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HomeMy WebLinkAbout08-1124ALLEN C. BROWN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. O$- 1101' Civil Ter wt CHERI CLAPP, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRAECIPE TO REGISTER CUSTODY ORDER PURSUANT TO 23 PA.C.S.A. 45445 TO THE PROTHONOTARY: Kindly register the attached Stipulated Order for Custody from Conciliation dated August 24, 2004, entered in the Court of Common Pleas of York County, Pennsylvania. Please register this Order as an Order of Court in the Court of Common Pleas of Cumberland County, Pennsylvania. A certified copy and one additional copy is attached for the Court's review. To the best of my knowledge and belief, this Order has not been modified additionally by the Court. SAIDIS, FLOWER 8t LINDSAY Marylou Mas, Esqu re Attorney 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, IPlDS" WMA-MIAW 26 West High Street Carlisle, PA cc: Allen Brown 33 Hamilton Road Boiling Springs, PA 17007 Plaintiff/Father Cheri Clapp 212 North Hanover Street, Apt. 1 Carlisle, PA 17013 Defendant/Mother (51/ IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA FAMILY DIVISION ALLEN C. BROWN No. 2004-CU-715-Y03 vs. Action in Custody . (: cam7-11 CHERI L. CLAPP-BROWN APPEARANCES: For Plaintiff: Bradley A. Winnick, Esquire 73 For Defendant: Amy J. Phillips, Esquire ) STIPULATED ORDER FOR CUSTODY FROM CONCILIATION f L.- AND NOW, this '?.y day of August, 2004, this Order is being entered as a result of a pre-trial Conciliation Conference held on August 13, 2004, before Glenn C. Vaughn, Esquire. The matter is before the Court on Allen C. Brown's Complaint for Custody. The parties, to their credit, have reached an agreement to resolve their issues. This matter involves the custody of: Darius Brown DOB: May 1, 1998 Age: 6 years Christopher Brown DOB: May 24, 2aUD _, Age: 4 years 238091250251 Maria Brown nnD. nPr?mber 12T2?02 Agg 1 '42 years No previous Court Order concerning this children's custody has been entered. -1- PARTIAL PHYSICAL CUSTODY: Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. The Father shall have partial physical custody of the children as follows: SCHEDULE OF PARTIAL CUSTODY: ACCORDING TO FATHER'S WORK SCHEDULE: The Father is a Pennsylvania State Trooper. He will give the Mother his work schedule at least thirty (30) days in advance. He will mark on the schedule his days off, plus the other times on his days off that he will have custody, so that it is clear on which days he will have partial custody of the children. His custody period will begin within one hour after he gets off work on the day before his first day off and continue until 10:00 am on the second day thereafter. Thus, he will have two overnights every week. In addition, he will have one other overnight per week, which will be determined by the night after his turnaround shift. In addition to the forgoing, the Father will have the right to designate two othe 1 1 very twenty-eight (28) another day. When the Father has single overnights, his time will begin within one (1) -3- hour after he gets off work and continue until 10:00 am the next morning. SUMMER VACATION DEFINED: Summer vacation is defined by the Court as beginning day after the children are out of school, and continuing until the day before they return to school in the fall. Each party shall have the right of two non-consecutive weeks of summer vacation time with the children upon at least thirty (30) days advance written notice of the selection of the vacation dates to the other party. The first to notify the other party of the selection of vacation shall prevail in the selection process. ALTERNATE HOLIDAYS: Each party shall also have the right of partial custody on alternate holidays throughout the year the holidays being: New Year's Day, Memorial Day, Independence Day Holiday, Labor Day, and Thanksgiving Day. Custody on these holidays shall be exercised from 9 a.m. until 7 p.m., with the Mother to have custody on the first holiday, that being Labor Day, 2004. The parties shall alternate custody on alternate holidays thereafter. In the event that a parent who wauLd. se have custody of the 238091250251 nediately precedes or f01101AIS one of the alternating holidays on which that same parent would also have custody, the parent need not relinquish custody until the conclusion of the entire three day period. -4- CHRISTMAS: In even numbered years, such as 2004, Mother shall have the right of partial custody each Christmas season from December 24 at noon through December 25 at noon. The Father shall have the right of custody of the children from December 25 at noon through December 26 at noon. In odd numbered years, such as 2005, the Father shall have the right of custody with the children from December 24 at noon through December 25 at noon. And the Mother shall have the right of custody with the children from December 25 at noon through December 26 at noon. MOTHER'S DAY AND FATHER'S DAY: Mother shall always have the right of partial custody on Mother's Day. Father shall always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised from 9 a.m. until 7 p.m. IF FATHER WORKS ON HIS HOLIDAY: Because the Father does work on Holidays sometimes, he may work on one of the holidays in his alternating schedule. If that occurs, then he can have an extra day during the week in which the holiday falls- and hP shall give the Mother 238091200251 noticP of that fart HOLIDAYS A PRIORITY: The periods of partial custody for holidays, vacations, or other special -5- days set forth in this Order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this Order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations. TRANSPORTATION: Unless otherwise provided for in this Order, transportation of the children shall be shared by the parties, with the parent who is relinquishing custody to the other parent at the time of exchange to provide for transportation by taking the children to the residence of the other parent. At all times, the children shall be secured in appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages prior to transporting the children or be under the influence of any alcoholic beverages while transporting the children. CUSTODY WORKSHOP: The parties are hereby directed to participate in, and successfully complete parenting skills training, consisting II - e,, id FFirst custody workshop, 238091250201 which is provided at Farnily-Child- Reisou-1-- I K?rmational pamphlets have been given to the parties. The parties shall contact Family-Child Resources at (717) 757- 1227 within ten (10) days of the date of this Order. The parties shall obtain a -6- certificate of successful completion of the training, and shall file their certificates of completion with the Prothonotary within ninety (90) days of the date of this Order. EXTRACURRICULAR ACTIVITIES: The parties shall provide each other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. The parties shall agree to honor and participate in the activities that a child wishes to engage in. During the times that the parties have custody of the child, they will make certain that the child attends any extracurricular activities. The parties are directed to be supportive of the activities and will transport the child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the child is able to participate in those events. Neither party, however, shall commit a child to any activity unless the child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon the child maintaining passing grades in school. Neither party shall commit a child to activities that fall on another party's period of custody, without the consent of that-paft consent shall not be 2507 unreasonably withheld. If a child is involvQri in an activity which occ r 'na another party's period of custody, both parties shall cooperate in providing transportation of the child to the activity. However, the custodial party shall not be -7- required to take a child to that activity if the custodial party and child are out of town during that activity, for a previously scheduled vacation. In the event that the custodial party is unable to deliver a child to the particular activity, the party who has custody of the child at that time shall notify the noncustodial party, who shall be entitled to pick up and deliver the child to the designated activity. The custodial party shall make certain that the child is ready for pickup in time sufficient to enable the child to timely attend the activity. TELEPHONE CALLS: The parties are expected to use common sense in scheduling telephone calls to talk to the children. The parties are hereby directed to refrain from preventing the party who may be calling from talking to a child, or preventing a child from calling the other party, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt a child's schedule. Phone calls initiated by a party should be kept to a maximum of twenty minutes, and a maximum of three (3) phone calls per week. DISPARAGING REMARKS: The parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children -8- and the other party. No party shall do nor shall either party permit any third person to do or say anything which may estrange a child from the other party, their spouse or relatives, or injure a child's opinion of the other party or which may hamper the free and natural development of a child's love and respect for the other party. No party shall use a child to convey verbal messages to the other party about the custody situation or changes in the custody schedule. FINANCIAL CARE OF CHILDREN: In the event that a significant matter arises with respect to the medical care, education, or financial care of the children, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either party. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the children's education and social adjustments. Each party is directed to 1?2er informed of his or her of the children and the custody situation. Each party shall supply the name, address and phone numbers of any persons in whose care the children will be in for a period -9- in excess of seventy-two (72) hours, and for each person or entity which may provide day care for a child, excluding current day care providers, relatives, or public institutions. ILLNESS OF CHILDREN: Emergency decisions regarding the children shall be made by the party then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other party can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines the child to bed in for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. WELFARE OF CHILDREN TO BE CONSIDERED: The welfare and convenience of the children shall be the prime consideration of the parties in any application eons of this order. The addressing the custodial schedule, any changes to the schedule, and any other parenting issues. -10- MODIFICATION OF ORDER: The parties are free to modify the terms of this Order but in order to do so the Court makes it clear that all parties must be in complete agreement to any new terms. That means all parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. In the event that one or the other does not consent to a change, that does not mean each follows your own idea as to what you think the arrangements should be. The reason this Court Order is set out in detail is so both parties have it to refer to and to govern your relationship with the children and with each other in the event of a disagreement. We direct that copies of this Order be sent to counsel for the parties who are represented as follows: Bradley A. Winnick, Esquire for Plaintiff/Father; Amy J. Phillips, Esquire for Defendant/Mother. 23 OURT, Common Pleas of York County, Pennsylvania this ,- day of -" ilae,= A. D. 20L?L ?T Pamela S. Lee, Prothonotary RICHARD K. RENN, JUDGE -11- hJ 9-1 CD _ -D J ? ALLEN C. BROWN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1124 CHERI CLAPP, : CIVIL ACTION - LAW Defendant : IN CUSTODY NOTICE TO: Cheri Clapp 212 South Hanover Street, Apt. 1 Carlisle, PA 17013 1. A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a Court of this Commonwealth; 2. A hearing to contest the validity of the registered determination must be !1 requested within 20 days after service of notice; and 3. Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted. SAIDIS, FLOWER & LINDSAY Marylo atas, Esquire Attorney d. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FLOWER & LIlVDS" 26 West High Street Carlisle, PA Co tom' ,4. . t, ALLEN C. BROWN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1124 CIVIL ACTION - LAW CHERI CLAPP, Defendant : IN CUSTODY STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between ALLEN C. BROWN (hereinafter referred to as "Father") and CHERI CLAPP (hereinafter referred to as "Mother") WHEREAS, the parties are the natural parents of the following three (3) children: Darius Brown, born May 1, 1998; Christopher Brown, born August 24, 2000; and Maria Brown, born December 12, 2002; WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their children; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: 1.) Joint Legal Custody. Mother and Father shall exercise shared legal custody of IS, ? ?WERR & LINDSAY •u 26 West High Street Carlisle, PA the children. 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 this paragraph each parent shall be entitled to all records and information pertaining to the children including, but not limited to, school and medical records and information. 1 2.) Physical Custody. Mother and Father shall share physical custody equally, by alternating custody of the children on a weekly basis. Custody exchanges shall occur on Fridays, after school or at 3:30 p.m. in the summer or on days off from school. 3.) Vacation. Each parent shall be entitled to take at least two (2) non-consecutive vacations with the children, each vacation period to extend for seven (7) days. Said vacation should begin on a parent's regularly scheduled period of custody. The vacationing parent shall provide thirty (30) days notice of the requested vacation time to the other parent. If both parents have chosen the same time for vacation, the first parent to have chosen the time shall prevail. 4.) Alternate Holidays: Each parent shall also have the right of partial custody on alternate holidays throughout the year the holidays being: Memorial Day, the Independence Day holiday, and Labor Day. Custody on these holidays shall be exercised from 9:00a.m. until 7:00 p.m. with Father to have custody on the first holiday, that being the New Year's Day holiday. The parties shall alternate custody on alternate holidays thereafter. In the event that a parent who would otherwise have custody of the children during a weekend which immediately precedes or follows one of the alternating holidays on which that same parent would also have custody, the parent need not relinquish custody until the conclusion of the entire three day period. a. Thanksaivine: In odd numbered years, the children shall CIS & L *4DSAY 26 West High Street Carlisle, PA spend Thanksgiving Day from 7:00 p.m. the Wednesday prior to Thanksgiving until 7:00 p.m. Thanksgiving Day with Father. In even numbered years, the children shall spend Thanksgiving from 7:00 p.m. Wednesday prior to Thanksgiving until 7:00 p.m. with Mother. The balance of the Thanksgiving holiday is defined as the period of time from 7:00 pm. Thanksgiving Day until 7:00 pm. the Sunday following Thanksgiving. In odd numbered years, Mother shall have partial custody of the children, and in even numbered years, Father shall have partial custody of the children. b.) Christmas: In odd numbered years, Mother shall have custody of the children from 8:00 p.m. on December 24`h until 8:00 p.m, on Christmas Day, and Father shall have custody of the children from 8:00 pm on Christmas Day until 8:00 pm. on December 28 h . In even numbered years, Father shall custody of the children from 8:00 pm. on December 24"' until 8:00 p.m. on Christmas Day, and Mother shall have custody from 8:00 p.m. Christmas Day until 8:00 p.m. on December 28`h. C.) Mother's Day/Father's Day: Mother shall always have the right of partial custody on Mother's Day. Father shall always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised from 9:00 in the morning until 7:00 in the evening. d.) Holidays a priority: The periods of partial custody for holiday, vacations, or other special days set forth in this order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this Order. Holidays and other special days for custody set forth in this order shall take precedence over vacations. 5) Transportation: Unless otherwise provided for in this Order, transportation of the SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA children shall be shared by the parties, with the parent who is to receive custody at the time of exchange to provide for transportation from the residence of the other parent, or school if the children are being picked up from school directly. At all times, the children shall be secured in appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages prior to transporting the children. No person transporting the children shall be under the influence of any alcoholic beverages while transporting the children. 6.) Illness of Children. Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the children shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so that the other parent can become involved in the decision making process as soon as practical. It is the responsibility of the parent in custody to take the child to the physician, dentist or other healthcare provider and to make payment for any necessary out of pocket or uninsured co-pay and prescription required at the time of the visit. The term "serious illness" as used herein shall mean any disability which confines the children to bed for a period in excess of seventy-two (72) hours and which places the children under the direction of a licensed physician. 7.) Smoke/Drink/Illeeal Substances: No party shall smoke in any part of a confined area with the children present and neither party shall permit another person to smoke in any part of a confined area with the children present. No parry shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the children, and no party shall be under the influence of illegal substances when in the presence of the children. 8.) Disparaging Remarks. Neither parent shall do anything which may estrange the children from the other party, injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love and affection for the other party. 10.) Modification of the Order. Any modification or waiver of any of the provisions of SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 11.) The parties desire that this Stipulation and Agreement be made an Order of Court of 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 of the parties' minor children. 12.) The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 13.) The parties acknowledge that they have read and understand the provisions of this Agreement. 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 forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: b%-- C- ALLEN C. BROWN CHERI CLAPP SAIDIS, FLOWER & L94DSAY 26 West High Street Carlisle, PA AI COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On this, thecZ5 day of , 2008, before me, the undersigned officer personally appeared ALLEN C. 4to me (or satisfactorily proven) to be the person whose name is subscribed to the wi in instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I have hereunto set my hand and official seal. . . . . . . . . . . . . . . . . . . .. ? ,TAM& ?NOt11R1I?Ptl9FRtlC CARME MY COMMISS0 EXPIRES JA I010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On this, the I Ce day of J u1 , 2008, before me, the undersigned officer personally appeared CHERI CLAPP, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DARCIE A. NEIL, Notary Public Boro of Carlisle, Cumberland County My Commission Explre6 f4ft., 0, 200 SAMIS, FWVVERR & LINDSAY 26 West High Street Carlisle, PA Itij -L-J (SEAL) Title of Officer )? S r.,a Tl r-- ? . rk 1 i SAMIS, FLOWER & LINDSAY ATr0ZqErWT- 26 West High Street Carlisle, PA ALLEN C. BROWN, Plaintiff V. CHERI CLAPP, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1124 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 31 day of \JA , 2008, the attached Stipulation and Agreement for Custody is hereby made Order of Court. J. J! u s. 4 -, ar ALLEN C. BROWN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAW C__ _ s V' r`'x 2008-1124 CIVIL ACTION LAW N rte, •... CHERI CLAPP IN CUSTODY :M DEFENDAN T ORDER OF COURT AND NOW, Monday, January 23, 2012 , 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 MDJ Office, 1901 State St., Camp Hill, PA 17011 _ on _ Friday, February 10, 2012 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. Gree Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?CopY .ma rG Pd 1? olc?? ?CvP ,?yl?il Par ?f fy C-7,-eeV - C'on?'? ??o or ?/A 312 10* r N FA\FILES\('Iients\14614 Brmn, A\14614. Lpral Revised: 1/9/12 10 13AM Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Jennifer L. Spears, Esquire ,r MARTSON DEADORFF WILLIAMS OTTO GILROY & Ft? --? PEA 3'? MARTSON LAW OFFICES I.D. 87445 CUMBERLAND PI? A?? 10 East High. Street pENNSYLVA ALLEN C. BROWN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-1124 CIVIL ACTION - LAW CHERI CLAPP, Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw the appearance of Marylou Matas, Esquire, SAIDIS SULLIVAN & ROGERS. on behalf of Plaintiff, Allen C. Brown, in the above-captioned matter. SAIDIS SULLIVAN& ROGERS ' ,?Gt. /'f Cv'ti? By_ L Maryl Mkt s, Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 Date: Attorneys for Plaintiff Enter the appearance of MARTSON LAW OFFICES on behalf of Plaintiff, Allen C. Brown, in the above-captioned matter. MARTSON LAW OFFICES By_ I / Y?o Jennifer pears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 3 Z(j 1 'Z Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tr:icia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Marylou Matas, Esquire SAIDIS SULLIVAN & ROGERS 26 West High Street Carlisle, PA 17013 Ms. Cheri Clapp 212 South Hanover Street Apt. A Carlisle, PA 17013 Ms. Cheri Clapp 18 Winchester Gardens Carlisle, PA 17013 MARTSON LAW OFFICES By C Tri is D. Ec nroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 6, 2012 ALLEN C. BROWN, Plaintiff V. CHERI CLAPP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1124 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Defendant ORDER OF COURT A h ring is sched in Courtroom Number fo of the Cumberland .,County Courthouse, on the day of Ilzd 2012, at : o'clock r M., at which time testimony ill be taken. Tor he urposes of the hearing, the Father, Allen C. Brown, shall be deemed t be the moving party an 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 exhibits, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness and a proposed Order. These memoranda, lists of exhibits, lists of witnesses and summaries of anticipated testimony of each witness shall be filed at least twenty days prior to the hearing date. ? -F? :D BY THE Cc 00U t: ) J. Th s A. Placey Dist: Common Pleas Jv, .Jennifer L. Spears, Esquire, 10 East High Street, Carlisle, PA 17013 a ^? Jane Adams, Esquire, 17 West South Street, Carlisle, PA 17013 -v3 = i - c? =? r- ? v z - r7 cn Q , --4 C 3 ALLEN C. BROWN, Plaintiff V. CHERI CLAPP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1124 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 YEAR OF BIRTH CURRENTLY IN THE CUSTODY OF Darius Brown May 1, 1998 Mother and Father Christopher Brown August 24, 2000 Mother and Father Maria Brown December 12, 2002 Mother and Father 2. Father filed a Petition to Modify Custody on January 12, 2012. A Custody Conciliation Conference was held on February 17, 2012. Present for the Conference were: the Father, Allen C. Brown and his counsel, Jennifer Spears, Esquire; the Mother, Cheri Clapp, and her counsel, Jane Adams, Esquire. Judge Bayley signed the prior Order in this matter. 3. Father's position is as follows: Father seeks primary custody of the children because of his concerns regarding the cleanliness, stability and suitability of the living arrangements with Mother. Father reports that Mother has moved from the home she shares with her husband to a residence with her boyfriend, Spencer Binkley. Among Father's numerous concerns, Father complains that she does not follow through with vaccinations in a timely fashion, fails to communicate with him regarding the children's education and extracurricular activities, and has not adequately addressed declining grades. Father proposes an alternating weekend custodial schedule of partial custody for Mother. Father resides in Boiling Springs with his wife, three children subject to this Order and two children to his current marriage. Father is a Pennsylvania State Trooper and serves in the National Guard. Father's shifts vary within a given work week. However, he has two weeks advance notice of the shifts and days that he is assigned to work. 4. Mother's position is as follows: Mother reports that Father was aware that the children were spending time with her at her new boyfriend's home. However, she denies that she is actually residing with the new boyfriend. Mother does confirm that she intends to move into a townhome with the boyfriend toward the end of this month. She reports the home where she will reside on Chestnut Avenue has three bedrooms and two and a half baths. The home is in the Carlisle Area School District. NO. 2008-1124 CIVIL TERM Mother works from 11:00 a.m. to 2:00 p.m. at Middlesex Elementary School in the lunch room. She also works Saturday nights from 6:30 p.m. until closing at a local bar known as Alibi's. Mother strongly disagrees with Father's proposed change to the equally shared custodial arrangement which they have been following as a result of the Stipulation and Order entered without hearing on July 31, 2008. _ 4-1? (a-j Da4e Melissa Peel Greevy, Esquire Custody Conciliator :482676 c?121? 1? 28 PH 1:22 ATTORNEY FOR PLAINTIFF C Uhf 8 F P, L A ?i D G L; U j O ALLEN C. BROWN : IN THt_t6tJft OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 No.: 1124-2008 CHERI CLAPP Defendant : CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of NATHAN C. WOLF, ESQUIRE, as attorney for the Defendant, CHERI CLAPP, in the above-captioned matter. Respectfully WOLF & V0 Dated: March 28, 2012 BY: Natha Wolf, Esquire 10 Wet igh Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF ALLEN C. BROWN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHERI CLAPP No.: 1124-2008 Defendant :CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Defendant, do hereby certify that this date, I have served a copy of the foregoing Entry of Appearance upon the following party by United States Mail, addressed as follows: Jennifer L. Spears, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Respectfully submitted, WOLF & WOLF Date: March ?d , 2012 By; Nathan . olf, Esquire ALLEN C. BROWN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Docket No.: 1124-2008 CHERI CLAPP . Defendant : IN CUSTODY ORDER OF COURT AND NOW this day of , 2012, upon consideration of the attached Motion, it is hereby ord tadA at the Custody Hearing s6edu/l?ed for Monday, May 7, 2012 at 1:15 p.m., be continued to 12- 'at - A .m. in Courtroom 6 of the Cumberland County Courthouse. Distribution: ? Jennifer L. Spears, Esquire For the Plaintiff r ? _ M ? Nathan C. Wolf, Esquire U) For the Defendant ALLEN C. BROWN Plaintiff v. CHERI CLAPP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Docket No.: 1124-2008 : IN CUSTODY ORDER OF COURT 'i0- AND NOW this day of , 2012, upon consideration of the communication received fro counsel for the respectie parties in this action, and the Court acknowledging that the Plaintiff wishes to withdraw the petition to modify custody filed January 12, 2012, and noting that there is no objection by the Defendant, the petition shall be deemed WITHDRAWN and the hearing scheduled for May 16, 2012 at 9:30 a.m. in Courtroom 6 of the Cumberland County Courthouse is hereby CANCELLED. The parties shall comply with the existing Custody Order unless modified by written agreement or further court order. Thomas A. cey, C.P.J. Distribution: ? Jennifer L. Spears, Esquire For the Plaintiff ? Nathan C Wolf Esquire , . For the Defendant " :a -? -<A 0 ID ivxc? led o t Z:C) C4, 4 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF, ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT ALLEN C. BROWN Plaintiff V. CHERI CLAPP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : Docket No.: 2008 -1124 : IN CUSTODY SUPPLEMENTAL WITNESS STATEMENT NOW COMES the Defendant, Cheri Clapp, by and through her counsel, Nathan C. Wolf, Esquire, and sets forth the following supplemental witness statement averring as follows: 1. Mother's Supplemental Witness List and Summary of Expected Testimony In Camera Witnesses - Darius Brown (Age 14) Will testify as to his relationship with each of his parents and their significant others, and will be able to explain his observations of the households and express his position on the current custody situation, and will be able to provide insight as to his academic performance. Christopher Brown (Age 11) Will testify as to his relationship with his parents and their significant others, and will be able to explain his observations of the households and express his position on the current custody situation. ***Unless directed to the contrary by the Court, Mother will arrange for the children to be transported from their schools to the Courthouse at 11:45 a.m. so that the children will miss as little of their school day as possible. The children attend Carlisle schools and can be picked up immediately prior to their testimony. *** C6 Maria Brown (Age 9) - Offered only if requested by Court This child's testimony will not be offered unless requested by the Court due to her age. Mother continues to reserve the right to supplement this witness list as necessary prior to trial. Respectfully submitted, WOLF & W (?0, Attorneys at Law Dated: May 4, 2012 By: Na n olf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant =rl e-i C'-) E S CG N r-? G-i C-J