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HomeMy WebLinkAbout04-2603JOHN M. DIMM, VS. : IN THE COURT OF COMMON PLEAS Plaintiff, ; CUMBERLAND COUNTY, PENNSYLVANIA No. SHANNON M. DIMM, Defendant. IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 JOHN M. DIMM, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. SHANNON M. DIMM, Defendant. No. 04- 903 IN CUSTODY COMPLAINT FOR CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is John M. Dimm residing at 420 Candlewyck Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Shannon M. Dimm residing at 3416 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks shared legal custody and liberal periods of visitation of the following child: NAME PRESENT RESIDENCE DOB Mackenzie A. Dimm 3416 Lisburn Road 7/22/03 (10 mo.) Mechanicsburg, PA 17055 Mackenzie Dimm was born of this marriage. The Child is presently in the custody of Shannon M. Dimm who resides at 3416 Lisburn Road, Mechanicsburg, Pennsylvania, 17055. The child has resided with the following persons and at the following addresses since birth: Persons Addresses Dates John and Shannon Dimm 5316 Oxford Circle, #12 7/03 -5104 Mechanicsburg, PA 17055 Shannon Dimm and her 3416 Lisburn Road parents Carol and Tom Mechanicsburg, PA 17055 5/04 - date Smarsh The mother of the child is Shannon M. Dimm, currently residing at 3416 Lisburn Road, Mechanicsburg, PA 17055. She is married to the father. The father of the child is John M. Dimm, currently residing at 420 Candlewyck Road, Camp Hill, PA 17011. He is married to the mother. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with his father, John D. Dimm. 5. The relationship of the defendant to the children is that of mother. The defendant currently resides with the children and her parents, Carol and Tom Smarsh. 6. Neither party has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. 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. 8. The best interest and permanent welfare of the childn will be served by granting the relief requested because: A. Plaintiff has participated in the primary care of the child throughout her 2 A. Plaintiff has participated in the primary care of the child throughout her life. B. Plaintiff can provide a stable environment. C. Plaintiff can provide a loving home. 9. 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 seeks shared legal custody and liberal periods of visitation of the child. Respectfully submitted, Attorney for Plaintiff Supreme Court ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 JOHN M. DIMM, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. SHANNON M. DIMM, Defendant. : IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: - m?tiff ._.J f? b7 J U7 r ? s JOHN M. DIMM, VS. : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA SHANNON M. DIMM, Defendant. No. IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this compl t?pt j i. and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth aggainst you. You Ve warned that if you fail to do so the case may proceed without you and a udgement may be entered against you by the Court without further notice for any money c?aimed in the C;omodint --: ' or for any other claim or relief requested by the Plaintiff. You may lose money or pr4ertyer other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 JOHN M. DIMM, Plaintiff, VS. SHANNON M. DIMM, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. IN CUSTODY COMPLAINT FOR CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is John M. Dimm residing at 420 Candlewyck Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Shannon M. Dimm residing at 3416 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3, Plaintiff seeks shared legal custody and liberal periods of visitation of the following child: NAME PRESENT RESIDENCE DOB Mackenzie A. Dimm 3416 Lisburn Road 7122/03 (10 mo.) Mechanicsburg, PA 17055 Mackenzie Dimm was born of this marriage. The Child is presently in the custody of Shannon M. Dimm who resides at 3416 Lisburn Road, Mechanicsburg, Pennsylvania, 17055. The child has resided with the following persons and at the following addresses since birth: Persons Addresses Dates John and Shannon Dimm 5316 Oxford Circle, #12 7/03 - 5/04 Mechanicsburg, PA 17055 Shannon Dimm and her 3416 Lisburn Road parents Carol and Tom Mechanicsburg, PA 17055 5/04 - date Smarsh The mother of the child is Shannon M. Dimm, currently residing at 3416 Lisburn Road, Mechanicsburg, PA 17055. She is married to the father. The father of the child is John M. Dimm, currently residing at 420 Candlewyck Road, Camp Hill, PA 17011. He is married to the mother. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with his father, John D. Dimm. 5. The relationship of the defendant to the children is that of mother. The defendant currently resides with the children and her parents, Carol and Tom Smarsh. 6. Neither party has 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 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. 8. The best interest and permanent welfare of the childn will be served by granting the relief requested because: A. Plaintiff has participated in the primary care of the child throughout her A. Plaintiff has participated in the primary care of the child throughout her life. B. Plaintiff can provide a stable environment. C. Plaintiff can provide a loving home. 9. 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 seeks shared legal custody and liberal periods of visitation of the child. Respectfully submitted, Attorney for Plaintiff Supreme Court ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 JOHN M. DIMM, VS. : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA SHANNON M. DIMM, Defendant. No. IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 7 - V mm, laintiff JOHN M. DIMM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAMA V. 04-2603 CIVIL ACTION LAW SHANNON M. DIMM IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, June 17, 2004 , 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, July 15, 2004 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 b;y 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 S. Sunda y, Esq, mhc 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 k g ?- f O U '7 ,tlh'n??,n }*t £ Hd /_ I Nflr hOOZ j0 34?_'!C1-0311? JOHN DIMM, Plaintiff VS. SHANNON DIMM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-2603 CIVIL ACTION- CUSTODY PETITION TO CONSOLIDATE MATTERS AND NOW, comes the above captioned Defendant, Shannon Dimm, through her attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., and makes the following averments: 1. Plaintiff filed an action for Custody # 04-2603 on June Stn, 2004 in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. Defendant filed an action for Divorce and Custody # 04- 2772 on June 16th, 2004 in the Court of Common Pleas of Cumberland County, Pennsylvania. The Defendant was unaware of the previously filed custody action at that time. 3. Plaintiff is not opposed to a consolidation of the two actions. WHEREFORE, the Defendant respectfully requests that this Honorable Court consolidate the actions 04-2603 (custody) and 04- 2772 (custody and divorce) into one unified action (custody and divorce), to be identified as 04-2603 (custody and divorce). Respectfully submitted, Joseph D. Caraciolo, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: 7? 9 0' ID# 90919 Tel. (717) 763-1800 r`? G 7 N _OG ` +Cj CA) JOHN DIMM, Plaintiff VS. SHANNON DIMM, Defendant JUL 13 200g1GINAL : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-2603 : CIVIL ACTION- : CUSTODY ORDER OF COURT AND NOW, this # day of , 2004, upon consideration of the attached et?Eiori P it is hereby directed that the Prothonotary of the Court of Common Pleas of Cumberland County consolidate Custody action # 04-2603 and Custody/Divorce action # 04-2772 into one unified action, to be identified Custody/Divorce action # 04-2603. FOR THE COURT By: 146L f' Distribution List: as - Cumberland County Prothonotary's Office, One Courthouse Square, Carlisle, PA 17013 - Michael S. Travis, Esq., 4076 Market Street, Camp Hill, PA 17011 - Joseph D. Caraciolo, Esq., 2108 Market St., Camp Hill, PA 17011 NL ?` ;, ?, ?? ?-,, ? ?a? ? ,r „ ? - _;a,i ?. ,e ?, ??:?;?.. Q9 ?l 4?t3 91 ?f`f huOZ ;.>.?; ?",1Q a `1-11 .. ;?a, ?,?? ??:1,,-CI311a JOHN DIMM, Plaintiff VS. SHANNON DIMM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-2603 : CIVII, ACTION- : CUSTODY PETITION TO CONSOLIE TE MATTERS AND NOW, comes the above captioned Defendant, Shannon Dimm, through her attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., and makes the following averments: 9th 1. Plaintiff filed an action for Custody # 04-2603 on June , 2004 in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. Defendant filed an action for Divorce and Custody # 04- 2772 on June 16th, 2004 in the Court of Common Pleas of Cumberland County, Pennsylvania. The Defendant was unaware of the previously filed custody action at that time. 3. Plaintiff is not opposed to a consolidation of the two actions. WHEREFORE, the Defendant respectfully requests that this Honorable Court consolidate the actions 04-2603 (custody) and 04- 2772 (custody and divorce) into one unified action (custody and divorce), to be identified as 04-2603 (custody and divorce). Respectfully submitted, Joseph D. Caraciolo, Esquire 2108 Market Street, Aztec Building Date: Camp Hill, Pennsylvania 17011-4706 q p' ID# 90919 Tel. (717) 763-1800 o U Ti r mr ?j n? :i JUL 2 2 2004 IN THE COURT OF COMMON PLEAS OF JOHN M. DR" CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 04-2603 CIVIL ACTION LAW VS. SHANNON M. D DM endant IN CUSTODY ORDER OF COURT 2004, upon 7 C, day of AND NOW, this consideration of the attached Custody Conciliation Report, t is rd.ered and directed as follows: Shannon M. Dimm, shall have shared legal . The Father, John M. Dimm, and the Mother, 1 custody of Mackenzie A. Dimm, born July 22, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the health, euatio limited regar Child's general well-being including, but not eoachl sreentlshall be entitled t all recordscandn and religion. Pursuant to the terms of this paragraph P information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends, beginning July 17, 2004, from Saturday at 10:00 a.m. until Sunday at 12:00 noon, with the older. understanding In addit on, until mid-September t2004 when the Mother's Tuesday/Thursday classes end, child o he o p.m. until 8:30 p.m. and every Father shall have custody of the Child every Friday from 4:30 Tuesday (unless the parties agree to a different weekday) from 4:30 p. thetil 8:30 pm. The Father's weekday periods of custody shall begin on Friday, Y 2004. After Mother's Tuesday/Thursday classes terminate, the ondays and Wednesdays from 4:30 p.m. until 8 shall have 30 p.m rather than Fridaysland Tuesdays. M 4.The parties shall have custody of the Child on holidays as follows: A. Thanks g: The parties shall equally share having; custody of the Child on Thanksgiving each year, with he specific arrangements to be established by agreement at least one week in advance of the holiday. B. Christmas: Unless otherwise agreed, in every year, the Mother shall have custody of the Child from Christmas Eve at 4:30 p.m. through Christmas Day at 1:00 p.m. and the Father shall have custody on Christmas Day from 1:00 p.m. until 8:30 p.m. so : i I!J °z IFIr aooj C. Easter: In odd numbered years, the Mother shall have custody of the Child from the Saturday before Easter at 4:30 p.m. 12°30 mastte through Sunday p :30In m. annd the Father sh l the have custody from Easter Sunday p Father shall ster Sund ay at 12.30 p.m. and the Mother shall have before; on Easter Sunday from Ea 12:30 p.m. until 8:30 p.m. D. Mother's Dav/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day, with the specific times to be arranged by agreement between the parties. E. Alternating Holidays: The parties shall alternate having custody of the Child on Memorial Day, July e and Labor Day each year as arranged by agreement. alternate having custody of the Child on the F. Child ay The parties share or In 2004, the Father shall have custody of Childs birthday each year as arranged by agreement. the Child on her birthday from 4:30 p.m. until 8:30 p.m. 5. Each party shall be entitled to have custody of the Child for vacati dig each a year first shall be providing at least 30 days advance notice to the other party. The party pro between the p rt es quency and duration of vacation entitled to preference on his or her selection periods of custody shall be arranged by agreement 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. cc: ?Michael S. Travis, Esquire - Counsel for Father ,4'o'seph D. Caraciolo, Esquire - Counsel for Mother V /' BY THE COURT, JOHN M. DIMM Plaintiff V5. SHANNON M. DIMM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2603 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: DATE OF BIRTH CURRENTLY IN CUSTODY OF NAME Mother Mackenzie A. Dimm July 22, 2003 2. A conciliation conference was held on July 14, 2004, with the following individuals in attendance: The Father, John M. Dimm, with his counsel, Michael S. Travis, Esquire, and the Mother, Shannon M. Dimm, with her counsel, Joseph D. Caraciolo, Esquire. The parties agreed to entry of an order in the form as attached. J-0O ?1 04 l Dawn squire Date Custody Conciliator Michael S. Travis Attorney at Law ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN M. DIMM ) Plaintiff/Petitioner ) VS. ) 04-2603 CIVIL ACTION LAW SHANNON M. DIMM ) Defendant/Respondent) In Custody PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER NOW COMES the Petitioner, John M. Dimm, by and through his attorney, Michael S. Travis, and Petitions the Court for modification of the Custody Order dated July 26, 2004, as follows: 1. The petition of John M. Dimm respectfully represents that on July 26, 2004, an Order of Court was entered for Partial Custody, a true and correct copy of which is attached. 2. The Order should be modified because frequent disputes have arisen regarding the periods of custody due to changes in the parties schedules. Petitioner usually has custody from Friday after daycare until 4:00p.m. on Sundays on alternating weeks. On the weeks following his weekend, he has partial custody from 4:30p.m. through 8:30p.m. on Tuesdays and Thursdays. On weeks when he does not exercise weekend visitation, he usually has partial custody Mondays and Wednesdays from 4:30p.m. through 8:30p.m. The holiday visitation schedule requires revisions. 3. The above schedule should be incorporated into the Order. WHEREFORE, Petitioner requests that the Court modify the existing Order for Partial Custody because it will be in the best interest of the child. ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 Attorney for Petitioner JUL 2 2 2004 JOHN M. DRVIM IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 04-2603 CIVIL ACTION LAW SHANNON M. DEVIM Defendant IN CUSTODY ORDER OF COURT AND NOW, this A day of consideration of the attached Custody Conciliation Report, it is rdered and directed as follows: upon 1. The Father, John M. Dimm, and the Mother, Shannon M. Dimm, shall have shared legal custody of Mackenzie A. Dimm, born July 22, 2003. 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 her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends, beginning July 17, 2004, from Saturday at 10:00 a.m. until Sunday at 12:00 noon, with the understanding that the Father may seek to expand the overnight periods of custody when the child is older. In addition, until mid-September 2004 when the Mother's Tuesday/Thursday classes end, the Father shall have custody of the Child every Friday from 4:30 p' m. until 8:30 p.m. and every Tuesday (unless the parties agree to a different weekday) from 4:30 p.m. until 8:30 p.m. The Father's weekday periods of custody shall begin on Friday, July 16, 2004. After the Mother's Tuesday/Thursday classes terminate, the Father shall have custody of the Child every week on Mondays and Wednesdays from 4:30 p.m. until 8:30 p.m. rather than Fridays and Tuesdays. 4.The parties shall have custody of the Child on holidays as follows: A. Thanks 'vine: The parties shall equally share having custody of the Child on Thanksgiving each year, with the specific arrangements to be established by agreement at least one week in advance of the holiday. B. Christmas: Unless otherwise agreed, in every year, the Mother shall have custody of the child from Christmas Eve at 4:30 p.m. through Christmas Day at 1:00 p.m. and the Father shall have custody on Christmas Day from 1:00 p.m. until 8:30 p.m. EXHIBIT A C. Easter: In odd numbered years, the Mother shall have custody of the Child from the Saturday before Easter at 4:30 p.m. through Easter Sunday at 12:30 p.m. and the Father shall have custody from Easter Sunday at 12:30 p.m. through 8:30 p.m. In even numbered years, the Father shall have custody of the Child on the Saturday before Easter at 4:30 p.m. through Easter Sunday at 12:30 p.m. and the Mother shall have custody on Easter Sunday from 12:30 p.m. until 8:30 p.m. D. Mother's Dayl ther's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day, with the specific times to be arranged by agreement between the parties. E. Altemati g Holidays: The parties shall alternate having custody of the Child on Memorial Day, July 4th and Labor Day each year as arranged by agreement. F. Child's Birthday: The parties shall share or alternate having custody of the Child on the Child's birthday each year as arranged by agreement. In 2004, the Father shall have custody of the Child on her birthday from 4:30 p.m. until 8:30 p.m. 5. Each party shall be entitled to have custody of the Child for vacation each year upon providing at least 30 days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. The frequency and duration of vacation periods of custody shall be arranged by agreement between the parties. 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. cc: Michael S. Travis, Esquire - Counsel for Father Joseph D. Caraciolo, Esquire - Counsel for Mother TRUE COPY FROM RECORD th Testimony whereof, I lyre unto set my hand JOHN M. DIMM IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-2603 CIVIL ACTION LAW SHANNON M. DD/M4 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 CUSTODY OF Mackenzie A. Dimm July 22, 2003 Mother 2. A conciliation conference was held on July 14, 2004, with the following individuals in attendance: The Father, John M. Dimm, with his counsel, Michael S. Travis, Esquire, and the Mother, Shannon M. Dimm, with her counsel, Joseph D. Caraciolo, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN M. DIMM Plaintiff/Petitioner ) VS. ) 04-2603 CIVIL ACTION LAW SHANNON M. DIMM ) Defendant/Respondent) In Custody VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date . Dimm, Pe oner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN M. DIMM Plaintiff/Petitioner ) VS. ) 04-2603 CIVIL ACTION LAW SHANNON M. DIMM ) Defendant/Respondent) In Custody CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the below persons by first class U.S. Mail, postage prepaid: Joseph D. Caraciolo, Esquire Foreman & Foreman, P.C. Veteran's Building 112 Market Street, 6' Floor Harrisburg, PA 17101-2015 Shannon Dimm 435 Garden Drive Mechanicsburg, PA 17055 Date: idol lU IN 0. i /.JYY 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 r ZS1 A O JOHN M. DIMM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNON M. DIMM DEFENDANT 04-2603 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, June 19, 2006 , 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, July 18, 2006 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. 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. Sunday, Esq./ij Y 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 eta 8C :£ Hd N 'i?r jluol 3Hi a0 JOHN M. DIMM VS. Plaintiff SHANNON M. DIMM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2603 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this -7-' day of a,y. l , 2006, upon consideration of the attached Custody Conciliation Report, i is ordered and directed as follows: The parties shall engage in a course of therapeutic family counseling with a professional to be selected by agreement. The purpose of the counseling shall be to assist the parties in establishing sufficient cooperation and communication to enable them to effectively coparent their Child. The parties shall participate in a minimum of four joint counseling sessions. Any costs of counseling which are not reimbursed by insurance coverage shall be shared equally between the parties. The parties shall select the counselor and contact the counselor's office within two weeks of the date of the custody conciliation conference to schedule the first session. 2. Pending completion of the counseling and further agreement of the parties or Order of the Court, the prior Order of this Court dated July 26, 2004 shall continue in effect as modified by this Order. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday after daycare (between 4:00 and 4:30 p.m.) through Sunday at 4:00 p.m. and in every week on Mondays and Wednesdays from after daycare (between 4:00 and 4:30 p.m.) until 8:30 p.m. The Father shall ensure that the Child is bathed and ready for bed by the time of the exchanges of custody on Mondays and Wednesdays, for which the parties shall cooperate in ensuring that the Child has the necessary clothing. 4. Every Monday evening following the exchange of custody, the Father shall contact the Mother by telephone to discuss significant information/developments concerning the Child on a regular basis. VINNAIASNN3d AjNIr}O^ f7'Wvim L Z .Z Wd L- snv 9001 AUVIONv^H08d 3HU :0 31YO-M The Father shall be responsible to provide transportation for all exchanges of custody which do not take place at the Child's daycare/school. 6. Both parties shall support and encourage the Child's relationship with the other parent. Neither parent shall do or say anything derogatory to the other parent in the presence or hearing of the Child. The parties shall ensure that third parties having contact with the Child comply with this provision. Within 6 months following the completion of counseling, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference if necessary. 8. This Order is entered pursuant to the 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: el S. Travis, Esquire - Counsel for Father oseph D. Caraciolo, Esquire - Counsel for Mother J BY THE COURT, D JOHN M. DIMM IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. SHANNON M. DIMM Defendant Prior Judge: Kevin A. Hess 04-2603 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: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mackenzie Dimm July 22, 2003 Mother 2. A Custody Conciliation Conference was held on July 27, 2006 with the following individuals in attendance: The Father, John Dimm, with his counsel, Michael S. Travis, Esquire, and the Mother, Shannon Dimm, with her counsel, Joseph D. Caraciolo, Esquire. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator JAN 19 2001 JOHN M. DIMM Plaintiff VS. SHANNON M. DIMM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2603 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 7-'/- day of QQ.,,,-" , 2007, upon consideration of the attached Custody Conciliation Report, i is ordered and directed as follows: 1. The prior Orders of this Court dated August 7, 2006 and July 26, 2004 are vacated and replaced with this Order. 2. The parties shall engage in a course of therapeutic family counseling with a professional to be selected by agreement. The purpose of the counseling shall be to assist the parties in establishing sufficient cooperation and communication to enable them to effectively coparent their Child. The parties shall participate in a minimum of four joint counseling sessions. Any costs of counseling which are not reimbursed by insurance coverage shall be shared equally between the parties. 3. The Father, John M. Dimm, and the Mother, Shannon M. Dimm, shall have shared legal custody of Mackenzie A. Dimm, born July 22, 2003. 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 her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 4. The Mother shall have primary physical custody of the Child. 5. The Father shall have partial physical custody of the Child on alternating weekends from Friday after daycare (between 4:00 and 4:30 p.m.) through Sunday at 4:00 p.m. and in every week on Mondays and Wednesdays from after daycare (between 4:00 and 4:30 p.m.) until 8:30 p.m. The Father shall ensure that the Child is bathed and ready for bed by the time of the exchanges of custody on Mondays and Wednesdays, for which the parties shall cooperate in ensuring that the Child has the necessary clothing. 6. Every Monday evening following the exchange of custody, the Father shall contact the Mother by telephone to discuss significant information/developments concerning the Child on a regular basis. 5 ,. ti r az _ -qC) -Q-314 7. The parties shall share or alternate having custody of the Child on holidays as follows: A. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A, which shall run from 8:30 a.m. until 2:00 p.m. on Thanksgiving Day and Segment B, which shall run from 2:00 p.m. until 8:30 p.m. on Thanksgiving Day. In 2007, the Mother shall be entitled to select the Segment of Thanksgiving which she prefers during odd-numbered years and the Father shall have custody during the remaining Segment in odd-numbered years. The parties shall switch Segments of Thanksgiving for even-numbered years and continue to alternate thereafter. In years when the Father has custody of the Child on Wednesday evening and during Segment A of the Thanksgiving holiday, the Father's period of custody shall run continuously without interruption. B. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 8:30 p.m. through Christmas Day at 1:00 p.m., and Segment B, which shall run on Christmas Day from 1:00 p.m. until 8:30 p.m. In odd-numbered years, the Father shall have custody 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. In every year, the Father shall have custody of the Child for his family holiday party on December 23 and the Mother shall have custody of the Child for her family holiday party on Christmas Eve until 8:30 p.m. C. New Year's: The New Year's holiday shall be divided into Segment A, which shall run from New Year's Eve at 5:30 p.m. through New Year's Day at 2:00 p.m., and Segment B, which shall run on New Year's Day from 2:00 p.m. until 8:30 p.m. 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 during Segment A and the Mother shall have custody during Segment B. 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. D. Easter: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 4:30 p.m. through Easter Sunday at 12:30 p.m., and Segment B which shall run on Easter Sunday from 12:30 p.m. through 8:30 p.m. 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 during Segment A and the Mother shall have custody during Segment B. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day, with the specific times to be arranged by agreement between the parties. F. Memorial Day?Labor Day: The Memorial Day and Labor Day holidays shall run from Friday, at a time to be arranged by agreement, through Monday at 8:30 p.m. In odd-numbered years, the Mother shall have custody of the Child for the Memorial Day and Labor Day weekends, and in even-numbered years, the Father shall have custody of the Child for the Memorial Day and Labor Day weekends. In the event a party misses a regular period of weekend custody with the Child due to the holiday, that party automatically shall have custody of the Child during the immediately following weekend, with the regular weekend schedule to resume thereafter resulting in each party having two consecutive weekend periods of custody. G. July 4th: The holiday period of custody on July 4th shall run from 8:00 a.m. until after the fireworks. The Father shall have custody of the Child on July 4th in odd-numbered years and the Mother shall have custody in even-numbered years. H. Child's Birthday: The parties shall share or alternate having custody of the Child on the Child's birthday each year as arranged by agreement. 1. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 8. Each parent shall be entitled to have custody of the Child for vacation for up to two weeks each year upon providing at least 30 days advance notice to the other party. The parent providing notice shall be entitled to preference on his or her selection of vacation dates. Unless otherwise agreed, each party shall schedule his or her vacation under this provision to include his or her regular weekend period of custody. The frequency and duration of vacation periods of custody in excess of two weeks for each party may be arranged by agreement. 9. The Mother shall have custody of the Child for the purpose of attending the maternal aunt's wedding in Mexico, which time shall not be considered as part of the Mother's vacation time in 2007. The parties shall cooperate in establishing a schedule, prior to the trip to Mexico, for the Father to have make-up time for any custodial periods missed under this provision. The Father shall sign any documents necessary to enable the Child to obtain a passport for purposes of this trip. The Mother shall ensure that the Child contacts the Father by telephone on alternating days during the trip to Mexico. 10. Each party shall provide the other with notice as early as possible in the event that parent will not be present for an exchange of custody. 11. The parties shall maintain a civil and cooperative atmosphere for the Child at all times during exchanges of custody in order to promote the Child's emotional and physical well being. 12. The Father shall be responsible to provide transportation for all exchanges of custody which do not take place at the Child's daycare/school. 13. Both parties shall support and encourage the Child's relationship with the other parent. Neither parent shall do or say anything derogatory to the other parent in the presence or hearing of the Child. The parties shall ensure that third parties having contact with the Child comply with this provision. 14. 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, x Kevin X. Hess J. cc: Joseph D. Caraciolo, Esquire, 112 Market St., Harrisburg, PA 17101-2015 -Counsel for Mother ,,i," /..? 5/- e 7 Michael S. Travis, Esquire, 3904 Trindle Rd., Camp Hill, PA 17011 - Counsel for Father JOHN M. DIMM VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2603 CIVIL ACTION LAW SHANNON M. DIMM Defendant Prior Judge: Kevin A. Hess 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 DANE OF BIRTH CURRENTLY IN CUSTODY OF Mackenzie A. Dimm July 22, 2003 Mother 2. A custody conciliation conference was held on January 17, 2007, with the following individuals in attendance: the Mother, Shannon M. Dimm, with her counsel, Joseph D. Caraciolo, Esquire, and the Father, John M. Dimm, with his counsel, Michael S. Travis, Esquire. 3. The parties agreed to entry of an Order in the form as attached with the exception of the alternation of Segments A and B for the Christmas holiday which is the recommendation of the conciliator. /La7 Date Dawn S. Sunday, Esquire Custody Conciliator Michael S. Travis ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 mst@mtravislaw Attorney for Petitioner/Father John M. Dimm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner, VS. Shannon Dimm, PETITION FOR CONTEMPT CIVIL ACTION LAW CUSTODY NO. 2004-2603 Defendant/Respondent PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER The Petition of John M. Dimm, respectfully represents: 1. That on January 24, 2007, Judge Kevin A. Hess, entered an Order awarding Petitioner shared legal custody and partial physical custody of the minor child Mackenzie A. Dimm. A true and correct copy of the order is attached to this petition. 2. Respondent has willfully failed to abide by the order in that Mother/Respondent enrolled the Child in a school program at the Children's Garden in Shiremanstown without prior consultation with Father. 3. Mother has also engaged in a pattern of failure to cooperate with Petitioner in abiding by the terms of the arranging custody exchanges and holiday issues. a held in contempt of court WHEREFORE, Petitioner requests 2ia rravis and award counsel fees for filing this Petit3904Trindle Road Camp Hill, PA 17011 717-731-9502 mst@mtravislaw.com /?q/? Attorney for Petitioner ; = JAN 19 2001 JOHN M. DIMM VS. Plaintiff SHANNON M. DIMM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2603 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated August 7, 2006 and July 26, 2004 are vacated and replaced with this Order. 2. The parties shall engage in a course of therapeutic family counseling with a professional to be selected by agreement. The purpose of the counseling shall be to assist the parties in establishing sufficient cooperation and communication to enable them to effectively coparent their Child. The parties shall participate in a minimum of four joint counseling sessions. Any costs of counseling which are not reimbursed by insurance coverage shall be shared equally between the parties. 3. The Father, John M. Dimm, and the Mother, Shannon M. Dimm, shall have shared legal custody of Mackenzie A. Dimm, born July 22, 2003. 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 her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 4. The Mother shall have primary physical custody of the Child. 5. The Father shall have partial physical custody of the Child on alternating weekends from Friday after daycare (between 4:00 and 4:30 p.m.) through Sunday at 4:00 p.m. and in every week on Mondays and Wednesdays from after daycare (between 4:00 and 4:30 p.m.) until 8:30 p.m. The Father shall ensure that the Child is bathed and ready for bed by the time of the exchanges of custody on Mondays and Wednesdays, for which the parties shall cooperate in ensuring that the Child has the necessary clothing. 6. Every Monday, evening following the exchange of custody, the Father shall contact the Mother by telephone to discuss significant information/developments concerning the Child on a regular basis. 7. The parties shall share or alternate having custody of the Child on holidays as follows: A. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A, which shall run from 8:30 a.m. until 2:00 p.m. on Thanksgiving Day and Segment B, which shall run from 2:00 p.m. until 8:30 p.m. on Thanksgiving Day. In 2007, the Mother shall be entitled to select the Segment of Thanksgiving which she prefers during odd-numbered years and the Father shall have custody during the remaining Segment in odd-numbered years. The parties shall switch Segments of Thanksgiving for even-numbered years and continue to alternate thereafter. In years when the Father has custody of the Child on Wednesday evening and during Segment A of the Thanksgiving holiday, the Father's period of custody shall run continuously without interruption. . B. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 8:30 p.m. through Christmas Day at 1:00 p.m., and Segment B, which shall run on Christmas Day from 1:00 p.m. until 8:30 p.m. In odd-numbered years, the Father shall have custody 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. In every year, the Father shall have custody of the Child for his family holiday party on December 23 and the Mother shall have custody of the Child for her family holiday party on Christmas Eve until 8:30 p.m. C. New Year's: The New Year's holiday shall be divided into Segment A, which shall run from New Year's Eve at 5:30 p.m. through New Year's Day at 2:00 p.m., and Segment B, which shall run on New Year's Day from 2:00 p.m. until 8:30 p.m. 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 during Segment A and the Mother shall have custody during Segment B. 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. D. Easter: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 4:30 p.m. through Easter Sunday at 12:30 p.m., and Segment B which shall run on Easter Sunday from 12:30 p.m. through 8:30 p.m. 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 during Segment A and the Mother shall have custody during Segment B. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day, with the specific times to be arranged by agreement between the parties. F. Memorial Day/Labor Day: The Memorial Day and Labor Day holidays shall run from Friday, at a time to be arranged by agreement, through Monday at 8:30 p.m. In odd-numbered years, the Mother shall have custody of the Child for the Memorial Day and Labor Day weekends, and in even-numbered years, the Father shall have custody of the Child for the Memorial Day and Labor Day weekends. In the event a party misses a regular period of weekend custody with the Child due to the holiday, that party automatically shall have custody of the Child during the immediately following weekend, with the regular weekend schedule to resume thereafter resulting in each party having two consecutive weekend periods of custody. G. July 41h: The holiday period of custody on July 4th shall run from 8:00 a.m. until after the fireworks. The Father shall have custody of the Child on July 4th in odd-numbered years and the Mother shall have custody in even-numbered years. H. Child's Birthday: The parties shall share or alternate having custody of the Child on the Child's birthday each year as arranged by agreement. I. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 8. Each parent shall be entitled to have custody of the Child for vacation for up to two weeks each year upon providing at least 30 days advance notice to the other party. The parent providing notice shall be entitled to preference on his or her selection of vacation dates. Unless otherwise agreed, each party shall schedule his or her vacation under this provision to include his or her regular weekend period of custody. The frequency and duration of vacation periods of custody in excess of two weeks for each party may be arranged by agreement. 9. The Mother shall have custody of the Child for the purpose of attending the maternal aunt's wedding in Mexico, which time shall not be considered as part of the Mother's vacation time in 2007. The parties shall cooperate in establishing a schedule, prior to the trip to Mexico, for the Father to have make-up time for any custodial periods missed under this provision. The Father shall sign any documents necessary to enable the Child to obtain a passport for purposes of this trip. The Mother shall ensure that the Child contacts the Father by telephone on alternating days during the trip to Mexico. 10. Each party shall provide the other with notice as early as possible in the event that parent will not be present for an exchange of custody. 11. The parties shall maintain a civil and cooperative atmosphere for the Child at all times during exchanges of custody in order to promote the Child's emotional and physical well being. 12. The Father shall be responsible to provide transportation for all exchanges of custody which do not take place at the Child's daycare/school. 13. Both parties shall support and encourage the Child's relationship with the other parent. Neither parent shall do or say anything derogatory to the other parent in the presence or hearing of the Child. The parties shall ensure that third parties having contact with the Child comply with this provision. 14. 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, Kevin A. Hess J. TRUE COPS' FROM REGORU in TW*wny whereof, I hen NO set Ilhl ham 4nd the seal .af saki C.. at Cagle, Pa. r " ,may Pralhone?tar?r ce: Joseph D. Caraciolo, Esquire, 112 Market St., Harrisburg, PA 17101-2015 - Counsel for Mother Michael S. Travis, Esquire, 3904 Trindle Rd., Camp Hill, PA 17011 - Counsel for Father John M. Dimm ) Plaintiff/Petitioner, ) Vs. ) Shannon Dimm, ) Defendant/Respondent ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR CONTEMPT CIVIL ACTION LAW CUSTODY NO. 2004-2603 VERIFICATION The statements made in this Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Sect. 4904 relating to unsworn falsifications to authorities. John M. Dimm, Petitioner/Father Date: (?4"- ( - or John M. Dimm Plaintiff/Petitioner, VS. Shannon Dimm, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR CONTEMPT CIVIL ACTION LAW CUSTODY NO. 2004-2603 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on below persons by first class U.S. Mail, postage prepaid: Shannon M. Dimm 435 Garden Drive Mechanicsburg, PA 17055 Joseph D. Caraciolo, Esquire Foreman and Foreman, P.C. 6th Floor Veteran's Building 112 Market Street Harrisburg, PA 17101 717-731-9502 Date: X11# leor ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 J co 0 a JOHN M. DIMM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNON DIMM DEFENDANT 2004-2603 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 24, 2008 , 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, July 31, 2008 at 8:30 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. 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. ur. 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 oo? ,c Vr)o , 31 : G ? flab` o6oz I iJP? r 8 Luuu6? JOHN M. DIMM IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2004-2603 CIVIL ACTION LAW SHANNON DIMM Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2 / day of _ v , 2008, upon consideration of the attached Custody Conciliation Report, ,(t is ordered and directed as follows: 1. The prior Order of this Court dated January 24, 2007 shall continue in effect as modified by this Order. 2. The parties shall participate in co-parenting counseling with a professional to be selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively consult with each other and make joint decisions on major issues affecting the Child as required by a joint sharing of legal custody. The Mother shall be responsible to pay the costs of the first session, the parties shall share responsibility for payment of costs of the second session, the Father shall pay for the third session, the Mother shall pay for the fourth session and any costs incurred for subsequent sessions, if recommended by the counselor, shall be shared equally between the parties. The parties shall select the counselor and contact the counselor's office within ten (10) days of the date of this Order to schedule the first joint session. 3. The parties agree that the Child shall continue to be enrolled for afternoon care/preschool at the Children's Garden in Shiremanstown, for which the Mother shall provide all transportation between the Child's morning kindergarten at Hillside Elementary and the Children's Garden. The Mother shall provide such transportation personally except in exigent circumstances. Promptly following the conciliation conference, the Mother agrees to contact the Best Friends Preschool/Daycare in New Cumberland to obtain information and consider the possibility of enrolling the Child in that program. 4. During the Child's participation in the West Shore Soccer Club beginning August 19 and continuing for an anticipated eight or nine weeks, the Father's periods of partial custody shall take place on Tuesdays and Thursdays, rather than Mondays and Wednesdays, when soccer practices are scheduled. 5. The Mother shall promptly provide to the Father information regarding the Child's participation in soccer, including information concerning the coach, team members, and practice/games schedules. ?c :9 wv zz v oooz 6. Neither parent shall enroll the Child in any activity without the prior consent of the other parent as reflected in and confirmed by an email. 7. The Mother shall notify the Father by email of any times the Child is absent from daycare. 8. Both parties shall ensure that the other party has his or her current telephone number and email address on an ongoing basis. 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 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, 111?L Kevin A,/Hess J. cc: ichael S ?eph D. . Travis, Esquire - Counsel for Father Caraciolo, Esquire - Counsel for Mother JOHN M. DIMM IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. SHANNON DIMM Defendant Prior Judge: Kevin A. Hess 2004-2603 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 Mackenzie A. Dimm July 22, 2003 Mother 2. A custody conciliation conference was held on August 12, 2008, with the following individuals in attendance: the Father, John M. Dimm, with his counsel, Michael S. Travis, Esquire, and the Mother, Shannon Dimm, with her counsel, Joseph D. Caraciolo, Esquire. 3. The parties agreed to entry of an Order in the form as attached. camL '?-00F Date Dawn S. Sunday, Esquire Custody Conciliator