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HomeMy WebLinkAbout04-0597MARYANN DYARMAN, Plaintiff V. RUSSELL CLAVEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. o q- 591 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Maryann Dyarman, an adult individual currently residing at 201 Campground Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Russell Clavey, an adult individual currently residing at 156 Conodoguinet Mobile Estates, Newville, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (1) child, namely, Dakota Shopp, born November 2, 1999. The child was born out of wedlock. 4. For the past five (5) years , or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS DATES Plaintiff 201 Campground Road Birth to Maternal Grandfather Carlisle, PA January 2000 Maternal Great-Grandmother Maternal Uncle Maria Shopp Stacy Shopp Plaintiff 53 Subdivision Road January 2000 to Seth Dyarman Newville, PA December 2002 Maria Shopp Stacy Shopp NAME Plaintiff Maternal Grandfather Maternal Great-Grandmother Maternal Uncle Maria Shopp Stacy Shopp Defendant Paternal Grandmother ADDRESS 201 Campground Road Carlisle, PA 156 Conodoguinet Mobile Estates Newville, PA DATES December 2002 March 2003 March 2003 to Present The natural mother of the child is Maryann Dyarman who resides as aforesaid. She is married. The natural father of the child is Russell Clavey who resides as aforesaid. He is single. 5. 6. 7 The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides her father, Roy Shopp, and her minor children, Maria Shopp, Stacy Shopp, and Christopher Dyarman. The relationship of the Defendant to the child is that of natural father. Defendant currently resides with the child at issue and his mother, Mary Jo Vonwittenburg. Plaintiff has participated as a party or witness, or in another capacity in other litigation, concerning custody of the child, which litigation is referenced as "In the matter of Dakota Shopp, Juvenile No. 34 of 200311, in the court of Common Pleas of Cumberland County, Pennsylvania, which has an Order entered regarding custody that was entered on October 6, 2003, a copy of which is attached hereto and incorporated here by reference as Exhibit "A." 8. Contemporaneously with the filing of the within Complaint, Plaintiff filed a Petition for Special Relief requesting that the Order of Court dated October 6, 2003, be enforced as a custody Order. 9. Plaintiff has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. 10. It is in the best interest and permanent welfare of the child to grant the relief requested because: a) Plaintiff has been and continues to be a custodian for the parties' child from the time of his birth through present; b) Plaintiff is capable for providing the financial, physical and emotional needs of the child; C) Plaintiff desires for the terms of the prior Order dated October 6, 2003, to be followed as previously agreed. 11. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time she should be granted partial physical custody of the child. Respectfully submitted, 4 M o atas, Esquire Attorney or Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 unworn falsifications to authorities. DATE: 43 6 MARY DY R)ftAN, Plaintiff Imt1ku rnxAs 60e,01 4 ZW4)4,j IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF Dakota Shopp CUMBERLAND COUNTY, PENNSYLVANIA BORN 11-2-99 A DEPENDENT JUVENILE JUVENILE NO: 34 of 2003 ORDER OF COURT AND NOW, this `x day of ?litut!°t 2003, upon hearing of the above Master's Report, it is hereby ordered and directed that: findings, recommendation, and report of the Master are approved. Recommendations of the Master are modified as follows: EXHIBIT IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF Dakota Shopp CUMBERLAND COUNTY, PENNSYLVANIA BORN 11-2-99 A DEPENDENT JUVENILE JUVENILE NO: 34 of 2003 MASTER'S REPORT TO THE HONORABLE, THE JUDGE OF SAID COURT: James D. Flower, Jr., Esquire, Master, appointed by your Honorable Court to conduct a formal hearing of the placement of the above-named juvenile, respectfully reports: A formal hearing of the status of the placement of the above-named juvenile was held on September 19, 2003. Written r,)tice of the said hearing was provided to the following by ordinary mail on Sep, amber 3, 2003. [ X ] the child (if age appropriate) [ X] the child's parents [XI counsel for the child (Jacqueline Verney, Esquire) [ ] others: Appearances: For the Agency, Leslie Bink and Wendy Lautsbaugh; Jacqueline Verney, Esquire for the juvenile; Marylou Matas, Esquire for the mother; Jane Adams, Esquire for the child's father; the child's father Russell Clavey; the child's maternal great grandmother Mary Jo Vonwittenburg; the child's mother Mary Ann Dyarman; the child's maternal grandfather Roy Shopp, Sr. I. Findings of Fact 1. The child's age -- 3; race -- Caucasian; sex -- Male. 2. The child was adjudicated dependent on March 12, 2003. 2 3. The reasons which necessitated court placement: The child's mother had not properly supervised him, and he repeatedly got out of the house and into the street. 4. The child's placement status immediately prior to this permanency hearing is in the care of his father Russell! Clavey and paternal great grandmother Mary Jo Vonwittenburg; the child has been in said placement for 0 years and 6 months. 5. The child has been in placement outside of his natural home for a period of 0 years and 6 months. 6. The services being provided to the child and parents are: TIPS Parenting Program for both parents, psychiatric evaluation for mother. 7. The views of the child (X ) WERE ( ) WERE NOT sought regarding the case goals and service objectives. If not, why? 8. Obstacles which may hinder or prevent the attainment of the established goals for the return of the child to his home or other 1'icement objectives are: None If. Conclusions L The child is safe. 2. It is necessary for the child to continue placement in his father's care. 3. The child's placement is (x) APPROPRIATE () NOT APPROPRIATE as noted in comment section. 4. According to information presented at this permanency hearing, the parties ( X) ARE ( ) ARE NOT in compliance with the Permanency Plan as noted in comment section. 5. According to information presented at this permanency hearing, the parties (X ) ARE ( ) ARE NOT making progress toward alleviating the circumstances which necessitated placement as noted in comment. section. 6. The goal for the child is: [ X ] Return home 3 [ ] Adoption [ ] Placement with a permanent legal custodian [ ] Another planned placement that is intended to be permanent 7. None of the goals listed in #5 above are appropriate and feasible in that 8. A likely date by which the above goal for the child might be achieved is Non-Applicable. [ ] 9. If the child is 16 years of age or older, and is being transitioned for independent living, the Independent Living Plan, which is a part of the Placement Permanency Plan, contains the services needed to assist the transition and is approved by the Court. [ ] 10. The child has been in placement for at least 15 of the last 22 months. [ ] 11. Parents parental rights have already been terminated. [ ] 12. The Agency has filed or sought to join a Petition to Terminate Parental ?ghts and to identify, recruit, process and approve a qualified family to opt the child. [ ] 13. Efforts to Terminate Parental Rights are not appropriate due the following compelling reasons: [ ] 14. It has been determined that Aggravated Circumstances with respect to the child exist and that reasonable efforts to return the child home or to preserve and/or reunify the family should or should not be made. III. Recommendations 1. The following order of disposition is recommended as being best suited to the protection and physical, mental, and moral welfare of the child: [ x ]...a. The child shall remain in the care of his father. [ ]...b. (1) The child shall be placed for adoption and the Agency shall file for the Termination of Parental Rights if parental rights have not already been terminated; or 4 [ ]...b. (2) The child will be placed in another living arrangement intended to be permanent in nature, approved by the Court and which is as follows: [ ] Placement with a permanent legal custodian [ ] Another planned placement that is intended to be permanent [ ]...c. (1) The child is to be returned to parents on: [ ]...c. (2) The child is to be returned to guardian on: [ ]... c. (3) The child is to be returned to other custodian (relationship) on [ ] d. (1) A determination is made that Aggravated Circumstances with respect to the child exists and that reasonable efforts to return the child home or to preserve and/or reunify the family should be made. [ ] d. (2) A determination is made that Aggravated Circumstances with respect to the c "d exists and that reasonable efforts to return the child home or to preserve an( -)r reunify the family should not be made. [ ] d. (3) A k termination is made that Aggravated Circumstances with respect to the child loes not exist and that reasonable efforts to return the child home or to preserve should continue. [x] ... e. The Permanency Plan was reviewed to examine the progress, or lack of, being 'made by the family, and to determine the appropriateness of the services offered, and the existing goals and objectives. It is determined that: [ x ] The Plan is appropriate and no changes are needed [ ] Services to the parents are no longer required [ ] Revisions are needed in the: [ ] Objectives (see comments below) [ ] Services (see comments below) [ ] Goal (see comments below) [ ] Placement Status [ x ]...f. Reasonable efforts: [ x] are being made to preserve and reunify the family and for the child to safely return home [ ] are being made to place the child in a timely manner in accordance with the 5 Permanency Plan, and to complete whatever steps are necessary to finalize the permanent placement of the child. [ j...g. Placement outside of the home continues to be best suited to the safety, protection, and physical, mental and moral welfare of the child. [ ]... h. OTHER: 2. The next scheduled hearing on this case is to be held no later than Not Applicable. 3. Comments: This hearing concerns Dakota Shopp who is three years old, and was placed from his mother's home after repeatedly getting out of the house and into the street, at one point jogging down the center line of the highway. He has been in the home of his father and paternal great grandmother and is generally doing well there. There was an occasion when the paternal great grandmother spanked him and she assures us that she will not do that again. Both parents have attended the TIPS Parenting Program. The child's father intends to enroll him at the Steven's Center for Play Therapy and he is attending Head Start and enjoys that very much. With the agre ..ant of all concerned, it is recommended that the child be discharged from the care and custody of Cumberland County Children and Youth Services and placed in the primary custody of his father. It is recommended that dependency be terminated. It is recommended that the child have visits with his mother on alternating weekends from 6:00 p.m. on Friday to 6:00 p.m. on Sunday. Dakota should be supervised in his mother's home by his mother, his paternal grandfather or another responsible adult. The parents believe they can work out additional visitation over the summer and on holidays, and consequently this is not specified. Respectfully submitted, mes D. 1=lower, Jr., Esquire Master 6 ?' ca - o T is r 7N r ? o _ Ty o V Z -n ` t ;rn 1 i? MARYANN DYARMAN, Plaintiff/Petitioner V. RUSSELL CLAVEY Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes Petitioner, Maryann Dyarman, by and through her counsel of record, Marylou Matas, Esquire, and petitions the Court as follows: 1. Petitioner is the above named Plaintiff, Maryann Dyarman, an adult individual currently residing at 201 Campground Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is the above named Defendant, Russell Clavey, an adult individual currently residing at 156 Conodoguinet Mobile Estates, Newville, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (1) child, namely, Dakota Shopp, born November 2, 1999. 4. Contemporaneously with the filing of this Petition for Special Relief, Petitioner has filed a Complaint for Custody requesting periods of partial custody of the child at issue. 5. The child was adjudicated a dependent on March 12, 2003, at which time the child was placed in the primary custody of his father. 6. By Order of Court dated October 6, 2003, the juvenile child was discharged from the care and custody of Cumberland County Children and Youth Services and placed in the primary custody his father and dependency was terminated, a copy of said Order being attached hereto and incorporated herein by reference as Exhibit "A" 7. The Order of Court dated October 6, 2003, included a provision for Petitioner to exercise custody on alternating weekends from 6:00 p.m. on Friday to 6:00 p.m. on Sunday. 8. Since the entry of the aforesaid Order, Respondent has failed and refused to allow Petitioner to exercise her periods of custody as outlined. 9. It is believed that Respondent may question the enforceability of the aforesaid Order with regard to the custody provisions. 10. Petitioner requests that the Court enter a temporary custody Order incorporating the terms of physical custody as outlined in the Order of Court dated October 6, 2003, pending a custody conciliation conference and further Order of Court. 11. Without a temporary custody Order, such as is being requested herein, Petitioner believes that Respondent will continue to fail and refuse to provide Petitioner with her periods of partial custody as outlined above. WHEREFORE, Petitioner requests your Honorable Court to enter a temporary Order providing for the parties to share legal custody of the child, Dakota Shopp, placing the child in the primary custody of Respondent and awarding periods of partial custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. to Petitioner. Respectfully submitted, L-J4 J Mar)?tdyi Vatas, Esquire Attorne or Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: 30 0 ? G MARY DYA AN, Plaintiff /MtyL,4 lnx , s ar,ltz-14 !?4.,j IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF Dakota Shopp CUMBERLAND COUNTY, PENNSYLVANIA BORN 11-2-99 A DEPENDENT JUVENILE JUVENILE NO: 34 of 2003 ORDER OF COURT AND NOW, this day of 2003, upon hearing of the above Master's Report, it is hereby ordered and directed that: L, ndings, recommendation, and report of the Master are approved. Recommendations of the Master are modified as follows: J. y EXHIBIT 9 ?- IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF Dakota Shopp CUMBERLAND COUNTY, PENNSYLVANIA BORN 11-2-99 A DEPENDENT JUVENILE JUVENILE NO: 34 of 2003 MASTER'S REPORT TO THE HONORABLE, THE JUDGE OF SAID COURT: James D. Flower, Jr., Esquire, Master, appointed by your Honorable Court to conduct a formal hearing of the placement of the above-named juvenile, respectfully reports: A formal hearing of the status of the placement of the above-named juvenile was held on September 19, 2003. Written r otice of the said hearing was provided to the following by ordinary mail on September 3, 2003. [ X j the child (if age appropriate) [ Xj the child's parents [X1 counsel for the child (Jacqueline Verney, Esquire) [ ] others: Appearances: For the Agency, Leslie Bink and Wendy Lautsbaugh; Jacqueline Verney, Esquire for the juvenile; Marylou Matas, Esquire for the mother; Jane Adams, Esquire for the child's father; the child's father Russell Clavey; the child's maternal great grandmother Mary Jo Vonwittenburg; the child's mother Mary Ann Dyarman; the child's maternal grandfather Roy Shopp, Sr. 1. Findings of Fact 1. The child's age -- 3; race -- Caucasian; sex -- Male. 2. The child was adjudicated dependent on March 12, 2003. 2 3. The reasons which necessitated court placement: The child's mother had not properly supervised him, and he repeatedly got out of the house and into the street. 4. The child's placement status immediately prior to this permanency hearing is in the care of his father Russell Clavey and paternal great grandmother Mary Jo Vonwittenburg; the child has been in said placement for 0 years and 6 months. 5. The child has been in placement outside of his natural home for a period of 0 years and 6 months. 6. The services being provided to the child and parents are: TIPS Parenting Program for both parents, psychiatric evaluation for mother. 7. The views of the child (X ) WERE ( ) WERE NOT sought regarding the case goals and service objectives. If not, why? 8. Obstacles which may hinder or prevent the attainment of the established goals for the return of the child to his home or other Elacement objectives are: None Il. Conclusions 1. The child is safe. 2. It is necessary for the child to continue placement in his father's care. 3. The child's placement is (x) APPROPRIATE () NOT APPROPRIATE as noted in comment section. 4. According to information presented at this permanency hearing, the parties ( X) ARE ( ) ARE NOT in compliance with the Permanency Plan as noted in comment section. 5. According to information presented at this permanency hearing, the parties (X ) ARE ( ) ARE NOT making progress toward alleviating the circumstances which necessitated placement as noted in comment section. 6. The goal for the child is: [ X I Return home 3 [ ] Adoption [ ] Placement with a permanent legal custodian [ ] Another planned placement that is intended to be permanent that 7. None of the goals listed in #5 above are appropriate and feasible in 8. A likely date by which the above goal for the child might be achieved is Non-Applicable. [ ] 9. If the child is 16 years of age or older, and is being transitioned for independent living, the Independent Living Plan, which is a part of the Placement Permanency Plan, contains the services needed to assist the transition and is approved by the Court. (] 10. The child has been in placement for at least 15 of the last 22 months. [ ] 11. Parents parental rights have already been terminated. [ ] 12. The Agency has filed or sought to join a Petition to Terminate Parental ?ghts and to identify, recruit, process and approve a qualified family to opt the child. [ ] 13. Efforts to Terminate Parental Rights are not appropriate due the following compelling reasons: [ ] 14. It has been determined that Aggravated Circumstances with respect to the child exist and that reasonable efforts to return the child home or to preserve and/or reunify the family should or should not be made. III. Recommendations 1. The following order of disposition is recommended as being best suited to the protection and physical, mental, and moral welfare of the child: [x] ... a. The child shall remain in the care of his father. [ ]...b. (1) The child shall be placed for adoption and the Agency shall file for the Termination of Parental Rights if parental rights have not already been terminated; or 4 [ ]...b. (2) The child will be placed in another living arrangement intended to be permanent in nature, approved by the Court and which is as follows: [ ] Placement with a permanent legal custodian [ ] Another planned placement that is intended to be permanent [ ]...c. (1) The child is to be returned to parents on: [ ]...c. (2) The child is to be returned to guardian on: [ ]...c. (3) The child is to be returned to other custodian (relationship) on [ ] d. (1) A determination is made that Aggravated Circumstances with respect to the child exists and that reasonable efforts to return the child home or to preserve and/or reunify the family should be made. [ ] d. (2) A determination is made that Aggravated Circumstances with respect to the c id exists and that reasonable efforts to return the child home or to preserve an( -)r reunify the family should not be made. [ ] d. (3) A k termination is made that Aggravated Circumstances with respect to the child loes not exist and that reasonable efforts to return the child home or to preserve should continue. [x] ... e. The Permanency Plan was reviewed to examine the progress, or lack of, being made by the family, and to determine the appropriateness of the services offered, and the existing goals and objectives. It is determined that: [ x ] The Plan is appropriate and no changes are needed [ ] Services to the parents are no longer required [ ] Revisions are needed in the: [ ] Objectives (see comments below) [ ] Services (see comments below) [ ] Goal (see comments below) [ ] Placement Status [x] ... f. Reasonable efforts: [ x] are being made to preserve and reunify the family and for the child to safely return home [ ] are being made to place the child in a timely manner in accordance with the 5 Permanency Plan, and to complete whatever steps are necessary to finalize the permanent placement of the child. [ j•--g Placement outside of the home continues to be best suited to the safety, protection, and physical, mental and moral welfare of the child. [ j...h. OTHER: 2. The next scheduled hearing on this case is to be held no later than Not Applicable. 3. Comments: This hearing concerns Dakota Shopp who is three years old, and was placed from his mother's home after repeatedly getting out of the house and into the street, at one point jogging down the center line of the highway. He has been in the home of his father and paternal great grandmother and is generally doing well there. There was an occasion when the paternal great grandmother spanked him and she assures us that she will not do that again. Both parents have attended the TIPS Parenting Program. The child's father intends to enroll him at the Steven's Center for Play Therapy and he is attending Head Start and enjoys that very much. With the agre ..ent of all concerned, it is recommended that the child be discharged from the care and custody of Cumberland County Children and Youth Services and placed in the primary custody of his father. It is recommended that dependency be terminated. It is recommended that the child have visits with his mother on alternating weekends from 6:00 p.m. on Friday to 6:00 p.m. on Sunday. Dakota should be supervised in his mother's home by his mother, his paternal grandfather or another responsible adult. The parents believe they can work out additional visitation over the summer and on holidays, and consequently this is not specified. Respectfully submitted, mes D. Flower, Jr., Esquire Master 6 MARYANN DYARMAN, Plaintiff/Petitioner V. RUSSELL CLAVEY Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, hereby certify that I did, the -- LI day of YJV/itA 2004, cause a copy of Plaintiff/Petitioner's Petition for Special Relief to be served upon the following individual by first class mail, postage prepaid at the following address: Russell Clavey 156 Conodoguinet Mobile Estates Newville, PA 17241 DATE: 2111 /of Mary i Matas, Esquire Attorney for Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 r,') N C ' -' C7 7 ?, %? Lvl ?i ?a.? Tr MARYANN WARMAN : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSELL CLAVEY : NO. 2004-0597 CIVIL ORDER OF COURT AND NOW, this 121" day of FEBRUARY, 2004, it appears to the Court that the "Petition for Special Relief" seeks merely to enforce the terms of a prior order, thereby making it, in effect, a Petition for Contempt. It further appearing that the child is in no danger, this matter shall be addressed at the upcoming conciliation conference. Edward E. Guido, J. Marylou Matas, Esquire For the Petitioner Russell Clavey Pro Se :sld wlt I _ '1 ?? h????l ?' r? ?,,u^ . '.' 4'11 -? ?,,? ?? £7'h'???Z 11 J-? ?V MARYANN DYARMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-597 CIVIL ACTION LAW RUSSELL CLAVEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday February 24, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street Mechanicsburg, PA 17055 on Monday, March 22, 2004 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/ Dawn S. Sundae- Fsa ?- 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 hZ Z I:Y rZ Oj hul Ad 5r. C' AdTIOrOHJO'Uc' IHI 110 MARYANN DYARMAN, Plaintiff V. RUSSELL CLAVEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-597 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this Q day of March, 2004, comes Bradley L. Griffie, Esquire, counsel of record for Plaintiff, Maryann Dyarman, and states that a true and attested copy of a Complaint for Custody and related Order of Court dated February 24, 2004, was forwarded to Russell Clavey, at 156 Conodoguinet Mobile Estates, Newville, PA 17241, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on March 2, 2004. B }r i fie, Esquire torney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this 011t day of M.ar('? 2004 t OTA PUBLIC viol, ? USPS - Track & Confirm Page 1 of I Z UNITED ST13TES POSTAL SERVICE, Track & Confirm Shipment Details You entered 7003 1010 0001 1186 8407 Track & Confirm , Enter label number: Your item was delivered at 7:58 am on March 02, 2004 in NEWVILLE, PA 17241. Here is what happened earlier: Track & Confirm PACls ¦ NOTICE LEFT, February 28, 2004,11:31 am, NEWVILLE, PA 17241 Notification Options 1 Track & Confirm by email what is this? r°' r 0 S W .A Cc ra rq r-3 0 0 0 0 ra 0 r9 http://trkenfrtnI.smi.usps.com/netdata-cgi/db2www/cbd 243.d2w/detail 3/9/2004 ® POSTAL INSPECTORS site map contact us government services Preserving the Trust Copyright © 1999-2002 USPS. All Rights Reserved. Terms of Use Privacy Policy C) t (7 _ ?'? s '?'? -.. .? _ ? -,- rn .Si--? _ N ? J J ? T ? ???? ' -` ° Sri < ? N ?=` c ? MAR ? ?\1_ MARYANN DYARMAN, Plaintiff VS. RUSSELL CLAVEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-597 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, thisa day of /A ` W-ok , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Russell Clavey, and the Mother, Maryann Dyarman, shall have shared legal custody of Dakota Shopp, born November 2, 1999. The parties shall consult with each other in making all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Father shall have primary physical custody of the Child. 3. The Mother shall have partial physical custody of the Child on alternating weekends, beginning March 26, 2004, from Friday at 6:00 pm through Sunday at 6:00 pm. The Child shall be supervised in the Mother's home during these periods by the Mother, the paternal Grandfather, or another responsible adult. 4. Both parties shall have access to information concerning the Child's evaluation and treatment at the Stevenson Center, including any status reports or information and recommendations. 5. The parties and their counsel shall attend a custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday May 18, 2004, at 10:30 am for the purpose of reviewing the custody arrangements in light of the information, guidance and recommendations provided by the Stevenson Center. 6. 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. Unless it is specifically agreed otherwise between the parties, both parties shall strictly follow the custody schedule set forth in this Order. BY THE Guido J. cc: Hadley L. Griffie, Esquire - Counsel for Mother ?,l'ane Adams, Esquire - Counsel for Father ( as requested by Father) o3 -3 -0 y r??a "dIT?! n??d? ll?.-icy^Jf ?? y,;,1i1? ? ? ?$ by1? ? ? ???? h??2 J.ti?110 ??a?ll j ? ?0 MARYANN DYARMAN, Plaintiff VS. RUSSELL CLAVEY Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-597 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: follows: I. The pertinent information concerning the Child who is the subject of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dakota Shopp November 2, 1999 Father 2. A Conciliation Conference was held on March 22, 2004, with the following individuals in attendance: The Mother, Maryann Dyarman, with her counsel, Bradley L. Griffie, Esquire, and the Father, Russell Clavey, who was not represented by counsel at the conference. 3. This Court previously entered an Order in related dependency proceedings in this matter on October 6, 2003, under which the Child was to reside primarily with the Father and the Mother was granted periods of custody on alternating weekends. The Father terminated the partial custody schedule around Thanksgiving, 2003 and the Mother subsequently filed a Complaint for Custody and a Petition for Special Relief seeking to enforce the October 6, 2003 dependency Order as a custody Order. This Court referred the Mother's Petition for Special Relief to conciliation by Order dated February 19, 2004 to be addressed as a Petition for Contempt. 4. The parties agreed to entry of an Order in the form as attached. The Father requested that his copy of the Order be forwarded to his counsel in the dependency proceedings, Jane Adams, Esquire. Date, Dawn S. Sunday, Esquir Custody Conciliator JERRY DANYLUK 834 Acri Road Mechanicsburg, PA 17055 Plaintiff, V. John M. Lucidon, Jr. 1910 Spring Road Carlisle, PA 17013 and : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 03-597 CIVIL TERM Paradise Landscaping and Construction 1910 Spring Road Carlisle, PA 17013 Defendants PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW, comes Plaintiff, Jerry Danyluk, by and through his attorney, Daniel K. Natirboff, Esquire, and respectfully submits this Motion for Judgment on the Pleadings pursuant to Rule 1034 of the Pennsylvania Rules of Civil Procedure, and in support thereof avers as follows: 1. Plaintiff, Jerry Danyluk ("Danyluk" or "Plaintiff') resides at 834 Acri Road Mechanicsburg, Pennsylvania, 17055. 2. Defendant, John Lucidon, Jr., ("Lucidon") resides at 1910 Spring Road, Carlisle, PA, 17013 3. On March 13th Plaintiff served Defendant with a Complaint endorsed with a Notice to Defend in accordance with Pa. R. C. P. 1026. (See Sheriffs Return of Service attached and marked as "Exhibit A." In accordance with Rule 1026 Defendant was to serve a responsive pleading on or before. April 12th, 2003. 4. On or about April 2, 2002, John Lucidon, Jr., the Pro Se Defendant, served by First Class Mail a document titled "Objections to the Claims". 5. Defendant defective Pleading failed to conform to Pa. R. C. P. 1029(a) by: (a) failing to respond to any of the specific averments plead in Plaintiffs Complaint; (b) failing to admit or deny any specific averment; and (c) failing to refer specifically to the paragraph in which the averment admitted or denied is set forth. For example in paragraph 23 of Plaintiff s Complaint Plaintiff pleads the following: "Defendants defective construction has destroyed Plaintiffs already existing cedar wood fencing." Defendant's defective pleading states in paragraph 23: "Plaintiff is fully aware that he was not meeting codes. Defendant mentioned this several times during the job. But Plaintiff said he would take care of this." (Exhibit B). 6. Plaintiff filed Preliminary Objections and a Motion to Strike Defendant's defective pleading on May 19, 2003. 7. Oral Argument was conducted on Plaintiff's Preliminary Objections and at the Oral Argument this Honorable Court strongly suggested that Defendant retain legal counsel in this matter but Defendant has elected not to do so. 8. On October 16, 2003, while Plaintiff's Preliminary Objections were pending, Defendant filed what is titled an "Answer to Complaint" which is attached and incorporated herein by reference as "Exhibit A". Exhibit A is not endorsed with a Notice to Plead pursuant to Pa. R. C. P. 1026. After the filing of Defendant's "Answer" the pleadings are now closed in this matter pursuant to the Pa. R. C. P. 9. Defendant Pleading at Exhibit C: a) failed to specifically admit or deny any allegations in Plaintiff's Complaint; b) when plaintiff denied any of the allegations in Plaintiff' omplaint, Defendant did so in the form of a general denial which has the effect of admitting all of the allegations in Plaintiff's Complaint pursuant to Pa. R. C. P. 1029 (b). 10. By Order of December 9m, 2003 the Honorable George E. Hoffer, denied Plaintiffs Preliminary Objections "insofar as Defendant can resubmit and ANSWER in accordance with the PRCP." The Court ordered Defendant to resubmit an Answer in accordance and compliance with the PRCP and "to specifically admit or deny each averment in the Complaint in corresponding numbered paragraphs, as provided by the PRCP." 11. Despite being ordered to do so Defendant has not filed any amended pleading in compliance with the PRCP and the Order of December 9a , 2003. 12. Now that the pleadings are closed in this matter Plaintiff respectfully moves for Judgment on the Pleadings since Defendant has admitted all allegations in Plaintiff's Complaint. WHEREFORE, Plaintiff respectfully requests that the Honorable Court grant Plaintiff's Motion for Judgment on the Pleadings and enter Judgment for Plaintiff and that this Honorable Court enter an Order as follows: a. Granting judgment for Plaintiff against Defendants in the amount of at least $7,100, plus 6% post judgment interest per annum, or as determined by the Court, exclusive of interest and costs. b. Granting Plaintiff its expenses, including reasonable attorney fees incurred in connection with the action and costs of this action; and c. Granting such other relief as the Court deems appropriate. RESPECTFULLY SUBMITTED: Daniel K. Nafirboff, Esq. Supreme Court No. 78594 4138 Wimbledon Drive Harrisburg, PA 17112 (717) 503-3083 Attorney For Plaintiff JERRY DANYLUK 834 Acri Road Mechanicsburg, PA 17055 Plaintiff, V. John M. Lucidon, Jr. 1910 Spring Road Carlisle, PA 17013 and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 03-597 Paradise Landscaping and Construction 1910 Spring Road Carlisle, PA 17013 Defendants CERTIFICATE OF SERVICE; I, Daniel K. Natirboff, Esquire, hereby certify that I did on this day of April , 2004, serve a true and correct copy of Plaintiffs Motion for Judgment on the Pleadings upon the person(s), and/or their counsel, and in the manner indicated below: Service by First Class U.S. Mail addressed to: John M. Lucidon, Jr. 1910 Spring Road Carlisle, PA 17013 Defendant Paradise Landscaping and Construction c/o John M. Lucidon, Jr 1910 Spring Road Carlisle, PA 17013 Defendant ,f b l K. Esq. Supreme Court No. 78594 4138 Wimbledon Drive Harrisburg, PA 17112 (717) 503-3083 Attorney For Plaintiff c? L N b 0 _ r T _ ma J m T - - c r c^ - i ?_ ?,. w ? -a tr (_% ? ?C7 -- w ;"1 d ,• ? W ?G JERRY DANYLUK 834 Acri Road Mechanicsburg, PA 17055 Plaintiff, V. John M. Lucidon, Jr. 1910 Spring Road Carlisle, PA 17013 and : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 03-597 CIVIL TERM : NO. 03-1040 CIVIL TERM Paradise Landscaping and Construction 1910 Spring Road Carlisle, PA 17013 Defendants PLAINTIFF'S PETITION TO CONSOLIDATE AND NOW, Pursuant to Pennsylvania Rule of Civil Procedure 213, Plaintiff Jerry Danyluk, by and through his attorney, Daniel K. Natirboff, Esquire, hereby files this Petition to Consolidate, and in support thereof avers as follows: On January 9'", 2003, a Default Judgment was entered for the Plaintiff by the District Justice Robert V. Manlove of District No. 09-01-02. 3. On February 10, 2003, Defendant filed a Notice of Appeal in the Common Pleas Court of Cumberland County. 4. On March 10, 2003, Plaintiff, filed a Complaint in the Common Pleas Court of Cumberland County for the above docketed claim. Due to a typographical error the docket number was not included in the caption and subsequently it was erroneously assigned a new docket number as 03-1040. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its Petition to Consolidate and Order that the Claims docketed at 03-597 and 03-1040 be consolidated under the original docket number 03-597. Respectfully submitted, CAPOZZI & ASSOCIATES, P.C. Date: By. Daniel K. Natirboff, Esquire Attorney ID No. 78594 4138 Wimbledon Drive Harrisburg, PA 17112 (717) 503-3083 Attorney For Plaintiff JERRY DANYLUK : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 834 Acri Road Mechanicsburg, PA 17055 Plaintiff, V. CIVIL ACTION -LAW John M. Lucidon, Jr. NO. 03-597 CIVIL TERM NO. 03-1040 CIVIL TERM 1910 Spring Road Carlisle, PA 17013 and Paradise Landscaping and Construction 1910 Spring Road Carlisle, PA 17013 Defendants CERTIFICATE OF SERVICE I, Daniel K. Natirboff, Esquire, hereby certify that I did on this day of April , 2004, serve a true and correct copy of Petition to Consolidate upon the person(s), and/or their counsel, and in the manner indicated below: Service by First Class U.S. Mail addressed to: John M. Lucidon, Jr. 1910 Spring Road Carlisle, PA 17013 Defendant Paradise Landscaping and Construction C/o John M. Lucidon, Jr 1910 Spring Road Carlisle, PA 17013 Defendant Daniel K. Natirbof£,"Vsq. Supreme Court No. 78594 4138 Wimbledon Drive Harrisburg, PA 17112 (717) 503-3083 Attorney For Plaintiff o f7 - C+ r "'FF1I m w 0T 0-1 s` w v CD MAY 2 5 200 MARYANN DYARMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 04-597 CIVIL ACTION LAW RUSSELL CLAVEY Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated March 30, 2004 is vacated and replaced with this Order. 2. The Father, Russell Clavey, and the Mother, Maryann Dyarman, shall have shared legal custody of Dakota Shopp, born November 2, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. Both parties shall have access to information concerning the Child's evaluation and treatment at the Stevens Center, including any status reports or information and recommendations. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child on alternating weekends, from Friday at 6:00 pm through Sunday at 6:00 pm. The Child shall be supervised in the Mother's home during these periods by the Mother, the maternal grandfather or another responsible adult. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In even numbered years, the Mother shall have custody of the Child from Christmas Eve at 4:00 pm through Christmas:Day at 4:00 pm and the Father shall have custody from Christmas Day at 4:00 pm through December 26 at 4:00 pm. In odd numbered years, the Father shall have custody of the Child from Christmas Eve at 4:00 pm through Christmas Day at 4:00 pm, and the Mother shall have custody from Christmas Day at 4:00 pm through December 26 at 4:00 pm. B. THANKSGIVING: hi every year, the Father shall have custody of the Child on Thanksgiving day until 3:00 pm and the Mother shall have custody from Thanksgiving Day at 3:00 pm through Friday at 3:00 pm. C. ALTERNATING HOLIDAYS: hi even numbered years, the Father shall have custody of the Child on Easter and July 46' and the Mother shall have custody on Memorial Day and Labor Day. In odd numbered years, the Mother shall have custody of the Child on Easter and July 4th and the Father shall have custody on Memorial Day and Labor Day. The periods of custody under this provision shall run from 9:00 am until 6:00 pm on the holiday. D. MOTHER'S DAY / FATHER'S DAY: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 am until 6:00 pm. E. CHILD'S BIRTHDAY: The Mother shall have custody of the Child in even numbered years and the Father shall have custody in odd numbered years during non- school time on the Child's birthday, with the specific times to be arranged by agreement between the parties. F. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. The Mother shall be entitled to have custody of the Child for two non-consecutive weeks during the summer school break each year upon providing at least thirty days advance notice to the Father. The Mother shall schedule her periods of vacation custody under this provision to include her regular weekend periods of custody. The Father may schedule his periods of vacation with the Child each year at any time during his regular periods of custody. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. 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. Unless it is specifically agreed otherwise between the parties, both parties shall strictly follow the custody schedule set forth in this Order. BY Edward E. Guido J. cc: &Aussell Clavey, Father db LAA? ,,,Marylou Matas, Esquire - Counsel for Mother 7 1 rd;^Q 3?iJ:lQ-Q371:+ - JQ MARYANN DYARMAN Plaintiff VS. RUSSELL CLAVEY Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-597 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dakota Shopp November 2, 1999 Father 2. A Conciliation Conference was held on May 19, 2004, with the following individuals in attendance: The Father, Russell Clavey, who was not represented by counsel, and the Mother's counsel, Marylou Matas, Esquire. The Mother, Maryann Dyarman, did not attend the conference due to circumstances which were unknown to her counsel. 3. The parties (the Mother, through counsel) agreed to entry of an Order in the form as attached. I)!" aU, .100L/ 9?-- Date Dawn S. Sunday, Esquires Custody Conciliator MARYANN DYARMAN, PLAINTIFF/PETITIONER V. RUSSELL CLAVEY, DEFENDANT/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-597 CIVIL TERM ORDER OF COURT day of August, 2004, a Rule is entered against AND NOW, this defendant Russell Clavey, to show cause by he should not be adjudged in contempt. A hearing on the Rule and on the petition of Maryann Dyarman for special relief shall be conducted in Courtroom Number 21 Cumberland County Courthouse, which time rlRussell Clavey Pennsylvania on Tuesday, August 24, 2004, at 10 is ordered to appear. Marylou Matas, Esquire For Plaintiff/Petitioner - eOfl, pe"&'?_ Russell Clavey, Pro se 156 CME Newville, PA 17241 ,I i Copy 1ykk (CL_ P114oy ---.n'7 :sal f? f '? C?J r ,'? 1JI4 r i ?t J ? y MARYANN DYARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSELL CLAVEY, Defendant/Respondent NO. 04-597 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of August, 2004, this matter having been called on a petition of Maryann Dyarman for special relief and to hold defendant in contempt, it is ordered that the mother shall have temporary physical custody of Dakota Shopp, born November 2, 1999, as follows: 1. From Friday, September 3, 2004, at 6:00 p.m., at which time the father shall deliver the child to the mother, through Friday, September 10, 2004, at 6:00 p.m., at which time the mother shall deliver the child to the father. 2. From Friday, October 1, 2004, at 6:00 p.m., at which time the father shall deliver the child to the mother, through Friday, October 8, 2004, at 6:00 p.m., at which time the mother shall deliver the child to the father. 3. All other provisions of the current custody order of June 1, 2004, shall remain in full force and effect. ,/Marylou Matas, Esquire For Plaintiff/Petitioner ussell Clavey, pro se 156 CME Newville, PA 17241 Sheriff CIVIL ACTION - LAW J ag -a? ? - 0 prs MARYANN DYARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2004-597 RUSSEL CLAYEY, : Civil Action - Law Defendant : In Custody PETITION FOR CONTEMPT AND NOW, comes the Petitioner, Maryann Dyarman, by and through her counsel of record, Marylou Matas, Esquire, and Petitions the Court as follows: 1. Petitioner is the above named Plaintiff, Maryann Dyarman, an adult individual currently residing at 201 Campground Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is the above named Defendant, Russell Clavey, an adult individual currently residing at 4 West Main Street, Newville, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (1) child, namely, Dakota Shopp, born November 2, 1999. 4. The parties are subject to an Order of Court dated June 1 2004, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. 5. Pursuant to paragraph 4 of the Order, Petitioner is entitled to exercise SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•AT-LAW 26 W. High Street Carlisle. PA periods of partial physical custody of the child on alternating weekend, from Friday at 6:00 p.m. through Sunday at 6:00 p.m. 6. The parties have agreed that transportation shall be such that Respondent is responsible for dropping the child off at Petitioner's home on Friday evenings. 7. Respondent failed to appear with the child during the weekends of May 13, 2005, May 27, 2005, June 10, 2005, June 24, 2005, July 8, 2005 and July 22, 2005. 8. Counsel for Petitioner forwarded correspondence to Respondent dated May 18, 2005, advising him of his failure to abide by the Order and requesting that he allow Petitioner the opportunity to make-up that first missed weekend period. A copy of said correspondence is attached hereto and incorporated herein by reference as Exhibit B. 9. Counsel for Petitioner forwarded correspondence to Respondent dated June 1, 2005, advising him of his continued failure to abide by the Order and requesting that he allow Petitioner the opportunity to make-up two missed weekend periods. A copy of said correspondence is attached hereto and incorporated herein by reference as Exhibit C. 10. Respondent did not make contact with either Petitioner or her counsel. 11. Respondent did not allow Petitioner the opportunity to make-up the missed weekend periods of custody 12. Respondent has willfully failed to abide by the terms of the custody SAIDIS SHUFF FLOWER & LINDSAY 26 W. High Street Carlisle, PA Order by refusing Petitioner the opportunity to exercise alternating weekend periods of time with the child. 13. Pursuant to paragraph 6 of the Order, Petitioner is entitled to exercise two non-consecutive weeks of vacation during the summer school break each year upon thirty (30) days' notice to Father. 14. On June 1, 2005, by correspondence attached hereto as Exhibit C, Petitioner advised Respondent of her requested vacation dates from July 4, 2005 through July 10, 2005. 15. Petitioner confirmed her requested vacation period by correspondence dated June 6, 2005, a cop of which is attached hereto and incorporated herein by reference as Exhibit D. 16. Pursuant to paragraph 5 of the Order, Petitioner is entitled to exercise custody of the child on the July 4, 2005 holiday from 9:00 a.m. through 6:00 p.m. on that day. 17. Petitioner's requested vacation time with the child incorporates her holiday time and her regularly scheduled weekend period. 18. Respondent did not allow Petitioner to exercise her requested vacation time with the child. 19. Respondent has willfully failed to abide by the terms of the Custody Order by refusing Petitioner the opportunity to exercise vacation time with the child. 20. Respondent has never indicated to Petitioner that he intended to SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA exercise custody of the child for the requested make-up weekend periods or that he intended to exercise vacation with the child between July 4, 2005 and July 10, 2005. 21. Respondent moved recently, but Petitioner is confident that the address she has for him is correct. 22. Respondent has refused to disclose a telephone number for his home to Petitioner, and so Petitioner is limited in her ability to contact Respondent. 23. There is no new number listed in the telephone book or known for Respondent. 24. The letters from Petitioner's counsel to Respondent were mailed to him via First Class Mail and were not returned. 25. Respondent violated the terms of the custody Order in the summer of 2005 by refusing to allow Petitioner to exercise her vacation periods of custody with the child; after a brief hearing on Petitioner's Petition for Special Relief, Petitioner was awarded make-up periods of time with the child, but, unfortunately, had already missed the special vacation time she had planned with her child. A copy of the Order of Court dated August 24, 2004, resulting from that hearing, is attached hereto and incorporated herein as Exhibit E. 26. Petitioner was obligated to secure counsel to pursue the within Petition for Contempt and Special Relief and Respondent should be responsible for payment of attorney's fees associated with these proceedings that were necessitated due to his failure to abide by the terms of the Court's Order. 27. Respondent is not represented by counsel in these proceeding. Notice of the filing of this Petition will be provided to Respondent by First Class Mail, postage prepaid at his last known mailing address. WHEREFORE, Petitioner requests this Honorable Court to enter an Order SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA providing for the following: a. For Petitioner to be awarded an additional one week of vacation time with the child in addition to the two non-consecutive weeks provided for in the Order; b. For Petitioner to be awarded additional weekend periods of time in addition to her regularly scheduled weekend periods to compensate her for each weekend Respondent has failed to allow Petitioner to exercise from May 13, 2005 to the date of any resulting Order. C. For Respondent to be held in contempt of the Order, d. For Respondent to be responsible for Petitioner's attorney's fees incurred in connection with this matter; and e. Other sanctions as the Court deems appropriate. Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY ?v ? 6k, lr1G4 Maryou latas, Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 (717) 243-6486 Dated: (? - / - 0,?, Counsel for Petitioner SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle. PA VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: ?? - d S 6- - MARYA DYA.RMAN, Plaintiff CERTIFICATE OF SERVICE I hereby certify that on this 1St day of September, 2005, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Russell Clavey 4 West Main Street Newville, PA 172,41 r 4anlneaMM. Bartley 67- Paralegal to Marylou Matas, Esquire SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA V/ MAY 2 5 2DD4f MARYANN DYARMAN Plaintiff vs. RUSSELL CLAVEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-597 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated March 30, 2004 is vacated and replaced with this Order. 2. The Father, Russell Clavey, and the Mother, Maryann Dyarnan, shall have shared legal custody of Dakota Shopp, born November 2.1 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions :regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall. be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. Both parties shall have access to information concerning the Child's evaluation and treatment at the Stevens Center, including any status reports or information and recommendations. 3. The Father shall have primary physical custody of the Child 4. The-Mother shall have partial physical custody of the Child on alternating weekends, from Friday at 6:00 pm through Sunday at 6:00 pm. The Child shall be supervised in the Mother's home during these periods by the Mother, the maternal grandfather or another responsible adult. i ,L: L 4/ 1111 /1 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In even numbered years, the Mother shall have custody of the Child from Christmas Eve at 4:00 pm through Christmas Day at 4:00 pm and the Father shall have custody from Christmas Day it 4:00 pm through December 26 at 4:00 pm. In odd numbered years, the Father shall have custody of the Child from Christmas Eve at 4:00 pm through Christmas Day at 4:00 pm, and the Mother shall have custody from Christmas Day at 4:00 pm through December 26 at 4:00 pm. B. THANKSGIVING: In every year, the Father shall have custody of the Child on Thanksgiving day until 3:00 pm and the Mother shall have custody from Thanksgiving Day at 3:00 pm through Friday at 3:00 pm. C. ALTERNATING HOLIDAYS: In even numbered years, the Father shall have custody of the Child on Easter and July 4' and the Mother shall have custody on Memorial Day and Labor Day. In odd numbered years„ the Mother shall have custody of the Child on Easter and July 4th and the Father shall have custody on Memorial Day and Labor Day. The periods of custody under this provision shall run from 9:00 am until 6:00 pm on the holiday. D. MOTHER'S DAY / FATHER'S DAY: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 am until 6:00 pm. E. CHILD'S BIRTHDAY: The Mother shall have custody of the Child in even numbered years and the Father shall have.custody in odd numbered years during non- school time on the Child's birthday, with the specific times to be arranged by agreement between the parties. F. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. The Mother shall be entitled to have custody of the Child for two non-consecutive weeks during the summer school break each year upon providing at least thirty days advance notice to the Father. The Mother shall schedule her periods of vacation custody under this provision to include her regular weekend periods of custody. The Father may schedule his periods of vacation with the Child each year at any time during his regular periods of custody. . 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural deyelopment of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. 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. Unless it is specifically agreed otherwise between the parties, both parties shall strictly follow the custody schedule set forth in this Order. BY Edward E. Guido 7. cc: Russell Clavey, Father Marylou Matas, Esquire - Counsel for Mother 4it1&E .COF'_ Fiam RECOi2Dand rn Tesfiwny whereof, I here unto set my and he seal of sai CourtaCarlisle, .Pa- 1 0 ...,..,..v' Th s ......?......... pro honotary MARYANN DYARMAN Plaintiff vs. RUSSELL CLAVEY Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-597 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dakota Shopp November 2, 1999 rather 2. A Conciliation Conference was.held on May 19, 2004, with the following individuals in attendance: The Father, Russell Clavey, who was not represented by counsel, and the Mother's counsel, Marylou Matas, Esquire. The Mother, Maryann Dyarman, did not attend the conference due to circumstances which were unknown to her counsel. 3. The parties (the Mother, through counsel) agreed to entry of an Order in the form as. attached. ?Uw ati ao??l Date -T--' Dawn S. Sunday, Esquir Custody Conciliator 2Z: FF-TE & ASSOCI 2l1 fS Bradley L. Griffie, Esquire Marylou Matas, Esquire Hannah Herman-Snyder, Esquire Robin J. Goshorn Office Manager Reply to: Carlisle Attomeys and Counselars at Law Russell Clavey 4 West Main Street Newville, PA 17241 RE: Dakota Shopp Dear Mr. Clavey: 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 100 Lincoln Way East, Suite D Chambersburg, PA 17201 (717) 267-1350 (800) 347-5552 Fax(717)243-5063 As you are aware, I represent Mary Ann Dyarman With regard to custody litigation for Dakota. The current Custody Order provides that Mary Ann shall exercise partial physical custody of Dakota on alternating weekends. You are to provide transportation on Friday evenings and Mary Ann provides the transportation on Sunday evenings. Mary Ann's most recent regularly scheduled period of custody was to have been from May 13, 2005 through May 15, 2005. Mary Amt reports to me that you did not turn the child over to her on May 13 as she anticipated, nor did you contact her to explain your absence. Because this is not the first time such a situation has occurred, you are well aware of the consequences for not following through with the Custody Order. Mary Ann would prefer not to initiate litigation, but is prepared to file a Petition for Contempt if this matter is not resolved. At this point, Mary Ann requests that she be afforded a make-up weekend for the weekend that you did not allow her to exercise custody of Dakota. That make-up weekend can be accomplished by allowing her to exercise custody of Dakota for two weekends in a row to coincide with her next regularly scheduled weekend. If you are not able to work this out with Mary Ann directly and do not contact her to make arrangements for her to exercise this make-up weekend, Mary Ann will file a Petition for Contempt. If that is necessary, she will request not only that she be afforded make-up periods, but that she be afforded more contact with Dakota and that you be responsible for attorney's fees for pursuing this matter. While Mary Ann may understand that emergencies may arise that may make it difficult for you to arrive at her home on time on a Friday evening, she does not believe there are any excuses for not following up with a phone call or some explanation for your actions. Again, Mary Ann is willing to resolve this matter with you directly. You should contact her to do that. If you do not contact her to resolve this matter or do not contact me through your attorney or in writing, Mary Ann will pursue a Petition for Contempt? You do have the right to retain an attorney and to have an attorney review this with you. If you do retain an attorney, please have him or her contact me so that I may begin to correspond with that person. If you do not retain an attorney, all contact from you to me must be in writing. Very truly yours, Marylou Matas MM/rjg Cc: Mary Ann Dyarman R.ITnE & AssoCI a1ItS Bradley L. Griffie, Esquire Marylou Matas, Esquire Hannah Herman-Snyder, Esquire Robin I Goshorn Office Manager Reply to: Carlisle Russell Clavey 4 West Main Street Newville, PA 17241 RE: Custody Dear Mr. Clavey: 005 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 100 Lincoln Way East, Suite D Chambersburg, PA 17201 (717) 267-1350 (800) 347-5552 Fax(717)243-5063 As you know, I am the attorney who represents Maryann Dyarman in custody litigation regarding your son, Dakota. I have written to you previously with regard to the weekend of May 13, 2005. Maryann was supposed to have custody of her son that weekend but you did not appear and did not provide him to her. I suggested in my letter to you that Maryann be granted a make-up weekend during the very next weekend of May 20, 2005. On that date, however, your grandmother contacted Maryann to inform her that you had other plans and would not be allowing the make-up weekend during that weekend. Subsequently, on May 27, 2005, your grandmother contacted Maryann to inform her that she would not be getting custody of her child for that weekend either. At this point, then, you have refused two weekend periods of custody and Maryann feels she is entitled to two make-up weekends of custody with her son. Maryann will agree to accept her two make-up weekend periods of custody during the weekends of June 17, 2005, and July 15, 2005. This should afford you plenty of opportunity to make plans that you may have during other weekend periods of time. Of course, you know that Maryann's regularly scheduled weekend periods include the weekends of June 10, June 24, and July 8, 2005. Although this will mean that Maryann will have several weekend periods of custody in a row, this will allow for these make-up weekends to be made up rather quickly so that this matter does not linger on for several months. You know, of course, that if you do not allow Maryann to exercise these weekend periods of time, she will file a Petition for Contempt. Because you have been held in contempt previously, you understand that Maryann will request that you be held in contempt again, that she be provided with these make-up weekend periods of custody, and, in addition, she will request that the Court assess you a fine for the attorney's fees that she has to incur to pursue this action. I encourage you then to consider allq&jUg Attorneys and Counselors at Law Maryann to exercise make-up periods of time rather than forcing her to file a Petition for Contempt to follow through with this action. Please contact Maryann to confirm these weekend periods of time that you will allow her to exercise. Maryann would prefer speaking with you directly about these matters rather than speaking with your grandmother. I understand that you do not reside with your grandmother any longer. Maryann does not understand why it is necessary for your grandmother to continue to make contact with her. Therefore, please make contact with Maryann yourself. In addition, please accept this as notice of Maryan n's first requested vacation period for this summer. Pursuant to the prior Order, Maryann is entitled to exercise two week long periods of vacation time with Dakota each summer. Maryann's first requested period of vacation will be from June 3, 2005, at 6:00 p.m. t1-.Tough June 10, 2005, at 6:00 p.m. This will incorporate Maryann's regularly scheduled weekend period of time from June 8 through June 10 and does not interfere with any of your periods of custody. The July 4 holiday will be Maryann's holiday period this year pursuant to the Order. You have the right to retain an attorney and to have an attorney review this with you. If you do retain an attorney, please have him/her contact me so that I may begin to correspond with that person. If you do not retain an attorney, all correspondence from you to me must be in writing. If you have some question about this or would like to clarify the proposals made herein, please feel free to contact. Maryann directly to discuss these arrangements. In the alternative, if you do not retain. an attorney, any comments you may have should be directed to me in writing. Very truly yours, Marylou Matas MM/msk Cc: Maryann Dyarman Cj. -:JFFIE & .A SSOCIA`. 7- S Bradley L. Griffle, Esquire Marylou Matas, Esquire Hannah Herman-Snyder, Esquire Attorneys and Counselors at Law 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Robin J. Goshorn Office Manager Reply to: Carlisle Russell Clavey 4 West Main Street Newville, PA 17241 RE: Custody Dear Mr. Clavey: June 6, 2005 100 Lincoln Way East, Suite D Chambersburg, PA 17201 (717) 267-1350 (800) 347-5552 Fax(717)243-5063 I had previously sent you a letter on June 1, 2005 in reference to vacation periods for this summer. In that letter I had indicated that Ms. Dyannan wanted the period from June 3, 2005 through June 10, 2005. In actuality, this date was to have been July 3, 2005 through July 10, 2005. All other provisions of the previous letter are correct as indicated. I apologize for this error. Very truly yours„ Marylou Matas MM/msk MARYANN DYARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RUSSELL CLAVEY, Defendant/Respondent NO. 04-597 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of August, 2004, this matter having been called on a petition of Maryann Dyarman for special relief and to hold defendant in contempt, it is ordered that the mother shall have temporary physical custody of Dakota Shopp, born November 2, 1999, as follows: 1. From Friday, September 3, 2004, at 6:00 p.m., at which time the father shall deliver the child to the mother, through Friday, September 10, 2004, at 6:,00 p.m., at which time the mother shall deliver the child to the father. 2. From Friday, October 1, 2004, at 6:00 p.m., at which time the father shall deliver the child to the mother, through Friday, October 8, 2004, at 6:00 p.m., at which time the mother shall deliver the child to the father. 3. All other provisions of the current custody order of June 1, 2004, shall remain in full force and effect. Marylou Matas, Esquire For Plaintiff/Petitioner Russell Clavey, pro se 156 CME Newville, PA 17241 Sheriff prs TRUE COP? FROM RECORD In Testimony wherepf, 9 here ynto set my hard an0he seal of seirdf Court arlisle, Pa. A 1 -TI n ul 1 (.rl :? -may fVl ' 7 jl} .+?i OQ ?. Rl C] i ?v MARYANN DYARMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSEL CLAVEY DEFENDANT 04-597 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 08, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, October 13, 2005 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/ Dawn S. Sunday, Ems. 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 4 j h emu, s?-6 ?d !?rv i.l OCT 2 7 2005 MARYANN DYARMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 04-597 CIVIL ACTION LAW RUSSELL CLAVEY Defendant IN CUSTODY ORDER OF COURT AND NOW, this / day of N " 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Pending the outcome of the dependency hearing (concerning other children in the Mother's care) scheduled for November 10, 2005 and the follow-up conciliation conference scheduled in this Order, the partial custody schedule set forth in the prior Order of this Court dated June 1, 2004 is suspended and replaced with this Order. 2. The Mother shall have partial physical custody of Dakota Shopp, born November 2, 1999, on October 29, 2005 from 2:00 p.m. until 5:00 p.m. The Mother shall ensure that the maternal grandfather is present, with the Mother, during the entire period of custody. The Father shall be responsible to transport the Child to the Mother's residence at the beginning of the period of custody and the Mother shall be responsible to provide transportation for the return of custody to the Father's residence. 3. The parties and counsel shall attend a second custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Friday, November 11, 2005 at 9:00 a.m. The purpose of the conference shall be to review the partial custody arrangements for the Mother following the dependency hearing. 4. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall contra' cc:?344arylou Matas, Esquire - Counsel for Mother ,Russell Clave75Lather Edward E. Guido J. v??dma,sni???? C I A4 Wd I - RON SOOZ AiiV.'tON014 LUud NI J0 I MARYANN DYARMAN Plaintiff vs. RUSSELL CLAVEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-597 CIVIL ACTION LAW IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dakota Shopp November 2, 1999 Father 2. A custody conciliation conference was held on October 20, 2005, with the following individuals in attendance: The Mother, Maryann Dyarman, with her counsel, Marylou Matas, Esquire, and the Father, Russell Clavey, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Cl- Custody Conciliator I NOV 2 1 2005 MARYANN DYARMintiff CIN THE COURT UMBERLAND COUNTY, COMMON PLEAS OF / 64NFSYLVANfA - - VS. 04-597 CIVIL ACTION LAW RUSSELL CLAVEY Defendant IN CUSTODY ORDER OF COURT AND NOW, this ?? day of 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated November 1, 2005 is vacated and replaced with this Order. 2. The prior Order of this Court dated June 1, 2004, shall continue in effect, with the exception of Paragraph 4, which is modified by this Order. 3. The Mother shall have partial physical custody of the Child on alternating weekends, beginning November 12, 2005, from Saturday at 9:00 a.m. through Sunday at 6:00 p.m. The Child shall be supervised in the Mother's home during these periods by the Mother, the maternal grandfather or another responsible adult. 4. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 5. During years in which the Mother has custody of the Child for the weekend immediately following Thanksgiving and also does not work on the Friday after Thanksgiving, the Mother's holiday period of custody and weekend period of custody shall run continuously so that the Mother has custody of the Child from Thanksgiving Day at 3:00 p.m. through the following Sunday at 6:00 p.m. cc: Marylou Matas, Esquire - Counsel for Mother u? Russell Clavey, Father L?> Edward E. Guido J. L ? nr? LS:G .':1. iGA 'It'2!",, V l MARYANN DYARMAN Plaintiff vs. RUSSELL CLAVEY Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-597 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dakota Shopp November 2, 1999 Father 2. A custody conciliation conference was held on November 11, 2005, with the following individuals in attendance: The Mother, Maryann Dyarman, with her counsel, Marylou Matas, Esquire, and the Father, Russell Clavey, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator 1? MARYANN DYARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2004-597 RUSSEL CLAVEY, : Civil Action - Law Defendant : In Custody PETITION FOR CONTEMPT AND NOW, comes the Petitioner, Maryann Dyarman, by and through her counsel of record, Marylou Matas, Esquire, and petitions the Court as follows: 1. Petitioner is the above named Plaintiff, Maryann Dyarman, an adult individual currently residing at 201 Campground Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is the above named Defendant, Russell Clavey, an adult individual currently residing at 2 West Main Street, Apt. 2, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of one (1) child, namely, Dakota Shopp, born November 2, 1999. 4. The parties are subject to Orders of Court dated June 1, 2004 and FL?ONVIER & LINDSAY RUDEVEMN 26 West High Street Carlisle, PA November 23, 2005, copies of which are attached hereto and incorporated herein by reference as Exhibits A and B respectively. 5. Pursuant to paragraph 3 of the Order of Court of November 23, 2005, mother is entitled to receive custody of the child on alternating weekends, from Saturday at 9:00 a.m. through Sunday at 6:00 p.m. 46- 6. Pursuant to paragraph 4 of the Order of Court of November 23, 2005, the party receiving custody of the child shall be responsible to provide transportation for the exchange of custody. 7. Since the entry of the aforementioned Order Respondent has willfully failed to abide by the terms of the custody order by refusing petition or the opportunity to exercise alternating weekend periods of time with the child. 8. Petitioner has appeared at Respondent's home to pick up the child for her weekend periods of custody on various occasions including, but not limited to the weekends of; April 1, April 15, April 29, May 13, May 27, June 10 and June 24. 9. Counsel for Petitioner forwarded correspondence to Respondent dated April 10, 2006, advising him of his failure to abide by the Order and requesting that he make the child available for future periods of custody. A copy of said correspondence is attached hereto and incorporated herein by reference as Exhibit C. 10. Counsel for Petitioner forwarded correspondence to Respondent dated FLOWER & LWDS" 26 West High Street Carlisle, PA May 19, 2006, advising him of his continued failure to abide by the Order and requesting that he allow Petitioner the opportunity to exercise her weekend and holiday periods of custody. In addition that correspondence advised him of her intention to file a Petition for Contempt. A copy of said correspondence is attached hereto and incorporated herein by reference as Exhibit D. 11. Respondent did not allow Petitioner the opportunity to exercise custody of the child. 12. Respondent has willfully failed to abide by the terms of the custody Order by refusing Petitioner the opportunity to exercise alternating weekend periods of time with the child. 13. Pursuant to paragraph 5c of the June 1, 2004, Order of Court, Petitioner is entitled to exercise custody of the child on the Memorial Day holiday from 9:00 a.m. through 6:00 p.m. on that day. 14. Petitioner has requested holiday time with the child incorporates her holiday time and her regularly scheduled weekend time. 15. Respondent did not allow Petitioner to exercise her requested holiday time with the child. 16. Respondent has willfully failed to abide by the terms of the Custody Order by refusing Petitioner the opportunity to exercise holiday time with the child. 17. Respondent violated the terms of the Custody Order in the summer of FLONVER SAI]DILS, LENDS" 26 West High Scent Carlisle, PA 2005, by refusing to allow Petitioner to exercise her vacation periods of custody with the child. Petitioner has informed Respondent by mail of her requested vacation time with the child for the summer of 2006, given Respondent's continued violation of the Order thus far she is concerned that Respondent will not honor her requested vacation time for this summer without further Court intervention. 18. Petitioner was obligated to secure counsel the pursuit of within Petition for Contempt and Respondent should be responsible for payment of attorney's fees associated with these proceedings that were necessitated due to his failure to abide by the terms of the Court's order. 19. Respondent is not represented by counsel in these proceedings. Notice of the filing of this Petition will be provided to Respondent by First Class Mail, postage prepaid at his last known mailing address. WHEREFORE, Petitioner requests this Honorable Court to enter an Order providing for the following: a. For Petitioner to be awarded an additional one week of vacation time with the child in addition to the two non-consecutive weeks provided for in the Order. b. For Petitioner to be awarded additional weekend periods of time with the child in addition to her regularly scheduled weekend periods to compensate her for each weekend period of time Respondent has failed to allow Petitioner to exercise from April 1, 2006 to the date of any resulting Order. C. For Respondent to be held in contempt of the Order. d. For Respondent to be responsible for Petitioner's attorney's fees and costs incurred in connection with this matter; and e. Other sanctions as the Court deems appropriate. Respectfully Submitted, SAMIS, LpqDs" 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY 34LL;41 1.0 Marylou Ubtas, Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 (717) 243-6486 Dated: -7/ Z?/U(c Counsel for Petitioner e t VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. MaryDyarman Date: n ? Y o - r n MAY 2 5 200 MARYANN DYARMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-597 CIVIL ACTION LAW RUSSELL CLAVEY l Defendant IN CUSTODY r ORDER OF COURT i As;? AND NOW, this - day of 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated March 30, 2004 is vacated and replaced with this Order. 2. The Father, Russell Clavey, and the Mother, Maryann Dyarman, shall have shared legal custody of Dakota Shopp, born November 2, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. Both parties shall have access to information concerning the Child's evaluation and treatment at the Stevens Center, including any status reports or information and recommendations. 3. The Father shall have primary physical custody of the Child. V 4. The Mother shall have partial physical custody of the Child on alternating weekends, from Friday at 6:00 pm through Sunday at 6:00 pm. The Child shall be supervised in the Mother's home during these periods by the Mother, the maternal grandfather or another responsible adult. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In even numbered years, the Mother shall have custody of the Child from Christmas Eve at 4:00 pm through Christmas Day at 4:00 pm and the Father shall have custody from Christmas Day at 4:00 pm through December 26 at 4:00 pm. In odd numbered years, the Father shall have custody of the Child from Christmas Eve at 4:00 pm through Christmas Day at 4:00 pm, and the Mother shall have custody from Christmas Day at 4:00 pm through December 26 at 4:00 pm. B. THANKSGIVING: In every year, the Father shall have custody of the Child on Thanksgiving day until 3:00 pm and the Mother shall have custody from Thanksgiving Day at 3:00 pm through Friday at 3:00 pm. C. ALTERNATING HOLIDAYS: In even numbered years, the Father shall have custody of the Child on Easter and July 4 h and the Mother shall have custody on Memorial Day and Labor Day. In odd numbered years, the Mother shall have custody of the Child on Easter and July 4th and the Father shall have custody on Memorial Day and Labor Day. The periods of custody under this provision shall run from 9:00 am until 6:00 pm on the holiday. D. MOTHER'S DAY / FATHER'S DAY: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 am until 6:00 pm. E. CHILD'S BIRTHDAY: The Mother shall have custody of the Child in even numbered years and the Father shall have custody in odd numbered years during non- school time on the Child's birthday, with the specific times to be arranged by agreement between the parties. F. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. The Mother shall be entitled to have custody of the Child for two non-consecutive weeks during the summer school break each year upon providing at least thirty days advance notice to the Father. The Mother shall schedule her periods of vacation custody under this provision to include her regular weekend periods of custody. The Father may schedule his periods of vacation with the Child each year at any time during his regular periods of custody. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. 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. Unless it is specifically agreed otherwise between the parties, both parties shall strictly follow the custody schedule set forth in this Order. BY Edward E. Guido J. cc: Russell Clavey, Father Marylou Matas, Esquire - Counsel for Mother TRt1E COPY FROM RECORD and In Test'immny whereof, i here unto set my and he seat of said ) _: Court a3 Carlisle, Pa: Th ....?......... ?.. Piti onotary 1 MARYANN DYARMAN Plaintiff VS. RUSSELL CLAYEY Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-597 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dakota Shopp November 2, 1999 Father 2. A Conciliation Conference was held on May 19, 2004, with the following individuals in attendance: The Father, Russell Clavey, who was not represented by counsel, and the Mother's counsel, Marylou Matas, Esquire. The Mother, Maryann Dyarman, did not attend the conference due to circumstances which were unknown to her counsel. 3. The parties (the Mother, through counsel) agreed to entry of an Order in the form as attached. rnc? a-? , a.ov? Date Dawn S. Sunday, Esquir Custody Conciliator r1 Q,../D./? VZ../ NOV 2 1 2005 MARYANN DYARMAN IN THE COURT OF CO .,PLEAS OF _ Plaintiff CUMBERLAND COUNTY, P vs. 04-597 CIVIL ACTION LAW RUSSELL CLAYEY Defendant IN CUSTODY ORDER OF COURT AND NOW, this P3r-4 day of / ? , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated November 1, 2005 is vacated and replaced with this Order. 2. The prior Order of this Court dated June 1, 2004, shall continue in effect, with the exception of Paragraph 4, which is modified by this Order. 3. The Mother shall have partial physical custody of the Child on alternating weekends, beginning November 12, 2005, from Saturday at 9:00 a.m. through Sunday at 6:00 p.m. The Child shall be supervised in the Mother's home during these periods by the Mother, the maternal grandfather or another responsible adult. 4. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 5. During years in which the Mother has custody of the Child for the weekend immediately following Thanksgiving and also does not work on the Friday after Thanksgiving, the Mother's holiday period of custody and weekend period of custody shall run continuously so that the Mother has custody of the Child from Thanksgiving Day at 3:00 p.m. through the following Sunday at 6:00 p.m. cc: Marylou Matas, Esquire - Counsel for Mother Russell Clavey, Fath TRUE COPY FROM RECORIJ M TeaMopy whereof, l two unto sef my hand and the seal of said Conti at Cartisie l Prothonc?rr Edward E. Guido J. MARYANN DYARMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 04-597 CIVIL ACTION LAW RUSSELL CLAVEY : Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dakota Shopp November 2, 1999 Father 2. A custody conciliation conference was held on November 11, 2005, with the following individuals in attendance: The Mother, Maryann Dyarman, with her counsel, Marylou Matas, Esquire, and the Father, Russell Clavey, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. `l1ay ICc, 02005 Date Dawn S. Sunday, Esquire Custody Conciliator JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY MICHAEL L. SOLOMON BRIAN C. CAFFREY GEORGE F. DOUGLAS, III THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH Russell Clavey 2 West Main Street Newville, PA 17241 -- LAW OFFICES _ SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney®sfl-law.com www.sfl-law.com April 10, 2006 Re: Dyarman v. Clavey Dear Mr. Clavey: CAMP HILL OFFICE: 2109 MARRY STREET CAMP HILL, PA 17019 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE ?i ?o® I' - As you are aware, I represent Mary Ann Dyarman in custody litigation with regard to Dakota. Ms. Dyarman tells me that she tried to contact-you on April 1, 2006, about her period of custody for that weekend, but could not reach you by the number that she has. She.was not able to exercise custody that weekend because of a work conflict and wanted to let you know in advance. She did arrive at your home on March 18, 2006 to pick up Dakota but no one answered the door. She tried to contact you at the number she has but it was not a good number. She did not get to exercise custody that weekend. She was not able to exercise custody the prior weekend on March 4, 2006 and tried to contact you in advance but the same telephone number was not a good number then, either. She did not get to exercise custody that weekend. Mary Ann would very much like to spend time with Dakota. When she has a conflict she tries to notify you in advance. However, the number she has is not in working order. If you have changed the number it would be appreciated. if you would provide that to her. In addition, if you are simply refusing custody on Mary Ann's weekends for some reason, she -requests that you not do so. She would like to resolve this amicably now. Therefore, at this time, I am enclosing a self addressed stamped envelope for you to mail your actual working telephone number and one other good contact number to me so that I can provide that to Mary Ann before her next scheduled weekend. Her next weekend period of custody is Saturday, March 15, 2006. At this time, she does intend to exercise her period of custody. Therefore, please have Dakota ready. Make sure to answer the door when she arrives. Please complete the requested information and mail this back to me immediately. Very truly yours, SAIDIS, FLOWER & LINDSAY jMayrq jas, XEsq MM/lao Cc: Mary Ann Dyarman JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY MICHAEL L. SOLOMON BRIAN C. CAFFREY GEORGE F. DOUGLAS, III THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH ' LAW OFFICES SAUDIS, FLOWER & LINDS Y A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney@sf]-law.com www.sfl-law.com May 19, 2006 Russell Clavey 2 West Main Street, Apt #2 Newville, PA 17241 RE: Dyarman v. Clavey Custody Dear Mr. Clavey: CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 Fj? f Fj? fCOF? REPLY TO CARLISLE You are well aware that I represent Maryann Dyarman with regard to custody litigation. Maryann informs me that she has not seen Dakota for her periods of custody since February. I did address this matter with you in prior correspondence dated April 10, 2006. At that time, I indicated to you that she would be and intended to exercise her Easter weekend period of custody on April 15, 2006. She indicates to me that she did appear at your residence on that weekend as she appeared on her prior weekend of April 1, 2006,. although, you were not at home or did not answer the door on the weekend of April 1, 2006. Someone did answer the door on the weekend of April 15, 2006 and simply indicated that Dakota was not available for her. She then appeared at your residence on April 29 and again on May 13. No one answered the door for Maryann to begin her weekend periods of custody on either of those days. Maryann's next weekend period of custody is scheduled to begin on May 27, 2006. Maryann does intend to exercise her period of custody for that weekend. She will be at your residence on May 27, 2006 at 9:00 a.m., she does expect that Dakota will be made available to her. She will exercise her full weekend period of custody. In addition, pursuant to the prior Order of Court, this is Maryann's Memorial Day holiday and her weekend may be extended then until 6:00 p.m. on that day, which is Monday, May 29, 2006. At this particular time, Maryann does not know if she will have off from work on Monday. Maryann will grant you the courtesy of a telephone call the week before she is to exercise custody of Dakota, to let you know whether she will be extending her weekend through until Monday at 6:00 p.m. However, this in no way effects her regular weekend period of custody. She will be exercising that period of custody and you should have Dakota available at 9:00 a.m. on Saturday, May 27, 2006. ' Russell Clavey Page 2 of 2 May 2006 If you do not have Dakota available on Saturday, May 27, Maryann will file a Petition for Contempt of Custody. In addition, - Maryann will file a request for a Modification of Custody at that same time. Because you have been in contempt so many other times, Maryann anticipates that there will be some fines imposed upon you. Maryann will request that you be responsible for payment of my attorney's fees. She will request considering that custody be modified, so that she has additional periods of custody with Dakota beyond what is ordered at the present time. You have the right to retain an attorney and to have an attorney review this with you. If you do retain an attorney please have him or her contact me so that I may begin to correspond with that person. If you do not retain an attorney all correspondence from you to me must be in writing. MM/lao Very truly yours, SAIDIS, FLOWER & LINDSAY ryl Matas, Esquire. w (-4 4q IVZZ D G r f MARYANN DYARMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSEL CLAVEY DEFENDANT 04-597 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, August 07, 2006 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, September 07, 2006 at 10:00 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/ Dawn S. Sunday, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 40? .744 mNnc)o 5Z -£ Nd 8- SAV 4?L ?iidlCX`#??- MARYANN DYARMAN Plaintiff vs. RUSSELL CLAVEY Defendant IN THE COURT OF SEP 2 5 1uho { - 4AV COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-597 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /0'6` day of Otwa, , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 0j, 1;3D P,M. 1 A Hearing is scheduled in Courtroom No. ) of the Cumberland County Courthouyn the o /I" day of 2006, at which time testimony will be taken. At the Hearing, the Mother, Maryann Dyarman, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or a party pro se shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least 10 days prior to the hearing date. 2. The Mother's alternating weekend periods of custody shall resume under the existing Orders on September 30, 2006. BY THE COUI? , f, Edgar B. Bayley J. cc:arylou Matas, Esquire - Counsel for Mother del ,..^ssell Clavey, Father ?O LT ' -- ?? L U 1 '- r+ , MARYANN DYARMAN Plaintiff VS. RUSSELL CLAVEY Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-597 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dakota Shopp November 2, 1999 Father 2. A custody conciliation conference was held on September 21, 2006, with the following individuals in attendance: The Mother, Maryann Dyarman, with her counsel, Marylou Matas, Esquire, and the Father, Russell Clavey, who is not represented by counsel in this matter. 3. This Court previously entered Orders in this matter on June 1, 2004 and November 23, 2005, under which the Father has primary physical custody of the Child and the Mother has partial custody on alternating weekends. The Mother filed this Petition for Contempt alleging that the Father has denied her partial custody of the Child on an ongoing basis and seeking enforcement and expenses. The parties were unable to reach an agreement to resolve the outstanding issues prior to the Father's departure from the conference over the conciliator's objection. Therefore, it will be necessary to schedule a hearing on the issues raised by the Mother. 4. The Mother's position on custody is as follows: The Mother stated that the Father has failed to make the Child available for her periods of partial custody since March 2006. The Mother acknowledged that she was unable to assume custody due to health reasons or work on some weekends and was unable to reach the Father by telephone in advance. The Mother also confirmed that she was late to pick up the Child at least twice. However, according to the Mother, the Child was not present at the Father's home when she came to pick him up on several occasions. The Mother's counsel wrote letters to the Father requesting custodial time and notifying the Father of the Mother's intention to exercise her right to vacation custody in August. According to the Mother, the Father did not respond to those requests and she did not have a period of summer custody with the Child as provided in the Order. The Mother requests that the Court find the Father in contempt, enforce the Order as to future alternating weekends and require the Father to pay her costs of litigation. 5. The Father's position on custody is as follows: The Father denied that the Mother made a reasonable effort to notify when she was not available for weekend periods of custody and stated that he did not receive any calls from her until after he provided her attorney's office with his correct telephone number at their request. The Father indicated that after the Mother did not come for partial custodial periods for several weeks, he felt it was no longer necessary to make the Child available as he assumed she was no longer coming. The Father acknowledged that he did not feel he was required to return the Mother's telephone calls as he does not want anything to do with her. The Father stated that he was leaving the conference as he felt the Mother was determined to take him to Court anyway. 6. T his c ustody m atter h as a 1 ong a crimonious h istory i n w hich t here i s n of a ven m inimal communication between the parties. It is recommended that the hearing be scheduled as soon as possible as the conciliation conference was delayed for an extended period to ensure that the Father was able to participate during non-work hours It is expected that the hearing will require up to one- half day. The conciliator recommends an Order in the form as attached scheduling the hearing and providing for immediate resumption of the partial custody schedule pending hearing. jz 00? . d 0_,? Date Dawn S. Sunday, Esquire Custody Conciliator R M J. MARYANN DYARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2004-597 RUSSEL CLAYEY, : Civil Action - Law Defendant : In Custody AFFIDAVIT OF SERVICE I, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on October 25, 2006, she served a true and correct copy of the Pre- Trial Statement and the Court Order scheduling the Pre-Hearing Conference upon Russell Clavey, by mailing those documents to his address at 2 West Main Street, Apt. #2, Newville, PA 17241 by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, Russell Clavey. Respectfully submitted, SAIDIS, FLOWER & LINDSAY SAIDIS, LENDS AT[OIINEWAT• AAW 26 West High Street Carlisle, PA 1 Maryl u Matas, squire Attorney Id. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: I / 2- t J Counsel for Plaintiff ¦ 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: Pao Nelpiv)Iie, 16ff A. X 0 Agent 0 AddN~ B. Received by (!mod Name) 1 C. Date of Delivery D. Is delivery address dinerent from item 14 0 Yea If YES, enter delivery address below: 0 NO 3. Service Type FZertified Mail 0 Express MON 0 Registered ? Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fes) ftYes 2. Article Number 7004 1350 0003 7285 9323 (JiansAx from savics h, Ps Form 3811, February 2W4 Domestic Return Receipt 102595-02-M-1 540 USPS - Track & Confirm Trek & Confirm Search Results Page 1 of 1 Label/Receipt Number: 70041350 0003 7285 9323 Status: Delivered TrWk & I.Oaf6 Enter Label/Receipt Number. Your item was delivered at 10:21 am on October 25, 2006 in NEMALLE, PA 17241. Track & Confirm by email Get current event information or updates for your item sent to you or others by email. CoiD ® POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ©1999-2004 LISPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 10/31/2006 anuaso Home I Help rl ? ?' c ._, ` , d3 ? t ---t - C ,._ ?-...,? ' ^? •`,? C,,". i MARYANN DYARMAN, PLAINTIFF V. RUSSELL CLAYEY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-0597 CIVIL TERM ORDER OF COURT AND NOW, this 6 ? day of November, 2006, following a hearing, IT IS ORDERED: (1) The petition of Maryann Dyarman for special relief, IS GRANTED. (2) The mother Maryann Dyarman and the father Russell Clavey shall immediately proceed under the terms of the custody order of November 23, 2005, regarding their son, Dakota Shopp, born November 2, 1999 (the mother's first scheduled period with Dakota being on November 11 and 12, 2006). (3) The father shall deliver Dakota to the mother to start all her periods of temporary physical custody and the mother shall return Dakota to his father at the end of such periods. (4) If, through the end of the year, this order is not strictly followed the court should be advised. (5) The father shall pay the mother's filing fee of $50 to her attorney not later than Monday, December 4, 2006. ?dV r Marylou Matas, Esquire For Maryann Dyarman Russell Clavey, Pro se 2 West Main Street Newville, PA 17241 :sal (;' " 1 4.: ? ^ . {? ? ` t . .- ? ? `.? ... E..i ? .?_ .. J _..M1. } '.._ ?. S?? ?^.( ?f ?._.? t F t L.t ..,? .? ?? S;=> CV t.. MARYANN DYARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2004-597 RUSSEL CLAYEY, : Civil Action - Law Defendant : In Custody PRAECIPE TO WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Plaintiff, Maryann Dyarman, in the above-captioned matter. Respectfully Submitted, SAIDIS, FLOWER & LINDSAY Ma atas, Esq e Attorney d. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 (717) 243-6486 - facsimile Dated: V/ S ?U ?... Counsel for Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Maryann Dyarman, in the SA DIS, FWVVER & LINDSAY 26 West High Street Carlisle, PA above-captioned matter. Dated: Respectfully Submitted, Marya yarman 201 CbApground Road Carlisle, PA 17013 c_ J? MARY ANN DYARMAN, Plaintiff V. RUSSELL CLAYEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-0597 CIVIL PETITION FOR CONTEMPT AND NOW, comes the Petitioner/Plaintiff, Mary Ann Dyarman (hereinafter "Mother") by and through her attorney, Michael A. Scherer, Esquire and respectfully represents as follows: 1. On November 6, 2006 this Honorable Court granted Mother's Petition for Special Relief. A copy of the November 6, 2006 Order is attached hereto as "Exhibit A. 2. The November 6, 2006 Order of Court provided that the parties were to proceed under the terms of the November 23, 2005 Order of Court which is attached hereto as "Exhibit B." 3. The Court directed that Mother would have partial physical custody on alternating weekends from Saturday at 9:00 a.m. through Sunday at 6:00 p.m. 4. The November 6, 2006 Order of Court provided that Father shall deliver the child to Mother to commence Mother's periods of partial physical custody. 5. Without explanation, Father failed to deliver child to the Mother on Mother's regularly scheduled alternating weekends for the weekend of March 3, 2007, March 17, 2007, and March 31, 2007. 6. On March 3, 2007, Mother drove to Father's house to determine why Mother did not receive custody of the child and Father was not home. Father has not contacted mother to explain why he is not dropping the child off at mother's residence pursuant to the Order of Court. 7. The November 23, 2005 Order of Court provides that the June 1, 2004 Order of Court shall remain in effect, with certain exceptions. The June 1, 2004 Order of Court is attached hereto as "Exhibit C" and it provides for holidays at paragraph five. 8. Pursuant to paragraph 5A of the June 1, 2004 Order of Court, Mother was to receive partial physical custody on Christmas, 2006. 9. Despite Mother's call to Father on Saturday, December 3, 2006 attempting to confirm the holiday schedule, Father did not return Mother's telephone call and Mother did not see the child on Christmas. 10. Mother did by chance encounter Father at the Sheetz store on Route 11 on Christmas evening and Father avoided contact with Mother on that occasion. 11. The November 6, 2006 Order of Court provides Father to pay Mother's filing fee of $50.00 not later than December 4, 2006. 12. Father has not made payment as required by paragraph five of the November 6, 2006 Order. 13. This Honorable Court's Order of November 6, 2006 provides at paragraph four that "if, through the end of the year, this Order is not strictly followed the Court should be advised." 14. Father did not strictly follow the Court Order at Christmas, 2006. 15. Father has completely disregarded the Court Orders in this case of late. 16. Mother respectfully requests this Honorable Court not refer this matter to conciliation because Father has walked out of a conciliation in the past and has been totally uncooperative at conciliations and it is felt that a conciliation will not resolve any issues in this case and will expose Mother to additional legal fees unnecessarily. WHEREFORE, Mother respectfully requests this Honorable Court schedule a hearing on this Petition at which, a. Father is held in contempt. b. Father is redirected to pay Mother's filing fee as set forth in the November 6, 2006 Order; C. Father is ordered to pay Mother's filing fee for this Petition for Contempt, and; d. that Father is required to pay Mother's attorneys fees associated with this Petition for Contempt. Date: I ?,1 Respectfully Submitted, O'BRIEN, BARIC & SCHERER 114 f2l--- Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Petition for Contempt are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 14 - (,,? 62 7 '))Z?z rf Ann Dyarman MARYANN DYARMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSELL CLAYEY, DEFENDANT 04-0597 CIVIL TERM ORDER OF COURT AND NOW, this `*\-- day of November, 2006, following a hearing, IT IS ORDERED: (1) The petition of Maryann Dyarman for special relief, IS GRANTED. (2) The mother Maryann Dyarman and the father Russell Clavey shall immediately proceed under the terms of the custody order of November 23, 2005, regarding their son, Dakota Shopp, born November 2, 1999 (the mother's first scheduled period with Dakota being on November 11 and 12, 2006). (3) The father shall deliver Dakota to the mother to start all her periods of temporary physical custody and the mother shall return Dakota to his father at the end of such periods. (4) If, through the end of the year, this order is not strictly followed the court should be advised. (5) The father shall pay the mother's filing fee of $50 to her attorney not later than Monday, December 4, 2006. TRUE COPY FROM RECORD I i Testimony v.', unto set my hand do a seal or r!, -'•islz, Pa, f4...... U. . Q.ll,. !. Pro Exhibit "A" Marylou Matas, Esquire For Maryann Dyarman Russell Ciavey, Pro se 2 West Main Street Newville, PA 17241 :sal MARYANN DYARMAN Plaintiff VS. RUSSELL CLAVEY Defendant NOV 2 1 2005 IN THE COURT OF CO PLEAS OF _ CUMBERLAND COUNTY, P ? YEA- "- 04-597 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ??- day of /" ov?? , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Order. 1. The prior Order of this Court dated November 1, 2005 is vacated and replaced with this 2. The prior Order of this Court dated June 1, 2004, shall continue in effect, with the exception of Paragraph 4, which is modified by this Order. 3. The Mother shall have partial physical custody of the Child on alternating weekends, beginning November 12, 2005, from Saturday at 9:00 a.m. through Sunday at 6:00 p.m. The Child shall be supervised in the Mother's home during these periods by the Mother, the maternal grandfather or another responsible adult. 4. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 5. During years in which the Mother has custody of the Child for the weekend immediately following Thanksgiving and also does not work on the Friday after Thanksgiving, the Mother's holiday period of custody and weekend period of custody shall run continuously so that the Mother has custody of the Child from Thanksgiving Day at 3:00 p.m. through the following Sunday at 6:00 p.m. cc: Marylou Matas, Esquire - Counsel for Mother Russell Clavey, Father TRUE COPY FROM RECORD M TKtimony whwed,1 here unto set my hand W the foal of said Curt at Cad*, Pa. This 4 3, dew af___ ?s Exhibit B . . Prothonoterr Edward E. Guido J. MARYANN DYARMAN Plaintiff VS. RUSSELL CLAYEY Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-597 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dakota Shopp November 2, 1999 Father 2. A custody conciliation conference was held on November 11, 2005, with the following individuals in attendance: The Mother, Maryann Dyarman, with her counsel, Marylou Matas, Esquire, and the Father, Russell Clavey, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. ?Jdu&nk4n- 1?e C?005 Date Dawn S. Sunday, Esquire Custody Conciliator MAY 2 5 200 MARYANN DYARMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-597 CIVIL ACTION LAW RUSSELL CLAVEY Defendant IN CUSTODY ORDER OF COURT s AND NOW, this As day of t•?I?( 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated March 30, 2004 is vacated and replaced with this Order. 2. The Father, Russell Clavey, and the Mother, Maryann Dyarman, shall have shared legal custody of Dakota Shopp, bom November 2, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. Both parties shall have access to information concerning the Child's evaluation and treatment at the Stevens Center, including any status reports or information and recommendations. 3. The Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child on alternating weekends, from Friday at 6:00 pm through Sunday at 6:00 pm. The Child shall be supervised in the Mother's home during these periods by the Mother, the maternal grandfather or another responsible adult. Exhibit "C" 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In even numbered years, the Mother shall have custody of the Child from Christmas Eve at 4:00 pm through Christmas Day at 4:00 pm and the Father shall have custody from Christmas Day at 4:00 pm through December 26 at 4:00 pm. In odd numbered years, the Father shall have custody of the Child from Christmas Eve at 4:00 pm through Christmas Day at 4:00 pm, and the Mother shall have custody from Christmas Day at 4:00 pm through December 26 at 4:00 pm. B. THANKSGIVING: In every year, the Father shall have custody of the Child on Thanksgiving day until 3:00 pm and the Mother shall have custody from Thanksgiving Day at 3:00 pm through Friday at 3:00 pm. C. ALTERNATING HOLIDAYS: In even numbered years, the Father shall have custody of the Child on Easter and July e and the Mother shall have custody on Memorial Day and Labor Day. In odd numbered years, the Mother shall have custody of the Child on Easter and July 4th and the Father shall have custody on Memorial Day and Labor Day. The periods of custody under this provision shall run from 9:00 am until 6:00 pm on the holiday. D. MOTHER'S DAY / FATHER'S DAY: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from 9:00 am until 6:00 pm. E. CHILD'S BIRTHDAY: The Mother shall have custody of the Child in even numbered years and the Father shall have custody in odd numbered years during non- school time on the Child's birthday, with the specific times to be arranged by agreement between the parties. F. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. The Mother shall be entitled to have custody of the Child for two non-consecutive weeks during the summer school break each year upon providing at least thirty days advance notice to the Father. The Mother shall schedule her periods of vacation custody under this provision to include her regular weekend periods of custody. The Father may schedule his periods of vacation with the Child each year at any time during his regular periods of custody. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. 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. Unless it is specifically agreed otherwise between the parties, both parties shall strictly follow the custody schedule set forth in this Order. BY Edward E. Guido J. cc: Russell Clavey, Father Marylou Matas, Esquire - Counsel for Mother TRUE COPY FROM CbRD and in Yestimony whereof, J here unto set my and he seal of said Coutf a Carlisle, Pa. ... .. Th .i......... P MARYANN DYARMAN IN TEE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-597 CIVIL ACTION LAW RUSSELL CLAYEY Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dakota Shopp November 2, 1999 Father 2. A Conciliation Conference was held on May 19, 2004, with the following individuals in attendance: The Father, Russell Clavey, who was not represented by counsel, and the Mother's counsel, Marylou Matas, Esquire. The Mother, Maryann Dyarman, did not attend the conference due to circumstances which were unknown to her counsel. 3. The parties (the Mother, through counsel) agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquir Custody Conciliator S ? a r o0 a i b i i, APR 18 2007 MARY ANN DYARMAN, Plaintiff V. RUSSELL CLAYEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-0597 CIVIL ORDER OF COURT AND NOW, this 6 day of 14 , 2007, upon consideration of the within Petition for Contempt, a hearing is scheduled for the )7* day of 2007 at P 0 a.m./Pon. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Russell Clavey 2 West Main Street, Apt. 2 Newville, Pennsylvania 17241 v 7 3- L FILED-OFFICE OF THE c P?? ?"-'OOMOT'ARY 2001 APR 20 APB 11: 18 ufVIB:..A1 ?f Y{:? f. 11,. -J{ ffy MARY ANN DYARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. . CIVIL ACTION - LAW RUSSELL CLAYEY, Defendant 2004-0597 CIVIL TERM RE: ADJUDICATE DEFENDANT IN CONTEMPT ORDER OF COURT AND NOW, this 17th day of May, 2007, I adjudicate Defendant in contempt. You may purge yourself of contempt by strictly complying with the order. The alternate weekend periods of visitation will commence again on June 2, 2007. Byl the Cour Edgar B. Bayley, ichael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 Fo the Plaintiff us sell Clavey, Defendant Pro Se 2 West Main Street, Apt. 2 J Newville, PA 17241 pcb >- M,? cr r? .,- 7? tS t! +f l . ?J•? ..- 1`' .. ???? .._ }? ` -..?.4 C ? c?.? ?.? ??.1 MARY ANN DYARMAN, Plaintiff / Petitioner V. RUSSELL CLAVEY, Defendant / Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-0597 CIVIL IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Plaintiff/ Petitioner, Mary Ann Dyarman (hereinafter, "Mother"), by and through her attorneys, O'BRIEN, BARIC & SCHERER, and respectfully represents the following: 1. On November 23, 2005, an Order of Court was entered for custody in this matter, a true and correct copy of which is attached hereto and incorporated herein as Exhibit "A." 2. On November 6, 2006, an Order of Court was entered pursuant to Mother's Petition for Special Relief, a true and correct copy of which is attached hereto and incorporated herein as Exhibit "B." 3. Russell Clavey, Defendant / Respondent (hereinafter, "Father"), adamantly refused to follow the Order of Court which led to Mother's counsel filing a Petition for Contempt in April 2007, a true and correct copy of which is attached hereto and incorporated herein as Exhibit "C." 4. This Honorable Court granted Mother's Petition for Contempt after a hearing on May 17, 2007, a true and correct copy of which is attached hereto and incorporated herein as Exhibit "D." 5. Mother now requests that the Order for Contempt on May 17, 2007, modifying the November 6, 2006 Custody Order, modifying the November 23, 2005 Custody Order, be modified to accommodate Mother's work schedule. 6. Mother's employment requires her to work every other weekend. Her upcoming work schedule gives Mother off the weekends of September 15, September 29, October 13, and so forth. 7. Mother currently receives the child, Dakota Shopp, born November 2, 1999, every other weekend. Her upcoming custody schedule entitles her to custody of Dakota on the weekends of September 22, October 6, October 20, and so forth. 8. The weekends that Mother has off do not coincide with the weekends that Mother has custody of Dakota. 9. The Custody Order should be modified to enable Mother to spend more time with her son, Dakota. Said modification would be in the best interest of the child. 10. By way of further information, Mother's counsel sent Father a letter requesting that he acquiesce to this simple request, a true and correct copy of which is attached hereto and incorporated herein as Exhibit "E." However, Father failed to respond to said request. As such, this Petition to Modify is without the consent of the opposing party. 11. Furthermore, Mother requests that his Honorable Court not refer this matter to conciliation because Father has, in the past, been completely uncooperative at conciliations and has gone so far as to walk out on a conciliation. Accordingly, Mother's counsel feels that a conciliation conference would not only be unproductive, but would also cause Mother to incur additional and unproductive attorney fees. 12. Finally, Plaintiff believes that Paragraph 5 of the April 13, 2007 Petition for Contempt correctly listed Mother's custody weekends as March 3, March 17, March 31, and so forth. However, the May 17, 2007 Contempt Order commenced Mother's alternating weekends of custody beginning June 2, 2007. This Order inadvertently switched up the weekends that Mother had custody. The Order was entered pursuant to Mother's mistaken belief that she had off the weekend of June 2, 2007. Due to the lack of cooperation of Father, Mother was compelled to file this Petition with the Court in an effort to change the weekends Mother has custody of the child. WHEREFORE, Mother respectfully requests that this Honorable Court change the Order of Court and grant Mother custody of Dakota Shopp on alternating weekends beginning September 29, 2007. Respectfully submitted, O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Petitioner I.D. 203418 VERIFICATION I verify that the statements made in the forgoing Petition to Modify Custody are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unworn falsification to authorities. 111,14 Date: September 2007 -- M Ann yarman MARY ANN DYARMAN, Plaintiff / Petitioner V. RUSSELL CLAVEY, Defendant / Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-0597 CIVIL IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on September 1 2007, I, Robert J. Dailey, Esquire, of O'BRIEN, BARIC & SCHERER, did serve a copy of the Petition to Modify Custody by first class U.S. mail, postage prepaid, to the party listed below, as follows: Russell Clavey 2 West Main Street, Apt. 2 Newville, Pennsylvania 17241 Attorney for Petitioner EXHIBIT "A" Y MARYANN DYARMAN Plaintiff VS. RUSSELL CLAVEY Defendant NOV 2 1 2005 IN THE COURT OF CO PLEAS OF CUMBERLAND COUNTY, P 04-597 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this = day of? 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated November 1, 2005 is vacated and replaced with this Order. 2. The prior Order of this Court dated June 1, 2004, shall continue in effect, with the exception of Paragraph 4, which is modified by this Order. 3. The Mother shall have partial physical custody of the Child on alternating weekends, beginning November 12, 2005, from Saturday at 9:00 a.m. through Sunday at 6:00 p.m. The Child shall be supervised in the Mother's home during these periods by the Mother, the maternal grandfather or another responsible adult. 4. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 5. During years in which the Mother has custody of the Child for the weekend immediately following Thanksgiving and also does not work on the Friday after Thanksgiving, the Mother's holiday period of custody and weekend period of custody shall run continuously so that the Mother has custody of the Child from Thanksgiving Day at 3:00 p.m. through the following Sunday at 6:00 p.m. cc: Marylou Matas, Esquire - Counsel for Mother Russell Clavey, Father TRUE COPY FROM RECORD M TOW"Whemd. I here U010 ad ay hand MW do Nd of em can at CNINK -PL r Tlt? Edward E. Guido J. Y MARYANN DYARMAN Plaintiff vs. RUSSELL CLAVEY Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-597 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Dakota Shopp November 2, 1999 Father 2. A custody conciliation conference was held on November 11, 2005, with the following individuals in attendance: The Mother, Maryann Dyarman, with her counsel, Marylou Matas, Esquire, and the Father, Russell Clavey, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. /V 6VG+?1?L 14 ws Date Dawn S.. Sunday, Esquire Custody Conciliator EXHIBIT "B" 't MARYANN DYARMAN, PLAINTIFF V. RUSSELL CLAYEY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-0597 CIVIL TERM ORDER OF COURT AND NOW, this day of November, 2006, following a hearing, IT IS ORDERED: (1) The petition of_Maryann Dyarman for special relief, IS GRANTED. (2) The mother Maryann Dyarman and the father Russell Clavey shall immediately proceed under the terms of the custody order of November 23, 2005, regarding their son, Dakota Shopp, born November 2, 1999 (the mother's first scheduled period with Dakota being on November 11 and 12, 2006). (3) The father shall deliver Dakota to the mother to start all her periods of temporary physical custody and the mother shall return Dakota to his father at the end of such periods. (4) If, through the end of the year, this order is not strictly followed the court should be advised. (5) The father shall pay the mother's filing fee of $50 to her attorney not later than Monday, December 4, 2006. TRUE COPY FROM RECORD hi Testimony N, ;h ---- ' ' < - unto set rpy hand soaI ofi's' C?/a?r'isle; Pd. By the Edgar B. Bayley, J. ,, y r Marylou Matas, Esquire For Maryann Dyarman Russell Clavey, Pro se 2 West Main Street Newville, PA 17241 :sal EXHIBIT "C" MARY ANN DYARMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c7 N V. NO. 2004-0597 CIVIL RUSSELL CLAYEY Defendant ::. ? tau PETITION FOR CONTEMPT !? orn ( AND NOW, comes the Petitioner/Plaintiff, Mary Ann Dyarman (hereinafter "Mother") by and through her attorney, Michael A. Scherer, Esquire and respectfully represents as follows: 1. On November 6, 2006 this Honorable Court granted Mother's Petition for Special Relief. A copy of the November 6, 2006 Order is attached hereto as "Exhibit A." 2. The November 6, 2006 Order of Court provided that the parties were to proceed under the terms of the November 23, 2005 Order of Court which is attached hereto as "Exhibit B." 3. The Court directed that Mother would have partial physical custody on alternating weekends from Saturday at 9:00 a.m. through Sunday at 6:00 p.m. 4. The November 6, 2006 Order of Court provided that Father shall deliver the child to Mother to commence Mother's periods of partial physical custody. 5. Without explanation, Father failed to deliver child to the Mother on Mother's regularly scheduled alternating weekends for the weekend of March 3, 2007, March 17, 2007, and March 31, 2007. I 6. On March 3, 2007, Mother drove to Father's house to determine why Mother did not receive custody of the child and Father was not home. Father has not contacted mother to explain why he is not dropping the child off at mother's residence pursuant to the Order of Court. 7. The November 23, 2005 Order of Court provides that the June 1, 2004 Order of Court shall remain in effect, with certain exceptions. The June 1, 2004 Order of Court is attached hereto as "Exhibit C" and it provides for holidays at paragraph five. 8. Pursuant to paragraph 5A of the June 1, 2004 Order of Court, Mother was to receive partial physical custody on Christmas, 2006. 9. Despite Mother's call to Father on Saturday, December 3, 2006 attempting to confirm the holiday schedule, Father did not return Mothers telephone call and Mother did not see the child on Christmas. 10. Mother did by chance encounter Father at the Sheetz store on Route 11 on Christmas evening and Father avoided contact with Mother on that occasion. 11. The November 6, 2006 Order of Court provides Father to pay Mothers filing fee of $50.00 not later than December 4, 2006. 12. Father has not made payment as required by paragraph five of the November 6, 2006 Order. 13. This Honorable Court's Order of November 6, 2006 provides at paragraph four that "if, through the end of the year, this Order is not strictly followed the Court should be advised." 14. Father did not strictly follow the Court Order at Christmas, 2006 15. Father has completely disregarded the Court Orders in this case of late. 16. Mother respectfully requests this Honorable Court not refer this matter to conciliation because Father has walked out of a conciliation in the past and has been totally uncooperative at conciliations and it is felt that a conciliation will not resolve any issues in this case and will expose Mother to additional legal fees unnecessarily. WHEREFORE, Mother respectfully requests this Honorable Court schedule a hearing on this Petition at which, a. Father is held in contempt. b. Father is redirected to pay Mother's filing fee as set forth in the November 6, 2006 Order; C. Father is ordered to pay Mother's filing fee for this Petition for Contempt, and; 4 -78• 5" d. that Father is required to pay Mother's attorneys fees associated with this Petition for Contempt. if yDd. 62 - *) X Respectfully Submitted, Date: O'BRIEN, BARIC & SCHERER /I/" b_-' Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff EXHIBIT "D" v MARY ANN DYARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RUSSELL CLAVEY, Defendant 2004-0597 CIVIL TERM RE: ADJUDICATE DEFENDANT IN CONTEMPT ORDER OF COURT AND NOW, this 17th day of May, 2007, I adjudicate Defendant in contempt. You may purge yourself of contempt by strictly complying with the order. The alternate weekend periods of visitation will commence aaa n on June 2 ,2007. Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 For the Plaintiff Russell Clavey, Defendant Pro Se 2 West Main Street, Apt. 2 Newville, PA 17241 pcb JI EXHIBIT "E" Robert L. O'Brien David A. Baric Michael A. Scherer Robert J. Dailey August 28, 2007 Russell Clavey 2 W. Main St., Apt. 2 Newville, PA 17241 RE: Dvarom v. Clavey No. 2004-0597 In Custody Dear Mr. Clavey: Phone. (717) 249-6873 Fax: (717)'249-5755 Email. rdailev@gkt aw com It has been brought to my attention that Mary Ann would like to switch up the weekends that she has custody of Dakota Apparently there was some confusion regarding the weekends that Mary Ann has off / has to work. By switching the weekends, Mary Ann would be able to spend more time with Dakota and as such, it would be in the best interest of Dakota to have the weekends changed. Please contact our office to notify us of your acceptance. If you choose not to acquiesce, we will file a motion with the Court to have a hearing on this matter, if needed. As always, thank you for you cooperation in this matter. Very truly yours, RJD/ta cc: File Mary Ann Dyarman Law Vices O'BRIEN, BARK & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 O'BRIEN, BARIC & SCHERER Robert J. Dailey, Esquir R jd/DomestidDyarma/ClaveyLetter1 r.a cry r-n N r-n c,n -x ic,3 00 MARY ANN DYARMAN PLAINTIFF V. RUSSELL CLAVEY DEFENDANT . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA • 2004-0597 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 19, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, October 16, 2007 at 9:00 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/ Dawn S. Sunday, Esg_ 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 Air 0 b?Pw?I?`l?S,tia[?3d 91 : q 14d 61 d3S tOOZ ?a yl-b Ott WQNCAC)l d 3HI d0 30U.C c31La NOV 212007 EAS OF ARYANN DYARMAN IN THE CON CUMBERLD OUN Y, P NNSY VANIA M Plaintiff 04-597 CIVIL ACTION LAW vs. ' RUSSELL CLAVEY CUSTODY Defendant ORDER 2007 ,the conciliator, being advised by AND NOW, this 13th day of November, plaintiff s counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. FOR THE COURT, -DS. Sunday, Esquire Custody conciliator C? rv C q 0 . t`- ca OM N i R -? MARY ANN DYARMAN, Plaintiff V. RUSSELL CLAVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-0597 CIVIL ACTION - LAW : IN CUSTODY RELATED MATTERS The Honorable Edgar B. Bayley signed the previous Order of Court relative to custody in this matter. MARY ANN DYARMAN, Plaintiff V. RUSSELL CLAYEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-0597 CIVIL ACTION - LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT, entered into this a6p__ day of November 2007, by and between Russell Clavey (hereinafter, "Father") and Mary Ann Dyarman (hereinafter, "Mother") is executed in contemplation of becoming an Order of Court. WHEREAS, Russell Clavey and Mary Ann Dyarman (hereinafter, "the parties") are the parents of Dakota Shopp, born November 2, 1999 (hereinafter, "the child"); and WHEREAS, the parties are not married and living in separate residences; and WHEREAS, the parties wish to enter into this Stipulation and Agreement relative to the custody of the parties' child, Dakota Shopp. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: I. Father, Russell Clavey, and Mother, Mary Ann Dyarman, (hereinafter, collectively "the parties") shall have shared legal custody of their child, Dakota Shopp, born November 2, 1999 (hereinafter, "the child"). Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his 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 child including, but not limited to, medical, dental, religious or school records, as well as the residence address of the child 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 and planning meetings and evaluations with regard to the minor child. 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, extra-curricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Father shall have primary physical custody of the child. 3. Mother shall have partial physical custody of the child on alternating weekends, beginning October 13, 2007, from Saturdays at 9:00 a.m. through Sundays at 6:00 p.m. While in the care of Mother, the child shall be supervised by the Mother, the maternal grandfather or another responsible adult. 4. The relinquishing party shall be responsible to deliver the child to the receiving party. Specifically, Father shall be responsible for dropping Dakota off at Mother's residence on alternating Saturdays at 9:00 a.m. and Mother shall be responsible for dropping Dakota off at Father's residence on alternating Sundays at 6:00 p.m. 5. The parties shall share or alternate custody of the child on holidays as follows: D. Christmas i. In even numbered years, Mother shall have custody of the child from Christmas Eve at 4:00 p.m. through Christmas Day at 4:00 p.m. and Father shall have custody from Christmas Day at 4:00 p.m. through December 26 at 4:00 p.m. ii. In odd numbered years, Father shall have custody of the child from Christmas Eve at 4:00 p.m. through Christmas Day at 4:00 p.m. and Mother shall have custody from Christmas Day at 4:00 p.m. through December 26 at 4:00 p.m. E. Thanksgiving i. During the years in which Mother does not have custody of the child for the weekend immediately following Thanksgiving, Father shall have custody of the child on Thanksgiving Day until 3:00 p.m. and Mother shall have custody of the child from 3:00 p.m. Thanksgiving Day through Friday at 3:00 p.m. ii. During the years in which Mother does have custody of the child for the weekend immediately following Thanksgiving and also does not work on the Friday after Thanksgiving, Father shall have custody of the child on Thanksgiving Day until 3:00 p.m. and Mother shall have continuous custody of the child from 3:00 p.m. Thanksgiving Day through Friday and into Mother's weekend. Mother shall then return the child on Sunday at 6:00 p.m. F. Alternating olidays i. In even numbered years, Father shall have custody of the child on Easter and July 4th and Mother shall have custody of the child on Memorial Day and Labor Day. ii. In odd numbered years, Mother shall have custody of the child on Easter and July 4th and Father shall have custody of the child on Memorial Day and Labor Day. iii. Custody shall run from 9:00 a.m. through 6:00 p.m. D. Mother's Day, Father's Day i. In every year, Mother shall have custody of the child on Mother's Day. ii. In every year, Father shall have custody of the child on Father's Day. iii. Custody shall run from 9:00 a.m. through 6:00 p.m. E. Child's Birthday i. In even numbered years, Mother shall have custody of the child during non-school times. ii. In odd numbered years, Father shall have custody of the child during non-school times. iii. The specific times shall be arranged by agreement of the parties. F. The holiday custody schedule as laid out in Paragraph 5 shall supercede and take precedence over the regular custody schedule. 6. Mother shall be entitled to have custody of the child for two (2) non-consecutive weeks during the summer school break each year upon providing at least thirty (30) days advance notice to Father. Mother shall schedule her periods of vacation custody under this provision to include her regular weekend periods of custody. Father shall schedule his periods of vacation to include his regular weekend periods of custody. 7. The parties shall keep each other advised of their current address and telephone number. 8. Neither parent shall do or say anything, nor permit a third party to do or say anything that may estrange the child from the other party or injure the opinions of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. WHEREFORE, agreeing to be legally bound, the parties and their respective counsel do hereby affix their signatures. K? e7:?Z? Russell Clavey , Father, pro se yarman other Robert J. Dailey, 1( se Attorney for Mother Respectfully submitted, O'BRIEN, BARIC & SCHERER Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Mother 19 West South Street C 4 "TI -rz #?, r CD f ro Nov $ ?zoor MARY ANN DYARMAN Plaintiff IN THE COURT OF COMMON CUMBERLAND COUNTY, PLEAS OF V. ; PENNS YL VANIA RUSSELL CLAVEY, No. 2004-0597 . CIVIL ACTION -LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this is hereby made an Or day :and der of this Court all prior ders in this case 2007, the following 1. Father, Russell Clave e are hereby vacated: collectively "the parties") shall have sharedMot ler, Mary Ann D November 2, 1999 g custody of their child, D kota S opp born exercised jointly with the o her' "the child" er parent, to make all Parent shall have an equal right obe major including non-emergency education and religion. Pursuant to the but e not limited to, all decisions rega denisions affecting the to all records and information pertaining to the hi3 Pa.C.S. g his health, dental, religious school records, § 5309, each parent shall be entitled ds, as well as the resdide ce ad d but not limited to, medical, Parent. To the extent one parent has possession of an y such ress records of or the child inforhildmationand the other shall be required to share the same, or copies thereof, w , that parent reasonable time as to make the records and information ith the other Both parents shall be entitled to full reasonable u parent within such planning Parents shall meetings Participation in all ucationa use to the other parent. and evaluations with regard to the minor child. Ea d medical treatment and parent to full and complete information from any ph sici any reports given to them as y an, dentist, teacher or authority hall c entitled parents certificates , school or educational attendanceg, but not limited to? Y and copies of medical records, birth records or report cards. pictures, extra-curricular activities, children's Additionally, each any notices which come from school with regard to pent shall nights, and the entitled like. receive copies of an parties, musical presentations, back-to-s school chool 2. Father shall have primary physical custody of the child. 3. Mother shall have beginnin partial physical custody of the child on alternating weekends, g October 13, 2007, from Saturdays at 9:00 a.m. through Sundays at the care of Mother, the child shall be supervised another responsible adult. an by the Mother, , the maternal grandfather o rile in 4. The relinquishing party shall be responsible to deliver the child to the party. Specifically, Father shall be responsible for dropping Dakota off at receiving alternating Saturdays at 9:00 a.m, residence Mother's residenc Moth Father's residence on alternating Sundays a 6:0 all be responsible for dropping Dakota off at on S• The parties shall share or alternate custody of the child on holidays as follows: A. Christmas i. In even n child from Christmas Eve a b4 00 yews' Mother shall have cust and Father shall have custod p.m. through Chris °dY of the December 26 at 4:00 Y from Christmas Da tmas Day at 4:00 p.m y at 4:00 P.m. p.m. through ii. In odd numbered child from Christmas Eve yews' Father shall have custod and Mother shall have custod ? 00 p m' throe y of the December 26 at 4:00 Y from through Christmas Day at 4:00 Christmas Day at 4:00 p.m. p.m. p.m. through B. Thanks 1 • During the the child for the weekend immediately in which Mother does not have custody of shall have custody folio Mother shall custoe child on Th wing Thanksgiving, Father hav d o dnksgiving Day until 3:00 through Friday at 3.00 y of the child from 3;00 p•m Than p•m• and p•m• ksgiving Day ii. During child for the weekend immediately years in which Mother does have not work on the Friday followin custody of the the child on Th after Thanks ivin g Thanksgiving and also does anksgivin g g, Father shall have custody of continuous custod g Day unti13:00 Friday and into y of the child fro Am. and Mother shall have Mothers m 3:00 p.m. Thanksgiving Sunday at 6:00 Weekend. Mother shall then return Day through p'm' urn the child on C Alternatin Holida s 1• In even nu child on Easter mbered years, Father shall have custod Y of the Memorial D and July 4 and Mother shall have custody of the child on ii. In odd numbered child on Easter and July 4th and Fayears ther , Mother shall have custody Memorial Day and Labor Day shall have custod Y of the y of the child on iii. Custody shall run from 9:00 a.m. D. Mother's Da through 6:00 p.m. Father s Da 1 In every year, Mother shall have custod Mother s Day. y of the child on ii. In every year, Father shall have c Father's Day ustody of the child on Custody shall run from 9:00 a.m. through 6:00 p nl Child E 's Birthda 1• In even numbered ears child during non-school times. y 'Mother shall have custody of the ii. In odd numbered child during non-school times, years, lather shall have custody of the Parties. 'ii- The specific times shall be arranged by agreement of the F. The holiday custody and take precedence over the regular custdode as laid out in Paragra s y schedule. Ph S shall supercede 6• Mother shall be entitled to have cu weeks during the summer school break each stody of the child for two notice to Father. year upon Providing (2) non con advance provision to include her regular weekend Mother shall schedule her periods of vacation least thirty (30) _days vacation to include his regular weekend Periods of custody. anon secutive custody under this periods of custody . Father shall schedule his periods of number. 7• The parties shall keep each other advised of their current address and telephone anything 8• Neither parent shall do or say anything, nor permit a third Party other parent or which ma other p y to do or say party or injure the opinions of the child as to respect for the other may hamper the free and natural development parent. of the child's love and 9. This Order is entered pursuant to the agreement of the parties in accordance with the parties' Custody Stipulation and Agreement. 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. cc: obert J. Dailey, Esquire Attorney for Mother usell Clavey, pro se S Father c r? t C\i