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HomeMy WebLinkAbout02-0651 JUl-')M lOOl BOBBY EUGENE FREDERICK, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002- 651 CIVIL TERM RUTH ANN R. FREDERICK, Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this JR::::""day of ~ 2002, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that is be entered as an Order of Court. J. Thomas S. Diehl, Esq. Attorney for Defendant / _ ~~ J} ~O':l.., Marcus A. McKnight, Ill, Esq. ..J!.--a>. Attorney for Plaintiff >- ~ wQ '?ts a: ~., f)~ 1 C; C.)G.. ~~,~ ~: u_ C' tr) N ~ z 6~ U~ O~ i~ (i) -')2 u: z: L11 tu !,X) a.. "5:' ::s () C'_ I ~ .q N o BOBBY EUGENE FREDERICK, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW 2002-'.51 CIVIL TERM RUTHANN FREDERICK, Respondent IN CUSTODY PETITION FOR CUSTODY AND NOW, this 4th day of February 2002, comes the Petitioner, Bobby Eugene Frederick, by his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. 1. The petitioner is Bobby Eugene Frederick, an adult individual residing at 6 Sir Williams Drive, Newville, Cumberland County, Pennsylvania 17241. 2. The respondent is Ruthann Frederick, an adult individual whose address is unknown. 3. The parties are the natural parents of one minor child, namely Savannah Dianne Frederick, born November 25, 1996, age five (5) years. 4. Petitioner desires shared physical custody of the child and joint legal custody with periods of visitation as can be mutually arranged between the parties. 5. The best interest of the Savannah Dianne Frederick requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking shared physical custody of Savannah Dianne Frederick and joint legal custody with periods of visitation as can be mutually arranged between the parties. Respectfully submitted, By: Marcus Attorney or Petitioner, Bobby Eugene Frederick 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 25476 Date: February 4, 2002 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~ ~Y~REDERICK Date: February 4, 2002 (") a 0 c N 'TJ ~ <:.'.... --ry ...; -U [i) ", 'or_ n1r:: 0;' I,~D 2.::/ Jf ~r , _.;-~;':!3 ~ ~ 0-, ~CJ -~;C) V "1"", ';-'; - :7c "1"1 kl z() () """'C, ...... \Si) );>c: r::- afT) '" ..... ~ ._4 ...... Iv !j "t> {. C>") en =0 k. -< (( BOBBY EUGENE FREDEIDCK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-651 CIVIL ACTION LAW RUTHANN FREDEIDCK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 12, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, March 06, 2002 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and aU 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/ Jacqueline M. Verney. Esq. ~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with DisabiIites 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 AITORNEY AT ONCE. IF YOU DO NOT HAVE AN AITORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .) .~~~~~~ (,cM~e ~ p 7 ~ _~ c='r?-A/ C' ~w p ~ ~ 4v -rv 8/-;4/.e \-JINV/\lASNN3d t '-"--1'1\.1"'''' U"ll""' \("",r'l r~,.f\.[1li.l,-rt'1\. ,t~ k) I j\~ ......i..J..-,c - '" I I j I J I I J , , i 1 C"." I 7n 80 :2 UcJ 1 J.:I.J C,l_ BOBBY E. FREDERICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2002-651 CIVIL TERM RUTH ANN R_ FREDERICK, Defendant : CIVIL ACTION - LAW : IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into on the day and year hereinafter set forth, by and between RUTH ANN R. FREDERICK, hereinafter referred to as "Mother" and BOBBY E. FREDERICK, hereinafter referred to as "Father". WHEREAS, the parties are the natural parents of Savannah Dianne Frederick, born November 26, 1996; and WHEREAS, the parties wish to enter into an agrecment relative to custody and partial custody of the child. NOW THEREFORE, In consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties agrec as follows: I. Mother and Father shall have shared legal custody of the child. 2_ The parties shall share physical custody of the child as follows: (a) Mother shall have physical custody of the child on Thursday from 5:30 p.m. until 7:00 a.m. Friday, and Friday from 5:30 p.m, until 7:00 a.m. on Monday. (b) Father shall have physical custody of the child on Monday from 7:00 a.m. until Thursday 7:00 a.m. 2 (c) Father shall also enjoy custody of the child while Mother is at work on Thursday from 7:00 a.m. until 5:30 p.m., and on Friday from 7:00 a.m. until 5:30 p.m., unless a holiday falls on either day, and Mother does not work, then during such times Mother shall enjoy custody of the child. MondllY Tuesday Wednesday Thursday Friday Saturday SUnd~y I' '," '. ,.' .. . - Father Father Father Father* Father* Mother Mother From 7:00 All Day All Day Until 5:30 From 7:00 All Day AllDay a.m. p.m. a.m. until 5:30 p.m. Mother Mother 5:30 p.m. fi-om 5:30 until 7:00 p.m. a.m. */f Mother is not working on Thursday or Friday, Mother shall have custody of tile child all day. 3. The parties shall enJoy custody of the child during holidays as the parties mutually agree. 4. Transportation of the child shall be shared by the parties. 5 _ The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the child, and shall take any necessary steps to ensure that the health and well-being of the child are protected, During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 6, The parties shall not do anything that may estrange the child from the other party, or mjure the opinion of the child as to the other party, or hamper the free and natural development of the child's love and affection for the other party. , -' 7 _ The parties may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the child. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall controL 8. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 9. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 10. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable, and that it is not the result of duress or undue influence. II. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. 4 IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set forth their signatures the day and year herein mentioned. Thomas S. Diehl, Esquire 3~ II-Of). DATE ~e.' Rl h Ann R. Frederick, Mother ? ~ C;. 6:2.. DATE ~~r e:d Bobby E. rederick, ather 5 - , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS On this //J'ZI day of ~4-~~, 2002, before me, the undersigned officer, personally appeared RUTH ANN R. FREDERICK known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Kimberly L Diehl-Hough, Notary Public Carlisle Bora, CUmberland County M Commission Expires M 5, 2003 COMMONWEALTH OF PENNSYLVANIA COUNTY OF C- {t-m bv-..-LtV-^--- : SS On this IfI-A day of '1t{/M LA , 2002, before me, the undersigned officer, personally appeared BOBBY E. REDERICK known to me (or sal1sfactonly proven) to be the person whose name is subscribed to the within Agreement and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seaL Notarial Seal Martha L Noel, Notary Public C~rjl::';)' 'jNO, !?ur""lberrand County My Ce', _,-,',"' < "i'2.-, asp!. 18,2003 Member, Pennsylvania Association ot Notaries 6 MAR 1 5 2002") BOBBY EUGENE FREDERICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2002-651 CIVIL TERM RUTHANN FREDERICK, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 13th day of March, 2002, the Conciliator being notified that the parties have signed a Custody Stipulation in the above matter, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~,i t dy Conciliator Q c. <.... '"'01:1) fTlrr~ 2:-x' ~""<c ~;f .-- t.' j:; =-~,.. i...-:: ~:~ -, --< Cl f'-' ::-Jl: "" :u o -1'1 -, 1':'1 ,"",.,.,," .~ -;'~;L9 A~~ ',~~\ (') 6rn :b! On -< (~ M"lj c- BOBBY E. FREDERICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2002-651 CIVIL TERM RUTH ANN R_ FREDERICK, Defendant : CIVIL ACTION - LAW ; IN CUSTODY ORDER OF COURT AND NOW, this z:2--day of , 2002, upon presentation and consideration of the attached Custody Stipulation and Agreement it is hereby ordered and directed that it be entered as an Order of Court. BY THE COURT, J. / "__'."_."__",,'''4_ . ._,_~~._~" ~ r fl.. ?\ ~ ' ''P 1, A!;'\-- ~~ ~ , ~ \I!~N^1}SNN3d W"nrt'l r1\"/~I,..r::l\:!fg"r'\ I 1 \ '_.'_~ '.' -, : _,'.." l ~, I...... ~u 71 -" --; 'J "'[I'.,,' .'0 U :(, ~'JW (.0 Cjj"'~ t.. Jlt/J.c;: _ ~D BOBBY EUGENE FREDERICK, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 2002- 651 CIVIL TERM RUTHANN FREDERICK, Respondent : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, this day of July 2002, comes the Plaintiff, Bobby Eugene Frederick, by and through his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Modification of Custody, averring as follows: 1. The Plaintiff is Bobby Eugene Frederick, an adult individual residing at 6 Sir William Drive, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is RuthAnn R. Frederick, an adult individual residing in Plainfield, Cumberland County, Pennsylvania. 3. The parties are the natural parents of a minor child, namely, Savannah Dianne Frederick, born November 26, 1996. 4. The child is presently in the primary physical custody of Plaintiff although the parties have a shared physical custody arrangement. A copy of the previous custody Order is attached hereto and is marked as Exhibit "A". 5. Plaintiff desires to retain primary physical of the child and establish joint legal custody and periods of partial physical custody with Defendant as can be mutually arranged between the parties. 6. The best interests and permanent welfare of the child requires that the Court grant the Plaintiffs request as set forth above. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 9. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests this Court enter judgment in favor of Plaintiff establishing primary physical custody for Plaintiff and periods of partial physical custody with Defendant as can be mutually arranged between the parties. Respectfully submitted, By: Mareu A. Me ht, III, squire Supreme Court LD. 76 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff, Bobby Eugene Frederick Date: ] (M)? , VERIFICATION I have read the statements made in the foregoing Document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~~N~ Date: 2002 EXHIBIT "A" ., BOBBY E. FREDERICK, Plaintiff MAR I 5 zaU2 \) v. : fN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA RUTH ANN R. FREDERICK, Defendant : NO. 2002-651 CIVIL TERM : CIVIL ACTION - LA W : TN CUSTODY AND NOW, this .l"} /IA-L day of ~J' ul. ORDER OF COURT directed that it be entered as an Order ofCOllrt_ "n'ide""on of the '''''hed CU"ody Stipulatinn and Ag,eement it ;, hereby Oldered and -' 2002, llpon presentation and BY THE COURT, /;/ fJ r' /.I. I3.J~ 1. n:: :.~. ;'.C', _,.., In nli.".~".,,_,_ .;:J, ._~~.~ l ...~_ - '" "Ii n.. . .., .;2on.:J. .~. -, ~~- - Pr()f'hflncftJf/ an;;.:, BOBBY E. FREDERICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2002-651 CIVIL TERM RUTH ANN R_ FREDERICK, Defendant : CIVIL ACTION - LA W : IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS ACREE!\'IENT AND STIPl1LATION entered into on the day and year hereinafter set forth, by and between RUTH ANN R. FREDERICK. hereinafter referred to as "Mother" and BOBBY E. FREDERICK, hereinafter referred to as "Father". WHEREAS, the parties are the natural parents of Savannah Dianne Frederick, born November 26, 1996; and WHEREAS, the parties wish to enter into an agreement relative to custody and partial custody of the child. NOW THEREFORE. In consideration of the mutual covenants, promises, and agreements as hereinafter set forth, the parties agree as folluws: L Mother and Father shall have shared legal custody of the child. '1 The parties shall share physical custody of the child as follows: (a) Mother shall have physical custody of the child on Thursday 1'1'0111 5 :30 p.m. until 7:00 a_l11_ Friday, and Friday from 5:30 p.m. until 7:00 a.m. all !\Ionday. (b) Father shall have physical custody of the child l1ll Ml1llday from 7:00 a.m. until Thursdav 7:00 a_In. 1 (cl Father shall also enjoy custody of the ehild while rv[other is at work on Thursday ti'om 7:00 a.m. until 5:30 p.m., and on Friday from 7:00 a.m. until 5:30 p.m., unless a holiday falls on either day, and Mother does not work, then during such times Mother shall enjoy custody of the child. Father All Day Father'" Until 5:30 p.m. Father'" From 7:00 a.m. until 5:30 .m. Mother from 5:30 p.m. Monday ]'uesday Wednesday Thursday a.m. Mother 5:30 p.m. until 7:00 a.m. "'If Mother is IlOt working on Thursday or Friday, Mother shall have CllstOl{V of the chilcl all day. 3. The parties shall enJoy custody of the child during holidays as the parties mutually agree. 4. Transportation of the child shall be shared by the pa11ies_ 5_ The parties will keep each other advised immediately 111 the event of serious illness or medical emergency concerning the child. and shall take any necessary steps to ensure that the health and well-being of the child are protected. During such illness or medical emergem:y. both parties shall have the right to visit the child as often as he or she desire'S consistent with the proper medical c.:are of the child. 6. The parties shall not do anything that nUl) estrange the c.:hild from the otht.:r party. or Injure [he opinion or the child as to the other party, or hamper the Jree and natural development of the c.:hild"s lo\'\.~ and af'1(:etiol1 for the oth<.:r party. " .' 7. The panies may make such alternate arrangements regarding the physical custody of the child so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the child. However, if the parties cannot reach a mutual agreement. the terms of this Stipulation and Order shall control. 8_ Any moditication or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 9. The parties desire that this Stipulation and Agreement be made an Order of the Court of the COUl1 of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either pm1y desires or requires modification of s.lid Order. 10_ The pat1ies acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equituble. and th;::t it is not the result of duress or undue inlluence_ 11_ Each party has had an opportunity to consult independent legal counsel of his or her O\\'n selection. Each party regards the terms of this Agreement as r:'lir and equitable. and each has signed it freely and voluntarily without relying upon any representation other than thost' .:xpressly sd forth herein. of IN WITNESS WHEREOF, the parties hereto intending to be Ieg311y bound by the terms hereof set forth their signatures the day and year herein mentioned. / ()' G:JiY Thomas S. Diehl. Esquire J-JI-D~ DATE S'... c;.a:1- DATE 5 li"4v. ~ ~d~~CJl. Ru 1 Ann R. Frederick. MOlher ~~~ Bobby E. rederick, ather COMMONWEALTH OF PEl'<'NSYLVANIA COUNTY OF CUtvIBERLAND : SS On this //$"day of ffi-ff~ . 2002, before me, the undersigned officer, personally appeared RUTH ANN R. FREDERICK known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledge that she executed the same for the purposes therein contained. IN \\'ITNESS WHEREOf, I hereunto set my hand and official seal. - NolIrIaI Seal Kimberly L Dlehl-Hough, Notary Public CarllliIe BOlO, Cumllerland COunty My CormlIs8/on 5, 2003 COMMONWEALTH OF PENNSYLVANIA COUNTY OF C C'rI) b't.'"'-La..-~ : SS On this '.!.j'-l--h day of --' %I~) [ h . 2002, before me. the undersigned aflker. personally appeared BOBBY E. REDERICK known to me (or satisfactorily proven) to he the person whose name is subscribed to the within Agreemt:nt and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF. [ hcn:unto set my hand and official seaL / r:Jk- -; \' ,/? .-' . i I I 'i ._~. , t:{qX<(cuzl! N~)ta~Pllblic/' \. Notarial Seal Martha L Noel, Notary Public Carho ':.,....~r.', '-:-:'1 ;-'har!and County My C -""'PI. : 8, 2003 Membe;, Pl;!i'l;~ih''':"iia .~.ssociatjon 01 Notaries 6 CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, do hereby certify that I have served a true and correct copy of the Complaint upon the Defendant, RuthAnn R. Frederick by first class United States mail, postage pre-paid in Carlisle, Pennsylvania upon the following: Thomas S. Diehl, Esquire One West High Street P.O. Box 1290 Carlisle, P A 17013 Dated: J ;Jdo 2- , --I-.. --3;: """- ~ ~ ~ al )- .; ~ \'f'I ..' ~ ' . Z ~ (".~: -~ ~ ~ ~ , -- '. , CL ~ N C:... ., -- ':") /- ~ 4\ fi) I .7 42) , , ~ ~ ~ ". /- L:" - , ';LU g , ~~-.:C_ cJ , .2: ('" ~:J C::.r U . BOBBY EUGENE FREDERICK PLAINTIFF IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYL V ANlA v. 02-651 CIVIL ACTION LAW RUTHANN FREDERICK DEFENDANT IN CUSTODY ORDRR OF COlJRT AND NOW, Wednesday, July 10, 2002 , upon consideration of the attached Complaint, iti, hmby direoted ilia, parti'''nd th'" "'_"" 00"",,1 'Pl"~ b'fnreJ"'l_ Me V""'Y, ...' ,th, 'nncil1.tn<, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 24,2002 at 1:30 PM f",. J>re.H""ng futndy Conf"""",. At '",b '''''='', on ,ffOrt will "" m"" to """v< "'" i""" in '"'Pure; '" if thi, ""0' "" ,"",ompl1",,",, to ""fin, ond n.rrnw th, i_, to b, ""'n1 by tho oomt, ond to """ into . """"'"'" mdO'. All ""1_ 'g' fl"" mol"'" ""y "" "" """"t .t tho oon"=". F.Hure '0 """'" .t th, ""'foren" may provide grounds for entry of a temporary or pennanent order. The court hereby directs the parties to furnish any and an 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/ Tacq.upline M. Verney. Es.q:;y.___ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE mIS PAPER TO YOUR AITORNEY AT ONCE. IF YOU DO NOT HA VB AN AITORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE mE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .~~ ~ ~~ u,; ~O-I/'L ff"JJ fp :z ~ ~ ('(Jf/'l ~p '1-.nr- ~.r'l t:IllU 'lflt-;'Vi\lJ-,sNN3d }JNf\08 O',,:I{\l.-\:jl1V'~(\:::> L1'l~\ ~ld \ \ If\rZO ,,'d11.0NO;'il',ju.1 3HL :\0 3'J\:I~O-aI\\:l J U L :3 0 2002 ~ BOBBY EUGENE FREDERICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-651 CIVIL TERM RUTHANN FREDERICK, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 30th day of July, 2002, the Conciliator being notified that the parties have signed a Custody Stipulation in the above matter, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, f1A-~ Conciliator 0 0 0 c: '" ---n s:: ~ '--1 '"'Ow ~r;1 92m ,t1r- ::JJ --nm Zt;::, rv-. "yO {f)-=:: :~)6 -</C .1 ~o ~; - ," ~'rl ~'>C ,j):Q Zo --- "40 0 rjm >c -'-< z 55 =<! 0 -< BOBBY EUGENE FREDERICK, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 2002-651 RUTHANN FREDERICK, DefendantlPetitioner CIVIL ACTION - LAW : IN CUSTODY PETITION TO MODIFY CUSTODY 1_ Petitioner is Ruthann Frederick, who resides at 25 W_ Big Spring Avenue, Apartment #4, Cumberland County, Newville, Pennsylvania 17241. 2. Respondent is Bobby Eugene Frederick, who resides at 6 Sir William Drive, Cumberland County, Newville, Pennsylvania 17241. 3. The Honorable Edgar B. Bayley entered a Custody Stipulation and Agreement as an Order of Court on August I, 2002. 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) It has come to Petitioner's attention that on or around October 15, 2005, Respondent added three more children to a residence containing three bedrooms thus making a total of seven (7) children and two (2) adults living in a three bedroom house. b) Petitioner believes and therefore asserts that a three bedroom house with seven (7) children and two (2) adults is not a good environment for an eight year old child. 5 _ The best interest of the child will be served by the Court modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order as follows: Primary physical custody in Mother with visitation in Father as agreed upon by the parties. Date: / I /;o/()S- ~ r Respectfully submitted, ROMINGER, BAYLEY & WHARE Mi1!:!:0:tq:: 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for DefendantlPetitioner VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. s_ 9 4904, relating to unsworn falsification to authorities. ~ Date: IUDV Cj. Cf) . 11.f-:l-htUJ /l --:fredC..{./ <A.... . BOBBY EUGENE FREDERICK, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 2002-651 RUTHANN FREDERICK, Defendant/Petitioner : CIVIL ACTION - LA W : IN CUSTODY CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Defendant/Petitioner, do hereby certify that I this day served a copy of the Petition to Modify Custody upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Marcus A. McKnight, III, Esquire W. Pomfret Professional Bldg. 60 W. Pomfret St. Carlisle, P A 17013 Dated: November 10, 2005 Respectfull submitted, ROMINGE . BAYLEY & WHARE cha 0_ Palermo, Jr., ESqUif~ Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant/Petitioner (') r---' ~ 0 (- c=~ -n c_" ~ ~ ::t ~ (J _e. v C' ..-~ ()' -a.:: P1C ~ 7" _!"-~ r,l .(" 1l::.. 0 Cl ':~i\~?, - i':> ~.:_~ ..'...._,.-' -l-l ~ <. !._':~(=) --c::- y" - " .'fn C> ~ - ~-' ..J::. . ' T"" ...q C:.. ~:.:) 0;;;---. '--" -< ~ L\ ~ "\ - 't1 "\ -,3 0 BOBBY EUGENE FREDERICK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-651 CIVIL ACTION LAW RUTHANN FREDERICK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, November 21, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M_ Verney, Esq. , the conciliator, at 4th FI,!,,!, Cul11berland County Conrtbouse, Carlisle on __Thursday, January 05, 2006 3t !O-,~lL_AM for a Pre-Hearing Custody Conference, At such conference, an effort will be m3de to resolve the issues in dispute; or if this cannot be accomplishcd, to detine and narrow the issucs to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or penn anent 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: Isl TacqueliQ~.M. Verney, Esq. Custody Conciliator ~if'L , The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 HA VE 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 170 I 3 Telephone (717) 249-3166 . rr ~ fp -4r~ ~ 5cJ [f)/ p;hu7,lY)/fp ~ /j7?fi7? 7u' /'77 [-ell ~(/ peg ~ 1z6;; <p{7)v' Fetl Ef" .n1 ~1 c-:) Cf\....7 ,c.. ';,};; vv . ..l,-,.v BOBBY EUGENE FREDERICK Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RUTHANN FREDERICK, Defendant : NO. 2002-651 : IN CUSTODY CIVIL TERM STIPULATION AGREEMENT AS TO CUSTODY The plaintiff, Bobby Eugene Frederick, hereinafter referenced as "Father," and Defendant, Ruthann Frederick, hereinafter referenced as "Mother," hereby agree to the entry of the following terms in an Order of Court defining custody and partial custody rights and responsibilities in relation to the parties' minor child, Savannah Dianne Frederick, date of birth: November 26, ] 996, hereinafter referenced as "Child": I. The parties hereto agree that the best interest and continuing welfare of the Child would be best served with the custody arrangement as follows: (a) Mother and Father will share legal and physical custody of Child as defined in 23 Pa. C_S_A. ~5302. All decisions affecting the Child's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. (b) As provided 23 Pa_ C_S.A. ~5309(a), each parent shall have full and complete access to the Child's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. (c) Mother and Father shall share custody on a four (4) day on, four (4) day off schedule, with the day of exchange being agreed upon by the parties. (d) The Mother shall have the Child on Mother's Day and the Father shall have the Child on Father's Day. (c) The parties shall have a split Holiday schedule, with Mother having custody for a half a day on each Holiday and Father having custody for half a day on each Holiday. (f) Visitation may be at such other times as the parties mutually agree. (g) Mother and Fathcr shall each have reasonable vacation time with the minor child with Father having a threc (3) weck vacation period and Mother rcceiving a two (2) week pcriod with thc schedule to be agreed upon by the parties. (h) Mother and Father shall share cqually any expenses relating to the minor child. 2_ Each party shall have rcasonable telcphone and c-mail access to the Child while the Child is in the custody control of the parent. 3_ The parties shall keep each other advised immediately relativc to any emergencies concerning the Child and shall further take any necessary steps to ensure that the health, welfare and well being of the Child is protected. The parties shall do nothing that may estrange the Child from the other party or hinder the natural development of the Child's love or affection for the other party. 4. Each party shall not make any disparaging remarks or allow others to make any disparaging remarks concerning the Child's parents in front of the Child. 5 _ Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. 6. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 7_ Both parties agree that thc terms of this agreement have been fully explained to them by , . their respective counselor that both parties have had the opportunity to have legal counsel review and fully explain the terms of this agreement. Mother is represented by Michael O. Palermo, Jr., Esquire of Rominger, Bayley & Whare_ 8. The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by the Court. ~c...7~~ , Date ~() Jjyj /1/1 :J-rt'cko(t-,--- R"'7J;J1~ Michael 0_ Palermo, Jr., ~sq~_ ~~0~ -y;rJ Bobb ougen€1'r derick :-llEiL- 'if I)'-/D-o::- Date /:zp3/tJ5 Date ' PL:- ---;: :Jm { Date "-, (" : c' -' -, ....:,,) ..... q DEe 1 4 2005 IJI!~ BOBBYEUGENEFREDE~CK Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RUTHANN FREDE~CK, Defendant : NO. 2002-651 : IN CUSTODY CIVIL TERM ORDER OF COURT AND NOW, this ~ day of ?J'~ , 2005, based on the Stipulation of the parties, the Court hereby Orders as follows: 1_ The parties hereto agree that the best interest and continuing welfare of the Child would be best served with the custody arrangement as follows: (a) Mother and Father will share legal and physical custody of Child as defined in 23 Pa_ C.S_A. ~5302. All decisions affecting the Child's growth and development, including but not limited to medical treatment, education, and reli_gious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. , (b) As provided 23 Pa_ C.S.A_ ~5309(a), each parent shall have full and complete access to the Child's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. (c) Mother and Father shall share custody on a four (4) day on, four (4) day off schedule, with the day of exchange being agreed upon by the parties. (d) The Mother shall have the Child on Mother's Day and the Father shall have the Child on Father's Day. (e) The parties shall have a split Holiday schedule, with Mother having custody for a half a day on each Holiday and Father having custody for half a day on each Holiday. (f) Visitation may be at such other times as the parties mutually agree. (g) Mother and Father shall each have reasonable vacation time with the minor child with Father having a three (3) week vacation period and Mother receiving a two (2) week period with the schedule to be agreed upon by the partie's. ."'}:\lnO 88; II HV 12 :no SODZ Ati\flO:\\),-ilijdd 3Hl :JO 3~Y;H()-031i:J .... (h) Mother and Father shall share equally any expenses relating to the minor child. 2_ Each party shall have reasonable telephone and e-mail access to the Child while the Child is in the custody control of the parent. 3. The parties shall keep each other advised immediately relative to any emergencies concerning the Child and shall further take any necessary steps to ensure that the health, welfare and well being of the Child is protected. The parties shall do nothing that may estrange the Child from the other party or hinder the natural development of the Child's love or affection for the other party. 4_ Each party shall not make any disparaging remarks or allow others to make any disparaging remarks concerning the Child's parents in front of the Child. 5_ Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. 6_ The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 7 _ Both parties agree that the terms of this agreement have be\:n fully explained to them by their respective counselor that both parties have had the opportunity to have legal counsel review and fully explain the terms of this agreement. Mother is represented by Michael O. Palermo, Jr., Esquire of Rominger, Bayley & Whare_ 8. The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by the Court. hi'-- J_ DEe 2 7 2005 ~A1'\ BOBBY EUGENE FREDERICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-651 CIVIL ACTION - LAW RUTHANN FREDERICK, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of December, 2005, the Conciliator being notified that the parties have reached an agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, b~ I~l-V/~ acqu ine M_ Verney, Esquire, Custody onciliator :-iO 811 :01 liV 8Z 330 qOZ AU\'lO;\C:"JiJ'..:J 3Hl :10 :(;!j~!c)-o~nu