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Home My WebLink About01-0828 FX -,' . . 1_",1,>; ,,,", -~"" ",. " .. .-" -- j- -. ".~- . ~ -, "', 'f1'".Ji -'..t,,", _, ", ,;,C 1" "", ',- t<._ '. . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . . . IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY . . . . STATE OF PENNA. . SARA K. STONEKING-DOTSON, CIVIL . . Plaintiff . VERSUS JAMES E. DOTSON, . Defendant . . . . AND NOW, . . . No. 2001-828 DECREE IN DIVORCE ~~)~ ~ 1J.'~tA.,t1 . JIID) , IT IS ORDERED AND DECREED THAT SARA K. STONEKING-DOTSON PLAINTIFF, AND JAMES E. DOTSON , DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . NONE . . . . . . . . . By AmSt~ PROTHONOTARY . .. ~,-'" , ' '4' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . .' II ," ~ ,-,- /'cl~-oQ) / 'Oltf r:70l , '#<' ,"''''' l~_,_! ~r'" ~<" ,m ,~ - -. .. ',,", '.' 13 M.,~ ~ p 4.s:;~ ~._~ ~~~ .< _.~ 1~~_Jil'~~ilI"-J'~mAftJ,~~",!IIlit!'~~~Il'Il!h,,,,.~_..,,,,,,,,,,~ " ~ . .. ,~~--"- ~, . ~ ~'~'.'--,--,,-,--,,"- -- -- -- .,', ,,-,.~- --=~ <--".<--'-'-~-""",,''''''',~-"--~-- .""'--~.--, , ' _~'i~~ .. SARA K. STONEKING-DOTSON,: Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-828 CIVIL TERM JAMES E. DOTSON, Defendant CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on February 12, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. 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. Date:m~ ;2;2. i .:2-00 I ~~~-~) Sara K. Sto king-Dotson II "",tdi<-'~i\"''''"''iliim ' ><","';'-':-*;';:,..h""'C ....... ,.... '-"-'-t1,_..ii!i,~jh'- .>>- ,:.c'-iliili_.w. "__""A_" -,-,'" ~"" "._,- ~" -; --,-. I' ~. () ,:;" s; d}t]: It >!..~. $.~ <- -j -<: ,.' Ii' ()J ~--~- -, .. -'--... ",) I" ~ -- --.:.. !\J :'-.) ::::::,,1 5:, -< " ,-. ~~ ~.. ._~" ~J_""~~=~<'_' _>_".~~ __ __"" ~C____ ~"~. -. ~ ~"'^'--"_""'w-__~,__ ~i SARA K. STONEKING-DOTSON, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-828 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE v. JAMES E. DOTSON, CERTIFICATE OF SERVICE I, Michael A. Scherer, Esquire, attorney for the Plaintiff in the above- captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt card. O'BRIEN, BARIC & SCHERER BY ~4~ - Michael A. Scherer, Esquire DATE: January 18, 2002 '.. ~ '~ m' l!! ~ l!! ~: I also wish to receive the followM ing services (for an extra fee): [J Complete items 1 a"d/or 2 for additional services. Cpmplete items-3, 4a, alld 4b. [J Print your namEl..and address on the reverse of this form so that we can return this card to you. o Attach this formto the fr()nt of the mailpiece, oron the back if space does not permit. .s 0 Write "Retum Receipt Ri9Quested" on the mailpiece below the article number. c 0 The Return Receipt will !lhow 10 whom the article was delivered and the date o delivered. it 3, Article Addressed to: 4a, Article Number 1&'. \" 0 Dq ~NUmr,~ f.. oison 4b, Service Type ~ /) '05 I. '~'i)t Po mfter Stn:er P Registered , ~Certified tl\ W 0 Express Mall 0 Insured Q ftpt 11 I 0 Return Receipt for Merchandise 0 COD ~Cor/i~lt1 110/3 -,' - 7,DateofDelivery ;l-/7-o/ 1. 0 Addressee's Address 2.~estricted Delivery ai u 'E rll ~5~b\1~3 - Q. 'ij m . '" , E '" li II: ,'tb c .~ " ~ ,g " o ,., .. c .. .c ... 8. Addressee's Address (Only if requested and fee is paid) 102595-99-8,0223 Domestic Return Receipt fi: ;r; -------~.-.~~~.,~\'_-._~~-_._--- :"'" --'-->-~IiiIIlliI'r-. - '--',,",- ~~~iift.:~ -,-" '-,'," n~"'., ,," ~_.,i..... ~ ~"" - . ~" (") <::) 0 C .'V ," ~ '- ..-/ L/m "'" ~f1;g mr<1 :z 2...--: -".,m t5~; CO ::-J~ j'SL" KC " -::;0"'.' "f'j ~O ~.. ~.;?D -"'.. 5>0 r:-? O,n ~ ~l"J ?ii W -< i ^*-,~","" - ^-~- ^ ~- J!Iljj'~,;,:! , I/? . . SARA K. STONEKING-DOTSON,: Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-828 CIVIL TERM JAMES E. DOTSON, Defendant CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on February 12, 2001. 2. Defendant acknowledges receipt and accepts service of the Complaint on February 17, 2001. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. 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. C)d~~ ~ James E. Dotson Date: Ii J-I d;)-. "~~,-O, "'_, f1t .,,,,, '1r"""liiIIlir '.- " -,~ ,;,. '-- " -1l~__'""'~~" .....;;.,;;j~ " ~ "'H ,,~, . - , C) ~ -o$.. mal ;tf7l z:x:.1 (0) ~,~:: s;:U )>c: ~d c: ~ . o N o " ::::- ...,,""" "- ~ (TI ;~~ ~;).ij ~?'-- ~ --"')p"::; ~' ;;a -< 0:> -0 ::1:: N " tn ';:;-" , ", ,-_~_ _~.,~c__"",.," _~'''^ <<_, "'" .. ".' ,__"'___',",""',"'''/''-". '_";;"__''''''~_"'".. ;__,:;.,_,,:',;. '~i ',< . ARA K. STONEKING-DOTSON, Plaintiff .. " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-828 CIVIL TERM v. JAMES E DOTSON, Defendant CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a · divorce decree: ! ~ , Icode, , 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the divorce 2. Date and manner of service of the complaint: Service upon the Defendant via certified mail, restricted delivery on February 17, 2001, 3. (Complete either paragraph (a) or (b).) (a) Date of execution ofthe affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff , Mav 29. 2001 by the defendant Januarv 2. 2002 (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the divorce code N/A (2) Date of service of the plaintiff's affidavit upon the defendant N/A 4. Related claims pending NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to , transmit record, a copy of which is attached: . (b) Date plaintiff's waiver of notice in Section 3301 (c) divorce was filed with the , Prothonotary: Mav 29. 2001 Date defendant's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: Januarv 18. 2002 ~?(~ MichaelA Scherer, Esquire Attorney for Plaintiff, Sara K. Stoneking-Dotson _iIll;i'~ ~ 'Ili("">-""--d_ili" -Bli.JL~ ~iili\i:'r ~~i;jlt,.ililM,k~~ i U", ~~"~(.:i1ri-~ :.i,-,~. --,,,< ~"..-" -<~~,^, , . '., ~'-~' ii'" [., Jl 0 Cl ~ u c: '" I' s:: ~ .,_. -orn """ ~--;:i::!J ~r" z :xi 'r~- :ZC eo )~? ~~~ ~O ,,,,p -0 --, rl ~O :;: ~~ -0 ~ >c ~ U1 :;; :0 Ul -< .:-~tiU "">'--'-j- :- - "~' ""'" SARA K. STONEKING-DOTSON,: Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-828 CIVIL TERM JAMES E. DOTSON, Defendant CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this d~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,D tot()~}~ 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 ~ -. """ 4 ~,.- -~- q SARA K. STONEKING-DOTSON,: Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-828 CIVIL TERM JAMES E. DOTSON, Defendant 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, -qj' 0'0 ,.0 ',' At . " 4. The parties will share physical custody of the children during the following holidays, on a schedulfil 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. '''''Ii;j l~ ... "n'l r]"""JW1 1 0 The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part ofthe 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: 1//~/61 / ' I / \~)Gl I I Date: Date: mas.dir/domestic/custody/stoneking.stp . ,-' SARA K. STONEKING-DOTSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 2001- t';)?5 : CIVIL ACTION-LAW Defendant : IN DIVORCE CIVIL TERM JAMES E. DOTSON, PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Sara K. Stoneking-Dotson, the Plaintiff herein, to proceed in forma pauperis. I, Michael A. Scherer, Esquire, attorney for the Plaintiff, the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing fee legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. ?4va Michael A. Scherer, Esquire Attorney for Plaintiff Date: Z. S-:o I I II SARA K. STONEKING-DOTSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001- f.;tP CIVIL TERM JAMES E. DOTSON, : CIVIL ACTION-LAW Defendant : IN DIVORCE ; ~ AFFIDAVIT 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. jj ;, J~ 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. ( i ~ i ., i' 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: [1 il (A) Name: Sara K. Stoneking-Dotson Social Security #: 600-26-3123 Address: 26 Valley Street, Carlisle, Pennsylvania 17013 (B) Employment: If you are presently employed, state: Employer: Brenda Lehman Address: 1126 Fairfield, Mechanicsburg, Pennsylvania 17055 Salary or wages per month: $1,000.00 Type of work: nanny If you are presently unemployed, state: Date of last employment: n/a Type of work: n/a Salary or wages per month: n/a (C) Other income within the past twelve months: Other self-employment: 0.00 Dividends: 0.00 Social Security: 0.00 Disability payments: 0.00 Business or profession: 0.00 Interest: 0.00 Pensions or annuities: 0.00 Support payments: 0.00 I II .' ' ~ ] - . , . . ' 1:1 Ii ii I' i1 ! ~: I ~ VERIFICATION I verify that the statements made in the foregoing Motion To Proceed Informa .' '. Pauperis are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 3 4904, relating to unsworn falsification to authorities. ~L4U~<Sh :' -~ Sara K. ~Dotson Date: 1-0( b ~ () / II . . . . - SARA K. STONEKING-DOTSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001- <t;)~ : CIVIL ACTION-LAW Defendant : IN DIVORCE CIVIL TERM JAMES E. DOTSON, NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 (717) 249-3166 II J. . '. ".~ ~, .-,,--' ~-~-"~--""-, -- "-"'---^~-.'; -~~j-- ., . - SARA K. STONEKING-DOTSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001- V~ l" CIVIL TERM JAMES E. DOTSON, : CIVIL ACTION-LAW Defendant : IN DIVORCE COMPLAINT UNDER SECTIONS 3301(C) AND 3301(0) OF THE DIVORCE CODE 1. Plaintiff is Sara K. Stoneking-Dotson, an adult individual who currently resides at 26 Valley Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is James E. Dotson, an adult individual who currently resides at 235 West Pomfret Street, Apt. 1, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 15, 1994 in Allegheny County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. II ~- r_ ,._,.' -.-~,,",'~~ ~w - ~_ '_ ~, _'~j -, . - 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II - CUSTODY 10. The plaintiff is Sara K. Stoneking-Dotson, an adult individual residing at 26 Valley Street, Carlisle, Cumberland County, Pennsylvania. 11. The defendant is James E. Dotson, an adult individual residing at 235 West Pomfret Street, Apt. 1, Carlisle, Cumberland County, Pennsylvania. 12. Plaintiff seeks custody of Samuel J. Dotson, born September 13,1995 and Jacob A. Dotson, born July 8, 1997. The children were not born out of wedlock. The children are presently in the custody of Plaintiff at 26 Valley Street, Carlisle, Cumberland County, Pennsylvania. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Dates Sara Stoneking-Dotson 26 Valley Street Carlisle, Pennsylvania August, 2000 to January, 2001 August, 2000 to October, 1999 James E. Dotson and Sara Stoneking-Dotson 2255 Pine Road Newville, Pennsylvania II - . - James E. Dotson and Sara Stoneking-Dotson 1533 Spring Road Carlisle, Pennsylvania March, 1999 to October, 1999 James E. Dotson and Sara Stoneking-Dotson R.D. 5 Box 39 Punxsutawney, Pennsylvania March, 1997 to March, 1999 James E. Dotson and Sara Stoneking-Dotson 10600 Western Avenue Stanton, California October, 1995 to March, 1997 The natural father of the children is James E. Dotson, currently residing at 235 West Pomfret Street, Apt. 1, Carlisle, Cumberland County, Pennsylvania. He is married to the Plaintiff. The natural mother of the children is Sara K. Stoneking-Dotson, currently residing at 26 Valley Street, Carlisle, Cumberland County, Pennsylvania. She is married to the Defendant. 13. The relationship of the Plaintiff to the children is that of natural mother. The plaintiff currently resides with the following persons: Names Relationship Samuel J. Dotson son Jacob A. Dotson son 14. The relationship of the Defendant to the children is that of natural father. The defendant currently resides with the following persons: Names Relationship NONE 15. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. I !, II ",." . - Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 16. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests your Honorable Court to grant her primary physical custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER DATE: 1.'lL-1. 01 ~c;4 Michael A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/divorce/stoneking-dotson.com II L .A VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904, relating to unsworn falsification to authorities. Scu.vstSl~~ -~ Sara K. Stoneking-;jitson DATED: / / ~() /01 , / , 'I II