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Home My WebLink About94-04203 , , I " , , , , , I I , , " .,~ '''~ "~ ii, " " (.. ~ tt' ,II i 11'1/ ii I, " I , , , '\ " I I: " I' " I',i , " I, ,,' , , i, 'I , ' , , " , ) ,/ ' ,/ , " " " Ii ,,' , , , " " " " ': " " I'> I':' , , i' I"~ il , .' . JOSEPH H. FISHER, JR, I IN THE COURT OF COMMON PLEAS OF Plaintiff I I CUMBERLAND COUNTY, PENNSYLVANIA v. I I NO. 94- If ;),l\3 CIVIL TERM JUANITA FISHER, I Defendant I CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before -.JJ.... h..d '1-. c;,lro,/ (~, the conciliator, at (/1/-' f~("fl'\b, WJOlr1~~ the ~ day of 5r-f'fr'r~b-r 1994, at ~,.m., for a Pre-Hearing custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. By the court, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER I (717) 240-6200 , , , . v. tN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-tJ;l.c3 CIVIL TERM JOSEPH H. FISHER, JR, plaintiff JUANITA FISHER, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Joseph H. Fisher, Jr., residing at 10 East Louther street, Apartment 5, carlisle, cumberland county, Pennsylvania 17013. 2. The defendant is Juanita Fisher, residing in or around Anniston, Oxford or Talladega, Calhoun county, Alabama. 3. The plaintiff seeks custody of the following childrenl Name Shawn Michael Fisher Benjamin Clyde Fisher Rebecca Jo Fisher Justin Lee Fisher Present Residence Calhoun county, AL Calhoun county, AL Calhoun County, AL Calhoun county, AL Age 8 6 5 2 The children were not born out of wedlock. The children are presently in the custody of Juanita Fisher, who resides in or around Anniston, Oxford or Talladega, Calhoun county, Alabama. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Address Date Plaintiff and Anniston, AL 1986 - 1987 Defendant plaintiff and 17 East Louther st. 1987 - 1989 Defendant carlisle, PA plaintiff and College Park Apts. 1989 - 1992 Defendant carlisle, PA plaintiff and 10 East Louther st. 1992 - 1994 Defendant carlisle, PA The mother of the children is Juanita Fisher, currently residing in or around Anniston, Oxf.ord or Talladega, Calhoun , . County, Alabama. She is married. The father of the children is Jo..ph H. Fisher, Jr., currently residing at 10 East Louther Street, Carlisle, Pennsylvania. He is married. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently is residing at 10 East Louther street, carlisle, Pennsylvania. 5. The relationship of defendant to the children is that of mother. The dofendant currently resides with the fullowing personsl Name Shawn Michael Fisher Benjamin Clyde Fisher Rebecca Jo Fisher Justin Lee Fisher Relationship Son Son Daughter Son 6. The 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. 7. The plaintiff has no information of a custody proceeding concerning the childr~n pending in a court of this Commonwealth. 8. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with re~pect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because the 'II " ;', i;1 " " !".,. f/; II .. , ,', I, '''I 1/ ,,' 'I., , , , , , " ,f '~lfWl' , , '1, 1/' " , ih.../,. " " I' ~~"'f'~.' , ' " ", ~Ut Z1 Z "fH 'Ill ~,' "tj Ilfflll~ Qf Tilrr ~"'i'l"~li' 'WI QUI'~~kl.411) :b "1'111I:;'( V 1/1 ,~,~. "".J$. - , , " , , " ., 'II' , " , " " ,-I, " 'I " ,rl,u I ,"'.,.'..l'.......'~.~.,~ '-I" -~,"'~,,~,-., ~I ,j.,.U' ,,' ~' , " ,:'! fI'i1 " "i , " , , , t '" ,.' , " ,I , ... . , , , I . " . , .. ',;1 " I " " 'If' I,..'; I.. " 1 Tl ~~'11 d' 'I! , ., ,I III' If ~ , , , " . 1M ., -'I , r, .' ", , . " ';'j':-', !i1,I;-' ',I' ," " , " " " d:; ~ r i fa ~ ~ ' " ~ Cl III ~ ti ~ ~ ~ .. e ~ ,ll< ~IH ~ Q ... i~ ~ .., ''l;:;r'~;~'~'.~='~~,~',. I' , ,~\kl;;l>:!:;' : q' ' .wu..........._..Jo,...I Y , < 1\ III "'\,,,' , !"_~ "*.,." 1":,'\ I it Ijr~~1 hit il,I,!1 '~"IlIIII' "/1' 1J,1&:/' 1,1 t I lUll 'I' lit , ,"'" , . I'''-'Ib' I I Jj~ I'll' (1\ 'I,' I J' I I 'A dl 10""" ,~',,-J/ ~ ", ,-It,'" " _ f' ',1 ,1 .'",_"'-"'r"" . , . , I,j, I' II " I';' , , " , , ',-I 'I ! ., , , I , " , I, i,i'" " Ii 1" " " " 1 , , l' I " ,I , , " , ,I ., , "1 " 1'1 " " I' ,I! ,'II ,~ I , ,II " -j'i ,:, = , , " ,,; , 1,\ " " " ',-" i-" '.JI 1:: ,I ',j\" " 'jl , , ,'I " ;'1' "j " Ii, " , ' "':.', , 1Wl~' 'j!I' , , " , " I,!,: .1 , " "11 , , '" , , " 'I 1'1 , , II' "I, ,i '.I 'p ,II , I " .1 " "~ ',! ":.I. [E(:; , ~'''\' Ci~ ( ., ~1': 1;'':(; ,. ::::C>I ::J; ';'1 r~; ;'ii "< . , ,. , ''r " ',jiq: ,~, . ", , iil " I" i,' III' 'ill: "I 'I' II , I ,,' :: to) .. tr- to) ]) " " " II.. " I," "I,; I,'j; " , 11t: 1\ 'I ,', j'I' , 1:1 ~ '- ':r._ ;c:: I, ~,D' II? ,~~1'" '~' '., ',1, ' .' , , "'J ,,' .j .' !i1 ' '~ ' " " , ' 'I'!!' i, I ',' ."'if I: I'.,! :1 I , ~ I:' \1' " , " , /,1 , VERIFICATION QfI PLEADINGS . Tha foreiolnl document II bued Ilpon information whlch hu bun ialhued by my counsel and m~self In Iha prepuallon or Ihll action. Tha lan&"I&e or Ihe clocumenlllllY, In part, ba Iha lanlllaaa or lilY coWlSel and not my own. 1 hava read Iha rrtalemenls mlda In thls , ' doew:nant and 10 Ihe e~lent Ihat It Is ba.sed Ilpan Informal Ion whlch I have given 10 my counsel, 1111 trIla and correct 10 Iha best or my knowledge, Informallon Md belle'. To Ihe . exlent Ihat Iha conlenlS or Iha stalelllenls ua Ihat or counsel, 1 hl\'a relled upon counsel In maklnalhll VerlJ1eatlon. I undersland Ihet 'ahe 51alemenlS herein ua made 5Ilbject 10 Ihe penallles or 18 PA. C.S. 54904, rel.,lna'o unsworn falslflullon 10 Illlhonlles. Dala: ,/9 r .. ~~_,~ ...,{~.-:1' .19~ /. <.l ..-;- ~:, <> ,. ,...' -I"L'.":;~" I; v , ..' " " ' , , " , , , , ' , , , , , " " "I I " ' I, , " , , , , ' , , , " ',' ,! . , . .' JeT 1 6 '\l~i v. = IN THE COURT OF COMMON PLEAS OF I I CUMBERLAND COUNTY, PENNSYLVANIA. I I CIVIL ACTION - LAW I I NO. 94-4203 CIVIL I I CUSTODY JOSEPH H. FISHBR, yR., plaintiff JUANITA FIRHER, Defendant ORDER.OF COURT AND NOW, (date), upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before \..\ I\.'{' ( ,~ y., ("I( ('''I \:.: 'n , , the conciliator, at ~h. 4"'1'\, c,,"~ \;1", ("nh<'~r"'n(.\ (., " II" ,\',," on the ' "~,,t day of CV t()I:,Q (. , 199:1- , at ~~~\.m., for a Pre-Hearing custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT or 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. For the court, I{\\O,,,,,AX J-jl~n("!\,,\.C'..tiL_ custody eonci liato~)-----U- m> I IOi l<.lllc:n Date v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-4203 CIVIL TERM JOSEPH H. FISHER, JR., plaintiff JUANITA FISHItR, Defendant TEMPORARY CUSTODY O~ AND NOW, this dtlY at ____I 1997, upon consideration of the petition for special Relief, the following Temporary custody Order is entered regarding Shawn Michael Fisher (DOBI 03/13/86), Benjamin clyde Fisher (OOBI 10/18/87), Rebecca Jo Fisher (DOB: 04/09/89), and Justin Lee Fisher (DOBI 09/02/91). The right of the defendant, Juanita Fisher, to exercise her periods of partial custody is conditioned upon her taking and using the proper medical equipment for the children, including but not limited to Justin Lee Fisher's wheelchair; providing and using a car seat for Justin; and following the children's physicians' recommendations with respect to the children's diet and medication including specilized equipment required for the administration of the children's medication. The Order entered in this matter on February 25, 1997, shall in all other respects remain in full force and effect. By the Court., Kevin A. Hess, Judge v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-4203 CIVIL TERM JOSEPH H. FISHER, JR., Plaintiff JUANITA FISHER, Defendant PETITIOll FOR SPECIAL RELIEF The Petitioner, by and through his attorney, Joan carey of Legal Services, Inc., represents the followingl 1. The plaintiff, JOReph H. Fisher, Jr., hereinafter referred to as the father, resides at 150 Pearl street, Millersburg, Dauphin County, Pennsylvania, 17061. 2. The defendant, Juanita Fisher, hereinafter referred to as the mother, resides at 18 West Main street, Plainfield, Cumberland county, Pennsylvania, 17081. 3. The parties are the parents of Shawn Michael Fisher (DOB: 03/13/86), Benjamin Clyde Fisher (OOB: 10/18/87), Rebecca Jo Fisher (DOBI 04/09/a9), and Justin Lee Fisher (OOB: 09/02/91). 4. On February 25, 1997, upon consideration of the parties' agreement and the custody conciliator's report, an Order was entered in the above-captioned matter granting the father primary physical custody and the mother partial custody every other weekend. A copy of said Order is attached hereto, incorporated by reference and marked as Exhibit "A". 5. Since on or about February 25, 1997, the mother has willfully disobeyed the Order in ways including the following: a. Improperly medicating the children, in particular giving the three oldest children a higher than recommended dose of a sleeping medication, clonidine, which has potentially dangerous side effeots, and providing the same medication to the youngest child for whom it was not prescribed, in violation of paragraph 12 of the Order. b. Failing to provide the parties' son Justin with a special diet as recommended by his physician and as required by paragraph 12 of the Order. This resulted " in weight loss, diarrhea and dehydration. ^ copy of Justin's dietary recommendations are attached hereto, incorporated by reference and marked as Exhibit "B". c. Failing to take or use Justin's wheelchair, or provide and use a car seat for him, as recommended by his physicians. A copy of the physicians' recommendations with respect to the wheelchair and the car seat are attached hereto, incorporated by reference and marked as Exhibit "c". d. Failing to return Justin's intal nebulizer to the father after her period of partial custody. 6. The aforesaid acts and omissions by the mother, as set forth above in paragraph 5, are not in the children's best interest and have adversely affected them. 7. Cumberland county Children and Youth Services (CYS) is in the process of conducting an investigation of the mother based on the allegations of overmedicating the children. 9. CYS has informed the father that he would be putting the youngest child, Justin, at risk if he lets the child go with the mother without the neoessary eqYipment, inQluding his wheelchair, and if the mother does not use a car seat when transporting the child. 10. The defendant's attorney, James J. Kayer, Esquire, has been informed of the filing of this petition. WHEREFORE, the plaintiff requests that this Court enter a Temporary Order modifying the order of February 25, 1997, to condition the defendant's partial custody upon her using the children's proper medical equipment, including but not limited to Justin's wheelchair; upon her providing and using a car seat for Justin; and upon her following physicians' recommendations with respect to the children's diet and medication, including specialized equipment required for the administration of the children's medication. The plaintiff requests that the Order of February 25, 1997, remain in full force and effect in all other respects. The plaintiff requests such other and further relief as may be just and proper. Respectfully submitted, ~tl-~H./ (D VelA, v' ( Clan Carey Philip C. Brigan~ Attorneys for Plaintiff 'LEGAL SERVICES, INC. 8 Irvine Row Carlisle. PA 17013 . . , \ JOSEPH H. rISHr:R, JR., plaintiff : IN 'l'HB 00UR'r or a:M1OO PLEAS r:tI : ClIIIlERLl\ND 0CIJN'l'lC, P!HISYL VI\N1A I : NO. 94...4203 CML '1'EM : : CIVIL AerIal - LAW : aJSroOY vs. JUANITA rISHER, Defendant CIUlIR or <DRr AIID at, this ~ day of ~ ~ , 1997, upon ccnaideration of ~ia CUst~~ Repo", it: i. oede* and directed .. follow. I 1. 'l'hi. court's pdol:' Ol:del:" dated sept.ar 30, 1994, January 26, 19915 and July 25, 1996 lI:'e vacated and APlaced by thia OI:'der:. 2. '1'tut rather, Jonph H. riaher, Jr., and the Mother, Juanita riaher, ahall have shared ll\lal euatody of Shawn Michael riahar:, bom MarCh 13, 1986, Benjamin Clyde riaher, bom octcber 18, 1987, R8beCCS Jo rillher, bor:n April 9, 1989, and Jwstin LM risher, bom 3epteailer 2, 1991. 3. 'l'he rather shall have primary phYllical euatody of the OUJ.dren. 4. 'Dle Mother shall have partial phYllical euatody of the OUl4r:en en altematil'llll weelten4s frail Il'r:iday at 4:30 p.m. until Sunday at 7100 p.m., be9inninq hbr:uar:y :n, 1997. 5. During the lI\1ll11l11' lIchool bnak each 1I1l111111r, the partin shall have ClWItcdy of the Q\ilckwl AI followa: A. Ele9iM1ng the firat Sun4ay after ter:mination of the lIChool year:, the Mother ahall have ClWItody of the Chil4r:lln for an uninter:rupted thrH WHk ped04. B. 'lb. rather shall have an uninterrupted perioC! of euat~ for the next two WHka, which ahall include the July 4th holiday in each y.ar:. C. '1'\'Ie Mother shall have an uninterr:upted pedoC! of CU8t~ for: the next two weekll. D. '1'\'Ie rather: shall have an uninterrupted pedoC! of ~t~ for: the next thr:ee wHlca. II. I'or: pur:poae. of thia prevision, each week. ahall bI\lin on sunday at 7:00 p.m. and end on Sun4ay at 7:00 p.m. r. ouril'llll the exten41d periods of c:uat~ e.tabU.hld unc5er thi. pr:cvillion, the r:e;ular alter:natil'llll WHkend CU8t~ schldule shall be .uapandld, but ahall ASIlll1l with the Mother:. haVi] CU8t~ the WHken4 fOjiOWil'llll the . . '. . . rathlr's Una! thr:ee week period of Cll8tody. 15. '1'h1 partin .tIall ahaA or altlmatl cua~ of thl Children en holiday. as follows I I," Olrist:mu/New Yur_l 'D\I Christmu/NW Year holiday iihall be dividllS into IJe9mIIIt A and SII;DIIIIt I, vith /JI9IllIIlt A blil'llll dlf1nld .. the period ercm Christmu IVI at 12100 lIClCXl until ChriltlnU Day at 12100 lIClCXl and fl'Clll New Year'l IVI at 12100 Noon until 7100 P.M. 01'1 the day before achoo1 nll.lllll. Sl9JDlnt 8 shill be dafinld as thl period fraD Chriltmu Day at 12100 noon untilttw Year'. lIVe at 12100 lIClCXl. b Mother .tIall have ClIlItocJy of the Olildren durill\J SIIvD*lt A in IVIII lUIICered yMl'8 and 4uril'llll Sl;ment B in odd nuatlIred v-ra. 'J.'tIe rather ahlll havI cuatody o)t thl O\Udnn dudn; Se9Jnlnt A in odd nlllllblred years and durin; SIrJD*lt B in IVIII ~rllS years. 8. 'l'hanklIgivil'lllll '1'1\1 'I.'I1anIca9ivinr;l holiday atlall begin on ~ia1l'l1ll Wldnesday evlllil'llll at 7100 p.m. and end on 'D'\arIkIIJivil'llll DIy at 7100 p.m. 'ntl Mothlr Ihall haVI cuatody of thl Childnln on '1!1ank8lIiving in odd n\Jltler:llS year_ and thl rathlr shall haVI Cllltody of the Children in IVIII nlllli:llred year_. If thl MothItr '. regular WIIkII\d IClhIdull includu the velltllld follOltirlliJ '1'hankIICiIiving in yara Will thl Mother hu Cllltoc!y of the OllldAn on the holiday, thl period of Cllltody ahall z:un continuOll81y thrclU\lh SWlday at 7100 p.llI. C. IIstlr: '1'h1 parti.. shall aharII Cllltody of thl Olilc5ren en Butlr SWlday, with tha party hlvirlIiJ regular \IHkIIId Clllltody to haVI CUJltody of the Children until 2:00 p.llI. en !astar SWlday and the other perty to haVI CIIItody of thl Children fraD 2100 p.llI. until 7100 p.m. D. Memodal..Q!I/Labor Day: '1'ha MotMr ahall haVI cuatody of thl 0\1.lc5ren in IVlry year on thl Mlmcdal Day holiday frail thl pt'ecllSil'l9 Sunday at 7100 p.m. untll 7:00 p.m. on thl holiday. 'l'tI1 rathlr shall have Clllltody of thl Olildren duril'llll thl Labor Day holiday eacll year beginning at 7100 p.m. on thl ~lCIding Sunday. E. July 4th: '1'h1 rathlr ahall have CIIItody of thl Childrln Ivery V-ar ovlr thl July 4th holic5ay as provided in paragraph 5B govlrning Ixtended pedoda of c:uatody during thl alll1'llllr achool break. r. Mother's Day/rathlr'l Day: In IVlry year, thl Mothlr ihall haVI CIIItody of till Childrln on Mothlr's Day fran 2:00 p.m. until 7100 p.m. and thl rathlr lhall havI CIIIItody of thl Olildren IVlry year on rathlr' a Day fran 2:00 p.m. until 7:00 p.m. .', ,: , , ,', 7. '1'h. party neliving cuatody undlr thia ordlr ihall bI responsibll to provide tnnaportation. 8. If thl cuatodial parlnt ntQUirel can for the Olildnn during his OL' hlr padoda of cuatody, that party ahall Urlt \Iivl to thl noncustodial party the opportunity to provide care for the Olildnn blfon contactil1lil rnird parti.. for blbylittilYil usietarlel. 9. If either party intenda to rtIIllOVI thl Olildrln frail the ~....oIIIIIIlth of pennsylvania for III ovemi\lht period or lonIJer:, thet party ahall provide two WHka IIdvI/lCl notice to the other party .. well .. the IddnA and telephone n\lltlllr whlre the Children can be ocntacted. 10. Durin; hie or her padoda of custody, neither party ahell pcovidl the Childrttn with accell to alcohol, 01:' drive with the Childrttn in the 0aJ:' atter: conaUlllirwa e1cchol. Neither party 1Ih&l1 have alcoholic beYerav" in the 0aJ:' when the ChUCIren ar:e prulllt. 80th partiN shall refrain fraD (and insure that illY frienda or relativel pnaent allO refrain b:aD) consUlllin'il alcohol to thl point of intoxication when that party has custody of thl Childr.en. 11. '!he parties eqrH that the Mother and the J!'ather: shall be the only per:1OI1I responaible for: dilcipUne of the Children while in his or her custody. . . .' '. . . . 12. Each party Ihall insure that the Childr:ln neeive all l')ICtIlaar:y lMdication and follClll all special dietl as ~ by their physicill\8. 13. Each party lIhall notify the other party as aoon sa poslible of Ill'f lMdical _r:qenci.. invol villi) air{ of thl Children while in hill C'/r: her cuatody. 14. Neither party Ihall do 01:' aay anythilli) which may Istral'lge the Children fra1I the other parent, injure the opinion of thl Children sa to the othlr parent ar haqlIr the free and natural development of the ChildreM' love and respect for the other parent. 15. 'l'hil order il .,tered purlluant to an agrHl\llnt at a cuatody COnciliation Conference. '1'h1 par:tils may modify the proviaiona of thill OI:der: by IlUtual 1IIIIr:..-.nt. In the absence of llIJtual llIiIrHmInt, the terma of thia order IIhall control. BY 'l'HE CXlURT, eel JIIl\lII J. bYlr:, l!:8qUire - counael far Mothlr TRUE COpy FROM RECORD ,Matt McClenahen and Jan Terpening, for J!'athlr In TJst!mony whmof, I here unto Sit mY hend and the sGal of seld Court at Carlisle, Pa. This ".~.ifI..u..,::. day of...!r..+.fr.'....... 19.1..2. _.....J.~......?l:...:...g.~."'..........- l ,/~ . Pro1honotary /.'11 -M.":'" IL. -;J.. . ~} Kevin A. HilS, J. '11 '1-1531-8985 "'ED I FlTFi I CS HEFiSHE't' 0715 "'02 l!il:'" ldt!l''d, . . PennStltte GeisinE HCllhh $)1Iem Sept 5, 1991 . To Whom It May Concern' R'prdinH the car~ of Juslin ,rlshtl', DOB 912/~ I JU~lln jl D li~ Y~DI uld ymlnll'Il~1l with low musel. Ion, and developmenla' del.y~ 1110 IIronBly recolllnlel/ded thaI children wirh low muscle lone conlinue 10 use lUPPQrtive car seals for ll'l/llportllion plSllht IIsual1llt 01'4 yealf.A lap bell dOli nul pmvld. .nouah support 10 keep D chlld wllh low muscle lone la propel body ,lI8nmenl durlnB tranlportaUon In ., mavin, vehlcle, Chlldren wllh 10\1. mustie lon,frequenlly require Ih. us, of a whc~lchHlr AS dOUI Jualln, The adaplive acalini Is ImportMllO provide prulltr body all8lUn~nl lur e~lend.d periodl ortin', plua il prl,vldes a medna ofll111bllllV for children who It" lInDbl~ II' SlllId IInd walk Independenlly anl! should be avallable 10 him, Fhullly, u with III children medh:lliQn prestribed should be given as prescribed 10 malnlaln oplimal hellllh, Sincerely, ,,/'..,>( ,,~t (,. IJ ~I "l .".'" ;J~nnelld' R"m'r, MD Ucvtlllpmtnlal Pedlall'ician , ' . , j1 ~.,M/.r.J.,.. 9-' (!.!k. ~,ZA4-0^J ~/rK V3~ . " ' . EXHIBIT C 1:,'f(I,:. . II" , "i '<./' " , , 'I, ., ,. , , , I' ,.' , , ,'" '. " I:' I' It' I 11'lli/ I " " " I' I' II .j " " '1 ' , , '~-"'H'-'''7'';'''''-I'--,.....,..1';'''- II .' ',I' , Fll.m-OrFIc!: OF W:'. rr:r'!:,'.' IOTAfW .97 nn I 6 ^d II' !i I Clir\',~" J " - I' \ e" J'\rY I I~<\ IIi -'I'\-'!' r I' \ I.:l)il'-' ..1,- lh ,- , , 'i ., " , , " " ., /\ I '1 '1 I , , , " , ., " -I - !I , , I "r: , I , III 11',1 \ , " .\"-.......',..,-.- " , j"'-C' . , , " , , ,I'!I': :' 1", ',' , . ., , ILi" ''';p !' 1 , i,1 -,i/'b' . , I." .. , ~' . ... , , , 1,1 " II 11 , ' , '. , 1 ~1-......"'1It"7'1"~"""""'~I'if''''W"'f ~l . I 'I' ,:'-, ';11,' ,". . " 'f' , " \1 , ,. . . .' .' u. i...~...,1J," 1i1\l~~' ~:':/~!_ ;,>,,:;'-kl~Y',;.-.I,'.\i ;~;.;j'~':'f" ,'_L~/, ,t)f 11.'-:' I.'l~ . /'/'-1 , ., ":('f' ','., .:11 , ." 'II' '1 ,.. F, - I, ' I ,I I I I . I i~1 ~ I I~~:; f j'3 "~ :] ~ i: ~ ~~ I / I ,~ .. P$~ ~ . . t, I 1l .e": ~ ~ . ;1 HIlI ~ !~~ ~ . I, ~ ~ II: :II RI~ ~ I l!l ~ , 1,1 " I I I" I I "i " .' , ,.1 . . , . .', . , bY 1/ JOSEPH H. FISHER, JR., Plaintiff IN THE COURT OF CXlMMON PLEAS OF CUMBERLAND COUNTV, PENNSYLVANIA Defendant : I I I I I I NO. 94-4203 CIVIL TERM vs. JUANITA FISHER, CIVIL ACl'ION - LAW cusroOy ClUD CJI.P CXlIRT AND NCIf, this .1 ~.. day of upon consideration of the attached Custody ordered and direl'lted as folluwsl !'U"IJ~ , 1997, Conciliation Report, it is 1. This Court's prior Orders dated September 30, 1994, January 26, 1995 and July 25, 1996 are vacated and re~laced by this order. 2. The ~'ather, Joseph H. Fisher, Jr., and the Mother, Juanita Fisher, shall have shared legal custody of Shawn Michael Fisher, born March 13, 1986, Benjamin Clyde Fisher, born october 18, 1987, Rebecca Jo Fisher, born April 9, 1989, and Justin Lee Fisher, born September 2, 1991. 3. The Father shall have primary physical custody of the Children. 4. The Mother shall have partial physical custody of the Children on alternating weekends from Friday at 4:30 p.m. until sunday at 7100 p.m., beginning February 21, 1997. 5. During the summer school break each summer, the parties shall have custody of the Children as follows: A. Beginning the first Sunday after termination of the school year, the Mother shall have custody of the Children for an uninterrupted three week period. B. Thft Father Ilhall have an uninterrupted period of custody for the next two weeks, which shall include the July 4th holiday in each year. C. The Mother shall have an uninterrupted period of custody for the next two weeks. O. The Father shall have an uninterrupted period of custody for the next three weeks. E. For purposes of this provision, each week shall begin on Sunday at 7:00 p.m. and end on Sunday at 7:00 p.m. F. During the extended periods of custody established under thie provision, the regular alternating weekend custody schedule Ilhall be suspended, but shall resume with the Mother having custody on the weekend fallowing the ~~W' ...... "" ) I, , 1 O~ , !,?I.!YJ :.QfI7cr; /" f" J 11""1"1' ' 111'.11/;1 97 F/:'(! p Ij ,1/f 91/?3 C'L'f",t '", '. , .. 1 , "cNI\'~;~iv/jyl;\' 'ili ,} i I I', " I,',j,i , , " , , " '1 I, ' " " , .. , . 1 I \ ,I I'i, , i~ "1':; "l' 11 ,,'. , , ~t,/ II, '," :1" t , , I;,' " " I, ,\ " ,,1 i:>:~l ,:' :t j (III ,,:.I' .,1/, , q , , \ d I'; " 1'1,' " , II' I' " " if " I I ':'1 !~'~J:~ ' I 'ii I t' 'I "It " " ., , , I", " , , " ", :,j , " \"1 , :'" ' I, '. " I:! " . ,I , .' , I} I I' 1" .' , ,I.,. ,,' fl' , ., ............. I' Father's f.inal three week period of custody. 6. The parties shall share or alternate custody of the Children on holidays as followa: A. Chtistmas/New Veara: The Christmas/New Year holiday shall be divided into Segment A and Segment B, with Segment A being defined as the period from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon and from New Year's Eve at 12:00 Noon until 7100 P.M. on the day before school resumes. Segment B shall be defined as the period from Christmas Day at 12100 noon until New Year's Eve at 12:00 noon. The Mother shall have custody of the Children during Segment A in even numbered years and during segment B in odd nUJri:lered years. The Father shall have cUlltody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. B. Thankllgivin.s.: The Thanksgiving holiday shall begin on the precediOg Wednesday evening at 7:00 p.m. and end on Thanksgiving Day at 7:00 p.m. The Mother shall have custody of the Children on Thanksgiving in odd numbered years and the Father shall have custody of the Children in even numbered years. If the Mother's regular weekend schedule includes the weekend following Thanksgiving in years when the Mother has custody of the Children on the holiday, the period of custody shall run continuously through Sunday at 7:00 p.m. C. Easter: The parties shall share custody of the Children on Easter Sunday, with the party having regular weekend custody to have custody of the Children until 2:00 p.m. on Easter Sunday and the other party to have custody of the Children from 2:00 p.m. until 7:00 p.m. O. Memorial Day/Labor Day: The Mother shall have custody of the Children in every year on the Memorial Day holiday from the preCeding Sunday at 7:00 p.m. until 7:00 p.m., on the holiday. The Father shall have custody of the Children during the Labor Day holiday each year beginning at 7:00 p.m. on the preceding Sunday. E. July~: The Father shall have custody of the Children every year over the July 4th holiday as provided in paragraph 5B governing extended periods of custody during the summer school break. F. Mother's Oa Father's Oa: In every year, the Mother s a ave cust y 0 t e Children on Mother's Day f.rom 2:00 p.m. until 7:00 p.m. and the Father shall have custody of the Children every year on Father's Day from 2:00 p.m. until 7:00 p.m. 7. The psl:"ty nceiving custody under this Order shall be re.ponsible to provide transportation. 8. If the custodial parent requires care for the Children during hie or her periods of custody, that party shall first give to the noncustodial party the opportunity to provide car:e for the Children before contacting third parties for babysitting assistance. 9. If either par:ty intends to remove the Children from the Conmonwealth of Pennsylvania for an overnight period or longer, that party shall provide two weeks advance notice to the other par:ty as well as the address and telephone nuntler where the Children can be contacted. 10. During his or her:' periods cf custody, neither party shall provide the Children with access to alcohol, or drive with the Children in the car after consuming alcohol. Neither psrty IIhall have alcoholic beverages in the car whan the Children are present. Both parties shall refrain from (and insure that any friend~ or relativell present also refrain from) consuming alcohol to the point of intoxication when that party has custody of the Childr:en. 11. only persons cuatody. The parties agr:ee that the Mother snd the Father shall be the responsible for: discipline of the Children while in his or her 12. Each party shall insure that the Children r:eceive all necessary medication and follow all special diets as recOlll11ended by their physicians. 13. Each psrty shall notify the other party as soon as possible of any medical emergencies involving any of the Children while in his or her custody. 14. Neither party shall do or say anything which may estrange the Children from the other parltnt, injure the opinion of the Children as to the other parent or hamper the free and natural development of the Childrens' love and respect for the othor parent. 15. This order is entered pursuant to an agreement at a Custody COnciliation Conference. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terms of this order shall control. BY THE COURT, ,AIL cc: Jamea J. Kayer, Esquire - Counse for Mother _ (',,~':".~ ""tl~l',.t.fJ/II~/9?' Matt Mcclenshen and Jan Terpening, for Father U ,>oS ,f' . I": nu:n (1::r-v:l'; f I' l" 'f ' .ti:,lr~y (1'" '1'1 ': I ., I ('\ ,.'~ ,.,), i j.. "* I, , , I"J" 'I"~ ..,t 10 'II' .~.. I J "_' ,,' ~ , f'd~l\~iYLV/NI/\, , , 1, " ' " " , ' " ", , , " , " " Ii ", , , .. , .11 " I' " I, , , , ',,I , " , I C' " 'I , , " '. JOSEPH H. FISHER, JR, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSVLVANIA v. JUANITA FISHER, Defendant NO. 94-4203 CUSTODY CIVIL TERM PETITION FOR SPECIAL RELIEF The petitioner by and through his attorney, Joan Carey of Legal Services Inc., represents the followingl 1. The plaintiff, Joseph H. Fisher, Jr., hereinafter referred to as the father, resides at 152 N. Pitt street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant, Juanita Fisher, hereinafter referred to as the mother, resides at 62 W. North street/ carlisle, Cumberland county, Pennsylvania 17013. 3. The parties are the parents of Shawn Michaol Fisher, Benjamin Clyde Fisher, Rebecca Jo Fisher, and Justin Lee Fisher. I 4. On January 26, 1995 an Order of the Court was entered in the above captioned matter awarding Joseph H. Fisher primary physical custody and Juanita Fisher partial custody with the right to have the children for six uninterrupted weeks during the summer. The order further states that if the mother wishes to take the children out of state, she will give the father reasonable notice of her intention to do so and provide the father with addresses and phone numbers of where the children will be during their out of state visit and that the mother may only take the children out of the state for a total of two weeks. A certified copy of the Court Order is attached as Exhibit A and 1. incorporated herein by reference. 5. The father fears that the mother plans to leave Pennsylvania with the children and relocate to Alabama in violation of the court Order for reasons including the followinq: a. The mother has indicated that she plans to leave Pennsylvania on Friday, July 26, 1996, and as of the filing of this petition she has not provided the father with an address or phone number where.' she will be taking the children in spite of several requests by the plaintiff for this information and in spite of this Court's Order that she do so. b. The mother is currently behind in her rent and electric payments and her telephone and cable have recently been disconnected. c. The mother has a history of fleeing with the children. In particular, on or about July 15, 1994, the mother left Pennsylvania when faced with similar economic circumstances and the father petitioned this Court for an ex Dart~ Order granting him custody. After a hearing, an Order was granted awarding the father custody, and he was forced to travel to Alabama, where he thought the children may be. The father had to enlist the help of several human services and law enforcement agencies in Alabama to locate and retrieve the children pursuant to this Court's Order. A certified copy of this Court's Order is attached aa Exhibit B and is incorporated herein by reference. d. The mother appears to be vacating her residence in that ahe has removed pictures from the wall and has packing boxes lying around the house. e. The father fears that the mother may go to Indiana where the mother's boyfriend has family, and the mother refuses to give the father phone numbers and addresses of the boyfriend's family members in Indiana inspite of the fact that she has said she may go there. f. The mother's boyfriend has been scouting for employment in the Alabama area. g. Children and Youth Services has an open case regarding the mother, and the agency has no phone numbers or addresses to locate the mother if she goes to Alabama. 6. The father has knowledge that the mother plans to leave Pennsylvania on Friday, July 26, 1996, and absent intervention from this Court, he will be without recourse and will suffer irreparable harm since he does not know the specific addresses of where the childr.en will be and he does not have the financial resources to travel out of state to retrieve the ohildren. WHEREFORE, the plaintiff, Joseph H. Fisher, Jr., requests that this court enter a Temporary Order suspending the partial custody rights of the defendant, JuanJ.ta Fisher, pending further Order of Court, ordering the defendant to immediately return the children to the custody of the plaintiff, ordering ~he , , ~ :, I,,/~_J... ,I,' ",,,',J";~J~ '. JOSEPH H. I'ISHER, JR. I IN THE COURT OF COMMON PLEAS Of Plaintiff : : CUMBERLAND COUNTY. PENNSYLVANIA t VS. I NO. 94-4203 CIVIL TERM I JUANITA I' ISHER. : CUSTODY De hndan t I I CUSTODY ORDER AND NOW, this ~~DL day of January 1995. upon uonsideration of the parties' Consent Aareement, all other custody orders in this case are vacsted and entered with regard to custody of the part ies' chi Idren. Shawn. Benjamin. Rebecca. and Just in fisher. I. The plaint iff, hereinafter referred to as the father. will have primary physical custody of the children. 2. The defendant, hereinafter referred to 8IS the mother. will have partial custody of the children. according to the followina schedule: Three weekends a month from Friday at 3:30 p.m. until Sunday at 7:00 p.m. Weekends to be mutually agreed upon by the parties. 3. The parties will share legal custody of the children. 4. The father will have the children every Christmas Eve and Christmas Day since the mother does not recognize or celebrate the holiday due to her religion. 5. The mother wi II have the right to have the chi Idren for six uninterrupted weeks during the summer. If the mother wishes to take the children out of state. she will give the father reasonable notice of her intention to do so and provide the father with addresses and phone numbers of where the children . . 1':XIlIIIlT ^ JOSEPH H. PISHER, JR. : IN THE COURT OP COMMON PLEAS OF Plaintiff I t CUMBERLAND COUNTY, PENNSYLVANIA t VI. t NO. 94-4203 CIVIL TERM I JUANITA PISHER, t CUSTOPY Pefendant : : CONSENT AGREEMENT Thil Agraement II entered on this ____ day of January, 1995, by the plaintiff, JOSEPH H. FISHER, JR., and the defendant, JUANITA PISHER. The plaintiff is represented by Joan Carey, of Legal Servicel, Inc.; the defendant Is unrepresented but is aware of her right to have an attorney. The parties agree that the following may be entered as an Order of Court. a. The plaintiff. hereinafter referred to as the father, will have primary physical custody of the children. b. The defendant, hereinafter referred to as the mother, will have partial custody of the children, according to the following schedule: Three weekends a month from Friday at 3:30 p.m. until Sunday at 7:00 p.m. Weekends to be mutually agreed upon by the parties. c. The parties will share legal custody of the children. d. The father will have the children every Christmas Eve and Christmas Day since the mother does not recognize or celebrate the holiday due to her religion. e. The mother will have the right to have the children for six uninterrupted weeks during the summer. If the mother wishes to take the children out or Itate. she will live the flther reasonable notice of her intention to do so and provide the rather with addresses and phone numbers of where the children will be durlnl their out of state visit. The mother may only take the children out of the state for a total of two wlllks. f. The mother will have the children on Mother's Day from 10:00 a.m. until 8100 p.m. I. The father will have the children on Father's Day from 10100 a.m. until 8100 p.m. h. The mother and father, by mutual aareement, may vary from this schedule at any time. i. The mother and father will notify each other of all emerlency medical care the children receive while In that paren t 's care. j. Neither party shall do anythinl which may estranle the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. WHEREFORE, the parties request that a Protective Order and Custody Order be entered to :B~;~~'s~~~t iff reflect the above terms. d. "~ ~d'..~ ..~z:./ ~anita Fisher, defendant oiln Carey Attorney for plaint LEOAL SERVICES. INC. 8 Irvin. Row Carlisle. PA 17013 .T011I'8 B. ,:rBUR, .nt., Pldnt:Uf v .TUJUl:r'1'A ':CIUR, DdenclaDt . . . . I . . . . . :m 'l'BJl COURT or COJCNON 'LIAS or CDHIlIRLAlfD COtlHTr, '1lNNIYLVMIA CIV:rL AC'1':rON - LAW NO. 94-4203 crnr. T111U1 " CUSTODY Dr U I 'I'1'ITION 'OR BPIICur. UL%J' ORDER O' COURT AND WiW, eb18 26th day of AUQUst, 1994, at 12.04 p.II., after h.ar:lDg and lloUo. th.r:Gof to the d.~end.aDt:, .it: app.ar:.:I.Dg that the idend.aDt hIl. d.par:t.d the C:-"uwealth of '.muiylvuia, whi ,4 jurbdiot::i.oll .i. the hCIIIu IItat. of th. ohilcb:en pur.SWlIl'; to the tJJ1iform Clh1ld C:Uatody Jull:'.ildJ.otion Act, end that: ther. ill pendJ.1l1l ill thb :IurbdJ.c.t.iOJ1 a aOlloU.iaUoll IUl4 fuJ.l lIeu:lD; h.reof, IUl4 it further appear:lDg that it 18 ill the b..t iIlter:est. of .aid ohUcb:1Ul to be I'et\lnl.d to th.il' father: forthwi~. it ia Jrd.red IUld dJ.l'eoted that P.D~iDIl furth.1' or:del' of 10urt pdll&l:"'./ phvaioal ouatody of the oh:l.ldJ:ezu SbaWD Niohael '.1_11.1', ~o:m Na"::h 13, 1981, BlIDjuaizL Clyde .i.her:, bo~ Oatcbpl' :8, 1~ ,7, Rabeaoa .To ,illlel', bo:m Apr:il 9, 1989, aIld JU.till L 'II :Pie'.Gr, boZ'll Saptlllllber: 2, 1991, i. awarded to their fath.' . Aa :0 any appropriate polioe department 1D eny :Iul'i.diation, eII.11 order to aOllltitute .uffioient warrant ~o a..bt: !Il the tl'a:aefer of the aUlt:ody of ..id chilcb:en. By eIIe Court:, .TOIID Car:.y, --"ry '01' the 'laintiff .llll ,d- EXIIIIIIT II . .' . . v. I IN THE COURT OF COMMON PLEAS OF I : CUMaERLAND COUNTY, PENNSYLVANIA : I NO. 94-4203 CIVIL TERM I : CUSTODY JOSEPH H. FISHER, JR, plaintiff JUANITA FISHER, Defendant CONSENT AGREEMENT This Agreement is entered on this ....-1 , t ilL j , day of _ '/.J-C-~)r/:t.,v .' 1994, by the plaintiff, Joseph H. Fisher, Jr., and the defendant, Juanita Fisher. The plaintiff is represented by Joan Carey of Legal Services, Inc.; the defendant is unrepresented but is aware of her right to have an attorney. 1. The parties agree to share physical dnd legal custody of their children Shawn Michael Fisher, Benjamin clyde Fisher, Rebecca Jo Fisher, and Justin l,ee Fisher. 2. If either party wishes to leave the marital residenca, the parties agree to arrange a schedule of shared physical custody of the children or petition the court if they cannot agree on a schedule 3. The parties agree that neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the tree and natural development of the children's love or respect for the other parent. WHEREFORE, the parties request that an Order of Court be entered to reflect the above terms. J e h H. C?:.e J'r., A I' /' . ._(J.... u_ ( J an'Carey ttorney for Plaintiff LEGAL SERVICES, INC. a Irvine Row Carlisle, Pa 17013 (717) 243-940() Plaintiff /: ,r uanita #II' ~:--~/ Fisher, Defendant v IN Tal COURT or CONNON PLIAS or CUNBIRLAND COUNTY, PINNSYLVANIA CIVIL ACTION - LAW NO. 94.4203 CIVIL TIRH JOBIPH H. rIBHIR, JR., Plaintiff JUANITA PIBHIR, Dehndant CUSTODY IN RI. PITITION rOR SPICIAL RILIlr ORDIlR or COURT AND NOW, thi. 26th day of August, 1994, at 12104 p.m., after hearing and notice thereof to the defendant, it appearing that the defendant ha. departed the Commonwealth of Penn.ylvania, which jurisdiotion i. the home .tate of the ohildren pureuant to the Uniform child Cu.tody Juri.diction Act, and that there i. pending in thi. juri.diotion a conoiliation and full hearing hereof, and it further appearing that it is in the be.t intere.t. of .aid ohildren to be r.turned to their father forthwith, it is ordered and directed that pending further order of court primary phy.ical cu.tody of the children. Shawn Miohael ri.her, born Maroh 13, 1986, Benjamin Clyde ri.her, born Ootober 18, 1987, Rebeoca Jo Pi.her, born April 9, 1989, and Ju.tin Lee Pi.her, born September 2, 1991, i. awarded to their father. A. to any appropriate polioe department in any juri.diction, thi. order to con.titute sufficient warrant to a..i.t in the tran.fer of the ou.tody of said ohildren. By the Court, . /1 d.~ Joan Carey, Isquire ror the Plaintiff Ibg ,...k'!j',":~\,'.i-}",}F,:, ,.. ')~~;l~Jiiiid~{t'id ..j", .. .. , ".....;',-..1 "" "(1' I "\' '" , -,.:i ,i',J . 'I','h~ "'''''''~'III\!ir~\f ", ','- "!'~~\i;\~l'"l",\\IIliliI.I\\f..l"JlhY ! " . '~iil8j, .1lil'l/!ll#!fflIl - i'f'Vl-, --,. -.-....,. .." - ,_.. I, 'F' '".,. , " ~.;! [" [1;1" ~ii(i .ri; 'd, " " , "f, I, ,8 56 A11'S~ , 'OJ ~,lj.J... j", ", '[ 'Ii ! ,r" I ,I , 'I 1-': ';1, ,,' , , ~1 , j I ' "I,_.j, k(lt' .\l " [ I 'Ocr 6 ,; I 1.[ r 1:1 ';I/l1l! 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I' , ,. I ~ . ~ I; . .: " oJ , '1',., JOSEPJi H. FISHER, JR, : IN THE COURT OF COMMON PLEAS OF plaintiff : I CUMBERLAND COUNTY, PENNSYLVANIA v. : I NO. 94-I~d CIVIL TERM JUANITA FISHER, I Defendant I CUSTODY I, " Ut'r\r;:: I \ ' CERTIFICATE ---) I'l, 'f'~'I:' " OF SERVICE , did serve copies of the complaint and the Rule to Show Cause in the above captioned case I ~/.'d(~nr.) l day of ' L/" , LiOO l~ ~ -I l, ,~~ on the defendant by hand delivery on the following address: " ,\ ~ 'JI ~\l 1994, at the dl\\\: ~,L,\ '. I verify that the above statements are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. Date: \<) 1\ (iLl ( , ,\ \\\J ,I l ( v ( , \ "A~ t'\, 'I.' ,) SWORN TO ANn SUBSCRIBED BEFORE ME THIS ~ DAY OF AUGUST, 1994. &Id';~,',t, l' ,~))/', 1/1/ NO'fM'! PilBLIC MY cor.n.ll'3'3t(Jrl LXpn~[~ lO.(j ')5 "I!' i}i- '/,' :',1 " " , " i", lor. " , , :0 ,F,' :JI t', , , , " 'I 'I ," I", 'i.,e",',', [-i'l .,<~....,;' ".1i"oJ,',....../jl, /t'-j!,,'U,',trk ~~,'r/r,.:!';;-':;lr'il",' lif~_,-.....'L.JJ.J!.~~l~J",;,:.f~f:I"":!i;i''-.~l,,~.I.'l'J!u -1'iI.~""'f~I~ ", " ',I " 'II ;'j AUIIZ6 10 2& .\It It! t)~'flr.t vI IIH' ,:,'mtQH?T^~V r,UHljI: IiI,MIll MIJ~TY ~fIHi5'LV,INIA '1" " , " , , , ' " , ' " , 'I '" , , , '1\ "', ) " r"'~~~~''''''~''''''''' I'!. " " r', " ". '11" ,.1 " " p"'.' ," " "I Ii 'I " " tI , ~.....-,- '. ", I". .1' " ." 'I I,: ;1' " '!,' , ,J~,l.:"-', ,i ' .' . , ' , ~ " .' I, II I,j I ! " " ,I I ~P,.,-;~~"'\rr-\'i: {\t' F I,'. "'::1., , " , I. I, " . , . ,I . . . I, I. " 1,1 I:; I , " 1'-11 I, I " I ," , , " " , 'Ii ," " , " , , , '.'1 , " :,1' '" " jj_\\:i:,:,:':-:"': :1"':':',"'1' ;;:lJ-' :IJ,! "j , " "' '_J, .:~ q, " '. '1", ~.','.t " I ''''i II' , I , ,'i ,.' , , " l'.i ,'I " ",11 " 1'.1... 'i 'i , ," ,", " .')11 I' " "':1, , , 'rll " 'I,t ., l!, , " 1" 'r " JOSEPH H. FISHER), JR, I IN THE COURT OF COMMON PLEAS OF P ainUtt I I CUMBERLAND COUNTY, PENNSVLVANIA v. : I NO. 94-'+.2~:~ CIVIL TERM JUANITA FISHER, t Defendant : CUSTODY PETITION FOR SPECIAL RELIEF The petitioner by and through his attorney, Joan carey of Legal services, Inc., represents the followingl 1. The plaintiff, Joseph H. p'isher, Jr., hereinafter referred to as the father, resides at 10 East Louther street, Apartment 5, Carlisle, Cumberland county, Pennsylvania 17013. 2. The defendant, Juanita Fisher, hereinafter referred to as the mother, resides in or around Anniston, Oxford or Talladeqa, Calhoun county, Alabama. 3. The parties are the parents of Shawn Michael risher, Benjamin clyde Fisher, Rebecca Jo Fisher, and Justin Lee Fisher. 4. On *liJ ;/"1., 1994, a Complaint for Custody was filed in the above-captioned matter by Joseph H. Fisher, Jr. A conciliation conference is scheduled for _, 1994, at .m. before 5. The father has been intimately involved in the upbringing of the children since their birth. 6. The children have lived with the father since birth. 7. The father has been the main provider of the children's medical care. He has been responsible for ensuring that the children receive necessary medication. 8. On or about July 15, 1994, the mother left the family's home in the middle of the night with the children and, to the best of the father's knowledge, went to Alabama. 9. The father has not heard from the mother or the children since July 15, 1994, in spite of repeated attempte to contact them including calling the mother's family members, who confirm that the mother and the children are in Alabama but claim to have no knowledge or. their address. 10. The father has concerns for the welfare of the children if they are not immediately returned to his custody for reasons including, the mother's neglecting to take medicine and medical equipment which the children are required to use including: a.. synthroid - Medicine Rebecca needs to regulate her Thyroid. b. Reglan - Medicine Justin needs to keep food down, due to a reflex disorder. c. Motrin - Medicine Justin needs to control his frequent fevers. d. Intal Nebulizer Solution - Medicine Justin needs to regulate his breathing. e. Part of the Nebulizer machine - Apparatus Justin needs to regulate his breathing. f. Therapeutic Vest - Apparatus Justin is to wear whenever he is in an upright position. 11. It is in the best interests of the children to be returned to their father for reasons including the fact that he has been intimately involved in their upbringing and can provide for their needs. 12. The mother did not act in the best interests of the .. ... - JOSEPH H. FISHER, JR. , I IN THE COURT OF COMMON PLEAS OF Plaintiff : f CUMBERLAND COUNTY, PENNSYLVANIA f Viol. : CIVIl, ACTION - LAW : . t NO. 94 - 4203 CIVIl. TERM JUANI'l'A FISHER, : O",fendant t CUS'fODY M.OT I ON 1':Q1L_QmITJ.I:iJJ~.E ., Legal Services, Inc. moves the Court for an Order rescheduling the hearing of this case on the grounds thatt 1. The plaintiff filed a Complaint for Custody and a Petition for Special Relief, and this Court entered a Rule to Show Cause againlolt the defendant returnable at a hearing on Monday, August 22, 1994, at 10:30 a.m. 2. On 01' about August 15, 1994, Legal Serv ices in Alabama contacted Legal Services, Inc. on behslf of the defendant to requelolt representation, 3. l.egal Services, Inc. represents t.ht" plaintiff, and is, therefore, in the process of referring the defendant's case to a private attorney for J.!.r.Q 1l.2n.2 ropresentat.ion. 4. As of August Ill, 1994, in splt.e of contacts with several attorneys, Legal Services, Inc. has not been able to aecure representation of the defendant.. 5. The plaintiff agrees to a continuance of the hearing to August 26, 1994, at. 11:30 a.m. t.o allow Legal Services, Inc. iime to find representat.ion of the defendant. JOSEPH H. FISHER, JR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : I CUMBERLAND COUNTY, PENNSYLVANIA v. I : NO. 94~ ,lid CIVIL TERM JUANITA FISHER, I Defendant I CUSTODY I, -.6.t;'11 e:: (-I CERTIFICATE OF SERVICE /? , t'll'A-:\'\ S , did serve copies of the on bhe defendant by hand delivery on the Complaint and the Rule to Show Cause in the above captioned case , I t4i.:.I'~'lIJ y- day of Lor:- ' 4Co l.J ~-+ h ,S following address: A l .? ~~)CI .1.994, at the .8(\\\: ~~c" .--, " ,.' I' ~ .1 ri"l' , ".. g ,...., " . '. , ,~ ' .J;ln .6 I:':r:;..~ ~.. n: \.,..,'~'" - >I' <I!(.".. Jo.!!. 'I,';,... ~ 1..- ...j. ~K I.:' ...::, . ~ I verify that the above statements are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. Date: ~-4 .(\, Y (\ /\ (~ , n SJ. ,'" l C.~ \ !:J.L l'.\. ,.~. ,j SWORN TO ANn SUBSCRIBED BEFORE ME THIS ~ OAV OF AUGUST, 1994. PI ^. tl3::..!./',I-, ,'.' t. ,(7'1/, j it. NOTAR" PflBLIC MY corl~r,:t:~:O:1 ~;<P:nEZ lO.(i')5 . . vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94- 'f:v;') CIVIL TERM JOSEPH H. FISHER, JR., plaintiff JUANI'rA FISHER, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUP~ 1. I am the plaintiff in the above matter and because of my financial condition are unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtairl funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fe~s and costs is true and correct. (a) Name: JoseDh H. Fisher. Jr. Address: 10 E. Louther st.. Apt. 5 Carlisle PA 17013 Social Security Number: 209-50-752~ (b) If you are presently employed, state Employer: NIA Address: salary or wages per month: Type of work: If you are presently unemployed, state Date of last employment: 5/94 Salary or wages per month: S781.00 Type of work: Laborer (0) Other income within the past twelve months Business or profession: NIA Other self-employment: Interest: ,. (f) Debts and obligations Mortgage I Rent: S227.00/month Loans: Car loan S200.00/mo. Monthly Expenses: Telechone $40.001 electric 1363.001 Groceries $400.001 Laundry $30.001 GaJ-j75.00: (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: Namel Shawn Fisher Benjamin.1J,sher Rebecca Fisher Agel 8 years 6 years 5 years 2 years .:!'ustin Fisher other persons: Relationship: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit 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: I h 4> )'f <I /1'. , plaintiff ,/ ,il " , fit,,,, , I,d III" "1 , \ ~". , " " " " i'" I' I ~"w", , , ," ~:' f~ I' ';1, " " " " I) IHn,... , " . pU,"""~"'~" .N~ t" 2 i1 rK '11I I ,1,11J'U~'IC[ Of ~ti 1,.nIIIOtlCTA.fI., CU lit HLAHI) QQUIlT'f ~HII!)~l~AHIA. ,I 1 " '1,10' , , , , ,;i 1 , " Ii' I , 'I I, " "I , , , , , : 1 I' " I , " , , I ., " 'I , , I d, , ," I' , ']. " '~ 'I,j. " .1, , ,I , ,r !' " '.c ' . .....f.,~..,-"--.-..__....lt."....:'T. ~ , , ,:; t,'j:,~,,:;':"'r"""!-~I ,,1,,';1, ",J, ,,'I ,':.1\ , j .-- ~ ~ \ , , '. '. q ~ cp.;.( " ,(" t " " .' ,! .. ., '.. , I" I . ,; ~ ,I ,. .' , ,I . . ,If ' ~, I ,:'1. ".~...; . I'. "'};"""~!it"'!",',' . '.,"'. ,.l.tJ-J 'II' I .'1', fti'~\~''l'~~ ;" 'i' ;' ")\;... I;' ," 1/"." ,.' ...-.t.]' I.,' '" ,. .,I,i....'\' 'f .; ~1Wi'"ii...\~",~ '",' ..,,:,'ii" i,'. .','1, " .' -.i' . 'Ii ,..' f ';"~',' ." . , \~ov 2 ti199TrJr- JOSEPH H. FISHER, JR., Plaintiff I IN THE COURT OF COMMON PLEAS OF lCUHSERLAND COUNTY, PENNSYLVANIA I ICIVIL ACTION - LAW I INOI 94-4203 CIVIL TERM IIN CUSTODY COURT ORDllR V JUANITA FISHER, Defendant AND NOW, this .z'll day of j),~.~ fL<... , 1997, upon oonsideration of the attaohed Custody Co~ciliation Report, it is ordered and direoted as followsl 1. This Court's prior Order of February 25, 1997, is ratified subjeot to the modifioations set forth below. 2. When Mother is exercising oustody of the minor ohildren, Father shall deliver to the Mother at the beginning of her oustody all necessary mediaal devices including a wheelohair, nebulizer, car seat and other equipment that is re'luired for Justin and that is necessary to meet Justin's ndividual medioal and emotional needs. Mother shall return all of this equipment to the Father upon the end of her time of temporary oustody. 3. In the event that Father is able to locate parenting classes available to Mother that will address the special needs that Justin presents to both of his parents, and those classes are in the inunediate Carllsle vicinity, Mother will agree to attend said classes as long as the attendance requires no financial contribution from the Mother. 4. In the event Father is able to produce a report from one of Justin's treating physicians indicating that Justin should not be exposed in any manner to cats or cat hair, Mother shall take appropriate measures to remove the existing felines from her home. 5. Based upon the report submitted and reconunendation of Cumberland County Children and Youth Services dated November 18, 1997, when the children are in the custody of the Mother, the Mother shall ensure that the Mother's boyfriend, David, is not involved in any physical discipline with the minor children and that the children are not in David's company without the Mother being present. BY THE COURT, J. CI James J. Kayer, Esquire Joan E. Carey, Esquire - ("',\",(,,, . .. . JOSEPH H. PI SHER, JR., Plaintiff V JUANITA FISHER, Defendant Prior Judgef Kevin A. Hess lIN THE COURT OF COMMON PLEAS OF ICUMBERLAND COUNTY, PENNSYLVANIA I ICIVIL ACTION - LAW I INOI 94-4203 CIVIL TERM IIN CUSTODY CONCILIATION CONFlllU1NCJ1 Sl1HHARY RIlPOR!I' IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conoiliator submits the following reportl 1. The pertinent information pertaining to the ohildren who are the subject of this litigation is as followsl Shawn Miohael Fisher, born Maroh 13, 1986; Benjamin Clyde Fisher, born October 18, 1987; Rebecoa Jo Fisher, born April 9,1989, and Just,in Lee Fisher, born September 2,1991. 2. A Conoiliation Conferenoe was held on Nov~mber 21, 1997, with the following individuals in attendanoel The Father, Joseph H. Fisher, Jr., with his oounsel, Joan E. Carey, Esquire, and the Mother, Juanita Fisher, with her oounsel, James J. Kayer, Esquire. 3. The parties agreed on a majority of the terms in the attaohed proposed Order. The one point the parties did not agree upon is the issue of the Mother's boyfriend disciplining the children and supervising the children on his own. Based upon a November 18, 1997, recommendation from Cumberland County Children and Youth Services, the Conciliator reoommends that suoh a restriction be placed in the Custody Order. Mother expressed some concern about the Father's girlfriend in a similar manner. In the event Mother is able to present a similar recommendation from Cumberland County Children and Youth Services, the Conciliator will consider recon~ending a similar provision be installed in a revised Order. 4. The Conciliator recommends an Order in the form as attaohed. (( {ltt[ CC1 DATE roy, Esquire nciliator