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HomeMy WebLinkAbout07-2806MICHELLE L. MIXELL, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2007- a ~b 4 ~p ~~c~-. CHRISTOPHER C. MIXELL, :CIVIL ACTION -LAW Defendant :CUSTODY COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Plaintiff, MICHELLE L. MIXELL, by her attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: 1. Plaintiff is MICHELLE L. MIXELL, whose address is 32 Falcon Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. _ Defendant is CHRISTOPHER C. MIXELL, whose address is c/o Cydne Markham, 511 South West Street, Apt. D, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are married and are the parents of two children, GABRIEL A. MIXELL, born December 3, 2003 and MACKENZIE A. MIXELL, born November 30, 2006. 4. The best interests and welfare of the minor children would be served by placing primary physical and shared legal custody of the children with Plaintiff, subject to Defendant's rights of partial physical custody. 5. The minor children have resided at the following addresses since birth: (a) From Gabriel's birth until March 2005 at 100 S. Locust Street, Shiremanstown, Cumberland County, Pennsylvania with both parents. (b) From March 2005 until February 7, 2007 at 32 Falcon Court, Mechanicsburg, Cumberland County, Pennsylvania with both parents. (c) From February 7, 2007 until present at 32 Falcon Court, Mechanicsburg, Cumberland County, Pennsylvania with Mother. 6. Plaintiff does not have any information of any custody proceeding concerning said minor children in any court in Pennsylvania or any other State. 7. Plaintiff has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor children in Pennsylvania or any other State. 8. Plaintiff does not know of any person not a party to these proceedings who has physical custody of the said minor children or who claims to have custody or visitation rights with respect to them. WHEREFORE, Plaintiff respectfully prays that your Honorable Court order that primary physical and shared legal custody of the minor children, GABRIEL A. MIXELL and MACKENZIE A. MIXELL, be placed with Plaintiff. Respectfully submitted, Date: May 8, 2007 MAX J. SMITH, J ., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint are true and correct. I under- stand that false statements herein aze made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~_,. ~C ~ N r'-° _~~ ~ t %.i.) ~ "?3 ~_ ~' ~y `':" :ai ~.J v, ~ ~, --< v' ~i X11 MICHELLE L. MIXELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-2806 CIVIL ACTION LAW CHRISTOPHER C. MIXELL IN CUSTODY DF;FENDANT ORDER OF COURT AND NOW, Wednesday, May 16, 2007 ,upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse,_Carlisle _ on Thursday, June l4, 2007 at 9:30 AM for a Pre I lcarm~ 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 entex into a temporary order. All children a#:c five or older may also be present at the conference. Failure to appear at the conference mati~ 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, Bv: /s/ Hubert X. Grlro Es . 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. A11 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 TAKF, 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 FORTF-1 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170]3 Telephone (717) 249-3166 y ~~+i~ ~ cQ- cl.s, 4-1t if ~~ i ~-~;5-~ (w-~ ?~ ~Z f'~~ L 11.~E~~~ Z~3QZ ~.- ~ . ~_ ~.. ~ 3t-ii. 'C~ ,.. .~, MICHELLE L. MIXELL, Plaintiff v ~uN so ~oo~ r~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CHRISTOPHER C. MIXELL, N0.07-2806 Defendant IN CUSTODY COURT ORDER . AND NOW, this ~ day of June, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Christopher C. Mixell, and the mother, Michelle L. Mixell, shall enjoy shared legal custody of Gabriel A. Mixell, born December 3, 2003, and Mackenzie A. Mixell, born November 30, 2006. 2. Physical custody shall be handled as follows: A. The father shall have physical custody of the minor children two out of three weekends from Saturday at or about 2:00 p.m. until Monday at or about 5:00 p.m. The time for exchange of custody maybe modified by agreement of the parties. B. The father shall also have physical custody of the minor children during the week while mother is at work and the children are in daycare. This shall be subject to work/sleep schedule and the children's schedule. Father shall attempt to work with the daycare provider as much as possible in order to minimize any potential disruption to the daycare operation. C. At such other times as agreed upon by the parties. 3 3. The mother shall have physical custody of the minor children at the times that the children are not in the custody of the father. h. 4. For the upcoming Fourth of July holiday, father shall have custody of the minor children to include an overnight on the evening of July Fourth. Correspondingly, mother shall enjoy custody on Labor Day pursuant to a future Order that will be set. 5. The parties shall meet again with the Custody Conciliator on August 10, 2007 at 9:30 a.m. In the event father retains legal counsel and the parties can work out an agreement in advance of this Custody Conciliation Conference, the attorneys for the parties may contact directly to either conduct a conference over the phone or to cancel the conference. Judge cc: Max J. Smith, Esquire Christopher C. Mizell F~,\F1LES1Gene~aflCwrcn[\12321\Mi~cell v Mixed Report and Orde* ~~~~~~ ~ ~1 ~~ ~d ~ Z ~~ ~~Q~ R~l~~h:~~a:~ ~0 ~~l~_~~.}-Clad Ar MICHELLE L. MIXELL, Plaintiff v CHRISTOPHER C. MIXELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-2806 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Gabriel A. Mizell, born December 3, 2003, and Mackenzie A. Mixell, born November 30, 2006. 2. A Conciliation Conference was held on June 14, 2007, with the following individuals in attendance: The mother, Michelle L. Mixell, with her counsel, Max J. Smith, Esquire, and the father, Christopher C. Mixell, who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. DATE: June 15, 2007 ~cJ ubert X ilroy, Esquire Custod onciliator ~u~ x o 2001( MICHELLE L. MIXELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW CHRISTOPHER C. MIXELL, N0.07-2806 Defendant IN CUSTODY COURT ORDER Y~ AND NOW, this ~ day of August, 2007, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Iiubert X. roy, Esquire Custody nciliator ~/ ;~'~~~'~~ `f'it i~ ~' Z ~ I ~:~;~ 0 I ~il~ t~tiZ rl~Jb'lUf'vvi-I~.C~~~ ~k-i.i. ~0 MICHELLE L. MIXELL, Plaintiff V. CHRISTOPHER C. MIXELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ("i NO. 07-2806 IN CUSTODY -- CIVIL ACTION - LAW , -, PETITION/COMPLAINT TO MODIFY CUSTODY ORDER ?ohn 1<err 11 PC 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 P11oNe: 717.766.4008 Fnx: 717.766.4066 1. Plaintiff is Michelle L. Mixell, an adult individual who resides at 36 Sarasota Circle, Carlisle, Pennsylvania 17015 (hereinafter, "Mother"). 2. Defendant is Christopher C. Mixell, an adult individual who resides at 39 Scarsdale Drive, Camp Hill, Pennsylvania 17011, but who is presently a patient at Holy Spirit Hospital on a thirty (30) day voluntary treatment program (hereinafter, "Father") 3. The parties are the natural parents of the following minor children: Mackenzie A. Mixell, born November 30, 2006; Gabriel A. Mixell, born December 3, 2003; and Kathleen A. Mixell, born July 16, 2008. 4. The children were not born out of wedlock. 5. The children are presently in the custody of Plaintiff Michelle Mixell, who resides at 36 Sarasota Circle, Carlisle, Pennsylvania 17015. 6. During the past five years, the minor children has resided with the following persons and at the following addresses: Names Michelle Mixell Christopher Mixell Residences 136 Sarasota Circle Carlisle, PA 17015 Dates 10/08-present j 83. o? Pd Ci? /0 Michelle Mixell Christopher Mixell Plaintiff's parents Michelle Mixell 08/08-10/08 05/07-08/08 7. The Mother of the children is Michelle Mixell, who is residing at 36 Sarasota Circle, Carlisle, Pennsylvania 17015. She is married. 8. The Father of the child is Christopher C. Mixell, who is residing at 39 Scarsdale Drive, Camp Hill, PA 17011. He is married. 9. The relationship of the Mother to the children is that of mother. The children currently live with Mother. 10. The relationship of the Father to that of the children is father. 11. Plaintiff currently resides with the following persons: Name Relationship Mackenzie A. Mixell Son Gabriel A. Mixell Son Kathleen A. Mixell Daughter ?ohn err ew-. PC 5020 Ritter Road Suite 104 McMMICSburg. PA 17055 Prnow: 717.766.4008 F Ax: 717.766.4066 12. Defendant currently resides with the following persons: Name His parents 416 Third Street New Cumberland, PA 17070 407 Miller Avenue New Cumberland, PA 17070 Relationship 13. Each parent whose parental rights to the children has not been terminated, and the person who has physical custody of the children have been named as parties to this action. 14. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children pending in a court of this Commonwealth or any other state. 15. Plaintiff does not know of a person not a party to the proceedings who has physical ohn ,err a". PC: - 5020 Ritter Road Suite 104 Mecha nicsburg, PA 17055 P"owe: 717.766.4008 FAx: 717.766.4066 custody of the children or claims to have custody or visitation rights with respect to the children. 16. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 17. There is presently a custody order dating to 2007 which relates to only the two older children - and not Kathleen Mixell. A copy of the Order, dated June 21, 2007 is appended to this Petition/Complaint. 18. The Order dated June 21, 2007 has been superseded by the Protection From Abuse Final Order, dated February 17, 2012, entered by the Honorable Christylee Peck, which provides that Father shall have weekend visitation in the presence of his parents only. A copy of this Order is appended to this Petition/Complaint. 19. The best interests and permanent welfare of the children will be furthered by granting full physical and legal custody to Mother because: a) Father has twice violated the Protection From Abuse Order, resulting in incarceration and the Court's request that he enter a thirty (30) day voluntary program for drug, alcohol and mental health treatment at Holy Spirit Hospital; b) Father suffers from bipolar disorder and manic depression, refusing to take prescribed medication; c) there are significant mental health concerns as a therapist once noted that he has psychopathic tendencies; d) Father has only seen the children sporadically, p.g, four hours in the past four months; e) Father has a severe drinking problem , i.e., he has been intoxicated around the children and has blacked out twice because he took medication with the alcohol, requiring an ambulance to take him to the hospital; f)he has been addicted to pain medication; g) he has threatened violence against Mother and the older child; h) he has refused to sign consents for child psychiatric visits; i) recently, he was involved with a domestic abuse incident involving another woman in an apartment in Dillsburg; and j) when he has had the children in the past, he refused to assist his daughters with hygiene issues. WHEREFORE, the Plaintiff/Petitioner requests that the Court grant to her full legal and physical custody of the minor children, Mackenzie, Gabriel and Kathleen Mixell. Respectfully submitted, QL '# 4., Jo M. Kerr, Esquire Attorney I.D.#26414 John Kerr Law. P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 Dated: October 17, 2012 ?ohs1 err a,c. Pc 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 PHo[E: 717.766.4008 FAx: 717.766.4066 VERIFICATION The undersigned, Michelle Mixell, hereby states that she is the Plaintiff in the foregoing custody action and, as such, is authorized to execute this Verification, and that any factual statements contained in the preceding Complaint are true and correct to the best of her knowledge, information and belief, She understands that false statements are subject to the penalties prescribed at 18 Pa. C.S.§4904, relating to falsification made to authorities. ---Mck?uf M??& Michelle Mixell JUN 10 2007 P"/ MICHELLE L. MIICELL, Plaintiff v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW CHRISTOPHER C. MIXELL, : NO. 07-2806 Defendant : IN CUSTODY COURT ORDER AND NOW, this kff day of June, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Christopher C. Mixell, and the mother, Michelle L. Mixell, shall enjoy shared legal custody of Gabriel A. Mixell, born December 3, 2003, and Mackenzie A. Mixell, born November 30, 2006. 2. Physical custody shall be handled as follows: A. The father shall have physical custody of the minor children two out of three weekends from Saturday at or about 2:00 p.m. until Monday at or about 5:00 p.m. The time for exchange of custody may be modified by agreement of the parties. B. The father shall also have physical custody of the minor children during the week while mother is at work and the children are in daycare. This shall be subject to work/sleep schedule and the children's schedule. Father shall attempt to work with the daycare provider as much as possible in order to minimize any potential disruption to the daycare operation. C. At such other times as agreed upon by the parties. 3 3. The mother shall have physical custody of the minor children at the times that the children are not in the custody of the father. 4V ti 4. For the upcoming Fourth of July holiday, father shall have custody of the minor children to include an overnight on the evening of July Fourth. Correspondingly, mother shall enjoy custody on Labor Day pursuant to a future Order that will be set. 5. The parties shall meet again with the Custody Conciliator on August 10, 2007 at 9:30 a.m. In the event father retains legal counsel and the parties can work out an agreement in advance of this Custody Conciliation Conference, the attorneys for the parties may contact directly to either conduct a conference over the phone or to cancel the conference. Judge cc: Max J. Smith, Esquire Christopher C. Mixell FAFfiYS%kraWCun=A12321VM&W v MbA Rq mt ad Order MICHELLE L. MIXELL, Plaintiff v CHRISTOPHER C. MIXELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-2906 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-5(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Gabriel A. Mixell, born December 3, 2003, and Mackenzie A. Mixell, born November 30, 2006. 2. A Conciliation Conference was held on June 14, 2007, with the following individuals in attendance: The mother, Michelle L. Mixell, with her counsel, Max J. Smith, Esquire, and the father, Christopher C. Mixell, who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. DATE: June 15, 2007 .4 W ubert ilroy, Esquire Custod onciliator Final Protection From Abuse Order No: ?Or}lYJ Pagelof 5 FINAL PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA E] Extended Order ? Amended Order NO. 'l q - ? 0 D-5 1. PLAINTIFF I Michelle L. Mixell 111/19/1982 First Middle Last Suffix Plaintiff DOB Name(s) of All protected persons, including minor child/ren and DOB. Michelle L. Mixell 11/19/1982 Gabriel A. Mixell 12/312003 Mackenzie A. Mixell 11/30/2006 Kathleen A. Mixell 7/16/2008 V. DEFENDANT Christo her Chad Mixell First Middle Last Suffix Defendant's Address: 136 Sarasota Circle Carlisle PA 17015 CAUTION: Weapon Involved Weapon Present on the Property FlWeapon Ordered Relinquished DEFENDANT ID ENTIFIERS DOB 2/28/1980 HEIGHT 5 ft. 9 in. SEX Male WEIGHT 350 RACE White EYES Brown HAIR Brown SSN 177-68-0429 DRIVERS LICENSE # EXP DATE STATE The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant has been provided with reasonable notice and opportunity to be heard. The Court Hereby Orders: © Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. Except as provided in paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected L?j under this order, by telephone or by any other means, including through third persons. M Additional findings of this order are set forth below. Order Effective Date February 17, 2012 Order Expiration Date February 17, 2015 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE D&AEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURTHER ORDER OF COURT. 23 Pa.C.S.A. § 6108(8). THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8). https://www.pfad.state.pa.usIPFADLivelfmalorder.asp?FinalOrderID=213863 &cmdMove... 2/17/2012 Final Protection From Abuse Order No: Plaintiff or Protected Person(s) is/are: [X] spouse or former spouse of Defendant [X) parent of a child with Defendant [ ] current or former sexual or intimate partner with Defendant [] child of Plaintiff [x ] child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ] sibling (person who shares parenthood) of Defendant Page 2 of Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel: Plaintiff appeared personally and is represented by: Family Law Clinic AND NOW, this 17th Day of February, 2012 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: This order is entered By agreement without admission to the allegations set forth in the petition. Without regard as to how the order was entered, this is a final order of court subject to full enforcement pursuant to the Protection From Abuse Act. Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place where they might be found. 2. Defendant is completely evicted and excluded from the residence at: 136 Sarasota Circle, Carlisle PA 17015 or any other residence where Plaintiff or any other person protected under this order may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Except as provided in Paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff either directly or indirectly, or any other person protected under this order, at any location, including but not limited to any contact at Plaintiffs or other protected https:i/www. pfad.state.pa.us/PFADLive/fmalorder.asp?FinalOrderID=213 863 &cmdMove... 2/17/2012 inal Protection From Abuse Order No: Page 3 of 5 parry's school, business, or place of employment. 4. Except as provided in paragraph 5 of this order, Defendant shall not contact Plaintiff, either directly or indirectly, or any other person protected under this order, by telephone or by any other means, including through third persons. 5. Temporary custody of the minor children: I. Gabriel A. Mizell 2. Mackenzie A. Mixell 3. Kathleen A. Mizell shall be as follows: • Primary physical custody of the minor children is awarded to Plaintiff. • Defendant shall have the following partial physical custody/visitation rights: Weekend visitation while in the presence of his parents. There is a current custody order as to the children of the parties: CUMBERLAND COUNTY THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY. 6. FIREARMS, OTHER WEAPONS AND AMMUNITION RESTRICTIONS Defendant shall relinquish to the sheriff the following firearms licenses owned or possessed by Defendant: Firearms Permit 7. Any firearm delivered to the sheriff or transferred to a licensed firearm dealer, or a qualified third party who satisfies the procedural and substantive requirements to obtain a safekeeping permit issued under 23 Pa. C.S.A. § 6108.3 pursuant to this order or the temporary order shall not be returned to Defendant until fiu-ther order of court or as otherwise provided by law. 8. The ollowirig additional relief is granted as authorized by §6108 of the Act: - Defendant is ordered to pay the costs of this action, including filing and service fees. - Defendant is ordered to pay Plaintiffs reasonable attorney's fees. 9. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: https://www.pfad. state.pa.us/PFADLive/finalorder. asp?Final OrderID=213 863 &cmdMove... 2/17/2012 Final Protection From Abuse Order No: Silver Springs Police Department 10. All provisions of this order shall expire in 3 years on February 17, 2015. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURTHER ORDER OF COURT. 23 Pa.C.S.A. § 6108(g). Page 4 of THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8). NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS The police and sheriff who have jurisdiction over Plaintiff s residence OR any location where a violation of this order occurs OR where Defendant may be located, shall enforce this order. The court shall have jurisdiction over any indirect criminal contempt proceeding, either in the county where the violation occurred or where this protective order was entered. An arrest for violation of paragraphs 1 through 7 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police or any sheriff. 23 Pa.C.S.A. §6113. Subsequent to an arrest, and without the necessity of a warrant, the police officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession that were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. https://www.pfad.state.pa.usIPFADLivelfinalorder.asp?FinalOrderID=213 863&cmdMove... 2/17/2012 Final Protection From Abuse Order No: The Sheriff of Cumberland County shall maintain possession of the firearms, other weapons or ammunition until further order of this court. When Defendant is placed under arrest for violation of this order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer, sheriff OR Plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, Defendant shall be arraigned, bond set, if appropriate and both parties given notice of the date of the hearing. BY THE COURT: Entered pursuant to the consent of plaintiff and defendant: Plaintiff s Signature Distribution to: Family Law Clinic Transmitted to PSP DVS Sheriff for Service Page 5 of 5 Judge Date 1 ,.?_. It, s Defendant's Signature TRUE COPY-FRO, M RECORD In Testimony wherd0f,:I here ug~a'+'ty hand. and the seal of said oW_aL04w;lIsi e, Pa. Z This /J day of C , Za. ProthonotaryG "O03 T? CD N . https ://www. pfad. state.pa. usIPFADLive/fmalorder. asp?FinalOrderID=213 863 &cmdMove... 2/17/2012 MICHELLE Pv1[XELL IN THE COURT OF COMMON PLEAS Of~ P[_AINTIFF CUMBERLAND COUNTY, PENNSYL~~'. 0 c-~ --~ N • 2007-2806 CIVIL ACTION LAW ~ -c~ CHRISTOPH]~ R C. MIXEL.L - ~ ~~~> Z IN CUSTODY t~? I)I t t NI)ANT ....t rV • _c ~ ORDER OF COURT' .,: --~ -ti ~.:._ ~~~ ~"~ --a,~ ~, ~~: c~~~". ~, ~u~ AND NOVV. Monday, October 22, 2012 ,upon consideration o~Pthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq, ,the conciliator, at ___ 4th_Floor_, Cumberland County Courthouse, Carlisle on Thursday, November 15, 2012 at 10:30 AM f~~r 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 urdet~. Failure to ar~>>ear at the conference may provide grounds for entry of a temporar~~ 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 hoa~rs prior to scheduled hearing. FOR "THE COURT. By: _/s/ Hubert X. Grlroy Esq• ~r~(1 _! Custody Conciliator h' i~he Court of Common fleas of Cumberland County is required by lave to comply with the Americans with Disahilites Act of 1990. For information about accessible Iacilities and reasonable accommodations available to disabled individuals having business before the court, please contact: our office. All arrangements must be made at least 72 ho~u-s prior to any 'hearing or business before the court. You must attend the scheduled conference or hearing. YOU S1-iOULD ]~~AKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOI.: DO NOT HAVE AN ATTORNEY OR CANNOT AF'F~ORD ONE, GO TO OR 'T`ELEPHONE THE OFFId_'E SET FORTH BELOVI' TO FIND OUT WHERE ~"OU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 o r ~ f ~ ~f Telephone (7 ] 7 j 249-3166 i, t. iCP, Ps ~~, /~~ ~ °/2 z/iz ., eu s v'~~~;t~~`t1~` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE MIXELL, Plaintiff NO. 2007-2806 CIVIL TERM V. CHRISTOPHER C. MIXELL, Defendant CIVIL ACTION -LAW IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Christopher C. Mixell, Defendant, to proceed in forma au eris. I, Diane G. Radcliff, Esquire, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Dated: ~ ~ Respectfully submitted, DI RADCLI SQUIRE Sup a Court ID #32112 3448 Trindle Road Camp Hill, PA 17011 Telephone: (717) 737-0100 Attorney for Defendant MICHELLE L. MIXELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAN IA v 2007-2806 CIVIL ACTION -LAW ~ , :-- h, C J ~~;_~ CHRISTOPHER C. MIXELL, : .~~°3,-, ~ ~ 4 Defendant IN CUSTODY ~, f~'- '~ - ~r ~~' ~ ~~: PRIOR JUDGE: Christylee Peck ~ -;- C';: . , ,~. COURT ORDER ~`"' = " ~' .~:_ , r ~ ~` - --a .~- --~ -.,l . AND NOW, this ~~, day of November, 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the prior Order of Court entered in this matter on June 21, 2007, is vacated and replaced with the following TEMPORARY Order: 1. The mother, Michelle L. Mixell, and the father, Christopher C. Mixell, shall enjoy shared legal custody of Gabriel A. Mixell, born December 3, 2003, Mackenzie A. Mixell, born November 30, 2006, and Kathleen A. Mixell, born July 16, 2008. 2. The mother shall enjoy primary physical custody of the minor children. 3. Additionally, although this is a shared legal custody case, the mother may enroll any of the children in counseling as she determines to be appropriate. Mother shall notify father with respect to where the children are enrolled in counseling, and any counselor involved with any of the children is hereby authorized to communicate with both parents and their legal counsel with respect to any and all issues pertaining to the children's counseling. The counselor may, as he or she deems appropriate, involve either or both parents in the counseling sessions with the counselor and/or the child. 4. The father shall enjoy partial physical custody of the minor children as follows: A. On Thanksgiving Day, November 22, 2012, father shall have custody from 3:00 p.m. unti19:00 p.m. B. Every Saturday from 9:00 a.m. unti17:00 p.m. 5. Mother shall handle transportation for exchange of custody with the father as outlined above. Additionally, father's periods of custody shall be supervised by one or both of father's parents. 6. Legal counsel for the parties shall arrange for a telephone conference with the Conciliator, legal counsel and father's forensic counselor at Holy Spirit Hospital. The purpose of this conference is to determine the current status of the father with respect to his compliance with recommended treatment at Holy Spirit Hospital pursuant to the October 9, 2012, Order of Court issued in the Protection from Abuse docket at Docket No. 2012-0835. After such conference, the Conciliator may recommend a modification of the custody schedule set forth above in the nature of a more permanent custody Order. 7. Recognizing that there is a Protection from Abuse Order entered in this situation, mother's obligation to keep father advised with respect to matters relating to the children shall be fulfilled upon mother advising father's parents of this information and mother may feel free to contact father's parents directly. 8. In addition to the above, father shall have telephone contact with the minor children at least once every two days. However, the telephone contact shall be initiated by mother and mother shall orchestrate the children placing a phone call to father every other day at a minimum. 9. Mother shall handle transportation for all exchange of custody. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, Christylee Peck, Judge cc: /John M. Kerr, Esquire ,/Mane G. Radcliff, Esquire J ~~ r ~~r /~ r \ ~+ \ `~ M MICHELLE L. MIXELL, Plaintiff v CHRISTOPHER C. MIXELL, Defendant PRIOR JUDGE: Christylee Peck IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-2806 CIVIL ACTION -LAW : 1N CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Gabriel A. Mixell, born December 3, 2003, Mackenzie A. Mixell, born November 30, 2006, and Kathleen A. Mixell, born July 16, 2008. 2. A Conciliation Conference was held on November 19, 2012, with the following individuals in attendance: The mother, Michelle L. Mixell, with her counsel, John M. Kerr, Esquire, and the father, Christopher G Mixell, with his counsel, Diane G. Radcliff, Esquire. A 1 s o present in the Conciliation Conference was the father's father, Lester B. Mixell. 3. There are a number of issues swirling around in this case. There is a Protection from Abuse Order, and there is also an indication that father is undergoing supervision through Holy Spirit Hospital. Based upon a discussion the Conciliator held with the parties and their counsel, the Conciliator recommends a TEMPORARY Order in the form as attached. Date: November (/ , 2012 Hubert X Gilroy, Esquire Custod Conciliator MICHELLE L. MIXELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2007-2806 CIVIL ACTION - LAW CHRISTOPHER C. MIXELL, Defendant IN CUSTODY rn L7 —T� m —o 2 70, :;,J- PRIOR JUDGE: Christylee Peck C4` - ? o-r COURT ORDER a;l AND NOW, this 2a A4 day of April, 2013, upon consideration of the attached stody Conciliation Report, it is ordered and directed as follows: 1. Subject to any applicable disclosure concerns,the Holy Spirit Hospital Forensic Case Management Unit is authorized to provide legal counsel for the parties with a written report indicating the current status of the treatment for the father, Christopher C. Mixell, and also include in the report, if appropriate, and opinion as to whether Mr. Mixell may see his children unsupervised without there being any problems. It is noted that Mr. Mixell has already signed an authorization for the disclosure of this information. 2. Upon receipt of the mentioned report, legal counsel for the parties may contact the Custody Conciliator directly to schedule a telephone conference. Assuming the report indicates that Mr.Mixell may proceed with unsupervised custody,it is understood that at that time the parties will arrange some type of modification of the existing custody Order to allow for unsupervised visitation and to also provide for a schedule that would include overnights starting in increments in the hopes that there could be a routine type schedule in the future with alternating weekends. 3. Pending further Order of this Court, this Court's prior Order of November 27, 2012, shall remain in place subject to the following modifications: A. Father's partial physical custody with the minor children shall be every Sunday from 12:30 p.m. until 5:30 p.m. B. Father's telephone contact with the children shall be every Tuesday and Thursday at or about 7:30 p.m. C. In all other respects,the November 27, 2012, Order shall remain in place. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation.Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, 9:��- /--- Christylee P ck, Judge cc: /John M. Kerr, Esquire ,/Diane G. Radcliff, Esquire V MICHELLE L. MIXELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2007-2806 CIVIL ACTION - LAW CHRISTOPHER C. MIXELL, Defendant IN CUSTODY PRIOR JUDGE: Christylee Peck CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b),the undersigned Custody Conciliator submits the following report: 1. The Conciliator met with the parties and their attorneys on April 17,2013 and agreed upon the entry of an Order in the form as attached. Date: April , 2013 Hubert X. Gil y, Esquire Custody Co ciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE MIXELL, Plaintiff V. CHRISTOPHER C. MIXELL, Defendant PRAECIPE TO WITHDRAW APPEARANCE OF LEGAL COUNSEL FOR DEFENDANT TO THE PROTHONOTARY OF THE SAID COURT: Please withdraw the appearance of Diane G. Radcliff, Esquire, as Attorney for Defendant, Christopher C. Mixell Dated: Cl Q NO. 2007-2806 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY RADCLIFF, UI IANE E PRAECIPE TO ENTER APPEARANCE OF DEFENDANT, PRO SE TO THE PROTHONOTARY OF THE SAID COURT: Please enter the appearance of the Defendant, Christopher C. Mixell, Pro Se. Legal papers may be served at the address set forth below. Dated: 5 —17 c2.0 i 4 Christopher C. Mixell, Pro Se Signature: LfiM St. Address: 39 Scars cVae.. DrAve City, St, Zip: Ca{`^p IA; 1 \ PPS- 1-76k‘ Telephone: ��' 561- lel8y'