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HomeMy WebLinkAbout06-1653ROBERT REYNOLDS, II, Plaintiff V. TIFFANY NAKYMA MICKENS Defendant and VICTORIA MICKENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.UL-l13 CIVIL 2006 IN CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in I following pages, you must take action within twenty (20) days after this Complaint and Notice served by entering a written appearance personally or by attorney and filing in writing with t court, your defenses or objections to the claims set forth against you. You are warned that if y fail to do so, the case may proceed without you and a judgment may be entered against you the Court without further notice for any money claimed in the Complaint or for any other claim relief requested by the Plaintiffs. You may lose money or property or other rights important you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORT BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SAIDIS, FLOWER & LINDSAY ?rm?s•AnuW 26 West High Street Cadid, PA SAIDIS, FLOWER & N Y, P.C. ?I Carol J. Lindsay, E! ID No.44693 26 West High cStitE Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff ROBERT REYNOLDS, II, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TIFFANY NAKYMA MICKENS, Defendant NO.O(--/&,i? CIVIL 2006 and VICTORIA MICKENS, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Robert Reynolds, II, residing at 25 South 24"' Street, Camp Hil SAMIS, FLOWER & LINDSAY ATRHWM ITTAW 26 West High Street Carlisle, PA Cumberland County, Pennsylvania. 2. The Defendants are Tiffany Nakyma Mickens, of Dauphin County Pri Harrisburg, Pennsylvania and Victoria Mickens of 935 Scattergood Street, Philadelphia, 19124. 3. Plaintiff seeks custody of the following children: Robert Bishop Emman Reynolds, III, born January 25, 2002, and Alyssah Nakyma-Elizabeth Reynolds, born Janu 25, 2002. Name Present Residence Age Robert Bishop Emmanuel Reynolds, III 935 Scattergood Street 4 Philadelphia, PA 19124 Alyssah Nakyma-Elizabeth Reynolds 935 Scattergood Street 4 Philadelphia, PA 19124 4. The children were born out of wedlock. 5. The children are presently in the custody of Defendant Victoria Mickens, wh resides at 935 Scattergood Street, Philadelphia, PA 19124. 6. During the past five years, the children have resided with the following person and at the following addresses: Name Tiffany Nakyma Mickens and Victoria Mickens Tiffany Nakyma Mickens and Victoria Mickens Robert Reynolds, II and Tiffany Nakyma Mickens Robert Reynolds, II and Tiffany Nakyma Mickens Tiffany Nakyma Mickens Tiffany Nakyma Mickens (stayed with friends) Tiffany Nakyma Mickens and Victoria Mickens Tiffany Nakyma Mickens and Jessica Mickens (Mother's sister) Tiffany Nakyma Mickens and Victoria Mickens Robert Reynolds, II, Robert & Wendy Reynolds Victoria Mickens and paramour Residence Date Lancaster, Pennsylvania January 25, 2002 to February 2002 Philadelphia, Pennsylvania February 2002 to April 2002 18-F Hall Manor April 2002 to Harrisburg, Pennsylvania October 2002 8301 Presidents Drive, Apt. 714 October 2002 to Hummelstown, Pennsylvania February 2003 8301 Presidents Drive, Apt. 714 February 2003 to Hummelstown, Pennsylvania March 2003 17'h and Derry Streets March 2003 to Harrisburg, Pennsylvania June 2003 935 Scattergood Street June 2003 to Philadelphia, Pennsylvania January 2005 2444 Jefferson Street January 2005 Harrisburg, Pennsylvania to May 2005 935 Scattergood Street May 2005 to Philadelphia, Pennsylvania June 2005 25 South 24`h Street June 2005 to Camp Hill, PA 17011 February 2006 935 Scattergood Street February 2006 Philadelphia, PA 19124 to the present 7. The mother of the children is Tiffany Nakyma Mickens, currently residing at SAIDIS, FLOWER & LINDSAY nnowuexs•.muw 26 Weis High Smec Carlisle, PA Dauphin County Prison, Harrisburg, Dauphin County, Pennsylvania. She is single. 8. The father of the children is Robert Reynolds, II, currently residing at 25 24th Steret, Camp Hill, Pennsylvania. He is single. 9. The relationship of Plaintiff to the children is that of father. Plaintiff cu resides with Robert and Wendy Reynolds at 25 South 24'h Street, Camp Hill, Pennsylvania. 10. The relationship of Defendant Tiffany Nakyma Mickens to the children is that mother. She currently resides in Dauphin County Prison. The relationship of Defendant Mlckens to the children is that of maternal grandmother. She currently resides with paramour. 11. Plaintiff has not participated as a party or witness, or in another capacity, in litigation concerning the custody of the children in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the pending in a court of this Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceedings who has phys custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the child will be served by the relief requested because: a. Such relief will return the children to their home for the past eight with a parent; b. Plaintiff can best provide for the children's spiritual, physical emotional welfare. WHEREFORE, Plaintiff requests the Court to grant legal and primary physical custody, the children. Respectfully submitted, SAIDIS, FLOWER & LINI?8AY, P.C SAIDIS, FLOWER & LINDSAY nrrowuM-Arl. 26 West High Street Carlisle, PA Carol J. Lindsay, E ulre ID No.44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct. SAIDIS, FLOWER & LINDSAY 26 West High Sant Carlisle, PA understand that false statements herein are made subject to the penalties of 18 Pa. C.S. relating to unsworn falsifications to authorit Date' 3-3C cw /V R hJ .r? r? N (yl t.l -ti ROBERT REYNOLDS, II, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TIFFANY NAKYMA MICKENS, Defendant NO. o(c " ?? i CIVIL 2006 and VICTORIA MICKENS, Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes Robert Reynolds, II, by and through his counsel, Saidis, Flower Lindsay, and states as follows: 1. Plaintiff Robert Reynolds, It is an adult individual who resides at 25 South Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant Tiffany Nakyma Mickens is an adult individual who is residing at the Dauphin County Prison, Harrisburg, Pennsylvania. 3. Defendant Victoria Mickens is an adult individual who resides at 935 Street, Philadelphia, PA 19124. 4. Plaintiff and Defendant Tiffany Nakyma Mickens are the parents of twin four SAMIS, FLOWER & LINDSAY A??.?•aw 26 West High Street Carlisle, PA year-olds, Robert Bishop Emmanuel Reynolds, III and Alyssah Nakyma-Elizabeth Reynolds born January 25, 2002. 5. Defendant Victoria Mickens is the maternal grandmother of the children. 6. On the same day as the date of this Petition, Plaintiff filed a Complaint Custody of the children, a copy of which is attached hereto as Exhibit "A". 7. In approximately July of 2005, the children in this action commenced with Plaintiff and his parents, Robert and Wendy Reynolds at their home at 25 South 24`h Str in Camp Hill, Pennsylvania. From time to time, Defendant Tiffany Mickens would visit with children and occasionally take them for brief visits with her mother, Victoria Mickens, Philadelphia. 8. Defendant Tiffany Nakyma Mickens had sporadic contact with the children times not calling or visiting with them for three weeks. 9. On or about February 17, 2005, Defendant Tiffany Nakyma Mickens advised she wished to take the children for a week long visit with her mother, Defendant Victo Mickens, in Philadelphia. During that week, on February 20 or 21, Tiffany Mickens was arrest in New York or New Jersey. Upon information and belief, the arrest was on drug relat charges, but also on a warrant issued in Dauphin County on charges having to do with failure properly supervise the parties' children. At the time of Tiffany Mickens' arrest, the children we still visiting with their maternal grandmother, Victoria Mickens. 10. Since Tiffany Nakyma Mickens was arrested and incarcerated, the children not returned to Plaintiff and his parents on or about February 24, the promised return date When Plaintiff sought to pick up his children from the maternal grandmother, she refused to them over to him. 11. Officers from the Second District, Philadelphia, advised that they will enforce SAIDIS, FLOWER & LINDSAY nr uw- AT uw 26 Wes, High Scree, Carlisle, PA Court Order providing temporary custody of the children to Petitioner if such an Order provided to them, but that without the Order, they will not aid Petitioner in obtaining the return his children. 12. A conciliation conference is pending at which time the claims of the parties be resolved, but the status quo has been that, for at least eight months, the children resided at 25 South 24" Street in Camp Hill, Pennsylvania. WHEREFORE, Petitioner prays this Honorable Court to issue an Order pending conciliation, to provide legal and physical custody of the children to Petitioner and to the police department in Philadelphia to assist him in obtaining the return of his children. Respectfully submitted, SAIDIS, FLOWER & LINDSAY, P.C. ID No. 44693 26 West High Carlisle, PA 17 (717) 243-6222 Attorney for Plaintiff SAIDIS, FLOWER & LINDSAY ermnnexs Uw 26 West High Sma CAW, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Robert Reynolds, II •- Date: i Ac G G. SAIDIS, FLOWER & LINDSAY ATIOgNkYSpT•UN 26 West High Street Cartmit, PA Exhibit "A" ROBERT REYNOLDS, II, Plaintiff V. TIFFANY NAKYMA MICKENS, Defendant and VICTORIA MICKENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL 2006 IN CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in following pages, you must take action within twenty (20) days after this Complaint and Notice ; served by entering a written appearance personally or by attorney and filing in writing with court, your defenses or objections to the claims set forth against you. You are warned that if y fail to do so, the case may proceed without you and a judgment may be entered against you the Court without further notice for any money claimed in the Complaint or for any other claim relief requested by the Plaintiffs. You may lose money or property or other rights important you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORT BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SAMIS, FWVVER & LINDSAY ATR1pNE1'SAT•UW 26 West High Street Cadide, PA SAIDIS, FLOWER & IN QY, P.C. Carol J. Lindsay, E j(t Are ID No.44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff ROBERT REYNOLDS, II, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TIFFANY NAKYMA MICKENS, Defendant NO. CIVIL 2006 and VICTORIA MICKENS, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Robert Reynolds, II, residing at 25 South 24th Street, Camp Hi SAIS, F=R & LINDSAY AIIO NEVS.AT•IAW 26 Wes[ High Street Carlisle, PA Cumberland County, Pennsylvania. 2. The Defendants are Tiffany Nakyma Mickens, of Dauphin County Prison Harrisburg, Pennsylvania and Victoria Mickens of 935 Scattergood Street, Philadelphia, P< 19124. 3. Plaintiff seeks custody of the following children: Robert Bishop Emman? Reynolds, III, born January 25, 2002, and Alyssah Nakyma-Elizabeth Reynolds, born Janua 25, 2002. Name Present Residence Acme Robert Bishop Emmanuel Reynolds, III 935 Scattergood Street 4 Philadelphia, PA 19124 Alyssah Nakyma-Elizabeth Reynolds 935 Scattergood Street 4 Philadelphia, PA 19124 4. The children were born out of wedlock. 5. The children are presently in the custody of Defendant Victoria Mickens, resides at 935 Scattergood Street, Philadelphia, PA 19124. 6. During the past five years, the children have resided with the following pet and at the following addresses: Name Tiffany Nakyma Mickens and Victoria Mickens Tiffany Nakyma Mickens and Victoria Mickens Robert Reynolds, II and Tiffany Nakyma Mickens Robert Reynolds, II and Tiffany Nakyma Mickens Tiffany Nakyma Mickens Tiffany Nakyma Mickens (stayed with friends) Tiffany Nakyma Mickens and Victoria Mickens Tiffany Nakyma Mickens and Jessica Mickens (Mother's sister) Tiffany Nakyma Mickens and Victoria Mickens Robert Reynolds, II, Robert & Wendy Reynolds Victoria Mickens and paramour Residence Date Lancaster, Pennsylvania January 25, 2002 to February 2002 Philadelphia, Pennsylvania February 2002 to April 2002 18-F Hall Manor April 2002 to Harrisburg, Pennsylvania October 2002 8301 Presidents Drive, Apt. 714 October 2002 to Hummelstown, Pennsylvania February 2003 8301 Presidents Drive, Apt. 714 February 2003 to Hummelstown, Pennsylvania March 2003 17`h and Derry Streets March 2003 to Harrisburg, Pennsylvania June 2003 935 Scattergood Street June 2003 to Philadelphia, Pennsylvania January 2005 2444 Jefferson Street January 2005 Harrisburg, Pennsylvania to May 2005 935 Scattergood Street May 2005 to Philadelphia, Pennsylvania June 2005 25 South 24'h Street June 2005 to Camp Hill, PA 17011 February 2006 935 Scattergood Street February 2006 Philadelphia, PA 19124 to the present 7. The mother of the children is Tiffany Nakyma Mickens, currently residing at th SAIDIS, FLOWER & LINDSAY nrrowuEn.uw 26 West High Street Catlisle, PA Dauphin County Prison, Harrisburg, Dauphin County, Pennsylvania. She is single. 8. The father of the children is Robert Reynolds, II, currently residing at 25 24`h Steret, Camp Hill, Pennsylvania. He is single. 9. The relationship of Plaintiff to the children is that of father. Plaintiff resides with Robert and Wendy Reynolds at 25 South 24 'h Street, Camp Hill, Pennsylvania. 10. The relationship of Defendant Tiffany Nakyma Mickens to the children is that mother. She currently resides in Dauphin County Prison. The relationship of Defendant Mickens to the children is that of maternal grandmother. She currently resides with paramour, 11. Plaintiff has not participated as a party or witness, or in another capacity, in litigation concerning the custody of the children in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the ch pending in a court of this Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceedings who has custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the child will be served by g the relief requested because: a. Such relief will return the children to their home for the past eight with a parent; b. Plaintiff can best provide for the children's spiritual, physical emotional welfare. WHEREFORE, Plaintiff requests the Court to grant legal and primary physical custody the children. Respectfully submitted, SAIDIS, FWVVER & LINDSAY ATIbNNEYSAI'.IAW 26 West High S,,e" CAi,k, PA SAIDIS & LINI?SAY, P.C. Carol J. Lindsay, E! ID No. 44693, 26 West High St e Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff VERiFICATiON I verify that the statements made in the foregoing document are true and correct. SAIDIS, FWM7ER & LINDSAY AT10MM-AT-I 26 West High Street Carlisle, PA understand that false statements herein are made subject to the penalties of 18 Pa. C.S. relating to unsworn falsifications to authori Date: 3 3c -C c YQ1 ? - ' J i O'jb ROBERT REYNOLDS, II, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TIFFANY NAKYMA MICKENS, Defendant 1\10.0&-/(,f3 CIVIL 2006 and VICTORIA MICKENS, Defendant IN CUSTODY ORDER OF COURT ra AND NOW, this z1 day of MA0.?N 2006, upon consideration of the SAMIS, FLOWER & LINDSAY M APIAW 6 West High Street Carlisle !A Petition for Emergency Relief, it is hereby ordered and directed that Robert Reynolds, II shal have physical and legal custody of his children, Robert Bishop Emmanuel Reynolds, III, borr born January 25, 2002, and Alyssah Nakyma-Elizabeth Reynolds, born January 25, 2002 pending a conciliation conference to be held in Cumberland County, Pennsylvania, and ar Order issued therefrom. The police department of Philadelphia is authorized and directed tc provide assistance to Robert Reynolds, II in obtaining the physical custody of his childrer pending the conciliation. A hearing is set on the Petition for Emergency Relief for the 5 "-day , 200006 in Court Room No. S at the Courthouse in Carlisle, Pennsylvania 3.00 o'clock 7 M. BY THE COURT, ?N\ 1, ra ? k, J. s-?1(42 P ROBERT REYNOLDS, lI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-1653 CIVIL ACTION LAW TIFFANY KAKYMA MICKENS AND VICTORIA MICKENS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, March 27, 2006 , 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 Tuesday, May 09, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 homy prior to scheduled hearing. FOR THE COURT, By: l Jacqueline AL Verney, E_ sc _____ f_ 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 HAVEAN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 c J GS :Z -,,j j ICI!! JVL ROBERT REYNOLDS, IT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V TIFFANY NAKYMA MICKENS, Defendant CIVIL ACTION - LAW and VICTORIA MICKENS, Defendant 06-1653 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 5th day of April, 2006, the Court being advised that a custody conciliation hearing has been scheduled for May 9, 2006, the temporary order granting emergency custody to the natural father, Robert Reynolds, IT, will remain in effect until that date. During the interim period prior to the custody conciliation, the Court will authorize supervised visitation of the children with Victoria Mickens at times and places to be negotiated between the parties. The children will remain in Camp Hill, Cumberland County, Pennsylvania. The temporary Order shall remain in effect until the conciliation and/or further Order of Court. By the Court, M. L. Bert, Jr., J ?arol Lindsay, Esquire For the Plaintiff ` Xictoria Mickens, Defendant J G? 935 Scattergood Street I?IJ Philadelphia, Pa. 19124 :mtf ?az J __ ' C?. i ?l ?? _r:L :':` ? ?? LMAYAY 0 9 2006 ROBERT REYNOLDS, II, : IN THE COURT OF COMMON PL Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1653 CIVIL ACTION - LAW TIFFANY NAKYMA MICKENS : And VICTORIA MICKENS, : IN CUSTODY Defendants ORDER OF COURT it % AND NOW, this 10 day of May , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated March 22, 2006 and April 5, 2006 are hereby vacated. 2. The Father, Robert Reynolds, II shall have sole legal custody of Robert Reynolds, III, born January 25, 2002 and Alyssah Reynolds, born January 25, 2006. 3. Father shall have sole physical custody of the children. 4. Mother shall have periods of supervised visitation as Mother and Father agree. 5. Since Father objects to Grandmother's standing, any visitation the children have with Grandmother will be privately arranged. 6. This Order is entered pursuant to 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, --? LA % 'V` M. L. Ebert, Jr., J. ? ??3?;?EI?TED t, no i? 0 1 A VU sooz A*IONOH ()6d 3Kt do cc: Carol J. Lindsay, Esquire, Counsel for Father Tiffany Nakyma Mickens, pro se Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 Victoria Mickens, pro se 935 Scattergood Street Philadelphia, PA 19124 ROBERT REYNOLDS, II, Plaintiff/Respondent V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1653 CIVIL TERM TIFFANY NAKYMA MICKENS, Defendant/Petitioner and VICTORIA MICKENS, : IN CUSTODY Defendant/Respondent PETITION FOR MODIFICATION Petitioner, Tiffany Mickens, by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Mother, resides at a confidential location. 2. Respondent, hereinafter referred to as Father, is believed to reside at 25 South Twenty-Fourth Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Respondent, hereinafter referred to as Grandmother, resides at 935 Scattergood Street, Philadelphia, Philadelphia County, Pennsylvania 19124. 4. The above named parties are, respectively, the natural parents and maternal grandmother of Robert Bishop Emmanuel Reynolds, III, born January 25, 2002, and Alyssah Nakyma-Elizabeth Reynolds, born January 25, 2002. 5. The current Custody Order, attached as Exhibit "A" and incorporated herein by reference, is dated May 10, 2006, and was entered by the Honorable Judge M. L. Ebert, Jr. The Order, in pertinent part, grants Father sole legal and physical custody of the children. Mother has periods of supervised visitation as the parties may agree. Grandmother's standing has been questioned and per the Order, her visits with the children are arranged privately. 6. Mother is entitled to a modification of the current order, which is in the children's best interests, for reasons including but not limited to the following: a. When Father filed for custody, Mother was incarcerated in the Dauphin County Prison. She received notice of the custody conciliation only three days prior to the conciliation date and did not have time to retain counsel. Mother was advised by an employee of Dauphin County Prison that because the conciliation was not a Children and Youth Services matter, she would not be able to participate by telephone and would not be provided with transportation to attend personally. Consequently, Mother was not present at the conciliation. b. Father has not been cooperative in working with Mother to ensure that she has and consistent contact with the children. Despite an agreement to weekly visits, when Mother arrived to see the children, Father had taken the children from the home and then alleged that Mother was trespassing. The trespassing charges were later dropped following a hearing before Magisterial District Justice Manlove. c. The current arrangement requires Mother to visit the children under Father's supervision. During those visits, Father repeatedly makes unwanted and uninvited advances towards Mother, making the visits very uncomfortable and forcing Mother to focus on her safety rather than nurturing her relationship with the children. d. Father has gone, uninvited, to Mother's home in Harrisburg. During those visits, Father is intoxicated and makes unwanted advances on Mother. When Mother refuses his advances, Father withholds the children and refuses to allow Mother to visit on the agreed upon days. e. Most recently, Father demanded that if Mother wanted to see the children, she had to sign paperwork that he drafted giving her time on the second and fourth weeks of the month. Since Father had been withholding the children and Mother wanted any opportunity to see them, she signed the paperwork. This is not the arrangement that Mother wishes to follow and asserts that signing Father's proposed schedule is not indicative of her agreement thereto. f. Mother has a safe and stable home environment in which to exercise custody of the children. Mother has always been their primary caregiver and with the exception of her four month period of incarceration from February 18, 2006, through June 6, 2006, Father had little to no involvement in the children's lives. g. Mother is capable of caring for the children for extended periods of custody. 7. Counsel has confirmed that Father is no longer represented by Carol Lindsay, Esquire. Grandmother is not represented in this matter. WHEREFORE, Mother respectfully requests the following: a. That this matter be scheduled for a custody conciliation to modify the terms of the current custody Order. b. Any other relief this Court finds just and proper. Respectfully submitted, C.V L.J? a e E. D'Alo, Esquire Mi enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 } MAY 0 9 2006 -: i ROBERT REYNOLDS, II, : IN THE COURT OF COMMON PEAS OE Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1653 CIVIL ACTION - LAW TIFFANY NAKYMA MICKENS : And VICTORIA MICKENS, : IN CUSTODY Defendants ORDER OF COURT AND NONIV, this IOAday of , 2006, upon consideration of the attached Custody Conciliation R ort, it is ordered and directed as follows: 1. The prior Orders of Court dated March 22, 2006 and April 5, 2006 are hereby vacated. 2. The Father, Robert Reynolds, II shall have sole legal custody of Robert Reynolds, III, born January 25, 2002 and Alyssah Reynolds, born January 25, 2006. 3. Father shall have sole physical custody of the children. 4. Mother shall have periods of supervised visitation as Mother and Father agree. 5. Since Father objects to Grandmother's standing, any visitation the children have with Grandmother will be privately arranged. 6. This Order is entered pursuant to 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, Q 'M -fl, - P M. L. Eb rt, Jr., J. J 4' ? , c is ,"•J .. ? _? ? ... . a .i"i? 16s'?;?? Cae Si G.S.t ?.+}- fzi?.. 11 .E.,,-..w- rla of.'J. t.. cc: Carol J. Lindsay, Esquire, Counsel for Father Tiffany Nakyma Mickens, pro se Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 Victoria Mickens, pro se 935 Scattergood Street Philadelphia, PA 19124 ROBERT REYNOLDS, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1653 CIVIL ACTION - LAW TIFFANY NAKYMA MICKENS : And VICTORIA MICKENS, : IN CUSTODY Defendants PRIOR JUDGE: M. L. Ebert, Jr., J. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Robert Reynolds, III January 25, 2002 Father Alyssah Reynolds January 25, 2002 Father 2. A Conciliation Conference was held in this matter on May 9, 2006, with the following in attendance: The Father, Robert Reynolds, II, with his counsel, Carol J. Lindsay, Esquire. Mother, Tiffany Nakyma Mickens, is incarcerated in Dauphin County Prison. Although she was served with notice of the conference she did not appear, nor did she retain counsel to appear on her behalf. Grandmother, Victoria Mickens, although served with notice of the conference, did not appear. (The Conciliator waited 25minutes for the parries to apl:ar.)? 3. Prior Orders of Court were entered by the Honorable M. L Ebert, Jr. dated March 22, 2006 and April 5, 2006 providing for Father to have legal and physical custody of the children. 4. Father requested an Order in the form as attached. S' _o ? Date acqu 1ne M. Verney, Esquire Custody Conciliator VERIFICATION The above-named PETITIONER, TIFFANY MICKENS, verifies that the statements made in the above Petition for modification are true and correct. PETITIONER understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ^ fU 8? JIA4 MVK'..? - TIFFANY 11? KENS ROBERT REYNOLDS, II, Plaintiff/Respondent V. TIFFANY NAKYMA MICKENS, Defendant/Petitioner and VICTORIA MICKENS, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1653 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Petitioner, Tiffany Mickens, hereby certify that I have served a copy of the forgoing Petition for Modification by: U.S. First Class Certified Mail. Return Receipt to: Robert Reynolds, II 25 South 24th Street Camp Hill, PA 17011 and Date: 1C)CY, Victoria Mickens 935 Scattergood Street Philadelphia, PA 19124 Grace E. D'Alo, Esquire Mi Legal Services 401 ast Louther Street Carlisle, PA 17013 (717)243-9400 C=a W RECEIVED AUG 1 6 2006 ROBERT REYNOLDS, II, IN THE COURT OF COMMON PLE Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1653 CIVIL TERM TIFFANY NAKYMA MICKENS, Defendant/Petitioner and VICTORIA MICKENS, : IN CUSTODY Defendant/Respondent PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Tiffany Mickens, Petitioner, to proceed in forma ay u?eris. I, Grace E. D'Alo, attorney for the party proceeding in forma ap uneris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. a e E. D'Alo, Esquire d enn Legal Services 401 ast Louther Street Carlisle, PA 17013 (717) 243-9400 a a ..a "tax ? ? ?? ?' _ ??.:. P` ?-cr?i 37 Z..i ?D ?4 ? ROBERT REYNOLDS, II IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-1653 CIVIL ACTION LAW TIFFANY NAKYMA MICKENS AND VICTORIA MICKENS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, August 18, 2006 , 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 Thursday, September 14, 2006 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ac ue/ine M. Verne Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VINV- VSNw3d i. l??_111 Y ' 0 0 Wd 81 9AV 9002 A'tIV`il ON )111OE'd 3Hl. o 3"L-'.i^-13311i S E P 2 0 2006 { ROBERT REYNOLDS, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1653 CIVIL ACTION - LAW TIFFANY NAKYMA MICKENS : And VICTORIA MICKENS, : IN CUSTODY Defendants ORDER OF COURT AND NOW, this 'k5 kk day of S ???w•? tJ , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated May 10, 2006 is hereby vacated. 2. The Father, Robert Reynolds, II shall have sole legal custody of Robert Reynolds, III, born January 25, 2002 and Alyssah Reynolds, born January 25, 2006. He shall, however, provide Mother with all important information concerning educational, medical and religious matters affecting the children. 3. Father shall have physical custody of the children. 4. Beginning Sunday, September 24, 2006, Mother shall have supervised visitation with the children every Sunday from 2:00 p.m. to 7:00 p.m. with Mother's sister, Jessica Justin supervising and every Tuesday from 9:00 a.m. to 1:00 p.m. with maternal grandmother, Victoria Mickens supervising. 5. Transportation shall be shared such that the receiving party shall transport. 6. This Order is entered pursuant to 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. Another Conciliation Conference is scheduled for November 16, 2006 at 9:30 a.m. BY THE COURT, M. L. Ebert, Jr., J. ?Zi yid S? d3S goon .CHI 40 ."."f --lo-ond cc: Carol J. Lindsay, Esquire, Counsel for Father Grace D'Alo, Esquire, Mid Penn Legal Servic s, Counsel for Mother Victoria Mickens, pro se 935 Scattergood Street Philadelphia, PA 19124 SEP 2 0 2006 i ROBERT REYNOLDS, II, : IN THE COURT OF COM ON-.MEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1653 CIVIL ACTION - LAW TIFFANY NAKYMA MICKENS : And VICTORIA MICKENS, : IN CUSTODY Defendants PRIOR JUDGE: M. L. Ebert, Jr., J. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Robert Reynolds, III Alyssah Reynolds January 25, 2002 January 25, 2002 Father Father 2. A Conciliation Conference was held in this matter on September 19, 2006, with the following in attendance: The Father, Robert Reynolds, II, with his counsel, Carol J. Lindsay, Esquire; the Mother, Tiffany Nakyma Mickens, with her counsel, Grace D'Alo, Esquire, Mid Penn Legal Services and the Grandmother, Victoria Mickens, pro se. 3. A prior Order of Court were entered by the Honorable M. L Ebert, Jr. dated May 10, 2006 providing for Father to have sole legal and sole physical custody of the children, with Mother having supervised visitation as the parties agree. Father continued to object to Grandmother's standing. 4. The parties agreed to an order in the form as attached. Date acq ine M. Verney, Esquire Custody Conciliator ROBERT REYNOLDS, II, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TIFFANY NAKYMA MICKENS, Defendant NO. 06-1653 CIVIL 2006 and VICTORIA MICKENS, Defendant IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, Robert Reynolds, II, in the above captioned case. SAIDIS, FLOWER & LI FLOWER & LINDSAY A7 TRT'S•AT-IAW 26 West High Street Carlisle, PA Carol J. Lindsa , qu e ` Supreme Court I 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of th obert Reynolds, II, in the above captioned case. ?--- Todd C. Hough, Esquire 225 Market Street, Suit e304 P.O. Box 1245 Harrisburg, PA 17108-1245 Dated: ,Z? CERTIFICATE OF SERVICE On this ?(f day of ?,d BEie , 2006, I, hereby certify that on this date a copy of the attached document was served on the following individuals, via first class mail, postage prepaid, addressed as follows: Grace E. D'Alo MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 To C. Hough, Esquire 225 Market Street, Suit e304 P.O. Box 1245 Harrisburg, PA 17108-1245 SAIDIS, FLOWER & LINDSAY ?rroxr?vs•,vuw 26 West High Street Carlisle, PA .P. l? ti ,.., ., NOV 16 2006 V` ROBERT REYNOLDS, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1653 CIVIL ACTION - LAW TIFFANY NAKYMA MICKENS : Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 10-%Vt day of t? ay?wb c,r , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated September 25, 2006 is. hereby vacated. 2. Plaintiff hereby dismisses and withdraws the custody complaint against Defendant, Victoria Mickens, maternal grandmother. Victoria Mickens does not object to being dismissed as a party to the complaint. 3. The Father, Robert Reynolds, II and the Mother, Tiffany Nakyma Mickens, shall have shared legal custody of Robert Reynolds, III, born January 25, 2002 and Alyssah Reynolds, born January 25, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 4. Father shall have primary physical custody of the children. 5. Mother shall have supervised visitation with the children every Monday from 11:00 a.m. to 8:00 p.m. Maternal grandmother, Victoria Mickens, shall supervise, although an alternate supervisor is acceptable. Each party shall allow a fifteen minute travel time delay in the pick up and drop off of the children. 6. Transportation shall be shared such that the parties shall exchange custody at the YMCA on Front Street in Harrisburg. 7. Neither party shall do or say anything, nor permit a third party to 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. 8. This Order is entered pursuant to 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. Another Conciliation Conference is scheduled for January 3, 2007 at 8:30 a.m. BY THE COURT, V?(X -?? ?-a M. L. Ebert, Jr., J. cc: Todd Hough, Esquire, Counsel for Father ?1 Jessica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother -7 -v (v `. Victoria Mickens, pro se 935 Scattergood Street Philadelphia, PA 19124 7145 • • ROBERT REYNOLDS, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1653 CIVIL ACTION - LAW TIFFANY NAKYMA MICKENS : Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Robert Reynolds, III January 25, 2002 Father Alyssah Reynolds January 25, 2002 Father 2. A Conciliation Conference was held in this matter on November 16, 2006, with the following in attendance: The Father, Robert Reynolds, II, with his counsel, Todd Hough, Esquire; the Mother, Tiffany Nakyma Mickens, with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services and the Grandmother, Victoria Mickens, pro se. 3. A prior Order of Court was entered by the Honorable M. L Ebert, Jr. dated September 25, 2006 providing for Father to have sole legal custody and primary physical custody of the children, with Mother having supervised visitation two days per week. 4. The parties agreed to an order in the form as attached. A, ?&,,, Date ac eline M. Verney, Esquire Custody Conciliator DEB 0 9 200p? ROBERT REYNOLDS, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1653 CIVIL ACTION - LAW TIFFANY NAKYMA MICKENS : Defendant : IN CUSTODY ORDER OF COURT AND NOW, this R* day of 6f va N , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated November 17, 2006 is hereby vacated. 2. The Father, Robert Reynolds, II and the Mother, Tiffany Nakyma Mickens, shall have shared legal custody of Robert Reynolds, III, born January 25, 2002 and Alyssah Reynolds, born January 25, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 3. Father shall have primary physical custody of the children. 4. While the criminal charges in Dauphin County are unresolved, Mother shall have partial physical custody of the children every Monday and Tuesday from 11:00 a.m. to 2:00 p.m. and every Thursday from 5:00 p.m. to 8:00 p.m. 5. Once the criminal charges are resolved, by entry into the ARD program or nolle prossed, Mother shall have physical custody of the children from Sunday at 4:00 p.m. to Tuesday at 4:00 p.m. three weeks on/one week off, alternating. 6. Holidays: A. Birthdays. Mother shall have physical custody of the children on their birthday and Mother's birthday from 9:00 a.m. to 3:00 p.m. B. Mother's Day. If not otherwise Mother's period of physical custody, Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 3:00 p.m. C. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in odd numbered years and Block B in even numbered years and Father shall have Block A in even numbered years and Block B in odd numbered years. D. Thanksgiving, Easter, Memorial Day, July 40' and Labor Day. Mother shall have physical custody of the children from 9:00 a.m. to 3:00 p.m. 7. Father shall provide all transportation until Mother obtains transportation at which time transportation shall be shared as agreed. 8. Neither party shall do or say anything, nor permit a third party to 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. 9. This Order is entered pursuant to 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, ?* -? ?AAV M. L. Ebert, Jr., 0 J. cc/dd Hough, Esquire, Counsel for Father Xssica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother VIN VA-VSNN3d Q-1 -t AIWI L a :g WV ! 933 LODZ ,t&dIOl4`OHIOW 3H130 30U-!C ,W8 ROBERT REYNOLDS, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1653 CIVIL ACTION - LAW TIFFANY NAKYMA MICKENS : Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Robert Reynolds, III January 25, 2002 Father Alyssah Reynolds January 25, 2002 Father 2. A Conciliation Conference was held in this matter on February 8, 2007, with the following in attendance: The Father, Robert Reynolds, II, with his counsel, Todd Hough, Esquire; the Mother, Tiffany Nakyma Mickens, with her counsel, Jessica Holst, Esquire, Mid Penn Legal Services. 3. A prior Order of Court was entered by the Honorable M. L. Ebert, Jr. dated November 17, 2006 providing for shared legal custody, Father having primary physical custody of the children, with Mother having supervised visitation. 4. The parties agreed to an Order in the form as attached. 2-?oT A , Date acq -line M. Verney, Esquire Custody Conciliator ROBERT REYNOLDS, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CONTEMPT o '"ri TIFFANY NAKYMA MICKENS, C Defendant :NO. 2007- CIVIL TERM ;', v n fU 750 PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF rr, PARTIAL CUSTODY ORDER C: } The Petitioner, Tiffany Mickens, hereby brings this Petition for Civil Contempt, and respectfully requests that this Court find Plaintiff/Respondent, Robert Reynolds, in contempt of the February 12, 2007 Court Order. In support of her Petition, Petitioner states as follows: 1. On February 12, 2007, The Honorable J. Ebert entered an Order awarding Robert Reynolds (Father), and Tiffany Mickens (Mother) shared legal custody of their minor children, Robert Reynolds III and Alyssah Reynolds, and awarding Father primary physical custody and Mother periods of temporary physical custody of the child. A copy of the Order is attached to this Petition as Exhibit "A". 2. Under the February 12, 2007 Order, Mother shall exercise periods of partial physical custody of the children as follows: a. From Sunday at 4:00 p.m. to Tuesday at 4:00 p.m. three weeks on/one week off, alternating. b. Holidays: 1) Birthdays. Mother shall have physical custody of the children on their birthday and Mother's birthday from 9:00 a.m. to 3:00 p.m. 2) Mother's Day. Mother shall have physical custody of the children from 9:00 a.m. to 3:00 p.m. 3) Christmas shall be divided into two blocks. Block A shall be from Christmas Eve at noon to Christmas Day at noon, and Block B shall be from Christmas Day at noon to December 26 at noon. Mother shall have Block A in odd-numbered years and Block B in even-numbered years. 4) Thanksgiving, Easter, Memorial Day, July 4 h, and Labor Day. Mother shall have physical custody of the children from 9:00 a.m. to 3:00 p.m. 3. Per the February 12, 2007 Court Order, Father shall provide all transportation for custody exchanges until Mother obtains transportation, at which time it shall be shared. 4. Father has willfully failed to abide by the February 12, 2007 Order in that: a. Father has repeatedly refused to converse with Mother concerning the education, health, and religion of the children. On multiple occasions, Father has called the police on Mother reporting her for harassment when she has called him to obtain such information. b. On Easter Sunday (April 4, 2010), Father refused to allow Mother her holiday custodial time with the children. Father did not deliver the children to Mother until 3:00 p.m., in violation of the Custody Order. C. On Sunday, April 18, 2010, Father refused to allow Mother to exercise her custodial time with the children. Specifically: i) He advised Mother by telephone that he would no longer provide any transportation for custody exchanges. ii) He stated that if Mother wanted to exercise her custodial rights, she had to pick the children up within a half hour of his call. iii) Because she unexpectedly had to secure transportation, Mother arrived at Father's house at 6:00 p.m. to pick up the children, at which time no one was present at the house. iv) Father did not inform Mother that he was taking the children with him, nor did he inform her of where he was taking the children during her custodial period. v) On Monday, April 19, 2010, Father took the children to school; however, he did not allow Mother her custodial time after school; instead, he went to the school, picked up the children. and took them back to his own residence. vi) Mother had contacted the Middletown Police Department on April 18, 2010, and the police informed Father that he was violating the Court's Order by refusing to allow Mother to exercise her custodial time with the children. Father continues to violate the Order. 5. Per Local Rule 208.2(d), Plaintiff's attorney sought concurrence of opposing counsel, Louis Michelson, Esquire. Mr. Michelson does not concur with this Petition for Contempt. 6. Per Local Rule 208.3(a)(2), the judge who previously handled this case was the Honorable Judge M. L. Ebert. WHEREFORE, Petitioner requests that this Honorable Court: a. Find Father in contempt of Court for violating the Custody Order; b. Direct Father to comply with the February 12, 2008 Court Order; C. Award Mother additional custody time to compensate for the wrongful deprivation of her custodial time; d. Assess a $500 penalty against Father pursuant to 23 Pa.C.S. § 4346 for Father's contempt of the Court's Custody Order; e. Subject Father to imprisonment for a period of time not to exceed six months pursuant to 23 Pa.C.S. § 4346; f. Award Mother such other relief as the Court deems appropriate. Respectfully submitted, Date: 4 C) Allison eber Certified Legal Intern Anne Mac n -Fox, Esq. Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Tiff kens Defendant/Petitioner ROBERT REYNOLDS, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CONTEMPT TIFFANY NAKYMA MICKENS, : Defendant : NO. 06-1653 CIVIL TERM CERTIFICATE OF SERVICE I, Allison Weber, hereby certify that I am serving a true and correct copy of the petition for Civil Contempt for Disobedience of Partial Custody Order and sanctions under 23 Pa.C.S. § 4346 on Robert Reynolds, II, through his counsel, Louis J. Michelson, Esquire, at Law Offices of Ira H. Weinstock, P.C., 800 North Second Street, Suite 100, Harrisburg, PA 17102, by first class United States Mail on April 27, 2010. Date: Allison Weber Certified Legal Intern Anne NfacPbnald-Fox, Es . Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ROBERT REYNOLDS, II IN THE COURT OF COMMON PLEAS OF PL.AINTIIF CUMBERLAND COUNTY, PENNSYLVANIA 2006-1653 CIVIL ACTION LAW TIFFANY NAKYMA MICKENS IN CUSTODY I)EFITRANT ORDER OF COURT AND NOW, Friday, April 30, 2010 upon consideration of the attached Complaint, 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 Thursday, May 27, 2010 at 9:30 AM for a Pre Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinfi. FOR THE. COURT, Bv: /s/ acqueline M. Verney Esq. 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 FORTFI BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association ?{' ?? ??'?' 32 South Bedford Street '„j; P:,T / FM1 Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 La Co CX n c U PI.TF-? cc..??? ?{ • SO. I O 13&6c. Q?;,`es 'f O 'ek1 also "= ^ Q le. ?.:? --. Vef l V E?J "? a ROBERT REYNOLDS, II, Plaintiff V. TIFFANY NAKYMA MICKENS Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1653 CIVIL ACTION - LAW-? IN CUSTODY ORDER OF COURT i AND NOW, this 3?d day of ov r k cr 2011 upon > consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated June 1, 2010 shall remain in full force and effect with the following modifications. 2. The parties shall share physical custody of the children on a week on/week off basis with Friday after school being the exchange day and time. Mother's week shall begin November 4, 2011. 3. The parties shall cooperate in scheduling counseling for the children. Mother shall be responsible for payment. 4. The children may have pictures of their Mother in Father's home. 5. This Order is entered pursuant to 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. Another Conciliation Conference is scheduled for January 10, 2012 at 8:30 a.m. BY THE COURT, ?h ? ?Al M. L. Ebert, Jr., J. cb. Victoria Yaroslavskaya, certified legal intern, counsel for Mother Martin J. D'Urso, Esquire Family Law Clinic Robert F. Reynolds, pro se 415 S. 32nd Street 00pies Maud Camp Hill, PA 17011 111.3?l ROBERT REYNOLDS, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1653 CIVIL ACTION - LAW TIFFANY NAKYMA MICKENS : Defendant : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Robert Reynolds, III Alyssah Reynolds January 25, 2002 January 25, 2002 Father Father 2. A Conciliation Conference was held in this matter on November 1, 2011, with the following in attendance: The Mother, Tiffany Nakyma Mickens with her counsel, Victoria Yaroslavskaya, certified legal intern and Martin J. D'Urso, Esquire, Family Law Clinic and the Father, Robert Reynolds, II, pro se. 3. A prior Order of Court was entered by the Honorable M. L. Ebert, Jr. dated June 1, 2010, providing for shared legal custody, Father having primary physical custody of the children, with Mother having periods of partial physical custody on alternating weekends, Friday to Monday and for one month in the summer. 4. The parties agreed to an Order in the form as attached. Date ` acq line M. Verney, Esquire Custody Conciliator c'; ROBERT REYNOLDS, II, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 06-1653 CIVIL ACTION LAW TIFFANY NAKYMA MICKENS, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. ORDER OF COURT AND NOW this 15? day of February 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: This Order is entered pursuant to a Custody Conciliation Conference A Custody Hearing is hereby scheduled on the _5' day of 2012 at am/pw in Courtroom number 2 in the Cumberland Co my Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least: five days prior to the hearing date. 2. Legal Custod : The Father, Robert Reynolds, II, and the Mother, Tiffany Nakyma Mickens, shall have shared legal custody of Robert Reynolds, III born 01/25/2002 and Alyssah Reynolds, born 01 /25/2002. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent.. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Pending further Order of Court, Father and Mother shall share physical custody of the Children on a week on/week off basis with Friday after school being the exchange day and time. Mother's week shall begin 11/04/11. 4. Counseling: The parties shall cooperate in scheduling individual counseling for the Children. Mother shall be responsible for payment. Additionally, the parties are strongly encouraged to engage in therapeutic family counseling with a qualified professional. Payment, after appropriate payment through insurance, shall be split equally between the parties. 5. The Children may have pictures of the Mother in Father's home. 6. Holidays: a. Birthdays: Mother shall have physical custody of the Children on their birthday and Mother's birthday from 9 am to 3 pm. Father shall have a block of time with the Children on their birthday and a block of time on his birthday. b. Mother's Day/Father's Day: Each parent shall have custody of the Children on their respective days from 9 am to 9 pm. C. Christmas: To be divided into two blocks. Block A shall be from 12/24 at noon to 12/25 at noon and Block B shall be from 12/25 noon to 12/26 at noon. Mother has Block A in odd years and Block B in even years and Father shall have Block A in even years and Block B in odd years. d. Thanksgiving: Father has custody Thursday 9 am to 9 pm in even years and Mother shall have Thursday 9 am to 9 pm in odd years. e Easter: Father has custody Sunday 9 am to 9 pm in odd years and Mother shall have Sunday 9 am to 9 pm in even years f. Memorial Day, 07/04 and Labor Day: Mother shall have from 9 am to 3 pm with the Children. 7. Transportation: The non-custodial parent shall pick up the Children from the other parent. 8. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 9. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 10. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 11. In they event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 12. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 13. The parties have the option of contacting John Mangan, Esq. directly to schedule a conference prior to the scheduled Court hearing to try to resolve this matter. 14. This Order is entered pursuant to 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. Distribution: The Family Law Clinic "Robert Reynolds, 415 S. 32°d St., Camp Hill, PA 17011 John J. Mangan, Esquire By the Court, i J. jr rT-? w? 3r-_ ROBERT REYNOLDS, 11, Plaintiff v? TIFFANY NAKYMA MICKENS, Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-1653 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Robert Reynolds, III 01/25/2002 Father and Mother Alyssah Reynolds 01/25/2002 Father and Mother 2. An Order of Court was issued 06/01/10, a conference was held 11/01/11, an Order issued 11/03/11, and a Conciliation Conference was held with regard to this matter on January 10, 2012 with the following individuals in attendance: The Mother, Tiffany Nakyma Mickens, with her counsel, The Family Law Clinic The Father, Robert Reynolds, self-represented party Father's position on custody is as follows: Father would like the prior arrangement with Mother having weekends to be put back into place. Father has school concerns with the Children's grades slipping, the Children tardy to school during Mother's custodial periods and activities being missed. Father alleges that the Children are better off in his primary care and Father requests a hearing before the Court. 4. Mother's position is as follows: Mother indicates that the Children are doing well, the Children have a tutor and their grades are coming up, the Children have only been late about one time and Mother requests the status quo shared arrangement week on/off. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children" s best interest. It is expected that the Hearing will require one half clay. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date John J. an n, Esquire Custody Conciliator ROBERT T. REYNOLDS, II, Plaintiff, VS. TIFFANY NAKYMA MICKENS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 06-1653 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW this _!day of June, 2012, in consideration of Plaintiff's Motion for Continuance, it is hereby Ordered that the hearing scheduled for June 15, 2012 is continued. The i hearing is rescheduled for the ,?66 day of , 2012 at q R.m., in Courtroom No. a'" of the Cumberland County Courthouse. BY THE COURT: J. DISTRUBTION: Esquire, 800 North Second Street, Harrisburg, PA 17102 Michelsen Louis J , . y Andrew W. Norfleet, Esquire, Norfleet and Lafferty, LLC, 1300 Market Street, Suite 202B, Lemoyne, PA 17043 C 3 r` ? C F? p?/ - M _ D-Orr ?UL 'L.E . ii THE ?y ?" ROTHONOTA"k- 20I7 JUL I I AM 11'. 1$ Louis J. Michelsen, Esquire Supreme Court I.D. No. 90582 Y CUMBERLAND COUNTY Email: lmichelsen@weinstocklaborlaw.com PENNSYLVANIA IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Telephone: 717-238-1657 Facsimile: 717-238-6691 ROBERT T. REYNOLDS, II, Plaintiff, Attorney for: PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. vs. TIFFANY NAKYMA MICKENS, Defendant. No. 06-1653 CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S MOTION FOR CONTINUANCE AND NOW, the Plaintiff, Robert T. Reynolds, Il, by and through his counsel, Louis J. Michelsen, Esquire, respectfully submits this Motion for Continuance and in support there?f avers the following: 1. A Conciliation Conference was held on January 10, 2012. 2. An Order of Court was issued scheduling a hearing for July 20, 2012 at 9:30 in Courtroom No. 2. 3. Plaintiff's counsel has a previously-scheduled vacation in Thailand July 20, 2012. 5. Plaintiff's counsel has spoken with Andrew W. Norfleet, Esquire, and indicated that he would have no objection to continuing the hearing scheduled for July 20, 201 WHEREFORE, Plaintiff respectfully requests that the hearing scheduled for Jume 15, 2012 at 9:00 a.m. be continued. Respectfully Submitted IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By CERTIFICATE OF SERVICE Esquire, rnAND NOW, this 16th day of July, 2012, I, Louis J. Michelsen, atto ?y for the Plaintiff hereby certify that I served the within MOTION FOR CONTINUANCE ?n this day by depositing the same in the United States mail, postage prepaid, in the post office aHarrisburg, Pennsylvania, addressed to: By First Class Mail: Andrew W. Norfleet, Esquire Norfleet and Lafferty, LLC 1300 Market Street, Suite 202B Lemoyne, PA 17043 By: / (/ LO J. MICHELSEN Robert Reynolds, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIt V. : CIVIL ACTION-LAW ?.? Cam- r' Tiffany N. Mickens : ? '31w.. te , _ Defendant : NO. 06-1653 CIVIL TERM r,j WITHDRAWAL AND ENTRY OF APPEARANCE- c M1 TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for the Petitioner, Tiffan N. Mickens, at the above captioned docket. Respectfully submitted by, Megan iesmeyer, Esq FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Dated: 611t1ta PLEASE enter my appearance as attorney of record on behalf of the Petitioner, N. Mickens, at the above captioned docket. Respectfully *bp tted by: ?. Andrew N rfleet Dated: ?'' Z Z ? ROBERT T. REYNOLDS, II, Plaintiff, vs. TIFFANY NAKYMA MICKENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No 06-1653 . c CIVIL ACTION - LAW r- -rjrrn IN CUSTODY ORDER CD AND NOW this /q"day of July, 2012, in consideration of Plaintiff's Motion for Continuance, it is hereby Ordered that the hearing scheduled for July 20, 2012 is continued. The hearing is rescheduled for the P day of V 2012 at /,,&/ -..m., in , Courtroom No. a, of the Cumberland County Courthouse. DISTRUBTION: BY THE COURT: ? Louis J. Michelsen, Esquire, 800 North Second Street, Harrisburg, PA 17102 Andrew W. Norfleet, Esquire, Norfleet and Lafferty, LLC, 1300 Market Street, Suite 202B, Lemoyne, PA 17043 4es Act led 711411a_ )p-tj-1- oe ROBERT T. REYNOLDS, II, Plaintiff, VS. TIFFANY NAKYMA MICKENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 06-1653 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW this jg?_ day of October, 2012, in consideration of Defendant's Motion for Home Evaluations, it is hereby Ordered that the Defendant may schedule the evaluation of her home and the Plaintiff's home. The cost of both evaluations shall be paid by the Defendant. BY THE COURT: ?k -?, ?=a V M.L. EBERT, Jr., Judge /DISTRIBUTION: ?-s J. Michelsen, Esquire, 800 North Second Street, Harrisburg, PA 17102 Andrew W. Norfleet, Esquire, Norfleet and Lafferty, LLC IO ItIl a, "-?n rrl ._._. C-) = j r.. f CD U l ROBERT T. REYNOLDS, II, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, vs. TIFFANY NAKYMA MICKENS, Defendant. No. 06-1653 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW this day of October, 2012, in consideration of Defendant's Motion for Continuance, it is hereby Ordered that the hearing scheduled for October 12, 2012 is continued. The hearing is rescheduled for the q*- day of January, 2013 at .m., in Courtroom No. 12'-? of the Cumberland County Courthouse. BY THE COURT: C:) M.L. EBERT, Jr., Judge = `: f DISTRIBUTION: L is J. Michelsen, Esquire, 800 North Second Street, Harrisburg, PA 17102 Andrew W. Norfleet, Esquire, Norfleet and Lafferty, LLC, 1300 Market Street, Suite 202B, Lemoyne, PA 17043 12T I kz r"W LSCL l? 6 ROBERT REYNOLDS, ti, IN THE COURT OF COMMON PLEAS OF Plaintiff, _ CUMBERLAND COUNTY, PENNSYLVANIA V. TIFFANY NAKYMA MICKENS No. 06-1653 CIVIL ACTION LAW aWa Tiffany Kadri - Defendant IN CUSTODY Sri UI} Prior Judge: M.L. Ebert, Jr.,J. -�Y STIPULATION OF PARTIES AND ORDER OF COURT 1t �vnt. AND NOW,this_10 of May,2013, upon AGREEMENT OF THE PARTIES HERETO,it is Ordered and Directed as follows: L Legal Custodv: The Father, Robert Reynolds, It and the Mother, Tiffany Nakyma Mickens alkla Tiffany Kadri, shall have shared legal custody of Robert Reynolds, III born 01125/2002 and Alyssah Reynolds, bom 0112512002. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well being, including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S.A. Section 5309, each parent shall be entitled to all records and information pertaining to the Children, including, but not limited to, medical, dental, religious, or school records, the residence address of the Children and of the other parent. To the extent that one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. The parties also agree to share in the responsibility of attending said medical appointments with the Children. 2. PhVsieal Custodv: Mother and Father shall share physical custody pursuant to the following: a. Mother and Father shall share physical custody of the Children on a week on/week off basis with Friday after school being the exchange date and time; b. During the summer months, Mother and Father shall share physical custody of the Children on a week on/week off basis with Friday at 3:00 pm being the exchange date and time; 3. Coanselin¢: Father agrees to participate in therapeutic family and co-parenting counseling at Pennsylvania Counseling Services as determined appropriate by the farnilyleo-parenting counselor. Father and Mother will attend and participate in the therapeutic family and co-parenting counseling sessions in good faith and will comply with the recommendations set forth by the assigned counselor. If either Father or Mother fails to attend or participate in the therapeutic family and co-parenting counseling sessions, the assigned counselor shall notify counsel for both Father and Mother of the alleged non-compliance in writing. Father also agrees to allow the Children to remain in counseling at Pennsylvania Counseling, Services and will cooperate in facilitating the Children's attendance at all individual counseling sessions for both Children. Mother and Father agree that a counselor other than the assigned counselor for the Children's counseling sessions will provide the therapeutic Family and co-parenting counseling. The cost of the therapeutic family and co-parenting counseling, as well as the cost of the individual counseling sessions for the Children will be shared equally by Mother and Father. Mother and Father agree to continue the Fanrilytco-parenting counseling until the appropriate counselor/therapist notifies the parties, in writing, that the therapy is no longer needed and/or all therapy goals have been achieved. Both parties understand that any violation of this provision shall be deemed as contempt of this Agreement. 4. Holidays: The parents agree to the following Holiday schedule: a_ Birthdays: Mother shall have physical custody of the Children on their birthday and on Mother's birthday from 9:00 am to 3:00 pm. Father shall have physical custody of the Children on their birthdays from 3:00 pm until 7:00 pm and from 9:00 am to 3:00 pm on Father's birthday. b. Mother's Day and Father's Day: Each parent shall have custody of the Children on their respective days from 9:00 am until 9:00 pm. c. Christmas: Shall be divided into two blocks. Block A shall be from 12/24 at noon until 12/25 at noon and Block B shall be from 12725 noon to 12126 at noon. Mother shall have custody during Block A in odd years and Block B in even years. Father shall have custody during Block A in even years and Block B during odd years. d. Thanksgiving: Mother shall have custody on Thursday from 9:00 am until 3:00 pm and Father shall have custody from 3:00 pm until 9:00 pm in even years. Father shall have custody on Thursday from 9:00 am until 3:00 pm and Mother shall have custody from 3:00 pm until 9:00 pm in odd years- e. Easter: Mother shall have custody on Easter from 9:00 am until 3:00 pm and Father shall have custody from 3:00 pm until 8:00 pm in even years. Father shall have custody on Easter from 9:00 am until 3:00 pm and Mother shall have custody from 3:00 pm until 8:00 pm in odd years. f. Memorial Day/ Fourth of July/and Labor Day: Mother shall have custody of the Children on Memorial Day and Fourth of July in odd years with Father having custody of the Children on Memorial Day and the Fourth of July during even years. Father will have custody of the Children on Labor Day on odd years, with Mother enjoying custody of the Children on Labor Day in during even years. 5. Transportation: The non-custodial parent shall be responsible for picking-up the Children from the other parent. 6. The Children may have pictures of the Mother in Father's home. 7. Neither Father nor Mother shall prohibit any reasonable request by the Children to contact the other parent by telephone. Likewise, the non-custodial parent shall have liberal telephone contact with the Children when reasonable. 8. Father agrees to allow the Children to participate in a reasonable number of after school and summer activities, including, but not limited to sports, musical lessons, swimming lessons, karate, etc. Further, Mother and Father agree to allow the Children to participate in up to three activities which may include lessons for a musical instrument (currently piano), a sport and a self-defense /martial arts class. These examples are not intended to be exhaustive of the activities in which the Children may participate, but. Mother and Father agree that the Children will not participate in more than three activities at any time. Both Mother and Father agree that said after school activities will be suspended for either child if the child receives a progress report from school indicating that the child is failing the class. The Children may resume participation in the after school activity/extracurricuiar activity once the grade in question is cured to a non-failing grade. Mother and Father agree to share the costs, equally, of all extracurricular activities, including, but not limited to, the necessary uniforms, equipment, entry fees and travel costs. If Mother/Father is unable to pay for his/her equal share of any activity and the other party must pay for the entire cost of the extracurricular activity or equipment, the non-paying party agrees to pay the paying party within thirty (30) days. Mother and Father also agree to share, equally, the responsibility of transporting the children to and from their extracurricular activities. Finally, Mother and Father agree that, while both parents will encourage the Children to make a commitment to the activities that they choose and will support and encourage the Children to uphold their commitments,neither parent will force the Children to participate in an activity that he /she does not wish to participate in_ If either Child expresses the desire to stop participating in an activity, Mother and Father agree to discuss the wishes of the Child and take the necessary/appropriate action at that time. 9. Mother and Father agree that neither Mother nor Father (and their respective spouses) will engage in corporal punishment of the Children, anywhere on their bodies, including, but not limited to spanking/slapping/smacking the children with an open hand or object or using any substances, including, but not limited to 'hot sauce, vinegar, as punishment for the Children. 10. Mother and Father (and their respective spouses) agree that the Children will not be confined to a mom for more than one hour at a time as punishment. 11. Mother and Father agree that, if either should relocate to a new address (new address meaning an address at which they were not residing on the date this agreement is signed) the parent relocating to the new address will provide proof to the non-relocatin parent that his/her new residence is suitable/appropriate for the safety of the Children and that the new residence has an adequate number of sleeping quarters for the Children and an adequate, quite are to complete their homework. 12. Mother and Father agree that neither party may say or do anything nor permit a third party (including their respective spouses) to say or do anything that may estrange the Children from the other party or injure the opinion of the Children as to the other party or may hamper the free and natural development of the Children's love or affection for the other party. BOTH parties shall do everything in their power to not allow third parties (including their respective spouses) to disparage the other parent in the presence of the Children. 13. Mother and Father agree that neither party may say or do anything not permit a third party (including their respective spouses) to say or do anything that may estrange the Children from the other party's spouse or injure the opinion of the Children as to the other party's spouse or may hamper the free and natural development of the Children's love or affection for the other party or their spouse. BOTH parties shall do everything in their power to not allow third parties (including their respective spouses)to disparage the other parent or the other parent's spouse in the presence of the Children. 14.Mother and Father agree that neither party will discuss child-support or living expenses with the Children. Both Mother and Father recognize that discussing child-support or other financial matters with the Children is not productive and can cause the Children to feel guilty about the parties being responsible for their support. Any issues related to child-support and other economic support of the Children, for any reason (clothes, shoes, food,activities,etc) should be discussed between Mother and Father, only. 15- During any periods of custody or partial custody, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication or to the point where their ability to care for the Children is compromised. The parties also agree that third parties (including their respective spouses) will be bound by this provision when in the presence of the Children. 16. In the event of a medical emergency, the custodial parent shall notify the other party as soon as possible after the emergency is addressed. 17. Neither parent shall remove the Children from the Commonwealth without providing to the non-custodial parent: the intended destination and working phone number for the location where the Children may be reached. Such notice shall be provided within twenty-four hours of departure. 18. Both Mother and Father understand and agree that they will act in the best interest of the Children at all times and that it is in the best interest of the Children if they (Mother and Father) act in a respectful and cooperative manner with each other, including, but not limited to: a. Accommodating the reasonable request of the other party if such reasonable request is not specifically addressed herein; b. Attempting to discuss areas of disagreement in a calm and respectful manner without, whenever possible,calling the police- unless in emergency situations. By the Court: M.L. Ebert,J. Distribution: e ndrew W.Norfleet, Esquire— 1300 Market Street, Suite 2028, Lemoyne,Pa 17043 (Attorney for Mother/Defendant) Xouis Michelsen(Attorney for Father/Plaintiff)— Prothonotary/Clerk of Courts QlY1lf'00 1 �a ft3 WHEREFORE,the parties, intending to be hound,have set forth their signatures on this Stipulation for Children Custody with the desire it be adopted by the Court as a final Order. Louis I. Michelson, Esquire Robert Reynolds Andrew W-ortleet, Es Tiffan"Kadn L ROBERT REYNOLDS, II IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 06-1653 V. CIVIL ACTION -LAW m CO =M M___ NAKYMA MICKENS IN CUSTODY ,r . a/k/a TIFFANY KADRI `a BCD Defendant n = =n - H vC__ FOR DEFENDANT/: Andrew W.Norfleet, Esquire PETITIONER 1300 Market Street, Suite 202B Lemoyne,PA 17043 Phone: (717) 737-7574 Fax: (717) 737-5077 Email: awnga norlaflaw.com FOR PLAINTIFF/: Louis J. Michelsen, Esquire RESPONDENT 800 North Second Street, #1 Harrisburg,PA 17102 JOINT PETITON TO AMEND STIPULATED ORDER FOR CUSTODY Assigned Judge: Judge Ebert Andrew W.Norfleet, Esquire,Attorney for Defendant, Tiffany Kadri Louis J. Michelsen, Esquire,Attorney for Plaintiff, Robert Reynolds Andrew W. Norfleet, Esquire 1300 Market Street, Suite 202B Lemoyne,PA 17043 (717) 737-7574 (717) 737-5077 (FAX) Supreme Court No: 83894 awn @norlaflaw.com ROBERT REYNOLDS, II IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 06-1653 V. CIVIL ACTION-LAW TIFFANY NAKYMA MICKENS IN CUSTODY a/k/a TIFFANY KADRI Defendant JOINT PETITION TO AMEND STIPULATED ORDER FOR CUSTODY TO THE HONORABLE M.L.EBERT,JR.,JUDGE OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY: AND NOW, comes the Defendant/Petitioner, Tiffany Kadri,by and through her attorney, Andrew W. Norfleet, Esquire, and the law firm of Norfleet and Lafferty, LLC and the Plaintiff, Robert Reynolds, II,by and through his attorney, Louis J. Michelsen, Esquire and states the following: 1. The Defendant/Petitioner is Tiffany Kadri, (hereinafter "Ms. Kadri") residing at 4094 Fawn Drive, Harrisburg, Pennsylvania, 17112. 2. The Plaintiff/Respondent is Robert Reynolds, (hereinafter "Mr. Reynolds") residing at 415 South 32nd Street, Apartment#2, Camp Hill, Pennsylvania, 17011. 3. The Petition to Amend the Stipulated Order for Custody involves the following Children: Name Present Residence Date of Birth Robert Reynolds, II 4094 Fawn Drive 01/2002 Harrisburg,PA 17112 Alyssah Reynolds 4094 Fawn Drive 01/2002 Harrisburg, PA 17112 4. On May 29, 2013, the parties were scheduled for a custody hearing before this Honorable Court. 5. Prior to the hearing, the parties agreed upon a custody stipulation that was made the Final Order of Court on June 10, 2013. 6. The parties have agreed that it is in the best interest of the Children to remain in the care and custody of their Mother,Tiffany Kadri. 7. To that end, the parties have agreed to modify the Order of June 10, 2013 to grant Mother sole physical custody and sole legal custody of the Children. 8. The parties understand and agree that Father shall enjoy periods of visitation with the Children only at the agreement of the parties. 9. This Joint Petition will supersede, take priority over and replace the Order of June 10, 2013 and all provisions contained therein. As a result, for all holiday schedules, including Christmas, and summer vacations, Father will be permitted to visit the Children only at the agreement of the parties. 10. By signing this Joint Petition, the parties understand that, while Mother continues to encourage Father to participate in family counseling with Pennsylvania Counseling Services, Father is relieved of his duty to participate in said counseling. The parties also agree that, Father shall not seek to modify this Order unless and until he begins to participate in said family counseling and does so for a period of six (6) consecutive family counseling sessions. 11. Both parties have read and understand the contents of this Petition and both parties have enjoyed access to and advice from private counsel. 12. Father, in particular, has read and understands the contents of this agreement and has received advice and counseling from his attorney. 13.The parties respectfully request that this Honorable Court grant the relief requested herein. WHEREFORE, the Defendant, Tiffany Kadri, and the Plaintiff, Robert Reynolds, respectfully requests that the Joint Petition be GRANTED. Respectfully submitted, Lo 's J. Michelsen,Esquire Andrew W. Norfleet, Esq Attorney ID No.: Attorney ID No.: 83894 800 North Second Street, #1 1300 Market Street, Suite 202B/Lemoyne, PA 17043 (717) 238-1657 (717) 737-7574/FAX: (717) 737-5077 Attorney for Robert Reynolds Attorney for Tiffany Kadri WHEREFORE,the parties, intending to be bound,have set forth their signatures on this Stipulation for Children Custody with the desire it be adopted by the Court as a final Order. Robert Reynolds 4Tiffan Ka i b ROBERT REYNOLDS, II IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 06-1653 cw C-) V. CIVIL ACTION -LAW nom` Cn T— po TIFFANY NAKYMA MICKENS IN CUSTODY '— r a/k/a TIFFANY KADRI Defendant G s r ORDER " S� AND NOW, this 2 day of June, 2013, the Joint Petition To Amend Stipulated Order For Custody is HEREBY GRANTED. Pursuant to the Joint Petition To Amend Stipulated Custody Order, Mother is hereby GRANTED sole physical and legal custody of the subject Children. Father will be permitted to visit with the Children only upon the agreement of the parties. Father shall not seek to modify this Order, by Petition, unless and until he successfully completes six (6) consecutive family counseling sessions. This Order replaces the Order of June 10, 2013 and supersedes the terms of the Order of June 10, 2013. BY THE COURT, M.L. ert, Jr.,Judge Distribution: rew W.Norfleet, Esquire 1300 Market Street, Suite 202B, Lemoyne, PA 17043 Louis J. Michelsen,Esquire, 800 North Second Street, #1, Harrisburg,PA 17102 ROBERT.REYNOLDS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. NO.2006-1653 CIVIL ACTION-LAI.Na Zo M 321v M C= TIFFANY N.MICKENS, Defendant IN CUSTODY r—:z ORDER OF COURT AND NOW,this 1$t" day of July, 2013, in that a conciliation conference has not been requested, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, )acql�ineM.�Veme�yquire, Custody onciliator