HomeMy WebLinkAbout02-3770 (2)OM CSC"
&U ULAKIS
Kara W. Haggerty, Esquire
Attorney LD. #: 86914
2 West High Street
Carlisle, PA 17013
(717) 249-0900
TABITHA N. JONES
(now Tabitha Shirley)
Plaintiff/Respondent
V.
MICHAEL J. FRY ,
Defendant/Petitioner
FILED-OFFI :
OF THE PROTHONOTARY
2011 DEC 28 PM 2: 03
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3770CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
AND NOW, comes the Petitioner, MICHAEL J. FRY, by and through his
attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully
petitions for modification of custody, and in support thereof avers the following:
1. Petitioner is Michael J. Fry, Defendant/Petitioner (hereinafter referred to as
"Father"), who currently resides at 1050 Alexander Spring Road, Carlisle,
Cumberland County, Pennsylvania and is represented by Kara W. Haggerty,
Esquire, of Abom & Kutulakis, L.L.P.
2. Respondent is Tabitha N. Jones, now Tabitha Shirley, Plaintiff/Respondent
(hereinafter referred to as "Mother"), who currently resides at 263 B Marshall
Road, Carlisle, Cumberland County, Pennsylvania and represented by Dirk Berry,
Esquire, of the Law Office of Dirk Berry.
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3. On or about September 22, 2006, the court entered an Order, wherein the parties
share legal custody of Mia Fry (hereinafter referred to as "Minor Child"). Primary
Physical Custody was granted to Mother and Father was awarded Partial Physical
Custody on alternating weekends and one overnight per week. See, Order attached
hereto and made a part hereof marked "Exhibit A".
4. The Order was signed by the Honorable Edgar B. Bayley.
5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by
reference as though set forth in full.
6. This Agreement should be modified because:
a. Mother's work schedule requires her to hire a babysitter during daytime
and early nighttime hours to watch the Minor child, while Father's work
schedule would not require Father to obtain babysitter services.
b. Communication between the parties has broken down.
i. Mother refuses to share information regarding childcare providers for
the Minor Child.
ii. Mother moved out of her home for a day and did not inform Father
that the Minor Child was staying somewhere else.
iii. Mother is very quick to become angry and lose her temper or patience
when communicating with Father regarding the Minor Child.
c. The Minor Child's home life is unstable at Mother's home for the
following reasons:
i. It is believed and therefore averred that Mother and her current
husband are going to divorce.
ii. Father has had to pick up the Minor Child in the middle of the night
due to physical arguments between Mother and her current husband.
iii. The Minor Child constantly hears Mother and her current husband
fighting.
iv. It is believed and therefore averred Mother will be relocating as soon as
she has the funds available.
d. The Minor Child would be in a stable environment living with Father.
e. It is believed and therefore averred that Mother has recently had changes
to her anti-psychotic medication which causes communication and
interaction with her to be very unpredictable.
WHEREFORE, the Petitioner requests that this Court modify the existing Custody
Order and grant Shared Legal Custody to the parties, Primary Physical Custody to Father
and Partial Physical Custody to Mother on alternating weekends and one night a week.
Respectfully submitted,
DATE i -2- Z?i II
Awm & KUTULAK s, L.L.P.
I`VC1Lt lC?. 0Lh,
Kara W. Haggerty, Esquir
Supreme Court ID 8 9 4
2 West High Street
Carlisle, Pennsylvania 17013
(717) 249-0900
Attorney for Petitioner/Defendant
I, MICHAEL FRY, verify that the statements made in this Motion to Modify Custody are
true and correct to the best of my knowledge, information, and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Date /02-/1-/ _ 4'
MIC L FR
TABITHA N. JONES,
PLAINTIFF
V.
MICHAEL J. FRY,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 02-3770 CIVIL TERM
ORDER OF COURT
AND NOW, this 12- ?---day of September, 2006, following a hearing
on the merits, IT IS ORDERED:
(1) All prior custody orders are vacated and replaced with this order.
(2) Tabitha N. Jones and Michael J. Fry shall have shared legal custody of their
daughter, Mia E. Fry, born February 25, 2002.
(3) The mother shall have primary physical custody of Mia.
(4) The father shall have periods of temporary physical custody as follows:
(a) Starting in 2007, from the first Sunday in June until the last Sunday
before Mia starts kindergarten, and after 2007 starting on the first Sunday Mia is
on summer vacation from school (rather than from the first Sunday in June as in
2007), during alternate weeks from Sunday at 6:00 p.m. until the following
Sunday at 6:00 p.m.
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evening until Monday morning when he shall return Mia to daycare cho61
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and one day during each week, upon reasonable notice, from after.,* finis
work until the next morning when he shall return Mia to daycare or 9'b o
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EXHIBIT
02-3770 CIVIL TERM
(5) The holiday schedule shall be as follows:
(a) Thanksgiving: The parents shall alternate Thanksgiving from 9:00
a.m. to 3:00 p.m. (Block A), and 3:00 p.m. to 9:00 p.m. (Block B). The father
shall have Mia during Block A in even numbered years and Block B in odd
numbered years. The mother shall have Mia for Block A in odd numbered years
and Block B in even numbered years.
(b) Christmas: Christmas shall be divided into two Blocks. Block A shall
be from 12:00 noon on Christmas Eve to 12:00 midnight Christmas Eve. Block B
shall be from 12:00 midnight Christmas Eve to 10:00 p.m. on Christmas Day.
The father shall always have Mia during Bock A, and the mother shall always
have her during Block B.
(c) Easter: The parents shall alternate Easter from 9:00 a.m. to 3:00 p.m.
(Block A), and 3:00 p.m. to 9:00 p.m. (Block B). The father shall have Mia during
Block A in even numbered years and Block B in odd numbered years. The
mother shall have Mia during Block A in odd numbered years and Block B in
even numbered years.
(d) Mother's Day/Father's Day: The mother shall have Mia on Mother's
Day and the father shall her on Father's Day.
(e) Mia's Birthday: The parents shall arrange for both of them to be with
Mia at times during her birthday.
By the Caartn
Y
Edgar B. Bayley, J.
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AND NOW, this day of December 2011, I, Kara W. Haggerty, Esquire, of
Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the
foregoing Petition for Modification of Custody, upon the Plaintiff by depositing, or causing
to be deposited, same in the United States Mail,, postage prepaid addressed to the following:
Tabitha N. Jones (now Tabitha Shirley)
263 B Marshall Road
Carlisle, PA 17013
Re.rpondent/Plaintiff
AND
Dirk Berry, Esquire
Law Offices of Dirk Berry
44 S. Hanover Street
Carlisle, PA 17013
Attorney for the Despondent/Plaintff
Respectfully submitted,
Abom & KKutulaks, L.L.P.
r
Kara W. Haggerty, Esgtit
Attorney ID No. 869tij
2 West High Street
Carlisle, PA 17013
(717) 249-0900
Attorney for the Petitioner/ Defendant
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Kara W. Haggerty, Esquire
Attorney I.D. #: 86914 -3 pig 3: 30
CUMBERLAN
2 West High Stree
Carlisle, PA 17013 D
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(717) 249-0900
TABITHA N. JONES, IN THE COURT OF COMMON PLEAS
(now Tabitha Shirley) CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO. 02-3770
MICHAEL J. FRY, CIVIL ACTION - LAW
Defendant IN CUSTODY
I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy
of the Petition for Modification of Custody, upon the Plaintiff, by depositing, or causing to
be deposited, same in the U.S. mail, certified mail, postage prepaid, on Tabitha Shirley, at
Carlisle, Pennsylvania, addressed as follows:
Tabitha N. Shirley
263 B Marshall Road
Carlisle, PA 17013
Return card acknowledging receipt on December 29, 2011, is attached as Exhibit
«A„
ABOM & KUTULA"S, L.L.P.
Date: ( U:? 12-
Kara W. Haggerty,
Attorney I.D. No.:
2 West High Street
Carlisle, PA 17013
4717)249-0900
Attorney for Plaint
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item 4 H Restricted Delivery Is deX Agert
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so that we can return the card to B: R am C.
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¦ Attach this card to the hack of the or on the front If space permits.
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EXHIBIT `A"
TABITHA N. JONES N/K/A TABITHA IN THE COURT OF COMMON PLEAS OF
SHIRLEY
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIR-
V
. 2002-3770 CIVIL ACTION LAW
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MICHAEL J. FRY -Q ?
DEFENDANT IN CUSTODY =C3
ORDER OF COURT
AND NOW, Friday, Januar y 06, 2012 ,, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 02, 2012 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide Grounds for entry of a temporary or pennanent 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/ Hubert X. Gilroy, Esq. ,rr?--/
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
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Telephone (717) 249-3166
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TABITHA N. SHIRLEY,
Plaintiff
v
MICHAEL J. FRY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2002-3770 CIVIL ACTION - LAW
IN CUSTODY
MEMORANDUM TO THE COURT ADMINISTRATOR'S OFFICE
This case was previously handled by Judge Bayley so it needs to be assigned most likely to
Judge Placey or Judge Peck. Based upon the number of witnesses father suggests he may call to
testify, the court should set aside one full day for a hearing in this matter.
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Date: February ? 3 2012 Hubert X. Gilr, Esquire
Custody Co iliator
TABITHA N. SHIRLEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v 2002-3770 CIVIL ACTION - LAW .,
rn cri r" rn i=-'
MICHAEL J. FRY,
Defendant IN CUSTODY
COURT ORDER
AND NOW, this day of L??2c 2012, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed as follows:
A hearing is scheduled in Court Room No. - of the Cumberland County Courthouse
on the / day of 2012 at y?--Z^ .m. At this hearing, the father shall
be the moving party and shall proceed initially with testimony. Counsel for the parties,
or the parties themselves if they do not retain counsel, shall file with the Court and
opposing counsel/party a memorandum setting forth the history of custody in this case,
the issues currently before the Court, a summary of each parties position on these
issues, a list of witnesses who will be called to testify on behalf of each party and a
summary of the anticipated testimony of each witness. This memorandum shall be filed
at least five days prior to the mentioned hearing date.
2. In the event mother retains legal counsel prior to the above scheduled hearing and
counsel for the parties believe that a second Custody Conciliation Conference would
aid in resolving this matter prior to the hearing, counsel for the parties may contact the
Custody Conciliator directly to schedule a Conference.
Pending further Order of this Court, this Court's prior Order of September 22, 2006
shall remain in place.
BY THE COURT,
cc: ? Kara W. Haggerty, Esquire
Ms. Tabitha N. Shirley (263 B Marshall Road, Carlisle, PA 17013)
M6 all ;7
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TABITHA N. SHIRLEY,
Plaintiff
v
MICHAEL J. FRY,
Defendant
PRIOR JUDGE: Edgar Bayley
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2002-3770 CIVIL ACTION - LAW
: IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation is
as follows:
Mia Fry, February 25, 2002.
2. A Conciliation Conference was held on February 8, 2012, with the following
individuals in attendance:
The mother, Tabitha N. Shirley, who appeared without counsel, and the father, Michael
J. Fry, with his counsel, Kara W. Haggerty, Esquire.
3. The parties have a Custody Order from September 2006 which provides mother having
primary physical custody, the father having alternating weekends and other times
during the school year and the parties alternating weeks during the summer. Father has
filed a Petition for Modification and is seeking primary physical custody. Mother was
unwilling to agree on giving father primary custody, but mother suggested she may
agree to a 50150 arrangement throughout the entire year. Father's position was he was
seeking primary custody. A hearing is required.
4. The Conciliator recommends an Order in the form as attached.
Date: February, 2012 4A
Hubert X. Gil y, Esquire
Custody Con iliator
5
TABITHA N. SHIRLEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v 2002-3770 CIVIL ACTION - LAW
MICHAEL J. FRY,
Defendant IN CUSTODY
PRIOR JUDGE: Christylee Peck
COURT ORDER
AND NOW, this day of fAtreh-,2012, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed that the hearing scheduled in the above matter for May
11, 2012, at 9:00 a.m. is cancelled and the following Custody Order is entered:
The mother, Tabitha L. Shirley, and the father, Michael J. Fry, shall enjoy shared legal
custody and shared physical custody of Mia Fry, born February 25, 2002.
2. Physical custody shall be handled with the parties exchanging custody on a week
on/week off basis. The time of exchange shall be every Sunday at 5:00 p.m. unless
agreed otherwise by the parties.
3. It is understood that the minor child is currently in the Bellaire Elementary School
within the Carlisle School District and she shall remain in that school.
4. In the event the custodial parent is not available to care for the minor child for four
hours or more because of work or some other activity, they must first contact the non-
custodial parent and give that parent the opportunity to provide care for the child before
they obtain care through a babysitter or elsewhere.
5. For the holidays, the following schedule shall control:
A. Thanksgiving shall be divided into two segments: Segment `A' shall be from
9:00 a.m. until 3:00 p.m. and Segment `B' shall be from 3:00 p.m. until 9:00
p.m. The father shall have Segment `A' in even numbered years with the
mother having Segment `B' and the parties alternating thereafter.
B. For Christmas, the Christmas Holiday shall be divided into two segments:
Segment `A' shall be from 6:00 p.m. on Christmas eve until noon on
Christmas Day and Segment `B' shall be from noon on Christmas Day until
9:00 a.m. December 26. The father shall have Segment `A' in even numbered
years with the mother having Segment `B' in even numbered years with the
parties alternating thereafter.
C. For Easter, the Easter holiday shall be divided into two segments: Segment `A'
shall be from 9:00 a.m. until 3:00 p.m. and Segment `B' shall be from 3:00
p.m. until 9:00 p.m. The father shall have Segment `A' in even numbered years
with the mother having Segment `B' in even numbered years with the parties
alternating thereafter.
D. The mother shall always have custody of the minor child on Mother's Day and
the father shall always have custody of the minor child on Father's Day. This
time frame shall be at least from 9:00 a.m. until 6:00 p.m. unless agreed
otherwise by the parties.
E. The parties shall between themselves arrange for each of them to be with the
minor child for a period of time during the child's birthday.
6. Mother is currently attending counseling at a counseling service in Carlisle. It is
directed that she shall continue with that counseling until the counselor feels these
sessions are complete.
7. The above Order is entered pursuant to an agreement reached between the parties. In
the event either party desires to modify this Order and the parties are unable to reach
an agreement, either party may Petition the Court to have the case again scheduled
before the Custody Conciliator for a Conference and, as appropriate, scheduled before
a Judge for a hearing.
BY THE COURT,
Peez-
Christylee Pd k, Judge
cc: Kara W. Haggerty, Esquire
Ms. Tabitha N. Shirley (263 B Marshall Road, Carlisle, PA 17013) -c
ina,I ed `1131a
TABITHA N. SHIRLEY,
Plaintiff
v
MICHAEL J. FRY,
Defendant
PRIOR JUDGE: Christylee Peck
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2002-3770 CIVIL ACTION - LAW
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation is
as follows:
Mia Fry, born February 25, 2002.
2. A Conciliation Conference was held on March 27, 2012, with the following individuals
in attendance:
The mother, Tabitha N. Shirley, who appeared without counsel, and the father, Michael
J. Fry, with his counsel, Kara W. Haggerty, Esquire.
3. The parties agree to the entry of an Order in the form as attached.
Date: March l , 2012
Hubert X. ilroy, Esquire
Custody onciliator
TABITHA N JONES N/K/A TABITHA IN THE COURT OF COMMON PLEAS OF
SHIRLEY CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF 2002-3770 CIVIL ACTION LAW
V.
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MICHAEL J. FRY IN CUSTODY -03
DEFENDANT
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REQUEST FOR CONICILIATOR MEETING
On this day, Friday April 12,2013,the defendant, Michael Fry, requests a conciliator mien"ng in
order to pursue full primary legal and full primary physical custody of the minor child, Mia Fry. Michael
Fry is requesting that primary legal and primary physical custody of the child be awarded to himself in
the interest of the welfare of the child.The child's mother,the plaintiff,Tabitha Shirley, has
demonstrated excessive irresponsibility and mental instability since separating from her husband in late
August 2012 including, but not limited to,termination from her job in late November, 2012. Michael Fry
advises that when the child is with the Tabitha Shirley during her scheduled weeks that the child is in an
environment that is detrimental to the child's physical and emotional well-being. It was agreed between
the parties during the conciliator meeting that resulted in the Custody Order set forth on April 3`d, 2012,
that the parties would share legal and physical custody of the child provided that Tabitha continued to
attend individual and couples counseling sessions and to improve her relationship and overall ability to
care for the child. It was agreed upon between the parties that should Tabitha discontinue abiding by
the agreement,that a subsequent conciliator meeting would be scheduled by Michael Fry in order to
pursue full primary legal and physical custody of the child. It is believed that Tabitha Shirley has
discontinued counseling, Tabitha Shirley has also since demonstrated ineptitude in regard to caring for
the child as is evident by the lack of cleanliness of her home, lack of responsibility for the child's
activities,and lack of attentiveness to the child's needs.
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TABITHA N. JONES N/K/A/ : IN THE COURT OF COMMON PLEAS OF
TABITHA SHIRLEY, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
C)
v : 2002-3770 CIVIL ACTION - LAW-a
MICHAEL J. FRY,
m _
Defendant : IN CUSTODY
COURT ORDER
AND NOW, this 3 / day of May, 2013, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Courtroom#3 of the Cumberland County Courthouse on the
/ 90/ day of Al , 2013, at 9:36 14' . m. At this
hearing,the Father shall be the moving party and shall proceed initially with testimony.
The parties are directed to file with the Court and the opposing party a Memorandum
setting forth the history of custody in this case,the issues currently before the Court, a
list of witnesses who will be called to testify at the hearing, and a summary of
anticipated testimony of each witness. This Memorandum shall be filed at least five(5)
days prior to the mentioned hearing date.
2. Pending further Order of this Court, this Court's prior Order of April 3, 2012, shall
remain in place.
3. In the event the parties obtain legal counsel and legal counsel feel that another custody
conciliation conference may aid in resolving this matter before the hearing scheduled
above,counsel for the parties may contact the Custody Conciliator directly to schedule
directly to schedule such a conference.
4. The hearing in this case shall be combined with the hearing in Tabitha N. Shirley v.
James D. Shirley, 2012-6344.
No party shall be permitted to relocate the residence of the child where said relocation will
significantly impair the ability to exercise custody unless every individual who has custodial rights
to the child consents to the proposed relocation or the court approves the proposed relocation.
Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337.
BY THE COURT,
Edward E. Guido, Judge
cc: Mr. Michael J. Fry
'rqs .1 1,646,46, g'Lia cy
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TABITHA N. JONES N/K/A/ : IN THE COURT OF COMMON PLEAS OF
TABITHA SHIRLEY, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v : 2002-3770 CIVIL ACTION - LAW
MICHAEL J. FRY,
Defendant : IN CUSTODY
PRIOR JUDGE: The Honorable Edward E. Guido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation is
as follows:
Mia E. Fry, born February 25, 2002
2. A Conciliation Conference was held on May 23,2013,with the following individuals
in attendance:
The mother, Tabitha Shirley, and the father, Michael J. Fry.
3. The parties have an Order from April of 2012 which provides for shared legal custody
on a 50-50 basis. Father now believes he should be the primary custodian of the child
and is making that request. Mother wants to keep the current 50-50 arrangement. A
hearing is necessary and the Conciliator recommends an Order in the form as attached.
Date: May , 2013 Ly
ubert X. ' ilroy, Esquire
Custody onciliator
TABITHA N. JONES SHIRLEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL J. FRY, NO. 2002 -3770 CIVIL TERM
Defendant
TABITHA N. SHIRLEY,
Plaintiff
V. NO. 2012-6344 CIVIL TERM
JAMES D. SHIRLEY,
Defendant
ORDER OF COURT
AND NOW, this 20TH day of JUNE, 2013,the hearing scheduled for Monday,
August 19, 2013, at 9:30 a.m. is RESCHEDULED to MONDAY,AUGUST 26, 2013, at
9:30 a.m. in Courtroom# 3.
By t ourt,
Edward E. Guido, J.
�in A. Snyder, Esquire
129 South Pitt Street
Carlisle, Pa. 17013
-�Michael Scherer, Esquire
19 West South Street =M c �''T-
Carlisle, Pa. 17013 �=rte- z r-;
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TABITHA N. JONES, : IN THE COURT OF COMMON PLEASCfQF
(now Tabitha Shirley) : CUMBERLAND COUNTY, PENNSYLVgIIe -�
Plaintiff,
V. : NO. 02 — 3770 CIVIL TERM
MICHAEL J. FRY, : CIVIL ACTION — LAW
Defendant. IN CUSTODY : T11
CUSTODY STIPULATION
THIS STIPULATION AND AGREEMENT, entered into this day of
JW 2013, by and between Tabitha N. Shirley and Michael J. Fry, is
executed in contemplation of becoming an Order of Court.
WHEREAS, Tabitha N. Shirley and Michael J. Fry are the parents of one
child, Mia E. Fry, born February 25, 2002.
WHEREAS, the parties have not been convicted of or pleaded guilty or no
contest to any of the enumerate.offenses found at 23 Pa.C.S.A. Section 5329(a) or
of an offense in another jurisdiction substantially equivalent to the enumerated
offenses.
WHEREAS, the parties have determined it is in the best interest of the Child
to enter into this Stipulation and Agreement relative to the custody of Mia E. Fry.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements as hereinafter set forth, the parties agree as follows:
1. All previously existing custody orders are hereby vacated.
2_- Mia E. Fry, born February 22, 2002 (hereinafter, the ".Child"), is the
natural children-of Tabitha N. Shirley (hereinafter, the "Mother") and Michael J..Fry
(hereinafter, the,"Father").
3. Mother and Father shall share legal custody of the Child. Major
decisions concerning the Child, including, but not necessarily limited to, the Child's
health, welfare, education, religious training and upbringing shall be made jointly by
both parents, after discussion and consultation with each other, with a view toward
obtaining and following a harmonious policy in the Child's best interest. With regard
to any emergency decisions that must be made, the party 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 thereafter possible. Each parent
shall be entitled to complete and full information from any doctor, dentist, teacher,
professional or authority, to inform one another in a timely fashion concerning-
appointment so that each may attend, and to have copies of any reports given to
either party as a guardian or custodian.
4. Father shall notify Mother in advance of all scholastic and
extracurricular activities in which the Child is to participate, such notification to be
within a reasonable time to allow Mother to participate.
5. Primary physical custody of the Child shall be with Father, subject to
the following periods of partial physical custody with Mother:
a. Every other weekend from Friday evening until Monday
morning.
b. Every Wednesday from Wednesday evening until Thursday
morning.
6. Custody shall alternate and rotate for the holidays of Easter,
Thanksgiving and Christmas as follows:
a. On Easter, custody shall alternate as "Block A" from 9:00'a.m.
until 3:00 p.m. and as "Block B" from 3:00 p.m. until 9:00 p.m.
i. Father shall have custody of the Child for "Block A" in
even-numbered years and "Block B" in odd-numbered years.
ii. Mother shall have custody of the Child for "Block A" in
odd-numbered years and "Block B" in even-numbered years.
b. On Thanksgiving, custody shall alternate as "Block A" from 9:00
a.m. until 3:00 p.m. and as "Block B" from 3:00 p.m. until 9:00 p.m.
i. Father shall have custody of the Child for"Block A" in
even-numbered years and "Block B" in odd-numbered years.
ii. Mother shall have custody of the Child for "Block A" in
odd-numbered years and "Block B" in even-numbered years.
C. At Christmas, custody shall alternate as "Block A" from 6:00 p.m. on
Christmas Eve until 12:00 p.m. on Christmas Day and as "Block B" from 12:00 p.m.
on Christmas Day until 9:00 a.m. on December 26tH
i. Father shall have custody of the Child for"Block A" in
even-numbered years and "Block B" in odd-numbered years.
ii. Mother shall have custody of the Child for "Block A" in
odd-numbered years and "Block B" in even-numbered years.
Y
7. The parties shall cooperate to arrange for the Child to spend time with
both parents, respectively, on the Child's birthday.
8. Mother shall have custody of the Child on Mother's Day and Father
shall have custody of the Child on Father's Day.
9. Both parties shall enjoy a right of first refusal for custody of the Child.
In the event the custodial parent is not available to care for the minor child for three
(3) hours or more because of work or some other activity, the custodial parent must
first contact the non-custodial parent and give that parent the opportunity to provide
care for the children before they obtain care through a babysitter or elsewhere.
10. The non-custodial parent shall enjoy the right to reasonable telephone
contact with the Child when the Child is in the custody of the other parent.
11. The parent receiving custody shall provide transportation for custody
exchanges by picking up the Child at the other parents' place of residence.
12. Mother's address and contact information shall be supplied to all
educational and medical treatment providers.
13. While in the presence of the Child, no party shall make or permit to
be made by any person, any remarks or actions which could in anyway be
construed as derogatory or uncomplimentary to the other parent, or in any way injure
the opinion of the Child as to the other parent, or in any way estrange the Child from
the other parent. It shall be the responsibility of each party to uphold the other
parent as one to whom the Child owes love and respect.
14. It is understood that the previous shared physical custody schedule,
wherein custody shall alternate on a weekly basis from Sunday at 6:00 p.m. through
the following Sunday at 6:00 p.m., shall resume when Mother obtains her own
residence and employment and maintains her ongoing counseling.
15. Should either parent propose to relocate with the Child, said parent
must provide Notice of Proposed Relocation and a Counter-Affidavit Regarding
Relocation to the other parent, via certified mail, prior to sixty (60) days before the
proposed date of relocation, pursuant to 23 Pa. C.S. §5337 and in the form required
by §5337(c)(3).
WHEREFORE, agreeing to be legally bound, the parties hereby affix their
signatures.
a Michael J. Fry
Mother Father
Lorin . Snyder, E uire
Attor ey for Mother Witness for Father
TABITHA N. JONES, IN THE COURT OF COMMON PLEAS OF
(now Tabitha Shirley) CUMBERLAND COUNTY, PENNSYLVANIA,....
Plaintiff, c
V. NO. 02 — 3770 CIVIL TERM '
MICHAEL J. FRY, CIVIL ACTION — LAW {
Defendant. IN CUSTODY vim,
ORDER OF COURT
AND NOW, this day of L , 2013, upon consideration
of the Custody Stipulation signed by the parties, it is ORDERED and directed as follows:
1. All previously existing custody orders are hereby vacated.
2. Mia E. Fry, born February 22, 2002 (hereinafter, the "Child"), is the natural
children of Tabitha N. Shirley (hereinafter, the "Mother") and Michael J. Fry (hereinafter,
the "Father").
3. Mother and Father shall share legal custody of the Child. Major decisions
concerning the Child, including, but not necessarily limited to, the Child's health,
welfare, education, religious training and upbringing shall be made jointly by both
parents, after discussion and consultation with each other, with a view toward obtaining
and following a harmonious policy in the Child's best interest. With regard to any
emergency decisions that must be made, the party 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 thereafter possible. Each parent shall be entitled to
complete and full information from any doctor, dentist, teacher, professional or authority,
to inform one another in a timely fashion concerning appointment so that each may
attend, and to have copies of any reports given to either party as a guardian or
custodian.
4. Father shall notify Mother in advance of all scholastic and extracurricular
activities in which the Child is to participate, such notification to be within a reasonable
time to allow Mother to participate.
5. Primary physical custody of the Child shall be with Father, subject to the
following periods of partial physical custody with Mother:
a. Every other weekend from Friday evening until Monday morning.
b. Every Wednesday from Wednesday evening until Thursday
morning.
6. Custody shall alternate and rotate for the holidays of Easter, Thanksgiving
and Christmas as follows:
a. On Easter, custody shall alternate as "Block A" from 9:00 a.m.
until 3:00 p.m. and as "Block B" from 3:00 p.m. until 9:00 p.m.
i. Father shall have custody of the Child for "Block A" in
even-numbered years and "Block B" in odd-numbered years.
ii. Mother shall have custody of the Child for "Block A" in
odd-numbered years and "Block B" in even-numbered years.
b. On Thanksgiving, custody shall alternate as "Block A" from 9:00
a.m. until 3:00 p.m. and as "Block B" from 3:00 p.m. until 9:00 p.m.
i. Father shall have custody of the Child for "Block A" in
even-numbered years and "Block B" in odd-numbered years.
ii. Mother shall have custody of the Child for "Block A" in
odd-numbered years and "Block B" in even-numbered years.
C. At Christmas, custody shall alternate as "Block A" from 6:00 p.m. on
Christmas Eve until 12:00 p.m. on Christmas Day and as "Block B" from 12:00 p.m. on
Christmas Day until 9:00 a.m. on December 26tH
i. Father shall have custody of the Child for "Block A" in
even-numbered years and "Block B" in odd-numbered years.
ii. Mother shall have custody of the Child for "Block A" in
odd-numbered years and "Block B" in even-numbered years.
7. The parties shall cooperate to arrange for the Child to spend time with
both parents, respectively, on the Child's birthday.
8. Mother shall have custody of the Child on Mother's Day and Father shall
have custody of the Child on Father's Day.
9. Both parties shall enjoy a right of first refusal for custody of the Child. In
the event the custodial parent is not available to care for the minor child for three (3)
hours or more because of work or some other activity, the custodial parent must first
contact the non-custodial parent and give that parent the opportunity to provide care for
the children before they obtain care through a babysitter or elsewhere.
10. The non-custodial parent shall enjoy the right to reasonable telephone
contact with the Child when the Child is in the custody of the other parent.
11. The parent receiving custody shall provide transportation for custody
exchanges by picking up the Child at the other parents' place of residence.
t
12. Mother's address and contact information shall be supplied to all
educational and medical treatment providers.
13. While in the presence of the Child, no party shall make or permit to
be made by any person, any remarks or actions which could in any way be construed
as derogatory or uncomplimentary to the other parent, or in any way injure the opinion
of the Child as to the other parent, or in any way estrange the Child from the other
parent. It shall be the responsibility of each party to uphold the other parent as one to
whom the Child owes love and respect.
14. It is understood that the previous shared physical custody schedule,
wherein custody shall alternate on a weekly basis from Sunday at 6:00 p.m. through the
following Sunday at 6:00 p.m., shall resume when Mother obtains her own residence
and employment and maintains her ongoing counseling.
15. Should either parent propose to relocate with the Child, said parent must
provide Notice of Proposed Relocation and a Counter-Affidavit Regarding Relocation to
the other parent, via certified mail, prior to sixty (60) days before the proposed date of
relocation, pursuant to 23 Pa. C.S. §5337 and in the form required by §5337(c)(3).
BY THE COURT,
J.
C.C. L rin A. Snyder, Esquire
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.-'Michael J. Fry
Ir
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