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HomeMy WebLinkAbout08-7534Id ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF CHRISTOPHER W. EARLY, Plaintiff V. MEGAN MICHELE FRICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. Off'- X53 y ?a COMPLAINT FOR CUSTODY 1. The plaintiff is CHRISTOPHER W. EARLY, an adult individual, residing at 1307 Scenery Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The defendant is MEGAN MICHELE FRICK, an adult individual, currently residing at 1181 East Camping Area Road, Wellsville, York County, Pennsylvania, 17365. 3. Plaintiff seeks primary custody of MADILYN KELLY EARLY, born June 27, 2007, age one and half (1 , who resides at 1307 Scenery Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The child was born out of wedlock. The child is primarily residing with Father who resides at 1307 Scenery Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The child spends fifty (50%) percent of her time with Father and fifty (500) percent of her time with Mother. The Mother and child are temporarily living with friends in their basement at 1181 East Camping Area Road, Wellsville, York County, Pennsylvania, 17365, but the Mother still receives her mail at 1307 Scenery Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. Mother is unstable and has no real permanent address at this time. Since the birth of the child, the child has resided with the following persons and at the following addresses: NAME ADDRESS DATES Plaintiff and Defendant 1307 Scenery Drive birth to Mechanicsburg, PA May of 2008 when defendant moved out The mother of the child is MEGAN MICHELE FRICK, currently staying at a friend's house in the basement at 1181 East Camping Area Road, Wellsville, York County, Pennsylvania, 17365. The father of the child is CHRISTOPHER W. EARLY, who resides at 1307 Scenery Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. Father has owned his house for at least five years. The parties were never married. 4. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons: NAME RELATIONSHIP MADILYN KELLY EARLY Subject minor child 5. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: NAME RELATIONSHIP Alicia (last name unknown) friend of defendant Alicia' s parents relatives of friend of defendant Alicia' s grandmother relative of friend of defendant Alicia' s daughter relative of friend of defendant 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The child has resided with the father since birth who has provided a continuous living relationship with the child; (b) The father is able to provide a stable home and family type environment for the child, allowing the child opportunity to spend time with the child's mother consistent with a schedule the parties have arranged between themselves. (c) Father's work schedule permits him to provide a constant and consistent arrangement to take the child to daycare in the morning and pick the child up at the end of his workday at 3:30 p.m. (d) Mother's work schedule does not permit her to provide a constant and consistent arrangement for the child. Mother works two jobs, one at a hair salon and the other as a waitress on every weekend night and every Sunday. Mother's two work schedules restrict her availability during the daytime hours and her night hours are too late for a small child to be going back and forth between parents during the week. (e) Mother's current and obviously temporary living arrangements have her currently living in the basement of a friend's parents' home. There is no separate bedroom for the child. (f) Currently, both of the child's grandmothers share in the care taking of their granddaughter with babysitting; however, the maternal grandmother lives in Thompsontown, Juniata County, quite a distance from the area. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, plaintiff requests the Court to grant primary custody of the child to him and partial physical custody to the Defendant. STONE LaFAVER & SHEKLETSKI Date: 1 2- --,b-0? :L ET B. ,STONE, ESQUIRE Cowt I.D. #60251 414 Street, P.O. Box E Ne Cu rland, PA 17070 Telep e: (717) 774-7435 At?,6/heys for Plaintiff V E R I F I C A T I O N CHRISTOPHER W. EARLY states that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. e CHRISTOPHER W. EARLY Date: 1417/0% ??_ C. ?? `? rat ?"? £?i c? ,-r? '?' .?J ` ??^'V ?'.?' ? fti r?-?' a.,...rY ?4 j ? 4+ ? 1 » ? h 4"`? ?` A. CHRISTOPHER W. EARLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MEGAN MICHELE FRICK DEFENDANT 2008-7534 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 08, 2009 , 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, Mechanicsburg, PA 17055 on Thursday, January 29, 2009 at 10:00 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. 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 S. Sunda Es q. 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 32 South Bedford Street .Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ALEU-OffiCE OF THE PROTHONOTARY 2009 JAN -8 FN 2: 4 5 PEwswvwA ? . g -04 - L*ICA-? .for y r.n. 1 .6 "Iwq jvy "jai LrcL 4o A4y f F:\DOCS\FL\CUST\Early.Christopher-Affidavit of Service.wpd ELIZABETH B. STONE, ESQ ATTORNEYID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 A TTORNEY FOR PLAINTIFF CHRISTOPHER W. EARLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - CUSTODY MEGAN MICHELE FRICK, NO. 08-7534 Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : . SS: COUNTY OF CUMBERLAND I, Elizabeth B. Stone, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint for Custody in the above captioned matter on the defendant, Megan Michele Frick, at 1181 East Camping Area Road, Wellsville, Pennsylvania 17365, by United States certified mail, postage prepaid, restricted delivery, on January 7, 2009, as mail return receipt. B. at SWORN TO AND SUBSCRIBED before me this-8"-dav of Januarv, 2009 Public A. ., by the attached certified Lomq W4 Abd car fbe1414 ?` may. ? t Prklt natty! aqi ?dttlMR on ttr? nwrlrs x so #mA *& cm rwtxn ttl* c to yftL et ftmwd aY { ¦ Attach ft. awo to iM back of to mdpWk or on the *am I sp" pwndts 1. Aft W AdrJt a JIM D. 461?i enter dl del v y r Mega Michele Prick 1181, East CampIrIg A><'e8 kdk Wellsville, PA 173`65 II Agar t C. Vp mm 17 U Y" below: ? No 3 8arvbe lypa CWmw Mar p l Mer o ?for Mwdwmo" 0 trOmW Mar 0 C.O.D. 4. RaftW DarVery? Aft F.y 13 We Z Article Num4rr ' rnmrwrrbndt,8649 kd rj `71108 0150 00088 5290 0?71 ? Form r. P 2004 4 ?' ?, ?? .A ' +, ? ?:? cn -?` V JAN 3 0 209- CHRISTOPHER W. EARLY Plaintiff vs. MEGAN MICHELE FRICK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-7534 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 0- day of 2009, upon consideration of the attached Custody Conciliation Report, it is order and directed as follows: 1. The Father, Christopher W. Early, and the Mother, Megan M. Frick, shall have shared legal custody of Madilyn Kelly Early, born June 27, 2007. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The physical custody schedule set forth in this Order shall be temporary pending such time as the Mother obtains her own residence and further agreement of the parties or Order of Court. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child during alternating weeks from Thursday after work through Monday morning. B. During the interim weeks, the Father shall have custody of the Child overnight on Friday. 11 4110- C. The Father shall have custody of the Child every Tuesday overnight if the Mother is unable to pick up the Child by 8:30 p.m. The Mother shall advise the Father as soon as possible as to whether or not she will be picking up the Child by 8:30 p.m. D. The Father shall have custody of the Child at all other times when the Mother is working and the Father is available to provide care for the Child. E. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this Order. F. The Mother shall have custody of the Child at all other times when the Father is working and the Mother is available to provide care for the Child. 4. 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 12:00 noon to Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. New Years: The New Years holiday shall be divided into Segment A, which shall run from New Years Eve at 12:00 noon through New Years Day at 12:00 noon, and Segment B, which shall run from New Years Day at 12:00 noon through January 2 at 12:00 noon. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. For purposes of this provision, the entire New Years holiday shall be deemed to fall within the same year as New Years Eve. C. Thanks ig ving: In every year, the Father shall have custody of the Child for the first part of Thanksgiving Day until 3:00 p.m. and the Mother shall have custody on Thanksgiving Day beginning at 3:00 p.m. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day, with the times for exchange to be arranged by agreement between the parties. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. In the event either party is unavailable to provide care for the Child during his or her period of custody, that parent shall first contact the other parent to offer the opportunity to provide care for the Child before contacting third party caregivers. 6. Neither parent shall relocate his or her residence to a location which would affect the practicability of the custody schedule set forth in this Order without the consent of the other party or Court approval. The party intending to relocate shall provide at least sixty (60) days advance notice to the other parent to enable the parties to resolve any necessary changes to the schedule by agreement or to proceed through the legal process. 7. At such time as the Mother relocates from her friends' home and obtains her own residence, counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference to review the custody arrangements. 8. 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. 9. 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. B' J. Z abeth B. Stone, Esquire - Counsel for Father cc: XX4,- g an M. Frick - Mother LTky) 'tl NVA-MNN.3d 9N!)CjO r?r "143MM 80 =8 WV ?- 933 69 W CHRISTOPHER W. EARLY Plaintiff VS. MEGAN MICHELE FRICK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-7534 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 Madilyn Kelly Early June 27, 2007 Mother/Father 2. A custody conciliation conference was held on January 28, 2 009, with the following individuals in attendance: the Father, Christopher W. Early, with his counsel, Elizabeth B. Stone, Esquire, and the Mother, Megan M. Frick, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. - jaz.' a ??a*- Alnn,.? Date Dawn S. Sunday, Esquire Custody Conciliator !ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF CHRISTOPHER W. EARLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - CUSTODY MEGAN MICHELE FRICK, NO. 2008-7534 Defendant/Respondent PETITION FOR CONTEMPT OF CUSTODY ORDER 1. The plaintiff is CHRISTOPHER W. EARLY, (hereinafter Ireferred to as Father), an adult individual, residing at 1307 (Scenery Drive, Mechanicsburg, Cumberland County, Pennsylvania, 117050. 2. The defendant is MEGAN MICHELE FRICK, (hereinafter I referred to as Mother), an adult individual, still currently residing in the basement of friends at 1181 East Camping Area Road, Wellsville, York County, Pennsylvania, 17365. 3. Father and Mother share both legal and physical custody of MADILYN KELLY EARLY, born June 27, 2007, age one and half(1 ',i?). 4. After a conciliation was held before Dawn Sunday, Esquire, at which time an agreement was reached, an Order of Court was entered by this Court on February 3, 2009. See attached Court Order. S. Per the parties' agreement and as entered in the Court Order, Father is to have every Tuesday overnight and every Friday night, as well as other times. 6. At the Conciliation Conference, Mother insisted that she was attempting to secure a new residence so that she no longer was staying in her friend's family basement. Since that time, Mother has not obtained adequate housing. 7. Mother now insists that she will be moving into a home with her latest paramour who has a minor male child and plans to allow these unrelated children of opposite sexes to share a bedroom. 8. Father believes that this is not in the best interest of his minor daughter and would like to have primary custody of the minor child. 9. Mother repeatedly and continually has kept the subject minor child from spending the nights on Tuesdays and Friday nights in direct violation of the Court Order. 10. Father requests this Honorable Court to schedule a second conciliation so that the parties can discuss this unacceptable custody arrangement that Mother has planned. 11. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, plaintiff Father requests the Court to grant primary custody of the child to him and partial physical custody to the Defendant Mother. STONE LaFAVER & SHEKLETSKI Date: ? ? IaA'04A I D iI00 ZABET ST E, ESQUIRE uprem o rt .D. #60251 414 dg S reet, P.O. Box E New um be and, PA 17070 Telephon : (717) 774-7435 Attoys for Plaintiff ti;1Ft! .;' L Jlia CHRISTOPHER W. EARLY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-7534 CIVIL ACTION LAW MEGAN MICHELE FRICK Defendant IN CUSTODY ORDER OF COURT 01 , AND NOW, this day of 2009 upon consideration of the attached Custody Conciliation Report, it is order and directed as follows: 1. The Father, Christopher W. Early, -and the Mother, Megan M. Frick, shall have shared legal custody of Madilyn Kelly Early, born June 27, 2007. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In. accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The physical custody schedule set forth in this Order shall be temporary pending such time as the Mother obtains her own residence and further agreement of the parties or Order of Court. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child during alternating weeks from Thursday after work through Monday morning. B. During the interim weeks, the Father shall have custody of the Child overnight on Friday. a t C. The Father shall have custody of the Child every Tuesday overnight if the Mother is unable to pick up the Child by 8:30 p.m. The Mother shall advise the Father as soon as possible as to whether or not she will be picking up the Child by 8:30 p.m. D. The Father shall have custody of the Child at all other times when the Mother is working and the Father is available to provide care for the Child. E. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this Order. F. The Mother shall have custody of the Child at all other times when the Father is working and the Mother is available to provide care for the Child. 4. 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 12:00 noon to Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. New Years: The New Years holiday shall be divided into Segment A, which'shaIl run from New Years Eve at 12:00 noon through New Years Day at 12:00 noon, and Segment B, which shall run from New Years Day at 12:00 noon through January 2 at 12:00 noon. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. For purposes of this provision, the entire New Years holiday shall be deemed to fall within the same year as New Years Eve. C. Thanksgiving: In every year, the Father shall have custody of the Child for the first part of Thanksgiving Day until 3:00 p.m. and the Mother shall have custody on Thanksgiving Day beginning at 3:00 p.m. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day, with-the times for exchange to be arranged by agreement between the parties. - E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. In the event either party is unavailable to provide care for the Child during his or her period of custody, that parent shall first contact the other parent to offer the opportunity to provide care for the Child before contacting third party caregivers. 6. Neither parent shall relocate his or her residence to a location which would affect the practicability of the custody schedule set forth in this Order without the consent of the other party or Court approval. The party intending to relocate shall provide at least sixty (60) days advance notice to the other parent to enable the parties to resolve any necessary changes to the schedule by agreement or to proceed through the legal process. 7. At such time as the Mother relocates from her friends' home and obtains her own residence, counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference to review the custody arrangements. 8. 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. 9. 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 T5WCOURT, J. cc: Elizabeth B. Stone, Esquire = Counsel for Father Megan M. Frick - Mother 4A titi CHRISTOPHER W. EARLY Plaintiff vs. MEGAN MICHELE FRICK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-7534 IN CUSTODY CIVIL ACTION LAW CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: L The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Madilyn Kelly Early June 27, 2007 Mother/Father 2. A custody conciliation conference was held on January 28, 2 009, with the following individuals in attendance: the Father, Christopher W. Early, with his counsel, Elizabeth B. Stone, Esquire, and the Mother, Megan M. Frick, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sund4y, uire Custody Conciliator V E R I F I CAT I O N CHRISTOPHER W. EARLY states that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. &L/ /Z?? 11 11 - - ' CHRISTOPHER W. FA'fLY Date: D1 F W 7 t 1.?3 pp ?? CHRISTOPHER W. EARLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V 2008-7534 CIVIL ACTION LAW MEGAN MICHELE FRICK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, March 25, 2009 , 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, Mechanicsburg, PA 17055 on Tuesday, April 28, 2009 at 12:00 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. 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 S. Sunda Es q. _WN 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I :Z Wd 9Z 8V1 HE Liu ,y© - `- c ,j o' ° MAY 0 8 2008 CJi CHRISTOPHER W. EARLY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-7534 CIVIL ACTION LAW MEGAN MICHELE FRICK Defendant IN CUSTODY ORDER OF COURT AND NOW, this I Or ?A day of , 2009, upon consideration of the attached Custody Conciliation Repo , it is ordered and directed as follows: 1. The prior Order of this Court dated February 3, 2009 shall continue in effect as modified by this Order. 2. Provision 3B of the February 3, 2009 Order regarding partial custodial periods on alternating Fridays is vacated. 3. The parties shall cooperate in scheduling additional periods of custody for the Father by agreement to ensure that the Father does not go for extended periods of time without an overnight period of custody with the Child. 4. Provision 4 of the February 3, 2009 Order is vacated and replaced with the following provision governing holidays: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 2:00 p.m. through Christmas Day at 2:00 p.m., and Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at 2:00 p.m. B. New Year's: The New Year's holiday shall be divided into Segment A, which shall run from New Year's Eve at 2:00 p.m. through New Year's Day at 2:00 p.m., and Segment B, which shall run from New Year's Day at 2:00 p.m. through January 2°a at 2:00 p.m. For purposes of this provision, the entire New Year's holiday shall be deemed to fall within the same year as New Year's Eve. C. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A, which shall run from Wednesday at 6:00 p.m. through Thanksgiving Day at 2:00 p.m., and Segment B, which shall run from Thanksgiving Day at 2:00 p.m. through the Friday after Thanksgiving at 8:00 a.m. D. Easter: The Easter holiday shall be divided into Segment A, which shall run from Saturday at 6:00 p.m. through Easter Sunday at 2:00 p.m., and Segment B, which shall run from Easter Sunday at 2:00 p.m. through the following Monday at 8:00 a.m. E. Madilyn's Birthday: Madilyn's birthday celebration shall be divided into Segment A, which shall run from June 26 at 6:00 p.m. through June 27 at 2:00 p.m., and Segment B, which shall run from June 27 at 2:00 p.m. through June 28 at 8:00 a.m. F. For all of the foregoing holidays, in even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. For all of the foregoing holidays, in odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. G. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day, with the times for exchange to be arranged by agreement between the parties. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each parent shall be entitled to have a period of vacation custody with the Child for up to two (2) nonconsecutive weeks during each calendar year until the Child begins Kindergarten, and after school starts, during each summer school break. The parties shall provide each other with at least thirty (30) days advance notice of vacation dates and the parent providing notice first shall be entitled to preference on his or her selection of vacation dates. Each weeklong period of custody may be scheduled to include up to seven (7) days and shall be scheduled to include that party's regular weekend period of custody unless otherwise agreed. In the event either party intends to remove the Child from his or her residence for an overnight period or longer for vacation custody, that parent shall provide the address and telephone number where the Child can be contacted to the other parent. 6. The parties shall share the responsibility for providing transportation for exchanges of custody as arranged by agreement. 7. 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, i J. cc: Elizabeth B. Stone, Esquire - Counsel for Father Megan M. Frick - Mother t? ?? v 9 L? f ,, VIH HE CHRISTOPHER W. EARLY Plaintiff VS. MEGAN MICHELE FRICK Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-7534 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 Madilyn Kelly Early June 27, 2007 Mother/Father 2. A custody conciliation conference was held on April 28, 2009, with the following individuals in attendance: the Father, Christopher W. Early, with his counsel, Elizabeth B. Stone, Esquire, and the Mother, Megan M. Frick, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. i Date Dawn S. Sunday, Esquire Custody Conciliator JUL 2 7 2009 g CHRISTOPHER W. EARLY Plaintiff vs. MEGAN MICHELE FRICK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-7534 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 0 day of 2009, upon consideration of the attached Custody Conciliation R ort, it ' ordered and directed as follows: 1. The prior Orders of this Court dated May 12, 2009 and February 3, 2009 shall continue in effect as modified by this Order. 2. On a trial basis only pending the custody conciliation conference scheduled in this Order, the parties shall have physical custody of the Child in accordance with the following rotating bi- weekly schedule: A. WEEK I: During Week I the Father shall have custody on Wednesday, when he shall pick up the Child after work at either the babysitter's or the Mother's residence through Friday, when the Mother shall pick up the Child after work at the babysitter's or the Father's residence and retain custody of the Child through the following Wednesday when the Father shall pick up the Child after work at the babysitter's or the Mother's residence. B. WEEK Il: During Week II, the Father shall have custody of the Child from Wednesday, when the Father shall pick up the Child after work at the babysitter's or the Mother's residence through Sunday, when the Father shall drop off the Child at the Mother's residence at 8:30 p.m. The Mother shall have custody from Sunday at 8:30 p.m. through the following Wednesday when the Father shall pick up the Child after work at the babysitter's or the Mother's residence. C. The physical custody schedule shall rotate between Week land Week II thereafter. D. With the exception of the Sunday evening exchange of custody at 8:30 p.m. at the Mother's residence (at which time the Father shall drop off the Child at the Mother's residence even in the event the Mother is still at work as long as the Mother's husband is available to provide care for the Child until the Mother is off work), the Father shall be entitled to have custody of the Child when the Mother is working and the Father is available to provide care for the Child and the Mother shall have custody of the Child when the Father is working and the Mother is available to provide care for the Child. E. The alternating bi-weekly custody schedule shall begin with the Mother having custody of the Child on Friday, July 17, 2009 and having custody for the first weekend which is the Week I schedule. 3 3. The parties shall cooperate in determining whether insurance coverage is available for therapeutic family counseling for the parties to establish and maintain sufficient communication and cooperation to enable them to effectively co-parent the Child. 4. The parties and counsel shall attend a follow-up custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, September 15, 2009 at 9:00 a.m. for the purpose of reviewing the custodial arrangements. 5. 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, t 9 . '? . J. f Edward E. Gui o J. cc: izabeth B. Stone Esquire - Counsel for Father Megan M. Frick - Mother l?CJ'? t ?QS r_n'a t l _L ?/ V I CHRISTOPHER W. EARLY Plaintiff vs. MEGAN MICHELE FRICK Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-7534 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 Madilyn Kelly Early June 27, 2007 Mother/Father 2. A custody conciliation conference was held on July 16, 2009, with the following individuals in attendance: the Father, Christopher W. Early, with his counsel, Elizabeth B. Stone, Esquire, and the Mother, Megan Michele Frick, who is not 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 G Custody Conciliator OF THE P,,. ; IC)1,AIRY 2009 JUL 29 A 6: 2 ? SEP 2 ° ?UU9 CHRISTOPHER W. EARLY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-7534 CIVIL ACTION LAW MEGAN MICHELE FRICK Defendant IN CUSTODY ORDER AND NOW, this 15th day of September, 2009 , the conciliator, having been advised by the parties that they have reached an agreement and there is no further need for the custody conciliation conference, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for September 15, 2009 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ? s QI WSJ Ci