Loading...
HomeMy WebLinkAbout00-02581 NMANDRE K. SANDERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSX-4VANIA`=' ; . VS. NO. 00-2581 CIVIL TERM r? -n ;Tim ELIZABETH STOTLER , Defendant CUSTODY. c? ,..Z ` ? PETITION FOR CONTEMPT AND MODIFICATION Plaintiff, Andre K. Sanders, by and through his counsel, MidPenn Legal Services, states the following: 1. Plaintiff, hereinafter referred to as Father, resides at 32 North East Street - Apartment 2, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, also known as Elizabeth Stotler Sanders, hereinafter referred to as Mother, has a last known address at 26 South East Street, Carlisle, Cumberland County, Pennsylvania 17013. Mother has since moved to Mount Holly Springs and refuses to provide Father with her new address. 3. The above-named parties are the natural parents of Chelsie Stotler, born February 25, 1999. 4. A custody order was entered in this case on April 25, 2000, by The Honorable Kevin A. Hess. The Order, in pertinent part, gives the parties shared legal custody. Father and Mother shared physical custody with Father having three overnights each week and during the day while Mother was at work. Mother had physical custody at all other times. (See attached Exhibit A) 5. Mother has willfully disobeyed the current Order, and is not acting in Ch.elsie's best interests in ways including, but not limited to, the following: a. Mother has unilaterally decided to limit Father's ability to have visits with Chelsie and does not allow Father to exercise his periods of partial physical custody with Chelsie. b. Mother has refused to work cooperatively with Father to help ensure an ongoing father/daughter relationship with Chelsie. c. Mother has moved from Carlisle to Mount Holly Springs and claims to not transportation to ensure Father has his visits with Chelsie. Despite Mother's claims of no transportation, Mother has not withdrawn Chelsie from the school she attended while living in Carlisle and is frequently seen in Carlisle. d. Mother has refused to provide Father with her new address and has not changed Chelsie's information on her school records, leaving Father unable to have or maintain consistent contact with Chelsie. e. Mother's behavior suggests an attempt to cause Father to become estranged from Chelsie and she is deliberately interfering with the father/daughter relationship Father had previously established with Chelsie. 6. Father is entitled to a modification of the current order, which is in Chelsie's best interest, for reasons including but not limited to the following: a. Father has sought to maintain a relationship with Chelsie, despite various situations that have negatively impacted his own life. b. Father has a safe and stable home environment in which to exercise periods of partial physical custody with Chelsie. Moreover, when Mother and Chelsie lived in Carlisle, Chelsie frequently walked to Father's house and was with him on almost a daily basis. c. Father is committed to maintaining establishing his father/daughter relationship with Chelsie. d. Father is willing to work with Mother to cooperatively co-parent Chelsie. 7. Counsel for Father has contacted the Family Law Clinic which previously represented Mother. The Family Law Clinic no longer represents Mother and it is unknown whether Mother would concur with the relief requested in this petition. WHEREFORE, Father respectfully requests that this Court find the following: a. Respondent is in contempt of the April 25, 2000, Custody Order. b. This matter is scheduled for conciliation. c. That the parties shall share legal custody of Chelsie. d. Father's visits with the child shall immediately be reinstated in accordance with the custody schedule and accommodating the child's school schedule. Receiving party shall be responsible for providing transportation. e. The parties shall have reasonable contact via telephone and written correspondence with the child when she is in the other parent's custody. f. Any other relief this Court finds just and proper. Resp ctfully submitted, J Ad 'At, Esquire idPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, ANDRE K. SANDERS, verifies that the statements made in the above Petition for contempt and modification are true and correct. PLAINTIFF understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ? oZ0 /1 ANDRE K. SANDERS ANDRE K. SANDERS, Plaintiff :1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.2000-CIVIL TERM ELIZABETH STOTLER, Defendant :CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this 25' day of April, 2000, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, Chel.sie Ann Stotler, D.O.B. February 25, 1999. Plaintiff, hereinafter referred to as the ?, and Defendant, hereinafter referrednr' to as the fa, shall share legal custody of the child. ? 2. The mother and father shall share physical custody of the child according to the following schedule: a. The father shall have custody three days (including overnights) each week at times to be agreed upon by the father and mother. b. The father shall have custody from 8:30 p.m. until 2:30 a.m. on days when the mother is working; these periods of custody shall be at the mother's residence. C. The mother shall have custody those periods when the father.is not scheduled to have custody in paragraphs 2a and 2b above. 3. The father and mother shall share custody on holidays and the child's birthday at mutually agreed upon times. 4. The mother and father shall each have the right to take the child on a vacation of three days (including to places outside Cumberland County or the state of Pennsylvania); each shall give the other the address and phone number where the child can be reached in case of an emergency. 5. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further order of court. 6. The mother shall not take the child to the home of her Aunt Fran on Pitt Street during evenings when the mother is working. vauatrrx:+a?e,?Rr??u,a.++wwua++waweti 7. There shall be reasonable notice given to the other party if a scheduled period of partial custody needs to be cancelled or modified and a make-up period shall be offered within a reasonable time frame. 8. The mother and father agree that each shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 9. :Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child love or respect for the other parent. By the Court, Judge If entered pursuant to the consent of Plaintiff and Defendant: Andre Kelvin Sanders, Pl Joan Carey Attorney for Plainti f LEGAL SERVICES, INC. J E zabeth Stotler, Defendant Attorney for Defendant pfd jr FAMILY LAW CLINIC `? §"?45uA'm ,. ... ? kk3?_n`i??Y.?lde?wC9a&r?f±vK:>;a!?sa?!&c?ts.?e.?smsni?-+. uv aa?viaxm<<;its,?.iYlt+??:?.? ,.- „triYrr:, -• t ` ? ,.. V? !??' _,\ - ?' ?? _ r. _ J ;'`?' 1 f'- . - ' ? I p"?.""?';r-' sL"'?^. .?s "?-.?., _ ., .. .. .. ._,_... ?. _.. .zru Rw?ai .,.m..e W.._- _. _. ANDRE K. SANDERS, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00-2581 CIVIL TERM ELIZABETH STOTLER, Defendant CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Plaintiff, Andre K. Sanders, hereby certify that I have served a copy of the forgoing Petition for Contempt and Modification by: USPS First Class Mail, Certified Mail, Electronic Receipt Requested: Elizabeth Stotler (Sanders) 26 South East Street Carlisle, PA 17013 Date: *I../# • (( Je a olst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 L ANDRE K. SANDERS, Plaintiff VS. ELIZABETH STOTLER, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-2581 CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Andre K. Sanders, Petitioner, to proceed in forma ap uperis. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. 3Midienn ols , Esquire Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 ANDRE K. SANDERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V . 2000-2581 CIVIL ACTION LAW rnim -n Ti- A70 ELIZABETH STOTLER nr_ m _ -0rn IN CUSTODY _<)> ,. DEFENDANT ORDER OF COURT -- AND NOW, Friday, February 11, 2011 upon consideration of the attached Co mplai nt, 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, March 23, 2011 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. 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/ john J. Mangan, -&, 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 infonnation 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 07 ?? tp? 32 South Bedford Street ?/ Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ANDRE K SANDERS, Plaintiff IV. ELIZABE?H STOTLER, Defendant Prior Judge: Kevin A. Hess, P.J. I IN THE COURT OF COMMON PLIS ' .p_ CUMBERLAND COUNTY, PENI L N I€ I .--= . No. 00-2581 CIVIL ACTION LA% v PO I- + C c IN CUSTODY', ORDER OF COURT 1. the NOW this 24' day of April 2011, upon consideration of the attached Custody Report, it is Ordered and Directed as follows: s Petition for Contempt is hereby DISMISSED without prejudice and all prior Orders in ant custody matter are replaced with the instant Order absent agreement otherwise. 2. Legal Custod : The Father, Andre Sanders, and the Mother, Elizabeth Stotler, shall have shared legal custody of Chelsie Stotler, born 02/25/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but of 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 pies thereof, with the other parent within such reasonable time as to make the records and inf rmation of reasonable use to the other parent. 3. Ph ical Custod : Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: 5. Hol?days: The parents shall arrange a holiday schedule as mutually agreed upon. a. During the school year, Father shall have physical custody of Chelsie every Friday from after school until 10:00 pm. Father shall pick Chelsie up from school and Mother shall pick Chelsie up from Father's residence at 10:00 pm. 'b. Father shall have physical custody of the Child at such other times as the parties ?I may mutually agree. 4. Th non-custodial parent shall have liberal telephone/email/text contact with the Child on a rea onable basis. 6. 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 par nt in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 8. Dulring any periods of custody or visitation, the parties shall not possess or use illegal 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. 9. A 10. Thi 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. By the Court, x4L Distributio : J ? The Famil Law Clinic AAa1?e11 Jessica Ho st, Esquire COPT es I ", I11 ? John J. M gan, Esquire #01100 P.J. V ANDRE K. SANDERS, Plaintiff V. ELIZABETH STOTLER, Defendant Prior Judge: Kevin A. Hess, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-2581 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. Date 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 Chelsie Stotler 02/25/1999 Primary Mother A stipulated Order of Court was issued April 25, 2000, a petition for contempt and modification was filed by Father and a Conciliation Conference was held with regard to this matter on March 22, 2011 with the following individuals in attendance: The Mother, Elizabeth Stotler, with her counsel, The Family Law Clinic The Father, Andre Sanders, with his counsel, Jessica Holst, Esq. 2 The parties agreed to the entry of an Order in the form as attached. 3. Y/Izz?l JohegannA , Esquire Cus Y on ciliator V ANDRE K. SANDERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-2581 CIVIL ACTION LAW ELIZABETH STOTLER, IN CUSTODY Defendant Prior Judge: Kevin A. Hess, P.J. ORDER OF COURT AND NOW this R day of October 2011, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The prior Orders of Court are hereby superseded and replaced with the instant'Order. 2. Legal Custody: The Father, Andre Sanders, and the Mother, Elizabeth Stotler, shall have shared legal custody of Chelsie Stotler, born 02/25/1999. 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 partial physical custody as follows: a. Father shall have custody of Chelsie on alternating weekends from Friday until Sunday, the times to be by agreement of the parties. It has been agreed by the parties that Father's current paramour, Wanda Campbell, not be unsupervised while Chelsie is in Father's care. b. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 4. The non-custodial parent shall have liberal telephone/email/text contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange a holiday schedule as mutually agreed upon. In the absence of agreement, the parties shall adhere to the schedule as attached. 6. Vacation: Each parent shall have one week of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their 9 vacation. The parties may expand this vacation time by mutual agreement. 7. 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. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use illegal 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. 10. 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. Distribution: /The Family Law Clinic ?Jessica Holst, Esquire V John J. Mangan, Esquire eophrs w?ci,led 1011 jl? P11v r CD =M w C'. rl" A By the Court, TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Day 1St Half From 9 am until 3 m Father Mother Easter Da 2n Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving Pt From 8 am Thanksgiving Day to 2 Father Mother Half m on Thanksgiving Day Thanksgiving 2° From 2 pm on Thanksgiving Day to Mother Father half noon the day after Thanksgiving Day Christmas 1' Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2n Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1St (with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 pm Father Father ANDRE K. SANDERS, Plaintiff V. ELIZABETH STOTLER, Defendant Prior Judge: Kevin A. Hess, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY., PENNSYLVANIA No. 00-2581 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 Chelsie Stotler 02/25/1999 Primary Mother 2. A stipulated Order of Court was issued April 25, 2000, a petition for contempt and modification was filed by Father and a Conciliation Conference was held with regard to this matter on March 22, 2011, an Order issued April 26, 2011 and a conference was held June 10, 2011 with the following individuals in attendance: The Mother, Elizabeth Stotler, with her counsel, The Family Law Clinic The Father, Andre Sanders, with his counsel, Jessica Holst, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J. ansquire Custody Co ciliator .ANDRE K. SANDERS, Petitioner vs. ELIZABETH STOTLER, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : ~ c+ ~ 3 NU. 00-2581 CIVIL TERM _X ~ ~~-, ~ ,..., 7 r,~ ~' ~~ ~ m ~;~; CUSTODY -<~' ~ x- ~~ ~ , ~-- ~ . --: c~~ '~' • :~:_ ;- , ~ .u,~ PETITION FOR CONTEMPT AND MODIFICATION :' ~a .: _q. Petitioner, Andre K. Sanders, by and through his counsel, MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Father, resides at 32 North East Street - Apartment 2, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent, hereinafter referred to as Mother, resides at 600 North Baltimore Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3. The above-named parties are the natural parents of Chelsie Stotler. born February 25, 1999. 4. A custody order was entered in this case on October 11, 2011 by The Honorable Kevin A. Hess. The Order, in pertinent part, gives the parties shared legal custody. Mother has primary physical custody and Father has periods of partial physical custody on alternating weekends with times to be agreed upon by the parties. (See attached Exhibit A) 5. Father is entitled to a modification of the current Order, which is in the child's best interests, for reasons including, but not limited to, the following: a. Mother has not enforced the terms of the current Order and has allowed the child to determine whether nr not. she wants to go with Father for his weekends of custody. This frequently results in the child choosing to other activities and Father loses his periods of custody. b. As a result of Mother's refusal to communicate with Father, the parties have difficulty agreeing on a time for custody exchanges to take place which also result in Father's periods of partial custody being decreased or taken away entirely. c. Father learned that Mother had been looking in to living arrangements in Texas and had not discussed the possibility of relocation with Father. Father is concerned that Mother may. make a unilateral decision to relocate with the child without Father's agreement or a court order allowing such a move. d. Within the past two months, Mother has left the area to travel with an over- the-road truck driver and left the child in the supervision of an older sibling. Father was unaware that Mother was leaving the area and has concerns that Mother left the child in the care an older sibling who lost custody of her own children in the state of Ohio. e. It is Father's position that if/when Mother chooses to take these long trips, the child should stay with Father who will be responsible for getting her to school and seeing to her daily needs. f. Despite the positive start ' in creating the most recent Order, the communication between Father and Mother has disintegrated to the point that '. Mother does not accept Father's calls and the cooperative co-parenting no longer exists. g. ~ Father has sought to maintain a relationship with the child, despite various situations that have negatively impacted his own life and despite the current issues that have ariaen between Father and Mother. h. Father has a safe and stable home environment in which to exercise periods of partial physical custody with Chelsie. i. Father is committed to maintaining establishing his father/daughter relationship with Chelsie. j. Father is willing to work with Mother to cooperatively co-parent Chelsie. b. Counsel for Father has contacted the Family Law Clinic which previously represented Mother. The Family Law Clinic no longer represents Mother and it is presumed that Mother would not concur ~,vith the relief requested in this petition. WHEREFORE,, Father respectfully requests that this Court schedule a conciliation conference for purposes of modifying the current custody Order. Respec ubmitted, ;~_ ~ Jessic st, Esquire MidPenn Legal Services 401 East Louther Street. Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PETITIONER, ANDRE K. SANDERS, verifies that the statements made in the above Petition for Modification are true and correct. PETITIONER understands that false statements herein are made subject to the penalties of 18 Pa. c::.s. X4904, relating to unsworn falsification to authorities. Date . ~~ ~ ~~ , . ANDRE K. SANDERS EXHIBIT A ANDRE K. SANDERS, IN THE COURT OF CO1~~IMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PEN`N`SYLVANIA v. No. 00-281 CIVIL ACTION LAW ELIZABETH STOTLER, IN CUSTODY Defendant Prior Judge: Kevin A. Hess, P.J. ORDER OF COURT AND NOW this ~ ~~' day of October 201 1, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: l . The prior Orders of Court are hereby superseded and replaced with the instant Order. 2. Legal Custody: The Father, Andre Sanders, and the Mother, Elizabeth Stotler, shall have shared legal custody of Chelsie Stotler, born 02/25/1999. 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 partial physical custody as follows: a. Father shall have custody of Chelsie on alternating weekends from Friday until Sunday, the times to be by agreement of the parties. It has been agreed by the parties that Father's current paramour, Wanda Campbell, not be unsupervised while Chelsie is in Father's care. b. Father shall have physical custody of the Child at such other times as the parties may mutually agree. ~. The non-custodial parent shall have liberal telephone/email/text contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange a holiday schedule as mutually agreed upon.. In the absence of agreement, the parties shall adhere to the schedule as attached. 6. Vacation: Each parent shall have one week of vacation with the Child per year. T'he requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will ,provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement.. 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. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use ialegal 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. 1(). 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. By the Court, P.J. Distribution: The Family Law Clinic Jessica Holst, Esquire John J. Mangan, Esquire TRUE COPY FROM RECORDand In Testimony whereof, I here unto set my end the seal of said Co~~u~~r~~t af~t Carliste2,~P/~- This ~ daY ofProthonotary ---_-- T I=VIES EVEN ODD ~' HOLI)AYS AND YEARS YEARS SPECIAL DAYS ; Easter Day 1St Half From 9 am until. 3 m Father _ ____ ]Mother Easter Day 2° Half From 3 pm until 9 pm Mother ___ Father Memorial Day From 9 am until 9 pm Mother _____ Father Independence Day From 9 am until 9 pm Father ____ Mother Labor Day _ From 9 am until 9 pm Mother __ Father ' Halloween From one hour before trick or Father _ __ Mother treating to one hour after trick or treatin Thanksgiving 1St From 8 am Thanksgiving Day to 2 Father _ _ Mother Half pm on Thanksgiving Day Thanksgiving 2" From 2 pm on Thanksgiving Day to Mother __ Father half noon the day after Thanksgivin Day Christmas 1St Half From noon on 12/24 to noon on Father _ _ Mother' 1.2/25 Christmas 2° Half From noon on 12/25 to noon on Mother _ Father _ 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1St (with the 12/ ~ 1 year to control the _ even/odd determination) Mother's Day From 9 am until 9 m Mother _ Mother Father's Day _ _ From 9 am until 9 pm Father __ Father ~~NDRF, K. SANDERS, Plaintiff v. ELIZABETH STOTLER, :Defendant Prior Judge: Kevin A. Hess, P.J. 1N THE COURT OF CCN1_'V10N PLEAS OF CUl~iBERLAND COUNTY, PENNSYLVANIA No. 00-2581 CIVIL ACTION L,AW 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 (:helsie Stotler 02/25/1999 Primary Mother 2. A stipulated Order of Court was issued Apri125, 2000, a petition for contempt and modification was filed by Father and a Conciliation Conference was held with regard to this matter on March 22, 2011, an Order issued Apri126, 2011 and a conference was held June 10, 2011 with the following individuals in attendance: The Mother, Elizabeth Stotler, with her counsel, The Family Law Clinic The Father, Andre Sanders, with his counsel, Jessica Holst, Esq. 3. The parties agreed to the entry of an Order in the form as attached. --.~...~3 ~__ Date -7-- John J. Mangan, squire ,~ Custod /Conciliator ,/'~ t~ .ANDRE K. SANDERS, 1N THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PI~NNSYLVANIA vs. NO. 00-2581 CIVIL TERM c ~ ~`~ --~ ~ N ELI7_ABE"I'H STOTLER, • ~ cc1 ~ m p ~ ~- z; mar= Respondent :CUSTODY ~~~~`- N x~t; ~, J '~ .~ .• ei • ' 1 W Y ~ ~• fy. PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Andre K. Sanders, Petitioner, to proceed in forma pau~eris. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the pariy is unable to pay the costs and that I am providing free legal services to the party. „~ ~- i F ,~ ---- Jessica 1st, Esquire MidPen Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 ANDRE K. SANDERS IN THE COURT 01= COMMON PLEAS (_)F PLAINTIFF CUMBERLAND COUNTY', PENNSYLVANIA ~~ =~; '= ` , ` • 2000-2581 CIV11. ACTION 1_AW tV.!) r.. ~ '' ~r ~' t ~1 _.~ wP i '+'ti 1 ~~ ~ ELIZABf~:TH STOTLER . ~, `R'' .. _ "'°~-~' IN CUSTODY ~~' '= cj ~ '_~~;_ -_~ "r" C.7 . '~ ORDER OF COURT AND NOW, - Friday, October 26, 2012 _, upon consideration of the attached Compl aint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at_ _ _ 4th Floor, Cumberland_Coun ~ Courthouse, Carlisle on Friday, November 30, 2012 ___~-~_-- ~-. -_-_ _ _ _ at 10_00 AM for aPre-Hearing Custod}~ Conference. At such conference, an effort will he made to resolve the L~sues in dispute; or if this cannot be accomplished, to define and narro«° 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/ __ , johns 11~Iangan, jr., Esg. / ~- __ _ Custody Conciliator i 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 olu- office. A,11 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 I-(AVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BE LO~~' TO E IND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association >? South Bedford Street Carlisle, Pennsylvania 17013 v ~I~I~/ ~~ ~~ ~~ Telephone (717) 249-3166 ~~~~ o J tin ~ /~d~~c ~/I, ~-~,~' ~~bire~ 1~~,.- ~~ ~ es ~~~ % o~ '~ ANDRE k:. SANDERS, IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANI A vs. . NO. 00-2581 CIVIL TERM "~ ,--., `~' : ~-~ Q' _~ ~- _~- ELIZAB>=;TH STOTL,ER, .~Mt~-= ` -^~ -~ ---- Respondent =~ :CUSTODY . r c:~ ;;~,~--~ _ 6.__ ~, ._...a ~~ ^~ ~ !~'?'~Yi t.. ~~ CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Petitioner, Andre K. Sanders, hereby certify that I have served a copy of the forgoing Petition for Contempt and Modification by: LISPS First Class Mail, Certified Mail, Electronic Receipt Requested: Elizabeth Stotler 61)0 North Baltimore Street Mount Holly Springs, PA 17065 ,~ -, Date: ~d li,~/iZ- -- Jessica H sit, squire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (7'.7)243-9400 I iSPS.comn - ~T~rack & Confirm Enylisr.. :ustamer SCrv~ae USPS MOUile USPS.~.~~1' .,~. s Track ~ Confirm YOUR (ABEL NUMBER f s'i 646009^.0'i>2C!39Z Ship a Package 5e"1d ^J!at` rv?anage Yeti; rti4a;i Page 1 of 1 F~igister; S~ytl lit ~~ it (.:~;_ si1L ~, _.., SERVICE STATUS OF YOUR ITEM DATE 8 TIME LOCATION t-EATURES First-Class Mailer Delivered October 25, 2012. 12.12 pm MOUNT HOLLY E°xpected Delivery By. SPRINGS, PA 17065 October 25.:2012 ,ro. =d Mail"' Arrival at Unit October 25, 2012. 8.28 am CARLISLE. PA 17013 Depart USPS Sort ~ October 25. 2012 H,4RRISBURG, PP. 17107 Facility Processed at USPS October 25, 2012, 12:4E am HARRISE3URG. PA 1'10' Origin Sort Facility Dispatched to Sort October 24. 2012, 203 pm CARLISLE, F'A 17013 Facility Acceptance October 24, 2012, 1.57 pm CARLISLE, PA 17013 Check on Another Item '~Nhat's your lat~el for receipt) number? Find LEGAL 'a,;-, ~. .. _ ~ . ~,3nu r.c.t. ,r'S ON USPS.COM Gnvemrnelt 'ervices , F3,:y ;tamps SShop F-. n: a Labcl m•=.th Rostagc. ll,i titter ~ .'Yi:A: . ':i:tE ndeX r ON ABOUT.USPS.COM t r - ; ,Si:'S Horne I v ~r c!~" ht i ?ervicc i 4~ate; . ,'YI'PS ~ loll -3.~.tri~ ~,3; eE`r5 = OTHER USPS Sll"ES `_r,_ .. r.2w p 3 https://too Is.usps.com/go/TrackConfirmAction_input?gtc_tLabels 1=701216400001078203... 11 /5/2012