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HomeMy WebLinkAbout05-1784KEVIN W. CLAPPER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. :No. 6 S- 1 "lIy L t v C is f f SIERRA MARK, CIVIL ACTION - AT LAW Defendant CUSTODY AND NOW, the Plaintiff, Kevin W. Clapper, by and through his attorney, Jeannd B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. The Plaintiff, Kevin W. Clapper, is an adult individual who currently resides at 704 Shield Street, Harrisburg, Dauphin County, Pennsylvania, 17109. 2. The Defendant, Sierra Mark, is an adult individual who currently resides at 1422 Timberbrook Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties have one dependent child, namely Hayden D. Clapper, born September 24, 1992. 4. The Plaintiff seeks shared physical and legal custody of the following child: Name Present Residence Age Hayden D. Clapper 1422 Timberbrook Drive 12 years Mechanicsburg, PA 17055 (DOB 9/24/1992) 5. The child, Hayden D. Clapper, is presently in the custody of her mother, Defendant, Sierra Mark, at 1422 Timberbrook Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 6. Plaintiff was divorced from Defendant on May 7, 2002. The child was not born out of wedlock. .. 7. The relationship of the Plaintiff to the child is that of natural father. Plaintiff currently resides at 704 Shield Street, Harrisburg, Dauphin County, Pennsylvania, 17109. 8. The relationship of the Defendant to the child is that of natural mother. Defendant currently resides at 1422 Timberbrook Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 9. 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. 10. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child. 11. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff and Defendant are both able to equally provide for the needs of the child. (b) Plaintiff desires to exercise parental duties and to enjoy the love and affection of the child on an equal basis with Defendant. (c) The child desires to substantially expand the time she spends with her father. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an order granting to him shared physical and legal custody of his daughter. Respectfully submitted, BY: eanne B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 790-9546 PA Supreme Ct. ID No. 68735 ._ KEVIN W. CLAPPER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. SIERRA MARK, CIVIL ACTION - AT LAW Defendant CUSTODY I, Kevin W. Clapper, hereby verify that the statements made in the foregoing Complaint in Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: JIZr6 6 Signature: Kevin W. Clapper ? 7c V 1 t./ r-a j KEVIN W. CLAPPER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' 05-1784 CIVILACTIONLAW SIERRA MARK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, Apri108, 2005 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, May 17, 2005 at 8130 AM for a Pre-Hearing Custody Conference. At such conference, an effort ' will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _Js/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the corm, 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 S "dofjv D, r Atte °f i ? ! XIL p3Y?ty kef9D ??;{yiait14c+,hz ,6 HI I I ?jv ME 1 , y KEVIN W. CLAPPER Plaintiff vs. SIERRA MARK Defendant RECEIVED MAY 23 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1784 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this - 2?1 day of Wu consideration of the attached Custody Conciliation Report, it is orde ed and directe as follows: upon 1. In the event the parties are not able to reach an agreement as to ongoing custody arrangements for he Child with the assistance of the counselor, a hearing is scheduled for the _g ? day of 4 the 2005 at a 4 5 o'clock wi Cumberland County Courthouse. The hearing date will be reserved until ul y22, a 2005, by wofthe hich date counsel for the parties shall contact the Court to either cancel or confirm the hearing date. If the hearing date is not confirmed by the parties or counsel on or before July 22, 2005, the hearing will be automatically cancelled. In the event a hearing is necessary, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least 7 days prior to the hearing date. 2. The parties shall obtain the services of Deborah Salem, LPC, or other professional selected by agreement, to assist the parents in obtaining additional information which will help them make decisions regarding ongoing custody arrangements in light of the Mother's anticipated relocation. The parties shall equally share all costs of the counselor's services. 3. The Father, Kevin W. Clapper, and the Mother, Sierra Mark, shall have shared legal custody of Hayden D. Clapper, born September 24, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terns of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. LIP ?60- I 4. Pending further agreement of the parties or Order of Court, the parties shall have physical custody of the Child in accordance with the following schedule: The Father shall have custody of the Child from May 20 when the Father (or the Father's wife) shall pick up the Child at the Mother's residence at 4:15 p.m. through May 27 before school. The Mother shall have custody of the Child from May 27 through June 3 at 2:30 p.m. The Father shall have custody of the Child from June 3, when the Father shall pick up the Child at school at 2:30 p.m. for her physical, through June 9 before school. The Mother shall have custody of the Child from June 9 through June 17, when the Father shall pick up the Child at her maternal aunt's residence in State College between 6:30 p.m. and 8:00 P.M. The Father shall have custody of the Child from June 17 through June 24, when the Mother shall pick up the Child at the Father's residence at 6:00 p.m. The Mother shall have custody of the Child from June 24 at 6:00 p.m. through July 1, when the Father shall pick up the Child at 6:00 p.m. The Father shall have custody of the Child from July 1 at 6:00 p.m. through July 6, when the Mother shall pick up the Child at 6:00 p.m. The Child will be visiting her maternal grandfather in Idaho from July 7 through July 25. The Mother shall have custody of the Child from July 25 through July 29 at 6:00 p.m. The Father shall have custody of the Child from July 29 at 6:00 p.m. through the following Friday at 6:00 p.m. and the parties shall continue to alternate having custody of the Child on a weekly basis with the exchanges to take place on Fridays at 6:00 p.m. pending further agreement or Order of Court. 5. During the Father's periods of custody with the Child through the remainder of the 2004-2005 school year, the Father (or the Father's wife) shall take the Child directly to school in the morning and pick up the Child at the Mother's residence as specified in the previous provision. 6. Implementation of the alternating weekly schedule during the summer school break shall be contingent upon the Father's obtaining a shift change at his employment. 7. Upon completion of the parties' work with the counselor as required by this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if the parties agree it would be useful in establishing an ongoing custody schedule without the necessity of the reserved hearing. 8. This Order is entered pursuant to an agreement of the conference. The parties may modify the provisions of this Order byl s mutual consent, the terms of this Order shall control. mutual cone tc In the iliatib ence of BY THE COURT, / L 4/ J. cc: Jeanne B. Costopoulos, Esquire - Counsel for Father Sandra L. Meilton, Esquire - Counsel for Mother L?, KEVIN W. CLAPPER Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1784 CIVIL ACTION LAW SIERRA MARK Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: 1. The pertinent information concerning the Child who is the subject of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hayden D. Clapper September 24, 1992 Mother 2. A conciliation conference was held on May 17, 2005, with the following individuals in attendance: The Father, Kevin W. Clapper, with his counsel, Jeanne B. Costopoulos, Esquire, and the Mother, Sierra Mark, with her counsel, Sandra L. Meilton, Esquire. 3. The Father filed this Complaint for Custody seeking equally shared physical and legal custody. The Mother is getting remarried and plans to move to Florida before the beginning of the 2005-2006 school year. The parties agreed at the conference to a shared custody schedule through the summer and also agreed to obtain assistance from Deborah Salem, LPC in attempting to resolve the relocation issue by agreement. Counsel requested that a hearing date be reserved, however, to ensure that the relocation issue is addressed prior to the beginning of the school year if the matter is still unresolved by August. If ultimately necessary, it is expected that a hearing would require at least one-half to one full day. 4. The parties agreed to entry of an Order in the form as attached. -L'lck., ? 9 GODS Date Dawn S. Sunday, Esquire Custody Conciliator KEVIN W. CLAPPER, Plaintiff V. SIERRA MARK, Defendant IN THE COURT" OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1784 CIVIL ACTION LAW IN CUSTODY ORDER 2005, upon stipulation of AND NOW, this 01- day of 4W44-- the parties, it is HEREBY ORDERED AND DECREED that: It is the intention of the parties and the parties agree that they will have shared legal custody of Hayden D. Clapper. The parties agree that major decisions concerning their child, including, but not 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 party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party 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 pursuant to 23 Pa.C.S. 5309. 2. Mother shall have primary physical custody of Hayden D. Clapper. 3. Father shall be entitled to periods of partial custody of Hayden on the following schedule: a. Hayden's spring break from school. b. Except for a two week period in the middle of the summer when Hayden shall be with Mother, Hayden shall be in the custody of Father for the summer months. Summer shall be defined as commencing one week after school ends and ending one week before the next school year begins. C. Hayden's Christmas break from school. Hayden's Thanksgiving break from the Friday after Thanksgiving Day at noon through Sunday at 10:00 a.m. The Sunday return time shall be modifiable to coordinate with Hayden's return flight. 4. Father shall be permitted to make one -telephone call to Hayden per week. If Hayden is not available when Father's call is made, Mother shall make sure that Hayden's return telephone call is made to Father within twenty-four hours of Father's call. The parties agree that they shall share the cost of Hayden's transportation as follows: a. Mother shall pay for the expenses for the Thanksgiving trip and the two week visit with Mother in the middle of the summer. Mother and Father shall equally share all costs of the following three (3) round trip fares: Christmas, spring break and summer. The travel times for the summer being defined as traveling one week after school ends and ending one week before the next school year begins. Specific dates for travel shall be controlled or governed by Hayden's school calendar. Mother shall provide Father with a copy of the school calendar and any updates or changes as soon as they are received by her. Mother shall make flight arrangements for all of Hayden's visits to Father. The arrangements shall be made at least thirty (30) days in advance and Mother shall notify Father of the flight information as soon as arrangements are confirmed. Unless otherwise agreed by the parties, Hayden shall fly out of and into the Harrisburg, Pennsylvania and Orlando, Florida airports. Mother shall advance the cost of the flights and Father shall reimburse Mother his fifty percent (50%) share of the costs within ten (10) days of receipt of the flight information. In the event that Father does not reimburse Mother, then Father shall be responsible for all arrangements and costs for Hayden's next unconfirmed round trip flight to Pennsylvania and back to Florida. 8. An interest bearing money market account shall be established by the parties. The account shall be in the joint names of Kevin W. Clapper and Sierra Mark and shall be a restricted account requiring the signatures of both parties on any withdrawals from the account. The parties agree that the account shall be used for Hayden's education, to cover the cost of catastrophic illness or to meet other mutually agreed to needs of Hayden. In lieu of paying child support directly to Mother or through the Domestic Relations Office, Father shall deposit $450.00 per month into the money market account established by this paragraph. 9. Mother shall be responsible for medical coverage for Hayden and Father shall be responsible for dental insurance for Hayden. Any non-covered expenses due to catastrophic illness or injury shall be shared equally by the parties or (if agreed to by the parties) paid from the money market account established by Paragraph 8 of this agreement. 10. In return for Father's $450 monthly deposits into an account for Hayden and the other conditions noted above in Paragraph 8, Mother agrees to waive her right to file for child support or receive any additional child support from Father. In the event that Mother, for reasons other than those set forth in paragraph 12 below, files for and obtains a child support order, Mother shall pay into the escrow account an amount equal to the amount she receives in child support and Mother shall become responsible for 100% of the airfare for Hayden's visits to Father. In addition, should Mother, contrary to the terms of this agreement, seek to modify the support arrangement, Father shall be entitled to have custody of Hayden on Thanksgiving Day. 11. In this regard, Mother agrees to terminate the existing Support Order docketed to No. 412 S 2000, PACSES No. 696102280, with regard to any future child support for Hayden upon receipt of the Court Order entered in conjunction with this Stipulation. If any arrearages exist on said Order, said arrearage will stand. 12. This agreement shall be modifiable or subject to termination based upon the occurrence of one or more of the following events: a. In the event that Sierra and John separate or divorce or in the event of John's death while the parties are still residing together. b. Mother's return with Hayden to Pennsylvania; C. Father's filing a Petition to Modify the current custody schedule; or there is an agreed to change whereby Father has primary custody; d. Father's failure to make timely imonthly payments of $450.00 into the agreed to account; and e. If either John or Father become disabled-od?xnable to work or if either John or Father's adjusted gross income is involuntarily 90114W by fifty 79516.1 J. G' p5, ` r7 ``i: ti O t? 4 Lj O Q KEVIN W. CLAPPER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 05-1784 CIVIL ACTION LAW SIERRA MARK, Defendant : IN CUSTODY AND NOW, the Plaintiff, Kevin W. Clapper, by and through his attorney, Jeanne B. Costopoulos, Esquire, makes the following Petition to Modify Custody: 1. The Plaintiff, Kevin W. Clapper, is an adult individual who currently resides at 704 Shield Street, Harrisburg, Dauphin County, Pennsylvania, 17109. 2. The Defendant, Sierra Mark, is an adult individual who currently resides at 1483 Towhee Run, Oviedo, Florida, 32765. 3. The parties have one dependent child, namely Hayden D. Clapper, born September 24, 1992. 4. The Plaintiff seeks primary physical and shared legal custody of the following child: Age Hayden D. Clapper 1483 Towhee Run Oviedo, FL 32765 13 years (DOB 9/24/1992) 5. The child, Hayden D. Clapper, is presently in the custody of her mother, Defendant, Sierra Mark, at 1483 Towhee Run, Oviedo, Florida, 32765. 6. Plaintiff was divorced from Defendant on May 7, 2002. The child was not born out of wedlock. 7. The relationship of the Plaintiff to the child is that of natural father. Plaintiff currently resides at 704 Shield Street, Harrisburg, Dauphin County, Pennsylvania, 17109. 8. The relationship of the Defendant to the child is that of natural mother. Defendant currently resides at 1483 Towhee Run, Oviedo, Florida, 32765. 9. Plaintiff previously filed a Complaint in Custody at the above term and docket number on April 4, 2005 and a stipulated Order of Court was entered on August 1, 2005. Said Order is attached as Exhibit A. 10. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child. 11. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Defendant is not abiding by the terms of the parties' agreement. (b) Defendant does not permit the child to call Plaintiff. (c) The child had great difficulty adjusting to a new school and now Defendant is again moving and changing the child's school. If granted primary physical custody, Plaintiff is willing to relocate to the child's previous school district where her childhood friends attend. (d) The child wishes to reside with Plaintiff and is unhappy residing with Defendant. (e) Defendant told the child before they moved to Florida last fall that if she tried it and did not like living in Florida that she could move back to Pennsylvania with Plaintiff. (f) It is believed and therefore averred that Defendant's relationship with her husband is unstable and that he is currently in Pennsylvania while Plaintiff remains in Florida with the child. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an order granting to him primary physical and shared legal custody of his daughter. Respectfully submitted, BY: Mane B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Telephone: (717) 920-2500 PA Supreme Ct. ID No. 68735 KEVIN W. CLAPPER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-1784 CIVIL ACTION LAW SIERRA MARK, Defendant : IN CUSTODY VERIFICATION I, Kevin W. Clapper, hereby verify that the statements made in the foregoing Petition to Modify Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. (0-1- 0 (0 .-- Date: Signature: Kevi W. Clapper KEVIN W. CLAPPER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. :No. 05-1784 CIVIL TERM SIERRA MARK, CIVIL ACTION - AT LAW Defendant CUSTODY I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached Petition upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Sandra L. Meilton, Esquire 111 North Front Street Harrisburg, PA 17101 BY: Jeanne B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 D? PA Supreme Ct. ID No. 68735 Dated: E X H I B IT A KEVIN W. CLAPPER, Plaintiff V. SIERRA MARK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-1784 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 1Q,? day of ,L , 2005, upon stipulation of the parties, it is HEREBY ORDERED AND DECREED that: 1. It is the intention of the parties and the parties agree that they will have shared legal custody of Hayden D. Clapper. The parties agree that major decisions concerning their child, including, but not limited to, the child's health, welfare, education, religious training and dpbringing 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 party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party 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 pursuant to 23 Pa.C.S. 5309. 2. Mother shall have primary physical custody of Hayden D. Clapper. 3. Father shall be entitled to periods of partial custody of Hayden on the following schedule: a. Hayden's spring break from school. b. Except for a two week period in the middle of the summer when Hayden shall be with Mother, Hayden shall be in the custody of Father for the summer months. Summer shall be defined as commencing one week after school ends and ending one week before the riext school year begins. C. Hayden's Christmas break from school. d. Hayden's Thanksgiving break from the Friday after Thanksgiving Day at noon through Sunday at 10:00 a.m. The Sunday return time shall be modifiable to coordinate. with Hayden's return flight. 4. Father shall be permitted to make one telephone call to Hayden per week. If Hayden is not available when Father's call is made, Mother shall make sure that Hayden's return telephone call is made to Father within twenty-four hours of Father's call. 5. The parties agree that they shall share the cost of Hayden's transportation as follows: a. Mother shall pay for the expenses for the Thanksgiving trip and the two week visit with Mother in the middle of the summer. b. Mother and Father shall equally share all costs of the following three (3) round trip fares: Christmas, spring break and summer. The travel times for the summer being defined as traveling one week after school ends and ending one week before the next school year begins. 6. Specific dates for travel shall be controlled or governed by Hayden's school calendar. Mother shall provide Father with a copy of the school calendar and any updates or changes as soon as they are received by her. 7. Mother shall make flight arrangements for all of Hayden's visits to Father. The arrangements shall be made at least thirty (30) days in advance and Mother shall notify Father of the flight information as soon as arrangements are confirmed. Unless otherwise agreed by the parties, Hayden shall fly out of and into the Harrisburg, Pennsylvania and Orlando, Florida airports. Mother shall advance the cost of the flights and Father shall reimburse Mother his fifty percent (50%) share of the costs within ten (10) days of receipt of the flight information. In the event that Father does not reimburse Mother, then Father shall be responsible for all arrangements and costs for Hayden's next unconfirmed round trip flight to Pennsylvania and back to Florida. 8. An interest bearing money market account shall be established by the parties. The account shall be in the joint names of Kevin W. Clapper and Sierra Mark and shall be a restricted account requiring the signatures of both parties on any withdrawals from the account. The parties agree that the account shall be used for Hayden's education, to cover the cost of catastrophic illness or to meet other mutually agreed to needs of Hayden. In lieu of paying child support directly to Mother or through the Domestic Relations Office, Father shall deposit $450.00 per month into the money market account established by this paragraph. 9. Mother shall be responsible for medical coverage for Hayden and Father shall be responsible for dental insurance for Hayden. Any non-covered expenses due to catastrophic illness or injury shall be shared equally by the parties or (if agreed to by the parties) paid from the money market account established by Paragraph 8 of this agreement. 10. In return for Father's $450 monthly deposits into an account for Hayden and the other conditions noted above in Paragraph 8, Mother agrees to waive her right to file for child support or receive any additional child support from Father. In the event that Mother, for reasons other than those set forth in paragraph 12 below, files for and obtains a child support order, Mother shall pay into the escrow account an amount equal to the amount she receives in child support and Mother shall become responsible for 100% of the airfare for Hayden's visits to Father. In addition, should Mother, contrary to the terms of this agreement, seek to modify the support arrangement, Father shall be entitled to have custody of Hayden on Thanksgiving Day. 11. In this regard, Mother agrees to terminate the existing Support Order docketed to No. 412 S 2000, PACSES No. 696102280, with regard to any future child support for Hayden upon receipt of the Court Order entered in conjunction with this Stipulation. If any arrearages exist on said Order, said arrearage will stand. 12. This agreement shall be modifiable or subject to termination based upon the occurrence of one or more of the following events: a. In the event that Sierra and John separate or divorce or in the event of John's death while the parties are still residing together. b. Mother's return with Hayden to Pennsylvania; C. Father's filing a Petition to Modify the current custody schedule; or there is an agreed to change whereby Father has primary custody; d. Father's failure to make timely monthly payments of $450.00 into the agreed to account; and e.,, If either John or Father become disabled and unable to work or if either John or Father's adjusted gross income is involuntarily reduced by fifty percent. BY THE COURT: s 79516.1 J. TRUE C3Pt FROM RECORIJ Ifl Two"" lw*reof, I taer* U010 set my harp and Wow of V C Pa. Thi y pt?? 3, s' C tr ??\ w. CZ, KEVIN W. CLAPPER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SIERRA MARK DEFENDANT 05-1784 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 09, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Friday, June 30, 2006 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Daum S. Sunday, Esq. i /?t- Custody Conciliator ?T 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 ov? Qv I 2 r 'CIA V- 0- -7 WIV v?A ?:?,? 9a a KEVIN W. CLAPPER Plaintiff, V. SIERRA BUCHHEIT (MARK), Defendant. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1784 CIVIL ACTION - LAW IN CUSTODY DEFENDANT'S PRELIMINARY OBJECTIONS TO PETITION TO MODIFY CUSTODY AND NOW comes, Defendant, Sierra Buchheit (formerly Sierra Mark; hereinafter referred to as "Mother"), by and through her attorneys, TUCKER ARENSBERG, P.C., and hereby avers the following: 1. Plaintiff instituted this action by means of a Petition to Modify Custody on or about June 1, 2006, seeking primary physical custody of Hayden D. Clapper (hereinafter referred to as "Hayden"), the only child of the previous marriage. (Said Petition is attached hereto as Exhibit "A" and incorporated herein as if stated in full). 2. Mother, the natural mother of Hayden, is an adult individual, residing at 1483 Towhee Run, Oviedo, Florida 32765. 3. Plaintiff, the natural father of Hayden, is an adult individual, residing at 704 Shield Street, Harrisburg, PA 17109. 4. Hayden is the dependant, minor child, residing with Mother, at 1483 Towhee Run, Oviedo, Florida 32765. 5. Mother and Plaintiff entered into a stipulation providing for shared legal custody of Hayden and Mother having primary physical custody of Hayden, as well as expressing the agreement of Mother and Hayden relocating to Florida, which stipulation was approved and became an Order of the Court of Common Pleas, Cumberland County, on August 1, 2005. (Said Order is attached hereto as Exhibit "B" and incorporated herein as if stated in full). 6. Rule 1915.5 of the Pennsylvania Rules of Civil Procedure allows a party to raise any question as to jurisdiction of the person or venue by way of preliminary objection. Pennsylvania requires courts to perform a multi-step jurisdictional analysis before it can establish or modify any custody order. 8. Mother and Hayden have been continuously residing in the state of Florida for nearly one (1) year as of the filing of Plaintifrs Petition, having moved to Florida in August of 2005, therefore Florida is now the home state of Hayden. 9. Hayden has attended school in Florida since the time of her move to that state and has maintained continuous involvement in extra-curricular activities and team sports in Florida as well. 10. All of Hayden's medical and psychological care has been received in Florida since the time of her move. 11. Mother has full intention of remaining in Florida with Hayden, as Mother's new husband has obtained a very favorable job opportunity there with a company that he has been associated with for a considerable time even before the transfer, and the two have purchased their home in Florida as well. 12. Accordingly, there is no longer a significant connection with the Commonwealth of Pennsylvania, and there cannot be found to be substantial evidence concerning the present or future care, protection, training and personal relationships of Hayden within Cumberland County, Pennsylvania. WHEREFORE, Mother respectfully requests this Honorable Court grant her Preliminary Objections and DISMISS Plaintiffs Petition to Modify Custody, as the courts of this Commonwealth no longer have jurisdiction to grant primary physical custody to Plaintiff, where Pennsylvania is no longer the home state of Hayden and there is no sufficient connection with this Commonwealth nor substantial evidence concerning her present or future life available here either, and the proper jurisdiction to seek primary custody is within the courts of the state of Florida. Respectfully submitted, TUCKER ARENSBERG, P.C. By: Chfistopher E. Fisher Attorney I.D. No. 201395 Sandra L. Meilton Attorney I.D. No. 32551 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Dated: June &4, 2006 ATTORNEYS FOR DEFENDANT 87854.1(022340-123179) VERIFICATION I, Sierra Buchheit, verify that the facts stated in the within document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Sierra Buchheit DATED: to ???n CERTIFICATE OF SERVICE AND NOW, this day of June, 2006, I, Dawn T. Heilman, Secretary to Christopher E. Fisher, Esquire, for the law firm of Tucker Arensberg, P.C., attorneys for Defendant, hereby certify that I have this day served the foregoing document, by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jeanne B. Costopoulos 3803 Gettysburg Road Camp Hill, PA 17011 JQIUY? 7. _ Dawn T. Heilman eXVIII31 T A KEVIN W. CLAPPER, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 05-1784 CIVIL ACTION LAW SIERRA MARK, Defendant : IN CUSTODY AND NOW, the Plaintiff, Kevin W. Clapper, by and through his attorney, Jeanne B. Costopoulos, Esquire, makes the following Petition to Modify Custody: 1. The Plaintiff, Kevin W. Clapper, is an adult individual who currently resides at 704 Shield Street, Harrisburg, Dauphin County, Pennsylvania, 17109. 2. The Defendant, Sierra Mark, is an adult individual who currently resides at 1483 Towhee Run, Oviedo, Florida, 32765. 3. The parties have one dependent child, namely Hayden D. Clapper, born September 24, 1992. 4. The Plaintiff seeks primary physical and shared legal custody of the following child: Age Hayden D. Clapper 1483 Towhee Run Oviedo, FL 32765 13 years (DOB 9/24/1992) 5. The child, Hayden D. Clapper, is presently in the custody of her mother, Defendant, Sierra Mark, at 1483 Towhee Run, Oviedo, Florida, 32765. 6. Plaintiff was divorced from Defendant on May 7, 2002. The child was not born out of wedlock. 7. The relationship of the Plaintiff to the child is that of natural father. Plaintiff currently resides at 704 Shield Street, Harrisburg, Dauphin County, Pennsylvania, 17109. 8. The relationship of the Defendant to the child is that of natural mother. Defendant currently resides at 1483 Towhee Run, Oviedo, Florida, 32765. 9. Plaintiff previously filed a Complaint in Custody at the above term and docket number on April 4, 2005 and a stipulated Order of Court was entered on August 1, 2005. Said Order is attached as Exhibit A. 10. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child. 11. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Defendant is not abiding by the terms of the parties' agreement. (b) Defendant does not permit the child to call Plaintiff. (c) The child had great difficulty adjusting to a new school and now Defendant is again moving and changing the child's school. If granted primary physical custody, Plaintiff is willing to relocate to the child's previous school district where her childhood friends attend. (d) The child wishes to reside with Plaintiff and is unhappy residing with Defendant. (e) Defendant told the child before they moved to Florida last fall that if she tried it and did not like living in Florida that she could move back to Pennsylvania with Plaintiff. r (f) It is believed and therefore averred that Defendant's relationship with her husband is unstable and that he is currently in Pennsylvania while Plaintiff remains in Florida with the child. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an order granting to him primary physical and shared legal custody of his daughter. Respectfully submitted, BY: ? G J anne B. Costopoulos, Esquire AATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Telephone: (717) 920-2500 PA Supreme Ct. ID No. 68735 EXHIBIT B KEVIN W. CLAPPER, Plaintiff V. SIERRA MARK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1784 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this )aa- day of 2005, upon stipulation of the parties, it is HEREBY ORDERED AND DECREED that: 1. It is the intention of the parties and the parties agree that they will have shared legal custody of Hayden D. Clapper. The parties agree that major decisions concerning their child, including, but not 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 party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party 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 intormation from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. 5309. 2. Mother shall have primary physical custody of Hayden D. Clapper. 3. Father shall be entitled to periods of partial custody of Hayden on the following schedule: a. Hayden's spring break from school. b. Except for a two week period in the middle of the summer when Hayden shall be with Mother, Hayden shall be in the custody of Father for the summer months. Summer shall be defined as commencing one week after school ends and ending one week before the next school year begins. C. Hayden's Christmas break from school. d. Hayden's Thanksgiving break from the Friday after Thanksgiving Day at noon through Sunday at 10:00 a.m. The Sunday return time shall be modifiable to coordinate with Hayden's return flight. 4. Father shall be permitted to make one telephone call to Hayden per week. If Hayden is not available when Father's call is made, Mother shall make sure that Hayden's return telephone call is made to Father within twenty-four hours of Father's call. 5. The parties agree that they shall share the cost of Hayden's transportation as follows: a. Mother shall pay for the expenses for the Thanksgiving trip and the two week visit with Mother in the middle of the summer. b. Mother and Father shall equally share all costs of the following three (3) round trip fares: Christmas, spring break and summer. The travel times for the summer being defined as traveling one week after school ends and ending one week before the next school year begins. 6. Specific dates for travel shall be controlled or governed by Hayden's school calendar. Mother shall provide Father with a copy of the school calendar and any updates or changes as soon as they are received by her. 7. Mother shall make flight arrangements for all of Hayden's visits to Father. The arrangements shall be made at least thirty (30) days in advance and Mother shall notify Father of the flight information as soon as arrangements are confirmed. Unless otherwise agreed by the parties, Hayden shall fly out of and into the Harrisburg, Pennsylvania and Orlando, Florida airports. Mother shall advance the cost of the flights and Father shall reimburse Mother his fifty percent (50%) share of the costs within ten (10) days of receipt of the flight information. In the event that Father does not reimburse Mother, then Father shall be responsible for all arrangements and costs for Hayden's next unconfirmed round trip flight to Pennsylvania and back to Florida. 8. An interest bearing money market account shall be established by the parties. The account shall be in the joint names of Kevin W. Clapper and Sierra Mark and shall be a restricted account requiring the signatures of both parties on any withdrawals from the account, The parties agree that the account shall be used for Hayden's education, to cover the cost of catastrophic illness or to meet other mutually agreed to needs of Hayden. In lieu of paying child support directly to Mother or through the Domestic Relations Office, Father shall deposit $450.00 per month into the money market account established by this paragraph. 9. Mother shall be responsible for medical coverage for Hayden and Father shall be responsible for dental insurance for Hayden. Any non-covered expenses due to catastrophic illness or injury shall be shared equally by the parties or (if agreed to by the parties) paid from the money market account established by Paragraph 8 of this agreement. 10. In return for Father's $450 monthly deposits into an account for Hayden and the other conditions noted above in Paragraph 8, Mother agrees to waive her right to file for child support or receive any additional child support from Father. In the event that Mother, for reasons other than those set forth in paragraph 12 below, files for and obtains a child support order, Mother shall pay into the escrow account an amount equal to the amount she receives in child support and Mother shall become responsible for 100% of the airfare for Hayden's visits to Father. In addition, should Mother, contrary to the terms of this agreement, seek to modify the support arrangement, Father shall be entitled to have custody of Hayden on Thanksgiving Day. 11. In this regard, Mother agrees to terminate the existing Support Order docketed to No. 412 S 2000, PACSES No. 696102280, with regard to any future child support for Hayden upon receipt of the Court Order entered in conjunction with this Stipulation. If any arrearages exist on said Order, said arrearage will stand. 12. This agreement shall be modifiable or subject to termination based upon the occurrence of one or more of the following events: a. In the event that Sierra and John separate or divorce or in the event of John's death while the parties are still residing together. b. Mother's return with Hayden to Pennsylvania; C. Father's filing a Petition to Modify the current custody schedule; or there is an agreed to change whereby Father has primary custody; d. Father's failure to make timely monthly payments of $450.00 into the agreed to account; and e.,, If either John or Father become disabled and unable to work or if either John or Father's adjusted gross income is involuntarily reduced by fifty percent. BY THE COURT: 3 13141A Lj"- 79516.1 0 / J. rnUE C40PI rRo m RECOpy In T"Umpny wttertiai, 1 tobr# unto set"hand and ttia I:" of said Cawrt at Carilsits, N. rhis_L.. - day otw? ? N - _ ?? . ? ?.__ -r _. ` ._ ; ? -e t:. i ._. , c a C ". .? v? h? Fw' KEVIN W. CLAPPER, Plaintiff VS. SIERRA MARK, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1784 CIVIL ACTION LAW IN CUSTODY PRAECIPE TO WITHDRAW PLAINTIFF'S PETITION TO MODIFY CUSTODY TO THE PROTHONOTARY: Please mark Plaintiff's Petition to Modify Custody filed on June 5, 2006, withdrawn and discontinued. Also, please cancel the Pre-Hearing Custody Conference scheduled on June 30, 2006 before Dawn S. Sunday, Esquire. Respectfully submitted, BY: Jeann6 B. Costopoulos, Esgmr ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Telephone: (717) 920-2500 ?p fz /Q 6 PA Supreme Ct. ID No. 68735 Dated: / `zl i KEVIN W. CLAPPER, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 05-1784 CIVIL ACTION LAW SIERRA MARK, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Jeannd B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person(s), and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Sandra L. Meilton, Esquire 111 North Front Street Harrisburg, PA 17101 Dawn S. Sunday, Esquire 39 W. Main Street Mechanicsburg, PA 17055 BY: Jeannd B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 PA Supreme Ct. ID No. 68735 Dated: / G ! v rV. rv G> r J7 -c RECEIVED IUL 0 7 ?006 KEVIN W. CLAPPER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 05-1784 CIVIL ACTION LAW SIERRA MARK Defendant IN CUSTODY ORDER AND NOW, this 5th day of July , the conciliator, being advised that Plaintiff has withdrawn and discontinued his Petition to Modify Custody, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for June 30, 2006 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ?z_ . ''ill ?? ilil-l JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff KEVIN W. CLAPPER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. SIERRA BUCCHEIT (MARK), Defendant No. 05-1784 CIVIL ACTION LAW IN CUSTODY AND NOW, the Plaintiff, Kevin W. Clapper, by and through his attorney, Jeanne B. Costopoulos, Esquire, makes the following Petition to Modify Custody: 1. The Plaintiff, Kevin W. Clapper, is an adult individual who currently resides at 704 Shield Street, Harrisburg, Dauphin County, Pennsylvania, 17109. 2. The Defendant, Sierra Buccheit, is an adult individual who currently resides at 1483 Towhee Run, Oviedo, Florida, 32765. 3. The parties have one dependent child, namely Hayden D. Clapper, born September 24, 1992. 4. The Plaintiff seeks primary physical and shared legal custody of the following child: Age Hayden D. Clapper 1483 Towhee Run Oviedo, FL 32765 15 %a years (DOB 9/24/1992) 5. The child, Hayden D. Clapper ("the child" or "Hayden" hereinafter) is presently in the custody of her mother, Defendant, Sierra Buccheit, who resides at 1483 Towhee Run, Oviedo, Florida, 32765. 6. Plaintiff was divorced from Defendant on May 7, 2002. The child was not born out of wedlock. 7. The relationship of the Plaintiff to the child is that of natural father. Plaintiff ("Father" hereinafter) currently resides at 704 Shield Street, Harrisburg, Dauphin County, Pennsylvania, 17109. 8. The relationship of the Defendant to the child is that of natural mother. Defendant ("Mother" hereinafter) currently resides at 1483 Towhee Run, Oviedo, Florida, 32765. 9. Father previously filed a Complaint in Custody at the above term and docket number on April 4, 2005 and a stipulated Order of Court was entered on August 1, 2005. Said Order is attached as Exhibit A. 10. The best interests and permanent welfare of Hayden will be served by granting the relief requested because: (a) Hayden has been opposed to residing in Florida since Mother took her there against her wishes in 2005. Hayden continues to be unhappy in Florida and strongly desires to return to Pennsylvania; (b) Mother and her husband argue and disparage one another in the presence of Hayden and Hayden has often heard Mother's husband call Mother a "fucking bitch"; (c) Especially on Sunday nights, Mother and her husband have often made Hayden attend dinner with them after which they stay out drinking alcoholic beverages until 9:00 or 10:00 p.m., risking Hayden's safety as they drive under the influence of alcohol. Such outings also prevent Hayden from completing homework or other activities she would like to do before bed. (d) Recently, Hayden had a friend staying over on a Friday night and Mother came home intoxicated and started yelling at Hayden about various household chores. (e) Mother restricts Hayden from reasonable phone contact with Father. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant him primary physical and shared legal custody of his daughter, Hayden. Respectfully Submitted: By: ANNE B. COSTOPOULOS, E IRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 I, Kevin W. Clapper, hereby verify that the statements made in the foregoing Petition to Modify Custody Order are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: ..S oq Signature: CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Sierra Buccheit 1483 Towhee Run Oviedo, FL 32765 By: MilTUE-B. COSTOPO UIRE Date: Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Ti IBIT A EX KEVIN W. CLAPPER, Plaintiff V. SIERRA MARK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1764 CIVIL. ACTION LAW IN CUSTODY ORDER AND NOW, this - Jga? day of , 2005, upon stipulation of the parties, it is HEREBY ORDERED AND DECREED that: 1. It is the intention of the parties and the parties agree that they will have shared legal custody of Hayden D. Clapper. The parties agree that major decisions concerning their child, including, but not limited to, the child's health, welfare, education, religious training and dpbdnging 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 chili. 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 concem to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions J necessitated thereby. However, that party 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 pursuant to 23 Pa.C.S. 5309. 2. Mother shall have primary physical custody of Hayden D. Clapper. 3. Father shall be entitled to periods of partial custody of Hayden on the following schedule: a. Hayden's spring break from school. b. Except for a two week period in the middle of the summer when Hayden shall be with Mother, Hayden shall be in the custody of Father for the summer months. Summer shall be defined as commencing one week after school ends and ending one week before the next school year begins. C. Hayden's Christmas break from school. d. . Hayden's Thanksgiving break from the Friday after Thanksgiving Day at noon through Sunday at 10:00 a.m, The Sunday return time shall be modifiable to coordinate with Hayden's return flight. 4. Father shall be permitted to make one telephone call to Hayden per week. If Hayden is not available when Father's call is made, Mother shall make sure that Hayden's return telephone call is made to Father within twenty-four hours of Father's call. 5. The parties agree that they shall share the cost of Hayden's transportation as follows: a. Mother shall pay for the expenses for the Thanksgiving trip and the two week visit with Mother in the middle of the summer. b. Mother and Father shall equally share all costs of the following three (3) round trip fares: Christmas, spring break and summer. The travel times for the summer being defined as traveling one week after school ends and ending one week before the next school year begins. 6. Specific dates for travel shall be controlled or governed by Hayden's school calendar. Mother shall provide Father with a copy of the school calendar and any updates or changes as soon as they are received by her. 7. Mother shall make flight arrangements for all of Hayden's visits to Father. The arrangements shall be made at least thirty (30) days in advance and Mother shall notify Father of the flight information as soon as arrangements are confirmed. Unless otherwise agreed by the parties, Hayden shall fly out of and into the Harrisburg, Pennsylvania and Orlando, Florida airports. Mother shall advance the cost of the flights and Father shall reimburse Mother his fifty percent (50%) share of the costs within ten (10) days of receipt of the flight information. In the event that Father does not reimburse Mother, then Father shall.be responsible for all arrangements and costs for Hayden's next unconfirmed round trip flight to Pennsylvania and back to Florida. 8. An interest bearing money market account shall be established by the parties. The account shall be in the joint names of Kevin W. Clapper and Sierra Mark and shall be a restricted account requiring the signatures of both parties on any withdrawals from the account. The parties agree that the account shall be used for Hayden's education, to cover the cost of catastrophic illness or to meet other mutually agreed to needs of Hayden. In lieu of paying child support directly to Mother or through the Domestic Relations Office, Father shall deposit $450.00 per month into the money market account established by this paragraph. 9. Mother shall be responsible for medical coverage for Hayden and Father shall be responsible for dental insurance for Hayden. Any non-covered expenses due to catastrophic illness or injury shall be shared equally by the parties or (if agreed to by the parties) paid from the money market account established by Paragraph 8 of this agreement. 10. In return for Father's $450 monthly deposits into an account for Hayden and the other conditions noted above in Paragraph 8, Mother agrees to waive her right to file for child support or receive any additional child support from Father. In the event that Mother, for reasons other than those set forth in paragraph 12 below, files for and obtains a child support order, Mother shall pay into the escrow account an amount equal to the amount she receives in child support and Mother shall become responsible for 100% of the airfare for Hayden's visits to Father. In addition, should Mother, contrary to the terms of this agreement, seek to modify the support arrangement, Father shall be entitled to have custody of Hayden on Thanksgiving Day. 11. In this regard, Mother agrees to terminate the existing Support Order docketed to No. 412 S 2000, PACSES No. 696102280, with regard to any future child support for Hayden upon receipt of the Court Order entered in conjunction with this Stipulation. If any arrearages exist on said Order, said arrearage will stand. 12. This agreement shall be modifiable or subject to termination based upon the occurrence of one or more of the following events: a. In the event that Sierra and John separate or divorce or in the event of John's death while the parties are still residing together. b. Mother's return with Hayden to Pennsylvania; c. Father's filing a Petition to Modify the current custody. schedule; or there is an agreed to change whereby Father has primary custody; d. Father's failure to make timely monthly payments of $450.00 into the agreed to account; and e_•, If either John or Father become disabled and unable to work or if either John or Father's adjusted gross income is involuntarily reduced by fifty percent. BY THE COURT: 1 S/ ?Jw .,?V?7l?? 79516.1 1 TRUE COPY FROM RECORL' In T!? wr11611'lOf, tars uaa tied my han0 and tho "M M SW COW at Carp, Ft Tt, ...day ot?? ?.w 4Ft. ? O p ? nv 0o P? ! - 00 > { 77 j m J f-j ? -C KEVIN W. CLAPPER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-1784 CIVIL ACTION LAW SIERRA BUCCHEIT (MARK) IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 14, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, June 10, 2008 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. Sunda 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 Telephone (717) 249-3166 a`Fi?VA-V&"?N-nd AIN r l(3? 0? :i d s! ANgooz A:dViO N ?k-LC c d '.4:'.Hi ?O 331-4i W Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclayAdzmmelaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN W. CLAPPER, Plaintiff V. Docket No. 2005-1784 CIVIL ACTION-LAW SIERRA BUCCHEIT (MARK), Defendant (In Custody) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Petition is served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC DATE: (D By: , S dra L. Meilton, Esquire, I.D. No. 32551 Lindsay Gingrich Maclay, Esquire, I.D. No. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandes que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogodo una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en le demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 DALEY ZUCKER WILTON MINER & GINGRICH, LLC By: I"A ? 'Sandra L. Meilton, Es ire Attorney I.D. No. 32551 Lindsay Gingrich Maclay, Esquire Attorney I.D. No. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 hnaclav@dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN W. CLAPPER, Plaintiff Docket No. 2005-1784 V. SIERRA BUCCHEIT (MARK), Defendant CIVIL ACTION-LAW (In Custody) PETITION TO TRANSFER CUSTODY MATTER TO SEMINOLE COUNTY, FLORIDA PURSUANT TO Pa. R.C.P.1006(d)(1) - FORUM NON CONVENIENS AND NOW, this J day of June, 2008, comes Defendant, Sierra Buchheit (incorrectly spelled as Buccheit by Plaintiff) (Mark) (hereinafter referred to as "Mother"), by and through her attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, and files these Petition to Transfer Custody Matter to Seminole County, Florida pursuant to Rule 1006 (d)(1) of the Pennsylvania Rules of Civil Procedure and avers as follows: Plaintiff, Kevin W. Clapper (hereinafter referred to as "Father"), initiated the above matter by filing a Petition to Modify Custody at the above-referenced term on or about May 9, 2008. A copy of the Petition is attached hereto as Exhibit "A" and is incorporated herein by reference. 2. On May 14, 2008, an Order was issued scheduling a Custody Conciliation Conference with Conciliator Dawn S. Sunday on Tuesday, June 10, 2008. A copy of the May 14, 2008 Custody Conciliation Scheduling Order is attached hereto as Exhibit "B" and is incorporated herein by reference. 3. By Father's own admission in his pleading, the child, Hayden D. Clapper, whose date of birth is September 24, 1992 (hereinafter referred to as the "Child"), has lived with Mother in Florida since in or about August of 2005. 4. Prior to the move, Father filed a Complaint for Custody on April 4, 2005 and a stipulated Order was entered on August 1, 2005. A copy of the August 1, 2005 Order of Court entered by the Honorable Edgar B. Bayley is attached hereto as Exhibit "C" and is incorporated herein by reference. 5. Mother and the Child have been living in Florida since August of 2005. 6. The Child has only returned to Pennsylvania approximately five (5) times since August of 2005 and has therefore had minimal contacts with Pennsylvania. 7. Pursuant to 23 Pa.C.S.A. § 5402, the "Home State" is defined as "[t]he state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding"... and "A period of temporary absence of any of the mentioned persons is part of the period." 8. The Child has resided in Florida since August of 2005. This period exceeds the six (6) months contemplated in 23 Pa.C.S.A. § 5402. 9. Pursuant to 23 Pa.C.S.A. § 5406: A child custody determination made by a court of this Commonwealth that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this Commonwealth or notified in accordance with section 5408 (relating to notice to persons outside this Commonwealth) or who have submitted to the jurisdiction of the court and who have been given the opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. Emphasis Added. 10. Although there is a Custody Order in place, Father has filed a Petition to Modify same, wherein he is requesting a complete and total change in custody in that he be named primary physical custodian of the Child. 11. Pursuant to 23 Pa.C.S.A. § 5422: [A] court of this Commonwealth which has made a child custody determination consistent with section 5421 (relating to initial child custody jurisdiction) or section 5423 (relating to jurisdiction to modify determination) has exclusive, continuing jurisdiction over the determination until... a court of this Commonwealth determines that neither the child, nor the child and one parent ... have a significant connection with this Commonwealth and that substantial evidence is no longer available in this Commonwealth concerning the child's care, protection, training and personal relationships... 12. The Child has lived with Mother in Florida since August of 2005. 13. All potential witnesses who can speak to how the Child's development on a day-to-day basis with regard to the custody matter are in Florida, including school teachers, doctors, friends, teammates, etc. 14. It would be inconvenient and costly to have those witnesses testify in Pennsylvania. 15. Having those witnesses testify telephonically would not have the same impact if they would testify in person and therefore telephonic testimony is potentially prejudicial to Mother's case. 16. Pursuant to Pennsylvania Rule of Civil Procedure 1006(d)(1), "[f]or the convenience of parties and witnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought." 17. Contemporaneously with the filing of this Petition to Transfer Custody based upon forum non conveniens, Mother is filing Preliminary Objections pursuant to Rule 1028(a)(1) - improper venue. A copy of Mother's Preliminary Objections are attached hereto as Exhibit "D" and are incorporated by reference as if set forth at length herein. 18. Pennsylvania is no longer the "Home State" of the subject Child, nor is Cumberland County, Pennsylvania the proper venue, and therefore this Court should relinquish jurisdiction to Oviedo, Seminole County, Florida, in the pending Petition for Modification of Custody. 19. Defendant's counsel sought concurrence with Plaintiffs counsel via telephone call to her voice mail on June 3, 2008; however, as of the filing of this Petition, no return call had been received by Defendant's counsel from Plaintiffs counsel. WHEREFORE, Defendant, Sierra Buchheit (Mark), respectfully requests this Honorable Court grant her Petition to Transfer this Custody Matter from Cumberland County, Pennsylvania to Seminole County, Florida pursuant to Pennsylvania Rule of Civil Procedure 1006(d)(1) and thereby relinquish jurisdiction to the state of Florida. Respectfully Submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: Z4414 andra L. Meilton, Esq re, I.D. No. 32551 Lindsay Gingrich Maclay, Esquire, I.D. No. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant ATTORNEY VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Sandra L. Meilton, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Defendant/Petitioner in the within action; that she takes this affidavit on behalf of Defendant/Petitioner as the Defendant/Petitioner is outside the jurisdiction of the Court and her verification cannot be obtained within the time required for the filing of the within pleading and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. andra L. Meilton Sworn to and subscribed before me this 3 day of June, 200 . Notary Public COMMONWEALTH OF PENNSYLVAMA NOTARIAL SEAL Gloria M Rine, Notary Public Lower Paxton Township, Dauphin Co" it commission expires November 15, 2011 CERTIFICATE OF SERVICE AND NOW, this ' day of June 2008, I Gloria M. Rine Paralegal hereby certify the following person was served with the foregoing Petition to Transfer Custody Matter. This document was hand-delivered to the person listed below: Jeanne B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 DALEY ZUCVR MEILTON MINER & GINGRICH, LLC G ? By: Gloria M. Kine, Paralegal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Exhibit "A" KEVIN W. CLAPPER, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 05-1784 CIVIL ACTION LAW SIERRA BUCCHEIT (MARK), Defendant : IN CUSTODY AND NOW, this day of 2008, upon consideration of the within Petition to Modify Custody, it is hereby directed that the parties and their respective counsel appear at before the conciliator, on the day of , 2008, at .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the `conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to the scheduled conference. FOR THE COURT: BY: Custody Conciliator 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 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, PA 17013-3308 (717) 249-3166 JEANN#, B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff KEVIN W. CLAPPER, : THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. SIERRA BUCCHEIT (MARK), Defendant No. 05-1784 CIVIL ACTION LAW IN CUSTODY AND NOW, the Plaintiff, Kevin W. Clapper, by and through his attorney, Jeannd B. Costopoulos, Esquire, makes the following Petition to Modify Custody: 1. The Plaintiff, Kevin W. Clapper, is an adult individual who currently resides at 704 Shield Street, Harrisburg, Dauphin County, Pennsylvania, 17109. 2. The Defendant, Sierra Buccheit, is an adult individual who currently resides at 1483 Towhee Run, Oviedo, Florida, 32765. 3. The parties have one dependent child, namely Hayden D. Clapper, born September 24,1992. 4. The Plaintiff seeks primary physical and shared legal custody of the following child: Age Hayden D. Clapper 1483 Towhee Run Oviedo, FL 32765 15f2 years (DOB 9/24/1992) 5. The child, Hayden D. Clapper ("the child" or "Hayden" hereinafter) is presently in the custodv of her mother, Defendant, Sierra Buccheit, who resides at 1483 Towhee Run, Oviedo, Florida, 32765. 6. Plaintiff was divorced from Defendant on May 7, 2002. The child was not bom out of wedlock. 7. The relationship of the Plaintiff to the child is that of natural father. Plaintiff ("Father" hereinafter) currently resides at 704 Shield Street, Harrisburg, Dauphin County, Pennsylvania, 17109. 8. The relationship of the Defendant to the child is that of natural mother. Defendant ("Mother" hereinafter) currently resides at 1483 Towhee Run, Oviedo, Florida, 32765. 9. Father previously filed a Complaint in Custody at the above term and docket number on April 4, 2005 and a stipulated Order of Court was entered on August 1, 2005. Said Order is attached as Exhibit A. 10. The best interests and permanent welfare of Hayden will be served by granting the relief requested because: (a) Hayden has been opposed to residing in Florida since Mother took her there against her wishes in 2005. Hayden continues to be unhappy in Florida and strongly desires to return to Pennsylvania; (b) Mother and her husband argue and disparage one another in the presence of Hayden and Hayden has often heard Mother's husband call Mother a "fucking bitch"; (c) Especially on Sunday nights, Mother and her husband have often made Ravd n attend dinner with them after which thf+v ctnv niit dri"Vin" alrnhnNo beverages until 9:00 or 10:00 p.m., risking Hayden's safety as they drive under the influence of alcohol. Such outings also prevent Hayden from completing' homework or other activities she would like to do before bed. (d) Recently, Hayden had a friend staying over on a Friday night and Mother came home intoxicated and started yelling at Hayden about various household chores. (e) Mother restricts Hayden from reasonable phone contact with Father. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant him primary physical and shared legal custody of his daughter, Hayden. Respectfully Submitted: By: AN B. COSTOPOULOS, E RE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Televhone No. (717) 221-0900 I, Kevin W. Clapper, hereby verify that the statements made in the foregoing Petition to Modify Custody Order are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4900 relating to unsworn falsification to au nom: 517 16q- CERTIFICATE OF SERVICE I, Jeannd B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and m the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Date: Sierra Buccheit 1483 Towhee Run Oviedo, FL 32765 By: f:::= - B. COSTO UIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 E xhibit "B" KEVIN W. CLAPPER IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. • 2005-1784 CIVIL ACTION LAW SIERRA BUCCHEIT (MARK) IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 14, 2008 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on ? Tuesday, June 10, 2008 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define 'and narrow the issues to be heard by the court, and to enter into a temporary order. 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. { = ' ... 711? ?, By: Is/ Dawn S. Sunda Es cn, tp Custody Conciliator ±t'`L The Court of Common Pleas of Cumberland County is required by law to comply w4 the Amek6ns with Disabilites Act of 1990. .For information about accessible facilities and reasonable accomrnodic& ns .:, 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 Exhibit "C" KEVIN W. CLAPPER, Plaintiff V. SIERRA MARK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-1784 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this k%r day of , upon stipulation of 11 W the parties, it is HEREBY ORDERED AND DECREED that: 1. It is the intention of the parties and the parties agree that they will have shared legal custody of Hayden D. Clapper. The parties agree that major decisions concerning their child, including, but not 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 P the child's best ingest. 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 party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall infbrm 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 pursuant to 23 Pa.C.S. 5309. 2. Mother shall have primary physical custody of Hayden D. Clapper. 3. Father shalt be entitled to periods of partial custody of Hayden on the following schedule: a. Hayden's spring break from school. b. Except for a two week period in the middle of the summer when Hayden shall be with Mother, Hayden shall be in the custody of Father for the summer months. Summer shall be defined as commencing one week after school ends and ending one week before the next school year begins. C. Hayden's Christmas break from school. d. Hayden's Thanksgiving break from the Friday after Thanksgiving Day at noon through Sunday at 10:00 a.m. The Sunday return time shall be modifiable to coordinate with Hayden's return flight. 4. Father shall be permitted to make one telephone call to Hayden per week. If Hayden is not available when Father's call is made, Mother shall make sure that Hayden's return telephone call is made to Father within twenty-four hours of Father's call. 5. The parties agree that they shall share the cost of Hayden's transportation as follows: a. Mother shall pay for the expenses for the Thanksgiving trip and the two week visit with Mother in the middle of the summer. b. Mother and Father shall equally share all costs of the following three (3) round trip fares: Christmas, spring break and summer. The travel times for the summer being defined as traveling one week after school ends and ending one week before the next school year begins. 6. Specific dates for travel shall be controlled or governed by Hayden's school calendar. Mother shall provide Father with a copy of the school calendar and any updates or changes as soon as they are received by her. 7. Mother shall make flight arrangements for all of Hayden's visits to Father. The arrangements shall be made at least thirty (30) days in advance and Mother shall notify Father of the flight information as soon as arrangements are confirmed. Unless otherwise agreed by the parties, Hayden shall fly out of and into the Harrisburg, Pennsylvania and Orlando, Florida airports. Mother shall advance the cost of the flights and Father shall reimburse Mother his fifty percent (50%) share of the costs within ten (10) days of receipt of the flight information. In the event that Father does not reimburse Mother, then Father shall be responsible for all arrangements and costs for Hayden's next unconfirmed round trip flight to Pennsylvania and back to Florida. 8. An interest bearing money market account shall be established by the parties. The account shall be in the joint names of Kevin W. Clapper and Sierra Mark and shall be a restricted account requiring the signatures of both parties on any withdrawals from the account. The parties agree that the account shall be used for Hayden's education, to cover the cost of catastrophic illness or to meet other mutually agreed to needs of Hayden. In lieu of paying child support directly to Mother or through the Domestic Relations Office, Father shall deposit $450.00 per month into the money market account established by this paragraph. 9. Mother shall be responsible for medical coverage for Hayden and Father shall be responsible for dental insurance for Hayden. Any non-covens expenses due to catastrophic illness or injury shall be shared equally by the parties or (if agreed to by the parties) paid from the money market account established by Paragraph 8 of this agreement. 10. In return for Father's $450 monthly deposits Into an account for Hayden and the other conditions noted above in Paragraph 8, Mother agrees to waive her right to file for child support or receive any additional chill support from Father. In the event that Mother, for reasons other than those set forth in paragraph 12 below, files for and obtains a child support order, Mother shall pay into the escrow account an amount equal to the amount she receives in chili support and Mother shall become responsible for 1000/0 of the airfare for Hayden's visits to Father. In addition, should Mother, contrary to the terms of this agreement, seek to modify the support arrangement, Father shall be entitled to have custody of Hayden on Thanksgiving Day. 11. In this regard, Mother agrees to terminate the existing Support Order docketed to No. 412 S 2000, PACSES No. 696102280, with regard to any future child support for Hayden upon receipt of the Court Order entered in conjunction with this Stipulation. If any arrearages exist on said Order, said arrearage will stand. 12. This agreement shall be modifiable or subject to termination based upon the occurrence of one or more of the following events: a. In the event that Sierra and John separate or divorce or in the event of John's death while the parties are still residing together. b. Mother's return with Hayden to Pennsylvania; C. Father's filing a Petition to Modify the current custody schedule; or there is an agreed to change whereby Father has primary custody; d. Father's failure to make timely monthly payments of $450.00 into the agreed to account; and e. If either John or Father become disabLedpmd unable to work or if either John or Father's adjusted gross income is invduntarily p;l by fifty 7%16.1 J. E xhibit "D" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN W. CLAPPER, Docket No. 2005-1784 Plaintiff V. CIVIL ACTION-LAW SIERRA BUCCHEIT (MARK), Defendant (In Custody) ORDER AND NOW, this day of , 2008, upon consideration of the Defendant's Preliminary Objections, it is hereby ORDERED and DECREED that Defendant's Preliminary Objections pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(1) are GRANTED. Jurisdiction to Plaintiff's pending custody action in Cumberland County, Pennsylvania, is RELINQUISHED, and the case is hereby to be TRANSFERRED to Seminole County, Florida and jurisdiction in the state of Florida is hereby CONFIRMED. BY THE COURT, , J. cc: The Honorable Edgar B. Bayley, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 Dawn S. Sunday, Esquire, SUNDAY & SUNDAY, 39 West Main Street, Mechanicsburg, Pennsylvania 17055, Custody Conciliator Jeanne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, Pennsylvania 17055, Counsel for Plaintiff Sandra L. Meilton, Esquire, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC, 1029 Scenery Drive, Harrisburg, Pennsylvania 17109, Counsel for Defendant Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclavQdzmmalaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN W. CLAPPER, Plaintiff Docket No. 2005-1784 V. SIERRA BUCCHEIT (MARK), Defendant CIVIL ACTION-LAW (In Custody) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after these Preliminary Objections are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 DALEY UCKER MEILTON MINER & GINGRICH, LLC DATE: By: Sandra L. Meilton, Esq ' e, I.D. No. 32551 Lindsay Gingrich Maclay, Esquire, I.D. No. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandes que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogodo una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en le demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC ]By: Sandra L. XuMeilton, Esquire Attorney I.D. No. 32551 Lindsay Gingrich Maclay, Esquire Attorney I.D. No. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 hnaclayQdzmmglaw. corn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN W. CLAPPER, Docket No. 2005-1784 Plaintiff V. CIVIL ACTION-LAW SIERRA BUCCHEIT (MARK), Defendant (In Custody) DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S PETITION TO MODIFY CUSTODY AND TO ANY ORDERS ENTERED PURSUANT THERETO AND NOW, this 3 day of June, 2008, comes Defendant, Sierra Buchheit (incorrectly spelled as Buccheit by Plaintiff) (Mark) (hereinafter referred to as "Mother"), by and through her attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, and files these Preliminary Objections pursuant to Rule 1028(a)(1) of the Pennsylvania Rules of Civil Procedure and avers as follows: 1. Plaintiff, Kevin W. Clapper (hereinafter referred to as "Father"), initiated the above matter by filing a Petition to Modify Custody at the above-referenced term on or about May 9, 2008. A copy of the Petition is attached hereto as Exhibit "A" and is incorporated herein by reference. 2. On May 14, 2008, an Order was issued scheduling a Custody Conciliation Conference with Conciliator Dawn S. Sunday on Tuesday, June 10, 2008. A copy of the May 14, 2008 Custody Conciliation Scheduling Order is attached hereto as Exhibit "B" and is incorporated herein by reference. 3. By Father's own admission in his pleading, the child, Hayden D. Clapper, whose date of birth is September 24, 1992 (hereinafter referred to as the "Child"), has lived with Mother in Florida since in or about August of 2005. 4. Prior to the move, Father filed a Complaint for Custody on April 4, 2005 and a stipulated Order was entered on August 1, 2005 by the Honorable Edgar B. Bayley. A copy of the August 1, 2005 Order of Court is attached hereto as Exhibit "C" and is incorporated herein by reference. 5. Contrary to the August 1, 2005 Custody Order currently in place, Father has only exercised his periods of custody with the Child approximately five (5) times since the Child moved to Florida in 2005. See Exhibit "C". 6. Contrary to the August 1, 2005 Custody Order currently in place, Father has NEVER exercised his right to summer custody of the Child. See Exhibit "C". Preliminary Objections Pursuant to Rule 1028(a)(1) of the Pennsylvania Rules of Civil Procedure -Lack of Subject Matter Jurisdiction/Improper Venue 7. Mother incorporates by reference the averments contained in Paragraphs 1 through 6 of her Preliminary Objections as if fully set forth at length herein. 8. Mother and the Child have been living in Florida since August of 2005. 9. The Child has only returned to Pennsylvania approximately five (5) times since August of 2005 and has therefore had minimal contacts with Pennsylvania. 10. Pursuant to 23 Pa.C.S.A. § 5402, the "Home State" is defined as "[t]he state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding"... and "A period of temporary absence of any of the mentioned persons is part of the period." 11. The Child has resided in Florida since August of 2005. This period exceeds the six (6) months contemplated in 23 Pa.C.S.A. § 5402. 12. Pursuant to 23 Pa.C.S.A. § 5406: A child custody determination made by a court of this Commonwealth that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this Commonwealth or notified in accordance with section 5408 (relating to notice to persons outside this Commonwealth) or who have submitted to the jurisdiction of the court and who have been given the opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. Emphasis Added. 13. Although there is a Custody Order in place, Father has filed a Petition to Modify same, wherein he is requesting a complete and total change in custody in that he be named primary physical custodian of the Child, whom he has seen a mere five (5) times since the entry of the August 2005 Order. 14. Pursuant to 23 Pa.C.S.A. § 5422: [A] court of this Commonwealth which has made a child custody determination consistent with section 5421 (relating to initial child custody jurisdiction) or section 5423 (relating to jurisdiction to modify determination) has exclusive, continuing jurisdiction over the determination until... a court of this Commonwealth determines that neither the child, nor the child and one parent ... have a significant connection with this Commonwealth and that substantial evidence is no longer available in this Commonwealth concerning the child's care, protection, training and personal relationships... 15. The Child has lived with Mother in Florida since August of 2005 and has only visited Father in Pennsylvania five (5) times since August of 2005. 16. The Child is attending high school in Florida, is involved in extracurricular activities in Florida, has friends in Florida, sees a doctor and dentist in Florida, sees a therapist in Florida, and is undergoing a psychiatric evaluation in Florida. 17. Contemporaneously with the filing of these Preliminary Objections, Mother is filing a Petition to Transfer the custody matter to Seminole County, Florida based upon forum non conveniens. A copy of the Petition to Transfer is attached hereto as Exhibit "D" and is incorporated by reference as if set forth at length herein. 18. The Child has had minimal contact with Father in Pennsylvania. 19. Under the August 2005 Order, Father is entitled to the majority of the Child's summer vacation; however, since the entry of the August 2005 Order, Father has not once exercised his period of partial custody for the summer. 20. Pennsylvania is no longer the "Home State" of the subject Child, nor is Cumberland County, Pennsylvania the proper venue, and therefore this Court should relinquish jurisdiction to Oviedo, Seminole County, Florida, in the pending Petition for Modification of Custody. WHEREFORE, Defendant, Sierra Buchheit (Mark), respectfully requests this Honorable Court grant her Preliminary Objections pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(1), transfer Plaintiff's pending Petition for Modification of Custody Order in Cumberland County, Pennsylvania to Oviedo, Seminole County, Florida, and thereby relinquish jurisdiction to the state of Florida. Respectfully Submitted, DALEY ZUCKER WILTON MINER & GINGRICH, LLC By: 41?? -If Sandra L. Wilton, Esquire Attorney I.D. No. 32551 Lindsay Gingrich Maclay, Esquire Attorney I.D. No. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant VERIFICATION I, Sierra Buchheit, verify that the statements made in the attached document are true and correct. I understand that false statements-herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Lz??LL,--k Sierra Buchheit Dated: S-- D-"9',6 CERTIFICATE OF SERVICE L? 47411- AND NOW, this ! day of June, 2008, I, Gloria M. Rine, Paralegal, hereby certify the following person was served with the foregoing Preliminary Objections. This document was hand-delivered to the person listed below: Jeannd B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC r By:-- Gloria M. Rine, Paralegal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant E xhibit "A" KEVIN W. CLAPPER, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 05-1784 CIVIL ACTION LAW SIERRA BUCCHEIT (MARK), Defendant : IN CUSTODY AND NOW, this day of , 2008, upon consideration of the within Petition to Modify Custody, it is hereby directed that the parties and their respective counsel appear at before , the conciliator, on the day of , 2008, at m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to the scheduled conference. FOR THE COURT: BY: Custody Conciliator 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 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, PA 17013-3308 (717) 249-3166 JEANNA B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff KEVIN W. CLAPPER, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. SIERRA BUCCHEIT (MARK), Defendant No. 05-1784 CIVIL ACTION LAW : IN CUSTODY AND NOW, the Plaintiff, Kevin W. Clapper, by and through his attorney, Jeann6 B. Costopoulos, Esquire, makes the following Petition to Modify Custody: 1. The Plaintiff, Kevin W. Clapper, is an adult individual who currently resides at 704 Shield Street, Harrisburg, Dauphin County, Pennsylvania, 17109. 2. The Defendant, Sierra Buccheit, is an adult individual who currently resides at 1483 Towhee Run, Oviedo, Florida, 32765. 3. The parties have one dependent child, namely Hayden D. Clapper, born September 24,1992. 4. The Plaintiff seeks primary physical and shared legal custody of the following child: Age Hayden D. Clapper 1483 Towhee Run Oviedo, FL 32765 15%2 years (DOB 9/24/1992) 5. The child, Hayden D. Clapper ("the child" or "Hayden" hereinafter) is presently in the custody of her mother, Defendant, Sierra Buccheit, who resides at 1483 Towhee Run, Oviedo, Florida, 32755. 6. Plaintiff was divorced from Defendant on May 7, 2002. The child was not born out of wedlock. 7. The relationship of the Plaintiff to the child is that of natural father. Plaintiff ("Father" hereinafter) currently resides at 704 Shield Street, Harrisburg, Dauphin. County, Pennsylvania, 17109. 8. The relationship of the Defendant to the child is that of natural .mother. Defendant ("Mother" hereinafter) currently resides at 1483 Towhee Run, Oviedo, Florida, 32765. 9. Father previously filed a Complaint in Custody at the above term and docket number on April 4, 2005 and a stipulated Order of Court was entered on August 1, 2005. Said Order is attached as Exhibit A. 10. The best interests and permanent welfare of Hayden will be served by granting the relief requested because: (a) Hayden has been opposed to residing in Florida since Mother took her there against her wishes in 2005. Hayden continues to be unhappy in Florida and strongly desires to return to Pennsylvania; (b) Mother and her husband argue and disparage one another in the presence of Hayden and Hayden has often heard Mother's husband call Mother a "fucking bitch"; (c) Especially on Sunday nights, Mother and her husband have often made 14nvden nttend runner with them after which thPV etnu mit Ar;nlrina nlrnhnl;r beverages until 9:00 or 10:00 p.m., risking Hayden's safety as they drive under the influence of alcohol. Such outings also prevent Hayden from completing homework or other activities she would like to do before bed. (d) Recently, Hayden had a friend staying over on a Friday night and Mother came home intoxicated and started yelling at Hayden about various household chores. (e) Mother restricts Hayden from reasonable phone contact with Father. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant him primary physical and shared legal custody of his daughter, Hayden. Respectfully Submitted: By: AN B. COSTOPOULOS, E RE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 L Kevin W. Clapper, hereby verify that the statements made in the foregoing Petition to Modify Custody Order are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date. 7 n Si ture CERTIFICATE OF SERVICE I, Jeannb B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Sierra Buccheit 1483 Towhee Run Oviedo, FL 32765 Date: By: :::?? B. - COSTOP UIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Exhibit "B" KEVIN W. CLAPPER IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. • 2005-1784 CIVIL ACTION LAW SIERRA BUCCHEIT (MARK) IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 14, 2008 , upon consideration' of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, June 14, 2008 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished., to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. r7lz By: /s/ Dawn y: S. Sunda Es ,., Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply w-ft thc' e ans with Disabilites Act of 1990. For information about accessible thcilities and reasonable accommodatti?ans 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 TI {E OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN CET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3165 Exhibit "C" KEVIN W. CLAPPER, Plaintiff V. SIERRA MARK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-1784 CIVIL ACTION LAW : IN CUSTODY ORDER AND NOW, this W- day of JWj=-2M upon stipulation of 19 W the parties, it is HEREBY ORDERED AND DECREED that: 1. It is the intention of the parties and the parties agree that they will have shared legal custody of Hayden D. Clapper. The parties agree that major decisions concerning their chiid,'including, but not 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 party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shag 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 pursuant to 23 Pa.C.S. 5309. 2. Mother shall have primary physical custody of Hayden D. Clapper. 3. Father shall be entitled to periods of partial custody of Hayden on the following schedule: a. Hayden's spring break from school. b. Except for a two week period in the middle of the summer when Hayden shall be with Mother, Hayden shall be in the custody of Father for the summer months. Summer shall be defined as commencing one week after school ends and ending one week before the next school year begins. C. Hayden's Christmas break from school. d. Hayden's Thanksgiving break from the Friday after Thanksgiving Day at noon through Sunday at 10:00 a.m. The Sunday return time shall be modifiable to coordinate with Hayden's return flight. 4. Father shall be permitted to make one telephone call to Hayden per week. If Hayden is not available when Father's call is made, Mother shall make sure that Hayden's return telephone call is made to Father within twenty-four hours of Father's call. 5. The parties agree that they shall share the cost of Hayden's transportation as follows: a. Mother shall pay for the expenses for the Thanksgiving trip and the two week visit with Mother in the middle of the summer. b. Mother and Father shall equally share all costs of the following three (3) round trip fares: Christmas, spring break and summer. The travel times for the summer being defined as traveling one week after school ends and ending one week before the next school year begins. 6. Specific dates for travel shall be controlled or governed by Hayden's school calendar. Mother shall provide Father with a copy of the school calendar and any updates or changes as soon as they are received by her, 7. Mother shall make flight arrangements for all of Hayden's visits to Father. The arrangements shall be made at least thirty (30) days in advance and Mother shall notify Father of the flight Information as soon as arrangements are confirmed. Unless otherwise agreed by the parties, Hayden shall fly out of and into the Harrisburg, Pennsylvania and Orlando, Florida airports. Mother shall advance the cost of the flights and Father shall reimburse Mother his fifty percent (50%) share of the costs within ten (10) days of receipt of the flight information. In the event that Father does not reimburse Mother, then Father shall be responsible for all arrangements and costs for Hayden's next unconfirmed round trip flight to Pennsylvania and back to Florida. 8. An interest bearing money market account shall be established by the parties. The account shall be in the joint names of Kevin W. Clapper and Sierra Mark and shall be a restricted account requiring the signatures of both parties on any withdrawals from the account. The parties agree that the account shall be used for Hayden's education, to cover the cost of catastrophic illness or to meet other mutually agreed to needs of Hayden. In lieu of paying child support directly to Mother or through the Domestic Relations Office, Father shall deposit $450.00 per month into the money market account established by this paragraph. 9. Mother shall be responsible for medical coverage for Hayden and Father shah be responsible for dental insurance for Hayden. Any non-covered expenses due to catastrophic illness or injury shall be shared equally by the parties or (if agreed to by the parties) pail from the money market account established by Paragraph 8 of this agreement. 10. In return for Father's $450 monthly deposits into an account for Hayden and the other conditions noted above in Paragraph 8, Mother agrees to waive her right to file for child support or receive any additional child support from Father. In the event that Mother, for reasons other than those set forth in paragraph 12 below, files for and obtains a child support order, Mother shall pay into the escrow account an amount equal to the amount she receives in child support and Mother shall become responsible for 100% of the airfare for Hayden's visits to Father. In addition, should Mother, contrary to the terms of this agreement, seek to modify the support arrangement, Father shall be entitled to have custody of Hayden on Thanksgiving Day. 11. In this regard, Mother agrees to terminate the existing Support Order docketed to No. 412 S 2000, PACSES No. 696102280, with regard to any future child support for Hayden upon receipt of the Court Order entered in conjunction with this Stipulation. If any arrearages exist on said Order, said arrearage will stand. 12. This agreement shall be modifiable or subject to termination based upon the occurrence of one or more of the following events: a. In the event that Sierra and John separate or divorce or in the event of John's death while the parties are still residing together. b. Mother's return with Hayden to Pennsylvania; C. Father's filing a Petition to Modify the current custody schedule; or there is an agreed to change whereby Father has primary custody; d_ Father's failure to make timely monthly payments of $450.00 into the agreed to account; and e. If either John or Father become to work or if either John or Father's adjusted gross income is 79516.1 -no Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 lmaclavCa,dzmmelaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN W. CLAPPER, Plaintiff Docket No. 2005-1784 V. SIERRA BUCCHEIT (MARK), Defendant CIVIL ACTION-LAW (In Custody) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after these Preliminary Objections are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 DALEY UCKER MEILTON MINER & GINGRICH, LLC DATE: By: andra L. Meilton, Esq ' e, I.D. No. 32551 Lindsay Gingrich Maclay, Esquire, I.D. No. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandes que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogodo una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en le demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 DALEY ZUCKER WILTON MINER & GINGRICH, LLC By: Sandra L. Wilton, Esq ire Attorney I.D. No. 32551 Lindsay Gingrich Maclay, Esquire Attorney I.D. No. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 lmaclay(a,dz lawxom IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN W. CLAPPER, Docket No. 2005-1784 Plaintiff V. CIVIL ACTION-LAW SIERRA BUCCHEIT (MARK), Defendant (In Custody) DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S PETITION TO MODIFY CUSTODY AND TO ANY ORDERS ENTERED PURSUANT THERETO r? AND NOW, this 3 day of June, 2008, comes Defendant, Sierra Buchheit (incorrectly spelled as Buccheit by Plaintiff) (Mark) (hereinafter referred to as "Mother"), by and through her attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, and files these Preliminary Objections pursuant to Rule 1028(a)(1) of the Pennsylvania Rules of Civil Procedure and avers as follows: 1. Plaintiff, Kevin W. Clapper (hereinafter referred to as "Father"), initiated the above matter by filing a Petition to Modify Custody at the above-referenced term on or about May 9, 2008. A copy of the Petition is attached hereto as Exhibit "A" and is incorporated herein by reference. 2. On May 14, 2008, an Order was issued scheduling a Custody Conciliation Conference with Conciliator Dawn S. Sunday on Tuesday, June 10, 2008. A copy of the May 14, 2008 Custody Conciliation Scheduling Order is attached hereto as Exhibit "B" and is incorporated herein by reference. 3. By Father's own admission in his pleading, the child, Hayden D. Clapper, whose date of birth is September 24, 1992 (hereinafter referred to as the "Child"), has lived with Mother in Florida since in or about August of 2005. 4. Prior to the move, Father filed a Complaint for Custody on April 4, 2005 and a stipulated Order was entered on August 1, 2005 by the Honorable Edgar B. Bayley. A copy of the August 1, 2005 Order of Court is attached hereto as Exhibit "C" and is incorporated herein by reference. 5. Contrary to the August 1, 2005 Custody Order currently in place, Father has only exercised his periods of custody with the Child approximately five (5) times since the Child moved to Florida in 2005. See Exhibit "C". 6. Contrary to the August 1, 2005 Custody Order currently in place, Father has NEVER exercised his right to summer custody of the Child. See Exhibit "C". Preliminary Obiections Pursuant to Rule 1028(a)(1) of the Pennsylvania Rules of Civil Procedure -Lack of Subiect Matter Jurisdiction/Improper Venue 7. Mother incorporates by reference the averments contained in Paragraphs 1 through 6 of her Preliminary Objections as if fully set forth at length herein. 8. Mother and the Child have been living in Florida since August of 2005. 9. The Child has only returned to Pennsylvania approximately five (5) times since August of 2005 and has therefore had minimal contacts with Pennsylvania. 10. Pursuant to 23 Pa.C.S.A. § 5402, the "Home State" is defined as "[t]he state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding"... and "A period of temporary absence of any of the mentioned persons is part of the period." 11. The Child has resided in Florida since August of 2005. This period exceeds the six (6) months contemplated in 23 Pa.C.S.A. § 5402. 12. Pursuant to 23 Pa.C.S.A. § 5406: A child custody determination made by a court of this Commonwealth that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this Commonwealth or notified in accordance with section 5408 (relating to notice to persons outside this Commonwealth) or who have submitted to the jurisdiction of the court and who have been given the opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. Emphasis Added. 13. Although there is a Custody Order in place, Father has filed a Petition to Modify same, wherein he is requesting a complete and total change in custody in that he be named primary physical custodian of the Child, whom he has seen a mere five (5) times since the entry of the August 2005 Order. 14. Pursuant to 23 Pa.C.S.A. § 5422: [A] court of this Commonwealth which has made a child custody determination consistent with section 5421 (relating to initial child custody jurisdiction) or section 5423 (relating to jurisdiction to modify determination) has exclusive, continuing jurisdiction over the determination until... a court of this Commonwealth determines that neither the child, nor the child and one parent... have a significant connection with this Commonwealth and that substantial evidence is no longer available in this Commonwealth concerning the child's care, protection, training and personal relationships... 15. The Child has lived with Mother in Florida since August of 2005 and has only visited Father in Pennsylvania five (5) times since August of 2005. 16. The Child is attending high school in Florida, is involved in extracurricular activities in Florida, has friends in Florida, sees a doctor and dentist in Florida, sees a therapist in Florida, and is undergoing a psychiatric evaluation in Florida. 17. Contemporaneously with the filing of these Preliminary Objections, Mother is filing a Petition to Transfer the custody matter to Seminole County, Florida based upon forum non conveniens. A copy of the Petition to Transfer is attached hereto as Exhibit "D" and is incorporated by reference as if set forth at length herein. 18. The Child has had minimal contact with Father in Pennsylvania. 19. Under the August 2005 Order, Father is entitled to the majority of the Child's summer vacation; however, since the entry of the August 2005 Order, Father has not once exercised his period of partial custody for the summer. 20. Pennsylvania is no longer the "Home State" of the subject Child, nor is Cumberland County, Pennsylvania the proper venue, and therefore this Court should relinquish jurisdiction to Oviedo, Seminole County, Florida, in the pending Petition for Modification of Custody. WHEREFORE, Defendant, Sierra Buchheit (Mark), respectfully requests this Honorable Court grant her Preliminary Objections pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(1), transfer Plaintiff's pending Petition for Modification of Custody Order in Cumberland County, Pennsylvania to Oviedo, Seminole County, Florida, and thereby relinquish jurisdiction to the state of Florida. Respectfully Submitted, DALEY ZUCKER WILTON MINER & GINGRICH, LLC By: Sandra L. Meilton, Esquire Attorney I.D. No. 32551 Lindsay Gingrich Maclay, Esquire Attorney I.D. No. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant VERIFICATION I, Sierra Buchheit, verify that the statements made in the attached document are true and correct. T understand that false statements. herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Sierra Buchheit Dated: S,-? g CERTIFICATE OF SERVICE Ly 4741 AND NOW, this l day of June, 2008, I, Gloria M. Rine, Paralegal, hereby certify the following person was served with the foregoing Preliminary Objections. This document was hand-delivered to the person listed below: Jeanne B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: Gloria M. Rine, Paralegal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant E xhibit "A" KEVIN W. CLAPPER, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 05-1784 CIVIL ACTION LAW SIERRA BUCCHEIT (MARK), Defendant : IN CUSTODY AND NOW, this day of , 2008, upon consideration of the within Petition to Modify Custody, it is hereby directed that the parties and their respective counsel appear at before , the conciliator, on the day of , 2008, at in., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to the scheduled conference. FOR THE COURT: BY: Custody Conciliator 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 scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN AT'T'ORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OMCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3308 (717) 249 3166 .IEANA B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff KEVIN W. CLAPPER, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. SIERRA BUCCHEIT (MARK.), Defendant No. 05-1784 CIVIL ACTION LAW : IN CUSTODY AND NOW, the Plaintiff, Kevin W. Clapper, by and through his attorney, Jeanne B. Costopoulos, Esquire, makes the following Petition to Modify Custody: 1. The Plaintiff, Kevin W. Clapper, is an adult individual who currently resides at 704 Shield Street, Harrisburg, Dauphin County, Pennsylvania, 17109. 2. The Defendant, Sierra Buccheit, is an adult individual who currently resides at 1483 Towhee Run, Oviedo, Florida, 32765. 3. The parties have one dependent child, namely Hayden D. Clapper, born September 24, 1992. 4. The Plaintiff seeks primary physical and shared legal custody of the following child: Age Hayden D. Clapper 1483 Towhee Run Oviedo, FL 32765 15'l2 years (DOB 9/24/1992) 5. The child, Hayden D. Clapper ("the child" or "Hayden" hereinafter) is presently in the custodv of her mother, Defendant, Sierra Buccheit, who resides at 1483 Towhee Run, r Oviedo, Florida, 32765. 6. Plaintiff was divorced from Defendant on May 7, 2002. The child was not born out of wedlock. 7. The relationship of the Plaintiff to the child is that of natural father. Plaintiff ("Father" hereinafter) currently resides at 704 Shield Street, Harrisburg, Dauphin County, Pennsylvania, 17109. 8. The relationship of the Defendant to the child is that of natural mother. Defendant ("Mother" hereinafter) currently resides at 1483 Towhee Run, Oviedo, Florida, 32765. 9. Father previously filed a Complaint in Custody at the above term and docket number on April 4, 2005 and a stipulated Order of Court was entered on August 1, 2005. Said Order is attached as Exhibit A. 10. The best interests and permanent welfare of Hayden will be served by granting the relief requested because: (a) Hayden has been opposed to residing in Florida since Mother took her there against her wishes in 2005. Hayden continues to be unhappy in Florida and strongly desires to return to Pennsylvania; (b) Mother and her husband argue and disparage one another in the presence of Hayden and Hayden has often heard Mother's husband call Mother a "fucking bitch"; (c) Especially on Sunday nights, Mother and her husband have often made Havdt-n Otend dinner with them nfff-r which thav ctnv neat 4v4nlri"tY nlrnhnlir beverages until 9:00 or 10:00 p.m., risking Hayden's safety as they drive under the influence of alcohol. Such outings also prevent Hayden from completing homework or other activities she would like to do before bed. (d) Recently, Hayden had a friend staying over on a Friday night and Mother came home intoxicated and started yelling at Hayden about various household chores. (e) Mother restricts Hayden from reasonable phone contact with Father. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant him primary physical and shared legal custody of his daughter, Hayden. Respectfully Submitted: By: . ANNE B COSTOPI(I I E IRE Attorney I:13. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telenhone No. (717) 221-0900 I, Kevin W. Clapper, hereby verify that the statements made in the foregoing petition to Modify Custody Order are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904. relating to unsworn falsification to authorities. Date. 15K Signature CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Sierra Buccheit 1483 Towhee Run Oviedo, FL 32765 By: B. COSTOP UIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: Exhibit "B" ........................... ...._....... . KEVIN W. CLAPPER PLAINTIFF V. SIERRA BUCCHEIT (MARK) DEFENDANT IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA • 2005-1784 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 14, 2008 upon consideration of the attached Complaint, it is hereby' directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at. 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, June 10, 2008 µ4Y at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entrv 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, Q By: /s/ Dawn S. Sunda Es r r r? vil Custody Conciliator ?c The Court of Common Pleas of Cumberland. County is required by law to comply w 4 the Amerl?ans with Disabilites Act of 1990. For information about accessible facilities and reasonable; accorn hod ons :. 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 E xhibit "C" KEVIN W. CLAPPER, Plaintiff V. SIERRA MARK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-1784 CIVIL ACTION LAW IN CUSTODY ORDER IL'a, AND NOW, this 01- day of 005, upon stipulation of the parties, it is HEREBY ORDERED AND DECREED that: It is the intention of the parties and the parties agree that they will have shared legal custody of Hayden D. Clapper. The parties agree that major decisions concerning their child, including, but not 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 r 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 party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party 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 pursuant to 23 Pa.C.S. 5309. 2. Mother shall have primary physical custody of Hayden D. Clapper. 3. Father shall be entitled to periods of partial custody of Hayden on the following schedule: a. Hayden's spring break from school. b. Except for a two week period in the middle of the summer when Hayden shall be with Mother, Hayden shall be in the custody of Father for the summer months. Summer shall be defined as commencing one week after school ends and ending one week before the next school year begins. C. Hayden's Christmas break from school. d. Hayden's Thanksgiving break from the Friday after Thanksgiving Day at noon through Sunday at 10:00 a.m. The Sunday return time shall be modifiable to coordinate with Hayden's return flight. 4. Father shall be permitted to make one telephone call to Hayden per week. If Hayden is not available when Fathers call is made, Mother shall make sure that Hayden's return telephone call is made to Father within twenty-four hours of Fathers call. 5. The parties agree that they shall share the cost of Hayden's transportation as follows: a. Mother shall pay for the expenses for the Thanksgiving trip and the two week visit with Mother in the middle of the summer. b. Mother and Father shall equally share all costs of the following three (3) round trip fares: Christmas, spring break and summer. The travel times for the summer being defined as traveling one week after school ends and ending one week before the next school year begins. 6. Specific dates for travel shall be controlled or govemed by Hayden's school calendar. Mother shall provide Father with a copy of the school calendar and any updates or changes as soon as they are received by her. 7. Mother shall make flight arrangements for all of Hayden's visits to Father. The arrangements shall be made at least thirty (30) days in advance and Mother shall notify Father of the flight information as soon as arrangements are confirmed. Unless otherwise agreed by the parties, Hayden shall fly out of and into the Harrisburg, Pennsylvania and Orlando, Florida airports. Mother shall advance the cost of the flights and Father shall reimburse Mother his fifty percent (50%) share of the costs within ten (10) days of receipt of the flight information. In the event that Father does not reknburse Mother, then Father shall be responsible for all arrangements and costs for Hayden's next unconfirmed round trip flight to Pennsylvania and back to Florida. 8. An interest bearing money market account shall be established by the parties. The account shall be in the joint names of Kevin W. Clapper and Sierra Mark and shall be a restricted account requiring the signatures of both parties on any withdrawals from the account. The parties agree that the account shall be used for Hayden's education, to cover the cost of catastrophic illness or to meet other mutually agreed to needs of Hayden. In lieu of paying child support directly to Mother or through the Domestic Relations Office, Father shall deposit $450.00 per month into the money market account established by this paragraph. 9. Mother shall be responsible for medical coverage for Hayden and Father shall be responsible for dental insurance for Hayden. Any non-covered expenses due to catastrophic illness or injury shall be shared equally by the parties or (if agreed to by the parties) paid from the money market account established by Paragraph 8 of this agreement. 10. In return for Father's $450 monthly deposits Into an account for Hayden and the other conditions noted above in Paragraph 8, Mother agrees to waive her right to file for child support or receive any additional child support from Father. In the event that Mother, for reasons other than those set forth in paragraph 12 below, files for and obtains a child support order, Mother shall pay into the escrow account an amount equal to the amount she receives in chili support and Mother shall become responsible for 100% of the airfare for Hayden's visits to Father. In addition, should Mother, contrary to the terms of this agreement, seek to modify the support arrangement, Father shall be entitled to have custody of Hayden on Thanksgiving Day. 11. In this regard, Mother agrees to terminate the existing Support Order docketed to No. 412 S 2000, PACSES No. 696102280, with regard to any future child support for Hayden upon receipt of the Court Order entered in conjunction with this Stipulation. If any arrearages exist on said Order, said arrearage will stand. 12. This agreement shall be modifiable or subject to termination based upon the occurrence of one or more of the following events: a. In the event that Sierra and John separate or divorce or in the event of John's death while the parties are still residing together. b. Mothers return with Hayden to Pennsylvania; C. Father's filing a Petition to Modify the current custody schedule; or there is an agreed to change whereby Father has primary custody; d. Fathers failure to make timely monthly payments of $450.00 into the agreed to account; and e. If either John or Father become diabledAndyrnable to work or if either John or Fathers adjusted gross income is inveluintarily ~by fifty COUFV.. 79518.1 J. ?. 3Hi -1 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff KEVIN W. CLAPPER, ; Plaintiff VS. SIERRA BUCCHEIT (MARK), Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-1784 CIVIL ACTION LAW IN CUSTODY ANSWER TO DEFENDANT'S PETITION TO TRANSFER CUSTODY MATTER TO SEMINOLE COUNTY FLORIDA PURSUANT TO Pa.R.C.P. 1006(d)(1) - FORUM NON CONVENIENS AND NOW, comes the Plaintiff, Kevin W. Clapper, by and through his attorney, Jeanne B Costopoulos, Esquire, and avers the following: Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. It is admitted that the Child has not returned to Pennsylvania as often as mandated by the August 1, 2005 Order. Plaintiff is without sufficient information to determine whether it was exactly five (5) times since August of 2005 that the Child has returned to Pennsylvania. By way of further answer, the sole reason the Child has only returned to Pennsylvania a minimal number of times since August of 2005 is because Defendant has repeatedly violated the August 1, 2005 Order. It is specifically denied that Defendant's actions of contempt have resulted in the child having minimal contacts with Pennsylvania. 7. No answer required. 8. Admitted in part, denied in part. It is admitted that the Child has resided in Florida since August of 2005. No answer is required regarding the remaining averments of paragraph 8 of Defendant's Petition. However, it is denied that 23 Pa.C.S.A. § 5402 is the determinative statute in this case. 9. No answer required. 10. Admitted. 11. No answer required. 12. Admitted. 13. Admitted in part, denied in part. It is admitted that some potential witnesses who can speak as to the Child's development on a day-to-day basis with regard to the custody matter are in Florida, including school teachers, doctors, friends, teammates, etc. By way of further answer, the Child also attended school from Kindergarten through 7th grade in the Cumberland Valley School District, the Child has many friends in Cumberland County, and the Child has a large extended family in Central Pennsylvania. 14. Plaintiff is without sufficient information to know the costs associated with Defendant's witnesses' testimony. However, Plaintiff is willing to stipulate to most of the facts contained in written records of teacher, doctors, dentists, etc. 2 15. No answer required. If determined an answer is required, said averments are denied. 16. No answer required. 17. Admitted. 18. By way of further answer, Pennsylvania has exclusive, continuing jurisdiction pursuant to 23 Pa.C.S.A. §5422 and venue is proper because the Child continues to have a significant connection with Pennsylvania and substantial evidence is available in Pennsylvania concerning the child's care, protection, training and personal relationships. Also, Defendant is in continuing violation of the August 1, 2005 Order and should not be rewarded by transferring the case for her convenience. The Child has prior teachers, doctors, and friends in Pennsylvania and she also has a large extended family in Central Pennsylvania. The Child has no relatives in Florida except for Defendant. Lastly, in light of the Child's age and strong desire to return to Pennsylvania, Plaintiff has a reasonable likelihood of success in obtaining custody of the Child and in such case it would not make sense for the case to have started in Cumberland County, been transferred to Florida, then transferred again back to Cumberland County. 19. No answer required. WHEREFORE, Plaintiff respectfully requests this Honorable Court to deny Plaintiff's Petition pursuant to Pa.R.C.P. §1006(d)(1) and to confirm jurisdiction in Pennsylvania. 3 Respectfully Submitted: B..0 y: MANNE B. COSTOPOU SQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ?d ATTORNEY FOR PLAINTIFF Date: VERIFICATION I, Kevin W. Clapper, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 16 0 Signature: CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through, first class mail, prepaid, and addressed as follows: Sandra L. Meilton, Esquire DALEY ZUCKER WILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 Date: By: ,OKNNE B. COSTOPOUL , DIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ?rs RiI re .c'` ?'" ...? ? . ?; <-i ? ^? . ? •^S JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff KEVIN W. CLAPPER, Plaintiff VS. SIERRA BUCCHEIT (MARK), Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-1784 CIVIL ACTION LAW : IN CUSTODY ANSWER TO DEFENDANT'S PRELIMINARY OJBECTIONS TO PLAINTIFF'S PETITION TO MODIFY CUSTODY AND TO ANY ORDERS ENTERED PURSUANT THERETO AND NOW, comes the Plaintiff, Kevin W. Clapper, by and through his attorney, Jeanne B. Costopoulos, Esquire, and avers the following: Admitted. 2. Admitted. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted that the Child has not returned to Pennsylvania as often as mandated by the August 1, 2005 Order. It is denied that Plaintiff has failed to exercise custody. By way of further answer, the sole reason the Child has only returned to Pennsylvania a minimal number of times since August of 2005 is because Defendant has repeatedly violated the August 1, 2005 Order by withholding custody of the Child from Plaintiff. 6. Admitted in part, denied in part. It is admitted that the Child has not returned to Pennsylvania over the summer since entry of the August 1, 2005 Order. By way of further answer, the sole reason the Child has not returned to Pennsylvania over the summer since August of 2005 is because Defendant has repeatedly violated the August 1, 2005 Order by withholding custody of the Child from Plaintiff. 7. No answer required. 8. Admitted. 9. Admitted in part, denied in part. It is admitted that the Child has not returned to Pennsylvania as often as mandated by the August 1, 2005 Order. Plaintiff is without sufficient information to determine whether it was exactly five (5) times since August of 2005 that the Child has returned to Pennsylvania. By way of further answer, the sole reason the Child has only returned to Pennsylvania a minimal number of times since August of 2005 is because Defendant has repeatedly violated the August 1, 2005 Order. It is specifically denied that Defendant's actions of contempt have resulted in the child having minimal contacts with Pennsylvania. 10. No answer required. 11. Admitted in part, denied in part. It is admitted that the Child has resided in Florida since August of 2005. No answer is required regarding the remaining averments of paragraph 8 of Defendant's Petition. 12. No answer required. 13. Admitted in part; denied in part. It is admitted that Plaintiff is seeking primary custody. Plaintiff is without sufficient information to determine whether it was 2 exactly five (5) times since August of 2005 that the Child has returned to Pennsylvania. By way of further answer, part of the reason Plaintiff is seeking primary custody is because Defendant has repeatedly violated the August 1, 2005 Order by withholding custody and otherwise ignoring the Order. 14. No answer required. 15. See Plaintiff's answers to paragraphs 3, 5, 8, 9, and 13 above, which are incorporated herein by reference, in which Plaintiff previously responded to the repetitive averments which are again set forth in paragraph 15 of Defendant's Petition. 16. Admitted in part; denied in part. It is admitted that the Child is involved in extracurricular activities in Florida, has friends in Florida, and has a doctor and dentist in Florida. It is further admitted that the Child has previously seen a therapist in Florida, although, by way of further answer, it is Plaintiff'-s understanding that the Child only attended a few sessions which, according to the Child, were done in response to Plaintiff s filing of his Petition to Modify Custody and did not address the Child's strong desire to relocate to Pennsylvania. Plaintiff found out about the therapy through the Child, since Defendant has never abided by the terms of the shared legal custody provisions of the August 1, 2005 Order. Plaintiff is without information and has not been consulted regarding the Child undergoing a psychiatric evaluation. 17. Admitted. 18. Admitted in part, denied in part. It is admitted that the Child has not returned to 3 Pennsylvania as often as mandated by the August 1, 2005 Order. By way of further answer, the sole reason the Child has only returned to Pennsylvania a minimal number of times since August of 2005 is because Defendant has repeatedly violated the August 1, 2005 Order. Although Plaintiff has not had physical custody of the child as often as he should have as a result of Defendant's contempt of the Order, he maintained contact with the Child by phone an average of once per week, which increased in January of 2008 to an average of every other day or every three days when the Child repeatedly called Plaintiff to beg him to file pleadings which would result in her returning to Pennsylvania. It is specifically denied that Defendant's actions of contempt have resulted in the child having minimal contacts with Pennsylvania. 19. See Plaintiff's Answer to paragraph 18 above which is incorporated herein by reference. 20. No answer required. By way of further answer, Pennsylvania has exclusive, continuing jurisdiction pursuant to 23 Pa.C.S.A. §5422 and venue is proper because the Child continues to have a significant connection with Pennsylvania and substantial evidence is available in Pennsylvania concerning the child's care, protection, training and personal relationships. Also, Defendant is in continuing violation of the August 1, 2005 Order and should not be rewarded by transferring the case for her convenience. The Child has prior teachers, doctors, and friends in Pennsylvania and she also has a large extended family in Central Pennsylvania. The Child has no relatives in Florida except for Defendant. Lastly, in light of the Child's age and strong desire to return to Pennsylvania, Plaintiff has a reasonable likelihood of success in obtaining custody of the Child and in such case it would not make sense for the case to have started in Cumberland County, been transferred to Florida, then transferred again back to Cumberland County. WHEREFORE, Plaintiff respectfully requests this Honorable Court to deny Plaintiff s Petition pursuant to Pa.R.C.P. §1006(d)(1) and to confirm jurisdiction in Pennsylvania. Respectfully Submitted: Date: By: J-EAM B. COSTOPOULOS, ES Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 6 (®'0' ATTORNEY FOR PLAINTIFF 5 VERIFICATION I, Kevin W. Clapper, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: (?- 10 L0% Signature: CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I-personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Sandra L. Meilton, Esquire DALEY ZUCKER WILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 By: JEANNE B. COSTOPOULO , UIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 /I o Telephone No. (717) 221-0900 Date: ? l 1 4 : "TJ 'ma c,? c - KEVIN W. CLAPPER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SIERRA BUCCHEIT (MARK), DEFENDANT 05-1784 CIVIL TERM ORDER OF COURT AND NOW, this to day of June, 2008, a hearing on the petition of defendant to transfer this custody case on the basis of forum non conveniens shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 1:30 p.m., Tuesday, June 24, 2008. All other proceedings are stayed. By the Zjeann6 B. Costopoulos, Esquire For Plaintiff Sandra L. Meilton, Esquire For Defendant Dawn Sunday, Esquire Custody Conciliator sal (2o P I Es r la I LPL Edgar B. l ] I Y . . Y ' a c a ? t, , LL, r[ lL t. ?i Ll f U- E7 C-4 U KEVIN W. CLAPPER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SIERRA BUCCHEIT (MARK), DEFENDANT 05-1784 CIVIL TERM ORDER OF COURT AND NOW, this 10 day of June, 2008, argument on the preliminary objection of defendant to plaintiff's complaint in custody is specially set in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 1:30 p.m., Tuesday, June 24, 2008. One copy of a brief by both parties shall be filed in this chambers not later than Monday, June 23, 2008. All other procee)ings are stayed. --,'Jeanne B. Costopoulos, Esquire For Plaintiff ? Sandra L. Meilton, Esquire For Defendant ADawn Sunday, Esquire Custody Conciliator :sal e6 jJ 1 -ES mar LL I LIP [/CIO --:Dr 01 B7e<-Ou , Edgar a ey, } !!7 Luc" . . t r I Q 'y » UJ I O `= C4 KEVIN W. CLAPPER, PLAINTIFF V. SIERRA BUCCHEIT (MARK), DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1784 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTION TO PLAINTIFF'S PETITION TO MODIFY A CUSTODY ORDER ORDER OF COURT AND NOW, this I(* day of July, 2008, the preliminary objection of defendant to plaintiff's petition to modify a custody order, IS GRANTED. Plaintiff's petition, IS DISMISSED. Jeanne Costopoulos, Esquire For Plaintiff Lindsay Gingrich Maclay, Esquire For Defendant By Edgar B. Bay sal Q M 7 < Ft: Cj- -CIL rte CC Q- t MLLI o.jLU 0CL ? ca U N KEVIN W. CLAPPER, PLAINTIFF V. SIERRA BUCCHEIT (MARK), DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 05-1784 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTION TO PLAINTIFF'S PETITION TO MODIFY A CUSTODY ORDER OPINION AND ORDER OF COURT Bayley, J., July 10, 2008:-- Kevin W. Clapper and Sierra Buccheit are the parents of Hayden D. Clapper, born September 24, 1992. On August 1, 2005, a consent custody order was entered in this court providing the mother with primary physical custody of Hayden and the father with periods of temporary physical custody. Later that August, the mother and Hayden moved from Mechanicsburg, Cumberland County, to Florida, where they continue to live in Oviedo, Seminole County. The father's periods of temporary custody in the consent order were set in anticipation of Hayden living in Florida. In the fall of 2005, Hayden started school in the seventh grade in Florida. She will be entering tenth grade at the end of this summer. The periods of temporary physical custody awarded the father in the order of August 1, 2005, have not been consistently exercised. Since August, 2005, Hayden has visited her father in Pennsylvania four times. The first in November, 2005, over Thanksgiving; the second for a total of eight days in June and July 2006; the third over Thanksgiving in 2007; and 05-1784 CIVIL TERM the forth from December 22, to December 29, 2007. The father maintains that the mother has placed barriers on his exercising his full rights of temporary physical custody under the order of August 1, 2005. On May 9, 2008, the father, who lives in Harrisburg, Dauphin County, filed a petition to modify the current custody order by granting him primary physical custody of Hayden. He maintains that Hayden wants to live with him. The mother filed preliminary objections challenging jurisdiction, and in the alterative, maintaining that Cumberland County is a forum non conveniens which warrants the petition being heard in Florida. Testimony was taken on these issues on June 24, 2008. The Uniform Child Custody Jurisdiction and Enforcement Act at 23 Pa.C.S. Section 5422 provides: (a) General rule.-Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction), a court of this Commonwealth which has made a child custody determination consistent with section 5421 (relating to initial child custody jurisdiction) or 5423 (relating to jurisdiction to modify determination) has exclusive, continuing jurisdiction over the determination until: (1) a court of this Commonwealth determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this Commonwealth and that substantial evidence is no longer available in this Commonwealth concerning the child's care, protection, training and personal relationships; or (2) a court of this Commonwealth or a court of another state determines that the child, the child's parents and any person acting as a parent do not presently reside in this Commonwealth. (b) Modification where court does not have exclusive, continuing jurisdiction.-A court of this Commonwealth which has made a child custody determination and does not have exclusive, continuing -2- 05-1784 CIVIL TERM jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 5421. (Emphasis added.) This court possessed jurisdiction to enter the child custody order on August 1, 2005. Therefore, since this is a petition to modify that order we must first determine whether this court has "exclusive continuing jurisdiction." See Wagner v. Wagner, 887 A.2d 282 (Pa. Super. 2005). We find as a fact that neither Hayden nor her mother now have a significant connection with this Commonwealth and that substantial evidence is no longer available in this Commonwealth concerning Hayden's care, protection, training and personal relationships. Therefore, there is no exclusive continuing jurisdiction for this court to hear the father's petition to modify the custody order of April 1, 2005. "Section 5422 of the UCCJEA indicates that a trial court may modify a custody order for which it lacks `exclusive continuing jurisdiction' if the trial court has jurisdiction to make an initial determination under Section 5421 of the UCCJEA." Wagner, 887 A.2d at 287. Section 5421 provides in pertinent part: (a) General rule.-Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction), a court of this Commonwealth has jurisdiction to make an initial child custody determination only if: (1) this Commonwealth is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this Commonwealth but a parent or person acting as a parent continues to live in this Commonwealth; (2) a court of another state does not have jurisdiction under paragraph (1) or a court of the home state of the child has declined -3- 05-1784 CIVIL TERM to exercise jurisdiction on the ground that this Commonwealth is the more appropriate forum under section 5427 (relating to inconvenient forum) or 5428 (relating to jurisdiction declined by reason of conduct) and: (i) the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence; and (ii) substantial evidence is available in this Commonwealth concerning the child's care, protection, training and personal relationships; (3) all courts having jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground that a court of this Commonwealth is the more appropriate forum to determine the custody of the child under section 5427 or 5428; or (4) no court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2) or (3). (b) Exclusive jurisdictional basis.-Subsection (a) is the exclusive jurisdictional basis for making a child custody determination by a court of this Commonwealth. Hayden has continuously lived in Florida since August, 2005. There is no home state jurisdiction in this Commonwealth under Section 5421(a)(1). Florida has home state jurisdiction and no court in that state has declined to exercise that jurisdiction; therefore, there is no jurisdiction under Section 5421(a)(2). Nor is there jurisdiction under Section 5421(a)(3) and (4). Accordingly, this court does not have jurisdiction to hear the petition of the father to modify the custody order entered on August 1, 2005. Therefore, the following order is entered.' ' This resolution makes it unnecessary to consider the alternative position of the mother that the father's petition should be transferred to the state of Florida under the forum non conveniens Section 5427 of the UCCJEA. -4- 05-1784 CIVIL TERM ORDER OF COURT AND NOW, this Wu- day of July, 2008, the preliminary objection of defendant to plaintiffs petition to modify a custody order, IS GRANTED. Plaintiffs petition, IS DISMISSED. Jeanne Costopoulos, Esquire For Plaintiff Lindsay Gingrich Maclay, Esquire For Defendant :sal Edgar B. Bayley, J. -5- `A(1r, 2 72008 KEVIN W. CLAPPER Plaintiff VS. IN THE COURT OF C CUMBERLAND COUN' 05-1784 CIVIL AC MMON PLEAS OF t, PENNSYLVANIA LAW SIERRA BUCCHEIT (MARK) Defendant IN CUSTODY ORDER AND NOW, this 21" day of August, 2008 , the conciliator, Defendant's counsel that the Preliminary Objections to Jurisdiction have been Mother, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Es Custody Conciliator having been advised by resolved in favor of the C:"9 r ? 17. ATM) -... ! . ? . ?? ?t k