent is without sufficient knowledge or belief so as to form a response. WHEREFORE, Respondent requests your Honorable Court to deny Petitioner's request to suspend all visitation. Respectfully submitted, Mary~ou/fi~atas, Esquire Attorneyfor Plaintiff/Respondent GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. JUN 0 2oo4 DANIEL J. BISKER, Plaintiff V. CAROL J. BISKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 200~1747 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ~/' day of ~, · . ar~, · ,2004, upon consideration of the attached Custody Conciliati Report, it is ordered and directed as follows: 1. The prior Orders of Court dated August 5, 21)03 and November 19, 2003 are hereby vacated. 2. Father, Daniel J. Bisker and the Mother, Carol J. Bisker, shall have shared legal custody of Megan Bisker, bom August 4, 1996 and Trainer Bisker, bom June 17, 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. This means that both parents are entitled to all medical and educational reports and documents. 3. Mother shall have primary physical custody of the Children. 4. Father shall have periods of partial physical custody every Monday and Tuesday from 3:30 p.m. to 7:30 p.m. Provided, however, that Mother will accompany the Children during the visits until the Children feel comfortable being alone with Father. Provided further, that Father shall provide 24 hour advance notice to Mother that he intends to exercise his periods of partial physical custody and that Father will behave appropriately during the visits, i.e., not upset the Children and not threaten Mother. 5. Father shall be entitled to at least one hour with each Child on their birthday at times agreed by the parties. 6. All custody exchanges shall occur at the Carlisle YMCA or as agreed by the parties. 7. Both parties shall cooperate with the Chilch'en's counselor and shall execute releases in order for the counselor to discuss all aspects of the counseling with both parties. 8. Father shall obtain anger and stress management counseling which includes parenting education. Father shall sign releases so that his progress may be shared with counsel for Mother. 9. In the event Father successfully completes the counseling required in Paragraph 8, the parties shall return to a conciliation conference before Father will be entitled to overnight physical custody. 10. This Order is entered pursuant to an agreenztent 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. cc: Marylou Matas, Esquire, for Father Marcus A. McKnight, III, Esquire, for Mother BY THE COURT, Kevi~/~ess, j. DANIEL J. BISKER, Plaintiff V. CAROL J. BISKER, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-1747 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 thc Children who are thc subject of this litigation is as follows: NAME Megan Bisker Tanner Bisker DATE OF BIRTH August 4, 1996 June 17, 1998 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held in this matter on June 1, 2004, with the following individuals in attendance: Father, Daniel J. Bisker, with his counsel, Marylou Matas, Esquire and Mother, Carol J. Bisker, with her counsel, Marcus A. McKnight, III, Esquire. 3. Prior Orders of Court were entered by the Honorable Kevin A. Hess, dated August 5, 2003 and November 19, 2003. Said Orders provided for shared legal and primary physical custody in Mother with Father having periods of partial physical custody. Father was to have no overnights until he completed anger and stress management counseling. 4. The parties have agreed to an Order in the form as attached. Date emey, Esquire Custody Concili[ator DANIEL J. BISKER, Plaintiff V. CAROL J. BISKER, Defendant JUN 2 2 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2010,-1747 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this oS~ff'tT~ day of ~ct~t~, ,2004, upon consideration of the attached Custody Co~ciliati6n Report, it is ordered and directed as follows: 1. The Order of Court dated June 4, 2004 shall remain if full force and effect with the following modification to Paragraph 2: 2. Paragraph 2 shall be replaced with the following: Mother, Carol J. Bisker, shall have sole legal custody ofMegan Bisker, bom August 4, 1996 and Tanner Bisker, bom June 17, 1998. Father, Daniel J. Bisker, shall have input in all major non- emergency decisions concerning the children, including medical, religious and educational matters. Father shall still be entitled to all records, reports and information from the children's doctors and schools and pre-schools. BY THE COURT, cc: Marylou Matas, Esquire, for Father k Marcus A. McKnight, III, Esquire, for Mother) ~ DANIEL J. RISKER, Plaintiff V. CAROL J. BISKER, Defendant PRIOR JUDGE: Kevin A. Hess, J. JUN 2 2 2004 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-1747 CIVIL TERlVl : 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 Clfildren who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY 1N CUSTODY OF Megan Bisker August 4, 1996 Mother Tanner Bisker June 17, 1998 Mother 2. A Conciliation Conference was held in this ]matter on June l, 2004, with the following individuals in attendance: Father, Daniel J. Bisker, with his counsel, Marylou Matas, Esquire and Mother, Carol J. Bisker, with her counsel, Marcus A. McKnight, III, Esquire. 3. Following the entry of an Order of Court da~Ied June 4, 2004, the conciliator was contacted by counsel for Mother indicating that shared legal custody should not have been entered in the Order. Upon consultation with counsel for Father, the attached modification to the June 4, 2004 Order was agreed upon. Date Vemey, Esquir~6~ Custody Conciliator