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HomeMy WebLinkAbout02-3770 TABITHA N. .JONES, Plaintiff ; IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA v. ; CIVIL ACTION. LAW Defendant . ; NO. 02 - :17~o CIVIL TERM ; IN DIVORCE MICHAEL.J. FRY, PETITION FOR CUSTODY NOW comes the plaintiff, Tabitha N, Jones, by her attorney, Harold S. Irwin, III, Esquire, and presents the following petition for custody, representing as follows: 1. The plaintiff is Tabitha N. Jones, an adult individual residing at 66 School House Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The defendant is Michael J. Fry, an adult individual residing at 55 Tower Road, Dillsburg, York County, Pennsylvania 17019, 3. The parties are the parents of one minor child, namely Mia E. Fry (born February 25, 2002, age 4 months). 4. The child has resided with the plaintiff from the time of her birth, except for various times of temporary physical custody with the defendant. 5. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, other than the existing Order filed to this term and number, 6. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. Plaintiff believes and therefor avers that the best interests and permanent welfare of the child requires that the parties have joint legal custody of the child, that plaintiff have primary physical custody and that defendant have specified periods of temporary custody and visitation with the child in accordance with a schedule and under certain conditions which may be agreed upon at a conciliation to be held in this matter. WHEREFORE, plaintiff respectfUlly requests that the court enter an order providing for the legal and physical custody of the child as aforesaid. HAROLD S. IRWIN, III Attorney for plaintiff July 1, 2002 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court 1.0. No. 29920 VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. July 1, 2002 ~ TABITHA N. JONES ~ ~ 0 0 0 C N -n f-' ", s:: ". ~-I ~(r~ c: :~iF .(\ ...) --- q;lrl1 G") 4<- :'T~ 1 -r"' 1'1'1 -... -.J 0 b)r.:~ iI'): P' }> ::< .;;" C1' . , V, "~;::'C) CS' ......... ,<C: ~o _,:''-,', 'J'-- ;.,L):D VI ~~~ (,! ',.,.C) "'\ "'..C'" C5rn :PC: --l ~ 0 7' ""' ?P 44 ~ '-< 6 ~ ~ ~ . TABITHA N. JONES PLAINTIFF IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 02-3770 CIVIL ACTION LAW MICHAEL J. FRY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 14, 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 Tuesday, Au~ust 27, 2002 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 ifthis cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children aj);e 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 hearin~. FOR TIlE COURT. By: Isl Tacqueline M. Vermry, Esq. 1I'\.r 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 TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , . 'vf~~ ;~~ e(JN~ '#7? t ~~lt, ~rJ./lI/> ~ r $- ~ Mp. r;; r'r?-!l/. > I;/IN<Ji\l)"'SN~~3d IW1\rr1r]"-: 1,,"":\ 'I"r-'.IJ.. ."'Ol/\!:'if"\ , I'~- '-,/ '. " ~ '::h':; ,t iV S 'J :Z t':d ;, I :In\1 20 ::JO :i~_;lj:::C~-C!=!-i :::: . TABITHA N. JONES v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 02-3770 CIVIL ACTION LAW MICHAEL 1. FRY IN CUSTODY COMPLAINT FOR CUSTODY I. The counter-plaintiff is Michael J. Fry, an individual residing at 55 Tower Road, DilIsburg, York County, Pennsylvania, 17019. 2. The counter-defendant is Tabitha N, Jones, an individual residing at 66 School House Road, Gardners, Cumberland County, Pennsylvania, 17324. 3. The parties are the parents of Mia E. Fry born February 25,2002, age four (4) months. 4. The father of Mia E. Fry has cared for the child as follows; February 28 - March 9 stayed at the mother's home March 10-17 stayed every other night March 17 - April 8 visited mornings and weekends and had Mia several overnights at his home Week of April 8 Monday through Friday cared for child at his home from 7;00 a.m. until I ;00 p.m.- I ;30 p.m. Week of April 15 cared for child at his home from 7;00 a.m. until delivery to babysitter at I ;45 in Boiling Springs Week of April 22 to mid-July - Cared for child at his home from 7;00 a.m. until 1-1;30 p,m. Mid-July Mia went to babysitter as father's work schedule changed Week of August 4 cared for Mia with sister 7-5;00 p.m. Weekends with Mia: April 5- 7 April 19-21 ----.-, 5. Counre,--defendant mothe, ha, demed fath.,. the ,igbt to "e Mia weekday, May 3-5 May 17-19 May 31 - June 2 June 14-17 June 28-30 July 12-14 July 26-28 August 9-11 August 24-25 since August 11. 6. Counre,-.plainnff believ.. that Mia would beoefit from a 'oonouing relanommp with he,- fu1he,- and that it is in h.,. best interest to be 'ared f", hy a V-t when his work permits. 7. Counter-plaintiff requests that he have shared custody of his daughter as he <an me f", h" 00 weekdays from the lime the mo1he,- leav.. fo, worl< about 7:00 a.m. until he goes to work at 2:00 p.m. and on alternating weekends. WHEREFORE, Counter-plaintiff requests the court to enter an order as set forth above. Dated: August 26, 2002 ~~ne~~13~ ~ 10 West High Street Carlisle, P A 17013 717-249-1323 I verilY lbat lb. '<atem""" made m tIll, afIi<!av;t are true and COm"t I unde,.,tand that fal,e '<alemen" herem are made 'ubject to lbe penaJti", of 10 PaC.S. Sec. 4904 relating to unsworn falsification to authorities. Dated: ~";Ioq /~n-h,",~ V CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the Complaint for Custody was served by hand delivery to the office of Atty. Harold S. Irwin, III, 35 East High Street, SuiteslOl_ 102, Carlisle, Pennsylvania, and to the Conciliator, Jacqueline M. Verney, 44 South Hanover Street, Carlisle, Pennsylvania, on the 26th day of August, 2002. d ~ffZ Fr~-:-H~ Duca ~ 10 West High St. Carlisle, PAl 70 I3 Dated: August 26, 2001 --..--....- (".) 0 0 € (-..) ~"1 ~ -, '"{)o.:' 9? fT ' G' ---r-~ ::r:. N ~:::,.~i9 ~C ,K.. CP ,"" "-:'~("~ ~G -0 ';" -r. ~.-'ll ZO :5: {-)-- , ,Cl ~2 r;-? 6rf1 _.~ ~ ~ (3"' ;:<:: AUG 3 0 ZOOZ c./ TABITHA N. JONES, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-3770 CIVIL TERM MICHAEL J. FRY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this '1v\ day of ~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tabitha N. Jones, and the Father, Michael J. Fry, shall have shared legal custody of Mia E. Fry, born February 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 Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of partial physical custody: A. Beginning August 29, 2002, every Tuesday and Thursday from 7:00- 7:30 a.m. to 1:30 p.m. Mother shall transport the Child to Father's in the morning. Father shall drop the Child at day care in the afternoon. B. Alternating weekends, beginning September 7, 2002, Saturdays at 12:00 noon to Sundays at 6:00 p.m. Father shall be responsible for all transportation on the weekends. 4. Holidays: A. Thanksgiving: The parties shall split and alternate the Thanksgiving holiday from 9:00 a.m, to 3:00 p.m. (Block A) and 3:00 p.m. to 9:00 p.m. (Block B). Father shall have physical custody of the Child during Block A in even numbered years and Block B in odd numbered years. Mother shall have physical custody of the Child for Block A in odd numbered years and Block B in even numbered years. B. Christmas: Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 midnight Christmas Eve. Block B shall be from 12:00 midnight Christmas Eve to 10:00 p.m. on Christmas Day. Father shall always have physical custody of .. the Child durin!< Block A ond Mother shall always have physical custody of the Child during Block B. C. Boster' Boster shall be split ond al""",ed by the parties from 9,00 a.m. to 3,00 p.m. (Block A) ond 3,00 p.m. to 9,00 p.m. (Block B). Father sball have phYsical custody during Block A in even nnmbefed yearS end Block B in odd nnmb<<ed year', Mother shall have physical cnstody of the Child dnting Block A in odd nnmbered yearS ond Block B in even numbered years, D. Mother's DaylFather's Day' Mother shall have physical cnatodY of the Child on Mothe,'S Day ond Father shall have physical .,-dy of the Child on Father's Day. B. Eaeh partY shall be entitled to 14 vacation days during the year to be exercised oot mme _ 7 days co_otive\y, provided they give the other party 30 days prior notice. F. Child's Birthday' Fathe, shall be entitled to 6 honrs of physical custodY of the Child 00 her birthday if he does not otherwise have custody on that day. '- 5. This o,ue, is ente,ed pnrsoant to en agreement of the parties at a enatody Conci\iatioo eonferenee. "{be parties may modify the provisions ofthia O,de' by mmual consent. in the _ ofmmual consent, the terffiS ofthia oroc' shall con""\. J. cc: Harold S. Irwin, Ul, Esquire, for Mother Frances H. Del Duca, Esquire, for Father ~~ q.03'O,;u Q-. ~ If t!j f? .G.~p '..1_ ~J ">2" ~ C\/ 6) .:r: O<:l:' ~ ::.::5 81 -, .:s: .'~>! sf ~..~.. ~.%> 'j;> lfj ?t ?Jo:. :5 6 C'? I A.. L.! '~t ~/ TABITHAN. JONES, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2002-3770 CIVIL TERM MICHAEL J. FRY, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subj ect of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mia E. Fry February 25, 2002 Mother 2. A Conciliation Conference was held in this matter on August 27, 2002, with the following individuals in attendance: Mother, Tabitha N. Jones, was present with her counsel, Harold S. Irwin, III, Esquire. Father, Michael J. Fry, was present with his counsel, Frances H. Del Duca, Esquire. 3. The parties agreed to an Order in the form as attached. !';)./ ~o~ Date ~ 'il1.~ cq ine M. Vemey, Esquire Custody Conciliator HAROLD S. I_IN, III, ESQUIRE ATTORNEY ID NO. 2H20 84 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-80110 AnoRNEY FOR PLAINTIFF TABITHA N. .lONES, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA v. I CIVIL ACTION - LAW . . Defendant I NO. 02 . 3770 CIVIL TERM I IN CUSTODY MICHAEL .I. FRY, PETITION FOR MODIFICATION OF CUSTODY NOW, comes the petitioner, by her attorney, Harold S. Irwin, III, Esquire, and presents the following petition for modification of custody, representing as follows: 1. The petitioner is TABITHA N. JONES, an adult individual residing at 66 School House Road, Gardners, Cumberland County, Pennsylvania 17324, 2, The respondent is MICHAEL J. FRY, an adult individual residing at 55 Tower Road, Dillsburg, York County, Pennsylvania 17019. 3, The parties are the natural parents of one child, namely, Mia E. Fry (born February 25,2002, age 3 years), 4, The parties are subject to a custody agreement and an Order of Court, dated September 3, 2002, a copy of which is incorporated herein by reference and attached hereto as Exhibit "A", 5, The terms of that agreement and Order no longer provide an acceptable arrangement since the respondent's work schedule has changed and because respondent is not taking proper care or providing proper attention to the child while the child is in his custody. 6. Petitioner believes and therefore avers that a custody conciliation conference is necessary to resolve the difficulties that have arisen, 7. Petitioner believes and therefore avers that the best interests and permanent welfare of the child will be served by granting the instant petition, WHEREFORE, petitioner requests that this Honorable Court enter an order scheduling a custody conciliation conference in this matter to resolve the issues which now require a modification to the current custody order. HAROLD S. IRWIN, III Attorney for Petitione Supreme Court ID NO. ! March 2-2., 2005 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S.A Section 4904, relating to unsworn falsification to authorities, Marc~, 2005 C- , . EXHIBIT "A" ;IUJ6 ~{ iJ lOOr v' TABITHA N. ,JONES, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2002-3770 CIVIL TERM MICHAEL .1. FRY, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 3..u( _ day of ~}/:;,.J~ ,2002, upon consideration of the attached Custody Conci Jation Report, it is ordered and directed as follows: ]. The Mother, Tabitha N, Jones, and the Father, Michael J, Fry, shall have shared legal custody of Mia E, Fry, born February 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 Child's general well-being including, but not limited to. all decisions regarding her health, education and religion, 2, Mother shall have primary physical custody of the child. 3, Father shall have the following periods of partial physical custody: A. Beginning August 29, 2002, every Tuesday and Thursday from 7:00- 7:30 a,m, to ] :30 p,m, Mother shall transport the Child to Father's in the morning, Father shall drop the Child at day care in the afternoon. B, Alternating weekends, beginning September 7, 2002, Saturdays at 12:00 noon to Sundays at 6:00 p,m, Father shall be responsible for all transportation on the weekends, 4, Holidays: A. Thanksgiving: The parties shall split and alternate the Thanksgiving holiday from 9:00 a,m, to 3:00 p,m. (Block A) and 3:00 p,m, to 9:00 p,m, (Block B), Father shall have physical custody of the Child during Block A in even numbered years and Block B in odd numbered years, Mother shall have physical custody of the Child for Block A in odd numbered years and Block B in even numbered years, B, Christmas: Christmas shall be divided into two Blocks, Block A shall be from 12:00 noon on Christmas Eve to 12:00 midnight Christmas Eve, Block B shall be from ]2:00 midnight Christmas Eve to 10:00 p,m, on Clu'istmas Day. Father shall always have physical custody of the Child during Block A and Mother shall always have physical custody of the Child during Block B. C, Easter: Easter shall be split and alternated by the parties from 9:00 a,m, to 3:00 p,m, (Block A) and 3:00 p,m, to 9:00 p,m, (Block B), Father shall have physical custody during Block A in even numbered years and Block B in odd numbered years, Mother shall have physical custody of the Child during Block A in odd numbered years and Block B in even numbered years, D, Mother's Day/Father's Day: Mother shall have physical custody of the Child on Mother's Day and Father shall have physical custody of the Child on Father's Day, E, Each party shall be entitled to 14 vacation days during the year to be exercised not more than 7 days consecutively, provided they give the other party 30 days prior notice, F, Child's Birthday: Father shall be entitled to 6 hours of physical custody of the Child on her birthday ifhe does not otherwise have custody on that day, 5, This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference, The parties may modify the provisions of this Order by mutual consent, In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, h / f:lr,,, , Ii f'1./'J ' I ], cc: Harold S, Irwin, III, Esquire, for Mother Frances H. Del Duca, Esquire, for Father rR~}E (',,()py FROf.i7 f.1'C:C,ORD 11' ''''(~'IiJlr~ri<~r" "i': ".,', ",( ! - _ . . ",~ ",,"'1 'i~ICi',)i:,,' In;:~rl;U.-:tj"""~t""'jL,,.~I"">"'" r.-: ,':' . ( '\ ,<., '.'''''',j. i,l,; IlCi~V ,1" .-<'""l.e, ' 'joJf) '( - L+._:1..'Z--,'t,JL 0>;'1:1::Jf<<-- ;0~~ ~ . -~- ~ '.77 - rrut~!0!1(:13r" ", C) '-"11 ~.;;: -.:;1 ....... \,"1 \J if( /'-' ~ i- \) C> ---.. on. -0 C; , , " I)- ~ ~,' 1J -0 . .~ c.>.; -C ~ F- ~ '. .) t? -f-.--- ( , TABITHA N, JONES PLAINTIFF IN THE COURT OF COMMON PEAS OF CUMBERLAND COUNTY, PENN YLVANIA V. 02-3770 CIVIL ACTION LAW MICHAEL J. FRY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday,.Al'ril 06, 2005 _.._' upon consideration ofth attachcd Complaint, it is hereby dirccted that partics and their respectivc counsel appcar before Jacqueline M, Ve uey, Esq, ,the conciliator, at 4th Floor, Cumherland Couuty Courthouse, Carlisle on Thursday, May 05, 2 05 at 9:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resol e 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 lnIo a lemporary order. All children age five or older may also be present at the conference, Failure to appe r 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 f om Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to schedule hearing, FOR THE COURT, By: Isl Jacqueline M. Verney, Esq. .iJ-- Custody Concilialor The Court of Common Pleas of Cumberland County is required by law to co ply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonabl accommodations available to disabled individuals having business before the court, please contact our of Ice. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You n ust attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. I" YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T E OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 SouIh Bedford Streel Carlisle, Pennsylvania 17013 Telephone (7 I 7) 249-3166 ~'7l fip ';-. rmW ~ ~JdJ'h ,l)P ~ ~ 7tL,it) dJ /; ~) frv ,tj., I'?/F"'Vl'~} .r?) 5'71'/T '"Jii\"J"'l' .....\: ',' "i 'I'; /1 '. i/\~';J \J;~d A.LN:;n'~" ,..-;: \,:'-i: ,,:~,-:,,,.,I;""I" ,-., ' ""'i; ,..1 61 :8 Hd 9- ~dV SOOZ AbilUio'L.O::id 3H1 .:10 381:I~o-031!:! RECEIVED MAY 05 200Sf J. TABITHAN. JONES, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V, : NO. 2002-3770 CIVIL TERM MICHAEL J. FRY, Defendant : CIVIL ACTION - LAW : IN CUSTODY AND NOW, this \J day of , 2005, upon consideration of the attached Custody Conciliation Report, it is or ered and directed as follows: I, The prior Order of Court dated September 3, 2002 shall remain in full force and effect with the following modifications, 2, Paragraph 3 is hereby deleted and replaced with the following: 3, Father shall have the following periods of partial physical custody: A, Alternating weekends from Saturday at 12:00 noon to Monday at 1:30 p,m, B. One day on the off week upon reasonable notice from Father of his availability from 7:00 -7:30 a,m, to 1:30 p,m. C. On Father's non-custodial Saturday, if Mother is in need of a babysitter for more than four hours, Mother shall contact Father and offer him the opportunity to have physical custody of the child, 4, This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference, The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this order7ontrol. " I BYTHE COURT// , ,< /' , . !.~ --- Edgar , ayley, ], ~ cQ;...l-(arold S, Irwin, lll, Esquire, for Mother ~ichael ], Fry, pro se 525 S, West Street Carlisle, PA 17013 ~ ~ OJ -0& -0.5 ~. it{ 1'-- 1.JI\::: ~~:~.-::' '{;\~>" \.:DO- ~U.J U-fS U- o ,n .::r 9 .- """ ...~ ...0 I ~'~ ""- ..,., =' C".l I::~ ..-- TABITHA N. JONES, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2002-3770 CIVIL TERM MICHAEL J, FRY, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B- Bayley, 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: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mia E. Fry February 25, 2002 Mother 2, A Conciliation Conference was held in this matter on May 5, 2005, with the following individuals in attendance: Mother, Tabitha N.lones, was present with her counsel, Harold S, Irwin, III, Esquire, Father, Michaell, Fry, was present, pro se. 3, The Honorable Edgar B. Bayley entered an Order of Court dated September 3, 2002 providing for shared legal custody, with Mother having primary physical custody and Father having alternating weekends and two mornings per week, 4, The parties agreed to an Order in the form as attached, 5-5 'u)~ Date ~;U.~~ ac eline M, Verney, Esquire Custody Conciliator STACY B. WOLF, ESQUIRE ATfORNEY In NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATfORNEY FOR PETITIONER TABITHA N. JONES, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW MICHAEL]. FRY, Defendant : NO. 2002 -3770 CIVIL TERM : IN CUSTODY PETITION FOR MODIFICATION AND NOW comes the defendant, Michael]. Fry, by his attorney, Stacy B. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The defendant/petitioner is Michael]. Fry, an adult individual residing at 1930 B Fryloop Road, Carlisle, Gnnberland County, Pennsylvania 17013. 2. The plaintiff/respondent is Tabitha N. Jones, an adult individual residing on Rebecca Street, Carlisle, G.unberland County, Pennsylvania 17013. 3. The parties are the natural parents of one minor child, namely: Name Present Residence Age Mia E. Fry Rebecca Street Carlisle, P A 17013 4 years 4. The child is presently the subject of an Order for Glstody issued in May, 2005, providing for shared legal custody and primary physical custody of the child with Mother and periods of partial physical custody of the child with Father on alternating weekends, one day on the off week, the right of first refusal on Father's non-custodial Saturday, fourteen days of vacation, and pursuant to a holiday schedule. A true and correct copy of the order of which modification is sought is attached hereto as Exhibit A 5. Father seeks a modification of custody based upon developments that have occurred since the issuance of said custody order and based upon his belief the child would benefit from increased time in Father's custody. 6. Father has a good relationship with the child and shares a strong bond with her. 7. Prior to March, 2006, Father was working second and third shifts. 8. Since March, 2006, Father has been employed full-time during the day from 9:00 a.rn. until 5:00 p.rn. 9. Due to his current employment schedule, Father has more time to be able to spend with and care for the child. 10. Father avers that the basis for his actions concerning his child is solely motivated by his concern for the child's best interests and pennanent welfare. 11. Father believes and therefore avers that it would be in the best interests of the child for the Court to issue an order granting shared physical custody of the child to Father with Father having custody every other week. 12. Father believes and therefore avers that the best interests and pennanent welfare of the child would be best served by the entry of an order as aforesaid. WHEREFORE, Plaintiff Michael]. Fry, prays this Honorable Court enter an Order granting shared physical custody of Mia to Father on an every other week schedule, and any other relief the Court deems appropriate. Dated: July J!i, 2006 By: Respectfully submitted, Wolf & Wolf ~ Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Petitioner VERIFICATION I, the plaintiff in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.CS. ~4904, relating to unsworn falsification to authorities. July JiL, 2006 ~/~ Michael J. Fry STACY B. WOLF, ESQUIRE ATTORNEY ill NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PETITIONER TABITHA N. JONES, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW MICHAEL]. FRY, Defendant : NO. 2002 -3770 CIVIL TERM : IN CUSTODY CERl'IFICATE OF SERVICE I, the undersigned, hereby certify that I served a copy of the foregoing Petition for Modification on the following party on this date and in the manner indicated. SERVICE BY FIRST ClASS MAIL: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, P A 17013 Date: July 4,2006 sd:!::ty. W1l Anomey for Petitioner t,~.," --... (._-- :-::1 ~ , , . r r }r -,- - -.-. - --,' ....... -:) i5'9 eo ~ <r; ~--,) C) ~ ~ ( \JJ ~ ~ --0 ... TABITHA N. JONES PLA INTlFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-3770 CIVIL ACTION LAW MICHAEL J. FRY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, July 24, 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, Aueust 24, 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 hearin!!. FOR THE COURT, By: Isl ac ueJine M. Verne Es 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 infon11ation 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 A TTORNEY 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 ] 7013 Telephone (717) 249-3166 , ~--4'/~r1 fp __I'~~V ~ ;;Q-h~.t... ~ ~ $- r ~14 "l(/-~~,t.. ~C1 jp ~ ~ ~'-f11V dJ~./7eL I ~ 4 If I t-' "'"f -'''', I. . J" '.":! r' ] I' ~ I, q ~,,; 1 v 'v ,,'.,J v;;. .'J0,-, V. AUG 2 5 2006~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA o.ll- 3'1'10 : NO.1881-lJ~ CIVIL ACTION - LAW TABITHA N. JONES, Plaintiff MICHAEL J. FRY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this job- day of consideration of the attached Custody Conci iati follows: , 2006, upon Report, it is ordered and directed as j 1. A Hearing is scheduled in Court Room No. ;;.. ,of the Cumberland County Court House, on the I q~ day of /J~hII b,tA ' , 2006, at 1: ~ D o'clock, JL. M., at which time testimony wi!l b taken. 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 ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the Prior Orders of Court dated September 3, 2002 and May 8, 2005 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Edgar cc:~y B. Wolf, Esquire, counsel for Father c;r'abitha N. Jones, pro se . 1054 Rebecca Street ~ Carlisle, P A 17013 J. '\ ~ "r)D ~'::r o :>... If ti fJ-JP '. '-',,;' ~ /l!f? ~ ?t"'. ">:' ,Cj('F,l ;:yo: ~ If: g; C"';j it; .~ ~ """ '-' ~ ~ , r:::: > ~ ~.") .:g: '.'< ..';3 :;,"~-: -<,0) .',"'/~;::> ,"J;;:: 'ilf!! :'5 o . . , ". ;. t\;. ~. , TABITHA N, JONES, PlaintifflRespondent AUG 2 5 200~ I~ : IN THE COURT OF COMMON PLEAS OF r' : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO, 2002-3770 CIVIL ACTION - LAW MICHAEL J. FRY, Defendant/Petitioner : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, p, 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Mia E. Fry February 25, 2002 Mother 2. A Conciliation Conference was held August 24, 2006 with the following individuals in attendance: The Father, Michael J, Fry, with his counsel, Stacy B. Wolf, Esquire, and the Mother, Tabitha N. Jones, pro se. 3. The Honorable Edgar B. Bayley, P.J., previously entered Orders of Court dated September 3, 2002 and May 8, 2005 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends, one evening on the off week, the right of first refusal on his off Saturday and 14 days vacation. 4. Father's position on custody is as follows: Father seeks shared legal and shared physical custody on a week on/week off basis, Father asserts that his work schedule is now conducive to having shared physical custody as he is no longer working the night shift, He also maintains that the child wants to spend more time with him and that he is an appropriate caregiver for the child. S. Mother's position on custody is as follows; Mother seeks to maintain the status quo. She asserts that Father has not taken advantage of all of the time currently afforded to him under the present Order of Court. She offers that the Father's home is not appropriate and that Father and his girlfriend fight in front of the child. 6, The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the current Order of Court. It is expected that the hearing will take one-half day. '6 ,~\.O~ Date ~JJ1~ Custody Conciliator . ~ TABITHA N. JONES, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL J. FRY, DEFENDANT AND NOW, this 02-3770 CIVIL TERM ORDER OF COURT ~ day of September, 2006, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Tabitha N. Jones and Michael J. Fry shall have shared legal custody of their daughter, Mia E. Fry, born February 25,2002. (3) The mother shall have primary physical custody of Mia. (4) The father shall have periods of temporary physical custody as follows: (a) Starting in 2007, from the first Sunday in June until the last Sunday before Mia starts kindergarten, and after 2007 starting on the first Sunday Mia is on summer vacation from school (rather than from the first Sunday in June as in 2007), during alternate weeks from Sunday at 6:00 p,m. until the following Sunday at 6:00 p.m. f'..,) (b) Except as in subparagraph (a), every other weekend {rpm Frid~ co - -"I, en .. I"" evening until Monday morning when he shall return Mia to daycare-9.. choot, c,_; N -:,:j N and one day during each week, upon reasonable notice, from aftefN(4nis work until the next morning when he shall return Mia to daycare orJ~a,o ~J>"" (.0.) .... 02-3770 CIVIL TERM (5) The holiday schedule shall be as follows: (a) ThanksQiving: The parents shall alternate Thanksgiving from 9:00 a.m. to 3:00 p.m. (Block A), and 3:00 p.m. to 9:00 p.m. (Block B). The father shall have Mia during Block A in even numbered years and Block B in odd numbered years. The mother shall have Mia for Block A in odd numbered years and Block B in even numbered years. (b) Christmas: Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 midnight Christmas Eve. Block B shall be from 12:00 midnight Christmas Eve to 10:00 p.m. on Christmas Day. The father shall always have Mia during Bock A, and the mother shall always have her during Block B, (c) Easter: The parents shall alternate Easter from 9:00 a.m. to 3:00 p.m. (Block A), and 3:00 p.m. to 9:00 p.m. (Block B). The father shall have Mia during Block A in even numbered years and Block B in odd numbered years. The mother shall have Mia during Block A in odd numbered years and Block B in even numbered years. (d) Mother's Dav/Father's Day: The mother shall have Mia on Mother's Day and the father shall her on Father's Day. (e) Mia's Birthdav: The parents shall arrange for both of them to be with Mia at times during her birthday. -2- .. ). 02-3770 CIVIL TERM Dirk Berry, Esquire For Tabitha N. Jones Stacy Wolf, Esquire For Michael J. Fry :sal -3- fr.: ~ o uJ --. 0"-'-- -0 u... ~- ft .-\..-...- ~'5h 6d: UJO- :=Il.L1 O:(E ~ o o "" .. - >- t-'., ........y. /:- :::J <( '.':c:.:;; ::-=-",:;':i" .~ ::3 ." >:- c u:; ~ '~l~~ ~~, ......IIU ?jj lJ- "5- .~ (.) :.c ..0:: N N 0- W C/) -..D = = ""