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HomeMy WebLinkAbout03-0372Names Jim Dotson, Jr. Sara Stoneking-Clepper Jim Dotson, Jr. Sara Stoneking-Clepper Jim Dotson, Jr., Sara Stoneking-Clepper The relationship of the plaintiffs to the children is that Sara Stoneking-Clepper 107 High Street October 2000 Dereck Clepper Boiling Springs,Pa Present The mother of the children is Sara K. Stoneking-Clepper, currently residing at 107 High Street, Boiling Springs, Pennsylvania. She is divorced from Plaintiff Father and remarried to Dereck Clepper. The father of the children is James E. Dotson, Jr., currently residing at 51 North Main Street, Apartment 7, Chambersburg, Pennsylvania. He is divorced from Defendant Mother. 4 5 of Father and Paternal Grandparents. The plaintiffs currently reside with the following persons: Name None. Addresses Dates RD 5, Box 39 April 1997- Punxsutawney, PA April 1999 2255 Pine Road June 1999- Newville, PA June 2000 26 Valley Street June 2000- Carlisle, PA October 2000 Relationship The relationship of defendant to the children is that of Mother. The defendant currently resides with the following persons: 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Name Relationship Dereck Clepper Husband Samuel James Dotson Son Jacob Arthur Dotson Son 6. Plaintiff Father has participated as a party in other litigation concerning the custody of the children in this court. The court, term and number, and relationship to this action are: A Divorce and Custody Complaint was filed by Mother in Cumberland County Court to docket number 2001-828. The issues raised in the Complaint were resolved by an Agreement between Mother and Father dated January 18, 2001. The agreement was entered as an Order of Court on February 28, 2001. Plaintiff Grandparents were not parties to the action. See Agreement attached hereto and hereinafter referred to as Exhibit "A." 7. The best interest and permanent welfare of the children will be served by granting the relief requested because the children will benefit from a relationship with their father and their paternal grandparents. The current custody order provides that Plaintiff Father is to see the children "at such times as the parties from time to time shall agree." See Exhibit "A." Defendant Mother is refusing to allow Plaintiff Father to 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 see or speak to the children at all. Plaintiff Father last saw the children on or about Spring 2002. Plaintiff Father has repeatedly requested to see the children since that time and Defendant Mother has refused. Defendant Mother also refuses telephone access to the children. When Plaintiff Father calls to speak to the children, Defendant mother either does not answer the telephone or will tell Plaintiff Father he is not permitted to speak to the children. Plaintiff Grandparents have not seen the children 8 since a brief visit in August 2002. They have repeatedly requested to see the children, but Defendant Mother refuses. Defendant Mother also refuses to answer the telephone or return messages left by Plaintiff Grandparents. Prior to the parent's separation in 2000 and after that time, the Plaintiff Grandparents were extensively involved in the children's lives. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 WHEREFORE, the Plaintiffs, James E. Dotson, Jr., and James E. and Patricia E. Dotson request the court to grant them partial custody of the children. Respectfully submitted, atherine A. Boyle, E uire MEYERS, DESFOR, SALTZ VER & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiffs 6 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 SARA K. STONEKING-DOTSON, Plaintiff V. JAMES E. DOTSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-828 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this day of l- 2001, the attached Stipulation and Agreement is hereby made an Order of Court and all prior Orders on this matter are hereby vacated. BY THE C URT, J. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 James E. Dotson 235 West Pomfret Street, Apt. 1 Carlisle, Pennsylvania 17013 11 amn" A SARA K. STONEKING-DOTSON,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001-828 CIVIL TERM JAMES E. DOTSON, CIVIL ACTION-LAW Defendant IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Sara K. Stoneking-Dotson (hereinafter referred to as "Mother") and James E. Dotson (hereinafter referred to as "Father'). WHEREAS, the parties are the natural parents of Samuel J. Dotson, born September 13, 1995 and Jacob A. Dotson, born July 8, 1997 (hereinafter referred to as "children"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 1. The parties shall have joint legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children at such times as the parties from time to time shall agree. 4. The parties will share physical custody of the children during the following holidays, on a schedule to be determined by them after consultation: Easter, Thanksgiving and Christmas. Mother shall have the children each Mother's Day, and Father shall have the children each Father's Day. In addition, the parties shall share time with the children on their birthdays. 5. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 6. Neither parent shall do anything which may estrange the child from the e--- other party, or injury the opinion of the child as to the other party or which may hamper the free and development of the child's love or affection for the other party. The parties agree to use appropriate language and conduct when in the presence of the minor child. 8. Any modification or waiver of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 9. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties's minor child and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 10 The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 11. The parties acknowledge that they have read and understand the provisions of this Agreement. 12. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: Date: 'e -,-? A Date: -4-- Sara K. James mas.d it/domestic/custody/stoneking.stp VERIFICATION statements made in this Complaint for Partial Custody I, JamES F_ nntGnn# Jr , verify that the are true and correct to the of my knowledge, information and belief. I understand that fal statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ox, ( X ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 VERIFICATION I, James E. Dotson & Patricia E. Dotson, verify that the statements made in this Complaint for Partial Custody are true and correct to the of my knowledge, information and belief. I understand that fal statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ( X) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236.2817 C w ? C Z V r? l?'" ? t?_ \ I N3 JAMES E. DOTSON, JR., JAMES E. & IN THE COURT OF COMMON PLEAS OF PATRICIA E. DOTSON PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SARA K. STONEKING-CLEPPER • 03-372 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, January 31, 2003 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Es at 301 Market Street, Lemoyne, PA 17043 on conciliator, on Monday, February 17, 2003 at 1:00 PM for a .Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and 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/ H Iissa P Gmevv, aq L 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 James E. Dotson, Jr., James E. and Patricia E. Dotson Plaintiffs vs. (Sara K. Stoneking-Clepper, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 Civil Term CIVIL ACTION - LAW IN CUSTODY/VISITATION PROOF OF SERVICE ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. iSaraltonekin Cle g- pper 107 High Street Boiling Springs, PA 17007 A. Received by (Please Print Clearly) B. Date of Del rq 5fo.,c i?•'.,? - Clio e.? ??G/c C. Signature ? Agent Addrei Q--l livery dress different from am 1? ? Yes If YES, enter delivery ad below: ? No 3. Service Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandho ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (Transfer from service labe# 7001 0320 0002 7583 3272 PS Form 3811, March 2001 Domestic Retum Receipt 102595-01-M-1424 MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 James E. Dotson, Jr., James E. and Patricia E. Dotson Plaintiffs VS. Sara K. Stoneking-Clepper, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 Civil Term CIVIL ACTION - LAW IN CUSTODY/VISITATION CERTIFICATE OF SERVICE I hereby certify on this /QY-IN day of February, 2003 a copy of Proof of Service was sent VIA U.S. Mail to: Sara Stoneking-Clepper 107 High Street Boiling Springs, PA 17007 Respectfully submitted, Cath8rine A. Boyle, E uire MEYERS, DESFOR, SALT G ER & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiffs MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 (^ e? _ { ?-n Z. ; r Z . _._ -V 3G DD Z`- _ ?: ?._ .. ??-? .. . , -'_; v `'a E.iv? f JAMES E. DOTSON, JR., OF JAMES E. DOTSON, and PENNSYLVANIA PATRICIA E. DOTSON, Plaintiffs V. SARA K. STONEKING-CLEPPER, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, NO. 2003-372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following document, you must take action within twenty (20) days after these Preliminary Objections and Notice are served, by entering a written response personally or by attorney and filing a writing with the court with your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and the court may enter judgment against you without further notice for any claim or relief requested by the Defendant. You may further lose rights important to you. 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 WHRE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JAMES E. DOTSON, JR., JAMES E. DOTSON, and PATRICIA E. DOTSON, Plaintiffs V. SARA K. STONEKING-CLEPPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRELIMINARY OBJECTIONS AND NOW comes the Defendant, Sara K. Stoneking-Clepper (hereinafter "Mother") by and through her counsel, Thomas S. Diehl, Esq., and asserts the following objections: 1. On or about Tuesday, January 28, 2003, Mother received service of the Complaint in Custody that is the subject of these preliminary objections (a copy of which is attached as "Exhibit A"). 2. The Plaintiffs of the Complaint in Custody included James E. and Patricia E. Dotson, the paternal grandparents (hereinafter "Grandparents") of the children at issue. 3. Grandparents apparently seek standing for partial custody under Title 23 Pa.C.S Section 5313 that states in material part: If an unmarried child has resided with his grandparents or great-grandparents for a period of 12 months or more [Emphasis added] and is subsequently removed from the home by his parents, the grandparents or great-grandparents may petition. the court for an order granting them reasonable partial custody or visitation rights, or both, to the child. The court shall grant the petition if it finds that visitation rights would be in the best interest of the child and would not interfere with the parent-child relationship. 4. Grandparents lack standing to bring an action in custody pursuant to Title 23 Pa.C.S. Section 5313 in that: a. Since the children's birth, Grandparents have never exercised custody of the children for more than seven consecutive days; b. The Grandparents most recent visitation with the children occurred on August 2002. Said contact in August 2002 was for approximately five hours. C. The Grandparents last over night contact with the children was on or about December 2001 for a weekend stay of 2 to 3 days. 5. Mother and James E. Dotson, Jr., (hereinafter "Father") are currently subject to a Cumberland County Custody Order of February 28, 2001, docketed at 2001-828. Said order is attached hereto as "Exhibit B". 6. Mother has been the primary care giver of the children since, and prior to, the entry of the Custody Order dated February 28, 2001. 7. Father resides in Chambersburg, Franklin County, Pennsylvania. 8. Grandparents reside in Delmont, Pennsylvania which is located approximately 2 1/2 to 3 hours from Mother's residence via automobile. 9. Grandparents are freely able to contact children through their son, the Father. WHEREFORE, the Mother, Sara K. Stoneking-Clepper, objects to the Grandparents capacity to sue pursuant to P.R.C.P. Rule 1028(a)(5) and respectfully requests the Court enter an order with the following relief: a. Finding the Grandparents are without standing to bring an action in custody relative to the children at issue; b. Dismissing the Plaintiffs action in Custody docketed under the 2003-372; C. Directing any further action in custody by Father to be pursuant to the existing Custody Order docketed at 2001-828; AND d. Such other relief that the Court deems appropriate. Respectfully submitted, Date: ILI 03 r'-4 Thomas S. Diehl, Esquire Attorney for the Defendant One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in this Complaint are; true and correct as relayed to me through Sara K. Stoneking-Clepper. Due to the time constrains for filing this matter, a separate verification will be filed when received form the defendant. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Thomas S. Diehl, Esq. Attorney for the Defendant EXHIBIT A Y James E. Dotson, Jr.,* James E. and Patricia E. Dotson Plaintiffs VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. eLu?` Sara K. Stoneking-Clepper, CIVIL ACTION - LAW Defendant IN CUSTODY/VISITATION ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of 2003, at .m., 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, at the request of either attorney or party, be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, Date of Order: By: Custody Conference Officer The Court of Common Please of Cumberland County is required by law to comply with the Americans with Disabilities 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 MEYERS, DESFOR, SALTZGIVER 9 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 HARRISBURG, PA 17108 James E. Dotson, Jr., IN THE COURT OF COMMON PLEAS James E. and Patricia E. Dotson CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA VS. ]VO . Sara K. Stoneking-Clepper, CIVIL ACTION - LAW Defendant IN CUSTODY/VISITATION COMPLAINT FOR PARTIAL CUSTODY 1• The Plaintiffs are James E. Dotson, Jr., an aduc5t c? 7 C individual residing at 51 North Main Street ? JmWrtrkdnt- 7' Chambersburg, Pennsylvania and James E. and P j kici!'E Dotson, adult individuals residing at 20 Fairw ^ Dri?re, y C Delmont, Pennsylvania. 31- 2. The Defendant is Sara K. Stoneking-Clepper, an adult individual residing at 107 High Street, Boiling Springs, Pennsylvania. 3. Plaintiffs seek partial custody of the following children: Name Present Address Date of Birth Samuel James Dotson 107 High Street September 13, 1995 Boiling Springs, PA Jacob Arthur Dotson 107 High Street July 8, 1997 Boiling Springs, PA The children were not born out of wedlock. The children are presently in the custody of Sara K. Stoneking-Clepper, who resides at 107 High Street, Boiling Springs, Pennsylvania. During the past five years, the children has have resided with the following persons and at the following addresses: 2 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 171717'r.Od7A • GAY 171717149.7A17 Names Jim Dotson, Jr. Sara Stoneking-Clepper Jim Dotson, Jr. Sara Stoneking-Clepper Jim Dotson, Jr., Sara Stoneking-Clepper Addresses Dates RD 5, :Box 39 April 1997- Punxsutawney, PA April 1999 2255 Pine Road June 1999- Newville, PA June 2000 26 Valley Street June 2000- Carlisle, PA October 2000 Sara Stoneking-Clepper 107 Hicrh Street Dereck Clepper Boiling Springs,Pa POctober resent 2000 The mother of the children is Sara K. Stoneking-Clepper, currently residing at 107 High Street, Boiling Springs, Pennsylvania. She is divorced from Plaintiff Father and remarried to Dereck Clepper. The father of the children is James E. Dotson, Jr., currently residing at 51 North Main Street, Apartment 7, Chambersburg, Pennsylvania. He is divorced from Defendant Mother. 4. The relationship of the plaintiffs to the children is that of Father and Paternal Grandparents. The plaintiffs currently reside with the following persons: Name None. Relationship 5. The relationship of defendant to the children is that of Mother. The defendant currently resides with the following persons: 3 MEYERS, DESFOR, SALTZGIVER 6 190YLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 17171 lgr.QA7Q . PA V !7171 999-9a17 Name Dereck Clepper Samuel James Dotson Jacob Arthur Dotson 6. 7. Relationship Husband Son Son Plaintiff Father has participated as a party in other litigation concerning the custody of the children in this court. The court, term and number, and relationship to this action are: A Divorce and Custody Complaint was filed by Mother in Cumberland County Court to docket number 2001-828. The issues raised in the Complaint were resolved by an Agreement between Mother and Father dated January 18, 2001. The agreement was entered as an Order of Court on February 28, 2001. Plaintiff Grandparents were not parties to the action. See Agreement attached hereto and hereinafter referred to as Exhibit "A." The best interest and permanent welfare of the children will be served by granting the relief requested because the children will benefit from a relationship with their father and their paternal grandparents. The current custody order provides that Plaintiff Father is to see the children "at such times as the parties from time to time shall agree." See Exhibit "A." Defendant Mother is refusing to allow Plaintiff Father to I 4 I MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 17171 0119_0.400 . CAY /7171 0119.0017 see or speak to the children at all. Plaintiff Father last saw the children on or about-Spring 2002. Plaintiff Father has repeatedly requested to see the children since that time and Defendant Mother has refused. Defendant Mother also refuses telephone access to the children. When Plaintiff Father calls to speak to the children, Defendant Mother either does not answer the telephone or will tell Plaintiff Father he is not permitted to speak to the children. Plaintiff Grandparents have not seen the children since a brief visit in August 2002. They have repeatedly requested to see the children, but Defendant Mother refuses. Defendant Mother also refuses to answer the telephone or return messages left: by Plaintiff Grandparents. Prior to the parent's separation in 2000 and after that time, the Plaintiff Grandparents were extensively involved in the children's lives. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 5 MEYERS, DESFOR, SALTZGIVER 6 130YLE 410 NORTH SECOND STREET • RO. BOX 1062 • HARRISBURG, PA 17108 17+7% 9'7A_0A94 . CAY /717\ OOA_9 R17 WHEREFORE, the Plaintiffs, James E. Dotson, Jr., and James E. and Patricia E. Dotson request the court to grant them partial custody of the children. Respectfully submitted, %,c:a.Lner1ne A. Boyle, E uire MEYERS, DESFOR, SALTZ VER & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiffs 6 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 17+7+ 9OR.0e-3n . Cay 17171 19RAA17 EXHIBIT B SARA K. STONEKING-DOTSON,: Plaintiff V. JAMES E. DOTSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-828 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this tA_day of f' 2001, the attached Stipulation and Agreement is hereby made an Order of Court and all prior Orders on this matter are hereby vacated. T, BY WUR_ J.Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 James E. Dotson 235 West Pomfret Street, Apt. 1 Carlisle, Pennsylvania 17013 SARA K. STONEKING-DOTSON,: Plaintiff V. JAMES E. DOTSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-828 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Sara K. Stoneking-Dotson (hereinafter referred to as "Mother") and James E. Dotson (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Samuel J. Dotson, born September 13, 1995 and Jacob A. Dotson, born July 8, 1997 (hereinafter referred to as "children"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 1. The parties shall have joint legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children at such times as the parties from time to time shall agree. 4. holidays, on a schedule to be determined by them after consultation: Easter, Thanksgiving and Christmas. Mother shall have the children each Mother's Day, and Father shall have the children each Father's Day. In addition, the parties shall share time with the children on their birthdays. 5. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 6. Neither parent shall do anything which may estrange the child from the other party, or injury the opinion of the child as to the other party or which may hamper the free and development of the child's love or affection for the other party. 7 The parties agree to use appropriate language and conduct when in the presence of the minor child. 8. Any modification or waiver of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 9. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties's minor child and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. The parties will share physical custody of the children during the following 10 The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the art of other. - P the 11. The parties acknowledge that they have read and understand the provisions of this Agreement. 12. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: Date: Sara K. StonPkinn_n,%#--., Date: James E Dotson mas.dir/domestic/custodylstoneking.stp CERTIFICATE OF SERVICE I hereby certify this 14th day of February 2003 that a true and correct copy of the foregoing document was served on the following individual(s) via facsimile and first class mail, postage prepaid: Catherine A. Boyle, Esq. 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Fax (717)236-2817 Melissa P., Greevy, Esq. 301 Market Street Lemoyne, PA 17043 Fax (717) 441-8996 -- ' B-V3\? ' Thomas S. Diehl, Esq. T I James E. Dotson, Jr., James E. and Patricia E. Dotson Plaintiffs VS. Sara K. Stoneking-Clepper, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 Civil Term CIVIL ACTION - LAW IN CUSTODY/VISITATION PLAINTIFFS' ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW COMES Plaintiffs James E. Dotson, Jr., and James E. and Patricia E. Dotson, by and through their attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files this Answer to Defendant's Preliminary objections and in support thereof avers as follows: 1. Admitted. 2. Admitted. By way of further answer, there are two children at issue, namely, Samuel James Dotson, date of birth, September 13, 1995, and Jacob Arthur Dotson, date of birth, July 8, 1997. 3. Denied. Plaintiff Grandparents joined with Defendant Father in filing a Complaint for Partial Custody. Notably, the Complaint never indicates that Plaintiff Grandparents are invoking any custody rights under Title 23 Pa.C.S.A. § 5313. See Plaintiffs' Complaint for Partial Custody attached hereto and hereinafter referred to as Exhibit "A." Rather, Plaintiff Grandparents are entitled to partial physical custody under Title 23 Pa.C.S.A. § 5312 (when parents' marriage is dissolved or parents are separated) which sets forth in relevant part: MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 0 In all proceedings for dissolution, subsequent to the commencement of the proceeding and continuing thereafter or when parents have been separated for six months or more, the court may, upon application of the parent or grandparent of the party, grant reasonable partial custody or visitation rights, or both, to the unmarried child if it finds that visitation rights or partial custody, or both, would be in the best interests of the child.... Plaintiff Father and Defendant Mother were previously married on October 15, 1994 and separated on or about September 2000. A final Decree in Divorce was entered on January 23, 2002. Thus, Plaintiff Father and Defendant Mother have been separated six months or more as required by the statute. Plaintiff Grandparents are the biological paternal grandparents; therefore, affording them standing to sue for partial physical custody pursuant to § 5312. 4. Admitted in part. Denied in part. Although it is admitted that Plaintiff Grandparents do not have standing to seek partial physical custody under Title 23 Pa.C.S.A. § 5313, they do have standing to seek partial physical custody under Title 23 Pa.C.S.A. § 5312 (when parents' marriage is dissolved or parents are separated). Notably, the Complaint never indicates that Plaintiff Grandparents are invoking any custody rights under § 5313. Rather, they are entitled to and are pursuing custody rights pursuant to § 5312. 5. Admitted. 6. Admitted in part. Denied in part. It is admitted that 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ? r Defendant Mother has been the primary caregiver to the children since the current Order was entered. It is denied that Defendant Mother was the primary caregiver prior to the entry of the Order. On the contrary, all named Plaintiffs were extensively involved in the children's lives prior to the entry of the Order, particularly Plaintiff Father. By way of further answer, Defendant Mother has acted as the children's primary caregiver since the entry of the Order because the order provides Defendant Mother primary physical custody and Plaintiff Father partial physical custody to the children "at such times as the parties from time to time shall agree," and Defendant has been denying Plaintiff Father access to the children. See page 2 of the Order dated February 28, 2001, adopting the parties' signed Stipulation attached hereto and hereinafter referred to as Exhibit "B." Plaintiff Grandparents are not mentioned in the Order and Defendant Mother also refuses to permit them any contact with the children. Moreover, whether or not Defendant Mother is the primary caregiver to the children is not relevant in determining Plaintiff Grandparents' standing to sue for partial custody and is not a proper ground for objection. 7. Admitted. 8. Admitted. 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 9. Denied. Plaintiff Father has been denied access to the children and as a result, Plaintiff Grandparents cannot contact the children through him. Accordingly, Plaintiffs filed the Complaint for Partial Custody. WHEREFORE, Plaintiffs James E. Dotson, Jr., and James E. and Patricia E. Dotson respectfully request that Defendant's Preliminary objections be denied. Respectfully submitted, atherine A. Boyle, quire MEYERS, DESFOR, SAL ZGIVER & BOYLE Attorney I.D. ##76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiffs 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 James E. Dotson, Jr., James E. and Patricia E. Dotson Plaintiffs VS. Sara K. Stoneking-Clepper, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 Civil Term CIVIL ACTION - LAW IN CUSTODY/VISITATION CERTIFICATE OF SERVICE I hereby certify on this day of February, 2003 a copy of Plaintiffs' Answer to Defendant's Preliminary Objections was sent via first class, U.S. Mail, postage prepaid to: Sara Stoneking-Clepper c/o Thomas Diehl, Esquire One West High Street Carlisle, PA 17013 Melissa P. Greevy, Esquire 301 Market Street Lemoyne, PA 17043 Catherine A. Boyle, Es ire Attorney I.D. ##76328 Attorney for Plaintif s 6 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 JAMES E. DOTSON, JR., JAMES E. & PATRICIA E. DOTSON PLAINTIFF V. SARA K. STONEKING-CLEPPER DEFENDANT IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA • 03-372 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, January 31, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, February 17, 2003 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and 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/ Melissa P Greevy,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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TRUE COPY FROM RECORD In Testimony whcreof, I hare unto set my hand ODOM and the seal of said Court at Carlisle, Pa. This ..:?? day of.°?1... ... /. .............. ...... Prothonotary James E. Dotson, Jr., IN THE COURT OF COMMON PLEAS James E. and Patricia E. Dotson CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA VS. NO.Q? ?7a? Ltc??l. 7 Sara K. Stoneking-Clepper, CIVIL ACTION - LAW Defendant IN CUSTODY/VISITATION ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of 2003, at .m., 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, at the request of either attorney or party, be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, Date of Order: By: Custody Conference Officer The Court of Common Please of Cumberland County is required by law to comply with the Americans with Disabilities 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 MEYERS, DESFOR, SALTZGIVER E BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 - HARRISBURG, PA 17108 ^ ^ James E. Dotson, Jr., IN THE COURT OF COMMON PLEAS James E. and Patricia E. Dotson CUMBERLP.ND COUNTY, Plaintiffs PENNSYLVANIA VS. NO. Sara K. Stoneking-Clepper, CIVIL ACTION - LAW Defendant IN CUSTODY/VISITATION COMPLAINT FOR PARTIAL CUSTODY 1. The Plaintiffs are James E. Dotson, Jr., an adult 0 o (-j 11 individual residing at 51 North Main Street, Apa tmen t 70 Chambersburg, Pennsylvania and James E. and PatzlciavE..r- c.. _ Dotson, adult individuals residing at 20 FairwAy:DrLV-e, Delmont, Pennsylvania. 2. The Defendant is Sara K. Stonekin Cle 1z { g- pper, an adult individual residing at 107 High Street, Boiling Springs, Pennsylvania. 3. Plaintiffs seek partial custody of the following children: Name Present Address Date of Birth Samuel James Dotson 107 High Street September 13, 1995 Boiling Springs, PA Jacob Arthur Dotson 107 High Street July 8, 1997 Boiling Springs, PA The children were not born out of wedlock. The children are presently in the custody of Sara K. Stoneking-Clepper, who resides at 107 High Street, Boiling Springs, Pennsylvania. During the past five years, the children has have resided with the following persons and at the following addresses: 2 MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 17171 7za_0e7q • FAY 17171 7'1a-7817 Names Jim Dotson, Jr. Sara Stoneking-Clepper Jim Dotson, Jr. Sara Stoneking-Clepper Jim Dotson, Jr., Sara Stoneking-Clepper Addresses Dates RD 5, Box 39 April 1997- Punxsutawney, PA April 1999 2255 Pine Road June 1999- Newville, PA June 2000 26 Valley Street June 2000- Carlisle, PA October 2000 Sara Stoneking-Clepper 107 High Street October 2000 Dereck Clepper Boiling Springs,Pa Present The mother of the children is Sara K. Stoneking-Clepper, currently residing at 107 High Street, Boiling Springs, Pennsylvania. She is divorced from Plaintiff Father and remarried to Dereck Clepper. The father of the children is James E. Dotson, Jr., currently residing at 51 North Main Street, Apartment 7, Chambersburg, Pennsylvania. He is divorced from Defendant Mother. 4. The relationship of the plaintiffs to the children is that of Father and Paternal Grandparents. The plaintiffs currently reside with the following persons: Name Relationship None. 5. The relationship of defendant to the children is that of Mother. The defendant currently resides with the following persons: 3 MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 1717N 019.0n9a . CAY /7171 9'7R.Oa17 Name Dereck Clepper Samuel James Dotson Jacob Arthur Dotson Relationship Husband Son Son 6. Plaintiff Father has participated as a party in other litigation concerning the custody of the children in this court. The court, term and number, and relationship to this action are: A Divorce and Custody Complaint was filed by Mother in Cumberland County Court to docket number 2001-828. The issues raised in the Complaint were resolved by an Agreement between Mother and Father dated January 18, 2001. The agreement was entered as an Order of Court on February 28, 2001. Plaintiff Grandparents were not parties to the action. See Agreement attached hereto and hereinafter referred to as Exhibit 11A.11 7. The best interest and permanent welfare of the children will be served by granting the relief requested because the children will benefit from a relationship with their father and their paternal grandparents. The current custody order provides that Plaintiff Father is to see the children "at such times as the parties from time to time shall agree." See Exhibit "A." Defendant Mother is refusing to allow Plaintiff Father to 4 MEYERS, DESFOR, SALTZGIVER 3 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 n»? ooa_oeoo cnv n??i ooa_oo?? see or speak to the children at all. Plaintiff Father last saw the children on or about Spring 2002. Plaintiff Father has repeatedly requested to see the children since that time and Defendant Mother has refused. Defendant mother also refuses telephone access to the children. when Plaintiff Father calls to speak to the children, Defendant Mother either does not answer the telephone or will tell Plaintiff Father he is not permitted to speak to the children. Plaintiff Grandparents have not seen the children 8. since a brief visit in August 2002. They have repeatedly requested to see the children, but Defendant Mother refuses. Defendant Mother also refuses to answer the telephone or return messages left by Plaintiff Grandparents. Prior to the parent's separation in 2000 and after that time, the Plaintiff Grandparents were extensively involved in the children's lives. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 5 MEYERS, DESFOR, SALTZGIVER 8 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 /717\ 7'2A_oA70 . CAY /7171 119-7017 WHEREFORE, the Plaintiffs, James E. Dotson, Jr., and James E. and Patricia E. Dotson request the court to grant them partial custody of the children. Respectfully submitted, atherine A. Boyle, E uire MEYERS, DESFOR, SALTZ VER & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiffs 6 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 1717% 0'19t_GA7O . FAY /7171 01R_0017 SARA K. STONEKING-DOTSON, Plaintiff V. JAMES E. DOTSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-828 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this 1:2e day of f' 2001, the attached Stipulation and Agreement is hereby made an Order of Court and all prior Orders on this matter are hereby vacated. BY THE C URT, J. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 James E. Dotson 235 West Pomfret Street, Apt. 1 Carlisle, Pennsylvania 17013 EXHIBIT IF ..4 . SARA K. STONEKING-DOTSON,: Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-828 CIVIL TERM JAMES E. DOTSON, CIVIL ACTION-LAW Defendant IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Sara K. Stoneking-Dotson (hereinafter referred to as "Mother") and James E. Dotson (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Samuel J. Dotson, born September 13, 1995 and Jacob A. Dotson, born July 8, 1997 (hereinafter referred to as "children"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 1. The parties shall have joint legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children at such times as the parties from time to time shall agree. r? - i I , , 4. The parties will share physical custody of the children during the following holidays, on a schedule to be determined by them after consultation: Easter, Thanksgiving and Christmas. Mother shall have the children each Mother's Day, and Father shall have the children each Father's Day. In addition, the parties shall share time with the children on their birthdays. 5. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 6. Neither parent shall do anything which may estrange the child from the other party, or injury the opinion of the child as to the other party or which may hamper the free and development of the child's love or affection for the other party. 7 The parties agree to use appropriate language and conduct when in the presence of the minor child. 8. Any modification or waiver of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 9. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties's minor child and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. I I n 10 The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. . 11. The parties acknowledge that they have read and understand the provisions of this Agreement. 12. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: Date: Date: Sara K. Ston g-Dotson James E. Dotson mas.dir/domestic/custody/stoneking.stp VERIFICATION I, James E. Dotson & Patricia E. Dotson, verify that the statements made in this _Complaint for Partial Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 1122/2001 ( X) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 VERIFICATION It James F.. nn son, Jr_ , verify that the statements made in this Complaint for Partial Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 1/22/2003 0" (X ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER a BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 SARA K. STONEKING-DOTSON, Plaintiff V. JAMES E. DOTSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-828 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this day of f , 2001, the attached Stipulation and Agreement is hereby made an Order of Court and all prior Orders on this matter are hereby vacated. BY THE C URT, J. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 James E. Dotson 235 West Pomfret Street, Apt. 1 Carlisle, Pennsylvania 17013 Ile, 4. The parties will share physical custody of the children during the following holidays, on a schedule to be determined by them after consultation: Easter, Thanksgiving and Christmas. Mother shall have the children each Mother's Day, and Father shall have the children each Father's Day. In addition, the parties shall share time with the children on their birthdays. 5. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 6. Neither parent shall do anything which may estrange the child from the other party, or injury the opinion of the child as to the other party or which may hamper the free and development of the child's love or affection for the other party. 7. The parties agree to use appropriate language and conduct when in the presence of the minor child. 8. Any modification or waiver of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 9. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties's minor child and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. A I ¦ 0 VERIFICATION I, James E. Dotson, Jr. verify that the statements made in this Plaintiffs' Answer to Defendant's Preliminary Objections are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 2/27/2003 ( X ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ? ? Y t ? /A , VERIFICATION It Names F._ Dotson F. Patri r•i A F.- pntsnn , verify that the statements made in this Plaintiffs' Answer to Defendant's Preliminary objections are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 2/27/2003 X ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ? i. ') . +j ? C' - fir's - ( .. , Q, . PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) James E. Dotson, Jr., James.E. and Patricia E. Dotson (Plaintiff) V5. Sara K. Stoneking-Clepper (Defendant) No - 03-372 Cif Custody IS{ 2003 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: Address: (b) for defendant: Address: Catherine A. Boyle, Esquire 410 North Second Street Harrisburg, Pennsylvania 17101 Thomas S. Diehl, Esquire One West High Street, Suite 208 P.O. Box 1290 Carlisle, Pennsylvania 17013 3. I will notify all parties in writing within tiao days that this case has been listed for argument. 4. Argument Court Date : March 26, 2003 Dated: C ttorney for Plaintiffs I -s1 "C31?` ?'n' ?i ?Fy s JAMES E. DOTSON, JR., JAMES E. DOTSON, and PATRICIA E. DOTSON, Plaintiffs V. SARA K. STONEKING-CLEPPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS TO THE PROTHONOTARY: On February 14, 2003, the above-captioned Defendant filed preliminary objections in the above captioned matter. The Defendant no longer believes that said objections are consistent with the current status of the law. Accordingly, the Defendant respectfully requests leave to withdraw prior objections. Respectfully submitted: DATE: March 24, 2003 f Thomas S. Diehl, Esquire Attorney for Plaintiff One West High Street, Suite 208 Post Office Box 1290 Chambersburg, Pennsylvania 17201 (717) 240-0833 CERTIFICATE OF SERVICE I hereby certify this 240 day of March 2003 that a true and correct copy of the foregoing document was served on the following individual(s) via facsimile and first class mail, postage prepaid: Catherine A. Boyle, Esq. 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Fax (717)236-2817 By - J ?--' Thomas S. Diehl, Esq. i %l (`, , ?., ..: ?-.. ' ` v.-? :: ?' r_? '. ?[. ?--'- _. ?. tiY - - .-..J ' APR 2 9 2003 P JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON, Plaintiffs V. SARA K. STONEKING-CLEPPER, Defendant HESS, J. --- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT '4p") AND NOW, this z 9 ` day of may, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. James E. Dotson, Jr. and Sara K. Stoneking-Clepper, shall have shared legal custody of the minor children, Samuel James Dotson, born September 13, 1995 and Jacob Arthur Dotson, born July 8, 1997. 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 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. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall keep the other informed with the progress of the children's education and social adjustments. Neither party shall impair the other's right to legal custody of the children. Each party shall support the other in the role of parent and take into account the consensus of the other for the physical and emotional well-being of the children. Each parent shall have the duty to notify the other of any activity or event that could reasonably be expected to be of significant concern to the other parent. ,E NO. 03-372 CIVIL TERM With regard to any emergency decisions which must be made, the parent with whom the children are physically residing or visiting at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 2. While in the presence of the children, neither parent shall make or permit any other person to make any remarks, or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent, nor undermine or adversely affect the relationship between the other parent and the children. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 3. Neither parent shall discuss with the children any proposed changes to the custody schedule, or any other issue requiring the consultation and agreement of the other parent prior to discussing the matter and reaching an agreement with the other parent. 4. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent, without that parent's express prior approval. 5. Physical Custodv. Mother shall have temporary primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. From 6:00 p.m. until 8:00 p.m. on April 24, 2003, April 29, 2003 and each Thursday commencing May 1, 2003. B. On May 3, 2003 at 10:00 a.m. until May 4, 2003 at 6:00 p.m. C. To commence May 16, 2003, on alternate weekends, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 6. Holidays. A. The parents shall alternate the following holidays, to commence with Father having custody for Memorial Day 2003: Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving Day. The custodial period for these holidays, with the exception of Independence Day, shall be from 6:00 p.m. the evening before the holiday until 6:00 p.m. on the day of the holiday. NO. 03-372 CIVIL TERM The period of custody for Independence Day shall be from 9:00 a.m. on Independence Day until 9:00 a.m. on July 5tn B. Christmas. The parties shall share Christmas on an A/B schedule. Segment A shall be the first five (5) days of the school Christmas break, commencing the day school is dismissed at 6:00 p.m. Segment B shall commence at 6:00 p.m. on the fifth (5th) day following the day that school is dismissed for the holiday recess and shall continue until 6:00 p.m. the evening before school resumes. In 2003 and subsequent odd-numbered years, Father shall have Segment A and Mother shall have Segment B. In 2004 and subsequent even-numbered years, Mother shall have Segment A and Father shall have Segment B. C. Mother's Day / Father's Day. Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. In the event that these holidays do not fall on the parent's custodial weekend, the custodial period shall begin at 6:00 p.m. the evening before the holiday and continue through 6:00 p.m. the day of the holiday. D. The holiday schedule supersedes the regular schedule 7. Summer. Father shall have four (4) non-consecutive weeks of custody, to include with his custodial weekend, during the time that school is recessed for Summer. A week shall be defined as a period from Saturday to Saturday with the anticipated return no later than 6:00 p.m. The Paternal Grandparents, James E. Dotson, Sr. and Patricia E. Dotson, shall be permitted a single one (1) week period of partial custody to occur during the children's Summer school recess. Additionally, the Paternal Grandparents may have custody for one (1) weekend per year to occur, unless otherwise agreed, on Grandparents Day weekend, in September annually. 8. Transportation. Custodial exchanges for Father's mid-week visits shall occur in the restaurant of the Carlisle Wal-Mart during the week. For Father's periods of overnight custody the custodial exchange at the beginning of the custodial period shall occur at the Wal-Mart restaurant in Carlisle. The custodial exchange at the end of any custodial period in which Father has the children overnight shall occur in the restaurant in the K-Mart in Chambersburg. Custodial exchanges incident to the Grandparents' periods of custody shall occur at the restaurant in the Wal-Mart in Carlisle unless otherwise agreed. NO. 03-372 CIVIL TERM 9. The non-custodial parent shall be permitted reasonable telephone contact with the children. Reasonable shall be defined as one (1) completed telephone call with the children each day. 10. In the event that the children have homework which they had not been able to complete prior to the commencement of Father's custodial time, Mother will provide Father with the materials and a note of what work needs to be completed for the following school day, so that he may be sure that the children complete their homework. matter. 11 12. Cumberland County Court of Common Pleas shall retain jurisdiction of this This Order shall be enforceable in contempt. BY THE COURT: A. Hess, J. Dist: Catherine A. Boyle, Esquire, PO Box 1062, Harrisburg, PA 17108 Thomas S. Diehl, Esquire, PO Box 1290, Carlisle, PA 17013 JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON, Plaintiffs V. SARA K. STONEKING-CLEPPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 THE CUSTODY OF Samuel James Dotson September 13, 1995 Mother Jacob Arthur Dotson July 8, 1997 Mother 2. A Custody Conciliation Conference was held on April 22, 2003 pursuant to the Petition of Father and Paternal Grandparents for periods of partial custody which was filed on January 23, 2003. The delay in scheduling the Conciliation Conference was a result of Preliminary Objections which had to be resolved prior to the Conciliator having jurisdiction to meet with the parties. The Defendant filed Preliminary Objections on February 14, 2003. She then withdrew her Objections in a Praecipe dated March 24, 2003. The Conciliation Conference was scheduled following a request from the Plaintiff's counsel. Present for the conference were: the Paternal Grandparents, James E. and Patricia E. Dotson, the Father, James E. Dotson, Jr., and their counsel, Catherine Boyle, Esquire; the Mother, Sara K. Stoneking-Clepper, and her counsel, Thomas Diehl, Esquire. 3. The previous Order in this matter was dated February 28, 2001 as a result of a Stipulation and Agreement of the parties which provided Father with partial physical custody of the children at such times as the parties from time to time shall agree. 4. The Paternal Grandparents' position is as follows: They report they have not seen the children since a brief visit in August 2002, despite requests to see the children since then. The Plaintiff Paternal Grandparents report that the Defendant Mother has refused to allow further contact, answer their phone calls or return messages left. The Plaintiff Paternal Grandparents are seeking one (1) weekend of custody per year for NO. 03-372 CIVIL TERM Grandparents Day weekend or an alternate weekend, and one (1) week of Summer vacation. 5. Father's position on custodv is as follows: Father alleges that he has not seen the children since sometime in the Spring 2002, that Mother repeatedly refused his request to see the children and has denied telephone contact with the children. Father is seeking to re-establish contact with the children with a schedule that provides him partial custody on alternate weekends, one (1) or two (2) evenings per week, alternate holidays and five (5) weeks during the Summer school recess. He is willing to surrender one of the five (5) weeks to be a custodial week for the Paternal Grandparents. 6. Mother's position on custody is as follows: Mother denies that she has been withholding the children and repeatedly represents that Father can see the children any time he wants. She claims that Father abandoned the children and has chosen not to be in contact with them. Mother claims that Father's alternate weekend contact had stopped in March of 2002 when he moved without notice to her. She claims there was no contact until July of 2002 when she was contacted about taking the children for a vacation with Paternal Grandparents to the beach. She acknowledges that they had discussed the trip to the beach in January of 2002, but then when contacted again one week prior to the trip, refused to allow the children to go. She feels very strongly that the children should not be in their Father's custody for periods of overnight for several months. Mother wants several months of short, frequent visits so that Father can prove himself and regain her trust. Mother is also very opposed to a week-on week-off sharing of the weeks during which school is on Summer recess. She believes that such an arrangement would not be good for the children because it is not stable. 7. Because the parents could not reach an agreement on anything more than brief visits for two (2) hour periods, the Conciliator did not address with Mother her willingness to allow periods of partial custody with the Paternal Grandparents. However, through counsel the Conciliator learned that Mother was not interested in the children having periods of custody with the Paternal Grandparents at their home, near Pittsburgh. Father was not satisfied with Mother's willingness to allow only minimal contact. Accordingly, the Conciliator elected to make a recommended Order for the Court's approval. In the event that either party is aggrieved by the terms of the Order, both parties have the right to file a Petition seeking modification. Date Melissa Peel Greevy, Esquire Custody Conciliator 212655 JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E DOTSON, Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-372 CIVIL SARA K. STONEKING-CLEPPER, : Defendant : IN CUSTODY IN RE: DEFENDANT'S EMERGENCY PETITION FOR SPECIAL RELIEF ORDER AND NOW, this Z o ` day of May, 2003, the defendant's emergency petition for special relief shall be deemed to be a motion for modification filed in accordance with the conciliator's report. This matter is forthwith returned to the conciliator for further action. BY THE COURT, Catherine A. Boyle, Esquire For the Plaintiffs Jeanne B. Costopoulos, Esquire For the Defendant Court Administrator ..?d- cr" :rlm ?1?i1??..Y?1 ;fit- _ .?i r'}I^l ?? James E. Dotson, Jr., IN THE COURT OF COMMON PLEAS James E. and Patricia E. Dotson CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA VS. NO. 03-372 Civil Term a K. Stoneking-Clepper, CIVIL ACTION - LAW Defendant IN CUSTODY/VISITATION PLAINTIFF'S ANSWER TO DEFENDANT'S EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW COMES the Plaintiffs James E. Dotson, Jr., and s E. and Patricia E. Dotson, by and through their attorneys, s, Desfor, Saltzgiver & Boyle, and files this Answer to endant's Emergency Petition for Special Relief and in support thereof avers as follows: 1. Admitted. 2. Admitted in part. Denied in part. It is admitted that James E. Dotson, Jr., is one of the named Plaintiffs and one of the Respondents in this action (hereinafter referred to as "Father"). The other named Plaintiffs and Respondents are James E. and Patricia E. Dotson, the paternal grandparents (hereinafter referred to as "Grandparents"). It is denied that Father's address has never been disclosed to Mother. On the contrary, Father provided his address to Mother at the conciliation on April 22, 2002, in the presence of parties' attorneys and the conciliator. Additionally, Mother acknowledges in her Petition that she visited Father's apartment on at least one occasion. See Paragraph 12(b) of Mother's Petition. 3. Admitted in part. Denied in part. It is admitted the MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 parties are divorced and have two minor children. It is further admitted that there was a Custody Order dated February 28, 2001, which speaks for itself. It is specifically denied that Mother ever followed said Order, and in fact, denied Father and Grandparents access to the children. As a result, Father and Grandparents filed the instant action. This prior order was replaced by the current Order dated April 29, 2003, which the parties have been following since the conciliation in April 2003. This averment contains conclusions of fact or law to which Father and Grandparents have no knowledge. As such, no answer is required and this averment is deemed denied. Strict proof thereof is demanded at trial. Denied. Father saw the children regularly from the date of the parties' separation until March 2002. Indeed, Father would often watch the children while Mother was at work or on a date with her paramour. Thereafter, around February 2002, after Father agreed to a divorce, Mother unilaterally denied Father access to the children. Shortly after the Divorce Decree was entered, Mother married her paramour. She systematically began to eliminate Father from the boys' lives, replacing him with her paramour. This averment contains conclusions of fact or law to which Father and Grandparents have no knowledge. As such, no answer is required and this averment is deemed denied. 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Strict proof thereof is demanded at trial. By way of further answer, Father has at all times communicated or attempted to communicate with Mother where he resides. 7. Admitted in part. Denied in part. It is admitted that Father attempted to arrange a one week vacation in June 2002 by contacting Mother and explaining the plans. Mother unilaterally denied Father any vacation time in June 2002 or at any other time. Mother's denial of vacation time with Father or Grandparents was in retaliation of Father's decrease in the amount of child support being paid to Mother at that time. Father had been voluntarily paying support to Mother and for financial reasons, needed to decrease the amount of the payments. Notably, Mother admits that her refusal occurred at about the same time a support action was initiated. See Paragraph 7 of Mother's Petition. Further, from Summer 2002 through the current date, Mother has consistently scheduled activities to interfere with Father's custodial time and used said activities as an excuse as to why Father cannot see the children. Admitted in part. Denied in part. It is admitted that Grandparents contacted Mother in approximately August 2002, and requested to see the children. Mother initially agreed to Grandparents having the children for a weekend and then withdrew her agreement. Finally after some pleading by 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • PO. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Grandparents, Mother relented to Grandparents seeing the children for several hours on one day. Notably, Grandparents also requested a week of vacation time with the children in the summer. Grandparents had arranged for the entire family to spend a week at the beach together. This would be the first time the entire family was united for a vacation. Grandparents explained this to Mother and she initially agreed to allow the children to go on vacation with the family, Father included. All arrangements were made, including the children. When the time of the vacation arrived, Mother changed her mind and refused to allow the children to go. Admitted in part. Denied in part. It is admitted that late August 2002, Father called and spoke with the children. It is further admitted that Mother attempted once again to control Father's access by insisting that he simply call the children and refused to allow him to see them at any time. Furthermore, Mother's past controlling and manipulative behavior is consistent with her current behavior. She continues to insist that Father meet certain goals that she has placed in front of him, such as calling before seeing the boys, for no reason other than to exercise control over Father and his relationship with the boys. Mother insisted that Father "jump through this same 5 MEYERS, DESFOR, SALUGIVER & BOYLE 410 NORTH SECOND STREET • PO. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 hoop" at the conciliation in April 2003, with no explanation as to why her position was warranted and no real desire to allow Father to see the boys at any time in the future. 10. Denied. Since the parties' separation, Father has seen or talked to the children on all birthdays and Christmas holidays, when Mother permitted access. Father has taken the children to the Sports Emporium in Carlisle for their respective birthdays. The children have spent Christmas holidays with Father and Grandparents at Grandparents' home in Pittsburgh. The children have received numerous Christmas gifts from Father and Grandparents. Father attempted to see the children on their birthdays and at the Christmas holiday or as close to those holidays as Mother would agree to allow him access. 11. Admitted. By way of further of answer, Mother offered no evidence in support of her allegations that Father should not see the boys on a partial custody schedule. Further, even after repeated requests from the conciliator, Mother was unable to offer any solution to the situation other than to indicate she should be solely in control of Father's access to the boys. The Order that has been entered is consistent with the law of Pennsylvania and is appropriate under the circumstances. 6 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 12. Denied. Father believes that the current order dated April 29, 2003, is in the children's best interest. (a) Denied. The children are happy and excited when they are with Father. They have been nothing but affectionate toward him; hugging him and kissing him and telling him that they miss him. They have repeatedly told Father that they love him and wish to continue to see him as much as possible. Father never indicated anything inappropriate to the children regarding this matter. If the children have indicated any problem with the current custody arrangement, it is due to Mother's behavior and inability to accept Father's role in the children's lives. Specifically, Mother has attempted to create situations that make it unnecessarily difficult for the children to adapt to the current custody arrangement. For example, on one of the first evenings when Father was to see the boys, the boys played in a T-ball game. Father, Mother and Mother's current husband, attended the game. Father was to continue his period of custody for two hours after the game. Mother and her current husband indicated that they would be taking the rest of the T-ball team out for ice cream and that the boys could not go with them because they had to go with their Father. Additionally, Mother continues to remind the boys of all of the events and fun activities that they will miss 7 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 by spending time with their Father. (b) Denied. Mother has known Father's current address for quite some time due to the current custody Order and prior support Orders. Further, Father again repeated his address at the conciliation in the presence of the parties' attorneys and the conciliator. Although not ordered, in an attempt to help Mother with the custodial transition, Father allowed her and her current husband access to his apartment. At all times, Father indicated that the apartment was his residence. Consistent with what was discussed at the conciliation, Father reminded Mother that he shared the apartment with a roommate and indeed provided the name of the roommate at the conciliation. Father did not allow Mother access to his roommate's bedroom because his roommate was sleeping at the time Mother and her current husband visited the apartment. Father explained this in full to Mother at the time she visited the apartment. Mother's allegation that she found the neighborhood frightening is somewhat disingenuous, since her former attorney's office is located near to Father's apartment building. Moreover, the children happy and excited to be at Father's home. (c) Admitted in part. Denied in part. It is 8 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 admitted that Samuel wished to stay with his Mother after the T-ball game had finished. However, this was because Mother and her current husband indicated they were taking the T-ball team for ice cream and Samuel could simply not attend because he had to go with his Father. Rather than forcing the child to decide between going with his friends or going with him, Father allowed the child to return to Mother early so that he could get ice cream with the rest of the T-ball team. (d) Admitted in part. Denied in part. It is admitted that the boys have been somewhat distracted in the classroom. It is denied that the boys behavior has anything to do with the current custodial arrangement. Indeed, Father contacted both boys' teachers to determine the problem. Jacob's teacher relayed an incident where he talked over another student and did not wait for his turn to be called on in class. She explained that Jacob may be distracted by the upcoming summer months and that the parents must simply remind Jacob that there are parameters to his behavior. Samuel's teacher indicated that he has been daydreaming and not writing in his journal as much as she would like for him to do. Again, she acknowledged that Sam may be distracted by the upcoming summer months and encouraged the parents to remind Samuel to write in his 9 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 journal. Notably, the maternal grandfather is the principal at the school where the boys attend. Father believes that maternal grandfather spoke to the boys' respective teachers and informed them of the current situation and encouraged them to report these incidents. Father does not believe these incidents have interfered with either boys' performance in school nor do they rise to the level of any concern regarding this case. Mother is simply trying to exaggerate the current situation in order to regain control over Father's period of custody. If the boys have demonstrated any inability to adjust to the custodial arrangement, it is due to Mother's behavior and interference with Father's relationship with the boys. (e) This averment contains conclusions of fact or law to which Father and Grandparents have no knowledge. As such, no answer is required and this averment is deemed denied. Strict proof thereof is demanded at trial. By way of further answer, Mother never discussed any issues regarding the boys with Father. Further, Mother never indicated the identity of any counselor where she attempted to take the boys. Mother never asked Father if he would be willing to take the boys to counseling or asked him who he would like the boys to see. 10 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Once again, Mother's behavior is indicative of her desire for control of Father's relationship with the children. Father does not believe the boys are having difficulty with the current arrangement and by all observances, the boys are thrilled to be with Father and Grandparents as much as possible. WHEREFORE, Plaintiffs, James E. Dotson, Jr. and James E. and Patricia E. Dotson respectively request this Honorable Court deny Mother's Emergency Petition for Special Relief. Respectfully submitted, atherine A. Boyle, Es re MEYERS, DESFOR, SALTZG ER & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiffs 11 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 VERIFICATION I, James Dotson Jr. , verify that the statements made in this Plaintiff's Answer to D f ndant's Emergency Petition for Special Relief are true and correct to the of my knowledge, information and belief. I understand that f statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 6/6/03 ( ) Defendant MEYERS, DESFOR, SALTZOIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 VERIFICATION I, James E. and Patricia E. Dotson , verify that the statements made in this Plaintiff's Answer to Defendant's Emergency Petition for Special Relief are true and correct to the of my knowledge, information and belief. I understand that fal statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 6/6/03 iA / -0wAA. A A o-- Y ( X) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER S BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 James E. Dotson, Jr., IN THE COURT OF COMMON PLEAS James E. and Patricia E. Dotson CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA VS. NO. 03-372 Civil Term Sara K. Stoneking-Clepper, CIVIL ACTION - LAW Defendant IN CUSTODY/VISITATION CERTIFICATE OF SERVICE I hereby certify on this day of June, 2003 a of Plaintiffs' Answer to Defendant's Emergency Petition For Special Relief was sent via first class, U.S. Mail, postage prepaid to: Sara Stoneking-Clepper c/o Jeanne B. Costopoulos, Esquire 1400 North Second Street Harrisburg, PA 17102 atherine A. Boyle, E ire Attorney I.D. #76328 Attorney for Plaintiffs 12 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 James E. Dotson, Jr., James E. and Patricia E. Dotson Plaintiffs VS. (Sara K. Stoneking-Clepper, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 Civil Term CIVIL ACTION - LAW IN CUSTODY/VISITATION PETITION FOR CONTEMPT AND NOW COMES, Plaintiff, James E. Dotson, Jr., by and Ithrough his attorneys, Meyers, Desfor, Saltzgiver & Boyle, and Ifiles this Petition for Contempt and in support thereof avers as follows: 1. Petitioner is James E. Dotson, Jr., an adult individual currently residing at 61 North Main Street, Apartment 7, Chambersburg, Pennsylvania, (hereinafter referred to as "Father"). 2. Respondent is Sara K. Stoneking-Clepper, and adult individual currently residing at 107 High Street, Apartment 1, Boiling Springs, Pennsylvania, (hereinafter referred to as "Mother"). 3. The parties are the parents of two minor children, namely, Samuel J. Dotson, date of birth September 13, 1995, and Jacob A. Dotson, date of birth July 8, 1997. 4. On April 29, 2003, this Honorable Court entered a Custody Order which provided Father four non-consecutive weeks of custody during the summer. See Order attached hereto and hereinafter referred to as Exhibit "A". MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 5 16 17 8 9 10 11 12 In a letter to Mother's counsel dated June 6, 2003, Father informed Mother of the weeks he wished to exercise his custody during the summer. See letter dated June 6, 2003, attached hereto and hereinafter referred to as Exhibit "B" Mother never objected to the weeks of custody indicated by Father either directly to Father or through her attorney. In fact, neither Father nor his counsel received any response to the letter. By letter June 13, 2003, through his attorney, Father once again confirmed the vacation schedule set forth in the prior letter. See letter dated June 13, 2003, attached hereto and hereinafter referred to as Exhibit "C". Father also contacted Mother personally on Friday, June 13, 2003, to inform her of the licensed daycare facility that would be providing daycare for the boys while he worked during the day, during his week of vacation. Father was to begin his first week of summer vacation with the boys on Saturday, June 14, 2003. Mother failed to appear to exchange the boys at that time and further denied Father access to the boys for the majority of the weekend. Father contacted Mother immediately and requested that she bring the boys to the drop-off point. Mother refused and indicated that she did not have the time to investigate his daycare arrangements and provide her 4 MEYERS, DESFOR, SALTZGIVER S BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 blessing for same. 13. Notably, even if there were no vacation scheduled, Father would have had his regularly scheduled period of custody on this same weekend, to include Father's Day. 114. Mother would not relinquish custody of the boys until Saturday at 6:00 p.m. 115. Mother has been uncooperative since the commencement of these proceedings. Further, she has attempted to control Father's periods of custody by manipulating him and the boys. Mother sees herself as solely in control of the children and in making decisions in their best interest. She has indicated to Father that she must preapprove many of his decisions before she will allow him custody. The current incident is indicative of Mother's uncooperative behavior. 16. Further, Mother's behavior has made it unnecessarily difficult for the boys to adjust to the current custody schedule. 17. Father believes that Mother is in contempt of this Honorable Court's Order. 5 MEYERS, DESFOR, SALTZGIVER 8 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 WHEREFORE, Plaintiff, James E. Dotson, Jr., respectfully requests this Honorable Court order Defendant, Sara K. Stoneking-Clepper, to comply with the Custody Order dated April 29, 2003, grant him make-up time for the missed week of summer vacation and order Defendant to pay his attorney's fees incurred as a result of filing this Petition for Contempt. 6 catnerine A. Boyle, E MEYERS, DESFOR, SALT I & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Respectfully submitted, James E. Dotson, Jr., James E. and Patricia E. Dotson Plaintiffs vs. Sara K. Stoneking-Clepper, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 Civil Term CIVIL ACTION - LAW IN CUSTODY/VISITATION CERTIFICATE OF SERVICE I hereby certify on this % day of June, 2003 a copy of Plaintiff's Petition for Contempt was sent via first class, U.S. Mail, postage prepaid to: Sara Stoneking-Clepper C/o Jeanne B. Costopoulos, Esquire 1400 North Second Street Harrisburg, PA 17102 7 / Zd& ^ V l " ? e (fit erine A. Boyle, Es Attorney I.D. #76328 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER S. BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 APR .2 9 2003 Y JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON, Plaintiffs V. SARA K. STONEKING-CLEPPER, Defendant HESS, J. --- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OAF COURT AND NOW, this ;? 9 EE day of May, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. James E. Dotson, Jr. and Sara K. Stoneking-Clepper, shall have shared legal custody of the minor children, Samuel James Dotson, born September 13, 1995 and Jacob Arthur Dotson, born July 8, 1997. 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 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. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall keep the other informed with the progress of the children's education and social adjustments. Neither party shall impair the other's right to legal custody of the children. Each party shall support the other in the role of parent and take into account the consensus of the other for the physical and emotional well-being of the children. Each parent shall have the duty to notify the other of any activity or event that could reasonably be expected to be of significant concern to the other parent. rX E NO. 03-372 CIVIL TERM With regard to any emergency decisions which must be made, the parent with whom the children are physically residing or visiting at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 2. While in the presence of the children, neither parent shall make or permit any other person to make any remarks, or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent, nor undermine or adversely affect the relationship between the other parent and the children. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 3. Neither parent shall discuss with the children any proposed changes to the custody schedule, or any other issue requiring the consultation and agreement of the other parent prior to discussing the matter and reaching an agreement with the other parent. 4. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent, without that parent's express prior approval. 5. Physical Custody. Mother shall have temporary primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. From 6:00 p.m. until 8:00 p.m. on April 24, 2003, April 29, 2003 and each Thursday commencing May 1, 2003. B. On May 3, 2003 at 10:00 a.m. until May 4, 2003 at 6:00 p.m. C. To commence May 16, 2003, on alternate weekends, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 6. Holidays. A. The parents shall alternate the following holidays, to commence with Father having custody for Memorial Day 2003: Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving Day. The custodial period for these holidays, with the exception of Independence Day, shall be from 6:00 p.m. the evening before the holiday until 6:00 p.m. on the day of the holiday. NO. 03-372 CIVIL TERM The period of custody for Independence Day shall be from 9:00 a.m. on Independence Day until 9:00 a.m. on July 5m B. Christmas. The parties shall share Christmas on an A/B schedule. Segment A shall be the first five (5) days of the school Christmas break, commencing the day school is dismissed at 6:00 p.m. Segment B shall commence at 6:00 p.m. on the fifth (5'n) day following the day that school is dismissed for the holiday recess and shall continue until 6:00 p.m. the evening before school resumes. In 2003 and subsequent odd-numbered years, Father shall have Segment A and Mother shall have Segment B. In 2004 and subsequent even-numbered years, Mother shall have Segment A and Father shall have Segment B. C. Mother's Day / Father's Day. Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. In the event that these holidays do not fall on the parent's custodial weekend, the custodial period shall begin at 6:00 p.m. the evening before the holiday and continue through 6:00 p.m. the day of the holiday. D. The holiday schedule supersedes the regular schedule. 7. Summer. Father shall have four (4) non-consecutive weeks of custody, to include with his custodial weekend, during the time that school is recessed for Summer. A week shall be defined as a period from Saturday to Saturday with the anticipated return no later than 6:00 p.m. The Paternal Grandparents, James E. Dotson, Sr. and Patricia E. Dotson, shall be permitted a single one (1) week period of partial custody to occur during the children's Summer school recess. Additionally, the Paternal Grandparents may have custody for one (1) weekend per year to occur, unless otherwise agreed, on Grandparents Day weekend, in September annually. 8. Transportation. Custodial exchanges for Father's mid-week visits shall occur in the restaurant of the Carlisle Wal-Mart during the week. For Father's periods of overnight custody the custodial exchange at the beginning of the custodial period shall occur at the Wal-Mart restaurant in Carlisle. The custodial exchange at the end of any custodial period in which Father has the children overnight shall occur in the restaurant in the K-Mart in Chambersburg. Custodial exchanges incident to the Grandparents' periods of custody shall occur at the restaurant in the Wal-Mart in Carlisle unless otherwise agreed. NO. 03-372 CIVIL TERM 9. The non-custodial parent shall be permitted reasonable telephone contact with the children. Reasonable shall be defined as one (1) completed telephone call with the children each day. 10. In the event that the children have homework which they had not been able to complete prior to the commencement of Father's custodial time, Mother will provide Father with the materials and a note of what work needs to be completed for the following school day, so that he may be sure that the children complete their homework. 11. Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. 12. This Order shall be enforceable in contempt. BY THE COURT: Kevin A. Hess, J. Dist: Catherine A. Boyle, Esquire, PO Box 1062, Harrisburg, PA 17108 Thomas S. Diehl, Esquire, PO Box 1290, Carlisle, PA 17013 TRUE Copy FROM RECOeD to Taast?rrlogy vyhertaof, ! hers urio s my i?zuJ an Tted U?e?g4el (if said CvuP at Carissia, Pa. ?T-""y Of l ?lpw: C o711J3 ftftnotw, JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON, Plaintiffs V. SARA K. STONEKING-CLEPPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 THE CUSTODY OF Samuel James Dotson September 13, 1995 Mother Jacob Arthur Dotson July 8, 1997 Mother 2. A Custody Conciliation Conference was held on April 22, 2003 pursuant to the Petition of Father and Paternal Grandparents for periods of partial custody which was filed on January 23, 2003. The delay in scheduling the Conciliation Conference was a result of Preliminary Objections which had to be resolved prior to the Conciliator having jurisdiction to meet with the parties. The Defendant filed Preliminary Objections on February 14, 2003. She then withdrew her Objections in a Praecipe dated March 24, 2003. The Conciliation Conference was scheduled following a request from the Plaintiffs counsel. Present for the conference were: the Paternal Grandparents, James E. and Patricia E. Dotson, the Father, James E. Dotson, Jr., and their counsel, Catherine Boyle, Esquire; the Mother, Sara K. Stoneking-Clepper, and her counsel, Thomas Diehl, Esquire. 3. The previous Order in this matter was dated February 28, 2001 as a result of a Stipulation and Agreement of the parties which provided Father with partial physical custody of the children at such times as the parties from time to time shall agree. 4. The Paternal Grandparents' Position is as follows: They report they have not seen the children since a brief visit in August 2002, despite requests to see the children since then. The Plaintiff Paternal Grandparents report that the Defendant Mother has refused to allow further contact, answer their phone calls or return messages left. The Plaintiff Paternal Grandparents are seeking one (1) weekend of custody per year for NO. 03-372 CIVIL TERM Grandparents Day weekend or an alternate weekend, and one (1) week of Summer vacation. 5. Father's position on custody is as follows: Father alleges that he has not seen the children since sometime in the Spring 2002, that Mother repeatedly refused his request to see the children and has denied telephone contact with the children. Father is seeking to re-establish contact with the children with a schedule that provides him partial custody on alternate weekends, one (1) or two (2) evenings per week, alternate holidays and five (5) weeks during the Summer school recess. He is willing to surrender one of the five (5) weeks to be a custodial week for the Paternal Grandparents. 6. Mother's position on custody is as follows: Mother denies that she has been withholding the children and repeatedly represents that Father can see the children any time he wants. She claims that Father abandoned the children and has chosen not to be in contact with them. Mother claims that Father's alternate weekend contact had stopped in March of 2002 when he moved without notice to her. She claims there was no contact until July of 2002 when she was contacted about taking the children for a vacation with Paternal Grandparents to the beach. She acknowledges that they had discussed the trip to the beach in January of 2002, but then when contacted again one week prior to the trip, refused to allow the children to go. She feels very strongly that the children should not be in their Father's custody for periods of overnight for several months. Mother wants several months of short, frequent visits so that Father can prove himself and regain her trust. Mother is also very opposed to a week-on week-off sharing of the weeks during which school is on Summer recess. She believes that such an arrangement would not be good for the children because it is not stable. 7. Because the parents could not reach an agreement on anything more than brief visits for two (2) hour periods, the Conciliator did not address with Mother her willingness to allow periods of partial custody with the Paternal Grandparents. However, through counsel the Conciliator learned that Mother was not interested in the children having periods of custody with the Paternal Grandparents at their home, near Pittsburgh. Father was not satisfied with Mother's willingness to allow only minimal contact. Accordingly, the Conciliator elected to make a recommended Order for the Court's approval. In the event that either party is aggrieved by the terms of the Order, both parties have the right to file a Petition seeking modification. Date _ i /, &t?, Melissa Peel Greevy, Esquire Custody Conciliator :212655 LAW OFFICES MEYERS, DESFOR, SALTZGIVER 6, BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 1. EMANUEL MEYERS(1915-1970) HARRISBURG, PA. 17108 BRUCE D. DESFOR (717) 236-9428 LAURIE A. SALTZGIVER CATHERINE A. BOYLE June 6, 2003 VIA FAX & U.S. MAIL Jeanne B. Costopoulos, Esquire Costopoulos & Welch 1400 North Second Street Harrisburg, PA 17102 RE: Dotson v. Stoneking-Clenper Dear Jeann6: FAX (717) 236-2617 WEBSITE W.» v.meyersdesfo,wm EMAIL IMIM9Iver®meyeMdesfon.mm cboyle®meyersdesfor.=m I am writing to inform you of the weeks dad wishes to exercise his custody during the summer. Mr. Dotson intends to exercise his custody during the following weeks: 1. June 14 through June 21 2. June 28 through July 3. (Please note that the July 4th Holiday is to be spent with your client so Mr. Dotson will return the children at 6:00 p.m. on July 3 and pick them up to continue his regularly scheduled weekend on Saturday July 5 at 9:00 a.m. as per the Order.) 3. July 12 through July 19. 4. July 26 through August 2. As per the Order, the vacation weeks run from Saturday to Saturday, with an anticipated return of no later than 6:00 p.m. The Order does not address a pick-up time. Mr. Dotson believes that 9:00 a.m. is appropriate. Kindly discuss this with your client and let me know. Additionally, Mr. and Mrs. Dotson, the children's grandparents, wish to exercise their week of custody from August 2 to August 9. Additionally, I note that Grandparents Weekend is September 5 through September 7. Since there are no specific times set forth in the Custody Order, Mr. and Mrs. Dotson are MEYERS, DESFOR, SALTZGIVER 6 BOYLE June 6, 2003 Page 2 willing to exercise custody using the same time parameters established by the parties. Please note that this is Mr. Dotson's regularly scheduled weekend, so the children will be picked up Friday evening anyway. If you have any questions, please feel free to contact me. Very truly yours, CAB/vjh CC: James Dotson, Jr. James & Patricia Dotson atherine A. e LAW OFFICES MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 1. EMANUELMEYERS(191S-1970) HARRISBURG, PA. 17108 BRUCE D. DESFOR (717) 236-9426 LAURIE A. SALTZGIVER CATHERINE A. BOYLE June 13, 2003 VIA FAX & U.S. MAIL Jeanne B. Costopoulos, Esquire Costopoulos & Welch 1400 North Second Street Harrisburg, PA 17102 RE: Dotson v. Stonekinq-Clepner Dear Jeanne: FAX (TT 236-2617 WEBSITEw .meyeMdesfor.mm EMAIL IsaIV9Wel®meyeMdesforwm cboyle®meyeMdesfor.mm Since I have not heard from you otherwise, I presume that the vacation schedule proposed in my prior letter is acceptable. I have also not heard from you regarding the pick-up time to begin vacation. Since I have not heard from you otherwise, Mr. Dotson will follow the schedule set forth in my prior letter to you dated June 6, 2003. Further, your client has requested and Mr. Dotson intends to provide, contact information for the children during the day, as well as the name of the care provider, if Mr. Dotson does not take time from work. He has assured her that he will provide this when he is picking up the children. When it is your client's turn to exercise her vacation time, Mr. Dotson requests the same courtesy. If you have any questions or wish to discuss this matter, please do not hesitate to contact me. CAB/vjh CC: James Dotson, Jr. James & Patricia Dotson a? w very truly yours, VERIFICATION I, James E. Dotson, Jr. , verify that the statements made in this Petition for Contempt are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: June 18, 2003 ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 c> c. W ` w ?I James E. Dotson, Jr., IN THE COURT OF COMMON PLEAS James E. and Patricia E. Dotson CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA VS. NO. 03-372 Civil Term K. Stoneking-Clepper, CIVIL ACTION - LAW Defendant IN CUSTODY/VISITATION PETITION FOR ATTORNEY'S FEES, COSTS AND EXPENSES AND NOW COMES, Plaintiffs, James E. Dotson, Jr., and James and Patricia E. Dotson, by and through their attorneys, s, Desfor, Saltzgiver & Boyle, and file this Petition for torney's Fees, Costs and Expenses and in support thereof avers as follows: 1. Petitioners are James E. Dotson, Jr., an adult individual currently residing at 61 North Main Street, Apartment 7, Chambersburg, Pennsylvania (hereinafter referred to as "Father") and James E. and Patricia E. Dotson, adult individuals currently residing at 20 Fairway Drive, Delmont, Pennsylvania (hereinafter referred to as "Grandparents"). 2. Respondent is Sara K. Stoneking-Clepper, and adult individual currently residing at 107 High Street, Apartment 1, Boiling Springs, Pennsylvania (hereinafter referred to as "Mother"). Mother and Father are the parents of two minor children, namely, Samuel J. Dotson, date of birth September 13, 1995, and Jacob A. Dotson, date of birth July 8, 1997. James E. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 and Patricia E. Dotson are the paternal grandparents of the children. Mother and Father are formerly husband and wife, having been married on October 15, 1994, separated on or about September 2000, and divorced on January 23, 2002. Prior to and after the date of separation, Father and Grandparents were actively involved in the children's daily lives. After separation, Father saw the children frequently each week for evening and overnight visits and weekends. He took the children on outings and vacations, shared the responsibilities of rearing them, and participated in their schooling. Father also frequently spoke to the children via telephone. Father also encouraged a relationship with Grandparents, taking the boys to the Grandparents' home in Pittsburgh for overnight visits. Grandparents also made vacation arrangements with the boys, spoke with them frequently via telephone and sent them cards and gifts regularly. At the time of separation, Mother filed a Custody Complaint which was resolved by an Agreement between Mother and Father dated January 18, 2001. The Agreement was entered as a Court Order on February 28, 2001. See Order dated February 28, 2001, attached hereto and hereinafter referred 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 to as Exhibit "A". 10. The Order provided for primary physical custody in Mother subject to periods of partial physical custody in Father, "at such times as the parties from time to time shall agree." See Exhibit "A". 11. Shortly after the Custody Order was entered, Father agreed to a divorce from Mother and the divorce matter was fully and finally resolved. 12. Once a divorce decree was entered, Mother remarried her then paramour and began slowly and systematically excluding Father and Grandparents from the children's lives. 13. Mother made plans for the children during the times Father was available to see them. 14. Mother stopped returning telephone calls from Father and Grandparents. 15. When Mother accepted a telephone call, she would refuse Father and Grandparents access to the children. 16. August 2002 was the last time Father spoke to the children and the last time Grandparents saw the children. 17. Ultimately, Father and Grandparents were forced to file a Complaint for Partial Custody on or about January 23, 2003. See Complaint for Partial Custody attached hereto and hereinafter referred to as Exhibit "B" 18. Mother responded to said Complaint by filing Preliminary objections, claiming that Grandparents had no standing to 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 2369428 • FAX (717) 236-2817 19 20 21 22 23 24 5 pursue the action. See Preliminary objections attached hereto and hereinafter referred to as Exhibit "C". Grandparent's listed Mother's Objections for argument and submitted a brief in a timely manner. Mother never filed a brief, which, according to Cumberland County Local Rules, was due before Grandparent's brief. Grandparent's brief noted that the Complaint was properly filed in accordance with Pennsylvania law, noting the statute and numerous cases on point. The night before the argument was scheduled, Mother withdrew her Preliminary Objections by Praecipe, noting that her objections were inconsistent with current Pennsylvania law. See Praecipe attached hereto and hereinafter referred as Exhibit "D". Mother failed to research well-settled law concerning Grandparent's custody rights. Not only did mother's actions delay the scheduling of the custody conciliation, Father and Grandparents were forced to incur attorney's fees, costs and expenses while defending the Objections that, it appears, Mother had no intention of pursuing. Ultimately, the conciliation was held on April 22, 2003 and an order regarding custody was entered. See order dated April 29, 2003, attached hereto and hereinafter referred to as Exhibit "E". 6 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17106 (717) 236-9428 • FAX(717)236-2817 26 >7 ?8 29 0 1 32 Mother was uncooperative at the conciliation and simply refused to discuss any custody arrangement with Father or Grandparents. Mother offered no explanation of her behavior or position other than to state that she, and she alone, should be the decision maker for the children. Now that the Order has been entered, Mother continues to be uncooperative. She schedules activities on Father's time and tells him that he will have to miss the time, unless he takes the children to the scheduled activity. Mother has filed an Emergency Petition for Special Relief which alleges nothing that rises to the level of imminent physical, safety or health issues for the children. The matter was referred by the Court to the conciliator and remains pending. Further, the Order provides Father with four weeks, and Grandparents with one week, of summer vacation with the boys. In accordance with the Order, Father and Grandparents notified Mother in writing, through counsel, of the weeks they wished to exercise custody for summer vacation. A week later, Father and Grandparents sent another letter to Mother, through counsel, to ccnfirm the weeks of vacation. Notably, the weeks of vacation run from Saturday to Saturday. Neither Mother nor her attorney raised any objection to the 7 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 weeks of vacation proposed by Father or Grandparents. Indeed, Father and Grandparents never heard from Mother's counsel at all. 33. Father appeared on Saturday morning, a day before Father's Day, to pick up the children, only to find that Mother was not there. 34. Father called Mother immediately and she refused to relinquish the children until Father promised to return them on Sunday evening. Moreover, Mother did not allow Father access until late Saturday evening. 35. Father was forced to file a Petition for Contempt as a result of Mother's actions, which remains pending. See Petition for Contempt filed June 20, 2003 attached hereto and hereinafter referred to as Exhibit "F" 36. Mother's behavior is dilatory, obdurate and vexatious and is intended is to merely delay this case and cause Father and Grandparents to incur substantial attorney's fee, costs and expenses. 7. Indeed, Father and Grandparents have incurred substantial attorney's fees, costs and expenses as a result of Mother's behavior. 8. Furthermore, Mother uncooperative behavior is making the children's adjustment to the Custody Order unnecessarily difficult. 8 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 WHEREFORE, Plaintiffs, James E. Dotson, Jr., and James E. Patricia E. Dotson, respectfully request this Honorable Court order Defendant, Sara K. Stoneking-Clepper, to pay the Plaintiffs' attorney's fees, costs and expenses incurred as a result of this action. Respectfully submitted, Catherine A. Boyle, squ' e MEYERS, DESFOR, SALTZGIV R & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiffs 9 MEYERS, DESFOR, SALTZGIVE'.R & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 James E. Dotson, Jr., James E. and Patricia E. Dotson Plaintiffs VS. Sara K. Stoneking-Clepper, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 Civil Term CIVIL ACTION - LAW IN CUSTODY/VISITATION CERTIFICATE OF SERVICE I hereby certify on this day of July, 2003 a of Plaintiffs' Petition For Attorney's Fees, Costs and .ses was sent via first class, U.S. Mail, postage prepaid to: Sara Stoneking-Clepper c/o Jeanne B. Costopou=_os, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 I ^ , cc?th6rine A. Boyle, Esq i e Attorney I.D. #76328 Attorney for Plaintiffs 10 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 SARA K. STONEKING-DOTSON,: Plaintiff V. JAMES E. DOTSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-828 CIVIL. TERM CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this edd day of , 2001, the attached Stipulation and Agreement is hereby made an Order of Court and all prior Orders on this matter are hereby vacated. BY THE C URT, J. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 James E. Dotson 235 West Pomfret Street, Apt. 1 Carlisle, Pennsylvania 17013 SARA K. STONEKING-DOTSON,: Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-828 CIVIL TERM JAMES E. DOTSON, CIVIL ACTION-LAW Defendant IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Sara K. Stoneking-Dotson (hereinafter referred to as "Mother") and James E. Dotson (hereinafter referred to as "Father") WHEREAS, the parties are the natural parents of Samuel J. Dotson, born September 13, 1995 and Jacob A. Dotson, born July 8, 1997 (hereinafter referred to as 'children"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 1. The parties shall have joint legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children at such times as the parties from time to time shall agree. 4. The parties will share physical custody of the children during the following holidays, on a schedule to be determined by them after consultation: Easter, Thanksgiving and Christmas. Mother shall have the children each Mother's Day, and Father shall have the children each Father's Day. In addition, the parties shall share time with the children on their birthdays. 5. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 6. Neither parent shall do anything which may estrange the child from the 1- other parry, or injury the opinion of the child as to the other party or which may hamper the free and development of the child's love or affection for the other party. The parties agree to use appropriate language and conduct when in the presence of the minor child. 8. Any modification or waiver of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 9. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties's minor child and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 10 The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 11. The parties acknowledge that they have read and understand the provisions of this Agreement. 12. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: Date: vi- 6 Date: Sara K. Stonelcifia -Dotson James E. Dotson mas.di r/domestic/custody/stoneking.stp JAMES E. DOTSON, JR., JAMES E. & PATRICIA E. DOTSON PLAINTIFF V. SARA K. STONEKING-CLEPPER DEFENDANT IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 03-372 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, January 31, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, February 17, 2003 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute: or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and 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/ Melissa P. Greevv 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TRUE COPY FROM FIECORD In Testimony wh rcol, I hare unto set my hand and the seal of said Court at Cariisle, Pa. y of.. o???... , -this .. ........ da .........:.:.f ..... v Prothonotary James E. Dotson, Jr., James E. and Patricia E. Dotson Plaintiffs VS. Sara K. Stoneking-Clepper, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.C?c3 CIVIL ACTION - LAW IN CUSTODY/VISITATION ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of 2003, at m., 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, at the request of either attorney or party, be present at the Conference. Failure 'to appear at the Conference may provide grounds for the -entry of a temporary or permanent Order. FOR THE COURT, Date of Order: By: Custody Conference Officer The Court of Common Please of Cumberland County is required by law to comply with the Americans with Disabilities 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 James E. Dotson, Jr., IN THE COURT OF COMMON PLEAS James E. and Patricia E. Dotson CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA VS. NO. Sara K. Stoneking-Clepper, CIVIL ACTION - LAW Defendant IN CUSTODY/VISITATION COMPLAINT FOR PARTIAL CUSTODY 1. The Plaintiffs are James E. Dotson, Jr., an adult (7) co individual residing at 51 North Main Street, Apartment 7_, Chambersburg, Pennsylvania and James E. and Patricia.)E. Dotson, adult individuals residing at 20 Fairwa}:Driye, Delmont, Pennsylvania. 2. The Defendant is Sara K. Stoneking-Clepper, an adult= individual residing at 107 High Street, Boiling Springs, Pennsylvania. 3. Plaintiffs seek partial custody of the following children: Name Present Address Date of Birth Samuel James Dotson 107 High Street September 13, 1995 Boiling Springs, PA Jacob Arthur Dotson 107 High Street July 8, 1997 Boiling Springs, PA The children were not born out of wedlock. The children are presently in the custody of Sara K. Stoneking-Clepper, who resides at 107 High Street, Boiling Springs, Pennsylvania. During the past five years, the children has have resided with the following persons and at the following addresses: 2 MEYERS, DESFOR, SALTZGIVER& BOYLE 410 NORTH SECOND STREET • P.O. BOX 1082 • HARRISBURG, PA 17108 17171 94.-QAIA • GAY (7191 911:-1P17 Names Addresses= Dates Jim Dotson, Jr. Sara Stoneking-Clepper Jim Dotson, Jr. Sara Stoneking-Clepper Jim Dotson, Jr., Sara Stoneking-Clepper The relationship of the plaintiffs to the children is that April 1997- April 1999 June 1999- June 2000 June 2000- October 2000 Sara Stoneking-Clepper 107 High Street October 2000 Dereck Clepper Boiling Springs,Pa Present The mother of the children is Sara K. Stoneking-Clepper, currently residing at 107 High Street, Boiling Springs, Pennsylvania. She is divorced from Plaintiff Father and remarried to Dereck Clepper. The father of the children is James E. Dotson, Jr., currently residing at 51 North Main Street, Apartment 7, Chambersburg, Pennsylvania. He is divorced from Defendant Mother. 4 5. of Father and Paternal Grandparents. The plaintiffs currently reside with the following persons: Name None. RD 5, Box 39 Punxsutawney, PA 2255 Pine Road Newville, PA 26 Valley Street Carlisle, PA Relationship The relationship of defendant to the children is that of Mother. The defendant currently resides with the following persons: 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1082 • HARRISBURG, PA 17108 n171O'!a_M04 . FAY l717 11A_IA 17 Name Dereck Clepper Relationshipp Husband Samuel James Dotson Son Jacob Arthur Dotson Son G. Plaintiff Father has participated as a party in other litigation concerning the custody of the children in this court. The court, term and number, and relationship to this action are: A Divorce and Custody Complaint was filed by Mother in Cumberland County Court to docket number 2001-828. The issues raised in the Complaint were resolved by an Agreement between Mother and Father dated January 18, 2001. The agreement was entered as an order of Court on February 28, 2001. Plaintiff Grandparents were not parties to the action. See Agreement attached hereto and hereinafter referred to as Exhibit "A." 7. The best interest and permanent welfare of the children will be served by granting the relief requested because the children will benefit from a relationship with their father and their paternal grandparents. The current custody order provides that Plaintiff Father is to see the children "at. such times as the parties from time to time shall agree." See Exhibit "A." Defendant Mother is refusing to allow Plaintiff Father to 4 MEYERS, DESFOR, SALTZGIVER 6 BOVLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17105 n+?? ove.neov cev n+?? oovnv+v see or speak to the children at all. Plaintiff Father last saw the children on or about Spring 2002. Plaintiff Father has repeatedly requested to see the children since that time and Defendant Mother has refused. Defendant Mother also refuses telephone access to the children. When Plaintiff Father calls to speak to the children, Defendant Mother either does not answer the telephone or will tell Plaintiff Father he is not permitted to speak to the children. Plaintiff Grandparents have not seen the children since a brief visit in August 2002. They have repeatedly requested to see the children, but Defendant Mother refuses. Defendant Mother also refuses to answer the telephone or return messages left by Plaintiff Grandparents. Prior to the parent's separation in 2000 and after that time, the Plaintiff Grandparents were extensively involved in the children's lives. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 ni-n ou_oeoa cev n?-n oaa_oaw WHEREFORE, the Plaintiffs, James E. Dotson, Jr., and James E. and Patricia E. Dotson request the court to grant them partial custody of the children. Respectfully submitted, a herine A. Boyle, E wire MEYERS, DESFOR, SALTZ VER & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (71.7) 236-9428 Attorney for Plaintiffs 6 MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.0.13OX1082 • HARRISBURG, PA17108 n??i ma.onoo cev rnr ?,m.omv SARA K. STONEKING-DOTSON,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001-828 CIVIL TERM JAMES E. DOTSON, CIVIL ACTION-LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of r 2001, the attached Stipulation and Agreement is hereby made an Order of Court and all prior Orders on this matter are hereby vacated. BY THE C URT, J. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 James E. Dotson 235 West Pomfret Street, Apt. 1 Carlisle, Pennsylvania 17013 EXHIBIT SARA K. STONEKING-DOTSON,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2001-828 CIVIL. TERM JAMES E. DOTSON, CIVIL ACTION-LAV\I Defendant IN CUSTODY - CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Sara K. Stoneking-Dotson (hereinafter referred to as "Mother") and James E. Dotson (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Samuel J. Dotson, born September 13, 1995 and Jacob A. Dotson, born July 8, 199'7 (hereinafter referred to as "children"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, and intending to be legally bound hereby, the parties agree as follows: 1. The parties shall have joint legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have partial physical custody of the children at such times as the parties from time to time shall agree. 4. The parties will share physical custody of the children during the following holidays, on a schedule to be determined by them after consultation: Easter, Thanksgiving and Christmas. Mother shall have the children each Mother's Day, and Father shall have the children each Father's Day. In addition, the parties shall share time with the children on their birthdays. 5. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. 6. Neither parent shall do anything which may estrange the child from the other party, or injury the opinion of the child as to the other party or which may hamper the free and development of the child's love or affection for the other party. The parties agree to use appropriate language and conduct when in the presence of the minor child. 8. Any modification or waiver of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 9. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties's minor child and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 10 The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 11. The parties acknowledge that they have read and understand the provisions of this Agreement. 12. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. WITNESS: P/61 Date: &L't, ? Sy Sara K. I I Ik L I Date: James mas.dirld om esticicustodylstoneking.stp VERIFICATION I, Jam F.- T)ntsnn, .Tr_ , verify that the statements made in this Complaint for Partial Custody are true and correct to the of my knowledge, information and belief. I understand that fal statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ( g ) Plaintiff ( ) Defendant MEYERS, DESFOR, SAI.TZGNER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9426 • FAX (717) 236-2817 VERIFICATION I, James E. Dotson & Patricia E. Dotson, verify that the statements made in this Complaint for Partial Custody are true and correct to the bes of my knowledge, information and belief. I understand that fal statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGNER, ! BOYLE - 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 FEB-14-2003 01:39 PM P. 03 JAMES E, DOTSON, JR., : IN THE COURT OF COMMON PLEAS OF JAMES E. DOTSON, and PENNSYLVANIA PATRICIA E..DOTSON, Plaintiffs SARA K. STONEKING-CLEPPER, Defendant CUMBERLAND COUNTY, NO. 2003-372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY' NOTICE You have been sued in court. If you wish to defend against the claims set forth is the following document, you must take action within twenty (20) days after these Preliminary Objections and Notice are served, by entering a written response personally or by attorney and filing a writing with the court with your defenses or objections to the claims act forth against you. You are warned that if you fail to do so, the case may proceed without you and the court may enter judgment against you without further notice for any claim or relief requested by the Defendant. You may farther lose rights important to you. 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 WHRE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3I66 FEE-14-2003 01:40 PM JAMES E. DOTSON, JR., JAMES F.. DOTSON, and PATRICIA E. DOTSON, Plaintiffs V. SARA K. STONEKING-CLEPPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003.372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY P.04 PRELI ARY OBJECTIONS AND NOW comes the Defendant, Sara K. Stoaeking-Clepper (hereinafter "Mother") by and through her counsel, Thomas S. Diehl, Esq., and asserts the following objections: 1. On or about Tuesday, January 28, 2oo3, Mother received service of the Complaint in Custody that is the subject of these preliminary objections (a copy of which is attached as "Exhibit A"). 2. The Plaintiffs of the Complaint in Custody included James E. and Patricia E. Dotson, the paternal grandparents (hereinafter "Grandparents") of the children at issue. 3. Grandparents apparently seek standing for partial custody under Title 23 Pa.C.S Section 5313 that states in material part: If an unmarried child has resided with his grundparents or great-grandparents for a period of 12 months or more [Emphasis added] and is subsequently removed from the home by his parents, the grandparents or great-grandparents may petition the court for an order granting them reasonable partial custody or visitation rights. or both, to the child. The court shall grant the petition if it finds that visitation rights would be in the best interest of the child and would not interfere with the parent-child relationship. 4. Grandparents lack standing to bring an action in custody pursuant to Title 23 Pa,C.S. Section 5313 in that: FEE-14-2003 01:40 PM P. 05 a. Since the children's birth, Grandparents have never exercised custody of the children for more then seven consecutive days; b, The Grandparents most recent visitation with the children occurred on August 2002. Said contact In August 2002 was for approximate',y five hours. C. The Grandparents last over night contact with the children was on or about December 2001 for a weekend stay of 2 to 3 days. 5. Mother and James E. Dotson, Jr., (hereinafter "Father") are currently subject to a Cumberland County Custody Order of February 28, 2001, docketed at 2001-828. Said order is attached hereto as "Exhibit H". 6. Mother has been the primary care giver of the children since, and prior to, the entry of the Custody Order dated February 28, 2001. 7. Father resides in Chambersburg, Franklin County, Pennsylvania. 8. Grandparents reside in Delmont. Pennsylvania which is located approximately 2 1'2 to 3 hours from Mother's residence via automobile. 9. Grandparents are finely able to contact children through their son, the Father. WHEREFORE, the Mother, Sara K. Stoneking-Clepper, objects to the Grandparents capacity to sue pursuant to P.R..C.P. Rule 1028(a)(5) and respectfully requests the Court enter an order with the following relief: a. Finding the Grandparents are without: standing to bring an action in custody relative to the children at issue: b. Dismissing the Plaintiffs action in Custody docketed under the 7003-3 72, c. Directing any further action in custod,, by Father to be pursuant to the FEE-14-2003 01:41 PM existing Custody Order docketO at 2001.828; AND d. Such other relief that the Court deema appropriate. Respectfully submitted, 1 Date: ) ` I GI -Lg 3 Thomas S. Diehl, Esquire Attorney for the Defendant One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 P. 06 FEE-14-2003 01:41 PM P.07 VERIFICATION I verify that the statements made in this Complaint are true and correct as relayed to me through Sara K. Stoneking-Clepper. Due to the time constrains for filing this matter, a separate verification will be filed when received form the defendant. I understand that false statements herein are made subject to the penalties of 18 FLC.S. § 4904, relating to unworn falsification to authorities. omas S. Diehl, Esq. Attorney for the Defendant 5EP-14-2003 81:41 PM CERTIFICATE OF SERVICE 1 hereby certify this 14th day of February 2003 that a true and correct copy of the foregoing document was served on the following individual(s) via facsimile and first class mail, portage prepaid: Catherine A. Boyle, Esq. 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Fix (117)23&2817 Meliaw P., Greevy, Esq, 301 Market Street Lemoyne, PA 17043 Fax (717) 441.89% I a ? "fhomas S. Diehl, Esq. P.08 FROM : MISLITSKY AND DIEHL FAX NO. : 717-240-e893 Mar. 25 2003 94:24PM P3 JAMES E. DOTSON, JR., JAMES E. DOTSON, and PATRICIA E. DOTSON, Plaintiffs v_ SARA K. STONEKING-CLEPPER, Defendant TO THE PROTHONOTARY: IN THE gOURT OF COM[M[ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY iL IMOCi T%."W A DV AO TCIrTrnwic On February 14, 2003, the above-captioned Defendant filed preliminary objections in the above captioned matter. The Defendant no longer believes that said objections are consistent with the current status of the law. Accordingly, the Defendant respectfully requests leave to withdraw prior objections. Respectfully submitted: DA T E: March 24, 2003 /J Thomas S. Diehl, Esquire Attorney for Plaintiff One West High Street. Suite 208 Post Of.`ice'Box 1290 Chambersburg, Pennsylvania 17201 (717) 240-0333 APR 2 9.2003 Y JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. SARA K. STONEKING-CLEPPER, Defendant HESS, J. --- NO.03-372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF ?. COURT AND NOW, this 9 day of 11ay,, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. James E. Dotson, Jr. and Sara K. Stoneking-Clepper, shall have shared legal custody of the minor children, Samuel James Dotson, born September 13, 1995 and Jacob Arthur Dotson, born July 8, 1997. 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 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. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall keep the other informed with the progress of the children's education and social adjustments. Neither party shall impair the other's right to legal custody of the children. Each party shall support the other in the role of parent and take into account the consensus of the other for the physical and emotional well-being of the children. Each parent shall have the duty to notify the other of any activity or event that could reasonably be expected to be of significant concern to the other parent. NO. 03-372 CIVIL TERM With regard to any emergency decisions which must be made, the parent with whom the children are physically residing or visiting at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 2. While in the presence of the children, neither parent shall make or permit any other person to make any remarks, or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent, nor undermine or adversely affect the relationship between the other parent and the children. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 3. Neither parent shall discuss with the children any proposed changes to the custody schedule, or any other issue requiring the consultation and agreement of the other parent prior to discussing the matter and reaching an agreement with the other parent. 4. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent, without that parent's express prior approval. 5. Physical Custody. Mother shall have temporary primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. From 6:00 p.m. until 8:00 p.m. on April 24, 2003, April 29, 2003 and each Thursday commencing May 1, 2003. B. On May 3, 2003 at 10:00 a.m. until May 4, 2003 at 6:00 p.m. C. To commence May 16, 2003, on alternate weekends, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 6. Holidays. A. The parents shall alternate the following holidays, to commence with Father having custody for Memorial Day 2003: Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving Day. The custodial period for these holidays, with the exception of Independence Day, shall be from 6:00 p.m. the evening before the holiday until 6:00 p.m. on the day of the holiday. NO. 03-372 CIVIL TERM The period of custody for Independence Day shall be from 9:00 a.m. on Independence Day until 9:00 a.m. on July 5t'. B. Christmas. The parties shall share Christmas on an A/B schedule. Segment A shall be the first five (5) days of the school Christmas break, commencing the day school is dismissed at 6:00 p.m. Segment B shall commence at 6:00 p.m. on the fifth (5'h) day following the day that school is dismissed for the holiday recess and shall continue until 6:00 p.m. the evening before school resumes. In 2003 and subsequent odd-numbered years, Father shall have Segment A and Mother shall have Segment B. In 2004 and subsequent even-numbered years, Mother shall have Segment A and Father shall have Segment B. C. Mother's Day / Father's Day. Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. In the event that these holidays do not fall on the parent's custodial weekend, the custodial period shall begin at 6:00 p.m. the evening before the holiday and continue through 6:00 p.m. the day of the holiday. D. The holiday schedule supersedes the regular schedule. 7. Summer. Father shall have four (4) non-consecutive weeks of custody, to include with his custodial weekend, during the time that school is recessed for Summer. A week shall be defined as a period from Saturday to Saturday with the anticipated return no later than 6:00 p.m. The Paternal Grandparents, James E. Dotson, Sr. and Patricia E. Dotson, shall be permitted a single one (1) week period of partial custody to occur during the children's Summer school recess. Additionally, the Paternal Grandparents may have custody for one (1) weekend per year to occur, unless otherwise agreed, or Grandparents Day weekend, in September annually. 8. Transportation. Custodial exchanges for Father's mid-week visits shall occur in the restaurant of the Carlisle Wal-Mart during the week. For Father's periods of overnight custody the custodial exchange at the beginning of the custodial period shall occur at the Wal-Mart restaurant in Carlisle. The custodial exchange al: the end of any custodial period in which Father has the children overnight shall occur in the restaurant in the K-Mart in Chambersburg. Custodial exchanges incident to the Grandparents' periods of custody shall occur at the restaurant in the Wal-Mart in Carlisle unless otherwise agreed. NO. 03-372 CIVIL TERM 9. The non-custodial parent shall be permitted reasonable telephone contact with the children. Reasonable shall be defined as one (1) completed telephone call with the children each day. 10. In the event that the children have homework which they had not been able to complete prior to the commencement of Fathers custodial time, Mother will provide Father with the materials and a note of what work needs to be completed for the following school day, so that he may be sure that the children complete their homework. 11. Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. 12. This Order shall be enforceable in contempt. BY THE COURT: s/ kL ?-' lve44 Kevin A. Hess, J. Dist: Catherine A. Boyle, Esquire, PO Box 1062, Harrisburg, PA 17108 Thomas S. Diehl, Esquire, PO Box 1290, Carlisle, PA 17013 T4RU' r;C Y !"PYrj ? f4Y :.dydY?? In Ts:rsi`3l Sr i'„??f" ri, ( 7€K6 i rac t° 1 ly iizw rind ti3Pd SF'.; {,+ pf a at Thi_;2Lq 0316 y}1, f1et. of 4*_ 7 Prothonotary James E. Dotson, Jr., IN THE COURT OF COMMON PLEAS James E. and Patricia E. Dotson CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA VS. Sara K. Stoneking-Clepper, Defendant NO.. 03-372 Civil Term CIVIL ACTION - LAW IN CUSTODY/VISITATION ORDER AND NOW this day of 2003, in consideration of Plaintiff's Petition for Contempt, it is hereby ordered that Defendant, Sara K. Stoneking-Clepper, shall comply with the Custody Order dated April 29, 2003, Father is awarded make-up time for the missed week of summer vacation and Defendant shall pay Plaintiff's attorney's fees incurred as a result of filing this Petition for Contempt. BY THE COURT: J. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 HARRISBURG, PA 17108 James E. Dotson, Jr., James E. and Patricia E. Dotson Plaintiffs VS. Sara K. Stoneking-Clepper, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 Civil Term CIVIL ACTION - LAW IN CUSTODY/VISITATION RULE TO SHOW CALrSE AND NOW, this day of , 2003, upon consideration of the within Petition for Contempt, a Rule to Show Cause is hereby granted-which shall be returnable within five days of date of service. BY THE COURT: J. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 111711 1e . . vnvnw, vo.-o. o James E. Dotson, Jr., IN THE COURT OF COMMON PLEAS James E. and Patricia E. Dotson CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA VS. NO. 03-372 Civil Term Sara K. Stoneking-Clepper, Defendant CIVIL ACTION - LAW IN CUSTODY/VISITATION PETITION FOR CONTEMPT AND NOW COMES, Plaintiff, James E.. Dotson, Jr., by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files this Petition for Contempt and in support thereof avers as follows: 1. Petitioner is James E. Dotson, Jr., an adult individual currently residing at 61 North Main Street, Apartment 7, Chambersburg, Pennsylvania, (hereinafter referred to as "Father"). 2. Respondent is Sara K. Stoneking-Clepper, and adult individual currently residing at L07 High Street, Apartment 1, Boiling Springs, Pennsylvania, (hereinafter referred to as "Mother"). 3. The parties are the parents of two minor children, namely, Samuel J. Dotson, date of birth September 13, 1995, and Jacob A. Dotson, date of birth July 8, 1997. 4. On April 29, 2003, this Honorable Court entered a Custody Order which provided Father four non-consecutive weeks of custody during the summer. See Order attached hereto and hereinafter referred to as Exhibit "A". MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 1717i 919.oev" . PAY 17171 vu_M7 5. In a letter to Mother's counsel dated June 6, 2003, Father informed Mother of the weeks he w--shed to exercise his custody during the summer. See letter dated June 6, 2003, attached hereto and hereinafter referred to as Exhibit "B" 6. Mother never objected to the weeks of custody indicated by Father either directly to Father or through her attorney. In fact, neither Father nor his counsel received any response to the letter. 7. By letter June 13, 2003, through his attorney, Father once again confirmed the vacation schedule set forth in the prior letter. See letter dated June 13, 2003, attached hereto and hereinafter referred to as Exhibit "C" 8. Father also contacted Mother personally on Friday, June 13, 2003, to inform her of the licensed daycare facility that would be providing daycare for the boys while he worked during the day, during his week of vacation. 19. Father was to begin his first week of summer vacation with the boys on Saturday, June 14, 2003. 110. Mother failed to appear to exchange the boys at that time and further denied Father access to the boys for the majority of the weekend. 111. Father contacted Mother immediately and requested that she bring the boys to the drop-off point. 112. Mother refused and indicated that she did not have the time to investigate his daycare arrangements and provide her 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 . HARRISBURG. PA 17108 1717193R.QA9R . FAY (7171 9RR-9817 blessing for same. 13. Notably, even if there were no vacation scheduled, Father would have had his regularly scheduled period of custody on this same weekend, to include Father's Day. 14. Mother would not relinquish custody of the boys until Saturday at 6:00 p.m. 15. Mother has been uncooperative since the commencement of these proceedings. Further, she has attempted to control Father's periods of custody by manipulating him and the boys. Mother sees herself as solely in control of the children and in making decisions in their best interest. She has indicated to Father that she must preapprove many of his decisions before she will allow him custody. The current incident is indicative of Mother's uncooperative behavior. 116. Further, Mother's behavior has made it unnecessarily difficult for the boys to adjust to the current custody schedule. 117. Father believes that Mother is in contempt of this Honorable Court's Order. 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 HARRISBURG, PA 17108 n.>, noc.neoe rnv n.n o.c.oo,? WHEREFORE, Plaintiff, James E. Dotson, Jr., respectfully requests this Honorable Court order Defendant, Sara K. Stoneking-Clepper, to comply with the Custody Order dated April 29, 2003, grant him make-up time for the missed week of summer vacation and order Defendant to pay his attorney's fees incurred as a result of filing this Petition for Contempt. Catlierine A. Boyle, E MEYERS, DESFOR, SALT I & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff 6 VER MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 !7171936-949R • FAX 17171936-9817 Respectfully submitted, James E. Dotson, Jr., James E. and Patricia E. Dotson Plaintiffs Vs. Sara K. Stoneking-Clepper, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 Civil Term CIVIL ACTION - LAW IN CUSTODY/VISITATION CERTIFICATE-OF SERVICE I hereby certify on this (1? day of June, 2003 a copy of Plaintiff's Petition for Contempt was sent via first class, U.S. Mail, postage prepaid to: Sara Stoneking-Clepper c/o Jeanne B. Costopoulos, Esquire 1400 North Second Street Harrisburg, PA 1.7102 I V\- V/ / t erine A. Boyle, Es re Attorney I.D. #76328 Attorney for Plaintiff 7 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 17171939-P49R • FAX!7171919-9817 APR 2 9 2003 JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. SARA K. STONEKING-CLEPPER, Defendant HESS, J. --- NO. 03-372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT a0i AND NOW, this day of May, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. James E. Dotson, Jr. and Sara K. Stoneking-Clepper, shall have shared legal custody of the minor children, Samuel James Dotson, born September 13, 1995 and Jacob Arthur Dotson, born July 8, 1997. 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 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. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall keep the other informed with the progress of the children's education and social adjustments. Neither party shall impair the other's right to legal custody of the children. Each party shall support the other in the role of parent and take into account the consensus of the other for the physical and emotional well-being of the children. Each parent shall have the duty to notify the other of any activity or event that could reasonably be expected to be of significant concern to the other parent. NO. 03-372 CIVIL TERM With regard to any emergency decisions which must be made, the parent with whom the children are physically residing or visiting at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 2. While in the presence of the children, neither parent shall make or permit any other person to make any remarks, or do anything which could in any way be construed as - derogatory or uncomplimentary to the other parent, nor undermine or adversely affect the - relationship between the other parent and the children. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 3. Neither parent shall discuss with the children any proposed changes to the custody schedule, or any other issue requiring the consultation and agreement of the other parent prior to discussing the matter and reaching an agreement with the other parent. 4. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent, without that parent's express prior approval. 5. Physical Custody. Mother shall have temporary primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. From 6:00 p.m. until 8:00 p.m. on April 24, 2003, April 29, 2003 and each Thursday commencing May 1, 2003. B. On May 3, 2003 at 10:00 a.m. until May 4, 2003 at 6:00 p.m. C. To commence May 16, 2003, on alternate weekends, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 6. Holidays. A. The parents shall alternate the following holidays, to commence with Father having custody for Memorial Day 2003: Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving Day. The custodial period for these holidays, with the exception of Independence Day, shall be from 6:00 p.m. the evening before the holiday until 6:00 p.m. on the day of the holiday. JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON, Plaintiffs V. SARA K. STONEKING-CLEPPER, Defendant IN THE COURT. OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 THE CUSTODY OF Samuel James Dotson September 13, 1995 Mother Jacob Arthur Dotson July 8, 1997 Mother 2. A Custody Conciliation Conference was held on April 22, 2003 pursuant to the Petition of Father and Paternal Grandparents for periods of partial custody which was filed on January 23, 2003. The delay in scheduling the Conciliation Conference was a result of Preliminary Objections which had to be resolved prior to the Conciliator having jurisdiction to meet with the parties. The Defendant filed Preliminary Objections on February 14, 2003. She then withdrew her Objections in a Praecipe dated March 24, 2003. The Conciliation Conference was scheduled following a request from the Plaintiffs counsel. Present for the conference were: the Paternal Grandparents, James E. and Patricia E. Dotson, the Father, James E. Dotson, Jr., and their counsel, Catherine Boyle, Esquire; the Mother, Sara K. Stoneking-Clepper, and her counsel, Thomas Diehl, Esquire. 3. The previous Order in this matter was dated February 28, 2001 as a result of a Stipulation and Agreement of the parties which provided Father with partial physical custody of the children at such times as the parties from time to time shall agree. 4. The Paternal Grandparents' position is as follows: They report they have not seen the children since a brief visit in August 2002, despite requests to see the children since then. The Plaintiff Paternal Grandparents report that the Defendant Mother has refused to allow further contact, answer their phone calls or return messages left. The Plaintiff Paternal Grandparents are seeking one (1) weekend of custody per year for NO. 031372 CIVIL TERM Grandparents Day weekend or an alternate weekend, and one (1) week of Summer vacation. 5. Father's position on custody is as follows: Father alleges that he has not seen the children since sometime in the Spring 2002, that Mother repeatedly refused his request to see the children and has denied telephone contact with the children. Father is seeking to re-establish contact with the children with a schedule that provides him partial custody on alternate weekends, one (1) or two (2) evenings per week, alternate holidays and five (5) weeks during the Summer school recess. He is willing to :surrender one of the five (5) weeks to be a custodial week for the Paternal Grandparents. 6. Mother's position on custody is as follows: Mother denies that she has been withholding the children and repeatedly represents that Father can see the children any time he wants. She claims that Father abandoned the children and has chosen not to be in contact with them. Mother claims that Father's alternate weekend contact had stopped in March of 2002 when he moved without notice to her. She claims there was no contact until July of 2002 when she was contacted about taking the children for a vacation with Paternal Grandparents to the beach. She acknowledges that they had discussed the trip to the beach in January of 2002, but then when contacted again one week prior to the trip, refused to allow the children to go. She feels very strongly that the children should not be in their Father's custody for periods of overnight for several months. Mother wants several months of short, frequent visits so that Father can prove himself and regain her trust. Mother is also very opposed to a week-on week-off sharing of the weeks during which school is on Summer recess. She believes that such an arrangement would not be good for the children because it is not stable. 7. Because the parents could not reach an agreement on anything more than brief visits for two (2) hour periods, the Conciliator did not address with Mother her willingness to allow periods of partial custody with the Paternal Grandparents. However, through counsel the Conciliator learned that Mother was not interested in the children having periods of custody with the Paternal Grandparents at their home, near Pittsburgh. Father was not satisfied with Mother's willingness to allow only minimal contact. Accordingly, the Conciliator elected to make a recommended Order for the Court's approval. In the event that either party is aggrieved by the terms of the Order, both parties have the right to file a Petition seeking modification. Date Melissa Peel Greevy, Esquire Custody Conciliator :212655 MEYERS, DESFOR, SALTZGIVER & BOYLE June 6, 2003 Page 2 willing to exercise custody using the same time parameters established by the parties. Please note that this is Mr. Dotson's regularly scheduled weekend, so the children will be picked up Friday evening anyway. If you have any questions, please feel free to contact me. Very truly yours, athez /A P4?3 CAB/vjh CC: James Dotson, Jr. James & Patricia Dotson VERIFICATION I, James E. Dotson. Jr. , verify that the statements made in this Petition for Contempt are true and correct to the bes of my knowledge, information and belief. I understand that f statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: June 18, 2003 ( ) Defendant MEYERS, DESFOR, SALTZGIVER A BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, FA 17108 (717) 236-9428 • FAX(717)236-2817 VERIFICATION I, James E Dotson & Patricia E. Dotson, verify that the statements made in this Petition for Attorney's Fees, Coats and Expenses are true and correct to the be of my knowledge, information and belief. I understand that fal statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Julv 2, 2003 r/ ?" "'"i-ACS (X Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVEIR & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ,... n c. w '-, L -C; C., ,_ m;: i= z :::' ? z? -?: , . -'c' -,? ?: W '? ?-- c, ?, j?? ?; i? -? . ???i _) rri `R JAMES E. DOTSON, JR., JAMES E. AND IN THE COURT OF COMMON PLEAS OF PATRICIA E. DOTSON PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-372 CIVIL ACTION LAW SARA K. STONEKING-CLEPPER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, July 10, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Melissa P. Greevy, Esq. the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, August 19, 2003 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 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P Greevv 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 schedules 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 4 -r? ? HINVAIASNN3d iZ:I EId ui Ifirs, co, of-,/ Fo-0i4 jrC) Ll9Z-9EZ (L[L) XVd • 9Zb8-96Z (LLL) 9ota Vd'OHf1HSIHHVH • Z9N X09 Od • 133H1S ON003S H1HON 0[V 31AOS 9 H3AIOZ1lVS'H0dS3a'SH3A3W lUno0 SHZ as v(, *Iev O!W r -ow- yire+ wyDwl/ •paqupab aq ;Ou pTnOgs sasuadxg pup SIs00 'saad S,AGUaO;IV OJ uOt;egad uTTq;TM aqi AuM asnpo Moos oq 'a9ddaTO-buixauojS 'X pzpS 'quapuodsaH aqq uodn pansst sT aTng p '£OOZ r! 30 App STq; 'MON aNV SSfIVD MOHS OS. =R NOIIVlISIA/)=,LSIIO NI ;uppu93aa MVq - NOIS.OV 'IIAIO 'aaddaTO-buixauO;S •x pacts wzay TTATO ZLE-EO *ON VINVA'II.SNNSd ' I.INROO aNVgUH9WnJ SVS'Zd NOWWOD 30 lHfIOD SHS NI SA S33TquTpid uosgoa •g ptolagpd pup 'g saolp '.zr 'uos:loa • g Sa)Wu A. ??..? ..V ,? V Yl ?.? 1? ' a JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON Plaintiffs V. SARA K. STONEKING -CLEPPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-372 CIVIL TERM CIVIL ACTION - LAW CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S PE I H )N FOR CONTEMPT AND NOW, comes the Defendant, Sara K. Stoneking-Clepper, by and through her attorney, Jeannd B. Costopoulos, Esquire, and states the following in support of her Answer to Plaintiff's Petition for Contempt: 1. Admitted in part; Denied in part. It is admitted that Petitioner is James E. Dotson, Jr. It is specifically denied that he resides at 61 N. Main Street, Apartment 7, Chambersburg, Pennsylvania and strict proof thereof is demanded. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is specifically denied that Mother never objected to the weeks of custody indicated by Father either directly to Father or through her attorney and strict proof thereof is demanded. It is also specifically denied that neither Father nor his counsel received any response to the letter. By way of further answer, Mother attempted to communicate with Father with respect to his weeks of partial custody on Thursday June 12, 2003 in person at Wal-Mart in Carlisle. At that time, Mother attempted to discuss Father's plan's for day care during his period of partial custody and Father refused to provide a name of the adult individual in charge at the day care center or a telephone number so that Mother could contact the day care provider. In fact, Father walked away from Mother ending their discussion. Mother requested that Father contact her at home that evening to further discuss the matter, which he failed to do. Mother also referred to vacation plans and daycare in two letters to Father dated June 12, 2003 and June 1.5, 2003. These letters are attached as Exhibit A. 7. Admitted in part; denied in part. Mother admits that Father's attorney sent her attorney the letter attached to Father's Petition as Exhibit C. Mother denies that she received the letter in time to provide a response prior to June 13, 2003 and she further denies that she ever confirmed the requested schedule set forth in either of Father's attorney's letters and strict proof thereof is demanded. 8. Denied. It is specifically denied that Father contacted Mother personally on Friday, June 13, 2003 and strict proof thereof is demanded. By way of further answer, Mother appeared with the children at the Carlisle Wal-Mart on Friday June 13, 2003 at 6:00 p.m. to begin Father's period of partial custody, but he failed to appear. While Mother was still at the Wal-Mart waiting for Father to appear, he left a message on her answering machine stating he had the information that she requested. However, Father failed to provide any specific information. Mother attempted to return Father's phone call later that evening when she arrived back from Wal-Mart and left a message on his machine. Father failed to return her call. 9. Denied. Although Father requested his first week of summer vacation to begin on June 14, 2003, it is specifically denied that an agreement was ever reached for that week and strict proof thereof is demanded. By way of further answer, Mother attempted to communicate with Father with respect to his plans for daycare during his period of partial custody, but Father refused to provide that information when requested. 10. Denied. It is specifically denied that Mother failed to appear to exchange the boys at that time or that she denied Father access to the boys for the majority of the weekend and strict proof thereof is demanded. By way of further answer, Mother was present at the Carlisle Wal-Mart on Friday, June 13, 2003 at 6:00 p.m. and again on Saturday June 14, 2003 at 9:00 a.m. and Father was not present on either occasion. Father did call Mother on June 14, 2003 at approximately 10:15 a.m., claiming that he was at the Wal-Mart in Carlisle. Since Mother had by then already been to the Wal-Mart twice in an effort to begin Father's custodial period, she finally informed Father that he could begin his period of partial custody at 6:00 p.m. that evening, as required by the custody order. 11. Admitted in part; Denied in part. It is admitted that Father contacted Mother to request that she bring the boys to the drop-off point. It is unclear what Father means by alleging that he contacted Mother immediately so Mother specifically denies that Father contacted her immediately and strict proof thereof is denied. 12. Denied. It is specifically denied that Mother refused to take the children to Wal-Mart and strict proof thereof is demanded. By way of further answer, Mother informed Father that she would be there at 6:00 p.m. that evening. Mother also denies that she did not have the time to investigate Father's daycare arrangements and provide her blessing for same and strict proof thereof is demanded. By way of further answer, Father failed to provide any daycare information to Mother until Saturday., June 14, 2003, after the daycare facility was closed. 13. Admitted. By way of further answer, Father would have been able to exercise his regularly scheduled period of partial custody for the weekend of June 13, 2003 had he appeared as Mother had at the Carlisle Wal-Mart. Despite Father's failure to appear, she nevertheless took the children to Wal-Mart in Carlisle on Saturday June 14, 2003 so that Father could exercise partial custody over Father's Day. 14. Denied. It is specifically denied that Mother would not relinquish custody of the boys until Saturday at 6:00 p.m. and strict proof thereof is demanded. By way of further answer, Mother was willing and able and present at the Wad-Mart to relinquish custody of the boys on Friday, June 13, 2003 at 6:00 p.m. and again on Saturday, June 14, 2003 at 9:00 a.m. Father failed to appear either time. 15. Denied. It is specifically denied that Mother has been uncooperative since the commencement of these proceedings or that she has attempted to control Father's periods of custody by manipulating him and the boys and strict proof thereof is demanded. It is further specifically denied that Mother sees herself as solely in control of the children and in making decisions in their best interest and strict proof thereof is demanded. It is also specifically denied that Mother has indicated to Father that she must preapprove many of his decisions before she will allow him custody and strict proof thereof is demanded. Lastly, it is specifically denied that the "current incident" is indicative of Mother's uncooperative behavior. By way of further answer, Father's failure to appear to begin his custodial periods is indicative of Father's past and present behavior. 16. Denied. It is specifically denied that Mother's behavior has made it unnecessarily difficult for the boys to adjust to the current custody schedule and strict proof thereof is demanded. In fact, Mother's behavior to date has been to provide all required information requested by Father, promptly appearing at the exchange points, and attempting to foster a loving relationship between the children and their Father. Father, his parents, and his counsel's behavior with respect to Mother have caused the children anxiety, problems in school, and behavior problems. Father's own failure to appear at scheduled exchanges has caused the children much anxiety and have hindered their feelings toward Father. In fact, it is Mother who has continually made excuses for Father when he fails to live up to his promises to the boys that has made this current custody schedule go as smoothly as it has to this point. By way of further answer, Mother requested Father's permission to take the children to a counselor to address the boys' behavioral problems, which arose since the order was implemented and about which the boys' teachers also expressed concern. Father has not personally responded to Mother's request and his counsel expressed during a phone conference with Melissa Greevy and undersigned counsel that she has recommended him to withhold such consent. As a result, the boys continue to exhibit problems that Mother is unable to address without Father's consent, which he is purposely withholding. Mother filed a Petition for Special Relief regarding these matters which is still pending before the court. 17. Denied. Mother denies that she is in contempt of this Honorable Court's Order. Father's failure to appear at the appointed exchange time does not place Mother in contempt of the court's order. WHEREFORE, Defendant requests this Honorable Court to deny Plaintiff's Petition for Contempt. Respectfully submitted, BY: Jeanie B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 DATED: 711 /ZU JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON, Plaintiffs VS. SARA K. STONEKING-CLEPPER, Defendants THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY VERIFICATION I, Sara K. Stoneking-Clepper, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: 7'"? - 03 Signature: ? ??-- Sara K. Stoneking-Clepper JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-372 CIVIL, TERM V. : CIVIL ACTION - LAW SARA K. STONEKING -CLEPPER, Defendant CUSTODY CERTIFICATE OF SERVICE I, Jeannd B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached Order of Court upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of civil procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Catherine A. Boyle, Esquire P.O. Box 1062 Harrisburg, PA 17108 BY: Jeann6 B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 /? Supreme Ct. ID No. 68735 DATED: ?? G' E X H I B I T A DEREK cSi SARA CLEPPER 107 High Street, Boiling Springs, PA 17007 June 12, 2003 James Dotson, Jr. 61 North Main Street Chatnbersburg, PA BY BAND DELIVERY AND EMAIL TO JEANNE' COSTOPOULOS, ESQ. Dear Jim, (717)-258-8260 (717)-241-3615 dsclepperCiP,,conicast.net As per the letter I received from you dated June 12, 2003, I am providing you with all of the information you have requested. Although you should have already been aware of this information had you not chosen to separate yourself from the children's lives, I will comply willingly as I have always done and will always continue to do. First, with respect to your inquiry about the children's hospitalization coverage information, isn't that a question I should be asking you? According to die support order from domestic relations, you are required to carry hospitalization coverage for the children. See attached support order. You had done so prior to leaving your job at Wendy's, but wlien you left your job you failed to meet your child support obligations. I was unaware for some time that the children were not covered on your ntedical insurance. After you moved from Carlisle, and failed to inform me of your address or telephone number, I took [tie children to their doctors. It was only after I received notice from the doctor that your medical coverage had been canceled that I was forced to set-up a payment plan with their doctor. Will you please see to it that ruedical coverage is provided for the children, and please forward this information to me and to Cumberland County Domestic Relations (case number 262104428). In regards to your request for information concerning the children's child care provider, they do not have one. I am a stay at home mother, and they are always wider the care of either myself or their step-father, Derek Clcpper. On occasion, they will spend time with their grandparents, Dean and Vicki Clepper (340 First Street, Boiling Springs, Pa 717- 258-3096). They may also occasionally visit with their cousins at the home of their aunt and uncle, Kim and Brian Ronan (142 Old York Rd, Carlisle Pa 717-258-4280). As far as the information concerning their medical provider, the name of their family doctor is Dr. David Dell at 17rree Springs Family Practice (303 N. Baltimore Ave, Mt. Holly Springs, Pa 17065 717-486-8550). 1 am sure that if you contact the receptionist at their office she will be glad to forward all copies of the children's medical records. Concerning school related records, I have already provided you with the name and phone number of their school, as I am aware that you have just recently contacted them. It is my understanding that you have already requested to be on their mailing list and have received correspondence from them. So that this letter will be totally agreeable with you, again the name of their school is W.G. Rice Elementary, 805 Holly Pike, Mt. Holly Springs, Pa 17065 717-258-6484. If you feel you are missing any pertinent information, you may contact the school. As far as your inquiry concerning their summer activity schedule, I have not enrolled theta in any activities, but was interested in enrolling them into vacation bible school at our church. If you are agreeable to this, the dates are June 22 through June 26, 2003. "flte program will be held at the Otlerbein United Methodist Church located on Forge Road, Boiling Springs, Pa 17007 (717-258-6704). The program will be wider the direction of Rev. David L. Reed, Ed.D. The boys are very excited about this as they participated in it last year. Please let me know as soon as possible if you are in agreement to this, as it is less than two weeks away. Two family vacations have been planned for this following sutntner for over a year now. They are as follows. We will be taking a trip to Colonial Williwnsburg, VA with my parents, Art and Joyce Stoneking on the dales of July S through July 12, 2003. We will also be taking a trip to Myrtle Beach, SC with Derek's parents on the dates of July 19 through July 26, 2003. If you feel it is necessary, I can see to it that you are provided with condo addresses and phone numbers. As always, you may reach me at the above telephone numbers if you have any questions or concerns. Sincerely, Sara K. Clepper DEREK & SARA CLEPPER 1071ligh Street, Boiling Springs, PA 17007 June 15, 2003 James Dotson, Jr. 61 North Main Street Chambersburg, PA 13Y HAND DELIVERY AND EMAIL TO JEANNE' COSTOPOULOS, ESQ. Dear Jim, (717)-258-8260 (717)-241-3615 dsclc per@comcast.nct I would like to discuss with you the options of daycare for the children during your weeks of summer partial custody. I have been unable to accomplish this with you in discussion. It is my hope that this letter will prompt you to be more agreeable to a person to person conversation. I am very confused as to what option you would like to pursue. In a telephone conference, dated .tune It, 2003, between Melissa Greevy and our attorneys, your attorney, Catherine Boyle informed both Melissa Greevy and my attorney, Jeanne' Costopoulos, that you would be taking vacation during your four weeks of summer partial custody. On Thursday, June 12, 2003, when I attempted to discuss this with you, you said "a lady from the church" would be watching them. I then asked for her name and phone number, after your refusal to simply supply me with her name, I asked if you could contact me by phone that evening with that information. You did not attempt to contact me by phone that evening or even Friday, the next day. You did contact me by phone on Saturday, June 14 at 10:15 am and gave me the name of a dayeare facility. You then insisted I immediately bring the children to Wal-snarl so that you could begin the week of partial custody you requested. 1 then asked to be able to contact this facility and you told nne they were closed. Although I was agreeable to the requested week previously, provided you discussed with me the daycare situation, I no longer fell comfortable sending the children not knowing where or with whom they'd be. 1 know that you feel you that you are not obliged to provide me with any information, but according to the order, not only do I have the right to the information, but the right to discuss and consult with you so that we may come to a decision jointly in the children's best interest. See attached order. Exactly, which option did you want to pursue? Do you plan on faking vacation during your times of partial custody? Do you plan oil having "a lady at [lie church" watch them? Or do you plan on sending them to a daycare facility? If it is the latter, I feel I need to tell you that I am uncomfortable with this option as I am a stay at home mother and the children have never attended a daycare facility before. (Yes, they've been to preschool, yes, they've had family and friends babysit, but they have never attended a daycare facility.) Since I feel it would not be in their best interest to be under the care of strangers, I am willing to make a reasonable offer chat would benefit all parties concerned. I am willing to make the two (2) hour round trip to Chambersburg every morning to pick up the boys when you go to work and then again in the evening when you return from work. Please call me as soon as possible to let me know what you think of this idea. Sincerely, Sara K. Ciepper c'? O ?- r -n `_ G ` _ •= JUN 2 3 2003 ?f JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SARA K. STONEKING-CLEPPER, Defendant HESS, J. --- ORDER OF COURT NO. 03-372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NOW, this 14M day of JJ4, 2003, upon consideration of the attached Custody Conciliation Summary Report and recommendation, and it appearing that the parties are in need of a hearing it is hereby ordered and directed as follows: 1. This Court's Order of April 29, 2003 shall remain in full force and effect pending hearing or an agreement of the parties. 2. A pre-hearing conference is scheduled with counsel for the day of , 2003 at 16,'00 o'clock _.M. at which time the Defendant's request for psychological evaluation of the children and/or co-parent counseling will be considered. 3. A hearing is scheduled in Courtroom Number 4 of the Cumberland County Courthouse, on the 934d day of r , 2003 at 1 % 3 0 o'clock _E.M., at which time testimony will be taken. For the purposes of the hearing, the Mother, Sara K. Stoneking-Clepper, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are 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. BY THE COURT: Kevin Aif'-less, J. Dist: Jeanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, P.O. Box. 779, Mechanicsburg, PA 17055 Catherine A. Boyle, Esquire, 410 North Second Street, P.O. Box 1062, Harrisburg, PA 17108 .Cr?2cee /yfn.R.ret-?- 7-/5%0-3 AN, L JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON, Plaintiffs NO. 03-372 CIVIL TERM V. SARA K. STONEKING-CLEPPER, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Samuel James Dotson Jacob Arthur Dotson September 13, 1995 July 8, 1997 Mother Mother 2. These parties were seen for a Custody Conciliation Conference on April 22, 2003. A report and recommended Order was issued on April 28, 2003. The Defendant filed an Emergency Petition for Special Relief on May 20, 2003. The Plaintiff filed an Answer on or about June 6, 2003. The matter has been re-referred to the custody conciliator. The Custody Conciliator had a telephone conference with counsel on June 11, 2003. Jeanne B. Costopoulos represents the Defendant Mother; Catherine A. Boyle represents the Plaintiffs, Paternal Grandparents and Father. Following telephone conference with counsel and based on a lengthy Custody Conciliation Conference on April 22, 2003, it is the Conciliator's recommendation that the matter be referred to the Court for a hearing. There are significant factual disputes between the parties. There are significant allegations of abandonment on one side and parental alienation on the other. Accordingly, the Conciliator believes that the parties are in need of a hearing to assess the credibility of the parties, make findings of fact and a determination of what custodial order would be in the best interest of these children. Based on the Conciliator's recent experience in Conciliation with these parties, the telephone conference with their counsel and the pleadings before the Court it is the Conciliator's opinion that further conciliation would be fruitless at this time, and that it is in the children's best interest to move forward to a hearing and disposition. NO. 03-372 CIVIL TERM 3. Counsel for both parties are in agreement that the matter be listed for hearing rather than return to conciliation. Counsel for Mother requests an Interim Order that would provide a requirement that the children be evaluated by a psychologist and that the parties participate in co-parent counseling. Counsel for the Plaintiffs indicates that her clients do not believe that the children are having emotional difficulties as alleged by Mother and does not believe that the evaluation of the children is a necessary pro at this time. 6-i Date Melissa Peel Greevy, Esquire Custody Conciliator :214774 AUG 2 5 2003 JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SARA K. STONEKING-CLEPPER, Defendant HESS, J. --- ORDER OF COURT NO. 03-372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NOW, this 77' day of August, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties custodial Order of April 29, 2003 shall remain in full force and effect with the following modifications: A. Father shall have custody the weekend of August 22, 2003 through August 24, 2003, and August 29, 2003 through September 1, 2003. The grandparents shall have custody as previously agreed for the weekend of September 5, 2003 through September 7, 2003. Commencing with the September 12, 2003 through September 14, 2003 weekend, the alternating weekend schedule shall resume with Father having custody for this weekend. Father shall have an additional makeup weekend on October 3, 2003 through October 5, 2003. B. When Father has had the two makeup weekends to compensate for the missed vacation week in the Summer of 2003, counsel for Father will withdraw her Petition in Contempt. BY THE COURT: K in A. Huss, J. Dist, Catherine A. Boyle, Esquire, PO Box 1062, Harrisburg, PA 17108 Jeanne B. Costopoulos Esquire 5000 Ritter R d s oa , uite 202, Mechaivcsburg, PA 17055 y'- .t 7" U 3 'INYAIASNNgd AiNnon, ^?d'> !,9Nlfl0 0?:I !4t: It:;dv xl AUG 2 5 2003 JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON, Plaintiffs V. SARA K. STONEKING-CLEPPER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Defendant 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 THE CUSTODY OF Samuel James Dotson September 13, 1995 Jacob Arthur Dotson July 8, 1997 Mother Mother 2. A Custody Conciliation Conference was held on August 19, 2003 following Father's June 20, 2003 filing of a Petition for Contempt. Present for the conference were: the Father, James E. Dotson, Jr., and his counsel, Catherine A. Boyle, Esquire; the Mother, Sara K. Stoneking-Clepper, and her counsel, Jeanne B. Costopoulos, Esquire. 3. The parties reached an agreement regarding Father's June 20, 2003 Petition for Contempt which, based on the agreement, is reflected in the Order as attached, will be withdrawn by counsel for Father. Pending before the Court is now a September 5, 2003 Pre-Hearing Conference to discuss the request for psychoVogicals for the children and an O hearing scheduled on the rder for co-parent counseling. This request was made by counsel for Mother. There is a counsel fees unrelated to the June 20, 2003 Contempt Petition 00 will also be ddressehd t time, 4. The parties agreement addressing the June 20, 2003 Contempt Petition is reflected in the Order as attached. Date Melissa Peel Greevy, Esqui :217473 Custody Conciliator JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON, Plaintiffs V SARA K. STONEKING-CLEPPER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-0372 CIVIL TERM IN RE: PREHEARING CONFERENCE ORDER OF COURT AND NOW, this 5th day of September, 2003, following pretrial conference on the record with counsel, it is ordered and directed that the parties appear for further hearing on October 23, 2003, at 1:30 p.m. Pending same, the parties are directed to cooperate in counseling sessions with Jessica Hart. By the Court, ,Xatherine A. Boyle, Esquire For the Plaintiffs ..,leanne B. Costopoulos, Esquire For the Defendant :bg J s9 .C- ly0 0 Kevjn Hess, J. i0:0 j e-d?S`C1 JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON, Plaintiffs Vs. SARA K. STONEKING-CLEPPER, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-372 CIVIL IN CUSTODY ORDER AND NOW, this /6 ' day of September, 2003, our order of September 5, 2003, is amended to reflect that further hearing in this matter is scheduled for October 29, 2003, at 1:30 p.m. and to clarify that the counseling sessions with Jessica Hart shall be for the two children of the parties. BY THE COURT, atherine A. Boyle, Esquire For the Plaintiffs Xe?nne B. Costopoulos, Esquire For the Defendant :rlm J6e i? /4- less, J. ? nI I ?a Xr, E. Dotson, Jr., IN THE COURT OF COMMON PLEAS E. and Patricia E. Dotson CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA VS. NO. 03-372 Civil Term a K. Stoneking-Clepper, CIVIL ACTION - LAW Defendant IN CUSTODY/VISITATION PRAECIPE TO WITHDRAW PETITION FOR CONTEMPT THE PROTHONOTARY: PURSUANT to the Order of Court dated August 27, 2003, and her having had the two make-up weekends to compensate for the sed vacation week in summer of 2003, kindly withdraw the ition for Contempt. Respectfully submitted, I atherine A. Boyle, E wire MEYERS, DESFOR, SALT G VER & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 James E. Dotson, Jr., James E. and Patricia E. Dotson Plaintiffs VS. Sara K. Stoneking-Clepper, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 Civil Term CIVIL ACTION - LAW IN CUSTODY/VISITATION CERTIFICATE OF SERVICE I hereby certify on this day of October, 2003 a of Praecipe to Withdraw Petition for Contempt was sent via irst class, U.S. Mail, postage to: Sara Stoneking-Clepper C/o Jeanne B. Costopoulos, Esquire 1400 North Second Street Harrisburg, PA 17102 Catherine A. Boyle, quire Attorney I.D. #7632 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER A BOYLE 410 NORTH SECOND STREET • P.O.BOX1062 • HARRISBURG, PA17108 (717) 236-9428 • FAX (717) 236-2817 c-, ?_- ;??= ?" ?a r?' - mr ? li i I Uy i,. t2 J K ' 1 ' ` f C T° n - r v . _ -4 JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 CIVIL TERM CIVIL ACTION- LAW SARA K. STONEKING -CLEPPER, IN CUSTODY Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Derek R. Clepper, Esquire on behalf of the Defendant, Sara K. Clepper, in the above captioned matter. DATE: October 13, 2003 ), P, O c. erek R. Clepper, E lquirre ATTORNEY FOR DEFENDANT 107 High Street #1 Boiling Springs, PA 17007 Phone (717)-258-8260 (717)-226-1514 Supreme Ct. ID No. 90810 JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. SARA K. STONEKING -CLEPPER, NO. 0,3-372 CIVIL TERM CIVII. ACTION- LAW IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Derek R. Clepper, Esquire, hereby certify that this day I served a copy of the Praecipe to Enter Appearance, upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Carlisle, Pennsylvania, through first class mail, prepaid, and addressed as follows: Catherine A. Boyle, Esquire P.O. Box 1062 Harrisburg, PA 17108 Jeanne' B. Costopoulos, Esquire 5000 Ritter Road Suite 202 Mechanicsburg, PA 17050 k Clepper, Esquire ATTORNEY FOR DEFENDANT 107 High Street #1 Boiling Springs, PA 17007 Phone (717)-258-8260 (717)-226-1514 Supreme Ct. ID No. 90810 DATED: b 0 n - r, rIn, C+' Gi JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON Plaintiffs V. SARA K. STONEKING -CLEPPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-372 CIVIL TERM CIVIL ACTION - LAW CUSTODY PRAECIPE TO ENTER AND WITHDRAW APPEARANCE To the Prothonotary: Please withdraw the appearance of Jeanne B. Costopoulos, Esquire, as attorney for the Defendant, Sara K. Stoneking-Clepper. DATED: U BY: J e B. Costopoulos, Esquire 5000 Ritter Road, Suite 202, Box 779 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA Supreme Ct. ID No. 68735 Please enter the appearance of Derek R. Clepper, Esquire, as attorney for the Defendant, Sara K. Stoneking-Clepper. DATED: 10??03 l C BY. erek R. Clepper, Esquire 107 High Street Boiling Springs, PA 17007 Phone: (717) 258-8260 PA Supreme Ct. ID No. 90810 JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON Plaintiffs V. SARA K. STONEKING -CLEPPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-372 CIVIL TERM CIVIL ACTION • LAW CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Praecipe to Enter and Withdraw Appearance upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, prepaid and addressed as follows: Catherine A. Boyle, Esquire 410 N. Second Street P.O. Box 1062 Harrisburg, PA 17108 1 BY: rek R. Clepper, Esquire 107 High Street Boiling Springs, PA 17007 Phone: (717) 258-8260 PA Supreme Ct. ID No. 90810 Date: 16 ?? ? ?7 - p, ri ? - r c , ??J James E. Dotson, Jr., James E. and Patricia E. Dotson Plaintiffs vs. ara K. Stoneking-Clepper, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 Civil Term CIVIL ACTION - LAW IN CUSTODY/VISITATION EMERGENCY PETITION TO DISQUALIFY DEFENDANT'S COUNSEL AND NOW COMES, Plaintiffs, James E. Dotson, Jr., and and Patricia E. Dotson, by and through their attorneys, , Desfor, Saltzgiver & Boyle, and file this Emergency tition to Disqualify Defendant's Counsel and in support f aver as follows: Petitioners are James E. Dotson, Jr., an adult individual currently residing at 51 North Main Street, Apartment 7, Chambersburg, Pennsylvania, and James E. and Patricia E. Dotson, adult individuals currently residing at 20 Fairu Drive, Delmont, Pennsylvania (hereinafter referred to as "Father" and "Grandparents" respectively or, as "Plaintiffs" collectively). Respondent is Sara K. Stoneking-Clepper, and adult individual currently residing at 107 High Street, Apartment #1, Boiling Springs, Pennsylvania, (hereinafter referred to as "Mother"). Father and Mother are the parents of two minor children, namely, Samuel J. Dotson, date of` birth September 13, 19 5, and Jacob A. Dotson, date of birth July 8, 1997. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 HARRISBURG, PA 17108 cases prior to determining whether there is need for a custody evaluation. 3. Since the case started in January 2003, mother has had three attorneys. 4. On or about October 15, 2003, Plaintiffs' counsel received a letter from Stepfather indicating that he has been "retained" to represent Mother. 5. Stepfather is Mother's third attorney in less than ten (16) months. 6. Plaintiff's counsel immediately issued a letter requestin4 that Stepfather withdraw his appearance as Mother's counsel because his representation of her is improper. See letter dated October 15, 2003, attached hereto and hereinafter referred to as Exhibit 7. Thereafter, Plaintiffs' counsel and Stepfather spoke on October 21, 2003. In a very emotional state, Stepfather indicated that he was not willing to withdraw his appearance. Stepfather further claimed to have had a "conversation" with the Honorable Kevin Hess wherein Jud6e Hess indicated that his representation of his wife was "O.K." Stepfather also indicated that he intends to address Plaintiffs' counsel's letter directly with Judge[ Hess. 18. Plaintiffs file the within Petition because it is not 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O.BOX1062 • HARRISBURG, PA17108 (717) 236-9428 • FAX(717)236-2817 proper for an attorney to act as counsel in a matter where he is likely to be called as a witness. Rule 3.7 of the Professional Rules of Conduct states, in relevant part, "A lawyer shall not advocate at a trial in which the lawyer is likely to be a necessary witness..." In custody cases, the court considers the best interests of the children to determine an appropriate custodial arrangement. Hugo v. Hugo, 288 Pa. Super. 1, 430 A.2d 118 (1981). 0 1 2 3 4 Accordingly, the Court must necessarily consider the home'. environment of each parent, including consideration of thO role of any stepparents in the children's lives. Id. In Hugo, the trial court's decision regarding custody wasi reversed and remanded for failure to hear testimony from the stepfather. Id. In the instant case, this Honorable court will likely need to hear testimony regarding Stepfather's role in the minor children's lives. The children have been living with Stepfather for a number of years. Stepfather assists in the day-to-day care of the childreni, coaches certain sports, and has interacted with Plaintiffs regarding the children. Notably, the children are with Stepfather and Mother primarily. See Exhibit "A." 6 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 35. Moreover, Mother has requested a custody evaluation and counseling. Stepfather will be required to participate in the evaluation and may also be required to participate in any counseling. ?6. Stepfather provides financial support to Mother's household and will likely be responsible for payment for an evaluation and any counseling sessions. 27. Further, Stepfather has submitted a witness list that includes his parents. 8. Plaintiffs believe that Stepfather's representation of mother unduly prejudices their case. 9. Further, Plaintiffs believe that Mother's firing of prior counsel and the "hiring" of Stepfather is a means to del the trial scheduled to begin next week. 7 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 WHEREFORE, Plaintiffs, James E. Dotson, Jr., and James E. Patricia E. Dotson, respectfully request this Honorable t order Defendant's spouse, Derek Clepper, to withdraw as sel for Defendant. Respectfully submitted, Catherine A. Boyle, E quire, MEYERS, DESFOR, SALTZGIVER & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiffs 8 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.0.BOX1062 • HARRISBURG,PA17108 (717) 236-9428 • FAX(717)236-2817 E. Dotson, Jr., E. and Patricia E. Dotson Plaintiffs vs. ara K. Stoneking-Clepper, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 Civil Term CIVIL ACTION - LAW IN CUSTODY/VISITATION CERTIFICATE OF SERVICE I hereby certify on this a1t day of October, 2003 a of Plaintiffs' Emergency Petition to Disqualify Defendant' el was sent via Federal Express, overnight mail to: Sara Stoneking-Clepper c/o Derek R, Clepper, Esquire 107 High Street #1 Boiling Springs, PA 17007 9 VAY L-t /1 62t Catherine A. Boyle, Es Attorney I.D. #76328 Attorney for Plaintiffs s MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • PO. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 VERIFICATION I, James E. Dotson , verify that the statements made in this -Emergency Petition to Disqualify Defendant's Counsel are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pte. C.S. Section 4904, relating to unswcrn falsification to authorities. Dated: 10/21/03 MEYERS, DESFOR, SALTZGIVER 4 BOYLE 410 NORTH SECOND STREET • P.O. BOX 10'02 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 VERIFICATION I, James E. Dotson & Patricia E. Dotson, verify that thej statements made in this Emergency Petition to Disqualify i Defendant's Counsel are true and correct to the best of my knowledge, information and belie=_f. I understand that fi41SE statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 10/21/03 ( X ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 APR 2 9 2003 JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. SARA K. STONEKING-CLEPPER, Defendant HESS, J. --- NO.03-372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT s AND NOW, this day of May, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. James E. Dotson, Jr. and Sara K. Stoneking-Clepper, shall have shared legal custody of the minor children, Samuel James Dotson, born September 13, 1995 and Jacob Arthur Dotson, born July 8, 1997. 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 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. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall keep the other informed with the progress of the children's education) and social adjustments. Neither party shall impair the other's right to legal custody of thej children. Each party shall support the other in the role of parent and take into account they consensus of the other for the physical and emotional well-being of the children. Each parent shall have the duty to notify the other of any activity or event that could reasonably be expected to be of significant concern to the other parent. NO. 03-372 CIVIL TERM With regard to any emergency decisions which must be made, the parent with whom the children are physically residing or visiting at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 2. While in the presence of the children, neither parent shall make or permit any other person to make any remarks, or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent, nor undermine or adversely affect the relationship between the other parent and the children. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 3. Neither parent shall discuss with the children any proposed changes to the custody schedule, or any other issue requiring the consultation and agreement of the other parent prior to discussing the matter and reaching an agreement with the other parent. 4. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent, without that parent's express prior approval. 5. Physical Custody. Mother shall have temporary primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. From 6:00 p.m. until 8:00 p.m. on April 24, 2003, April 29, 2003 and each Thursday commencing May 1, 2003. B. On May 3, 2003 at 10:00 a.m. until May 4, 2003 at 6:00 p.m. C. To commence May 16, 2003, on alternate weekends, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 6. Holidays. A. The parents shall alternate the following holidays, to commence with Father having custody for Memorial Day 2003: Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving Day. The custodial period for these holidays, with the exception of Independence Day, shall be from 5:00 p.m. the evening before the holiday until 6:00 p.m. on the day of the holiday. NO. 03-372 CIVIL TERM The period of custody for Independence Day shall be from 9:00 a.m. on independence Day until 9:00 a.m. on July 5w. B. Christmas. The parties shall share Christmas on an A/B schedule. Segment A shall be the first five (5) days of the school Christmas break, commencing the day school is dismissed at 6:00 p.m. Segment B shall commence at 6:00 p.m. on the fifth (5t') day following the day that school is dismissed for the holiday recess and shall continue until 6:00 p.m. the evening before school resumes. In 2003 and subsequent odd-numbered years, Father shall have Segment A and Mother shall have Segment B. In 2004 and subsequent even-numbered years, Mother shall have Segment A and Father shall have Segment B. C. Mother's Day / Father's Day. Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. In the event that these holidays do not fall on the parent's custodial weekend, the custodial period shall begin at 6:00 p.m. the evening before the holiday and continue through 6:00 p.m. the day of the holiday. D. The holiday schedule supersedes the regular schedule. 7. Summer. Father shall have four (4) non-consecutive weeks of custody, to include with his custodial weekend, during the time that school is recessed for Summer. A week shall be defined as a period from Saturday to Saturday with the anticipated return no later than 6:00 p.m. The Paternal Grandparents, James E. Dotson, Sr. and Patricia E. Dotson, shall be permitted a single one (1) week period of partial custody to occur during the children's Summer school recess. Additionally, the Paternal Grandparents may have custody for one (1) weekend per year to occur, unless otherwise agreed, on Grandparents Day weekend, in September annually. 8. Transportation. Custodial exchanges for Father's mid-week visits shall occur in the restaurant of the Carlisle Wal-Mart during the week. For Father's periods of overnight custody the custodial exchange at the beginning of the custodial period shall occur at the Wal-Mart restaurant in Carlisle. The custodial exchange at the end of any custodial period in which Father has the children overnight shall occur in the restaurant in the K-Mart in Chambersburg. Custodial exchanges incident to the Grandparents' periods of custody shall occur at the restaurant in the Wal-Mart in Carlisle unless otherwise agreed. NO. 03-372 CIVIL TERM 9. The non-custodial parent shall be permitted reasonable telephone contact with the children. Reasonable shall be defined as one (1) completed telephone call with the children each day. 10. In the event that the children have homework which they had not been able to complete prior to the commencement of Father's custodial time, Mother will provide Father with the materials and a note of what work needs to be completed for the following school day, so that he may be sure that the children complete their homework. 11. Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. 12. This Order shall be enforceable in contempt. BY THE COURT: rLc A-/ a lve? _s/ / Kevin A. Hess, J. Dist: Catherine A. Boyle, Esquire, PO Box 1062, Harrisburg, PA 17106 Thomas S. Diehl, Esquire, PO Box 1290, Carlisle, PA 17013 TRUE COPY FROM REWRI) in T sT!rnors;r whem, I hers urio s > mg tue and the UPI OfI Said Cwn at Carttsfe, Wt. rl'" 79- A_.. /1 Prothonowv JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON, Plaintiffs V. SARA K. STONEKING-CLEPPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 THE CUSTODY OF Samuel James Dotson September 13, 1995 Mother Jacob Arthur Dotson July 8, 1997 Mother 2. A Custody Conciliation Conference was held on April 22, 2003 pursuant to the Petition of Father and Paternal Grandparents for periods of partial custody which was filed on January 23, 2003. The delay in scheduling the Conciliation Conference was a result of Preliminary Objections which had to be resolved prior to the Conciliator having jurisdiction to meet with the parties. The Defendant filed Preliminary Objections on February 14, 2003. She then withdrew her Objections in a Praecipe dated March 24, 2003. The Conciliation Conference was scheduled following a request from the Plaintiffs counsel. Present for the conference were: the Paternal Grandparents, James E. and Patricia E. Dotson, the Father, James E. Dotson, Jr., and their counsel, Catherine Boyle, Esquire; the Mother, Sara K. Stoneking-Clepper, and her counsel, Thomas Diehl, Esquire. 3. The previous Order in this matter was dated February 28, 2001 as a result of a Stipulation and Agreement of the parties which provided Father with partial physical custody of the children at such times as the parties from time to time shall agree. 4. The Paternal Grandparents' position is as follows: They report they have not seen the children since a brief visit in August 2002, despite requests to see the children since then. The Plaintiff Paternal Grandparents report that the Defendant Mother has refused to allow further contact, answer their phone calls or return messages left. The Plaintiff Paternal Grandparents are seeking one (1) weekend of custody per year for NO. 03-372 CIVIL TERM Grandparents Day weekend or an alternate weekend, and one (1) week of Summer vacation. 5. Father's position on custody is as follows: Father alleges that he has not seen the children since sometime in the Spring 2002, that Mother repeatedly refused his request to see the children and has denied telephone contact with the children. Father is seeking to re-establish contact with the children with a schedule that provides him partial custody on alternate weekends, one (1) or two (2) evenings per week, alternate holidays and five (5) weeks during the Summer school recess. He is willing to surrender one of the five (5) weeks to be a custodial week for the Paternal Grandparents. 6. Mother's position on custody is as follows: Mother denies that she has been withholding the children and repeatedly represents that Father can see the children any time he wants. She claims that Father abandoned the children and has chosen not to be in contact with them. Mother claims that Father's alternate weekend contact had stopped in March of 2002 when he moved without notice to her. She claims there was no contact until July of 2002 when she was contacted about taking the children for a vacation with Paternal Grandparents to the beach. She acknowledges that they had discussed the trip to the beach in January of 2002, but then when contacted again one week prior to the trip, refused to allow the children to go. She feels very strongly that the children should not be in their Father's custody for periods of overnight for several months. Mother wants several months of short, frequent visits so that Father can prove himself and regain her trust. Mother is also very opposed to a week-on week-off sharing of the weeks during which school is on Summer recess. She believes that such an arrangement would not be good for the children because it is not stable. 7. Because the parents could not reach an agreement on anything more than brief visits for two (2) hour periods, the Conciliator did not address with Mother her willingness to allow periods of partial custody with the Paternal Grandparents. However, through counsel the Conciliator learned that Mother was not interested in the children having periods of custody with the Paternal Grandparents at their home, near Pittsburgh. Father was not satisfied with Mother's willingness to allow only minimal contact. Accordingly, the Conciliator elected to make a recommended Order for the Court's approval. In the event that either party is aggrieved by the terms of the Order, both parties have the right to file a Petition seeking modification. ,qala=? Date Melissa Peel Greevy, Esquire Custody Conciliator :212655 LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 41o NORTH SECOND STREET P.O. BOX 1062 1. EMANUEL MEYERS (1915-1970) BRUCE D. DESFOR LAURIE A. SALTZGIVER CATHERINE A. 130YLE HARRISBURG, PA. 17108 (717) 236-9428 FAX (717) 23E-2617 WEBSITE W .meyemdesfO..wg EMAIL 1s ftzgiver*Meyemdesfor.=m cboyle®meyersdesfor.oom October 15, 2003 Derek R. Clepper, Esquire 107 High Street # I Boiling Springs, PA 17007 RE: Dotson v. Stoneking-Cleaner Dear Mr. Clepper: I am in receipt of your Praecipe to Enter your Appearance on behalf of your wife. Please be advised that I intend to call you as a witness in this case and there are Rules of Professional Conduct that prevent you from acting as advocate and witness in this matter. Accordingly, kindly withdraw your appearance by no later than close of business Friday, October 17, 2003, or I will move to have you disqualified as Ms. Clepper's attorney. Very truly yours. Catherine A. Boyle CAB/vjh cc: James Dotson, Jr. James & Patricia Dotson c-i _i JAMES E. DOTSON, JR., JAMES E. DOTSON, and PATRICIA E. DOTSON, Plaintiffs V. SARA K. STONEKING- CLEPPER, Defendant i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-0372 CIVIL TERM IN RE: MOTION TO DISQUALIFY ORDER OF COURT AND NOW, this 24`}' day of October, 2003, upon consideration of the motion to disqualify, the at 4:00 p.m., in Pennsylvania. are directed to appear for a hearing Monday, October 27, 2003, No. 4, Cumberland County Courthouse, Carlisle, BY THE COURT, ?. . Kev' A. Hess, J. Catherine A. Boyle, Attorney for Plainti Derek R. Clepper, Attorney for Defei :rc ? `i( i? t.?ti? ??4.? ? .?. ? .n X- E. E. on, Jr., Patricia E. Dotson ntiffs K. St eking-Clepper, D fendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-372 Civil Term CIVIL ACTION - LAW IN CUSTODY/VISITATION ORDER AND N this .290 day of r1r^4b 2003, in onsiderati n of Plaintiffs' Emergency Petition to Disqualify efendant's Counsel, it is hereby order=ed that Defendant's pouse, Derek Clepper, shall withdraw as Defendant's counsel t..:'kou&, to ft4 o[a?4 d..L 4. .cf u4 ?' t Cn 6n,YMa,?. -N- ?d.ra h. d n: f -/-A Laos BY THE COURT: J n? ?O MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • RO. BOX 1062 •- HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 AiN(t?n^ 940--d o I Nd 9 Zi3D Co 3.11 -40 JAMES E. DOTSON, JAMES E. AND PAT] V. SARA K. IN THE COURT OF COMMON PLEAS E. DOTSON, OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs -CLEPPER, NO. 03-372 CIVIL TERM CIVIL ACTION- LAW IN CUSTODY Defendant To the Prothonotary: Please Defendant, Sara K. PRAECIPE TO WITHDRAW APPEARANCE the appearance of Derek R. Clepper, Esquire, as attorney for the Derek R. Clepper, Esq. 107 High Street #1 Boiling Springs, PA 17007 (71.7)-258-8260 PA Supreme Ct. ID. No. 90810 JAMES E. DOTS( JAMES E. AND P V. SARA K. I hereby Appearance upon the requirements of the P the United States Mai Catherine A. Boyle, I 410 N. Second Street P.O. Box 1062 Harrisburg, PA 17101 VIA FAX (717)-236- Sara K. Clepper 107 High Street #1 Boiling Springs, PA JR., : IN THE COURT OF COMMON PLEAS RICIA E. DOTSON, : OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiffs NO. 03-372 CIVIL TERM CIVIL ACTION- LAW -CLEPPER, IN CUSTODY Defendant CERTIFICATE OF SERVICE that I am this day serving a copy of the foregoing Praecipe to Withdraw ?rson and in the manner indicated below, which services satisfies the nsylvania Rules of Civil Procedure, by depositing a copy of the same in prepaid and addressed as follow: !817 7007 ._ ,..? ,,? ,. ?' a .-?? ti ? ?? .? James E. Dotson, Jr., James E. Dotson and Patricia E. Dotson, Plaintiffs, vs. Sara K. Stoneking-Clepper, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DOCKET NO. 03-372 CIVIL ACTION - LAW IN CUSTODYNISITATION PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW COMES, Plaintiff, James E. Dotson, Jr., by and through his attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files this Petition for Modification of Custody Order and in support thereof avers as follows: 1. Petitioner is James E. Dotson, Jr., an adult individual currently residing at 11 Robin Drive, Carlisle, Pennsylvania 17015, (hereinafter "Father"). 2. Plaintiffs are also James E. Dotson and Patricia E. Dotson, adult individuals currently residing at 6222 Greenbriar Terrace, Fayetteville, Pennsylvania 17222. Mr. and Mrs. Dotson are the Paternal Grandparents and do not oppose this petition. 3. Respondent is Sara Stoneking-Clepper, an adult individual currently residing at 19 West Springville Road, Boiling Springs, Pennsylvania 17007, (hereinafter "Mother"). The parties are the parents of two minor child, namely Samuel J. Dotson, date of birth September 13, 1995, and Jacob A. Dotson, date of birth July 8, 1997. 5. Pursuant to an Order of Court dated April 29, 2003, Mother has temporary primary physical custody of the minor children, subject to partial physical custody in Father. See Exhibit "A." MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX (717) 236-2817 116. Since the entry of the current Order, Father has relocated to within a few miles of the children. 7. Father is available to see the children during the week and for longer periods of time. 8. Moreover, since the entry of said Order, Mother has systematically attempted to alienate the children from Father. 9. For example, Mother has: a. Unilaterally changed the children's last names to reflect that of her current Husband. b. Removing any and all items from the children's home that "remind her" of Father. C. Scheduled and taken the children to various doctors and specialists without Father's knowledge. d. Placed the children in the middle of scheduling issues, including extracurricular activities on Father's scheduled custodial time. e. Involved and discussed the parties' legal matters with the children. 10. Father believes the current Order should be modified to provide him with additional time and to prevent any further alienation of the children by Mother. 5 MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 WHEREFORE, Father respectfully requests this Honorable Court grant Plaintiff, James IE. Dotson, Jr.'s, Petition for Modification of Custody Order. Respectfully submitted, Catherine A. Boyle, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiffs 6 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ( APR 2 9 2003' JAMES E. DOTSON, JR., JAMES E. AND PATRICIA E. DOTSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 03-372 CIVIL TERM V. CIVIL ACTION -- LAW SARA K. STONEKING-CLEPPER, IN CUSTODY Defendant HESS, J. --- ORDER OF COURT zr_ r AND NOW, this a 9 _, day of May, 2003, upon consideration of the attached .. Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. James E. Dotson, Jr. and Sara K. Stoneking-Clepper, shall have shared legal custody of the minor children, Samuel James Dotson, born September 13, 1995 and Jacob Arthur Dotson, bom July 8, 1997. 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 wellbeing including, but not limited to all, decisions regarding their health, education and religion Pursuant to the terms of 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. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall keep the other informed with the progress of the children's education and social adjustments. Neither party shall impair the other's right to legal custody of the children. Each party shall support the other in the role of parent and take into account the consensus of the other for the physical and emotional well-being of the children. Each parent shall have the duty to notify the other of any activity or event that could reasonably be expected to be of significant concern to the other parent. EEXIHI IB IT n NO. 03-372 CIVIL TERM With regard to any emergency decisions which must be made, the parent with whom the children are physically residing or visiting at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. 2. While in the presence of the children, neither parent shall snake or permit any other person to make any remarks, or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent, nor undermine or adversely affect the relationship between the other parent and the children. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 3. Neither parent shall discuss with the children any proposed changes to the custody schedule, or any other issue requiring the consultation and agreement of the other parent prior to discussing the matter and reaching an agreement with the other parent. 4. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent, without that parent's express prior approval. 5. Physical Custody. Mother shall have temporary primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. From 6:00 p.m. until 8:00 p.m. on April 24, 2003, April 29, 2003 and each Thursday commencing May 1, 2003. B. On May 3, 2003 at 10:00 a.m. until May 4, 2003 at 6:00 p.m. C. To commence May 16, 2003, on alternate weekends, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 6. Holidays. A. The parents shall alternate the following holidays, to commence with Father having custody for Memorial Day 2003: Easter, Memorial Day, Independence Day, Labor Day, and Thanksgiving Day. The custodial period for these holidays, with the exception of Independence Day, shall be from 6:00 p.m. the evening before the holiday until 6:00 p.m. on the day of the holiday. NO. 03-372 CIVIL TERM The period of custody for Independence Day shall be from 9:00 a.m. on Independence Day until 9:00 a.m. on July 5t'. B. Christmas. The parties shall share Christmas on an A/B schedule. Segment A shall be the first five (5) days of the school Christmas break, commencing the day school is dismissed at 6:00 p.m. Segment B shall commence at 6:00 p.m. on the fifth (e) day following the day that school is dismissed for the holiday recess and shall continue until 6:00 p.m. the evening before school resumes. In 2003 and subsequent odd-numbered years, Father shall have Segment A and Mother shall have Segment B. In 2004 and subsequent even-numbered years, Mother shall have Segment A and Father shall have Segment B. C. Mother's Day / Father's Day. Mother shall have custody for Mother's Day. Father shall have custody for Father's Day. In the event that these holidays do not fall on the parent's custodial weekend, the custodial period shall begin at 6:00 p.m. the evening before the holiday and continue through 6:00 p.m. the day of the holiday. D. The holiday schedule supersedes the regular schedule 7. Summer. Father shall have four (4) non-consecutive weeks of custody, to include with his custodial weekend, during the time that school is recessed for Summer. A week shall be defined as a period from Saturday to Saturday with the anticipated return no later than 6:00 p.m. The Paternal Grandparents, James E. Dotson, Sr. and Patricia E. Dotson, shall be permitted a single one (1) week period of partial custody to occur during the children's Summer school recess. Additionally, the Paternal Grandparents may have custody for one (1) weekend per year to occur, unless otherwise agreed, on Grandparents Day weekend, in September annually. 8. Transportation. Custodial exchanges for Father's mid-week visits shall occur in the restaurant of the Carlisle Wal-Mart during the week. For Father's periods of overnight custody the custodial exchange at the beginning of the custodial period shall occur at the Wal-Mart restaurant in Carlisle. The custodial exchange at the end of any custodial period in which Father has the children overnight shall occur in the restaurant in the K-Mart in Chambersburg. Custodial exchanges incident to the Grandparents' periods of custody shall occur at the restaurant in the Wal-Mart in Carlisle unless otherwise agreed. NO. 03-372 CIVIL TERM 9. The non-custodial parent shall be permitted reasonable telephone contact with the children. Reasonable shall be defined as one (1) completed telephone call with the children each day. 10. In the event that the children have homework which they had not been able to complete prior to the commencement of Father's custodial time, Mother will provide Father with the materials and a note of what work needs to be completed for the following school day, so that he may be sure that the children complete their homework. 11. Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. 12. This Order shall be enforceable in contempt. BY THE COURT: Kevin A. Hess, J. Dist: Catherine A. Boyle, Esquire, PO Box 1062, Harrisburg, PA 17108 Thomas S. Diehl, Esquire, PO Box 1290, Carlisle, PA 17013 TRUE COPY FROM RECO1r? In Testimony whereof, !Kara unto sat my dam and ttw s I of said Court at Thi Care, Pa. zj- ?+onehey VERIFICATION I, James E. Dotson Jr. , verify that the statements made in this Petition for Modification of Custody Order are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 10/21/2009 ( X) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 James E. Dotson, Jr., James E. Dotson and Patricia E. Dotson, Plaintiffs, VS. Sara K. Stoneking-Clepper, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DOCKET NO. 03-372 CIVIL ACTION - LAW IN CUSTODYNISITATION CERTIFICATE OF SERVICE I hereby certify on thisWI '*'5 day of &±0_kt , 2009, that a copy of the foregoing I for Modification of Custody Order was sent certified and regular first-class mail, postage i to: Sara Stoneking-Clepper 19 West Springville Road Boiling Springs, Pennsylvania 17007 and James E. and Patricia E. Dotson 6222 Greenbriar Terrace Fayetteville, PA 17222 A atherine A. Boyle, Esquir Attorney I.D. #76328 Attorney for Plaintiffs MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 TA if 2909 001 22 Pi'i '-': I :. 00. co pq O cx.-w a4aal a3a q37 James E. Dotson, Jr., James E. Dotson and Patricia E. Dotson, Plaintiffs, VS. Sara K. Stoneking-Clepper, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DOCKET NO. 03-372 CIVIL ACTION -LAW IN CUSTODYNISITATION PROOF OF SERVICE FOR PETITION FOR MODIFICATION OF CUSTODY ORDER RE: JAMES E. and PATRICIA E. DOTSON ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: James & Patricia Dotson 6222 Greenbriar Terrace Fayettville, PA 17222 A. X ? Agent ? Addressee B. ived y ( Printed Name) C. Date of Delivery ` 7,C D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type Ykertifled Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7009 1680 0000 2102 9919 (rransfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 James E. Dotson, Jr., James E. Dotson and Patricia E. Dotson, Plaintiffs, VS. Sara K. Stoneking-Clepper, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DOCKET NO. 03-372 CIVIL ACTION - LAW IN CUSTODY/VISITATION CERTIFICATE OF SERVICE I hereby certify on this Z;5?day of L(? t: , 2009, that a copy of the foregoing Proof of Service Re: Petition for Modification of Custody Order was via regular first-class I mail, postage pre-paid to: Sara Stoneking-Clepper c/o Jonathan Birbeck, Esquire District Attorney's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 and James E. and Patricia E. Dotson 6222 Greenbriar Terrace Fayetteville, PA 17222 -1 y Catherine A. Boyle, Esquir MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX (717) 236-2817 '4 / r "11A - Attorney I.D. #76328 Attorney for Plaintiffs ALFa4ffiCE OF THE PROTHONOTARY 1009 OCT 26 PSI 2: 27 t ENN§YL4`r^ ,jlA James E. Dotson, Jr. James E. Dotson and Patricia Dotson, Plaintiffs/Petitioners V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN CUSTODY Sara K. Clepper : NO.03-372 Defendant/Respondent RESPONSE TO PLAINTIFF/PETITIONER'S PETITION FOR MODIFICATION OF CUSTODY ORDER AND NEW MATTER AND NOW, comes Defendant/Respondent, Sara K. Clepper, by and through her attorney Jonathan R. Birbeck, Esquire and files this response to the Plaintiff/Petitioner's Petition for Modification of this Honorable Court's Order of April 29, 2003, and answers as follows: 1. Admitted. 2. No information or knowledge to respond, therefore DENIED. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. No information or knowledge to respond, therefore DENIED. 8. DENIED. Strict proof demanded. 9. DENIED. By way of further answer, a. DENIED. Strict proof demanded. b. DENIED. Strict proof demanded. c. DENIED. Strict proof demanded. d. DENIED. Strict proof demanded. e. DENIED. Strict proof demanded. 11. A conclusion of law, no response required. II. NEW MATTER Defendant/Respondent, by reference hereby incorporates paragraphs 1-11 above: PETITION TO MODIFY THE ORDER OF APRIL 29, 2003 AND NOW, comes Defendant/Respondent who hereby moves to Modify the Order of Court of April 29, 2003, and hereby avers as follows: 12. Defendant/Respondent agrees that the Order of April 29, 2003, should be modified. 13. Defendant/Respondent will balance Plaintiff/Petitioner's work schedule and the children's extracurricular activities to accommodate periods of partial custody. 14. In an attempt to facilitate such cooperation, undersigned counsel contacted Catherine A. Boyle, Esquire on Friday October 23, 2009. 15. Counsel has reassured Attorney Boyle that the children's names were not changed nor would they be changed in the future. 16. In an attempt to facilitate an amicable resolution of this matter, Defendant/Respondent has provided, as requested, specific days of partial custody that Plaintiff/Petitioner may elect to exercise. See Attached "Exhibit A." 17. It is in the best interest of all parties and in the best interest of the children, that the parties maintain an open line of communication regarding the Plaintiff/Petitioner's requests for periods of partial custody. WHEREFORE, Mother/Defendant/Respondent respectfully requests that this Honorable Court grant the following relief: This Court's Order of April 29, 2003 is hereby amended to reflect the following: 1. Mother shall have primary physical custody of the children; 2. Father shall have periods of partial physical custody at the times that he can accommodate with his work schedule and the children's schedule; 3. Mother shall encourage children to exercise periods of partial custody with the Father; 4. Any hearings in this matter shall be continued generally, and in the event that either party requests a hearing in this matter, pursuant to Pa Rule of Civil Procedure, 1915.4-1, this matter shall be schedule promptly before this Honorable Court. Date: October 27, 2009 TO: Catherine A. Boyle, Esquire FROM: Jonathan R. Birbeck, Esquire DATE: 27 October 2009 RE: Periods of available custody Catherine, in response to your request, I am providing the following days that your client may exercise periods of partial custody: MONDAYS TUESDAYS THURSDAYS FRIDAYS SATURDAYS SUNDAYS Additionally, pursuant to the alternating year holiday schedule, the children will be with their mother during Thanksgiving vacation. The family has planned an out of state vacation during this time period. Thank you for your attention to this matter. I verify that the statements made in this Response to Modify Custody Order are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: *- Sara K. Clepper James E. Dotson, Jr. James E. Dotson and Patricia Dotson, P laintiffs/Petitioners v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN CUSTODY Sara K. Clepper : NO.03-372 Defendant/Respondent CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Response to Petition to Modify Custody Order was served upon the Catherine A. Boyle, by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Catherine A. Boyle, Esq. 410 North Second Street PO Box 1062 Harrisburg, PA 17108 Date: October 27, 2009 RErICI OF THE i THCfbTAF(fv 2099 OCT 27 AM 9: 20 CUMBE""' ti yip C %UN Y PEN, WYUTANA •s JAMES E. DOTSON, JR., JAMES E. DOTSON IN THE COURT OF COMMON PLEAS OF AND PATRICIA E. DOTSON PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SARA K. STONEKING-CLEPPER DEFENDANT • 2003-372 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, October 26, 2009 , 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, November 19, 2009 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. 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 ueline 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 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 w - ?,N -Mwf OF lo"Otj PK 12- , 3 'U oQuo 1 V 2 7 0? ? a NOV 2 0 2009 ? Y JAMES E. DOTSON, JR., JAMES E. : IN THE COURT OF COMMON PLEAS OF DOTSON AND PATRICIA E. DOTSON, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. :2003-372 CIVIL TERM - LAW SARA K. STONEKING-CLEPPER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 2 3' day of Pft-.A ? , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated April 29, 2003 shall remain in full force and effect with the following modifications and additions. 2. Instead of Father's period of partial physical custody on every Thursday, Father shall have partial physical custody of the children every Tuesday from 6:00 p.m. to 8:30 p.m. 3. Father was to have his regularly scheduled weekend the weekend before Thanksgiving. He is willing to allow Mother to have physical custody of the children for that weekend. In exchange, Father shall makeup his weekend by having three consecutive weekends beginning the first weekend after Thanksgiving. 4. Father, or his designee, shall be responsible for all transportation on Tuesdays. For all other periods of physical custody, the receiving party or their designee shall transport the children. 5. For 2009, Mother shall have physical custody of the children on Christmas Eve from 12:00 noon to 6:00 p.m. 6. The parties acknowledge that the children's last name is Dotson. The last name Dotson shall be used on any and all school records, medical records and/or any other files, reports, documents, notes, personal belongings, church records, extracurricular records and/or any other documentation of any kind. To the extent that any name other than Dotson has been recorded in any of these indicated documents, the parties shall cooperate in correcting this immediately. 7. The parties shall provide advance notice to each other of any and all medical appointments and other scheduled activities and appointments. Notice shall be provided in advance so as to provide the other parent an opportunity to attend. 8. The parties shall communicate directly regarding any matters concerning the children. The parties shall, at all times, keep the other advised of their current telephone number, cellular telephone number, address and email address. 9. This Order is entered pursuant 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, 4/dam J. cc: Catherine A. Boyle, Esquire, Counsel for Father Jonathan Birbeck, Esquire, counsel for Mother Mr./Mrs. James E. Dotson, pro se /?, a 9 6222 Greenbriar Terrace Fayetteville, PA 17222 RLEQ--O I:iCE THE P-' NOTARY 2009 NOY 23 P 1: 31 i?`- t: JAMES E. DOTSON, JR., JAMES E. : IN THE COURT OF COMMON PLEAS OF DOTSON AND PATRICIA E. DOTSON, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner v. SARA K. STONEKING-CLEPPER, Defendant/Respondent :2003-372 CIVIL TERM - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Samuel J. Dotson September 13, 1995 Mother Jacob A. Dotson July 8, 1997 Mother 2. A Conciliation Conference was held in this matter on November 19, 2009, with the following individuals in attendance: The Father, James E. Dotson, Jr., with his counsel, Catherine A. Boyle, Esquire and Mother, Sara K. Clepper, with her counsel, Jonathan Birbeck, Esquire. James E. Dotson and Patricia E. Dotson, the paternal grandparents, did not appear. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess, dated April 29, 2003, providing for shared legal custody, Mother having primary physical custody with Father having alternating weekends, every Thursday and four non- consecutive weeks in the summer. 4. The parties present at the Conciliation Conference agreed to an Order in the form as attached. Date cq ine M. Verney, Esquire Custody Conciliator C) JAMES E. DOTSON, JR., JAMES E. DOTSON IN THE COURT OF COMMON PLEAS OF AND PATRICIA E. DOTSON PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SARA K. STONEKING-CLEPPER DEFENDANT 2003-372 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW. Wednesday, September 08, 2010 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 Monday, September 20, 2010 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. 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 uq#ne M. Verne Es . Custody Conciliator The Court of Common Pleas of Curi-iberland 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 r IO O 32 South Bedford Street -orb Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 0 ' (C) tUGfi Cst- lYrUc 1 kkJ = to - C C) cc? L? i7 23 z_1 JAMES E. DOTSON, JR., JAMES IN THE COURT OF COMMON PLEAS OF E. DOTSON and PATRICIA E. CUMBERLAND COUNTY, PENNSYLVANIA DOTSON, Plaintiffs CIVIL ACTION - LAW NO. 03-372 CIVIL vs. SARA K. STONEKING-CLEPPER, : Defendant : IN CUSTODY ORDER AND NOW, this 7" day of September, 2010, inconsideration of the attached request from the plaintiff, it appearing that a modification of the existing custody order will be required, this matter is referred to the conciliator. James Dotson 103 Gilshire Drive Moon Township, PA 15108 Jonathan Birbeck, Esquire For the Defendant Court Administrator Am Cop, es? /4(c'. le-d 1W BY THE COURT, Kevfin,A"Hess, P. J. C') m J r-n :j J No. 03-372 Civil Term James E Dotson, Jr V. Sara K. Stoneking-Clepper Judge Hess, I am writing this letter because I need to ask for an emergency mediation meeting in my custody case. I will be getting married in October and moving to Defiance, Ohio. As such the current custody order will need to be amended. I cannot afford an attorney so I will be acting as my own counsel. I would ask that you schedule a hearing as soon as possible. Thank ou., Jim t n ames Dotson 103 Gilshire Drive Moon Township, PA 15108 412-865-6077 SEP 'L 1 Zu10 JAMES E. DOTSON, JR., JAMES E. : IN THE COURT OF COMMON PLEAS OF DOTSON AND PATRICIA E. DOTSON, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . 2003-372 CIVIL TERM -LAW c-a v. ~ <:_~ _..,.t SARA K. STONEKING-CLEPPER, .__ ~~-~ ~, ~_~ _ ~ ~~ -~f Defendant : IN CUSTODY _.., ~ -;;~.~, ~ c_ a ~~ ~~ ..; ; ~ ~ ~ r~~ c s .._-~~ ~ ORDER OF COURT ~ : ;? _ ~ ~ ~-; "-A ~w A z ,l u ` , ~"} AND NOW, this 2 z~' day of ra.Z•. , 2010, upon ~~ -;~ consideration of the attached Custody Concilia ion Report, it is ordered and directed as follows: 1. The prior Orders of Court dated April 29, 2003 and November 23, 2009 are hereby vacated. 2. The Father, James E. Dotson, Jr. and the Mother, Sara K. Stoneking- Clepper, shall have shared legal custody of Samuel J. Dotson, born September 13, 1995 and Jacob A. Dotson, born July 8, 1997. 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. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than. custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall keep the other informed with the progress of the children's education and social adjustments. Neither party shall impair the other's rights to legal custody of the children. Each party shall support the other in the role of parent and take into account the consensus of the other for the physical and emotional well-being of the children. Each parent shall have the duty to notify the other of any activity or event that could reasonably be expected to be of significant concern to the other parent. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing or visiting at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Any vacation, trips or time away that would necessitate taking the children out of the country requires prior approval of both parents, said approval shall not be unreasonable withheld. At least 30-days prior notice of such trips shall be provided. 3. While in the presence of the children, neither parent shall make or permit any other person to make any remarks, or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent, nor undermine or adversely affect the relationship between the other parent and the children. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 4. Neither parent shall discuss with the children any proposed changes to the custody schedule, or any other issue requiring the consultation and agreement of the other parent prior to discussing the matter and reaching an agreement with the other parent. 5. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent, without that parent's express prior approval. 6. Mother shall have primary physical custody of the children. 7. Father shall have the following periods of partial physical custody. A. The second week of June, July and August, from Saturday to Saturday. B. Thanksgiving in even numbered years, from Wednesday before Thanksgiving to Sunday or Monday. C. Christmas. The parties shall share Christmas on an A!B schedule. Segment A shall be the first five days of the school Christmas break, commencing the day school is dismissed at 6:00 p.m. Segment B shall commence at 6:00 p.m. on the fifth (5th) day following the day that school is dismissed for the holiday recess and shall continue unti16:00 p.m. the evening before school resumes. Father shall have physical custody of the children for Segment A in odd numbered years and Segment B in even numbered years. Mother shall have physical custody of the children for Segment A in even numbered years and Segment B in odd numbered years. D. Such other times as the parties agree, which shall not be unreasonably withheld, such as when Father is visiting in the area or when paternal grandparents are visiting with Father in Ohio. If possible, Father shall provide at least 30-days prior Notice of this requested time. E. November 12-14, 2010. 8. Paternal Grandparents shall have periods of visitation with the children on the third Saturday in September every year and the third Saturday in March every year, both at times agreed by the parties. 8. Transportation shall be the responsibility of Father, however Mother shall transport the children to/from Harrisburg to catch the train airplane or transport to/from paternal grandparents at a location in Chambersburg. 9. The parties shall have reasonable telephone contact with the children. 10. Cumberland County shall retain jurisdiction of this matter. 11. 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, s.~ /~ Kevin .Hess, P.J. cc: James E. Dotson, Jr., pro se 103 Gilshire Drive Moon Township, PA 15108 ~r./Mrs. James E. Dotson, pro se 6222 Greenbriar Terrace Fayetteville, PA 17222 ~nathan Birbeck, Esquire, counsel for Mother Cod ~£~' /1'L`3[.~ 4/a a./~o ~~ SEP 21 2010 JAMES E. DOTSON, JR., JAMES E. : IN THE COURT OF COMMON PLEAS OF DOTSON AND PATRICIA E. DOTSON, :CUMBERLAND COUNTY, PENNSYLVANIA PlaintifflPetitioner v. SARA K. STONEKING-CLEPPER, Defendant/Respondent IN CUSTODY PRIOR JUDGE: Kevin A. Hess, 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: 2003-372 CIVIL TERM -LAW 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 Samuel J. Dotson Jacob A. Dotson September 13, 1995 July 8, 1997 Mother Mother 2. A Conciliation Conference was held in this matter on September 20, 2010, with the following individuals in attendance: The Father, 3ames E. Dotson, Jr., and Grandfather, James E. Dotson, pro se and Mother, Sara K. Stoneking-Clepper, with her counsel, Jonathan Birbeck, Esquire. 3. Prior Orders of Court were entered by the Honorable Kevin A. Hess, dated Apri129, 2003 and November 23, 2009, providing for shared legal custody, Mother having primary physical custody with Father having alternating weekends, and every Tuesday evening. 4. The parties present at the Conciliation Conference agreed to an Order in the form as attached. ;- r -`'`'_ Date Jacq line M. Verney, Esquire Custody Conciliator