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WI DO H!AI!IY CeRtlFV THAT
THI! WIfHIN 18 A TRUl! AHD COR-
AECT CO,., OF THI! ORIQINAL
flllD IN THIS ACTION
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""TTonNEY .
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MANCKE. WA,GNER, I;lERSHEY & TULLY
MICHELLE M. RISSINGER,
Petitioner,
.
.
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. q4 - ? () S'7 C'v;e ..::T-It.....J
v.
I
I
: CIVIL ACTION - LAW
FRED D. RISSINGER, II,
Respondent.
: IN CUSTODY
ORDIIR
AND NOW, this dd"'\ day of Dr-> (ttnb.-r , 19.:!.!:L,
upon consideration of the attached compraYnt, it is hereby
direoted hat the part es and their respective counsel appear
before . ,sc, &F, , the conoiliator, at
., ct., ( , on l.t.):,. .....l'''<ll I"iil', TJ,....~l"'l
t e ay of " '''M'' , 19",Si, at I /l. ~
o'oloc .m., for a Pre-He r ng custody Conference. A 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 oonferenoe. Failure to appear at the oonference
may provide grounds for entry of a temporary or permanent Order.
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Pending further Order of Court,
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By
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.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
MICHELLE M. RISSINGER,
Petitioner
FRED D. RISSINGER, II,
Respondent
IN CUSTODY
PIITITION TO CONYIRH CUSTODY
NOW, COMES your petitioner, Michelle M. Rissinger, by her
attorneys, HANCKE, WAGNER, HERSHEY & TULLY, and files the following
Petition to confirm Custody as follows:
l. Your Petitioner is an adult individual residing at 4 West
Beale Avenue, Apartment 4, Enola, Cumberland county, pennsylvania.
2. The Respondent is an adult individual residing at 400
West High Street, West Fairview, cumberland County, Pennsylvania.
3. petitioner and Respondent were married June 22, 1991 in
Ickesburg, Pennsylvania.
4. There was one ohild born unto the marriage, Tyler
Rissinger, who is 19 months of age.
5. petitioner is the natural mother of Tyler Rissinger.
6. Respondent is the natural father of Tyler Rissinger.
7. The parties separated on or about November 19, 1994 with
the parties moving to the addresses contained in paragraphs 1 and
2 above.
8. Since the date of separation until the current time Tyler
has resided primarily with the Petitioner herein, his natural
mother at 4 West Beale Avenue, Apartment 4, Enola, cumberland
County, Pennsylvania.
9. There is no other party known to the Petitioner herein
who has standing in this matter.
10. There is no prior order of custody or partial custody in
this matter.
11. From the date of separation and prior thereto, Petitioner
herein was the primary caretaker for the minor child and has been
since separation been the primary caretaker of the child.
12. Petitioner believes and therefor avers that it is in the
best interest to grant primary oustody of Tyler unto the Petitioner
for the following reasons:
A. Petitioner has been the primary caretaker of the
child since birth;
B. Respondent herein is emotionally unstable having on
November 25, 1994, admitted that he was in an
agitated emotional state and further admitted that
he admitted himself for care into the Holy Spirit
Hospital in the mental health seotion of said
hospital;
C. Respondent spent several days in the Holy Spirit
Mental Health Care.
D. Since Respondent left the Holy spirit Hospital he
has been unilaterally without notioe and without
oonsultation with the Petitioner herein been
removing the child from day care all of which are
not in the best interest of the child.
2
.
LAW O"ICI.
6NELDAKER
a
BRENNEMAN
Rissinger. It is denied that Tyler Rissinger is 19 months of
age. On the contrary, it is averred that Tyler Rissinger was
born March 14, 1993 and is now 21 months of age.
5. Admitted.
6. Admitted.
7. Admitted in part and denied in part. It is admitted
that the parties separated on or about November 19, 1994. It is
admitted that Petitioner moved to the address contained in
paragraph 1 above on or about November 19, 1994. It is denied
that Respondent moved to the address contained in Paragraph 2
above on or about November 19, 1994. On the contrary, it is
averred that Respondent, Petitioner and Tyler resided together at
400 West High street, Wast Fairview from in or about August, 1993
until Petitioner unilaterally and without notice left the marital
home and removed Tyler from the marital home.
8. Admitted. By way of further answer, it is averred that
on or about November 19, 1994 Petitioner unilaterally and without
notice or consultation with Respondent removed Tyler from the
marital home and since that time Petitioner has systematically
denied and frustrated Respondent's attempts to have custody of
Tyler.
9. Admitted.
-2-
LAW O"IClElI
SNELDAKER
a
BRENNEMAN
10. Admitted. By way of further answer, it is averred that
Respondent filed a Complaint for custody of Tyler on December 15,
1994 docketed to No. 94-7017 civil Term, Court of Common Pleas of
Cumberland County, Pennsylvania.
11. Denied. It is denied that from the date of separation
and prior thereto, Petitioner was the primary caretaker for the
minor child and has since separation been the primary caretaker
of the child. On the contrary, it is averred that Respondent has
been involved as caretaker of Tyler since birth on a basis that
is equal to or greater than that of Petitioner. By way of
further answer, it is averred that Respondent's family has played
a major role in the caretaking and raising of Tyler since birth.
12. Denied. It is denied that it is in the best interest
of Tyler to grant primary custody of Tyler unto Petitioner. On
the contrary, it is averred that it is in the best interest of
Tyler to grant custody of Tyler unto Respondent.
A. Denied. It is denied that Petitioner has been the
primary caretaker oe the child since birth. On
the contrary, it is averred that Respondent has
played an equal or greater role in the caretaking
of Tyler since birth;
Admitted in part and denied in part. It is denied
that Respondent is emotionally unstable. On the
oontrary, it is averred that Respondent is stable
in all respects. It is admitted that Respondent
was in an agitated emotional state on November 25,
1994. By way of further answer, it is averred
that Respondent was in an agitated emotional state
on that day because of his wife's unilateral move
B.
-3-
.
LAW O"ICla
6NELDAKER
6
BRENNEMAN
from the marital residence with the child,
Respondent's employer's announcement that he would
be laid off and Petitioner's continued refusal to
permit Respondent to have custody of Tyler. It is
admitted that Respondent admitted himself into the
Holy spirit Hospital mental health section. To
the extent that any of the averments in Paragraph
125 may imply that Respondent is not willing and
able to care for Tyler, same are specifically
denied.
c. Admitted. By way of further answer, it is averred
that Respondent admitted himself to the Hospital
on the morning of Saturday, November 26, 1994 and
that Respondent was released from the Hospital on
Wednesday morning, November 30, 1994 with a clean
bill of health.
D. Admitted in part and denied in part. It is denied
that since Respondent left the Holy Spirit
Hospital he hus unilaterally without notice and
without consultation with the Petitioner been
removing the child from day care. On the
contrary, it is averred that on two occasions
Respondent exercised his rights to custody of
Tyler by picking up Tyler at the day care
facility. On both occasions, Petitioner was
contacted and informed that Respondent was picking
up Tyler from the day care facility in order to
spend time with Respondent. It is denied that
Respondent's actions were not in the best
interests of the child. On the contrary,
Respondent has at all times relevant hereto acted
in the best interests of Tyler.
13. Denied. It is denied that it is in the best interests
of Tyler to grant primary custody to the Petitioner herein. On
the contrary, it is averred that it is in the best interests of
Tyler to grant custody t.o the Respondent.
WHEREFORE, Respondent, Fred D. Rissinger, II respectfully
requests your Honorable Court to deny the relief requested by
-3-
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
IN CUSTODY
MICHELLE M. RISSINGER,
Petitioner
FRED D. RISSINGER, II,
Respondent
PBTITION TO CONrIRH CUSTODY
NOW, COMES your Petitioner, Michelle M. Rissinger, by her
attorneys, MANCKE, WAGNER, HERSHEY & TULLY, and files the following
Petition to Confirm custody as follows:
1. Your Petitioner is an adult individual r.esiding at 4 West
Beale Avenue, Apartment 4, Enola, cumberland County, Pennsylvania.
2. The Respondent is an adult individual residing at 400
West High Street, West Fairview, cumberland County, Pennsylvania.
3. Petitioner and Respondent were married June 22, 1991 in
Ickesburg, Pennsylvania.
4. There wall one child born unto the marriage, Tyler
Rissinger, who is 19 months of age.
5. Petitioner is the natural mother of Tyler Rissinqer.
6. Respondent is the natural father of Tyler Rissinger.
7. The parties separated on or about November 19, 1994 with
the parties moving to the addresses contained in paragraphs 1 and
2 above.
8. Since the date of separation until the current time Tyler
has resided primarily with the Petitioner herein, his natural
mother at 4 West Beale Avenue, Apartment 4, Enola, Cumberland
County, Pennsylvania.
9. There is no other party known to the Petitioner herein
who has standing in this matter.
10. There is no prior order of oustody or partial custody in
this matter.
11. From the date of separation and prior thereto, Petitioner
herein was the primary caretaker for the minor child and has been
since separation been the primary caretaker of the ohild.
12. petitioner believes and therefor avers that it is in the
best interest to grant primary custody of Tyler unto the Petitioner
for the following reasons:
A. Petitioner has been the primary caretaker of the
child since birth;
B. Respondent herein is emotionally unstable having on
November 25, 1994, admitted that he was in an
agitated emotional state and further admitted that
he admitted himself for care into the Holy spirit
Hospital in the mental health section of said
hospital;
C. Respondent spent several days in the Holy spirit
Mental Health Care.
D. Since Respondent left the Holy Spirit Hospital he
has been unilaterally without notice and without
consultation with the petitioner herein been
removing the child from day care all of whioh are
not in the best interest of the child.
2
"',.
-t,
MICHELLE M. RISSINGER,
Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
.
.
v.
CIVIL ACTION - LAW
FRED D. RISSINGER, II,
Respondent
IN CUSTODY
PIITITIOH TO COHrIRH CUSTODY
NOW, COMES your Petitioner, Michelle M. Rissinger, by her
attorneys, HANCKE, WAGNER, HERSHEY & TULLY, and files the following
Petition to Confirm CUstody as follows:
1. Your Petitioner is an adult individual residing at 4 West
Beale Avenue, Apartment 4, Enola, cumberland County, Pennsylvania.
2. The Respondent is an adult individual residing at 400
West High Street, West Fairview, cumberland County, Pennsylvania.
3. Petitioner and Respondent were married June 22, 1991 in
Ickesburg, Pennsylvania.
4. There was one child born unto the marriage, Tyler
Rissinger, who is 19 months of age.
5. Petitioner is the natural mother of Tyler Rissinger.
6. Respondent is the natural father of Tyler Rissinger.
7. The parties separated on or about November 19, 1994 with
the parties moving to the addresses contained in paragraphs 1 and
2 above.
~.
.
...
8. Since the date of separation until the current time Tyler
has resided primarily with the Petitioner herein, his natural
mother at 4 West Beale Avenue, Apartment 4, Enola, cumberland
County, pennsylvania.
9. There is no other party known to the Petitioner herein
who has standing in this matter.
10. There is no prior order of custody or partial custody in
this matter.
11. From the date of separation and prior thereto, Petitioner
herein was the primary caretaker for the minor child and has been
since separation been the primary caretaker of the child.
12. Petitioner believes and therefor avers that it is in the
best interest to grant primary custody of Tyler unto the Petitioner
for the following reasons:
A. petitioner has been the primary caretaker of the
child since birth;
B. Respondent herein is emotionally unstable having on
November 25, 1994, admitted that he was in an
agitated emotional state and further admitted that
he admitted himself for care into the Holy spirit
Hospital in the mental health section of said
hospital;
C. Respondent spent several days in the Holy Spirit
Mental Health Care.
D. Since Respondent left the Holy Spirit Hospital he
has been unilaterally without notioe and without
consultation with the petitioner herein been
removing the child from day care all of which are
not in the best interest of the child.
2
--
-
MICHELLE M. RISSINGER,
petitioner
IN THE COURT OF COMMON PlEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
v.
CIVIL ACTION - LAW
IN CUSTODY
FRED D. RISSINGER, II,
Respondent
PIITITION TO CONFIRM CUSTODY
NOW, COMES your Petitioner, Michelle M. Rissinger, by her
attorneys, MANCKE, WAGNER, HERSHEY & TULLY, and files the following
Petition to Confirm custody as follows:
1. Your P\!titioner is an adult individual residing at 4 West
Beale Avenue, Apartment 4, Enola, cumberland County, Pennsylvania.
2. The Respondent is an adult individual residing at 400
West High Street, West Fairview, cumberland County, Pennsylvania.
3. Petitioner and Respondent were married June 22, 1991 in
Ickesburg, Pennsylvania.
4. Therl! was one child born unto the marriage, Tyler
Rissinger, who is 19 months of age.
5. Petitioner is the natural mother of Tyler Rissinger.
6. Respondent is the natural father of Tyler Rissinger.
7. The parties separated on or about November 19, 1994 with
the parties moving to the addresses contained in paragraphs 1 and
2 above.
,~
-
8. Since the date of separation until the current time Tyler
has resided primarilY with the Petitioner herein, his natural
mother at 4 West Beale Avenue, Apartment 4, Enola, cumberland
county, Pennsylvania.
9. There is no other party known to the Petitioner herein
who has standing in this matter.
10. There is no prior order of custody or partial custody in
this matter.
11. From the date of separation and prior thereto, Petitioner
herein was the primary caretaker for the minor child and has been
since separation been the primary caretaker of the child.
12. Petitioner believes and therefor avers that it is in the
best interest to grant primary custody of Tyler unto the Petitioner
for the following reasons:
A. Petitioner has been the primary caretaker of the
child since birth;
B. Respondent herein is emotionally unstable having on
November 25, 1994, admitted that he was in an
agitated emotional state and further admitted that
he admitted himself for care into the Holy spirit
Hospital in the mental health section of said
hospital;
c. Respondent spent several days in the Holy Spirit
Mental Health Care.
D. Since Respondent left the Holy spirit Hospital he
has been unilaterally without notice and without
consultation with the Petitioner herein been
removing the child from day care all of which are
not' in the best interest of the child.
2
.
~ .
MJ:CHELLE M. RISSINGER,
Petitioner
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
NO.
CIVIL ACTION - LAW
IN CUSTODY
v.
:
FRED D. RISSINGER, II,
Respondent
PBTITION TO COHrIRH CUSTODY
NOW, COMES your Petitioner, Michelle M. Rissinger, by her
attorneys, HANCKE, WAGNER, HERSHEY & TULLY, and files the following
Petition to contirm custody as fol~.ows:
l. Your Petitioner is an adult individual residing at 4 West
Beale Avenue, Apartment 4, Enola, cumberland county, Pennsylvania.
2. The Respondent is an adult individual residing at 400
West High Street, West Fairview, cumberland county, Pennsylvania.
3. Petitioner and Respondent were married June 22, 1991 in
Ickesburg, pennsylvania.
4. There was one child born unto the marriage, Tyler
Rissinger, who is 19 months of age.
5. Petitioner is the natural mother of Tyler Rissinger.
6. Respondent is the natural tather of Tyler Rissinger.
7. The parties separated on or about November 19, 1994 with
the parties moving to the addresses contained in paragraphs 1 and
2 above.
,
-
8.
since the date of separation until the current time Tyler
has resided primarilY with the Petitioner herein, his natural
mother at 4 West Beale Avenue, Apartment 4, Enola, cumberland
County, pennsylvania.
9. There is no other party known to the Petitioner herein
who has standing in this matter.
10. There is no prior order of custody or partial custody in
this matter.
11. From the date of separation and prior thereto, Petitioner
herein was the primary caretaker for the minor child and has been
since separation been the primary caretaker of the child.
12. Petitioner believes and therefor avers that it is in the
best interest to grant primary custody of Tyler unto the Petitioner
for the following reasons:
A. Petitioner has been the primary caretaker of the
child since birth;
B. Respondent herein is emotionally unstable having on
November 25, 1994, admitted that he was in an
agitated emotional state and further admitted that
he admitted himself for care into the Holy spirit
Hospital in the mental health section of said
hospital;
C. Respondent spent several days in the Holy Spirit
Mental Health Care.
D. Since Respondent left the Holy spirit Hospital he
has been unilaterally without notice and without
consultation with the Petitioner herein been
removing the child from day care all of which are
not" in the best interest of the child.
2
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WI!: DO HIA!.'" CII!AfI'V THAT
THI WITHIN III A TAUI! AHD COA.
AICT COPY 0' THe: OAIQINAL
fIlED IN THl8 AC1lON
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MANCKE. WAGNER, HERSHEY & TULLY
A TTOAHEY
,
.
child from daycare and did not advise the mother, nor indicate to
the mother where he was with the child.
After discussions between counsel, with counsel for the father
not willing to disclose the whereabouts of the child, counsel for
mother indicated that an emergency petition would be filed because
of father's position.
Counsel for the father was expressly advised that a petition
would be filed wi th the Court in telephone communications with
counse L .
An ex parte order was filed and custody was returned to the
mother.
In the interim time period, the parties have worked out an
arrangement for purposes of temporary custody and the matter is now
before the Court for consideration.
Evidence will reveal that, at best, there is a significant
question of the father's responsibility and stability, both
emotionally and physically. His work history reveals in a very
short period of time he has worked at many different jobs and that
his emotional instability was the subject of his placement in the
Holy Spirit Mental Health/Mental Retardation Center.
The mother believes that the best interests of the child are
served by maintaining primary custody in her with partial custody
in the father.
.
II. LIST OF WITNESSES
A. Holly Vogelsong, 40 Biehl Avenue, Apt. 4, Enola - WaB
present during the attempted suicide by father and will
also testify to the interaction between mother and child.
B. Sharon Willow, 824 Erford Road, Camp Hill - Mother of the
petitioner (grandmother of the child I who will testify to
the interaction between mother and child.
C. Pete Delerme, 1000 Nationwide Drive - Supervisor at
Nationwide and will testify to the schedule of the mother
and her responsibility at work.
D. Barry Urich, 610 High Street, West Fairview - Witness to
suicide attempt of the father and the interaction between
mother and child.
E. Hr. and Mrs. Harry Ewing, Bungalow Road, Enola - Daycare
persons who provide daycare for child.
F. Dr. Stanley Schneider. Camp Hill, PA - Conducted an
evaluation and will testify ae to the psrenting
capabil i ty of mother and the appropriateness of her
response to her son.
III. fBOPOSAL FOR RESOLUT1QM
The parties shall share joint legal custody of Tyler, with
primary phys ical custody placed in mother, subject to partial
custody in father.
LAW OI'I"ICI.
SNELBAKER
.
BRENNEMAN
FRED D. RISSINGER, II,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 94-7017 CIVIL TERM
MICHELLE M. RISSINGER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
PRE-HEARING MEMORANDUM
AND NOW, comes Fred D. Rissinger, II, Plaintiff in the above
captioned action, by and through his attorneys, Snelbaker &
Brenneman, P. C. and files this Memorandum pursuant to the
January 25, 1995 Order of Court.
As a preliminary matter, it is noted that there are two
pending custody actions involving identical parties. Fred D.
Rissinger, II filed a Complaint For custody of Minor Child on
December 15, 1994 which is docketed to No. 94-7017 civil Term.
Michelle M. Rissinger initiated a second custody action by filing
a Petition to Confirm custody on December 16, 1994 which is
docketed at No. 94-7057 civil Term. The custody Conference
Summary Report and subsequent Order of Court dated January 25,
1995 erroneously list the caption as Fred D. Rissinger, II v.
Michelle M. Rissinger docketed at 94-7057 civil Term, when the
correct term should have been 94-7017. It is Fred D. Rissinger,
II's position that the two actions should be formally
consolidated to avoid further confusion.
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