HomeMy WebLinkAbout95-00686
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
NO. 1995- ~8(P CIVIL .,-~
DARYL MOORE,
Plaintiff ,
KIMBERLY FRAKER,
Defendant
ORDER OF COURT
AND NOW, ~r~ry
It..
.
, 1995, upon consideration
of the attached Complaint, it is hereby directed that the parties
and their respective counsel appear before -flcA......,n S. )V\hr/....! t:~.
, the Conciliator, on the ~ day of I'l'brcA
2" I. . Sll"l((~''';. .,\,.,.,
~, 1995, at ~41.I\'1"'1\ . , 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 J~~ also be
present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent Order.
FOR THE
COURT,
.dAA~
Conci liator
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF ~H~ COURT ADKtNISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
By:
J~Vl
Custody
DARYL MOORE,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
v.
KIMBERLY FRAKER,
Defendant
NO. 1995-
CIVIL
COMPLAINT FOR CUSTODY
1. The plaintiff is Daryl Moore, residing at 707 Hertzler Road,
Mechanicsburg. PA 17055. (Father).
2. The defendant is Kimberly Fraker, residing at 1223 Pine Road,
Carlisle, PA 17013. (Mother).
3. Plaintiff seeks custody of the following child:
Name
Present Residence
Age
Brandon Lee Fraker
1223 pine Road
Carlisle, PA 17013
2 mos.
The child was born out of wedlock.
The child is presently in the custody of Kimberly Fraker, who
resides at 1223 Pine Road, Carlisle, PA 17013.
During the past five years, the child has resided wi th the
following persons and at the following addresses:
Kimberly Fraker
1223 Pine Road
Carlisle, PA 17013
birth 11/23/94
- present
The mother of the child is Kimberly Fraker, currently residing
at 1223 Pine Road, Carlisle, PA 17013.
She is single.
The father of the child is Daryl Moore, currently residing at
707 Hertzler Road, Mechanicsburg, PA 17055.
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He is single.
4. The relationship of the Plaintiff to the child is that of
father. The plaintiff currently resides with the following
persons:
Name Relationship
Robert Moore Father
Shirley Moore Mother
5. The relationship of Defendant to the child is that of mother.
The Defendant currently resides with the following persons:
Name Relationship
Brandon Lee Fraker son
Ken Fraker father
Carole Fraker mother
Don Thoman boy friend
6. 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.
pI ainti ff does not know of a person not a party to the
proceeding who has physical custody of the child or claims to have
custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child will be
served by granting the relief requested because:
Mother and Father have never been married. Father desires to
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be, and is full y capabl e of being. an active parent whil e
Mother continues to exert full custody. Father has visited
regularly with Child since his birth on November 23, 1994.
Without sufficient justification, Mother and her parents have
refused to let Father visit with Child without Mother or her
parents present. The presence of Mother's parents and her
fiance have made these visits very difficult for Father.
without sufficient justification, Mother and her parents have
refused to let Father take Child anywhere other than their
home. The pressure of Mother's parents and her fiance have
made visi ts wi th Chil d by Father's mother and his sister
difficult and visits by Father's other family members
impossible. As a result, Child has been, and will continue to
be, substantially deprived of the company of Father's family.
8. Each parent whose parental rights to the child have not been
terminated and the person who has physical custody of the child
have been named as parties to this action. All other persons,
named below, who are known to have or claim a right to custody or
visitation of the children will be given notice of the pendency of
this action and the right to intervene.
None
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DARYL MOORE,
Plainti ff,
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
j,
KIMBERLY FRAKER,
Defendant
NO. 1995-
CIVIL
VERIFICATION
I, Daryl Moore, verify that I am the Plaintiff in the above-
captioned matter and that the averments of fact made in this
Complaint are true to the best of my personal knowledge or
information and belief. This verification is made subject to the
penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to
authorities.
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DARYL MOORE, I
Plaintiff I
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v.
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KIMBERLY FRAKER .
.
(THOMAN) , I
Defendant .
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-686 CIVIL TERM
AND NOW,
ORDER OF COURT
this 2 t--tl.day of February,
1998, upon consideration
of Plaintiff's Emergency Petition for Special Relief, a hearing is
SCHEDULED for Friday, March 13, 1998, at 3:00 p.m., in Courtroom
No.1, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Thomas D. Gould, Esq.
2 East Main Street
Shiremanstown, PA 17011
Attorney for Plaintiff
Kimberly Fraker (Thoman)
67 Rustic Drive
Shippensburg, PA 17257
Defendant, Pro Se
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DARYL MOORJI:,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 95-686 CIVIL TERN
KIMBERLY I'RAKER (THOMAN),
CIVIL ACTION - LAW
Defendant
CUSTODY ACTION
ORDER OF COURT
AND NOW, this
day of February, 1998, upon consideration
of the attached Petition for Special Relief, pursuant to Pa. R.C.P.
1915.13, it is hereby ordered that pending further order the
Plaintiff/Petitioner, Daryl Moore, is awarded temporary physical
custody of his son, Brandon Lee Fraker, born 11/23/94, subject to
agreed upon periods of supervised visitation by Defendant/
Respondent, Kimberly F~aker (Thoman). It is further ordered that
an expedited Pre-Hearing Custody Conference be scheduled before the
appropriate Custody Conciliator to address the issues raised in
Petitioner's Emergency Petition and his Petition to Modify Custody.
By the Court,
J.
6. On Sunday, February 22, 1998, Respondent requested that
Petitioner continue his regular partial custody that had begun on
Friday, February 20, 1998 until she finds an appropriate
environment for their child.
7. On Tuesday, February 24, 1998 Respondent telephoned
Petitioner and requested to take their child on Thursday, February
26, 1998.
8. Petitioner is fearful for the safety of his son.
9. Petitioner does not know the intentions of Respondent.
10. Respondent refuses to provide Petitioner with adequate
assurances of her status with her husband and boyfriend.
11. Respondent is under a great deal of personal stress which
appears to be effecting her judgment.
12. Respondent's parents, Carol & Ken Fraker, over concern
for the safety of Respondent's other child, Jacob Eugene Thoman,
took the child from Respondent and placed him with his father,
their son-in-law.
13. Respondent's parents have advised Petitioner to keep his
son with him and not permit Respondent to take the child with her.
14. Petitioner believes that it would be in the child's best
interest to remain in his custody until this matter can be heard by
a Conciliator or the Court.
15. Petitioner recommends that Respondent be allowed
supervised visitation with Petitioner or Respondent's parents until
her emotional state and intentions are clearly identified.
knowledge, information and belief.
I understand that false
VERIFICATION
I , Daryl Moore, hereby certify that the foregoing EMERGENCY
PETITION FOR SPECIAL RELIEF is true and correct to the best of my
statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
DATED:
.2 .:;6- 98
M~' It). )11~c'~
yl Moore
PETITIONER/father
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I!DARYL MOORE,
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 95-686 CIVIL TERM
CUSTODY
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vs.
. i KIMBERLY FRAKER.
!. Defendant
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ORDEIl
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this Lf.1L) day of
AND NOW.
i I conciliator' s
, 1995, upon receipt of the
report, it appearing that the parties have agreed to the terms and
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:'provisions of this order which was dictated in their presence and approved by them and
,'their counsel. we hereby order as follows:
1. Legal custody of the minor child, Brandon Lee Fraker, born November 23, 1994,
'shall be shared by his parents, the Plaintiff, Daryl Moore. and the Defendant. Kimberly
.,.
Fraker.
2. Primary physical custody of the said child is hereby awarded to his mother.
Kimberly Fraker. The father, Daryl Moore. shall have and enjoy the following periods
of temporary or partial custody of the child:
A. One overnight each week, commencing on Tuesday. April 4. 1995, from
Tuesday at 3:00 p.m. until 8:00 a.m. the following morning. The mother will be
responsible to deliver the child to the father at her place of employment at
approximately 3:00 p.m. each day and the parties will share responsibility to
return the child to the mother the following morning.
B. Starting on May 20, 1995, alternating weekends from Saturday at 9:00
.. .
a.m. until Sunday at 7:00 p.m.
C. For the Christmas holiday, in even-numbered years, the father will
have the child from noon on the 24th until noon on the 25th and the mother
shall have the child from noon on the 25th until noon on the 26th. In odd-
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numbered years, the mother shall have the child from noon on the 24th until
noon on the 25th and the father shall have the child from noon on the 25th
until noon on the 26th. The provision for custody on Christmas shall prevail
over all other portions of the schedule set out in this order.
D. On the following holidays, on an alternating or rotating basis, from
9:00 a.m. until 7:00 p.m.: New Year's Day, Memorial Day, July Fourth, Labor
Day, and Thanksgiving. The holiday shall commence with the father having July
Fourth in 1995 and shall rotate thereafter. On the occasions when the father's
holiday falls adjacent to his scheduled weekend, the weekend shall expand into
.)
the holiday and the father will have the child for three days.
3. Notwithstanding the other provisions of this order, the mother shall have
',physical custoay of the child on Saturday, October 21, 1995, when her wedding is
. scheduled.
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4. Except as expressly provided for hereinabove, the parties viII share
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i;responsibility for the transportation of the child.
5. The parties may modify the terms of the schedule set out in this order by
, mutual agreement and they are encouraged to cooperate with each other to do so but
':cautioned that they may only make changes where both of them agree to such
:modification.
By the Court.
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TRUE COpy FROM RECORD
I~ T.~t rn' n'" " iH'.~f. I h:re unto set my hand
and tho seal of said Court at Carlisle, Pa.
This .....'t.J.t.. da~ of.....~.., 19J..$..
.................~...P~h.~~!r
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Thomas Blackburn, Esquire
: Attorney for Plaintiff
, Paul Orr, Esquire
, Attorney for Defendant
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DARYL MOOlU!:,
IN THE COURT OF COMMON PLBAS
CUMBBRI..AND COUN'l'Y, PENNSYLVANIA
Plaintiff
v.
NO. 95-686 CIVIL TERM
KIMBERLY I'RA1tBR (THOMAN),
CUSTODY ACTION
Defendant
PETITION TO MODIFY CUSTODY ORDER
1. The Plaintiff/Petitioner is Daryl Moore residing at 707
Hertzler Road, Mechanicsburg, Cumberland County, PA 17055.
2. The Defendant/Respondent is Kimberly Fraker (Thoman),
whose last known address was 67 Rustic Drive, Shippensburg,
Cumberland County, PA 17257.
3. The parties are the biological parents of one child,
Brandon Lee Fraker, born 11/23/94.
4. Due to Defendant's changed circumstances, Plaintiff seeks
to Modify the Order dated April 4, 1995 by granting him primary
physical custody of his son, subject to Defendant's liberal periods
of partial custody. Order attached as exhibit A.
Respectfully submitted
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Thomas D. Gould, Esquire
ID #36508
2 E. Main Street
Shiremanstown, PA 17011
(717) 731-1461
Fax 761-1974
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"DARYL MOORE,
:1 Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY. PENNSYLVANIA
NO. 9S-686 CIVIL TERM
CUSTODY
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vs.
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:i KIMBERLY FRAKER.
:. Defendant
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:! AND NOW,
II conciliator's
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ORDEII.
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this 4- tt.) day of
, 1995. upon receipt of the
report. it appearin9 that the parties have a9reed to the terms and
this order which vas dictated in their presence and approved by them and
'!their counsel, ve hereby order as follovs:
1. Le9al custody of the minor child, Brandon Lee Fraker, born November 23, 1994,
.shall be shared by his parents, the Plaintiff, Daryl Moore. and the Defendant. Kimberly
.,.
. Fraker.
2. Primary physical custody of the said child is hereby avarded to his mother,
Kimberly Fraker. The father, Daryl Moore, shall have and enjoy the follovin9 periods
of temporary or partial custody of the child:
A. One overni9ht each veek, commencin9 on Tuesday. April 4, 1995, from
Tuesday at 3:00 p.m. until 8:00 a.m. the follovin9 mornin9. The mother viii be
responsible to deliver the child to the father at her place of employment at
approximately 3:00 p.m. each day and the parties vill share responsibility to
return the child to the mother the follovin9 mornin9.
B. Startin9 on May 20. 1995, alternatin9 weekends from Saturday at 9:00
.. .
.
a.m. until Sunday at 7:00 p.m.
C. For the Christmas holiday, in even-numbered years. the father vill
have the child from noon on the 24th until noon on the 25th and the mother
shall have the child from noon on the 25th until noon on the 26th. In odd-
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numbered years, the mother shall have the child from noon on the 24th until
noon on the 25th and the father shall have the child from noon on the 25th
until noon on the 26th. The provision for custody on Christmas shall prevail
over all other portions of the schedule set out in this order.
D. On the fOllowing holidays, on an alternating or rotating basis. from
9:00 a.m. until 7:00 p.m.: New Year's Day, Memorial Day, July Fourth, Labor
Day, and Thanksgiving. The holiday shall commence with the father having July
Fourth in 1995 and shall rotate thereafter. On the occasions when the father's
holiday falls adjacent to his scheduled weekend, the weekend shall expand into
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the holiday and the father will have the child for three days.
3. Notwithstanding the other provisions of this order, the mother shall have
;.physical custoay of the child on Saturday, October 21, 1995, when her wedding is
:scheduled.
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4. Except as expressly provided for hereinabove, the parties will share
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i:responsibility for the transportation of the child.
5. The parties may modify the terms of the schedule set out in this order by
; mutual agreement and they are encouraged to cooperate with each other to do so but
.
,
':cautioned that they may only make changes where both of them agree to such
':modification.
,
By the Court,
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TRlJl: COpy FROM RECORD
In i_;t 01'11',' '. :,. r'_of, I h.re unto sat my hand
and the seal of said Court at Carlisle, Pa.
This .....'+Jt.... da~ of.....~.., 19J..f.M
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"Thomas Blackburn, Esquire
;, Attorney for Plaintiff
. Paul Orr, Esquire
': Attorney for Defendant
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DARYL MOORE, I
Plaintiff .
.
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v. I
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KIMBERLY FRAKER .
.
(THOMAN) , .
.
Defendant .
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-686 CIVIL TERM
ORDER OF COURT
AND NOW, this r~tLday of March, 1998, upon consideration of
the attached letter and temporary custody agreement from Thomas D.
Gould, Esq., attorney for Plaintiff, the hearing previously
scheduled for March 13, 1998, is CANCELLED, and the terms of the
agreement are made an order of court.
Thomas D. Gould, Esq.
2 East Main Street
Shiremanstown, PA 17011
Attorney for Plaintiff
Kimberly Fraker (Thoman)
67 Rustic Drive
Shippensburg, PA 17257
Defendant, Pro Se
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BY THE COURT,
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DARYL HOORE, ) IN THB COURT OF COHHON
Plaintiff ) PLEAS OF CUHBERLAND
) COUNTY, PBNNSYLVANIA
vs. l
) NO. 95-686 CIVIL TERM
KIHBBRLY FRAKBR, )
Defendant ) CUSTODY
ORDER
AND NOW, this ~ tL day of Afr., I
, 1995, upon receipt of the
conciliator's report, it appearing that the parties have agreed to the terms and
provisions of this order which was dictated in their presence and approved by them and
their counsel, we hereby order as follows:
1. Legal custody of the minor child, Brandon Lee Fraker, born November 23, 1994,
shall be shared by his parents, the Plaintiff, Daryl Hoore, and the Defendant, Kimberly
Fraker.
2. Primary physical custody of the said child is hereby awarded to his mother,
!iKimberlY Fraker. The father, Daryl Hoore, shall have and enjoy the following periods
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Ilof temporary or partial custody of the child:
A. One overnight each week, commencing on Tuesday, April 4, 1995, from
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Tuesday at 3:00 p.m. until 8:00 a.m. the following morning. The mother will be
responsible to deliver the child to the father at her place of employment at
approximately 3:00 p.m. each day and the parties will share responsibility to
return the child to the mother the fOllowing morning.
B. Starting on Hay 20, 1995, alternating weekends from Saturday at 9:00
a.m. until Sunday at 7:00 p.m.
C. For the Christmas holiday, in even-numbered years, the father will
have the child from noon on the 24th until noon on the 25th and the mother
shall have the child from noon on the 25th until noon on the 26th. In odd-
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numbered years, the mother shall have the child from noon on the 24th until
noon on the 25th and the father shall have the child from noon on the 25th
until noon on the 26th. The provision for custody on Christmas shall prevail
over all other portions of the schedule set out in this order.
D. On the fOllowing holidays, on an alternating or rotating basis, from
9:00 a.m. until 7:00 p.m.: New Year's Day, Memorial Day, July Fourth, Labor
Day, and Thanksgiving. The hOliday shall commence with the father having July
Fourth in 1995 and shall rotate thereafter. On the occasions when the father's
hOliday falls adjacent to his scheduled weekend, the weekend shall expand into
the holiday and the father will have the child for three days.
3. Notwithstanding the other provisions of this order, the mother shall have
physical custody of the child on Saturday, October 21, 1995, when her wedding is
scheduled.
4. Except as expressly provided for hereinabove, the parties will share
responsibility for the transportation of the child.
5. The parties may modify the terms of the schedule set out in this order by
mutual agreement and they are encouraged to cooperate with each other to do so but
cautioned that they may only make changes where both of them agree to such
,
Imodification.
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IThomas Blackburn, Esquire
iAttorney for Plaintiff
:Paul Orr, Esquire
. Attorney for Defendant
By the Court,
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DARYL HOORE, ) IN THE COURT OF COHHON
Plaintiff ) PLEAS OF CUHBERLAND
I COUNTY, PENN8YLVANIA
vs. I
I NO. 95-686 CIVIL TERM
KIHBERLY FRAKER, I
Defendant ) CUSTODY
JUDGE PREVIOUSLY ASSIGNED: None
CONCILIATOR CONPBRBNCE 811KKARY REPORT
IN ACCORDANCE WITH CUHBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5.3-8(bl, 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:
NAHE
BIRTHDATE
CURRENTLY IN
CUSTODY OF
,
Ii
. i Brandon Lee Fraker
23 November 1994
Defendant/Hother
2. A Conciliation Conference was held on 29 Harch 1995 and the following
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lindiViduals were present: the Plaintiff and his attorney, Thomas Blackburn, Esquire;
Ithe Defendant and her attorney, Paul Orr, Esquire.
; 3. The father wanted to have totally shared physical custody so that he would
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lhave the child with him 50 percent of the time. The mother would not agree to that,
; primarily because of the age of the child. The parties were able to reach agreement
,for a temporary order to give the father an opportunity to build a relationship with
!
the child and the attached order was dictated in their presence and approved by them.
.
This order should get them through a reasonable length of time and they can request a
modification later if they cannot agree upon a new schedule in several months. With
the entry of this order, no further action is required.
30 March 1995
~-~
Sam L. Andes
Custody Conciliator
DARYL MOORE, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
vs. )
) NO. 95-686 CIVIL TERM
KIMBERLY FRAKER, )
Defendant ) CUSTODY
ORDER
AND NOW, this
day of
. 1995, upon receipt of the
"conciliator's report, it appearing that the parties have agreed to the terms and
, provisions of this order which was dictated in their presence and approved by them and
their counsel, we hereby order as follows:
1. Legal custody of the minor child, Brandon Lee Fraker, born November 23, 1994,
shall be shared by his parents. the Plaintiff, Daryl Moore, and the Defendant, Kimberly
Fraker.
2. Primary physical custody of the said child is hereby awarded to his mother,
Kimberly Fraker. The father, Daryl Moore, shall have and enjoy the fOllowing periods
of temporary or partial custody of the child:
A. One overnight each week, commencing on Tuesday, April 4, 1995, from
Tuesday at 3:00 p.m. until 8:00 a.m. the following morning. The mother will be
responsible to deliver the child to the father at her place of employment at
approximately 3:00 p.m. each day and the parties will share responsibility to
return the child to the mother the following morning.
B. Starting on May 20, 1995, alternating weekends from Saturday at 9:00
a.m. until Sunday at 7:00 p.m.
C. For the Christmas holiday, in even-numbered years, the father will
have the child from noon on the 24th until noon on the 25th and the mother
Shall have the child from noon on the 25th until noon on the 26th. In odd-
DARYL MOORE,
Plaintiff
: IN THE COURT OF c::ooMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
: NO. 95-686
CIVIL TERM
.
.
KIMBERLY FRAKER (THOMAN),
Defendant
.
.
CIVIL ACTION - LAW
CUS'IODY!VISITATION
:
au>BR OF CXlURT
AND tof, this (, It day of , ~ r; (
consideration of the attached Custody Concilia on Report,
directed as follows:
, 1998, upon
it is ordered and
1. The prior Orders of this Court dated April 4, 1995 and March 16,
1998 are vacatPd and replaced by this Order.
2. The Father, Daryl Moore, and the Mother, Kimberly Fraker (Thoman),
shall have shared legal custody of Brandon Lee Fraker, born November 23,
1994. Each party shall have equal access to the Child's personal, school,
medical and dental records, and each party shall inform the other of
significant events that occur in the Child's life.
3. The Father shall have primary physical custody of the Child.
4. The Mother shall have partial physical custody of the Child on
alternating weekends, beginning April 10, 1998, fran Friday at 1:30 p.m.
until sunday at 7:30 p.m. In addition, the Mother shall have custody of the
Child every Tuesday fran 1:30 p.m. until 7:30 p.m. The foregoing partial
custody schedule shall continue in effect as long as the Mother continues to
reside at 515 Jldams Road, Carlisle, Pennsylvania. In the event the Mother
moves from that address, the partial custody schedule shall automatically
terminate and the Mother shall have partial physical only as mutually
arranged by agreement of the parties.
5. The Mother shall have additional periods of custody with the Child
at times agreed upon by the parties.
6. The Mother shall provide 30 days advance notice to the Father of
any intention to move from her current residence at 515 Adams Road in
Carlisle and shall provide to the Father her new address and telephone
nlllllber.
7. In the event the Mother is unavailable due to work or other reasons
to provide care for the Child during her periods of custody for three hours
or longer, the Mother shall first make a reasonable effort to offer the
Father an opportunity to provide care for the Child or, if the Father is not
available, the Mother shall contact the maternal grandmother to provide
care. The Mother shall provide as much notice as possible to the Father in
the event she is required to work during her weekday or weekend period of
custody to enable the Father to make plans to retain custody of the Child.
8. The parties shall share or alternate having custody of the Child on
holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment
A, which shall run fran Christmas Eve at 12:00 noon until
Christmas Day at 12:00 noon, and Segment B, which shall run
fran Christmas Day at 12:00 noon until Decerri>er 26 at 12:00
noon. The Father shall have custody of the Child durill9
Segment A in even numbered years and durill9 Segment B in odd
numbered years. The Mother shall have custody of the Child in
segment A in odd numbered years and durill9 segment B in even
numbered years.
B. ALTERNATING HOLIDAYS: The parties shall alternate havill9
custody of the Child on the followill9 holidays from 9:00 a.m.
until 7.00 p.m.: New Years Day, Memorial Day, July 4th, Labor
Day, and Thanksgivill9. On the occasions when the Mother's
holiday falls adjacent to her regularly scheduled weekend, the
period of custody shall run continuously so that the Mother
has custody of the Child for 3 days.
C. The holiday custody schedule shall take precedence over the
regular custody schedule.
9. The parties agree to place any personal differences aside and work
for the best interests of the Child. The parties understand the need to
provide a loving and stable environment for the Child.
10. Each party shall be entitled to have reasonable telephone contact
with the Child.
11. Neither party shall make derogatory comments about the other in the
presence or hearill9 of the Child.
12. Each party shall inform the other promptly of any change in his or
her employment, residence, or telephone number.
13. 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 agreement. In the absence of mutual agreement, the
terms of this Order shall control.
BY THE COURT,
J.
cc:
Thomas E. Gould, Esquire - Counsel for Father
Paul Orr, Esquire - COunsel for Mother
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'&APR 02 1998