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HomeMy WebLinkAbout99-05203At u t v 4 r, ;s ?;n MISTY DANNIELLE AKINS IN THE COURTOPCOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. TIMMY JAMES FREDERICK 99-5203 CIVIL ACTION LAW DEPENDANT IN CUSTODY AND NOW, this 12TH day of JULY , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street Mechanicsburg PA 17055 on the 7TH day ofEPTEMBE , 2000, at 9:30 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 grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ Dawn S Sunday 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 13 -eO 7 /3 oD C d frr 4W - '7-/3 •OD ?,(, ?-v MISTY DANNIELLE AKINS, Petitioner V. TIMMY JAMES FREDERICK, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5203 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of 2000, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at _ . on the day of 2000 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. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: Custody Conciliator 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249.3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 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 scheduling conference or hearing. MISTY DANNIELLE AKINS, Petitioner V. TIMMY JAMES FREDERICK, Respondent CIVIL ACTION - LAW 99-5203 CIVIL TERM IN CUSTODY PETITION FOR CUSTODY AND NOW, this 6th day of July 2000, comes the Petitioner, Misty Dannielle Akins, by his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. 1. The petitioner is Misty Dannielle Akins, an adult individual residing at 7 Middle Acres, Newville, Cumberland County, Pennsylvania 17013. 2. The respondent is Timmy James Frederick, an adult individual residing in 63 Mountain View Terrace, Newville, Pennsylvania 17241. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 3. The parties are the natural parents of one minor child, narnely, Cody Russell Frederick, born April 10, 1994, age 6 years. 5. Petitioner desires primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. 6. The best interest of the child requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. By: Respectfully submitted, IRWIN, McKNIGHT & HUGHES Marcds A. McK ir4,,III-Esquire- Attorney for Petitioner, Misty Dannielle Akins 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 25476 Date: July 6, 2000 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. 1 have head the statements made in this document and they are true and correct to the best of my knowledge, 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. I ST'S' DANNIELLE AKINS Date: July 6 2000 ?- rJ1 ?- - 1'J v) I C!) 't] lip (-f ;,i C_) 6i r ?1 y ??? ? ? A `: 1 1 f? ri 1? II ?f ? l D1 1 Lf + 1. x y t Y r '. 4 P l F¢ 1. I. t A Cy ?y ?! t t 1 F) r { ??' ?' ?'f'?M1t?tf f t' q 1 I i1t75 { ,} ?`"? h yu? y W r ? pp? ? r Y ?a !t??S'4ur?' ? Fe? e ?1r 1{ ? i ( : f p r ?L?4f"Y" ?? ?1 jars +a riF 0n t '.V 41 g 1, r, ' 41 nkr W} r `.r i4? ?r ? rr?r"?? el?'k t?ftl?tl ?z k tS !? t? tpAq. ., if Ip ? 6 hy`l a• +?'`S'L?h t t ?a 1 + P7,, ! het fY??i, 1 ???'`?1??y,}?ti( flgf c l f 1 1 ?} t l I} +?} ? 1 l .? a F t Gr r?l?ilk tl?? \1k '?i?"?e ?y I } , 4 1 ? I; t r4 w ? ? 1<n ? rs ?rt 1?4I41a? " P , A ? Y? ^ e 1 nr 'r l r 11 ?t?i e 1 A ?? 1 +: +/ r Jtri1# ' Y w a Tx F i lT 1 i, MISTY DANIELLE AKINS, PETITIONER, Vs. TIMMY JAMES FREDERICK, RESPONDENT, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99-5203 IN CUSTODY ORDER OF COURT AND NOW, this 19th day of December, 1999, the Conciliator, being advised by Petitioner's counsel that proper venue of this custody matter has been determined to be in Indiana County, hereby relinquishes jurisdiction in this case. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ?,., r i ,:::: ?- ll. i:' ' - L.. ( .. i^ ? `? ? __. ? L ?, i' MISTY DANNIELLE AKINS, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99- 5,)Q3 CIVIL TERM TIMMY JAMES FREDERICK, Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of, 1999, upon consideration of the attached petition, it is her by directed that the parties and their respective counsel a pear beforel'jnL.-17 ?.,` Esquire, the conciliator, at ° , on the S day of QCi- , 1999 at Lo.) M. for a Pre-Hearing Cust dy 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 this conference may provide grounds for entry of a temporary or permanent order. By the Court, Custody Conciliator CJ l1 (-Vb) 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 'J^h ii l; i1. `'," ?1, ??c?,i?u'r?;•?;;?? ? i ? d-?9 Yh?GC.e iua?s AMERICANS WITH DISABILITIES ACT OF 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 scheduling conference or hearing. Mtsrv DANNIELLE AKINS, Petitioner V. TIMMY JAMES FREDERICK, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99_6'?203CIVIL TERM IN CUSTODY PETITION FOR CUSTODY AND NOW, thisagtday of August 1999, comes the Petitioner, Misty Dannielle Akins, by his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. I. The petitioner is Misty Dannielle Akins, an adult individual residing at 63 Mountain View Terrace, Newville, Cumberland County, Pennsylvania 17013. 2. The respondent is Timmy James Frederick, an adult individual residing in P. O. Box 57, Strongstown, Indiana County, Pennsylvania 15957. 3. The parties are the natural parents of one minor child, namely, Cody Russell Frederick, born April 10, 1994, age 5 years. 5. Petitioner desires primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. 6. The best interest of the child requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. Respectfully submitted, IRWIN, McjYaNIGHT & HUGHES By: Date: August ` 1999 Marp6s A. cK light, II, Esquire Attorney foi Petitioner, Misty Da 'elle Akins 60 West Pomfret Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court 1. D. No. 25476 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, 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. MI DANNIELLE AKINS Date: tr 1999 1 •. ,rr L ?r:. -.... ? l . O? y9 14 O t Vl U O d? ?vN?x U k.: Q H e pU W 0 H ?Ny a LAW OFFICES /////J/f.l ¦ p$ N ? W N ? N < ? O c° 3 y HN 5 o a ?t\ ' H a Cx \\`.1T O ?. ? ILL .' r °u 'H U Z Y. AUG 2 6 MISTY DANNIELLE AKINS, . IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-5203 CIVIL TERM TIMMY JAMES FREDERICK, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW this 1'3' day of aft lnr , 2000, upon consideration of the attached Custody Conchl ation Report, it is ordered and directed as follows: 1. The Mother, Misty Dannielle Akins, and the Father, Timmy James Frederick, shall have shared legal custody of Cody Russell Frederick, born April 10, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The parties shall have physical custody of the Child in accordance with the following biweekly schedule: WEEK I: The Father shall have custody of the Child from Monday morning before school through Friday after school and the Mother shall have custody from Friday after school through the following Monday before school. WEEK II: The Father shall have custody of the Child from Monday morning before school through Thursday after school and the Mother shall have custody from Thursday after school through the following Monday morning before school. The biweekly schedule shall begin in WEEK I with the Mother receiving custody of the Child after school on Friday, September 8, 2000. 3. The parties shall share or alternate having custody of the Gild on holidays as follows: A. CHRLS7 4S: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 9:00 a.m. through Christmas Day at 1:00 p.m., and Segment B, which shall run from Christmas Day at 1:00 p.m. through December 26 at 9:00 p.m. The mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. NEW YEARS: In every year, the Father shall have custody of the child from New Years Eve at 9:00 a.m. until New Years Day at 1:00 p.m. and the Mother shall have custody from New Years Day at 1:00 p.m. through January 2, at 9:00 p.m. C. TBANRSGIVIW: In every year, the Mother shall have custody of the Child from the Wednesday before Thanksgiving at 9:00 a.m. through Thanksgiving Day at 1:00 p.m. and the Father shall have custody from Thanksgiving Day at 1:00 p.m. through Friday after Thanksgiving at 9:00 p.m. D. EASTER/JULY 4th The Mother shall have custody of the Child every year on Easter and July 4th with the specific times to be arranged by agreement of the parties. E. MEMGRLAL DAY/LABOR DAY: The Father shall have custody of the Child every year on Memorial Day and Labor Day with the specific times to be arranged by agreement of the parties. F. !MOl'BER'S DAY/FATBER'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day with the specific times to be arranged by agreement of the parties. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have custody of the Child during the summer each year for 2 consecutive on non-consecutive weeks. Each party shall notify the other of his or her selection of vacation dates by the end of March each year for the following summer. The party providing notice first shall be entitled to preference in his or her selection of vacation dates. 5. Both parties shall have liberal and reasonable telephone contact with the Child. 6. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party along with an address and telephone number where the Child can be contacted. 7. Neither party may relocate the residence of the Child outside Cumberland County without a Court order or prior written agreement of the parties. 8. The parties agree that jurisdiction over the custody issues shall remain in Cumberland County. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall take all reasonable steps to ensure that third parties having contact with the Child comply with this provision. 10. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE COURT, cc: Marcus A. McKnight, III, Esquire - Counsel for Mother 9,i3-vo Thomas S. Diehl, Esquire - Counsel for Father 0 MISTY DANNIELLE AKINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99-5203 CIVIL TERM TIMMY JAMES FREDERICK, CIVIL ACTION - LAW Defendant 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSIWY OR? Cody Russell Frederick April 10 1994 Father 2. A Conciliation Conference was held on September 7, 2000, with the following individuals in attendance: The Mother, Misty Dannielle Akins, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Timmy James Frederick, with his counsel, Thomas S. Diehl, Esquire. 3. The parties agreed to entry of an order in the form as attached. ?Lbvnh,ln ? rb6c? ?????c.wr?--??tvr D?p?, Date Dawn S. Sunday, Esqui Custody Conciliator 44 ?y A ti Ul 4J Fio 4 L , 1 2 C our ~H 1C i1 i'2 at ou8Fry8j w 0 ,]y4 .a > ? 8?, tats ;,?_ /?y I-a 1?1 N 71 Qr. L C) zH pp ?i VD H 5EP I 1 7000 rrr. ? ?x MISTY DANNIELLE AKINS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TIMMY JAMES FREDERICK, 94-5203 CIVIL TERM Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this 8 * day of February 2001, upon consideration of the attached Petition for Emergency Relief, it is hereby Ordered as follows: The defendant/respondent, Timmy James Frederick, immediately return the minor child, Cody R. Frederick, to the custody of plaintiff/petitioner, Misty D. Akins, until further Order of Court. cc: Marcus A. McKnight, III, Esq. Attorney For Petitioner Thomas S. Diehl, Esq. Attorney for Respondent By the Court: Kevi A. Hess, Judge s :.r? r? r. c• cup'. MISTY DANNIELLE AKINS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99-5203 CIVIL TERM TIMMY JAMES FREDERICK, Defendant/Respondent IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, this 6th day of February 2001, comes the Plaintiff/Petitioner, Misty Dannielle Akins, by her attorneys, Irwin, McKnight & Hughes, and makes the following Petition for Emergency Relief against the Defendant/Respondent, Timmy James Frederick. The petitioner is Misty Danielle Akins, an adult individual who resides at 7 Middle Acres, Newville, Cumberland County, Pennsylvania 17241. The respondent is Timmy James Frederick, an adult individual who resides at 63 Mountain View Terrace, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of one minor child, namely Cody Russell Frederick, bom April 10, 1994, age six (6) years. 2 4. On February 5, 2001, the respondent contacted the petitioner and informed her that he was moving to Indiana County. He requested permission to take the child out of school at the Newville Elementary School. The petitioner refused and requested that said child remain in school on Tuesday, February 6, 2001. 5. Without her knowledge or consent the respondent removed Cody from Cumberland County and the child did not attend school on Tuesday, February 6, 2001 6. Petitioner has reason to believe that respondent has taken the child to Indiana County, Pennsylvania, where respondent's mother resides. Petitioner believes that respondent is in the process of moving to Indiana County, Pennsylvania. 7. Respondent is in violation of the Order of Court dated September 13, 2000, a copy is hereby attached and marked as Exhibit "A". He specifically has violated paragraph six (6) and seven (7) of the Order by removing the child from Cumberland County. WHEREFORE, petitioner respectfully requests that this Honorable Court enter an Order against the respondent, Timmy Lee Frederick, requiring him to immediately return the child to the petitioner until further Order of Court. Respectfully submitted, IRWIN, McANIGHT ¢l HUGHES U By: zT 60 st Pomfret Street arlisle, Pennsylvania 17013-3: 717-249-2353 Date: February 6, 2001 0: 25476 EXHIBIT A MISTY DANNIELLE AKINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-5203 CIVIL TERM TIMMY JAMES FREDERICK, CIVIL ACTION - LAW Defendant IN CUSTODY CttDER CF =W AND NOW, this /3 ILl- day of , 2000, upon consideration of the attached-0 stody Co ciliation Report, it is ordered and directed as follows: 1. The Mother, Misty Danielle Akins, and the Father, Timmy James Frederick, shall have shared legal custody of Cody Russell Frederick, born April 10, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The parties shall have physical custody of the Child in accordance with the following biweekly schedule: WEER I: The Father shall have custody of the Child from Monday morning before school through Friday after school and the Mother shall have custody from Friday after school through the following Monday before school. WEEK II: The Father shall have custody of the Child from Monday morning before school through Thursday after school and the Mother shall have custody from Thursday after school through the following Monday morning before school. The biweekly schedule shall begin in WEEK I with the Mother receiving custody of the Child after school on Friday, September 8, 2000. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 9:00 a.m. through Christmas Day at 1:00 p.m., and Segment B, which shall run from Christmas Day at 1:00 p.m. through December 26 at 9:00 p.m. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B- NEW YEARS: In every year, the Father shall have custody of the Child from New Years Eve at 9:00 a.m. until New Years Day at 1:00 p.m. and the Mother shall have custody from New Years Day at 1:00 p.m. through January 2, at 9:00 p.m. C. THANKSGIVING: In every year, the Mother shall have custody of the Child from the Wednesday before Thanksgiving at 9:00 a.m. through Thanksgiving Day at 1:00 p.m. and the Father shall have custody from Thanksgiving Day at 1:00 p.m. through Friday after Thanksgiving at 9:00 p.m. D. EASTER/JULY 4th The Mother shall have custody of the Child every year on Easter and July 4th with the specific times to be arranged by agreement of the parties. E. MEMORIAL-28!/LABOR DAY: The Father shall have custody of the Child every year on Memorial Day and Labor Day with the specific times to be arranged by agreement of the parties. F- MOTHER'S DAY/FATH[R?S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day with the specific times to be arranged by agreement of the parties. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have custody of the Child during the summer each year for 2 consecutive on non-consecutive weeks. Each party shall notify the other of his or her selection of vacation dates by the end of March each year for the following summer. The party providing notice first shall be entitled to preference in his or her selection of vacation dates. 5. Both parties shall have liberal and reasonable telephone contact with the Child. 6. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party along with an address and telephone number where the Child can be contacted. 7. Neither party may relocate the residence of the Child outside Cumberland County without a Court Order or prior written agreement of the parties. 8. The parties agree that jurisdiction over the custody issues shall remain in Cumberland County. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall take all reasonable steps to ensure that third parties having contact with the Child comply with this provision. 10. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE ODURT, cc: Marcus A. McKnight, III, Esquire - Counsel for Mother Thomas S. Diehl, Esquire - Counsel for Father F+ N: T COPY mom r In T'.3i1!iii ^,v ii:bYri, { L.;•P ; a li , ilf;i7 L^$ $iiiil G C:i",i ibG ,•e. ?• ,. h, ;?, Prothonotary MISTY DANNIELLE AKINS, . IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-5203 CIVIL TERM TIMMY JAMES FREDERICK, CIVIL ACTION - LAW Defendant IN CUSTODY CLTSTCDY CONCILIATICN SUMMARY REPORT IN ACCORDANCE WITS CUMBERLAND COUNTY RULE OF C1YIL PROCURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody Russell Frederick April 10 1994 Father 2. A Conciliation Conference was held on September 7, 2000, with the following individuals in attendance: The Mother, Misty Dannielle Akins, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Timmy James Frederick, with his counsel, Thomas S. Diehl, Esquire. 3. The parties agreed to entry of an order in the form as attached. ? doet) Date Dawn S. Sunday, Esquire Custody Conciliator VERIFICATION The foregoing Petition for Emergency Relief 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 true and correct to the best of my knowledge, 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 unworn falsification to authorities. Y DANNIELLE AKINS Date: February 6, 2001 ivuni Y LANNIELLE AKINS, Plaintiff/Petitioner V. TIMMY JAMES FREDERICK, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5203 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition for Emergency Relief 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 the date referenced below and addressed as follows: Thomas S. Diehl, Esq. One West High St. Ste 208 P. O. Box 1290 Carlisle, PA 17013 IRWIN, McKNIGHT & HUGHES L By: 60 Wesf Pomfret Stredt? Carlisle, PA 17013 (717) 249.2353 Supreme Court I.D. No. 25476 Date: February 6, 2001 Y c. , ?.y 1 ? .? ` e ?? 'l ? ?? f. ? ? .l? LL. _ ,_? u .... .. . ?. `ate.. 1 1 - 1 Fx .P KI yp, wan {, :.f - i s i1 r.'1 ` s r ? 1y^ C? w` T. ? f rY"`Y f?"n si ? ? F r+, a NN?6l6 q`T ?? ^f4 ffrY .M »r t f '3 P".n Vlt' Two P= ? y !s?",`XF AXE M 10 r3, 1.. t i y pC4 ? rr u( 44c?pi i W .e 1PG v ppr? a +'?14?' 'SC ,^" ?.jL t i4 lT .?? s Y Yh J ?I2 4 Ll MISTY DANNIELLE AKINS IN "I IiE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND000NTY, PENNSYLVANIA V. TIMMY JAMES FREDERICK 99-5203 CIVIL AC'T'ION LAW DEFENDANT IN CL ISTODY AND NOW, this 14th day of February , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq._, the conciliat at 39 West Main Street, Mechanicsburg, PA 17055 on the 28th day of February , 2001, at 3:00 P.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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry o£a temporary or permanent order. FOR THE COURT, 13y: At Dawn ?- ? 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 ATfORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE. GO '1'O OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL. HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 "Telephone (717) 249-3166 1 ' Li 1 d •/s v/ ?Jo?cP _ ?Na?? -FR 0 8 ?nn MISTY DANNIELLE AKINS, Petitioner V. : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5203 CIVIL TERM TIMMY JAMES FREDERICK, Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of 2001, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at . on the day of , 2001 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. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: Custody Conciliator 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 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 scheduling conference or hearing. ivIIIb I Y VANNIELLE AKINS, Petitioner V. IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5203 CIVIL TERM TIMMY JAMES FREDERICK, Respondent IN CUSTODY PETITION FOR CUSTODY AND NOW, this 5th day of February 2001, comes the Petitioner, Misty Dannielle Akins, by her attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. The Petitioner is Misty Dannielle Akins, an adult individual residing at 7 Middle Acres, Newville, Cumberland County, Pennsylvania 17241. 2. The respondent is Timmy James Frederick, an adult individual residing in 63 Mountain View Terrace, Newville, Pennsylvania 17241. 3. The parties are the natural parents of one minor child, namely, Cody Russell Frederick, bom April 10, 1994, age 6 years. 4. Petitioner desires primary physical custody of the child and joint legal custody with periods of visitation to Respondent as can be mutually arranged between the parties. 5. The best interest of the child requires that the court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Attorney for Petitione Misty Dannielle Akr 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 25476 Date:February 5, 2001 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, 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. ISTY DANNIELLE AKINS Date: February 5, 2001 Fr '' N a t 5 .?Aaq Jr n t? Y N' n AJl a y S Y fy t yy YX fit: sR ` r, y7 Y? r b a' $• W s Y ? d ;. s Q Q rr ^s ? M R t? ai ?C ? t 41 s l 't fi t` y y y ? laSlr ' t P _ --.? { E L t LAW OFFICES MISTY DANNIELLE AKINS, : IN THE OCURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 99-5203 CIVIL TERM TIMMY JAMES FREDERICK, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this -?, day of , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 13, 2000, is vacated and replaced with this order. 2. The Mother, Misty Dannielle Akins, and the Father, Timmy James Frederick, shall have shared legal custody of Cody Russell Frederick, born April 10, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. The parties shall have physical custody of the child in accordance with the following schedule: A. SCBOOL YEAR: During the school year, the Mother shall have primary physical custody of the Child. The Father shall have custody on alternating weekends, beginning March 2, 2001, from Friday at 6:00 p.m. through Sunday at 7:00 p.m. When the Child does not have school on a Monday following the Father's regular weekend period of custody, the Father shall retain custody of the Child through Monday at 7:00 p.m. The Father may also have custody of the Child on any other day off under the school calendar upon providing at least 24 hours advance notice to the Mother. On all days off school which do not fall on a Monday immediately following the Father's regular weekend period of custody on which the Father intends to exercise his right to custody, the Father shall pick up and return the Child to the Mother's residence and shall exercise his period of custody in the local area. SUMMER: During the summer school break each year, the Father shall have custody of the Child for 2 uninterrupted weeks beginning on the first Friday after termination of the school year, the mother shall have custody for the next 2 weeks, the cn? r?' Q J Uf ?`_ r b Father shall have custody for the next 2 weeks, the Mother shall have custody for the next 1 week, the Father shall have custody for the next 2 weeks, the Mother shall have custody for the next 1 week and the Father shall have custody for the final 1 full week period prior to the beginning of the next school year. The Mother shall have custody of the Child over the last weekend before the beginning of school. The school year alternating weekend schedule shall begin with the Father having custody of the Child on the first weekend after the beginning of the school year. C. The parties shall arrange the summer custody schedule so that all exchanges of custody take place on Friday at 6:00 p.m., with the exception of the exchange on Sunday, July 22, which shall take place at 7:00 p.m. The parties agree that the Father shall have custody of the Child each summer for the two-week family camping trip which usually occurs in mid-July and shall make adjustments to the schedule as necessary to accommodate this annual event. D. The specific dates for exchanges of custody during the summer 2001 are as follows: Father - June 8 through June 22 Mother - June 22 through July 6 Father - July 6 through July 22 Mother - July 22 through July 27 Father - July 27 through August 10 Mother - August 10 through August 17 Father - August 17 through August 24 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRTSB4°G: In odd numbered years, the Mother shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day at 3:00 p.m. and the Father shall have custody from Christmas Day at 3:00 p.m. through December 31 at 7:00 p.m. In even numbered years, the Father shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day at 3:00 p.m., the Mother shall have custody from Christmas Day at 3:00 p.m. through December 27 at 7:00 p.m. and the Father shall have custody from December 27 at 7:00 p.m. through January 1st at 7:00 p.m. 8. THANKSGIVING: In every year, the mother shall have custody of the Child on Thanksgiving Day until 3:00 p.m. and the Father shall have custody from Thanksgiving Day at 3:00 p.m. through the following Monday at 7:00 p.m. C. SPRING BREAVEASM: The Father shall have custody of the Child every year over the Spring break from the last day of school at 6:00 p.m. through the day before school resumes at 7:00 p.m. If Easter falls during the school Spring break, the Father shall have custody of the Child on Easter. If Easter does not fall during the Spring break, the party who otherwise has custody under the alternating weekend schedule on Easter shall have custody of the Child on the holiday. D. MEWXUAL DAY/LABOR DAY: The Mother shall have custody of the Child every year on Memorial Day beginning on the Sunday before Memorial Day at 7:00 p.m., if it is the Father's regular weekend period of custody. The Father shall have custody of the Child every year on Labor Day until 7:00 p.m., which period shall run continuously with the Father's regular weekend period of custody on the first weekend after school resumes. E. MO'1'B 'S D"/FATBER'S DAY: The Mother shall have custody of the Child on Mother's Day beginning at 9:00 a.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 7:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule set forth in provision 3A of this order. 5. unless otherwise stated in this order or agreed upon by the parties, all exchanges of custody shall take place at Exit 13, Ft. Littleton, on the PA Turnpike. 6. Both parties shall have liberal and reasonable telephone contact with the Child. 7. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party along with an address and telephone number where the Child can be contacted. 8. Neither party may relocate the residence of the Child outside Cumberland County without a Court Order or prior written agreement of the parties. 9. The parties agree that jurisdiction over the custody issues shall remain in Cumberland County. 10. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this order shall control. cc: Marcus A. McKnight, III, Esquire - Counsel for Mother Thomas S. Diehl, Esquire - Counsel for Father BY THE COURT, MISTY DANNIELLE AKINS, Plaintiff Vs. TIMMY JAMES FREDERICK, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5203 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CLGI DY CONCILIATION SUNMRY REPORT IN ACCORDANCE WITH CUMBERLA= COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The Pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIM CURRENTLY IN C13S9ODy OF Cody Russell Frederick April 10, 1994 Father/Mother 2. A Conciliation conference was held on February 28, 2001, with the following individuals in attendance: the Mother, Misty Danielle Akins, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Timmy James Frederick, with his counsel, Thomas S. Diehl, Esquire. 3. The parties agreed to entry of an Order in the form as attached. /, It for/ fh 1 wr2? Date Dawn S. Sun ay, Esquire Custody Conciliator u ? +q; ? p, j 3 44 C "W"? N g O ?? ZZ ??yy rr ? l' Z b N HH c°g p,N N U $$ ? UW N W iaai? ? a ? NG W U ? " ? u ? F 5 [ O n7 9 'w? o , p a4 Ln a ww c E d MC N V D N d S H MR MISTY DANNIELLE AKINS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-5203 CIVIL ACTION LAW TIMMY JAMES FREDERICK DEFENDANT IN CUSTODY AND NOW, Thursday March 07 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street Mechanicsbur PA 17055 on Tuesday, April 02, 2002 at 1:00 PM 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 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/ Dawn M 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 7;;LEPHONE 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 1 li L??I` -„ 11:1 ?J• :t A MISTY DANNIELLE AKINS, IN THE COURT OF COMMON PLEAS OF Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99-5203 CIVIL TERM TIMMY JAMES FREDERICK, Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of , 2002, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at , on the day of 2002 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. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: Custody Conciliator 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1.800-990-9108 AMERICANS WITH DISABILITIES ACT OF 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 scheduling conference or hearing. MISTY DANNIELLE AKINS, IN THE COURT OF COMMON PLEAS OF Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99-5203 CIVIL TERM TIMMY JAMES FREDERICK, Respondent IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, this 25th day of February 2002, comes the Petitioner, Misty Dannielle Akins, by her attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Modification of Custody. The Petitioner is Misty Dannielle Akins, an adult individual residing at 7 Middle Acres, Newville, Cumberland County, Pennsylvania 17241. 2. The respondent is Timmy James Frederick, an adult individual residing in Box 1, Strongstown, Pennsylvania 15957. 3. The parties are the natural parents of one minor child, namely, Cody Russell Frederick, born April 10, 1994, age 7 years. 4. Petitioner desires modification to the primary physical custody of the child in order to address certain problems with periods of visitation to Respondent. A copy of the existing Order of Court is attached hereto and marked as Exhibit "A". 5. The best interest of the child requires that the court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. Respectfully submitted, IRWIN, By: Marcus A. McKni II u Attorney for Petitioner, Misty Dannielle Akins 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 25476 Date: February 25, 2002 EXHIBIT A MISTY DANNIELLE AKINS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 99-5203 CIVIL TERM TIMMY JAMES FREDERICK, Defendant = CIVIL ACTION - LAW . IN CUSTODY ORDER COURT AND NOW, this TL` i day of 1 , consideration of the attached Custody Conc ' is o upon and directed as follows: iliation Report, it' ordered 1. The prior order of this court dated September 13, 2000, is vacated and replaced with this Order. 2. The Mother, Misty Dannielle Akins, and the Father, Timmy James Frederick, shall have shared legal custody of Cody Russell Frederick, born April 10, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. SCHOOL YEAR: During the school year, the mother shall have Primary physical custody of the Child. The Father shall have custody on alternating weekends, beginning March 2, 2001, from Friday at 6:00 p.m. through Sunday at 7:00 p.m. When the Child does not have school on a Monday following the Father's regular weekend period of custody, the Father shall retain custody of the Child through Monday at 7:00 p.m. The Father may also have custody of the Child on any other day off under the school calendar upon providing at least 24 hours advance notice to the Mother. on all days off school which do not fall on a Monday immediately following the Father's regular weekend period of custody on which the Father intends to exercise his right to custody, the Father shall pick up and return the child to the Mother's residence and shall exercise his period of custody in the local area. e. S[1+1": During the summer school break each year, the Father shall have custody of the Child for 2 uninterrupted weeks beginning on the first Friday after termination of the school year, the Mother shall have custody for the next 2 weeks, the Father shall have custody for the next 2 weeks, the Mother shall have custody for the next 1 week, the Father shall have custody for the next 2 weeks, the Mother shall have custody for the next 1 week and the Father shall have custody for the final 1 full week period prior to the beginning of the next school year. The Mother shall have custody of the Child over the last weekend before the beginning of school. The school year alternating weekend schedule shall begin with the Father having custody of the Child on the first weekend after the beginning of the school year. C. The parties shall arrange the summer custody schedule so that all exchanges of custody take place on Friday at 6:00 p.m., with the exception of the exchange on Sunday, July 22, which shall take place at 7:00 p.m. The parties agree that the Father shall have custody of the Child each summer for the two-week family camping trip which usually occurs in mid-July and shall make adjustments to the schedule as necessary to accommodate this annual event. D. The specific dates for exchanges of custody during the summer 2001 are as follows: Father - June 8 through June 22 Mother - June 22 through July 6 Father - July 6 through July 22 Mother - July 22 through July 27 Father - July 27 through August 10 Mother - August 10 through August 17 Father - August 17 through August 24 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In odd numbered years, the Mother shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day at 3:00 p.m. and the Father shall have custody from Christmas Day at 3:00 p.m. through December 31 at 7:00 p.m. In even numbered years, the Father shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day at 3:00 p.m., the Mother shall have custody from Christmas Day at 3:00 p.m. through December 27 at 7:00 p.m. and the Father shall have custody from December 27 at 7:00 p.m. through January 1st at 7:00 p.m. B. THANKSGIVING: In every year, the Mother shall have custody of the Child on Thanksgiving Day until 3:00 p.m. and the Father shall have custody from Thanksgiving Day at 3:00 p.m. through the following Monday at 7:00 p.m. C. SPRING BREAR/EASrM: The Father shall have custody of the Child every year over the Spring break from the last day of school at 6:00 p.m. through the day before school resumes at 7:00 p.m. If Easter falls during the school Spring break, the Father shall have custody of the Child on Easter. If Easter does not fall during the Spring break, the party who otherwise has custody under the alternating weekend schedule on Easter shall have custody of the Child on the holiday. D. Dffi70RIAL DAY/LABOR DAY: The Mother shall have custody of the Child every year on Memorial Day beginning on the Sunday before Memorial Day at 7:00 p.m., if it is the Father's regular weekend period of custody. The Father shall have custody of the Child every year on Labor Day until 7:00 p.m., which period shall run continuously with the Father's regular weekend period of custody on the first weekend after school resumes. E. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child on Mother's Day beginning at 9:00 a.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 7:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule set forth in provision 3A of this order. 5. Unless otherwise stated in this Order or agreed upon by the parties, all exchanges of custody shall take place at Exit 13, Ft. Littleton, on the PA Turnpike. 6. Both parties shall have liberal and reasonable telephone contact with the Child. 7. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party along with an address and telephone number where the Child can be contacted. 8. Neither party may relocate the residence of the child outside Cumberland County without a Court order or prior written agreement of the parties. 9. The parties agree that jurisdiction over the custody issues shall remain in Cumberland County. 10. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 11. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Ke 'n A. ess, J. cc: Marcus A. McKnight, III, Esquire - Counsel for Mother Thomas S. Diehl, Esquire - Counsel for Father .. ;hand 1.. Pr 1hono?ary MISTY DANNIELLE AKINS, Plaintiff VS. TIMMY JAMES FREDERICK, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5203 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATIC14 SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody Russell Frederick April 10, 1994 Father/Mother 2. A Conciliation Conference was held on February 28, 2001, with the following individuals in attendance: the Mother, Misty Danielle Akins, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Timmy James Frederick, with his counsel, Thomas S. Diehl, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date 7 Dawn S. Sunday, Esquire Custody Conciliator VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, 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. Date: February 25, 2002 -r s A --\J. ( ? i `' - CJ two [r6' r 1 Nil c ?s < F ? 1 ? ?yl lJ1? ,i. gyp l } 6 4 tit ?)tr St bYr , ti.:) :' r+N «. aa& t 7 i y?iy? v 1? 1 i Suti p H; $ p? H r r ??tt Ir 16, a; o ?, ?FW1W?tt r )N 5 H .? V) p ] ir'0.l pLL. yy C7 MO}`i ZO r L Plrr+. lx ? .r ?F.1 `O .. h q f thS ,r t?H W H t??l'a4 ° 1 Y m `H N ~ R i'r'7 pll? N qq Y ?? I (] 1 ? I YrY/ ?t A'fl' :4 +{?T4C,(y{ YD'S 1 t'tr !` Si ?l ?iLl n,+ F van ?a 1' is r mot- ?. ,,.,, a nrra ' zouc :? MISTY DANNIELLE AKINS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 99-5203 CIVIL ACTION LAW TIMMY JAMES FREDERICK, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 60r day of Awn , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated March 8, 2000 shall continue in effect as modified by this Order. 2. During the school year, the Father's alternating weekend periods of custody shall run from Friday at 4:30 p.m. through Sunday at 6:00 p.m. 3. The Father shall pick up the Child at the Mother's residence at the beginning of his weekend periods of custody during the school year unless exigent circumstances, such as bad weather make it necessary to exchange custody at the Bedford exit on the Pennsylvania Turnpike, which is the half way point between the parties' residences. All other exchanges of custody during the school year shall take place at the Ft. Littleton exit on the Pennsylvania Turnpike. All exchanges of custody during the summer school break shail take place at the Bedford exit on the Turnpike. 4. The Father agrees to ensure that the Child attends his Spring soccer games on Saturday during the Father's weekend periods of custody. In the event that the Father is unable, due to an emergency or other unavoidable circumstances, to transport the Child to the soccer game, the Mother shall retain custody of the Child for the weekend and the parties shall cooperate in scheduling a full make-up period of weekend custody for the Father immediately following the end of the Spring soccer season. 5. The Father's final period of custody during the summer school break shall terminate one full week before the first day of school each year. 1.. r ,'J ,'i .,` n. ?iU .?-.• , 1 ? ??' i?' ' i,? l t ,J t _ v'` ? r. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 7Kevi ' Hess, ce: arcus A. McKnight, III, Esquire - Counsel for Mother Immy James Frederick, Father Oy-ll-G'2 5 MISTY DANNIELLE AKINS, Plaintiff VS. TIMMY JAMES FREDERICK, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5203 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody Russell Frederick April 10, 1994 Mother 2. A Conciliation Conference was held on April 2, 2002, with the following individuals in attendance: The Mother, Misty Dannielle Akins, with her counsel, Marcus A. McKnight, III, Esquire, and the Father, Timmy James Frederick, who is no longer represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date ' Dawn S. Sunday, Esquire Custody Conciliator ON 3 ] y z2Z O ~ 4-4 44 V1 JJ zz O H El V k, m o o m u .? C OW??O H C U C HO . Rvi6 OU? a 8>+ ? da H w N a HH I? U N q n V1 H rA ?i C/) M U E H APR u a zuUZ