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HomeMy WebLinkAbout09-6543 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -CUSTODY DAPHNE D. DORSEY Defendant : NO. Oq - 1,543 U, V l ?t°,?`Ih CUSTODY COMPLAINT 1. The Plaintiff is Scott M. Dorsey (hereinafter referred to as "Father"), who currently resides at 128 N. 17'h Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Daphne D. Dorsey (hereinafter referred to as "Mother"), who currently resides at 128 N. 17'b Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks shared legal and shared physical custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRTH Patrick J. Dorsey 128 N. 17' Street June 27, 1999 Camp Hill, PA 17011 The child was not born out of wedlock. The child is presently in the custody of both parents who currently both reside at 128 N. 17"' Street, Camp Hill, Cumberland County, Pennsylvania 17011. During the past five years, the child has resided with the following persons at the following addresses: NAMES OF PERSONS Scott M. Dorsey and Daphne D. Dorsey ADDRESSES 128 N. 17r" Street Camp Hill, PA 17011 DATES 9/ 1 /2004 to Present The Mother of the child is Daphne D. Dorsey, currently residing at 128 N.17'h Street, Camp Hill, Cumberland County, Pennsylvania 17011. She is married to the Plaintiff. Divorce is pending. The Father of the child is Scott M. Dorsey, currently residing at 128 N. 17'h Street, Camp Hill, Cumberland County, Pennsylvania 17011. He is married to the Defendant. Divorce is pending. Father will be vacating the marital home upon concluding the parties' divorce, which action shall be occurring in the immediate future. 4. The relationship of the Plaintiff to that of the child is that of Father. The Plaintiff currently resides with the following persons: NAME Daphne D. Dorsey Patrick J. Dorsey RELATIONSHIP Wife Child 5. The relationship of the Defendant to the child is Mother. The Defendant currently resides with the following persons: 2 NAME Scott M. Dorsey Patrick J. Dorsey RELATIONSHIP Husband Child 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. The Plaintiffhas no information of a custody proceeding concerning the child pending in any court of this Commonwealth or any other state. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by entering an order to this docket confirming the parties' agreed upon parenting plan by reducing same to a custody order. The purpose of this filing is to allow for the agreement to be placed of record and confirmed by court order. 10. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. 3 WHEREFORE, the Plaintiff requests the Court to grant the relief requested. DATE: September 25, 2009 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 717) 774-1445 SCOTT M. DORSEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -CUSTODY DAPHNE D. DORSEY, Defendant NO. VERIFICATION I, Scott M. Dorsey, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: September, 2009 OTT M. DO OF THEM 181 SEP 30 PM Is 16 41&5.50 Q A ATTj ?,? 3g98 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, Plaintiff V. DAPHNE D. DORSEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -CUSTODY STIPULATION REGARDING CUSTODY THIS AGREEMENT is made thiso ay of Yn , 2009, by and between -\5? 6tA_&/t Scott M. Dorsey, (hereinafter referred to as "Father") an adult individual residing at 128 N. 17th Street, Camp Hill, Cumberland County, Pennsylvania 17011, and Daphne D. Dorsey (hereinafter referred to as "Mother") an adult individual residing at 128 N. 17'hStreet, Camp Hill, Cumberland County, Pennsylvania 17011. WI77VESSETH WHEREAS, the parties are the natural parent of one (1) minor child, Patrick J. Dorsey, born June 27, 1999; WHEREAS, a custody action is being initiated simultaneously with this Stipulation Regarding Custody. WHEREAS, the parties have mutually agreed upon a custodial plan and desire to incorporate same into an order of court. NOW THEREFORE, the parties, intending to be legally bound, do agree as follows: 1. LEGAL CUSTODY. The parties agree to shared legal custody of the said child. The parties agree that major decisions concerning the child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. 'Each party shall notify the other of any activity or circumstance concerning' their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. PHYSICAL CUSTODY. Effective upon Father's relocation from the marital home after the conclusion of the parties' divorce, the parties shall share equally physical custody of the child, Patrick, on an alternating week basis. The exchange time shall be each Friday after school or 5:00 p.m if no school. Additionally, the non-custodial parent shall be entitled to visitation with the child on Tuesday of the other parent's week from after school or 5:00 p.m. if no school, until 8:30 p.m. 3. HOLIDAYS- a. Thanksgiving. In even years, Father shall have custody of the child for the entire Thanksgiving holiday vacation and school break. In odd years, Mother shall have custody of the child for the entire holiday vacation and school break. If both parties are in the Central Pennsylvania area (defined as a 25 mile radius of Carlisle) on Thanksgiving Day, the custodial parent shall allow the other parent from 6:00 p.m. on Thanksgiving Day until 12:00 noon on Friday after Thanksgiving Day. b. Christmas/New Years Holidays. The Christmas holiday will be shared. In odd years, Father shall have the child from commencement of his school beak until 12:00 noon on December 25th. Mother shall have custody from 12:00 noon on December 25th until December 31St. The child shall be returned to Father at 12:00 noon on December 31 St until start of school. The normally scheduled custodial parent (based on the alternating custody week) shall then resume his or her period of shared custody. In even years, Mother shall have the child from commencement of his school break until 12:00 noon on December 25th. Father shall have custody from 12:00 noon on December 25th until December 31 St. The child shall be returned to Mother at 12:00 noon December 31 St until start of school. The normally scheduled custodial parent (based on the alternating custody week schedule) shall then resume his or her period of shared custody. c. Easter: Based on the regular schedule for physical custody set forth in Paragraph 2 above, the non-custodial parent shall have custody of the child on Easter Day from 11:00 a.m. until 4:00 p.m. d. Memorial Day, July 4th and Labor Day: Based on the regular schedule for physical custody set forth in Paragraph 2 above, the non-custodial parent shall have custody of the child on the holidays of Memorial Day, July Ott' and Labor Day from 11:00 a.m. until 4:00 p.m. the day of the holiday. e. Child's Birthday: Based on the regular schedule for physical custody set forth in Paragraph 2 above, the non-custodial parent shall have custody of the child on his birthday from 5:00 p.m. until 9:00 p.m., if his birthday falls on a weekday. If the child's birthday falls on a weekend, the non-custodial parent shall have custody of the child on his birthday from 12:00 noon until 6:00 p.m. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. ., r . . IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: S SA . //h / - S OTT M. D Y L jj A 0 tr? L - y DAP D. DORSEY OF n€ RO2109 SEP 30 PA 1: 16 Z...' Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, Plaintiff V. DAPHNE D. DORSEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -CUSTODY NO. Qg - (o5g3 (2iv i ( f erm ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this day of G 09 upon consideration of the attached Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Scott M. Dorsey and Leslie D. Jacobson, Esquire, counsel for Defendant, Daphne D. Dorsey, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody dated September 25, 2009 is adopted as an Order of Court. FILE(?-'vt:%C;CE OF THE F t, 6NOTARY 2009 OCT -5 AM 9: 50 CUMB.h?? vL) -,'OUNTY PENNSYLVANIA GOD IE.S R44? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. DORSEY, Plaintiff V. DAPHNE D. DORSEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -CUSTODY NO. 09 - 6543 ACCEPTANCE OF SERVICE I, Leslie D. Jacobson, Esquire, hereby accept service and acknowledge receipt of the above- captioned Custody Complaint, on behal?,of my client, Daphne D. Dorsey, having received said Complaint on the day of / , 2009. I hereby indicate I am authorized by my client to accept service on her behalf. Leslie D. Jacobson, Esquire Atto ey for Defendant 150 erry Street, Suite A h%Wsburg, PA 17111-5260 (717) 909-5858 Supreme Court I.D.: 52673 7TH 2f09 Glo,1 14 Pii 3* 25 Buie: {-N i C _. . SCOTT M. DORSEY IN THE COURT OF COMMON PLEAS OF PL.AiNTIFF CUMBERLAND COUNTY, PENNSYLVANIA v' 2009-6543 CIVIL ACTION LAW DAPHNE D. DORSEY 1N CUSTODY DI~.FF:NDANT ORDER OF COURT AND NOW, Tuesday, March 02, 2010_ __ _ _, upon consideratior7 of the attached C;o~mplaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 25, 2010 at 9:30 AM for aPre-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 he heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry ofa 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. "I"HE COURT. By: /s/ ~ jacc~ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our oftice. All arrangements must be made at least 72 hours prior to any hearing or business bef~~re the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 1F YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOKTI-I BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7l7) 249-3166 Jf T1-!~ F~'{~pTA~' 1~l~ hAR _3 QM 10: 5a PENfivS1~.b',~~~A ..3-,~-mod ~~~~-c.~~ ~'u-~~ ~ a ~`~'~`~- Mark F. Bayley, Esquire BAYLEY & MANGAN 17 West South Street Carlisle, PA 17013 (717)241-2446 Supreme Court I.D.# 87663 SCOTT M. DORSEY, Plaintiff v. DAPHNE D. DORSEY, Defendant C"a ~ ~3 ~ `= ti ,~ m ~• U~ +'_- p.,,, ~~./ ,~". ~. C; ,U .;. r 3 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.2009-6543 CIVIL TERM IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Daphne Dorsey by and through her attorney, Mark F. Bayley, and i~ support of the within motion avers as follows: 1. The Honorable Kevin A. Hess was previously assigned to the within matter. 2. The Petitioner is Daphne Dorsey, who is an adult individual residing at 128 N 17`~ Street, Camp Hill, Cumberland County, Pennsylvania. 3. The Respondent is Scott M. Dorsey, who is an adult individual residing at 2106 Mayfred Lane, Camp Hill, Cumberland County, Pennsylvania. 4. The parties are the natural parents of Patrick Dorsey, born June 27, 1999. 5. Prior Orders were entered in this matter on April 12, 2010 (attached as "Exhibit A") and October 5, 2009 (attached as "Exhibit B"). -t ~!_ -,... r-~ t} r.,, l , r ' d:;~ x -f _.., ~ ~, ~~, .I a~ ~ ~3.~~ ~~ ~~ a a ~~t~3 6. Petitioner now seeks a right of first refusal provision and wishes to resolve other, matters that have been troubling the parties in relation to the current custodial arrangement. WHEREFORE, Petitioner requests entry of the attached scheduling order. Respectfully submitted, BAYLEY & MANGAN Date: ark F. Bayley, uire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Defendant 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. Cons. Stat. § 4904 relating to unsworn falsification to authorities. ~- /~ _ ~o2 Date Dap e Dorsey aPR a'~ 200 SCOTT M. DORSEY, Plaintiff v. DAPHNE D. DORSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-6543 IN CUSTODY ORDER OF COURT CIVIL ACTION -LAW AND NOW, this ~~day of , 2010, upon consideration of the attached Custody Conciliati n Report, it is ordered and directed as follows: 1. The prior Order of Court dated October 5, 2009 shall remain in full force and effect with the following modification. 2. Both parties shall be entitled to exercise 6 vacation days per year provided they give the other parry 30 days prior notice. 3. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisioris of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, lrl /i.nn ,.. ,~. ~Ail~ cc: Barbara Sumple-Sullivan, Esquire, Counsel for Father Leslie D. Jacobson, Esquire, Counsel for Mother TRUL CORY FROM REC~JI M Testimony whereof, I here unto set n anu tha/se of said C rt at rtisle, F This _JfGY ~ ~~~~ 20 Prc:ih hand Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 SCOTT M. DORSEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL. ACTION -CUSTODY DAPHNE D. DORSEY, Defendant : NO. (fa - ta5~F3 ~~Vt t Tern ORDER ADOPTING STII'ULATION OF PARTIES AND NOW, to wit, this ~_ day of ~ 2009 upon consideration the attached Stipulation for Custody and on motion of Barbara Sample-Sullivan, Esqui counsel for Plaintiff, Scott M. Dorsey and Leslie D. Jacobson, Esquire, counsel Defendant, Daphne D. Dorsey, it is hereby ordered, adjudged and decreed that the conditions and provisions of the attached Stipulation for Custody dated September 25, is adopted as an Order of Court. BY THE COURT, ~~~~ C~ ~1~.~1~ ~~C~ !n T~_j:m~-•~ ,r,.E?~r-:c, i ~;s ~.~ta x~t m~ h are iha ;~3i~U sa;J ~a~rt at ~ar~isie, Pa. This .,~i~ ~-: tray _of..t ...........~C Prot!wnotary ~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 SCOTT M. DORSEY, Plaintiff v. DAPHNE D. DORSEY, Defendant IN THE COURT OF COMMON PLEE~.S CUMBERLAND COUNTY, PENNS~r'L~IANIA ' ~ ~ o. :CIVIL ACTION -CUSTODY ' ",~~~ ~ ~ ' i w y NO. ~ c O ~. .. STIPULATION REGARDING CUSTODY ,~ THISAGREEMENT is made thi9~~7' day o ) , 2009, by and Scott M. Dorsey, (hereinafter referred to as "Father") an adult individual residing at 128 N 17~' Street, Camp Hiil, Cumberland County, Pennsylvania 17011, and Daphne D. (hereinafter referred to as "Mother") an adult individual residing at 128 N. 17`h Street, Hill, Cumberland County, Pennsylvania 1701 1. WITNESSETS WHEREAS, the parties are the natural parent of one (1) minor child, P;itrick J. Dorsey, born June 27, 1999; WHEREAS, a custody action is being initiated simultaneously with this Stipulation Regarding Custody. WHEREAS, the parties have mutually agreed upon a custodial plan and desire to incorporate same into an order of court. NOW THEREFORE, the parties, intending to be legally bound, do a€~r~~e: as follows 1. LEGAL CUSTODY. The parties agree to shared. legal custody oi~the sa child. The parties agree that major decisions concerning the child, includin but not necessarily limited to, the child's health, welfaze, education, religioi training and upbringing shall be made by them jointly, after discussion ar consultation with each other, with a view toward obtaining and following harmonious policy in the child's best interest. Each party agrees nc-t to impa the other party's rights to shared legal custody of the child. Each party agree not to attempt to alienate the affections of the child from the other party. Ea< party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other. Day ~ day decisions shall be the responsibility of the parent then having physic custody. With regard to any emergency decisions which must be made, tl parent having physical custody of the child at the time of the emergency sha be permitted to make any immediate decisions necessitated thereby. Howeve that parent shall inform the other of the emergency and consult with him or h. as soon as possible. Each party shall be entitled to complete and fu information from any doctor, dentist, teacher, professional or authority and t have copies of any reports given to either party as a parent. 2. PHYSICAL CUSTODY. Effective upon Father's relocation from the marital home after the conclusion of the parties' divorce, the parties shall share equally physical custody of the child, Patrick, on an alternating week basis. The exchange time shall be each Friday after school or 5:00 p.rn. if no school. Additionally, the non-custodial parent shall be entitled to visitation with the child on Tuesday of the other parent's week from after school or 5:00 p.m. if no school, until 8:30 p.m. 3. HOLIDAYS- a. T6~nksgiving. In even years, Father shall have custody of the child for the entire Thanksgiving holiday vacation and school break. In odd years, Mother shall have custody of the child for the entire holiday vacation and school break. If both parties aze in the Central Pennsylvania area (defined as a 25 mile radius of Carlisle) on Thanksgiving Day, the custodial parent shall allow the other pazent from b:00 p.m. on Thanksgiving Day until 12:00 noon on Friday after Thanksgiving Day. b. Christmas/Ne~rYesrs Holidays. T'he Christmas holi~i, ry ~~i11.'ae shared... In odd years, Father shall have the child fiom com_rrt,:;ncemt;nt of his school beak. until 12:00 noon on December 25~'. AT,::>ther shall have custody from 12:00 noon on December 25t~' until Dec:;tuber 31St The child shall be returned to Father at 12:00 noon on December 31St until start of school. The normally scheduled custodial parent (based on th alternating custody week) shall then resume his or her period of shareli custody. In even years, Mother shall have the child from commencement of h~s school break until 12:00 noon on December 25t". Father shall havie custody from 12:00 noon on December 25t" until December 31St. Thy child shall be returned to Mother at 12:00 noon December 31 St until stmt of school. The normally scheduled custodial parent (based on thle alternating custody week schedule) shall then resume his or her period ~f shared custody. e. Easter: Based on the regular schedule for physical custody set ', forth in Pazagraph 2 above, the non-custodial parent shall have custody of the child on Easter Day from 11:00 a.m. unti14:00 p.m. d: Memorial Day, July 4"` and Labor Day: Based on the regular '', schedule for physical custody set forth in Paragraph 2 above, thel non-custodial pazent shall have custody of the child on the ', holidays of Memorial Day, July 4`" and Labor Day from 11:00 a.m. unti14:00 p.m. the day of the holiday. e. Child's Birthday: Based on the regular schedule for physical custody set forth in Pazagraph 2 above, the non-custodial parent shall have custody of the child on his birthday from 5:00 p.m. until 9:00 p.m., if his birthday falls on a weekday. if the child's birthday falls on a weekend, the non-custodial parent shall have custody of the child on his birthday from 12:00 noon unti16:00 p.m. ', IN WITNESS WI~REOF, the parties hereto acknowledge that they are entering i{n i to this Agreement with the full knowledge that this Agreement shall be entered as a courq order with the same force and effect as if a full hearing on this matter has been held IN WITNESS WHEREOF, the parties hereto, aft~.r full d isclosur~ ~ , r °;r ~i ::~g, to be legally bound, have signed, sealed and acknowledged this Stip~a',atior.-. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: ~~ TI' M. DO ~' ~i., DAP D. DORSEY ~ _. _ ~; +,. J SCOTT M. DORSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVAl v. :CIVIL ACTION -LAW DAPHNE D. DORSEY, : N0.2009-6543 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the within document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 ' 1 I ~ Mark F. Bayley, Esquire SCOTT M. DORSEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAI `. M V. 2009-6543 CIVIL ACTION LAW =7:; G-:; DAPHNE D. DORSEY IN CUSTODY _ (DEFENDANT ORDER OF COURT AND NOW, Monday, August 20, 2012 -,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, September 19, 2012 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/ , jaegueline M. Verney, Esg Custody Conciliator ThIe Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabililtes 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 of 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 ? Scof L?ors ? . ? ? _.3a vPh;1e //N. e12- ,/Z- SCOTT M. DORSEY, IN THE COURT OF COMMON PLEAS. OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. . CIVIL ACTION - LAW DAPHINE D. DORSEY, Defendant 2009-6543 CIVIL TERM IN RE: IN CUSTODY ORDER OF COURT AND NOW, this 15th day of November, 2012, after having had a hearing in this matter and pursuant to a partial agreement between the parties regarding the holiday schedule for 2013 and regarding the issue of when 6 days of vacation shall be taken during the year, and it being left up to this Court the issue regarding the right of first refusal, it is hereby ordered and directed as follows: 1. The prior Order of Court dated October 5, 2009, by Judge Hess shall remain in full force and effect with the following modifications: (a) the provision of the October 5, 2009, order of Court dealing with physical custody (paragraph 2 of that order) shall be amended such that the last line of paragraph 2 of that Order of Court shall be deleted and the following language shall be added: the noncustodial parent shall be entitled to visitation with the child on Tuesday of the other parent's week from after school, or 5:00 p.m. if no school, until the beginning of school the following day, or 9:00 a.m. if no school. (b) both parties shall be entitled to exercise 6 vacation days per year, except that the holiday schedule contained in the Order of Court dated October 5, 2009, shall control over vacation days unless expressly agreed to otherwise by the other party. (c) the holiday schedule in the October 5, 2009, Order of Court shall control, except that in the year 2013, father shall exercise custody of the child for a planned vacation during the 2013 Thanksgiving holiday, provided he gives notice to the mother of the vacation times, dates and location as already provided for in the existing Order of Court. Mother shall then be entitled to makeup time with the child during father's regularly scheduled 2013 Christmas time with the child in equal proportion to the number of nights she had given up during the Thanksgiving holiday in 2013, except that father shall retain custody of the child for the 2013 Christmas holiday from Christmas Eve at 9:00 a.m. until noon on Christmas day. In the event father does not go on a vacation during the 2013 Thanksgiving holiday as provided for herein, then the holiday schedule shall revert back to the holiday schedule already provided for in the October 5, 2009, Order of Court. (d) mother shall retain possession of the child's passport, except that in the event father wants to use the passport for the child for a scheduled vacation, and as long as he has provided the appropriate notices as required under the previous Orders of Court, then mother shall give father the passport of the child not less than 10 days in advance of the scheduled vacation. Father shall return the child's passport to the mother within 10 days after returning from the scheduled vacation. (e) Right of First Refusal. In the event that either party is out of town and not able to be personally present to supervise the child for 3 consecutive days or more, then the other party shall be offered the right of first refusal to supervise the child from between the times of the absent party's departure and the time of their return. All such offers of first refusal shall be given to the other party with as much advance notice as is reasonably possible. 2. The previous Order of Court dated April 12, 2010, is hereby vacated. By the Court, ,~ ~ ~,~~ Christy e L. Peck, J. ~$arbara For the ,~1Clark F . For the pcb Sumple-Sullivan, Esquire Plaintiff Bayley, Esquire Defendant J :_ ~ r., L t.~ ~~ ~ ~' ~~ ~~ rv ~h:. ' ~- -~ :~ , ~~-, ~ -rLL ~ rrt .,