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HomeMy WebLinkAbout08-5603ALEXANDRA F. DOTSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008 - qM 3 CIVIL TERM ROBERT T. DOTSON, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Alexandra F. Dotson, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Alexandra F. Dotson, is an adult individual with an address of 74 Longstreet Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Robert T. Dotson, is an adult individual with an address of P. O. Box 95, Tuxedo Park, New York 10987. 3. The parties are the natural parents of one (1) minor child, namely, Olivia R. Dotson, born December 8, 2007. 4. The Plaintiff, Alexandra F. Dotson, desires that the parties have shared legal custody of said minor child, Olivia R. Dotson. 5. The Plaintiff, Alexandra F. Dotson, desires primary physical custody of said minor child with periods of temporary physical custody to Defendant, Robert T. Dotson, as the parties can agree. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiffs request as set forth above. WHEREFORE, the Plaintiff, Alexandra F. Dotson, respectfully requests that she be awarded primary physical custody and shared legal custody of Olivia R. Dotson as provided herein, with periods of temporary physical custody to Defendant, Robert T. Dotson as provided herein. Respectfully submitted, IRWIN & McKNIGHT ? ?? By: Marc s A. M , Esquire or Plaintiff 60 t Pomfret Street Carlisle, Pennsylvania 17013 222 (717) 249-2353 Supreme Court I. . 25476 Date: September 22, 2008 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. ALE RA F. DOT30Tfi- Date: September 22, 2008 'T V' v 5 n r--;D c°ca t'J N I? 4?+ C1 G?" ALEXANDRA F. DOTSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2008-5603 CIVIL ACTION LAW ROBERT T. DOTSON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, September 26, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, November 05, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn . Man an r. 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 9 £ *Z d R d3S 90OZ AbViON,?i "'Hi JO ALEXANDRA F. DOTSON, Plaintiff/Petitioner V. ROBERT T. DOTSON, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW • SG03 2008 - 4652 CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, this 1 st day of October 2008, comes the Plaintiff/Petitioner, Alexandra F. Dotson, by her attorneys, Irwin & McKnight, and makes the following Petition for Special Relief against the Defendant/Respondent, Robert T. Dotson, as follows: 1. The Plaintiff, Alexandra F. Dotson, is an adult individual with an address of 74 Longstreet Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Robert T. Dotson, is an adult individual with an address of P. O. Box 95, Tuxedo Park, New York 10987. 3. The parties are the natural parents of one (1) minor child, namely, Olivia R. Dotson, born December 8, 2007. 4. The Petitioner has filed a custody action at 2008-5603 in Cumberland County, a copy of that Complaint is attached hereto and marked as Exhibit "A". 5. A Custody Conciliation Conference is set for Wednesday, November 5, 2008 at 8:30 a.m. 2 6. There has been physical abuse of the Petitioner by the Respondent which caused the parties to separate. 7. The Petitioner seeks a temporary Order of Court which grants the parties shared legal custody of the minor child, Olivia R. Dotson, now ten (10) months of age, with primary physical custody to the Petitioner with periods of temporary physical custody to the Respondent as the parties agree is in the best interest of said minor child. WHEREFORE, the Petitioner, Alexandra F. Dotson, seeks a temporary Order of Court until November 5, 2008, as follows: A. The parties, Alexandra F. Dotson and Robert T. Dotson, will have shared legal custody of Olivia R. Dotson, born December 8, 2007, age ten (10) months. B. The mother, Alexandra F. Dotson, will have primary physical custody of Olivia R. Dotson with periods of temporary physical custody to the father, Robert T. Dotson, as the parties agree is in the best interest of said minor child. Respectfully submitted, IRWIN & McKNI HT By: Marcus ig s 60 We Pom et Str et Carlis e, PA 1 13 717-2 9-2353 Supreme Court I.D. No: 25476 Attorney for the Plaintiff/Petitioner, Alexandra F. Dotson Date: October 1, 2008 3 ALEXANDRA F. DOTSON, Plaintiff/Petitioner V. ROBERT T. DOTSON, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 4652 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Robert T. Dotson P. O. Box 95 Tuxedo Park, New York 10987 By: Date: October 1, 2008 IRWIN & McKNIGHT 60 West Pomfret reet Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 5 EXHIBIT "A" ALEXANDRA F. DOTSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-5603 CIVIL ACTION LAW ROBERT T. DOTSON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, September 26, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, November 05, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn . Mangan, r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania (tkUE 00"v, r rrCTelephone 24 ?? RECEIVED (717) 9In imon; \A'l"_ r t r:,y hand and the seal of sj; SEP 3 0 2008 h I u l r d. Q09 _i_l This ............. :. day IRWIN b WKttIi;t! ........ onotar. ? 1J1w or:t:ICE? Prothonotary AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72-hours prior to any hearing or business before the court. You must attend the scheduling conference or-hearing. ALEXANDRA F. DOTSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW cn ? SW -3 CIVIL T* 2008 - . - m? ROBERT T. DOTSON, 6 tv ro rrr: Defendant ter.. IN CUSTODY C7 r_ COMPLAINT FOR CUSTODY 6 m AND NOW comes the Plaintiff, Alexandra F. Dotson, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Alexandra F. Dotson, is an adult individual with an address of 74 Longstreet Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Robert T. Dotson, is an adult individual with an address of P. O. Box 95, Tuxedo Park, New York 10987. 3. The parties are the natural parents of one (1) minor child, namely, Olivia R. Dotson, born December 8, 2007. 4. The Plaintiff, Alexandra F. Dotson, desires that the parties have shared legal custody of said minor child, Olivia R. Dotson. 5. The Plaintiff, Alexandra F. Dotson, desires primary physical custody of said minor child with periods of temporary physical custody to Defendant, Robert T. Dotson, as the parties can agree. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, the Plaintiff, Alexandra F. Dotson, respectfully requests that she be awarded primary physical custody and shared legal custody of Olivia R. Dotson as provided herein, with periods of temporary physical custody to Defendant, Robert T. Dotson as provided herein. Respectfully submitted, IRWIN & McKNIGHT By: / 4- I, Esquire Marc s A. M Kul or Plaintiff 60 st Pomfret Street Carlisle, Pennsylvania 17013 222 (717) 249-2353 Supreme Court I. 25476 Date: September 22, 2008 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. ALE DRA F.'DOWTM Date: September 22, 2008 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. A F. DOTSON Date: A l za 4 ALEXANDRA F. DOTSON, Plaintiff/Petitioner V. ROBERT T. DOTSON, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 4652 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Robert T. Dotson P. O. Box 95 Tuxedo Park, New York 10987 IRWIN & McKKIGHT By: Marcus A. McILOght, III, Esquire 60 Wes Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: October 1, 2008 W Q t "(, ALEXANDRA F. DOTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT T. DOTSON, CIVIL ACTION -LAW Defendant/Respondent NO. 2008-5603 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of October, 2008, a hearing on the within petition for an order of special relief shall be conducted in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 2:30 p.m. on Thursday, October 9, 2008. By the Court, '*?' -?' (?4 1 Edgar B. Bayley, P.J. /Marcus A. McKnight, III, Esquire For the Plaintiff/Petitioner /Robert T. Dotson P.O. Box 95 Tuxedo Park, NY 10987 :lfh LL ?vl a?vv? ce) : ? cvn i . "Ob ALEXANDRA F. DOTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ROBERT T. DOTSON, Defendant NO. 08-5603 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of October, 2008, this matter having been called on a petition for special relief for the entry of a temporary custody order pending a further order to be entered following a conciliation conference scheduled for November 5, 2008, and the parties having reached an agreement, IT IS ORDERED: 1. Alexandra F. Dotson and Robert T. Dotson shall have shared legal custody of Olivia R. Dotson born December 8, 2007. 2. Olivia shall be with her mother except for the following times when she shall be with her father: (a) From 4:00 p.m. to 8:00 p.m. today, October 10, 2008. (b) From 7:00 p.m. Friday, October 10, 2008, to 7:00 p.m. Sunday, October 12, 2008. The mother shall deliver Olivia to her father to start this period by meeting him at a Pizza Hut in Allentown, Pennsylvania, at the intersection of Interstate 78 and Route 222. The father shall return Olivia to the mother at the same location. (c) The same arrangement as set forth in subparagraph (b) shall occur from Friday, October 24, 2008, at 7:00 p.m. until Sunday, October 26, 2008, at 7:00 p.m. The provisions in this temporary order pending conciliation shall not prejudice either party to submit any i , lob claims regarding the primary physical custody or legal custody of the child. Marcus A. McKnight, Esquire For Plaintiff/Petitioner Robert T. Dotson P.O. Box 95 Tuxedo Park, NY 10987 Sheriff prs CD r? e? C C-D r NOV 0 7 20080, oil C ALEXANDRA F. DOTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-5603 CIVIL ACTION LAW ROBERT T. DOTSON, IN CUSTODY Defendant Prior Judge: Edgar B. Bayley, P.J. ORDER OF COURT AND NOW this ___I'Lday of November 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Robert Dotson, and the Mother, Alexandra Dotson, shall have shared legal custody of Olivia R. Dotson, born 12/08/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her 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, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of the Child at a minimum of one time per month from 7:00 pm Friday until 7:00 pm Sunday. Father shall provide the transportation as long as the automobile is reliable. Father shall give Mother at least ten (10) days' advance notice of the requested weekend. b. Father shall have physical custody of the Child for the weekend after Thanksgiving from 7:00 pm Friday until Sunday 7:00 pm. Father shall provide the transportation as long as the automobile is reliable. C. Father shall have physical custody of the Child during the Christmas holiday as the parties may agree. In the absence of agreement, either party may contact the assigned conciliator for determination. d. Father shall have physical custody of the Child at such other times in this jurisdiction as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Neither party may say or do anything nor permit a third parry to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. AW 5. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 6. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 7. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 8. A status update conference is scheduled January 20, 2009 at 11:00 am. The parties may appear telephonically as desired. Distribution: Marcus McKnight, III, Esq. Robert Dotson, P.O. Box 95, John J. Mangan, Esquire Tuxedo Park' , New York 10987 //- i2 -'0 8 Q >-- ..x CO cjm n hi ALEXANDRA F. DOTSON, Plaintiff V. ROBERT T. DOTSON, Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5603 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Olivia R. Dotson 12/08/2007 Primary Mother 2. A Conciliation Conference was held with regard to this matter on November 05, 2008 with the following individuals in attendance: The Mother, Alexandra Dotson, with her counsel, Marcus A. McKnight, III, Esq. The Father, Robert Dotson, pro se 3. An Order of Court was issued October 9, 2008 4. The parties agreed to the entry of an Order in the form as attached. Date John gan, Esquire Custo y onciliator Fk_B 0 2 zcjj ,? G? ALEXANDRA F. DOTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-5603 CIVIL ACTION LAW ROBERT T. DOTSON, IN CUSTODY Defendant Prior Judge: Edgar B. Bayley, P.J. ORDER OF COURT AND NOW this _2*14- day of February 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders of Court are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Robert Dotson, and the Mother, Alexandra Dotson, shall have shared legal custody of Olivia R. Dotson, born 12/08/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her 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, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Father shall have physical custody of the Child at a minimum of one time per month from 7:00 pm Friday until 7:00 pm Sunday. The exchange location shall be in Allentown, PA at the Pizza Hut on Route 222. Father shall give Mother at least ten (10) days' advance notice of the requested weekend. b. Father shall have physical custody of the Child during holidays as the parties may agree. C. Father shall have physical custody of the Child at such other times in this jurisdiction as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 7. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 9. In the event that there is a significant change in circumstances; i.e. Father moving closer to this jurisdiction, either party may file a Petition to Modify the instant Order. istribution: arcus McKnight, III, Esq. ./ R bert Dotson, P.O. Box 95, hn J. Mangan, Esquire 14>f l reS M.al tCL Tuxedo Park, New York 10987 j M ;r- c. 3 G Ck- M N ALEXANDRA F. DOTSON, Plaintiff V. ROBERT T. DOTSON, Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5603 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Olivia R. Dotson 12/08/2007 Primary Mother 2. A Conciliation Conference was held with regard to this matter on November 05, 2008, an Order issued November 12, 2008 and a status conference was held January 30, 2009 with the following individuals in attendance: The Mother, Alexandra Dotson, via telephone and represented by her counsel, Marcus A. McKnight, III, Esq. The Father, Robert Dotson, pro se via telephone 3. An Order of Court was issued October 9, 2008. 4. The parties agreed to the entry of an Order in the form as attached. U Date John J gan, squire Cust dy onciliator