HomeMy WebLinkAbout02-3650 NMfi {r 1-E i
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CUMBERLA&D
JAMIE JO ROSE-CLARK,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CHRISTOPHER DWAYNE STINE,
Defendant
NO. 02-3650 CIVIL TERM
CIVIL ACTION - LAW
Vp(?h ,per
AND NOW comes the above-named Defendant, by his attorney Samuel L. Andes, and
petitions the court for emergency relief and to modify the order of custody entered in this matter
on 30 August 2010, based upon the following:
1. The Petitioner herein is the Defendant. The Respondent herein is the Defendant.
2. Plaintiff and Defendant are the parents of two twin children, Sarah Jessica Rose, born
11 January 1997 and Jenna Rayanne Rose, also born 11 January 1997. The children are the
subject of an order of this court dated 30 August 2010, a copy of which is attached hereto and
marked as EXHIBIT A.
3. The said order provides that, during the summer season, Plaintiff and Defendant will
share physical custody of the children on a week-to-week basis.
4. Since the entry of the order in August of 2010, circumstances have changed
significantly in ways that make it detrimental to the children to spend substantial periods of time
with Defendant. The changes include:
A. Plaintiff has no home or regular or suitable place to live. To
Defendant's knowledge, Plaintiff has been living in her vehicle.
B. Plaintiff has exposed the children to dispute, violence, and turbulence
between Plaintiff and her boyfriend with whom she had been living until recently.
C. Plaintiff emotionally mistreats the children, particularly the daughter
Jenna.
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D. Both girls are suffering as a result of their emotional mistreatment and
abuse by Plaintiff. Both girls are currently in counseling and Jenna is suffering
from depression which has affected several aspects of her life adversely.
E. Both girls have expressed a strong opposition to spending significant
amounts of time with Plaintiff.
5. As a result of the above, Defendant believes that the children spending a week at a
time with Plaintiff will be detrimental to the children's emotional, psychological, and physical
health.
6. The summer schedule for the children, asset out in the order of 30 August 2010 is set
to commence immediately.
7. The prior order in this matter was entered by The Honorable J. Wesley Oler.
8. Defendant is confident that Plaintiff opposes the relief requested in this Petition.
WHEREFORE, Defendant prays this court to take the following actions:
A. Suspend the provisions of the order of 30 August 2010, set out in
Paragraph 4 of that Order, requiring shared physical custody of the children during
the summer season, until a hearing can be held and further order of this court is
entered.
B. Modify the existing order, after a hearing if necessary, to eliminate the
shared custody provisions during the summer months.
C. Take such other action as the court deems appropriate or necessary to
protect the minor children from the problems to which they are currently being
exposed by Plaintiff.
S An es
Attorney for Defendant
Supreme Court ID # 17225
I verify that the statements made in this document are true and correct. I understand that
any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn
falsification to authorities).
Date: -t Tune ZOl
C'fiFR,JI HER DWA STINE
CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing document upon counsel for
the Plaintiff herein by regular mail, postage prepaid, addressed as follows:
Jessica Holst, Esquire
401 E. Louther Street, Suite 103
Carlisle, PA 17013
Date: 8 June 2011
Amy M. arkins
Se retary for Samuel L. Andes
EXHIBIT A
JAIME JO ROSE-CLARK,: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION
CHRISTOPHER
DWAYNE STINE,
Defendant : NO. 02-3650 CIVIL TERM
IN RE: DEFENDANT'S PETITION TO MODIFY CUSTODY ORDER
and DEFENDANT'S PETITION FOR EMERGENCY RELIEF
BEFORE OLER, J.
OPINION and ORDER OF COURT
AND NOW, this 30th day of August, 2010, upon consideration of
Defendant's Petition To Modify Custody Order and Defendant's Petition for
Emergency Relief, with respect to the parties' children, Sara Jessica Rose (d.o.b.
January 11, 1997) and Jenna Rayanne Rose (d.o.b. January 11, 1997), and
following a hearing held on August 26, 2010, it is ordered and directed as follows:
1. The caption of this case is amended to reflect Plaintiff's
present name of Jaime Jo Rose-Clark;
2. Legal custody of the children shall be shared by the
parties. Each parent shall have an equal right, to be exercised
jointly with the other parent, to make all non-emergency
decisions regarding the children including, without limitation,
decisions regarding the health, education and religious training
of the children. Both parties shall be entitled to full access to
all records and information relating to the children and neither
party shall withhold any information from the other party
regarding such matters;
3. During the school year, primary physical custody of the
children shall be in Defendant, the father, and temporary or
partial physical custody of the children shall be in Plaintiff, the
mother, at the following times:
a. On alternating weekends, from 6:00 p.m.
on Friday, until 6:00 p.m. on Sunday;
b. Every Wednesday evening, from 5:00 p.m.
until 8:00 p.m.;
c. During Thanksgiving vacation, from 3:00
p.m. on Thanksgiving Day until 3:00 p.m. on the
Sunday following Thanksgiving Day;
d. During Christmas vacation, from 3:00 p.m.
on Christmas Day until 3:00 p.m. on the day
preceding the resumption of school;
e. During any spring vacation, from 3:00
p.m. on the day following the last day of school
preceding the vacation to 3:00 p.m. on the first
day preceding the resumption of school;
4. During the summer, physical custody of the children
shall be shared by the parties on an alternating weekly basis,
with the exchange time being 6:00 p.m. on Friday;
5. The non-custodial parent shall be entitled to have
reasonable telephone contact with the children;
6. The party receiving custody shall be responsible to
provide transportation for the exchange of custody.
7. Nothing in this order is intended to preclude the parties
from deviating from its terms by mutual consent.
8. Either party may secure a review of this custodial
arrangement at the conclusion of the present school year, by
petition. During the current school year, the children shall
attend school in the Cumberland Valley School District, where
Defendant, the father, resides.
BY THE COURT,
Jresley OleV, Jr., W.,
Jessica Holst, Esq.
401 E. Louther Street
Suite 103
Carlisle, PA 17013
Attorney for Plaintiff
7 Sa el L. Andes, Esq.
P Box 168
emoyne, PA 17043
Attorney for Defendant
TRUE COPY FROM RECORD
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JAMIE JO ROSE-CLARK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
CHRISTOPHER DWAYNE ?rvrSTINE, _
Defendant NO. 02-3650 CIVIL TERM no `- q
IN RE: PETITION FOR EMERGENCY RELIEF
ORDER OF COURT -
AND NOW, this 13?' day of June, 2011, upon consideration of Defendant's
Petition for Emergency Relief, this matter is referred to the custody conciliation process,
and the Court Administrator is requested to facilitate this referral for an expedited
hearing.
/Jessica Holst, Esq.
MidPenn Legal Services
401 E. Louther Street
Suite 103
Carlisle, PA 17013
Attorney for Plaintiff
Samuel L. Andes, Esq.
525 N. 12'' Street
P.O. Box 168ret Street
Lemoyne, PA 17043
Attorney for Defendant
J. 0'Pies 0jeJ
1# If
Court Administrator h"4 G,Uu
:rc
BY THE COURT,
IN THE COURT OF COMMON PLEAS OF
JAMIE JO ROSE CLARK
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
2002-3650 CIVIL ACTION LAW ;_;
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CHRISTOPHER DWAYNE STINE
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IN CUSTODY
DEF'INDANT "
ORDER OF COURT
AND NOW, Monday, June 20, 2011 , 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, June 30, 2011 _ at 3:30 PM
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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/ Dawn S Sunday, Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
rCell (ppc, ?,aried y /?S ? Telephone (717) 249-3166
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JAMIE JO ROSE CLARK
Plaintiff
vs.
CHRISTOPHER DWAYNE STINE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2002-3650 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this day of 2011, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated August 30, 2010 is vacated and replaced with this Order.
2. The Mother, Jamie Jo Rose Clark, and the Father, Christopher Dwayne Stine, shall have
shared legal custody of Sarah J. Rose and Jenna R. Rose, both born January 11, 1997. Major decisions
concerning the Children including, but not necessarily limited to, their health, welfare, education,
religious training and upbringing shall be made jointly by the parties after discussion and consultation
with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither
party shall impair the other party's rights to shared legal custody of the Children. Neither party shall
attempt to alienate the affections of the Children from the other party. Each party shall notify the other
of any activity or circumstance concerning the Children 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. In accordance with 23 Pa.C.S.A. §5309, 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 or information given to either party as a parent as authorized by
statute.
3. The Father shall have primary physical custody of the Children.
4. The Mother shall have partial physical custody of the Children during the school year during
the second weekend of each month beginning on the second Friday of the month. The weekend period
of custody shall run from after school on Friday through Sunday at 8:00 p.m., or if there is no school
on Monday, through Monday at 8:00 p.m. The Mother shall ensure that the Children complete their
homework during the Mother's weekend periods of custody. During the summer school break in 2011,
the Mother shall have custody of the Children from July 8 through July 15 and during the second week
in August, which may be adjusted as necessary to coordinate with the Children's activities. In
summers beginning in 2012, the Mother shall have custody of the Children for one week in June
beginning on the third Saturday, one week in July beginning on the second Saturday and one week in
on the second Saturday. The parties shall cooperate in making any necessary adjustments to the
summer custody schedule to accommodate the Children's activities.
5. The parties shall have custody of the Children on holidays as follows:
A. Christmas: The Father shall have custody of the Children for Christmas Day each
year and the Mother shall have custody of the Children from December 26 at 10:00 a.m. through
December 30 at 8:00 p.m.
B. Thanksgiving: In every year, the Father shall have custody of the Children for
Thanksgiving.
C. Spring/Easter Break: In every year, the Mother shall have custody of the Children
for their Spring/Easter break from the evening of the last day of school before the holiday break
through 8:00 p.m. on the day before school resumes.
6. Unless otherwise agreed between the parties, the Mother shall provide transportation for
exchanges of custody during the school year and the parties shall meet at a mutually selected halfway
point between their residences for exchanges of custody during the summer school break.
7. The non-custodial parent shall be entitled to have reasonable telephone contact with the
Children.
8. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion of the Children as to the other parent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that third
parties having contact with the Children comply with this provision.
9. 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 control.
BY THE COURT
J. We ,y Oler, Jr. J.
cc: Jamie Jo Rose-Clark - Mother t
Samuel L. Andes, Esquire - Counsel for Father
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JAMIE JO ROSE CLARK IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2002-3650 CIVIL ACTION LAW
CHRISTOPHER DWAYNE STINE
Defendant IN CUSTODY
Prior Judge: J. Wesley Oler, Jr.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Sarah J. Rose January 11, 1997 Father
Jenna R. Rose January 11, 1997 Father
2. A custody conciliation conference was held on June 30, 2011, with the following individuals
in attendance: the Father, Christopher Dwayne Stine, with his counsel, Samuel L. Andes, Esquire, and
the Mother, Jamie Jo Rose Clark, 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
C,
JAMIE JO ROSE CLARK IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2002-3650 CIVIL ACTION LAW
CHRISTOPHER DWAYNE STINE
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this day of /Fi G?Ctl?? 2012, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated July 13, 2011 is vacated and replaced with this Order.
2. The Mother, Jamie Jo Rose Clark, and the Father, Christopher D. Stine, shall have shared
legal custody of Sarah J. Rose and Jenna R. Rose, both born January 11, 1997. Major decisions
concerning the Children including, but not necessarily limited to, their health, welfare, education,
religious training and upbringing shall be made jointly by the parties after discussion and consultation
with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither
party shall impair the other party's rights to shared legal custody of the Children. Neither party shall
attempt to alienate the affections of the Children from the other party. Each party shall notify the other
of any activity or circumstance concerning the Children 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. In accordance with 23 Pa.C.S.A. §5336, 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 or information given to either party as a parent as authorized by
statute.
3. The Father shall have primary physical custody of the Children. In the event the Father is
assigned to military service under Title 10 of the United States Code, the Father's wife, Denise Stine,
shall be the custodial parent and shall stand in the place of the Father under the terms of this Order,
including the legal custody provision.
4. The Mother shall have partial physical custody of the Children during the school year on the
third weekend of each month beginning on the third Friday of the month. The weekend period of
custody shall run from Friday at 6:30 p.m. through Sunday at 6:00 p.m., or if there is no school on
Monday and the Mother does not work, through Monday at 6:00 p.m. The Mother shall ensure that the
Children complete their homework during the Mother's weekend periods of custody. The Mother may
have additional periods of custody with the Children as arranged by agreement between the parties.
5. During the summer school break, the Mother shall have custody of the Children for one
week in June and one week in July, for which the Mother shall provide specific dates to the
Father/Father's wife by April 1. In addition, during the summer school break, the Mother shall have
custody of the Children for two weekends in August, with the Father/Father's wife selecting the two
weekends based on the Children's schedule and notifying the Mother by July 15.
6. The parties shall cooperate in making any necessary adjustments to the custody schedule to
accommodate the Children's activities, the Mother's work schedule, and transportation arrangements.
7. The parties shall have custody of the Children on holidays as follows:
A. Christmas: The Father shall have custody of the Children for Christmas Day each
year and the Mother shall have custody of the Children from December 26 at 10:00 a.m. through
December 30 at 8:00 p.m.
B. Thanksgiving: In 2012, the Mother shall have custody of the Children for the
Thanksgiving holiday from Wednesday after school through Sunday at 6:00 p.m., and the Father shall
have custody of the Children for the Thanksgiving holiday in 2013. The Thanksgiving holiday period
of custody in 2012 shall also constitute the Mother's weekend period of custody for the month of
November. The parties shall share having custody for the Thanksgiving holiday in future years as
arranged by agreement.
C. Spring/Easter Break: In every year, the Mother shall have custody of the Children
for their Spring/Easter break from the evening of the last day of school before the holiday break
through 8:00 p.m. on the day before school resumes.
8. In the event the Mother will be late for a custodial exchange due to work commitments, the
Mother shall contact the Father/Father's wife in advance with as much notice as possible.
9. The Mother and the Father/Father's wife shall communicate directly between themselves in
making necessary adjustments to the custodial schedule without unnecessarily involving the Children
or using the Children as messengers.
10. Unless otherwise agreed between the parties, the Mother shall provide transportation for
exchanges of custody.
11. The non-custodial parent shall be entitled to have reasonable telephone contact with the
Children.
12. No party shall be permitted to relocate the residence of the Children which significantly
impairs the ability to exercise custody unless every individual who has custodial rights to the Children
consents to the proposed relocation or the Court approves the proposed relocation. A person proposing
to relocate MUST comply with 23 Pa. C.S. § 5337.
13. 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 control.
BY THE COURT,
?"z' &4-- -
cc: -/Jamie Jo Rose Clark - Mother
/Samuel L. Andes Esquire - Counsel for Father
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JAMIE JO ROSE CLARK
Plaintiff
VS.
CHRISTOPHER DWAYNE STINE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2002-3650 CIVIL ACTION LAW
IN CUSTODY
Prior Judge: J. Wesley Oler on Custody matters;
No other judges assigned.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Sarah Rose January 11, 1997 Father
Jenna Rose January 11, 1997 Father
2. A custody conciliation conference was held on October 5, 2012, with the following
individuals in attendance: the Mother Jamie Jo Rose Clark, who is not represented by counsel in this
matter, and the Father, Christopher D. Stine, and his wife, Denise Stine, with their attorney, Samuel L.
Andes Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator