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HomeMy WebLinkAbout10-3513TAI'` ?V 20101-{Y 26 AN 14: 19 Nichole M. Staley O'Gorman, Esquire ID #78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstaley@pkh.com KRISTOFER R. ATKINSON, Plaintiff V. DEANNA L. ATKINSON, AND NOW, comes the Plaintiff, Kristofer R. Atkinson, by his attorneys, Purcell, Krug & Haller, who files the following Complaint for Custody. 1. The Plaintiff is Kristofer R. Atkinson, residing at Building 400, G Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. Plaintiff is a Corporal in the United States Marine Corps stationed in New Cumberland, Pennsylvania. 2. The Defendant is Deanna L. Atkinson, residing at IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 533 CIVIL ACTION - LAW CUSTODY Defendant COMPLAINT FOR CUSTODY 228 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 3. The Plaintiff seeks custody of the following minor children: Name Present Residence Age Lola R. Atkinson 228 Herman Avenue Lemoyne, PA 17043 6 Maximus O. Atkinson 228 Herman Avenue Lemoyne, PA 17043 4 j7 %-ee' /vC1 ?kg a -134Y .2??-?/3 4. The children are presently in the custody of Defendant, Deanna L. Atkinson, who resides at the address set forth above. 5. During the past five years, the children have resided with the following persons and at the following addresses: Child Name Address Date Lola & Maximus Kristofer & Deanna Conneaut, OH 7/03- 11/05 Atkinson Lola & Maximus Deanna Atkinson Conneaut, OH 11/05-3/06 Lola & Maximus Kristofer & Deanna Conneaut, OH 3/06 Atkinson Lola & Maximus Deanna Atkinson Conneaut, OH 4/06-10/06 Lola & Maximus Kristofer & Deanna Okinawa, Japan 10/06-10/09 Atkinson Lola & Maximus Kristofer & Deanna New Cumberland, PA 10/09-5/10 Atkinson 6. The father of the minor children is the Plaintiff, Kristofer R. Atkinson, who presently is residing at the address set forth above. Plaintiff is married to the Defendant. 7. The mother of the minor children is the Defendant, Deanna L. Atkinson, who presently is residing at the address set forth above. Defendant is married to Plaintiff. 8. The relationship of Plaintiff to minor children is that of natural father. The Plaintiff currently resides with the following persons: Name Relationship N/A 9. The relationship of Defendant to minor children is that of natural mother. The Defendant currently resides with the following persons: Name Relationship Lola R. Atkinson Daughter Maximus O. Atkinson Son 9. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. 10. The Plaintiff has no information of a custody action concerning the children pending in a Court of this Commonwealth or any other state. 11. The Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. The best interest and permanent welfare of the children will be served by granting the relief requested. The Plaintiff is more capable of providing for the needs of the minor children. WHEREFORE, the Plaintiff requests the Court to grant him shared legal and primary physical custody of the minor children. PURCELL, KRUG & HALLER By: ID #7896 1719 Nod Front St Ere Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff DATE: an, Esquire VERIFICATION I, Kristofer R. Atkinson , Plaintiff in the within action, hereby verify that the facts contained in the foregoing Complaint 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. Section 4904, relating to unsworn falsification to authorities. DATE: 2-q12,010 Fly!' -?` - ?. 20101? .Y 26 iii 10: tv Nichole M. Staley O'Gorman, Esquire ID #78966 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 nstaley@pkh.com CUP, _'u 1y `f "NIP KRISTOFER R. ATKINSON, Petitioner V. DEANNA L. ATKINSON, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10- 3 S13 cN: I +"-f& CIVIL ACTION - LAW CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes the Plaintiff, Kristofer R. Atkinson, by and through his attorneys, Purcell, Krug & Haller, who files the following Emergency Petition for Special Relief. 1. Petitioner is Kristofer R. Atkinson, Plaintiff in the above-captioned child custody action. 2. Respondent is Deanna L. Atkinson, Defendant in the above-captioned child custody action. 3. The parties are the parents of the minor children, Lola R. Atkinson (age 6), and Maximus O. Atkinson (age 4). 4. Plaintiff and Defendant are married and separated on or about May 9, 2010. 5. A Complaint for Child Custody has been filed by Father, Kristofer R. Atkinson, contemporaneously herewith. ?? f? , 4 6. There are no custody orders entered in any jurisdiction affecting custody of the above-referenced minor children. 7. The parties have resided in Pennsylvania since October of 2009. 8. Father is a Corporal in the United States Marine Corps stationed in New Cumberland. 9. Since the May 9th separation, Mother has announced to Father's Command, specifically Staff Sergeant Jonathan Moor, that she intends to move to Las Vegas, Nevada with the children at the end of the school year. 10. On May 24, 2010, Lola told Father that Mother intends to take the children out of school early to move to Nevada, and they will be leaving in nine days. 11. Petitioner believes and avers that Respondent intends to remove herself and the children from the jurisdiction of this Court, and possibly as early as Friday, May 28tH 12. On May 25, 2010, Father made and unannounced visit to the marital home to pick up his personal belongings and found marijuana in plain sight and the house was in disarray. 13. Mother has a history of illegal narcotic use, and in view of the above, it is believed and averred that she has resumed use of drugs. 14. Police were called and Mother was cited. 15. Children and Youth services were also called and are investigating the matter. 16. It is believed and averred that the safety of the children is in jeopardy while in mother's care, and immediate transfer of custody to Father is warranted under the circumstances. WHEREFORE, Petitioner respectfully requests this Honorable Court to grant him immediate physical custody of children and prohibit Mother from removing the children from the jurisdiction of this Court. PURCELL, KRUG & HALLER By: DATE: ?tOu Nichole MAStaley`C?Goi I D #78966 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff , Esquire VERIFICATION I, Kristofer R. Atkinson , Plaintiff in the within action, hereby verify that the facts contained in the foregoing 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. Section 4904, relating to unsworn falsification to authorities. DATE: ?'y Z LL W / kO CERTIFICATE OF SERVICE I, Kimberly S. DeFalco, Legal Assistant, hereby certify that a true and correct copy of the foregoing document was served upon the Defendant, by sending a copy of the same via first class U.S. Mail to: Deanna L. Atkinson 228 Herman Avenue Lemoyne, PA 17043 Kimberly S. De .al , Legal Assistant 1719 North Fron treet Harrisburg, PA 17102 (717) 234-4178 DATE: ??2wL l? p~ r. KRISTOFER R. ATKINSON PL.,AINT[FF V. DEANNA L. ATKINSON I)t~:FE~.N[)ANT . [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL,VAN[A 2010-3513 CIVIL ACTION LAW IN CUSTODY ORUER OF COURT AND NUW, __ ___ Thursday, May 27, 2010 _ ,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, June 15, 2010 at 2:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or i f this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary ordel~~. 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 __ Custody Conciliator "I~he Court of Common Pleas of Cumberland County is required by law to comply with the Americans with I)isabilites 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. ~. a-1. ~ 0 ~1 ~-~., c~t , ~+(~;~`e~ Cumberland County Bar Association n o ~_. "~ 32 South Bedford Street , ';- -?" --~-n Carlisle, Pennsylvania 17013 r.r~ - ` {~' ~ ,~_: 5-'.a~. ~O /U~h'e~¢._. r(~,,,~ f1Q~ '~O Telephone (717) 249-3166 ry,.' --• ~ ' -~ ,~: '~ :.~ c..s a ~~~,wa~ ~~~~ KRISTOFER R. ATKINSON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2010-3513 CIVIL ACTION LAW n c- ,,,,, ~ .~~ . ,.~ ~.s. t ~ % ~ ~ ~`~' ~' DEANNA L. ATKINSON Defendant IN CUSTODY ~~~f ,~ ,~ ~x~ ,, .~°C- ~"~ ORDER OF COURT ~ ; v„~ ~ /~/_ AND NOW, this ~ 3 day of ~/v~G~ ~ 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated May 28, 2010 is vacated and replaced with this Order. 2. The Father, Kristofer R. Atkinson, and the Mother, Deanna L. Atkinson, shall have shared legal custody of Lola Atkinson, born July 1, 2003, and Maximus Atkinson, born June 6, 2005. Major decisions concerning the Children including, but not necessarily limited to, their 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 each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children 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. 3. The parties shall have physical custody of the Children in accordance with the following biweekly schedule: A. Week I: During Week I, the Father shall have custody of the Children from Friday at 5:00 p.m. through Tuesday at 7:00 a.m. and the Mother shall have custody from Tuesday at 7:00 a.m. through Saturday at 10:00 a.m. B. Week II: During Week II, the Father shall have custody of the Children from Saturday at 10:00 a.m. through Tuesday at 7:00 a.m. and the Mother shall have custody from Tuesday at 7:00 a.m. through Friday at 5:00 p.m. C. When the Children are not in school and the Father is working on Monday, the Mother shall have custody of the Children from 7:00 a.m. until 5:00 p.m. The Father shall provide notice to the Mother by the preceding Thursday if he will be off work and available to provide care for the Children on Monday. The parties may agree to use daycare on the military base on Mondays by agreement. D. All exchanges of custody under this provision, which do not take place at the Children's school during the school year, shall take place at the main gate of the New Cumberland Army Depot. After the parties no longer require supervision for exchanges of custody, the Father shall provide transportation for a period sufficient to make up for the time the Mother provided all of the transportation to the New Cumberland Army Depot to facilitate supervision. Thereafter, the parties shall share the responsibility to provide transportation for exchanges of custody. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from December 23 at 5:00 p.m. until December 24 at 10:00 p.m. and Segment B, which shall run from December 24 at 10:00 p.m. until Christmas Day at 10:00 p.m. In even numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody during Segment A and the Father shall have custody during Segment B. B. Easter/July 4/Thanks~ivin~: The holiday period of custody on Easter, July 4 and Thanksgiving shall run from 8:00 a.m. until 5:00 p.m. on the day of the holiday. In even numbered years, the Mother shall have custody on Easter and Thanksgiving and the Father shall have July 4. In odd numbered years, the Father shall have custody on Easter and Thanksgiving and the Mother shall have July 4. C. The holiday custody schedule shall supersede and take precedence over the regular and vacation custody schedules. 5. The parties shall make arrangements to participate in therapeutic family counseling with a professional to be selected by agreement between the parties and counsel. The parties shall contact the counselor's office within seven days of the date of this Order to schedule the initial sessions. Any costs of counseling which are not covered by insurance shall be shared by the parties in accordance with the percentage allocation established by the Domestic Relations Office. 6. The Mother agrees to meet with the employment program manager of the Army Relief Agency with regard to special programs concerning employment of military spouses. 7. The parties shall complete the parenting class program offered by the Army Relief Agency. 8. The Mother shall meet with the Army Relief Agency drug treatment coordinator to obtain a referral for an evaluation and shall thereafter obtain the evaluation and comply with any resulting recommendations. Both parties shall provide any authorizations deemed necessary by the evaluator to obtain information related to prior drug testing or information gathered by Children and Youth Services. 9. Each parent shall be entitled to have the Children for one week of uninterrupted summer vacation custody upon providing at least 30 days advance notice. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. Vacation custody shall not be scheduled to interfere with the other parent's period of holiday custody. 10. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children 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, Albert H. Masland J. cc: ~.e~iole M. Staley O'Gorman, Esquire -Counsel for Father ohn Pozniak, Esquire -Counsel for Mother ~t ~.S /'Y4`~l ~~ tP~au~ cv ~~ . ? KRISTOFER R. ATKINSON Plaintiff vs. DEANNA L. ATKINSON Defendant Prior Judge: Albert H. Masland 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Lola R. Atkinson July 1, 2003 Maximus Atkinson June 6, 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2010-3513 CIVIL ACTION LAW IN CUSTODY Mother Mother 2. A custody conciliation conference was held on June 15, 2010, with the following individuals in attendance: the Father, Kristofer R. Atkinson, with his counsel, Nichole M. Staley O'Gorman, Esquire, and the Mother, Deanna L. Atkinson, with her counsel, John Pozniak, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~~,~/a Date Dawn S. Sunday, Esquire Custody Conciliator KRISTOFER R. ATKINSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2010-3513 V. c-� C.., DEANNA L. ATKINSON, CIVIL ACTION - LAW m ix Defendant IN CUSTODY 'o Previously assigned to Judge Maslan4 3a "o MOTION TO MAKE RULE ABSOLUTE AND NOW,this 2f#/day of 013, comes Petitioner Kristofer R. Atkinson, , by and through his attorney, Joanne Harrison Clough, Esquire and respectfully files this Motion to Make Rule Absolute: 1. Petitioner/Plaintiff is married to Respondent/Plaintiff Deanna L. Atkinson. 2. A Petition for Emergency Relief for Immediate Return of Children was filed by Petitioner/Plaintiff on March 7, 2013 and a Rule to Show Cause was issued on said Petition for Emergency Relief. Rule returnable 7 days from date of service. 3. Respondent/Defendant Deanna L. Atkinson was served a copy of the Order of Court and Petition for Emergency Relief for Immediate Return of Children by Special Process Server#1351, Colyn A. Thompson, at the Florida hearing on March 19, 2013. A copy of the Verification of Service of March 21, 2013 is attached hereto as Exhibits No. 1. 4. The Florida Court Order of March 19, 2013 is attached hereto as Petitioner/Plaintiff's Exhibit No. 2 where the Florida Court specifically ruled"Court lacks jurisdiction under UCCJEA as there is a pending case in Pennsylvania". 5. Pennsylvania is the home jurisdiction under the UCCJA to hear the custody issue as the Florida Court issued an Order of Court on March 19, 2013 specifically ruling it did not have jurisdiction to hear the custody portion of the Florida case. WHEREFORE, Petitioner Kristofer R. Atkinson requests this Court to grant this Motion to Make Rule Absolute on his Petition for Emergency Relief Seeking Immediate Return of Children and direct Respondent Deanna L. Atkinson to immediately return the children to Petitioner Father's custody in Quantico, Virginia, within forty-eight hours pending hearing on this matter, or further Order of Court. Respectfully Submitted, JOANl E HARRISON LOUGH, PC 4 Dated: d \11, LA I JoannellErrison Clou h Esquire Attorney I.D. No. 364 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Kristofer R. Atkinson RECEIVED 03/26/2013 16:08 7177375892 JOANNE CLOUGH 2002/002 ,3'3726/2013 TUE 15: 09 FAX VERIFIED RETURN OF SERVICE Commonwealth of Pennsylvania County of CUMBERLAND Common Pleas Court Case Number: 10-3513 CIVIL TERM Plaintiff: KRISTOFER R.ATKINSON, vs. Defendant: DEANNA L.ATKINSON, For: Sandy T. Fox SANDY T. FOX P.A. 2750 Northeast 185th Street Suite 302 Aventura, FL 33180 Received by Lance Randall, Inc.on the 19th day of March,2013 at 8:13 am to be served on DEANNA L ATKINSON,201 SE 6TH STREET, 10:30 Judge Michael Kaplan COURTROOM 870,FT LAUDERDALE, FL. 1,Colyn A.Thompson,do hereby affirm that on the 19th day of March,2013 at 10:44 am,1: INDIVIDUALLY SERVED the above named person with a true copy of this ORDER OF COURT,PETITION FOR EMERGENCY RELIEF SEEKING IMMEDIATE RETURN OF CHILDREN,VERIFICATION AND EXHIBITS with the date and hour of service endorsed thereon by me,at the address of 201 SE 6TH STREET,10:30 Judge Michael Kaplan COURTROOM$70,FT LAUDERDALE,FL in accordance with State Statutes. Description of Person Served: Age: 37, Sex: F, Race/Skin Color: White, Height: 54", Weight: 125, Hair: Dark Brown, Glasses: N I certify that I am a Special Process Server over the age of eighteen, appointed by the Sheriffs Office in the County in which it was served, that I am in good standing and have no interest in the above action. Under penalties of perjury, I declare that I have read the forgoing Verified return of service 4nd tk facts stated in it are true and correct. Pursuant to F.S. 92.525(2), Notary not required. Date: 63 IV 17e Coly A.Thompson Special Process Server#1351 Lance Randall,Inc. (Process&Litigation Support Svcs) 5831 Hallandale Beach Blvd. West Park,FL 33023 (964)944-3900 Our Job Serial Number", LRA-2013003302 COPYrigtite I882-2011 Database services,trio.-Process server's Tootboxite.6m III IIIII RECEIVED 03/26/2013 16:08 7177375892 JOANNE CLOUGH 2002/002 ,3'3726/2013 TUE 15: 09 FAX VERIFIED RETURN OF SERVICE Commonwealth of Pennsylvania County of CUMBERLAND Common Pleas Court Case Number: 10-3513 CIVIL TERM Plaintiff: KRISTOFER R.ATKINSON, vs. Defendant: DEANNA L.ATKINSON, For: Sandy T. Fox SANDY T. FOX P.A. 2750 Northeast 185th Street Suite 302 Aventura, FL 33180 Received by Lance Randall, Inc.on the 19th day of March,2013 at 8:13 am to be served on DEANNA L ATKINSON,201 SE 6TH STREET, 10:30 Judge Michael Kaplan COURTROOM 870,FT LAUDERDALE, FL. 1,Colyn A.Thompson,do hereby affirm that on the 19th day of March,2013 at 10:44 am,1: INDIVIDUALLY SERVED the above named person with a true copy of this ORDER OF COURT,PETITION FOR EMERGENCY RELIEF SEEKING IMMEDIATE RETURN OF CHILDREN,VERIFICATION AND EXHIBITS with the date and hour of service endorsed thereon by me,at the address of 201 SE 6TH STREET,10:30 Judge Michael Kaplan COURTROOM$70,FT LAUDERDALE,FL in accordance with State Statutes. Description of Person Served: Age: 37, Sex: F, Race/Skin Color: White, Height: 54", Weight: 125, Hair: Dark Brown, Glasses: N I certify that I am a Special Process Server over the age of eighteen, appointed by the Sheriffs Office in the County in which it was served, that I am in good standing and have no interest in the above action. Under penalties of perjury, I declare that I have read the forgoing Verified return of service 4nd tk facts stated in it are true and correct. Pursuant to F.S. 92.525(2), Notary not required. Date: 63 IV 17e Coly A.Thompson Special Process Server#1351 Lance Randall,Inc. 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''r .r ti ,,;! �> t k a k y s . ." ,. .fin' _ , � ir "N,��, 192 ,%'�41 VERIFICATION I,Joanne Harrison Clough,Esquire, attorney for Kristofer R.Atkinson,hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE: 3--z8 f"? /� :e Jo i n o it 3820 et Street Camp ill, PA 17011 CERTIFICATE OF SERVICE I, Connie Lee Limric, Secretary to Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by First Class United States Mail to the following individual at the address Defendant is believed to be residing set forth below: Deanna L. Atkinson CIO Patty Shean 941 N.E. 3rd Avenue Ft. Lauderdale, FL 33304 2ff/12 Date: C'mige Lee Idmidic, Sec ary Joanne Harrison Clough, Esquire Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Petitioner Kristofer R. Atkinson VERIFIED RETURN OF SERVICE Commonwealth of Pennsylvania County of CUMBERLAND Common Pleas Court Case Number. � IVIL TERM ,.. rya - Plaintiff: KRISTOFER R. ATKINSON, vs. �is Defendant: DEANNA L. ATKINSON °C. For: - ` Sandy T. Fox SANDY T. FOX P.A. 2750 Northeast 185th Street Suite 302 Avent!Ilra, FL 33180 Received by Lance Randall, Inc. on the 19th day of March, 2013 at 8:13 am to be served on DEANNA L ATKINSON, 201 SE 6TH STREET, 10:30 Judge Michael Kaplan COURTROOM 870, FT LAUDERDALE, FL. I, Colyn A. Thompson, do hereby affirm that on the 19th day of March, 2013 at 10:44 am, I: INDIVIDUALLY SERVED the above named person with a true copy of this ORDER OF COURT, PETITION FOR EMERGENCY RELIEF SEEKING IMMEDIATE RETURN OF CHILDREN,VERIFICATION AND EXHIBITS with the date and hour of service endorsed thereon by me, at the address of 201 SE 6TH STREET, 10:30 Judge Michael Kaplan COURTROOM 870, FT LAUDERDALE, FL in accordance with State Statutes. Description of Person Served: Age: 37, Sex: F, Race/Skin Color: White, Height: 64", Weight: 125, Hair: Dark Brown, Glasses: N I certify that I am a Special Process Server over the age of eighteen, appointed by the Sheriffs Office in the County in which it was served, that I am in good standing and have no interest in the above action. Under penalties of perjury, I declare that I have read the forgoing Verified return of service qnd t e facts stated in it are true and correct. Pursuant to F.S. 92.525(2), Notary not required. Date: 6 3 IV 7e 13 Coly A. Thompson Special Process Server#1351 Lance Randall, Inc. (Process S Litigation Support Svcs) 5831 Hallandale Beach Blvd. West Park, FL 33023 (954) 944-3900 Our Job Serial Number: LRA-2013003302 Copyright®1992-2011 Database Services,Inc.-Process Server's Toolbox V6.5m III I III IIII I II�NIIIII I IIIII II III KRISTOFER R. ATKINSON, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA • V. • • DEANNA L. ATKINSON, DEFENDANT : 10-3513 CIVIL TERM ORDER OF COURT AND NOW, this Zr& day of April, 2013, upon review of Father's Motion to Make Rule Absolute as well as copies of the orders of court issued by the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida, we make the following findings: 1. On March 19, 2013 Circuit Judge S. Shutter issued two orders, one with respect to custody and the other regarding domestic violence. Mother is the moving party in Florida on both matters. 2. The custody order authorized Father to have "time-sharing with minor children, Lola Atkinson and Maximus Atkinson" in Ft. Lauderdale, Florida, but the judge declined to make a permanent order noting that "there is a pending case in Pennsylvania." 3. Contemporaneously with the custody order, Judge Shutter issued an order extending the injunction for protection against domestic violence, which included the following language: After hearing the testimony of each party present and any witnesses, or upon consent of respondent, the court finds that petitioner is a victim of domestic, repeat violence, dating violence, or sexual violence or reasonably fears that he/she will become a victim of domestic or dating violence from respondent. The previously entered injunction is extended until 5/19/13, or until further order of the court. mEmmimmmommoN - - 10-3513 CIVIL TERM 4. The aforesaid domestic violence order was delivered to Father and acknowledged by him in open court. 5. The presence of domestic violence is a significant factor that the court must consider in interstate custody matters. Therefore, pursuant to 23 Pa.C.S. Section 5427, before addressing the substantive issues, this court must address the issue of whether this court is an inconvenient forum for the parties. The court directs that a hearing be held on the 30th day of April, 2013, at 9:00 a.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania, at which time the parties shall submit information regarding the following Section 5427(b) factors: 1. Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the children; 2. The length of time the children have resided outside this Commonwealth; 3. The distance between the court in this Commonwealth and the court in Florida that could assume jurisdiction; 4. The relative financial circumstances of the parties; 5. Any agreement of the parties as to which state should assume jurisdiction; 6. The nature and location of the evidence required to resolve the pending litigation; 7. The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and 8. The familiarity of each state with the facts and issues in the pending litigation. If the parties are unable to personally attend the hearing on April 30, 2013, they shall notify the court immediately so that arrangements can be made for audio and/or video conferencing. Following the hearing, this court will determine if it is an inconvenient forum and, if so, whether another jurisdiction is a more appropriate forum. -2- • 10-3513 CIVIL TERM Pending that determination, the parties shall abide by the temporary custody order issued by the court in Broward County, Florida. By the Court, Albert H. Masland, . Joanne Harrison Clough, Esquire For Kristofer R. Atkinson r. Sandy T. Fox, Esquire Northeast 185th Street, Ste 302 m L , - : ;_. Aventuro, FL 33180 ` , t =7,_ Deanna L. Atkinson c/o Patty Shean 941 N.E. 3`d Avenue Ft. Lauderdale, FL 33304 Honorable Steven G. Shutter 201 SE 6th Street, Room 308 Ft. Lauderdale, FL 33301 1 :sal (lp,/-`; �i,. ,/ y/y ,3 L -3- f t KRISTOFER R. ATKINSON, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. rn DEANNA L. ATKINSON, z� z DEFENDANT 10-3513 CIVIL.TERM 7.r . �''., o ORDER OF COURT AND NOW, this D day of April, 2013, the court haver reeeivdd testimony and exhibits from Father with respect to the issue of jurisdiction, and having discovered that Mother has counsel in Pennsylvania on the related divorce action who is willing to represent her in the custody matter as well, we ORDER AND DIRECT as follows: 1. A hearing will be held on May 23, 2013, at 1:00 p.m., at which time the court will receive not only any additional testimony the parties desire to introduce concerning jurisdiction, but also will hear testimony on Father's Petition for Emergency Relief. 2. Pending said hearing, the parties are encouraged to establish a reasonable and regular schedule of electronic communication between Father and the children. 3. The parties shall establish a "no conflict zone" for their children and refrain from making derogatory or uncomplimentary comments about the other parent in the presence of the children. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. By the Court, Albert H.�Masla�nd, J. 10-3513 CIVIL TERM ,/�oanne Harrison Clough, Esquire For Kristofer R. Atkinson Vbiane Radcliff, Esquire For Deanna Atkinson :sal -2- KRISTOFER R. ATKINSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2010-3513 v DEANNA L.ATKINSON, CIVIL ACTION -LAW Defendant IN CUSTODY Previously assigned to Judge Masland ORDER OF COURT AND NOW, this 'day of May, 2013, the Hearing previously scheduled for May 23, 2013 has been rescheduled to be held the 29th day of May, 2013, at 1:00 p.m., at the Cumberland County Courthouse, Courtroom No. I . FOR THE COURT: Date: B Distribution:anne Harrison Clough, Esquire, 3820 Market Street, Camp Hill, PA 17011 nnDiane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 •LL c :7 Ti -<> CD CD wt KRISTOFER R. ATKINSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DEANNA L. ATKINSON, Defendant NO. 10-3513 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of May, 2013 , the Court having received additional testimony from Father regarding his petition for emergency relief, we find that it is in the best interests of the children, Lola Atkinson and Maximus Atkinson, that the following order be entered: 1 . The Court retains jurisdiction of this case pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C. S. Section 5422 . 2 . Pending the ultimate resolution of this matter and pursuant to the agreement of the parties related in open court, we direct that the physical custody of the children during the summer of 2013 be as follows : a. Following school, Mother will transport the children to Ohio to attend a Soap Box Derby event on or about Saturday, June 15th. b. On Sunday, June 16th, Mother will arrange for one of her relatives to transport the children from Ohio to Father' s residence in Quantico, Virginia. They will arrive sometime on Sunday, June 16th, travel permitting. C . Father will have custody of the children for the summer until approximately two weeks before school resumes in Florida. It is the parties ' specific intention that that exchange take place on a weekend, with counsel selecting that weekend after receiving the school schedule from Mother. d. Father shall have telephone contact with the children at least two days a week, with phone calls initiated by the children to Father on Mondays and Thursdays at 7 : 00 p.m. The parties further agree that if for some reason Father will not be available to receive the call or if the children are not going to be able to make the scheduled call they shall promptly text that information to the other party to arrange for a different date and time for that call . e. While the children are in Father' s custody, he shall cooperate with the Safe Visit Program available through the family counseling services at Quantico. It is the parties ' understanding that Takisha Hackler or her designee will make periodic home visits to the house to check on the welfare of the children. The parties also agree that if Ms . Hackler or her designee detect any problems during their visits they shall notify Mother' s and Father' s counsel promptly. f . Father will cooperate with the family counseling plan set forth in Plaintiff ' s Exhibit No. S and see that he and the children complete the portions of that program while they are in his care and custody. 3 . If this matter is not otherwise resolved, a hearing shall be held on Wednesday, August 7, 2013 , at 9 : 30 a.m. Counsel will advise the Court of the need for and timing of a second day for testimony, which may be at a time when Mother could attend in person. By the Court, C-� C-0 P1 Albert H. Masldnd, J. ,,�<oanne H. Clough, Esquire G For Plaintiff QD C-4 �ane G. Radcliff, Esquire C-) > For Defendant prs 00131'" &ck Xj 2 I 1�4 Via KRISTOFER R. ATKINSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs C-) NO. 2010-3513 CIO rnrn v DEANNA L. ATKINSON, CIVIL ACTION -LAW Defendant IN CUSTODY Previously assigned to Judge Oler MOTION TO CONTINUE OF HEARING SCHEDULED FOR AUGUST 7,2013 AND NOW,this 3JU_day of July, 2013, comes the Petitioner, Kristofer Atkinson,by and through his attorney Joanne Harrison Clough, Esquire and files the following Motion for Continuance of Hearing Scheduled for August 7, 2013 and in support thereof avers as follows: 1. Petitioner Kristofer R. Atkinson is represented by Joanne Harrison Clough,Esquire. 2. Respondent Deanna L. Atkinson is represented by Diane G. Radcliff, Esquire. 3. A Hearing on the above captioned action is scheduled in response to the Petition for Special Relief filed by Father Kristofer Atkinson for August 7, 2013, at 9:30 a.m. 4. Petitioner Kristofer R. Atkinson is a United States Marine and has recently learned that he is going to be actively deployed to Columbia, South America between August 15'h and August 20th through approximately December 1, 2013. 5. In light of the fact that Petitioner Kristofer Atkinson will be unavailable to provide any custodial care for his children during his period of active deployment, we respectfully request that the Custody Trial scheduled for August 7, 2013 be rescheduled to be held in mid or late January 2014. 6. The parties have reached an agreement that Kristofer Atkinson will return the minor children to Defendant Mother in accordance with the date of the current Court Order or earlier if his deployment occurs prior to that date. 7. Petitioner Father requests that if Petitioner's deployment ends and he has returned to Quanitco, Virginia on or before the Christmas school break holiday as he anticipates Petitioner shall have custody of the minor children commencing the first day after the Christmas school break until the last day before school resumes in January of 2014. 8. Opposing counsel and Defendant Mother do not concur with this Motion for Continuance. WHEREFORE, Petitioner Kristofer Atkinson respectfully requests this Honorable Court to grant this Motion for Continuance, and issue a Court Order granting Petitioner Kristofer Atkinson temporary custody of the children over the Christmas break commencing the first full day of school break and ending the last full day before school resumes in 2014 and reschedule the Custody Trial for mid or late January 2014 and grant any further relief this Court deems appropriate. Respectfully Submitted, JOANNE HARRISON CLOD QH., PC Dated: BY: a .&, 17.11(4 (�_ -t y/ Joaf6e- Harrison 'lough, Esquire Att rney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Kristofer R. Atkinson a CERTIFICATE OF SERVICE I, Connie Lee Limric, secretary to Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document to the following individual via United States mail, postage prepaid, to the address set forth below: Diane Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Date: Connie Lee Limric, Secretary Joanne Harrison Clough, Esquire KRISTOFER R. ATKINSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs w NO. 2010-3513 - rn 7U c� � v -<> e.)(Z:` DEANNA L. ATKINSON CIVIL ACTION-LAW 'S'r Defendant IN CUSTODY ; Previously assigned to Judge Masland �* - `f� ORDER OF COURT t� AND NOW, this ,7 day of kl f ' 2013, the t r the -201- t rtroom FOR THE COURT: Date: J. Distribution:Xxz-r ne Ha rrison Clough, Esquire, 3820 Market Street, Camp Hill, PA 17011 ane G. Radcliff, Vs quire, 3448 Trindle Road, Camp Hill, PA 17011 KRISTOFER R. ATKINSON Plaintiffs v DEANNA L. ATKINSON, Defendant IN THE COURT OF COMMON PLEAS c CUMBERLAND COUNTY, PENNSYLV m A , _,:.. z GT ['r1 _ NO. 2010-3513 cnr 'GI `' CCJ--,--r; CI =) Vi CIVIL ACTION - LAW Z;. „--4r1 IN CUSTODY --t '� --< ) Previously assigned to Judge Masland EMERGENCY PETITION FOR SPECIAL RELIEF TO PREVENT UNAUTHORIZED RELOCATION AND NOW, this day of /p&57 , 2014, comes Petitioner/Plaintiff Kristofer R. Atkinson, by and through his attorney, Joanne Harrison Clough, Esquire and files the following Emergency Petition for Special Relief to Prevent Unauthorized Relocation and in support thereof avers as follows: 1. Plaintiff Kristofer R. Atkinson is represented by Joanne Harrison Clough, Esquire. He is the natural father of the minor children Lola Atkinson, born July 1, 2003 and Maximus Atkinson, born June 6, 2005. 2. Defendant Deanna L. Atkinson was previously represented by Diane Radcliff, Esquire but is not believed to be represented by legal counsel at the present time. She is the natural mother of the minor children Lola Atkinson, born July 1, 2003 and Maximus Atkinson, born June 6, 2005. g3. oso /ad Alt C-#1/30.2) pf3o 93ef 3. In January of 2013, Mother separated from Father and relocated from Virginia to Florida removing them from their Virginia School and enrolling them in school in McNab Elementary School District in Pompano Beach, Florida 33351. 4. Father filed a Petition for Emergency Special Relief Seeking Immediate Return of the Children on March 7, 2013 and the parties stipulated that Pennsylvania would retain jurisdiction of the custody case. A Hearing on the above captioned action was held on May 29 2013, before the Honorable Judge Masland and a subsequent Order was issued granting Mother primary physical custody during the school year and setting forth physical custody times for the Father including the children residing with Father for the majority of the summer. See Attached Exhibit 1. 5. During the 2013-2014 school year, Mother informed Father she wished to relocate with the minor children from Pompano Beach, Florida to Conneaut Ohio during the school year so she could live near her family in Ohio and because she had located employment in Ohio. 6. Father did not contest the relocation to Ohio in part because the children would be closer to him in Virginia and because the children would live closer to their maternal relatives and because Mother claimed to have secured employment although Father was concerned this move was the third change in school districts for the children in an approximate one year period due to Mother relocating two times. 7. Father has recently learned Mother has moved back to Florida to Dania Beach, a different town and school district then where Mother lived in Florida last year. If the minor children relocate with Mother to Florida, this move would result in the children being enrolled in Broward County School District, a fourth school and school district in 18 months due to Mother's repeated relocations. 8. Mother never provided Father with the 30 day advance Notice of her intended relocation in direct violation of 23 Pa.C.S. Section 5337 and failed to provide all of the statutorily specified information regarding said proposed move to Father. 9. Father believes and therefore avers that Mother is relocating to Florida to pursue a romantic relationship and may be intending to reside with a man and that said relocation is not in the best interests or permanent welfare of the minor children. 10. Mother has failed to complete the required criminal background papers and child abuse history notifications required by Pennsylvania law for any individuals that will be residing in the same home as the minor children. 11. Father is enlisted in the United States Marine Corps and currently stationed at Quantico, Virginia where the minor children were residing when Mother unilaterally left the area removing the children from school and transporting them to Fort Lauderdale, Florida in January of 2013 and enrolled them in McNab Elementary School District. 12. Father recently requested and was granted Non Deployment status based on his family situation and believes it is in the children's best interests and permanent welfare that they continue to reside with him and that he re enroll them in Marine Corps Base Quantico Elementary School District, Quantico, Virginia where they were attending school when Mother took them and moved to Florida in January of 2013. See Attached Exhibit 2. 13. Father is of the believe and therefore avers that Mother is not able to meet the burden of proof required un Pennsylvania's Custody Relocation Statute and that her proposed relocation of the children back to Florida to a different city in Florida is not in their best interests. 14. Father is able to provide the children with a stable loving home and the security of attending the same school in the same school district where they attending prior to Mother's first relocation of the children. 15. Mother's life is not stable and this is the third proposed relocation for the minor children in the past 18 months. WHEREFORE, Petitioner/Plaintiff Kristofer R. Atkinson respectfully requests this Honorable Court modify its Custody Order of May 29, 2013 and direct that the minor children remain in Father's physical custody and start school in Quantico, Virginia until Mother complies with Pennsylvania law regarding custody relocation and a relocation hearing can be held before the Court and until further Order of Court. Dated: BY: Respectfully Submitted, JOANNE HARRISON CLOUGH, PC 1111111111114 Joanne`' nNW olo' squire Attorney I.D. No. 3641 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Kristofer R. Atkinson EXHIBIT 1 KRISTOFER R. ATKINSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DEANNA L. ATKINSON, Defendant : NO. 10-3513 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of May, 2013, the Court having received additional testimony from Father regarding his petition for emergency relief, we find that it is in the best interests of the children, Lola Atkinson and Maximus Atkinson, that the following order be entered: 1. The Court retains jurisdiction of this case pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S. Section 5422. 2. Pending the ultimate resolution of this matter and pursuant to the agreement of the parties related in open court, we direct that the physical custody of the children during the summer of 2013 be as follows: a. Following school, Mother will transport the children to Ohio to attend a Soap Box Derby event on or about Saturday, June 15th. b. On Sunday, June 16th, Mother will arrange for one of her relatives to transport the children from Ohio to Father's residence in Quantico, Virginia. They will arrive sometime on Sunday, June 16th, travel permitting. c. Father will have custody of the children for the summer until approximately two weeks before school resumes in Florida. It is the partiesspecific intention that that exchange take place on a weekend, with counsel selecting that weekend after receiving the school schedule from Mother. • d. Father shall have telephone contact with the children at least two days a week, with phone calls initiated by the children to Father on Mondays and Thursdays at 7:00 p.m. The parties further agree that if for some reason Father will not be available to receive the call or if the children are not going to be able to make the scheduled call they shall promptly text that information to the other party to arrange for a different date and time for that call. e. While the children are in Father's custody, he shall cooperate with the Safe Visit Program available through the family counseling services at Quantico. It is the parties' understanding that Takisha Hackler or her designee will make periodic home visits to the house to check on the welfare of the children. The parties also agree that if Ms. Hackler or her designee detect any problems during their visits they shall notify Mother's and Father's counsel promptly. f. Father will cooperate with the family counseling plan set forth in Plaintiff's Exhibit No. 5 and see that he and the children complete the portions of that program while they are in his care and custody. 3. If this matter is not otherwise resolved, a hearing shall be held on Wednesday, August 7, 2013, at 9:30 a.m. Counsel will advise the Court of the need for and timing of a second day for testimony, which may be at a time when Mother could attend in person. Joanne H. Clough, Esquire For Plaintiff Diane G. Radcliff, Esquire For Defendant prs By the Court, Albert H. Masland, In Testimony wher,NA .1 here urItc and the spi...2f said Cojat Cwlisic,, Pa. This .31 day of 20 Proth .Z7 EXHIBIT 2 UNITED STATES MARINE CORPS MARINE CORPS BASE QUANTICO, VIRGINIA 22134-5000 N REPLY REFER TO 1754 B1754 20 May 14 From: Chairperson, Incident Determination Committee To: Commanding Officer, Marine Corps Information and Operations Center Subj: INCIDENT'DETERMINATION COMMITTEE, CASE OF STAFF SERGEANT KRISTOPHER ATKINSON, XXX XX 3450, USMC 1. The Incident Determination Committee (IDC) met on 20 May 2014 to review your case. The incident, referred to the IDC, consisted of the following allegations: ALLEGATION: AO: DEANNA AV: LOLA CkET CRITER CH/PH ATKINSON ATKINSON DID NOT MEET For any "met criteria" determinations, appropriate entries will be made into the Department of Defense (DoD) Central Registry database. 2. This letter serves as official notification of the IDC determination for this incident and the results should be discussed with the service member. Additionally, please provide the service member with a copy of this letter. 3. If the alleged offender or victim disagrees with the determination, either may request an IDC Determination Review, as described in the Statement of Rights (provided to each Family Advocacy Program [FAP] client). The written request for review must be postmarked within thirty days of the date of this letter. The request for review must be addressed to the Installation Commander via the sponsor's command. For more information on requesting an IDC Determination Review, refer to the client's Statement of Rights, attached to this letter. Questions regarding the IDC determination can be addressed to the Family Advocacy Program Manager, Ms. Mary Skinner -Vance, who can be reached at (703) 784-2570. 1 Subj: INCIDENT DETERMINATION COMMITTEE, CASE OF STAFF SERGEANT KRISTOPHER ATKINSON, XXX XX 3450, USMC Christopher B. Edwards, Colonel, USMC Chief of Staff Chief of Staff Signature / Date Signed James McGrath, Major, USMC Command Representative / Family Advocacy Officer Command Representative / FAO Signature / Date Signed Kristopher Atkinson, Staff Sergeant, USMC Sponsor Sponsor Signature / Date Signed 2 VERIFICATION I, Joanne Harrison Clough, Esquire, attorney for Kristofer R.Atkinson, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE: Joanne ison Clo ,h, squire 3820 Market Street Camp Hill, PA 17011 CERTIFICATE OF SERVICE I, Connie Lee Limric, secretary to, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document to the following individual via United States mail, postage prepaid, to the address set forth below: Date: Deanna L. Atkinson 203 SE 5th Street Dania Beach, Florida 33004 Diane Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 ;Jt_ • i• Connie Lee Dime, secretary to Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 Attorney for Petitioner Kristofer Atkinson KRISTOFER R. ATKINSON Plaintiffs V DEANNA L. ATKINSON, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-3513 -a=- -' _ m co Com"". rn ` X7 C', 0►. CIVIL ACTION - LAW c'-. IN CUSTODY <� --t7 c� -71 Previously assigned to Judge Masland c ,6 {;? >E. RULE TO SHOW CAUSE day of , 2014, a Rule is hereby issued against Defendant Deanna L. Atkinson to show cause, if any, why this Emergency Petition for Special Relief to Prevent Unauthorized Relocation should not be granted and the minor children enrolled in school for the 2014 to 2015 school year at Marine Corps Base Quantico Elementary School District, Quantico, Virginia where Father resides. Rule returnable within days of date of service. BY THE COURT: J. Distribution. anne Harrison Clough, Esquire, 3820 Market Street, Camp Hill, PA 17011 D a L. Atkinson, 203 SE 5th Street, Dania Beach, Florida 33004 .-M" other's prior counsel Diane Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 es t 0 FILED -OFFICE CF THE PPOTt ONO1'A R'. 213IiiAUG 12 PM 12:44 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTOFER R. ATKINSON, Plaintiff v. DEANNA L. ATKINSON, Defendant : NO. 10-3513 : CIVIL ACTION - CUSTODY Previously Assigned Judge: : The Honorable Albert H Masland PETITION TO WITHDRAW AS DEFENDANT'S COUNSEL Submitted by Diane G. Radcliff, Esquire, PREVIOUSLY ASSIGNED JUDGE None APPEARANCE FOR PLAINTIFF Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 Telephone: 717-737-5890 Facsimile: 717-737-5892 Email: jhcloughcomcast.net APPEARANCE FOR DEFENDANT Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Telephone: 717-737-0100 Facsimile: 717-975-0697 Email: dianeradcliff@comcast.net DIANE G. RADCLIFF, ESQUIRE Supreme Court ID Number 32112 3348 Trindle Road, Camp Hill, PA 17011 Telephone: 717-737-0100 • Facsimile: 717-975-0697 Email: dianeradcliff@comcast.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTOFER R. ATKINSON, Plaintiff v. : NO. 10-3513 : CIVIL ACTION - CUSTODY DEANNA L. ATKINSON, : Previously Assigned Judge: Defendant : The Honorable Albert H Masland PETITION TO WITHDRAW AS LEGAL COUNSEL AND NOW, this r-2, day of August, 2014, comes the Petitioner, Diane G. Radcliff, Esquire and files the above referenced Petition and represents that: 1. Your Petitioner is Diane G. Radcliff, Esquire an Attorney duly authorized to practice law in the Commonwealth of Pennsylvania and having a principal place of business located at 3448 Trindle Road, Camp Hill, PA 17011. 2. Respondent is Deanna L. Atkinson, who is currently represented by Diane G. Radcliff, Esquire and is the Defendant in the within custody case.. 3. Plaintiff is Kristofer R. Atkinson, and is currently represented by Joanne Harrison Clough, Esquire 4. This is an action for or involving custody. 5. Since Diane G. Radcliff, Esquire has undertaken the representation of Plaintiff, the following events have occurred which make it impossible or impractical for her to continue in this legal representation: A. Defendant has not communicated with Petitioner since the hearing held on August 2013, a period of approximately one (1) year. B. Petitioner has been advised by Plaintiff's counsel that Defendant moved two (2) times since the May 29, 2013 hearing. She did not advise Petitioner thereof, nor provide her with her new address, phone number or other contact information. C. Petitioner originally represented Defendant on a pro bono basis. That pro bono representation ended when Defendant moved out of state. Petitioner undertook the representation of Defendant based on request of the assigned judge so the issue of the relocation could be handled. She has received no payment for that representation. D. Petitioner is no longer doing new custody cases. 6. Petitioner contacted Defendant's legal counsel regarding this Petition and she advised Petitioner that she does not oppose her requested relief. 7 Petitioner sent a letter dated August 7, 2014 to Defendant to her last known mailing address and email address about this withdrawal and has not received a response from Defendant to that letter. 8. This case was previously assigned to the Honorable Albert H. Masland.. WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order granting her leave to withdraw as legal counsel for Defendant, Deanna L. Atkinson. Dated: (Z - Respectfully submitted, (I AI NEG. RADCLIFF, ESQUIRE le Road, Camp Hill, PA 17011 Telephone: (717) 737-0100 Supreme Court ID #32112 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: S l2 f Diane G. Radcliff, Esquire, Petitioner CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on this date I am serving a copy of the foregoing document, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail, Postage Prepaid and Addressed as Follows: Dated: 8) Deanna L. Atkinson 203 SE 5th Street Dania Beach, FL 33304 (Respondent -Defendant) Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 (Attorney for Plaintiff) DIANE . RADCLIFF,•ESQUIR 'Supreme ourt ID #32112 -344-8 nndle Road, Camp Hill, PA 17011 Telephone: (717) 737-0100 KRISTOFER R. ATKINSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v DEANNA L. ATKINSON, Defendant NO. 2010-3513 CIVIL ACTION - LAW IN CUSTODY Previously assigned to Judge Masland COUNTER -AFFIDAVIT REGARDING RELOCATION The party objecting to the Notice of Relocation must file this document with the Prothonotary's Office within thirty (30) days of the receipt of the Notice of Proposed Relocation. I, Kristofer R. Atkinson, file this counter -affidavit regarding the proposed relocation. I received the Notice of Proposed Relocation on August 4, 2014. 1. What are the names and ages of the child(ren) affected by the proposed relocations? Lola Atkinson, age 11 cam—.. -03: r� a Maximus Atkinson, age 9 m 2. Where do this/there child(ren) currently reside? -<o 13276 Adams Street, Quantico, Virginia 22134 Check one of the following boxes: I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to this notice. I do not object to the relocation, but I do object to the modification of the custody order and I request that a hearing be scheduled. I request that a hearing be scheduled a. Prior to allowing the child(ren) to relocate. b. After the child(ren) relocate. CD X I do object to the relocation and I do object to the modification of the custody K.R.A. order, and I request that a hearing be held on both matters prior to the relocation taking place. I understand that I must file this counter -affidavit with the Prothonotary's Office and that I must mail a copy to the other party by certified mail, return receipt requested. I understand that if I fail to file this counter -affidavit and mail a copy to the other party within thirty (30) days of receipt of the proposed relocation notice, I shall be prevented from objecting to the relocation. I verify that the statements made in this counter -affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S., section 4904 (relating to unsworn falsification to authorities). Dated: II{ UZr2Ditt Signature [41's--fofer I. 4m -on Print Name kngC 46013 sf (ilvanis`col 2-2.134 Address (32q) quo -041s Telephone Number CERTIFICATE OF SERVICE I, Connie Lee Limric, secretary to, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document to the following individual to the address(es) set forth below by Certified Mail Return Receipt Requested to: Counsel for Defendant Deanna L. Atkinson Nina M. Crist, Esquire Law Offices of James K. Reed, P.A. 1101 Opal Court Hagerstown, MD 21740 Deanna L. Atkinson 203 SE 5th Street Dania Beach, Florida 33304 Date: Fio9--0 // Connie Lee Li lc, secfry to Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 Attorney for Petitioner Kristofer Atkinson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTOFER R. ATKINSON, Plaintiff : NO. 10-3513 v. CIVIL ACTION - CUSTODY DEANNA L. ATKINSON, : Previously Assigned Judge: Defendant : The Honorable Albert H Masland ORDER OF COURT 04. AND NOW, this day of August, 2014, upon consideration of the within Petition, a Rule is issued upon the Defendant, Deanna L. Atkinson, to show cause why Diane G. Radcliff, Esquire should not be granted leave to withdraw as legal counsel for the Defendant, Deanna L. Atkinson. Rule Returnable 11 Distribution to: BY THE COURT: ✓A�torney for Plaintiff: Joanne Harrison Clough, Esquire, 38/20 Market Street, Camp Hill, PA 17011 ./Attorney for Defendant: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 ----Plaintiff: Deanna L. Atkinson, 203 SE 5'h Street, Dania Beach, FL 33304 CS p2b.[LL, s fap/iy KRISTOFER R. ATKINSON, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. DEANNA L. ATKINSON, DEFENDANT AND NOW, this : 10-3513 CIVIL TERM ORDER OF COURT day of August, 2014, upon consideration of the Plaintiff's Emergency Petition for Special Relief to Prevent Unauthorized Relocation, a hearing is scheduled for Friday, September 5, 2014, at 8:30 a.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Joanne Clough, Esquire 3820 Market Street Camp Hill, PA 17011 For Plaintiff Nina Crist, Esquire 1101 Opal Court Hagerstown, MD 21740 For Defendant :sal aL,Lct, a f aoty fir►, lbert H. Masland, J. KRISTOFER R. ATKINSON Plaintiff/Petitioner v. DEANNA L. ATKINSON Defendant/Respondent .• IN THE COURT OF COMMON PLEAS en -11 • • CUMBERLAND COUNTY, c 1, PENNSYLVANIA s .—_,......0. N CC7 cn NO. 2010-3513 CUSTODY ACTION—LAW Honorable Judge Masland CD DEFENDANT'S ANSWER TO PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF AND NEW MATTER AND NOW COMES, Defendant/Respondent, Deanna Atkinson (hereinafter referred to as "Defendant"), through her counsel, Nina M. Crist, Esquire, of the Law Office of James K. Reed, P.A., and responds to Defendant's Petition by representing unto this Honorable Court the following: 1. Admitted. 2. Admitted in part, denied in part. It is admitted that Defendant is the natural mother of the minor children, namely: Lola Atkinson, born on July 1, 2003, and Maximus Atkinson, born on June 6, 2005. It is denied that Defendant is not represented by counsel; Defendant is now represented by Nina M. Crist, Esquire. 3. Admitted. By way of further answer, Defendant moved from Virginia to Florida, where her sister lives, because Defendant and Plaintiff were having marital problems. Defendant was awarded a restraining order against Plaintiff in Florida to which Plaintiff was ordered to stay away from Defendant and the children until May of 2013. 4. Admitted. By way of further answer, the May 2013 temporary order became a permanent order under Pa. R.C.P. No. 1915.4(b) because after neither party moved for the August 2013 proposed order to become a final order, the custody action is effectively dismissed and any order that remained in effect became the final order. As such, Plaintiff was to return the children to Defendant's care approximately two weeks before school resumes in Florida. Therefore, the children should have been returned on August 4, 2014 so that they could begin school on August 18, 2014. Plaintiff delayed his petition to the court in order to sway the court that the children should stay with him so that he could enroll them in school in Virginia right before summer ended. See May 2013 Order, attached as Exhibit 1. 5. Admitted in part, denied in part. The reason for Defendant's temporary move from Pompano Beach, Florida to Conneaut, Ohio was to take care of her father who was having health issues at the time. The move was always temporary and Defendant always planned to move back to Florida once her father's health stabilized, which she did so. 6. Defendant can neither admit nor deny this allegation. By way of further answer, Plaintiff did not contest Defendant's move back to Florida. See Text Message, attached as Exhibit 2. 7. Denied. Defendant is merely returning to Florida from a temporary move to Ohio. The children will be enrolled in different schools, but will remain within the same school district as before. See Registration Forms, attached as Exhibits 3(a) & 3(b). Further, the children are enrolled in the same football and cheering league that they previously participated in when the children and Defendant moved to Florida. The oldest child, Lola Atkinson, is entering middle school and will be required to attend a new school no matter where she is enrolled. 8. Denied. Defendant provided Plaintiff with notice of her move on July 3, 2014 via text message. Plaintiff did not object or respond to her text message. See Text Message, attached as Exhibit 2. Further, Defendant provided Plaintiff with most of the statutorily specific information on August 3, 2014. It is specifically noted that Defendant was initially pm se at the beginning of this move and she did not fully understand all of the statutory requirements. 9. Denied. Defendant only temporarily went to Ohio to take care of her father. It was always Plaintiff's intent to return to Florida. By way of further answer, Defendant has been in a relationship with Kyle Sawchuk for over one year now, a relationship she maintained long distance during her temporary visit to Ohio. The children have a good relationship with Mr. Sawchuk, have even vacationed with him and Defendant, and continue to maintain a relationship with him via text message. 10. Admitted in part, denied in part. Mr. Sawchuk, who has not yet resided with the children has not been convicted of any major crime nor does he have a history of abuse. See Criminal Record/Abuse History Notification, attached as Exhibit 4. It is specifically noted that Defendant did not complete this form because she was pin se at the time of her move and did not fully understand the requirement. 11. Admitted. By way of further answer, Defendant moved in with her sister in Florida due to the marital problems that she and Plaintiff were having at the time. 12. Denied. Although Plaintiff may currently have Non Deployment status, this status is only temporary and Plaintiff cannot guarantee that he will always have Non Deployment status in the future. Further, Plaintiff's Non Deployment status does not mean that he will not have training exercises that would require him to be away from home. By way of further answer, Plaintiff and Defendant have been following the May 2013 Order and August 2013 proposed order for over one year now. Defendant has maintained primary physical custody of the children during the school year, while Plaintiff has maintained partial physical custody of the children during the summer, spring, and Christmas breaks. 13. Denied. The children have grown up in a military family that has moved based on Plaintiff's military orders. Defendant has not harmed the children by moving to Florida and has always maintained custody of the children during the school year. The children have never been away from Defendant during the school year and are accustomed to living with Plaintiff during their summer, spring, and Christmas breaks from school. 14. Denied. Due to Plaintiff's job in the military, it is unknown whether he may become subject to Deployment status or ordered to a different military base. Further, the children are enrolled in the same activities in Florida that they've previously participated in. The children and Defendant are simply returning to their life in Florida from a temporary move to Ohio to care for Defendant's father. 15. Denied. Defendant has always been stable in Florida and only temporarily visited Ohio in order to take care of her father who had health issues at that time. Further, Defendant's home in Florida is located in a better neighborhood and the children will be attending better schools within the same school district. Defendant has been in a stable relationship with Mr. Sawchuk for over one year and has plans to marry him once she is divorced from Plaintiff. NEW MATTER—DEFENDANT/RESPONDENT'S REQUEST FOR IMMEDIATE RETURN OF THE MINOR CHILDREN TO DEFENDANT'S CUSTODY 16. Defendant/Respondent incorporates the allegations contained in paragraphs 1-15 as if set forth fully herein. 17. That Defendant is currently residing at 203 SE 5th Street, Dania Beach, Florida 33004. 18. That the parties were married on April 10, 2006. 19. That the parties first separated in 2010 when Plaintiff was stationed in the military in Cumberland County, Pennsylvania. 20. That the parties reconciled in 2011 and once again resumed living together. 21. That in November of 2012, the parties moved from Pennsylvania to Virginia when Plaintiff was ordered to the Quantico, Virginia Marine Corps Base. 22. That in January of 2013, Defendant moved with the children into her sister's home located in Pompano Beach, Florida. That the reason for Defendant's move was due to Plaintiff's strange behavior and abuse towards her. 23. That in January of 2013, Defendant was granted a restraining order against Plaintiff in Florida to which Plaintiff was prohibited from coming near Defendant or the children. 24. That during this same time period, Plaintiff filed for custody of the children in Cumberland County, Pennsylvania. , 25. That on May 29, 2013, Judge Masland ordered that during the summer of 2013, Father would have partial physical custody of the children until two weeks before school resumes in Florida, to which the children would then be returned to Defendant's custody. 26. That it was also ordered that a hearing shall be held on Wednesday, August 7, 2013, if the matter was not resolved permanently. 27. That the parties through their counsel, Joanne Clough for Plaintiff, and Diane Radcliff, at that time for Defendant, reached a final agreement and did not hold a hearing on August 7, 2013. See August 2013 proposed order, attached as Exhibit 5. 28. That this proposed order gave the parties shared legal custody of the minor children; Defendant primary physical custody of the children during the school year; and Plaintiff partial physical custody during summer, spring, and Christmas breaks. 29. That the parties have been following this proposed order since August of 2013. 30. That Defendant was assured by her attorney, Diane Radcliff, that Plaintiff's attorney, Joanne Clough, would be filing the final August 2013 proposed order. 31. That Defendant was later informed that Plaintiff's attorney, Joanne Clough, did not file the order because she was under the impression that Plaintiff was deployed in September of 2013. However, it was later learned that Plaintiff was not deployed. 32. That it is not clear why neither party's counsel followed up with their clients to acquire the appropriate signatures and file the August 2013 proposed order. 33. That under Pa. R.C.P. No. 1915.4(b): "if it is not the practice of the court to automatically schedule trials and neither party files a praecipe motion or request for trial within 180 days of filing the pleading, the court shall, sua sponte or on motion of a party, dismiss the matter unless a party has been granted an extension for good cause shown or a court finds that dismissal is not in the best interests of the child." As such, the child custody action should be dismissed in effect causing the May 2013 Order to become the permanent order. 34. That the May 2013 Order requires Plaintiff to return the children to Defendant two weeks before school resumes. That the children begin school in Florida on August 18, 2014; therefore, the children should have been returned to Defendant's custody on August 4, 2014. 35. That Plaintiff now objects to Defendant returning to Florida after she temporarily moved back from Ohio. 36. That Defendant provided Plaintiff with notice of her move back to Florida over two months ago, to which Plaintiff did not object. 37. That Defendant previously lived with her sister in Florida and now lives with her boyfriend, Kyle Sawchuk, in Dania Beach, Florida. 38. That the children have a good relationship with Mr. Sawchuk, have vacationed with Mr. Sawchuk and Defendant, and have maintained a relationship with Mr. Sawchuk via text message. 39. That although the children will be enrolled in a different school from their original school in Florida, the schools are within the same school district. 40. That the oldest child, Lola Atkinson, is entering middle school and will have to attend a new school no matter where she is enrolled. 41. That the children are enrolled in the same football and cheering league that they previously participated in. 42. That the elementary school is only three (3) blocks from Defendant's home and the middle school is only a five (5) minute walls from Defendant's home. 43. That it is in the best interests of the children to follow the same custody arrangement as was ordered in the May 2013 Order and negotiated in the August 2013 proposed order to which neither Joanne Clough, Esquire or Diana Radcliff, Esquire, finalized with the court nor acquired the appropriate signatures. 44. That it is Defendant's belief that Plaintiff did not respond and waited until two weeks before the Virginia school started in order to keep the children, enroll them in a Virginia school, and sway the court that the children should remain with him. 49. Defendant's move back to Florida does not affect Plaintiff and Defendant's current custody arrangement because it still gives Plaintiff custody of the children during the summer, spring, and Christmas breaks. 50. Plaintiff only complains of Defendant's move, but does not allege anything regarding Defendant's skills as a mother. 51. That it is in the best interests of the children for the children to be immediately returned to Defendant's custody so that they can begin school in Florida. WHEREFORE, Defendant/Respondent, Deanna Atkinson, respectfully requests that this Honorable Court: A. DENY Plaintiff/Petitioner's request to modify its May 29, 2013 Custody Order and DISMISS his Petition for Special Relief; B. Deny Plaintiff/Petitioner's request that the minor children remain in Plaintiff's physical custody and start school in Quantico, VA; C. Order Plaintiff/Petitioner to immediately return the minor children to Defendant/Respondent in Dania Beach, FL; and D. For such other and further relief as Defendant/Respondent's cause may require. DATED: �S l ! i ' BY: Respectfully Submitted, JAMES K. REED, P.A. Nina M. Crist, Esquire Attorney I.D. No.: 318010 1101 Opal Court Hagerstown, MD 21740 (301) 714-1141 Attorney for Deanna Atkinson VERIFICATION I verify that the statements made above are true .and correct to the best of my knowledge and belief 1 understand that false statements herein are made subject to the penalties of 18 Pa:C_.S 4904, relating to unsworn falsifications to authorities. tate: 1014 'Mb:4(44\ Deanna Atkinson CERTIFICATION OF SERVICE I, Nina M. Crist, Esquire, hereby certify that on the Oleay of 2014, I served a true and correct copy of the foregoing document to the following address: Service by: Joanne Harrison Clough, Esquire Attorney for Kristofer R. Atkinson 3820 Market Street Camp Hill, PA 17011 Personal service via hand delivery Service by First Class, United States Mail, postage pre -paid, mailed in Hagerstown, MD addressed as indicated Overnight delivery f Facsimile Service to L 7 - -.1-39 -3 lR. Certified/Registered Mail Respectfully Submitted, 44/64 nor Nina M. Crist, Esquire Law Office of James K. Reed, P.A. 1101 Opal Court Hagerstown, MD 21740 Telephone: (301) 714-1141 Facsimile: (301) 714-0840 Attorney for Deanna L. Atkinson EXHIBIT 1 KRISTOFER R. ATKINSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW . DEANNA L. ATKINSON, Defendant NO. 10-3513 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of May, 2013, the Court having received additional testimony from Father regarding his petition for emergency relief, we find that it is in the best interests of the children, Lola Atkinson and Maximus Atkinson, that the following order be entered: 1. The Court retains jurisdiction of this case pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S. Section 5422. 2. Pending the ultimate resolution of this matter and pursuant to the agreement of the parties related in open court, we direct that the physical custody of the children during the summer of 2013 be as follows: a. Following school, Mother will transport the children to Ohio to attend a Soap Box Derby event on or about Saturday, June 15th. b. On Sunday, June 16th, Mother will arrange for one of her relatives to transport the children from Ohio to Father's residence in Quantico, Virginia. They will arrive sometime on Sunday, June 16th, travel permitting. c. Father will have custody of the children for the summer until approximately two weeks before school resumes in Florida. It is the parties' specific intention that that exchange take place on a weekend, with counsel selecting that weekend after receiving the school schedule from Mother. d. Father shall have telephone contact with the children at least two days a• week, with phone calls initiated by the children to Father on Mondays and Thursdays at 7:00 p.m. The parties further agree that if for some reason Father will not be available to receive the call or if the children are not going to be able to make the scheduled call they shall promptly text that information to the other party to arrange for a different date and time for that call. e. While the children are in Father's custody, he shall cooperate with the Safe Visit Program available through the family counseling services at Quantico. It is the parties' understanding that Takisha Hackler or her designee will make periodic home visits to the house to check on the welfare of *the children. The parties also agree that if Ms. Hackler or her designee detect any problems during their visits they shall notify Mother's and Father's counsel promptly. f. Father will cooperate with the family counseling plan set forth in Plaintiff's Exhibit No. 5 and see that he and the children complete the portions of that program while they are in his care and custody. 3. If this matter is not otherwise resolved, a hearing shall be held on Wednesday, August 7, 2013, at 9:30 a.m. Counsel will advise the Court of the need for and timing of a second day for testimony, which may be at a time when Mother could attend in person. Joanne H. Clough, Esquire Por Plaintiff Diane G. Radcliff, Esquire For Defendant prs By the Court, y _ Albert H. Masland, J. 2E c= In Testimony wwhefco% ! Leta uric ::i : , • y3a2i ano thea sse,,of said Co at Ca:iiste. Pa. This 41115' -41 ay of 2J froth Thu, Jul 3, 6:19 PM hAvin inf-do/A6. black to you u ti rJ LJ:J The, Jul 8, 7:33 PM CI Ire r1'G Wed, Jul 9, 2:00 PM Sin ,11I mcoxliih ricd..111.t 'drat 2© PRYVIOUS SCnoOLEXPKRIvNCB: Has The &faded preriaastl •funded a vaiin rbE3 ir./ UI r • * Private Qom? Yap /1•t1 7.a War are Firmagtem VS Scbet OKesidi d Florida? Yee NCI km. riMr...ss4 7 ` trio Moil Outside One US? Yes NC] Me�rr NNW dia. riled {r�jrested fire aware wade?} Tea f No . la a Home�t Progwn? Y. J r4o0" in £ osal St dart Edi*Gi#M* {I )?Yee 0 . is a Msdaet Program? - YernNs12 aapdiedaasatsaet? Y.. tr.; oat 504 tea? xun KIRI is as ESOL pram? _ Ya© N.Vil convicted ea Malay? Yes tte21 mid& aftie USA? Yi N. IIyarrelW pivoisenk bad softie et. tlrUAW grove mak aMinformer &UlmWend sled la SEIM! PLEASE COMPLETE BOTH SIM OF THIS FORMI OLSEN MIDDLE SCHOOL. 330 S.E. 11th TERRACE DAIV1A BEACH, FL 33004 uNaas` 91r.b? THE SCHOOL BOARD OF RROWARD COUNTY, FLORIDA wrtlnvNT PROSTRATION FORM 1N9st EXHIBIT 1 '1-5 001k.ak ws. lestura Wbe rapider' doe Maud PA, am! idol till_ 181T9* r,171:1141a= we/ abe N' rtosoftthes h.HstkitaIIwheel+n.� Student (Legal Last augiazoA Address Hate r>,. First IYl606 SS Mi Ca PlowPseud moil devioa.aa 3d Ivan R satoos Striae MIN Misdeals' Social Seco ty Numbers *mast required ler eur l e t or F.S. tWS$.3e6 requires SBBC ie use Mt SS.N.'tor totrososemea {:YiiLtista male E=1 Glad! Lana Ethnicity: is the student of Hispanic, Latino or Spanish origin? Yea Ne 1-1 Race White I �[ I Native Asides& l--� ��/ Nath* Meeks* 1.....J Black Native 1-1 "Ill Pod& blearier Birgit Date State or Ceesery Oh () DIsittplima city i14btL/ t Student Lives with: Setif Paresis r Midler Fi t n• ( reistioaskip to stoical) Parents' Marital Ste Married Diverted Separated Wideso(.r) Other s (optional) PREVIOUS SCHOOL EXPERIENCE: Has the 'West previously altaaded t O wok 1% NSW rerYK YwEIeV1 Florida Private Scheel? FP+►[ri.tu roe eirr..l Ye NaQ rggatine) yr*. VS Schad Outride of Merida? iMr++r..rt.r.r owns new tww. Sdooad Onside of The US? Vas ED eis hare l hal. ED At.r admin Hits lie at.tieat prtvle.rb. retailed Wale. t. • lo a Hese E lowatioa Prelims. Yas Ei N4K1 • Yu. ExcepH..al Student Ed ail.. (ESE)? Ys Q N.KI is s Moet Programa? expelled Brea easel? es a 5•4 pine? isaVIOLpogrom? tut 1 Na cowrie:WI ohs td.sy2 YsQ *dig media of the USA? wrier Mit !ice 1irMNNW' gleeUmtata Stmess, state theTear AN tilt resat wheel la Ow USA: PLZASE COMPLETE BOTH SIDES OP THIS POEM Fera 4Ta9 (Rev. 7/12) Y -E J N. PS1E614 EXHIBIT KRISTOFER R. ATKINSON IN THE COURT OF COMMON PLEAS • CUMBERLAND COUNTY, Plaintiff/Petitioner : PENNSYLVANIA v. : NO. 2010-3513 DEANNA L. ATKINSON : CUSTODY ACTION—LAW Defendant/Respondent Previously assigned to Judge Masland CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I Deanna L. Atkinson, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Date of conviction, guilty Check plea, no all Other contest plea or that household pending apply Crime Self member charges Sentence ❑ 18 Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal homicide) ❑ 18 Pa.C.S. § 2702 o o (relating to aggravated assault) ❑ 18 Pa.C.S. § 2706 o o (relating to terroristic threats) ❑ 18 Pa.C.S. § 2709.1 o o (relating to stalking) ❑ 18 Pa.C.S. § 2901 o o (relating to kidnapping) ❑ 18 Pa.C.S. § 2902 o o (relating to unlawful restraint) ❑ 18 Pa.C.S. § 2903 o o (relating to false imprisonment) o 18 Pa.C.S. § 2910 o o (relating to luring a child into a motor vehicle or structure) o 18 Pa.C.S. § 3121 (relating to rape) o 18 Pa.C.S. § 3122.1 (relating to statutory sexual assault) o 18 Pa.C.S. § 3123 o o (relating to involuntary deviate sexual intercourse) o 18 Pa.C.S. § 3124.1 o o (relating to sexual assault) o 18 Pa.C.S. § 3125 (relating to aggravated indecent assault) o 18 Pa.C.S. § 3126 (relating to indecent assault) o 18 Pa.C.S. § 3127 (relating to indecent exposure) o 18 Pa.C.S. § 3129 (relating to sexual intercourse with animal) o 18 Pa.C.S. § 3130 (relating to conduct relating to sex offenders) o 18 Pa.C.S. § 3301 (relating to arson and related offenses) o 18 Pa.C.S. § 4302 (relating to incest) o 18 Pa.C.S. § 4303 (relating to concealing death of child) o 18 Pa.C.S. § 4304 (relating to endangering welfare of children) o 18 Pa.C.S. § 4305 (relating to dealing in infant children) o 18 Pa.C.S. § 5902(b) (relating to prostitution and related offenses) o 18 Pa.C.S. § 5903(c) or (d) (relating to obscene and other sexual materials and performances) o 18 Pa.C.S. § 6301 (relating to corruption of minors) o 18 Pa.C.S. § 6312 (relating to sexual abuse of o children) o 18 Pa.C.S. § 6318 (relating to unlawful contact with minor) ❑ 18 Pa.C.S. § 6320 (relating to sexual ❑ o exploitation of children) ❑ 23 Pa.C.S. § 6114 (relating to contempt for o o violation of protection order or agreement) ❑ Driving under the influence of drugs or 5/26/10 ARD alcohol Guilty plea ❑ Manufacture, sale, delivery, holding, offering o o for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all Other that household apply Self member Date ❑ A finding of abuse by a Children & Youth Agency or similar ❑ ❑ agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under the Protection from Abuse Act o ❑ in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ o 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. The DUI conviction applies to Defendant's household member, Kyle Sawchuk. Mr. Sawchuk's date of birth is April 30, 1980; he currently has no relationship to the children, but there are plans for Mr. Sawchuk to become the children's stepfather. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: CYS was called to Plaintiff's home in the summer of 2013; however, Defendant is not aware of the outcome or follow-up of that visit. 1 verify that the information above is true and correct to the best of my knowledge, information or belief : 1 understand that false statements herein are made subject to the penalties of i$ Pa.C.S: § 4904 relating to unsworn falsification to authorities: 0 1,.. __AJAita . Deanna Atkinson Date J n1 EXHIBIT KRISTOFER R. ATKINSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v DEANNA L. ATKINSON, Defendant NO. 2010-3513 CIVIL ACTION - LAW IN CUSTODY Previously assigned to Judge Masland ORDER OF COURT AND NOW, this day of August, 2013, pursuant to agreement of the parties regarding custody of the minor children , Lola Atkinson, born, July 1, 2003, and Maximus Atkinson, born, June 6, 2005, it is hereby Ordered and Decree that : 1. Plaintiff/Petitioner is Kristofer Atkinson he is the natural father of the minor children, Lola Atkinson, born, July 1, 2003, and Maximus Atkinson, born, June 6, 2005. He is currently stationed with the United States Marine Corps in Quantico, Virginia. He is represented by Joanne Harrison Clough, Esquire. 2. Defendant Deanna L. Atkinson is the natural mother of the minor child. She is currently residing at a "confidential location" in Broward County, Florida. She is represented by Diane G. Radcliff, Esquire. 3. Mother Deanna L. Atkinson and Father Kristofer Atkinson shall have shared legal custody of the minor children. Both parents shall have the right to participate in making decisions of importance in all major parenting decisions regarding the children's health, safety, education and welfare including medical, educational and religious decisions. Both parents shall be entitled to equal access to the children's school, medical, dental and other important records. As soon as practical after receipt by a party, copies of the children's school schedules, special events notifications, report cards, and similar notices shall be provided to the other party. Each party shall notify the other of any medical, dental, optical or other appointments of the children with health care providers, sufficiently in advance, where possible, so the other party can attend if he or she so desires. Notwithstanding the shared legal custody status of each parent, non -major decisions involving the children's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Order. 4. Mother Deanna L. Atkinson shall have primary physical custody of the minor children. 5. Father Kristofer Atkinson shall have partial physical custody of the minor children as follows: A. For a period in Miami sometime the week of Aug 14 to 20th before he deploys. B. The Christmas break C. The spring break and summer. D. When Summers are 10 weeks or more, then from 1 week after school through 1 week before school starts in fall; subject to 1 week for Deanna in July or mid summer. E. When Summers are 11 weeks or more, then from 1 week after school through 1 week before school starts in fall; subject to 2 weeks for Deanna in July or mid summer. 6. Father shall be permitted to contact the children via telephone, Skype or other forms of communication and Mother shall refrain from preventing Father from communication with the children when he calls, Skypes, etc., or in preventing the children from communication with Father, provided that the phone calls are not excessively frequent not too long in duration or at inappropriate times such that they disrupt the child's schedule. 7. Deanna to complete the parent counseling the military recommended with her therapist in Florida. 8. Father will follow any recommendations the current investigation may make for him. 9. Both parties will attend a psychiatric evaluation administered by a psychiatrist in Florida mutually agreed upon between the parties to begin in January 2014. Father shall pay the full cost of said psychiatric evaluation. FOR THE COURT: Date: By: J. Distribution: Joanne Harrison Clough, Esquire, 3820 Market Street, Camp Hill, PA 17011 Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 KRISTOFER R. ATKINSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v DEANNA L. ATKINSON, Defendant NO. 2010-3513 CIVIL ACTION - LAW IN CUSTODY Previously assigned to Judge Masland PROOF OF SERVICE I, Connie Lee Limric, secretary to, Joanne Harrison Clough, hereby attest that I served a certified copy of the Counter- Affidavit Regarding Relocation on Defendant, Deanna L. Atkinson and her legal counsel, Nina M. Crist, Esquire, on August 20, 2014, by Certified United States Mail/Return Receipt. See attached copy of the August 20, 2014 correspondences and Return Receipts. Date: Connie Le`Limric, secretary to Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 JOANNE HARRISON CLOUGH, PC ATTORNEY AND COUNSELOR AT LAW Joanne Harrison Clough, Esquire Email: cloughlaw@comcast.net Website: www.jharrisonclough.com 3820 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 717.737.5890 TELEFAX 717-737-5892 August 20, 2014 Via Certified Mail/Return Receipt Requested Nina M. Crist, Esquire Law Offices of James K. Reed, P.A. 1101 Opal Court Hagerstown, MD 21740 RE: Kristofer Atkinson v Deanna L. Atkinson Counter -Affidavit Regarding Relocation Dear Attorney Crist: I am enclosing a copy of Counter -Affidavit that I filed on behalf of Kristofer Atkinson for your file with a copy of the letter that I forwarded to your client serving her with a copy of the same. JHC/cll Enclosures Sincerely, Connie Lee Lihiric, secretary to Joanne Harrison Clough SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: AbittA rn COST / G¢ 1 F2'e --Fi c& yt?A. 116% 0x0 -1 (“,tvi riA 6 2.11€/0 1 A.. Signature x✓ MPLETE THIS SECTION ON DELIVERY ❑ Agent ❑ Addressee B. Floceived by (Printed Name) C. Date of Delivery D. ILs delivery address different from item 1? 0 Yes li` YES, enter delivery address below: 0 No 3. Se ce ertifie .I Mail ❑ Express Mail ❑ Registered Return Receipt for Merchandise ❑ Insured Mall 0 C.O.D. 4. Restricted DeliVery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service labeq PS Form 3811, February 2004 7010 0780 0001 5285 8103 Domestic Return Receipt 102595-02-M-1540 JOANNE HARRISON CLOUGH, PC ATTORNEY AND COUNSELOR AT LAW Joanne Harrison Clough, Esquire Email: cloughlaw@comcast.net Website: www.jharrisonclough.com 3820 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 717-737-5890 TELEFAX 717-737-5892 August 20, 2014 Via Certified Mai1fReturn Receipt Requested Deanna L. Atkinson 203 SE 5th Street Dania Beach, Florida 33304 Kristofer Atkinson v Deanna L. Atkinson Counter -Affidavit Regarding Relocation Dear Ms. Atkinson: I am enclosing a copy of Counter -Affidavit that I filed on behalf of Kristofer Atkinson for your records with a copy of the letter that I forwarded to your legal counsel serving her with a copy of the same. Sincerely, Connie Lee Limric, secretary to Joanne Harrison Clough JHC/cll Enclosures SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Oea.‘"V"N C 41"-V-1,ASON fa .0—S -‘4.‘ ST VA:7er \)1" ‘4- kle 41011-dt ask I 3330(4 D. Is delivery address dlffernt from item 1 • Yes If YES, enter delivery address below: 0 No 3. Service Type rtifled Mail 0 Express Mall O Registered ---j291eturn Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) \ 2. Article Number (Transfer from service label) 0780 0001 5285 8110 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 KEISTOFER R. ATIONSON Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO. 2010-3513 DEANNA L. ATKINSON : CUSTODY ACTION—LAW DefendantiRespondent Honorable Judge Masland (-) rn PRAECIPE TO WITHDRAW APPEARANCE cn r— > c_D Please withdraw the appearance of Diane G. Radcliff, Esquire on behalf of thEic Defendant/Respondent, Deanna L. Atkinson. TO TILE PROTHONOTARY: Date: PRAECIPEFOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter Nina M. Crist, Esquire's appearance as counsel for Defendant/Respondent, Deanna L. Atkinson. Papers may be served at the address set forth below: Date: q/4-/ • Nina M. Crist, Esquire Law Office of James K. Reed, P.A. 1101 Opal Court Hagerstown, MD 21740 Nina M. Crist, Esquire ( CERTIFICATION OF SERVICE I, Nina M. Crist, Esquire, hereby certify that on the day of 2014, I served a true and correct copy of the foregoing document to the following address: Service by: Kristofer R. Atkinson, Plaintiff/Respondent by his attorney, Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 Personal service via hand delivery Service by First Class, United States Mail, postage pm -paid, mailed in Hagerstown, MD addressed as indicated Overnight delivery Facsimile Service Certified/Registered Mail Respectfully Submitted, a7-tf Nina M. Crist, Esquire Law Office of James K. Reed, P.A. 1101 Opal Court Hagerstown, MD 21740 Telephone: (301) 71.4-1141 Facsimile: (301) 714-0840 Attorney ID#: 318010 Attorney for Deanna L. Atkinson KRISTOFER R. ATKINSON, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIAA V. DEANNA L. ATKINSON, DEFENDANT : 10-3513 CIVIL TERM ORDER OF COURT AND NOW, this f day of September, 2014, following an expedited hearing on Father's Petition for Special Relief to Prevent Mother's Relocation to Florida, we find that it is in the best interest of the children, Lola, born July 2003, and Maximus, born June 2005, that Mother's relocation to Florida be approved and that the children begin school in Florida as soon as possible. This order is entered without prejudice to Father to request a full hearing prior to the children's Christmas break in December, should he desire to present new, relevant information to the court. In addition to approving the relocation, we ORDER AND DIRECT as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their children. -r-- Cr) 0 r`s) a. Major parental decisions concerning their children, including, but not limited to, their children's health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in their children's best interests. b. Absent an emergency, neither parent shall obtain medical care and/or have an initial interview with any health caregiver in the absence of the participation of the other parent. c. Any parent granted sole or shared legal custody has the right to access the child's medical, dental, religious and school records, 10-3513 CIVIL TERM the address of the child and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their children's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning their children's progress and welfare. e. Both parents shall arrange for the children's school to provide both parents identical information. Both parents shall provide to the other parent on a weekly basis, all school papers, projects, or other products of the children's development, and mutually share those items as fully as possible. f. The parents shall, in advance, discuss and attempt to reach a mutual agreement regarding the following matters: their children's enrollment or termination in a particular school or school program, advancing or holding their children back in school, authorizing enrollment in college, authorizing their children's driver's license or purchase of an automobile, authorizing employment, authorizing minor children's marriage, enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. g. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their children. h. Parents shall civilly and respectfully communicate about co - parenting legal custody issues and changes in schedules in person and via letters, faxes, texts or e-mail, whichever means is most appropriate for the matter, 2. No Conflict Zone and General Rules of Conduct: a. The parents shall not alienate the affections of their children from the other parent or the other parent's extended family and shall make a conscious effort not to do so. To the extent possible, the parents shall prevent third parties from alienating the children's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No -Conflict Zone for their children and refrain from making derogatory or uncomplimentary comments about the other parent in the presence of their children and to the extent possible, shall not permit third parties from making such -2- 10-3513 CIVIL TERM comments in the presence of their children while in their physical custody, whether they are sleeping, awake or in another room. c. It shall be the duty of each parent to uphold the other parent as one the children should respect and love. d. Each parent shall speak. respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. e. The parents shall refrain from encouraging their children to provide reports about the other party. Communication should always take place directly between parents, without using their children or others as an intermediary or spy on the other parent. It is harmful to the children to be put in the role of a spy. f. The children shall be protected by the parents from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall avoid contact with such individuals of poor character because it sets a bad example and may corrupt the morals of the children. g. The parents should remember that they cannot teach the children proper moral conduct by engaging in improper conduct themselves. Children are quick to recognize hypocrisy and the parent who maintains a double standard will lose the respect of his or her children. h. The parents shall not permit their children to be exposed to or participate in interactive excessively violent video games based upon their understanding that violent video games increase aggression, physiological desensitization to violence and decreases pro -social behavior. i. The parents shall not conduct arguments or heated conversation when they are together in the presence of their children. j. It is in the children's best interest for the parents and all adults to understand that the children are trying to cope with the custody litigation and related issues, and need help in loving both parents, rather than interference or censure. k. At all times, the parents shall consider the children's best interests and act accordingly. -3- 10-3513 CIVIL TERM Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their children, as outlined in Paragraph 4 herein. b. • All physical custodial exchanges shall be handled professionally, under a "no conflict zone," abiding by all techniques set forth in reputable parental educational materials, to avoid conflict, anxiety, and other emotional harm to the children. c. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern or interest to the other parent. d. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their children at the time of the emergency shall be permitted to make any necessary immediate decisions. e. In the event of a child's serious illness, the parent then having physical custodial responsibility shall immediately inform the other parent by telephone or any other means, as to the nature of the illness. During such illness, each parent shall have the right to visit the child, consistent with the medical status of the child. f. If a child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parent at the custodial exchanges. An adequate supply of the children's recommended nutritional supplements and non-prescription medication and supplies, if any, shall be maintained by each parent. g. The parent with physical custodial responsibilities for their children during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. h. Each parent shall promptly notify the other parent of, and invite him or her to, major events in the children's lives, including graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. When the children is/are not with a parent during the weekend, that parent may telephone one time with the children during the -4- 10-3513 CIVIL TERM weekend to speak with them, as well as periodically during the week, as needed, without being intrusive. j. The parents will not deviate from the regular custody schedule because of their children's birthday. k. Each parent shall promptly and politely respond to the other parent's telephone calls, text messages, faxes and emails regarding the children. 4. Physical Custodial Responsibility Schedule: a. Mother shall have primary physical custody during the school year, until further order of court or agreement by the parties. b. Father shall enjoy periods of physical custody during the school year as follows: (1) Christmas break.. (2) Spring break. (3) Summer: (i) When summers are 10 weeks or more, from one full week after school through one full week before school starts in the fall; subject to one week for Mother in July. (ii) When summers are 11 weeks or more, from one full week after school through one full week before school starts in the fall; subject to two weeks for Mother in July. (4) Such other times as the parties agree. 5. General Custodial Schedule Provisions: a. The parents may revise this schedule upon written agreement and should be flexible for the sake of the children. b. Each parent shall have the option of proposing time or date variations to the other parent when special recreational or other unexpected opportunities arise. -5- 10-3513 CIVIL TERM c. In the event certain provisions in this parenting plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. d. If either parent or the children have plans which conflict with a scheduled visit and wish to change visitation, the parents should make arrangements for an adjustment acceptable to the schedules of everyone involved and should be flexible for the sake of the children. e. The children should be consulted as to their schedules when appropriate. f. Visitation rights shall be exercised at reasonable hours and under circumstances reasonably acceptable to the other party and to the needs and desire of the minor children. g. If a parent finds themselves unable to keep an appointed exchange time or other appointment for the children, they should give immediate notice to the other parent, so as to avoid subjecting the children to unnecessary apprehension and failure of expectations. h. The parent relinquishing physical custodial responsibility should prepare the children both physically and mentally for the transfer of custody to the other parent and have them available at the time and place mutually agreed upon. 6. Transportation: Unless otherwise agreed upon by the parties, the costs for transportation shall be equally shared. 7. Electronic Contact: a. Each parent shall be entitled to reasonable (not excessive) e-mail and/or text messaging contact with their children when in the custody of the other parent. Both parents shall establish an e-mail address for themselves and their children for e-mail communication or Skype between the parents concerning parenting issues and communication with their children. b. The custodial parent shall send an e-mail once a week to update the other parent about his or her observations of the children's emotional, mental, physical status and/or developmental milestones. 8. Relocation: Relocation is defined as a change in residence of the child which significantly impairs the ability of a non -relocating party to exercise custodial rights. No relocation shall occur unless every individual who has custody rights to the child consents to the proposed relocation or the court -6- 10-3513 CIVIL TERM approves the proposed relocation. If a party seeks to relocate, that party shall notify every other individual who has custody rights to the child. Both parties must follow the statutory requirements contained in 23 Pa.C.S. § 5337. Specifically, the relocating party must notify every other individual who has custody rights to the child by certified mail, return receipt requested. The notice must then comply with the following requirements: a. Notice must be sent no later than: (1) the 60th day before the date of the proposed relocation. (2) the 10th day after the date that the individual knows of the relocation if the individual did not know and could not reasonably know of the relocation in sufficient time to comply with the 60 day notice requirement and it is not reasonably possible to delay the date of relocation so as to comply with the 60 day notice requirement. b. Unless otherwise excused by law, the following information must be included in the notice: (1) the address of the intended new residence. (2) the mailing address, if not the same as the address of the intended new residence. (3) names and ages of the individuals in the new residence, including individuals who intend to live in the new residence. (4) the home telephone number of the intended new residence, if applicable. (5) the name of the new school district and school. (6) the date of the proposed relocation. (7) the reason(s) for the proposed relocation. (8) a proposal for a revised custody schedule. (9) any other information which the party proposing the relocation deems appropriate. (10) a counter -affidavit as provided under subsection (d)(I) which can be used to object to the proposed relocation and modification of a custody Order. (11) a warning to the non -relocating party that, if the non - relocating party does not file with the court an objection to the proposed relocation within 30 days after receipt of notice, non -relocating party shall be foreclosed from objecting to the relocation. -7- 4 10-3513 CIVIL TERM c. If any of the aforementioned information is not known when the notice is sent but is later made known to the party seeking the relocation, then that party shall promptly inform every individual who received notice. d. If the non -relocating parent objects to the proposed move, he/she must do so by filing the counter -affidavit with the court and the other party within 30 days. The notice of objection to the opposing party must be sent by certified mail, return receipt requested. If no objection is made in the manner set forth above then it shall be presumed that the non -relocating parent has consented to the proposed relocation and the court will not accept testimony challenging the relocation in any further review of the custodial arrangements. e. The court shall hold an expedited full hearing on the proposed relocation after a timely objection has been filed and before relocation occurs. The court may permit relocation before a full hearing if the court finds that exigent circumstances exist. 9. Counseling: a. The parents shall enroll, as needed, in private individual therapeutic counseling to maintain their optimum mental health as a parent. b. The parents shall enroll in co -parenting counseling, as needed, to co -parent their children in accordance with this order. c. The parents shall enroll their children in private individual counseling or psychotherapy, as needed, to maintain their optimum mental health after notification and discussions with the other parent, unless said advance notification is determined by a licensed professional, not to be in the best interests of the children. ..V -Joanne Clough, Esquire 3820 Market Street Camp Hill, PA 17011 For Plaintiff Nina Crist, Esquire 1101 Opal Court Hagerstown, MD 21740 For Defendant ises fr2.4 By the Court, -8- sal