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HomeMy WebLinkAbout05-1888 II vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERNEST A. CLAWSER, III, Plaintiff CIVIL ACTION - LAW NO. 0 0'- !<i'iY ~ .:kM..... HEATHER L. CLAWSER, Defendant IN CUSTODY COMPLAINT IN CUSTODY AND NOW comes the Plaintiff, ERNEST A. CLAWSER, III, by his attorney, Samuel L Andes, and makes the following Complaint for Custody: 1. The Plaintiff is ERNEST A. CLAWSER, an adult individual who resides at 1341 Old Willow Mill Road in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is HEATHER L CLAWSER, an adult individual who resides at 169 Cedar Lane in Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are husband and wife. 4. The Plaintiff and Defendant are the parents of one minor children, Ava L. Clawser, age 1, born 23 February 2004. 5. Plaintiff seeks an award of shared legal and physical custody of the minor child. 6. The child was not born out of wedlock and at the time of this Complaint, the child resides with both parents at the marital residence and in the joint legal and physical custody of both parents. 7. Since the child's birth, she has resided with the following persons at the following addresses: Birth to 15 February 2005 1341 Old Willow Mill Road Plaintiff & Defendant Mechanicsburg, Pa 17055 15 February 2005 to present 169 Cedar Lane Defendant only Carlisle, PA 17013 II ... 8. The father of the child is the Plaintiff who resides at the address set out above. He is married to the Defendant. 9. The mother of the child is the Defendant who resides at the address set out above. She is married to the Plaintiff. 10. The Plaintiff is the natural father of the child. Plaintiff currently resides at the address listed above with his three minor children by a prior marriage, Aleda Clawser, age 15, Megan Clawser, age 11, and Ernest A. Clawer, IV, age 7. 11. The Defendant is the natural mother of the child. Defendant currently resides at the address listed above with her two children by a prior marriage, Chelsea Wilkinson, age 13, and Joshua Wilkinson, age 11. 12. The Plaintiff has not participated as a party or in any other way in any litigation concerning the custody of the child in this or any other court. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this or any other jurisdiction. Plaintiff knows of no other person not a party to this action already who has physical custody of or claims to have custody or visitation rights to the said child. 13. The best interests and permanent welfare of the child will be served by granting the relief requested by Plaintiff for the following reasons: A. He has always been intimately involved with the child since the child's birth and has contributed directly to the care of the child; and B. He has a close relationship with the children which he wants to maintain and foster; and C. The child is close to his children and he wants to maintain that close sibling relationship; and D. He believes that the Defendant wishes to disrupt, or perhaps even destroy, his relationship with the child by preventing him from seeing her and alienating the child from him and believes the only way to prevent that is for him to have substantial periods of time with the child. II .. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff prays this court to award him shared legal and physical custody of the child. ~~ _u I L. An Attorney for Plaintiff Supreme Court 10 # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 ~ I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: Ot'f/or;/2DO{; , / ~ /J .'jJc- ~.'. / '" ..-'--(- " ",//~V'~ ERNES . CL'SER, III ~ >~ ~ "- ~ -Gs.. ~ }> )J ~ "'" -. ;:::-.. ~ 1..\ 0 ~ o ~: .-' = = {~f\ .,,~ - 7b - N :c~'" .....;;-- - - o .., :;1_ i~:~t~ ,~;r,\ :J>;.\ '~:2';\~~1 ~J ,,".:J'i'j ::.:\ .-~ '.oJ_) ...( $:" L,.) - . ERNEST A. CLA WSER, III PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V. 05-1888 CIVIL ACTION LA W HEATHER L. CLA WSER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, ~Jlril ~ 2005 ___._' upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Meci!.~,!i.csburg, PA 17055...... on .____,Wednesday, May 18,2005 , the conciliator, 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 iftbis cannot be accomplished, to detlne and narrow the issues to be heard by the court, and to enter into a temporary order. AI! 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 al! existing Protection from Abuse orders, Special Relief orders, and Custody orders to tbe conciliator 48 hours prior to scbeduled hearing. FOR THE COURT, By: Is/ Dawn S. Sunday. EEJ'____~';!jv____ 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 eouli, please contact our omce. AI! 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 HA VE 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 (7] 7) 249-3 ]66 drP ~lr' /' lj --Lf~ 1;:.vJ/ iJ I?f.:v;{.''''"'',/ Ai:';,.] I-. lipr "'/ W"" . .j<? "S; f' t..YI:l A ~rt',1 r?1JAlil '" ! ~;:<t- fr "V' 'r ~ j~ 'I ' ,>r'!l V 1f I'l} - t<v f"il jiJ jI I ,1\ \,.l~ :2 "j I:' \ r':"IS~:JI .._~--_.__."-_._.__.---_._......_.......... EARNEST A. CLAWSER, III, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1888-CIVIL ACTION LAW HEATHER L. CLAWSER, Defendant IN CUSTODY DEFENDANT'S PETITION FOR SPECIAL RELIEF AND NOW COMES, Defendant, Heather L. Clawser, by and through her attorneys, McNees Wallace & Nurick LLC, and hereby files this Petition for Special Relief, and in support thereof, avers the following: 1. Defendant/Petitioner is Heather L. Clawser (hereinafter "Mother"), is the mother of the minor child, Ava Clawser. Mother currently resides at 169 Cedar Lane, Carlisle, Cumberland County, Pennsylvania. 2. Plaintiff/Respondent is Earnest A. Clawser, III (hereinafter "Father"), who is the father of the minor child, Ava Clawser. Father currently resides at 1341 Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Ava Clawser is 1 year old with a date of birth of February 23, 2004. 4. The parties separated on February 12, 2005. Since that time, Ava has resided primarily with Mother. Father has had periods of partial physical custody, but with no overnights, except as set forth herein. 5. On April 12, 2005, Father filed a Complaint for custody seeking an order granting shared legal custody and a fixed schedule of partial custody. 6. Father and Mother do not agree on an appropriate schedule for partial custody. 7. A custody conference has been scheduled for May 18, 2005 with Dawn S. Sunday, Esquire. 8. On Sunday, April 24, 2005, Father was to have partial custody of Ava from 11 :00 AM to 8:00 PM. The exchange of the child took place at the parties' church, St Paul's Lutheran Church, by prior arrangement. 9. Immediately following the exchange, Father called Mother on her cell phone and informed her that he was not returning Ava as agreed upon and intended to keep her for the week. 10. Mother contacted the police, but they refused to take any action and referred her to legal counsel. 11. Father did not return Mother's calls to his home and cell phone on Sunday. 12. On Monday, April 25, 2005, Mother contacted Father's home and was able to talk with him. Father refused to return the child and refused to disclose the child's location for the day. 13. On Monday afternoon, through counsel, Father agreed to return Ava to the babysitter on Tuesday morning so that Mother could re-take custody of the child. 14. On Tuesday morning, April 26, 2005, Father dropped Ava off at the home of Betsy Treharne, Ava's babysitter, after which Mother picked up the child. 15. This was the first time that the child had been overnight without Mother and was not prepared to be physically separated from Mother for such an extended time. -2- 16. On Tuesday afternoon, April 26, 2005, Father called Mother and screamed at her. Father stated that it had been his intention to pick Ava up from the babysitter Tuesday evening and keep her for the week. Father also told Mother that, "he will take Ava," without Mother's consent, on Wednesday, April 27, 2005 and keep her for the rest of this upcoming week. 17. Father has no intention of coming to a reasonable custody agreement without the benefit of a court order. 18. Father has engaged in self-help remedies in obtaining custody of the child contrary to the child's best interest. 19. Father's behavior has become increasingly erratic and Mother is concerned that Father will continue to engage in self-help remedies that are not in the child's best interest. 20. Mother is unable to take the child to her babysitter for fear that Father will remove the child from the babysitter and refuse to return her again. 21. Father has an upcoming custody conference during which he may address his custody schedule concerns. 22. Father is represented by Samuel Andes, Esquire. Mother's counsel informed Mr. Andes of their intent to file this petition and Mr. Andes does not concur in this petition. WHEREFORE, Mother respectfully requests that this Honorable Court enter a temporary order pending the custody conciliation granting: a) the parties shared legal custody; -3- 2) primary physical custody in Mother; 3) partial physical custody in Father on Wednesday evenings from 5;00 PM to 8:00 PM and on Sundays from 11 :00 AM to 8:00 PM. Respectfully submitted, McNEES WALLACE & NURICK LLC Lfi , Pamela L. Purdy 1.0.#85783 Debra D. Cantor 1.0. # 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 By Attorney for Plaintiff Date; April 27, 2005 -4- VERIFICATION Subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. ~F'Jr)( cea.uJJ1A- H ather Clawser " Dated: CERTIFICATE OF SERVICE The undersigned hereby certifies that on the n- day of April, 2005, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Samuel L. Andes, Esquire 525 N. 1 ih Street P.O. Box 168 Lemoyne, PA 17043 Pamela L. Purdy Of Counsel for Defendant Heather L. Clawser ~ n ,...> t:::;:-:J. \J ~.; c;;, ~ r::::-~ <J' -n ~ ~ "" :p.. ...... " ;~ -" ff.t~ \.. f, :;0 r' 1t \) N -CC'_'l :.~) \~) V, " -J ('-' ~ ~ '~ ,jj(M\ ~ /,-;~'.., ,~ 't:: ~ -- ',':"~ :. -;;:', ~ "- (:'- r:-? ;,:.n'1 "- ::.-1 ~~ r,n y" "" :'J) \' co "< '~ EARNEST A. CLAWSER, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 05-1888-CIVIL ACTION LAW HEATHER L. CLAWSER, Defendant IN CUSTODY RULE TO SHOW CAUSE t" . And now, this;;& day of ~, 2005, a Rule is hereby entered to show cause why, if any, the relief requested in the within Petition for Special Relief and should not be granted. Said Rule returnable at hearing on the qP^ day of /'II. wo- , 2005, at ~ . CO .f-.m., in Courtroom No. S- ,Cumberland County Courthouse. BY TH RT: J. -2- V;j\i\,?\ "jAi~;><~ AlNfv' , '- "-''',",'' , "i{ hJ SS : I Wd 82: ~dV SOOZ AUV1CNUdlOod 3Hl :10 :J:JU::O-0311:1 EARNEST A. CLAWSER, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 05-1888 - CIVIL ACTION LAW HEATHER L. CLAWSER, Defendant IN CUSTODY IN RE: CUSTODY ORDER OF COURT AND NOW, this 4th day of May, 2005, after hearing the \respective sides of the parties as presented by counsel in , !chambers, we enter the following order which is meant to be ~emporary only and may be changed by the parties at any time pending further order of court: 1. The parties shall have joint legal custody of their child Ava Clawser born February 23, 2004. , 2. Mother shall have primary physical custody of the qhild subject to periods of partial physical custody of the Child ~y Father as follows: 1. Every Wednesday from no later than 5:00 p.m. Jntil 8:00 p.m. Father may exercise visitation with the Child as , , e~rly as 7:30 a.m. provided he gives appropriate notice to Mother. , Appropriate notice means at least 24 hours notice. Mother may I d~liver the child to the daycare provider and Father may pick the C~ild up from the daycare provider at any time after 7:30 a.m. , , u~til , 2. This Friday, May 6th, 2005, from 9:00 a.m. Saturday at 8:30 p.m. If the parties are enable to reach an agreement at the cgnci1iation next weekend, Father shall have visitation with his C~ild not less than every other weekend commencing Friday, May 13, 2~05, from not later than 5:00 p.m. but as early as 7:30 a.m. on Fr\iday until 8: 30 p. m. on Sunday, and every Wednesday as provided abbve. . In the Parents are unable to reach an agreement at the conciliation conference, we will hold a hearing in this matter on May 27, 2005, at 11:00 a.m~L---) BY~ Edward E. Guido, J. ~muel L. Andes, Esquire iFor Plaintiff > ~ebra D. Cantor, Esquire For Defendant :mlc ~ os-oq -OS I ,. S :01 :;V h_ , "'11'"'.".)'" ,""~ Jl'l)G. I) ::.) ERNEST A. CLA WSER, III Plaintiff RECEIVED MAY 19 100fP1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-1888 CIVIL ACTION LAW HEATHER L. CLA WSER Defendant IN CUSTODY ORDER OF COURT AND NOW, this ;J3Q.. day of (fI ~ ' 2005, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon I. The prior Order of this Court dated May 4,2005 is vacated and replaced with this Order. 2. The Father, Ernest A. Clawser, III, and the Mother, Heather L. Clawser, shall have shared legal custody of Ava L. Clawser, born February 23,2004. 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 terms 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. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends, beginning Friday, May 13, 2005, from not later than 5:00 p.m. but as early as 7:30 a.m. on Friday until 8:30 p.m. on Sunday. In addition, the Father shall have custody of the Child every week from not later than 5:00 p.m. but as early as 7:30 a.m. on Wednesday through Thursday when the Father shall transport the Child to daycare. 5. The foregoing custody provisions constitute a temporary Order and are not intended to establish a custodial status quo pending a request for review of the arrangements by either party within 60 days of the date of this Order. 6. Within 60 days of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 7. The hearing previously scheduled in this matter for May 27,2005 is cancelled. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shaH control. J. cc: Debra D. Cantor, Esquire - Counsel for Mother Samuel L. Andes, Esquire - Counsel for Father , > t~', /1"V'-~'?<-- 5'. J. y.OJ c}~ ! :7 '! , ('7 ,I 'in! l.I'-' "." :l ERNEST A. CLA WSER, III Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-1888 CIVIL ACTION LAW HEATHER L. CLA WSER Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ava L. Clawser February 23, 2004 Mother 2. A conciliation conference was held on May 12, 2005, with the following individuals in attendance: The Father, Ernest A. Clawser, III, with his counsel, Samuel L. Andes, Esquire and the Mother, Heather L. Clawser, with her counsel, Debra D. Cantor, Esquire. 3. This Court previously entered a temporary Order in this matter on May 4,2005 establishing interim custody arrangements and scheduling a hearing for May 27,2005. As the parties were able to reach an agreement at the conciliation conference, the scheduled hearing is no longer necessary. 4. The parties agreed to entry of an Order in the form as attached. Dat(hd (& ( d-ocJ5 (C2. 4. d--- Dawn S. Sunday, Esquire r Custody Conciliator II . vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERNEST A. CLA WSER, III, Plaintiff CIVIL ACTION - LAW NO. 05-1888 HEATHER L. CLA WSER, Defendant Prior Judge: Edward E. Guido IN CUSTODY PLAINTIFF'S PETITION TO MODIFY AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and petitions the court to modify its order of 23 May 2005 in this matter, based upon the following: 1. The Petitioner herein is the original Plaintiff. The Respondent herein is the original Defendant. 2. The parties are the parents of one minor child, Ava L. CIawser, now age 2, born 23 February 2004. That child is the subject of a prior order in this case dated 23 May 2005, which awarded shared legal custody to both Plaintiff and Defendant, primary physical custody of the child to the Defendant, and set a schedule of temporary custody for the Plaintiff. 3. Since the entry of the prior order, circumstances have changed to the extent that a modification of that order, and a change in the custody arrangements, is in the best interest of the child. Those changes include: A. The child is now approximately one year old and better able to tolerate periods of custody away from Defendant. B. The bond between Plaintiff and the child has grown deeper and stronger and Plaintiff wishes to spend more time with the child to further build and strengthen that bond. C. The relationship between the child and Plaintiff's other children by a prior marriage has grown and he wishes to have additional periods of custody so that relationship can grow and strengthen in the future. II II D. Plaintiff believes that the sense of distrust and hostility between Plaintiff and Defendant has largely dissipated and the parties will now be better able to share physical custody of the child without dispute. Plaintiff originally viewed the order entered in May of 2005 upon his agreement to be only a temporary arrangement. He now wishes to negotiate or have the court determine a more permanent custodial arrangement. 4. Plaintiff would like to have custody of his child on a schedule which will align with the periods of time that he has the custody of his other children. That schedule would give him custody of Ava every week from Sunday at 6:00 p.m. until Tuesday at approximately 3:00 p.m., every Wednesday at approximately 3:00 p.m. until Thursday at approximately 8:00 p.m. and alternating weekends from Friday at approximately 3:00 p.m. until Sunday at approximately 6:00 p.m., plus periods of vacations and time over the holidays. 5. Plaintiff believes that a modification of the current order will be in the best interest of the child for several reasons, which include: A. It will allow a strengthening of the parent-child relationship between Plaintiff and the child; and B. It will allow a strengthening of the relationship between Plaintiff's other children and the child; and C. It will allow the child to become a more integral part of Plaintiff's family and life. WHEREFORE, Plaintiff prays this court to modify its prior order in accordance with this Petition and to award both parties shared legal and physical custody of the child on the schedule described herein. 3~ Samuel 1. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 II , ,;...... I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: O,,/..e 3/~ . ~~~~~. ERNEST A. eLA WSER, III II , . 'I II " CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Defendant by regular mail, postage prepaid, addressed as follows: Debra Denison Cantor, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Date: ~\fn.lfk1A} J n~ Amy M. arkins Secretary for Samuel L. Andes 28 March 2006 , ) " ~ ~.~ i"- " r, ~' "'- '" n [' 1":, '-, h' 1", ~ (', J "- il " '" <-- (' " '" ~f CO) .< v, c." ~, C ERNEST A. eLA WSER, III PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-1888 CIVIL ACTION LAW HEA THER L. eLA WSER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, _.___.!hursday, April 06, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawu S. Sunday, Esq. at..___.}~ w.est Main Street, Mechanicsbu~g, P A 17055 _ on Thursday, May 04,,,2006. , the conciliator, at 8:30 AM for a Pre-Hcaring Custody Conference. At such conference, an effort will he made to resolve the issucs 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 childrcn 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 hearin!!. FOR THE COURT. By: Isl . Dawn S. Sunday. Esq. Custody Conciliator "-rf' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For inf<mnation 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 bef(,re the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR A TTORNEY AT ONCE. IF YOU DO NOT HA VE 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 (7 I 7) 249-3 I 66 4:rwf' fp;; .;:2 ~u 4-~J ~"Jl f/p J 71n.m1 ~fJ~ fr'T7/ }~ .:,1 /"1l-i?71l%lJ:~~J ,~.~~:7., ,....". 1__ . .,-:r _, ~ ~. __ S,i:G!. ~JO L II fiG (-/1 ,7jJ I- 17 , l' J.... _J~.r-.', ,"\7'::;""') I ~ ~ .~. .',' ".' .,.'I..,.' / E,y~~Y_~~:~06=J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ , ~ ERNEST A. CLA WSER, III Plaintiff vs. 05-1888 CNIL ACTION LAW HEATHER 1. CLA WSER Defendant IN CUSTODY ORDER OF COURT AND NOW, this lit" day of (fI ~ , 2006, consideration of the attached Custody Conciliation Report,~dered and directed as follows: upon I. The prior Order of this Court dated May 23, 2005 is vacated and replaced with this Order. 2. The Father, Ernest A. Clawser, III, and the Mother, Heather 1. Clawser, shall have shared legal custody of Ava 1. Clawser, born February 23, 2004. 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 terms 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. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from not later than 5:00 p.m. but as early as 7:30 a.m. on Friday until 6:00 p.m. on Sunday. In addition, the Father shall have custody ofthe Child every week from not later than 5 :00 p.m. but as early as 7:30 a.m. on Monday through Tuesday when the Father shall transport the Child to the babysitter before 4:00 p.m. The Father shall also have custody ofthe Child every week from not later than 5:00 p.m. but as early as 7:30 a.m. on Wednesday through Thursday, when the Father shall transport the Child to the babysitter before 4:00 p.m. The Father shall have the option to extend his alternating weekend periods of custody through Monday four times per year upon providing at least two weeks advance written notice to the Mother. 5. The parties shall share having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 9:00 a.m. through Christmas Day at I :00 p.m., and Segment B, which shall run from Christmas Day at I :00 p.m. through December 26 at 8:00 p.m. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd .. , '. numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. ThanksgivingfEaster: The parties shall alternate having custody of the Child on Thanksgiving Day and Easter Sunday from 8:00 a.m. until 8:00 p.m. In even numbered years, the Mother shall have custody of the Child on Thanksgiving and the Father shall have custody on Easter. In odd numbered years, the Father shall have custody of the Child on Thanksgiving and the Mother shall have custody on Easter. C. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. Each parent shall be entitled to have custody of the Child for two nonconsecutive weeks each year upon providing at least 30 days advance written notice to the other party. The party providing notice first under this provision shall be entitled to preference on his or her selection of dates for custody under this provision. Each party shall schedule his or her periods of custody under this provision to include that party's regular weekend period of custody. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. ""'---..~.~,~ "'~ BY Edward E. Guido J. cc: ~bra D. Cantor, Esquire - Counsel for Mother Ji'amuel L. Andes, Esquire - Counsel for Father ~ " , , ViN '/lilA9'IN3d 'l"n"'" ,.,, 'L. ,'" ,~r;."^'n" A h 1'../ r.""':')t111~1 V 9S :01 WV 91 J.VW 90Ul AiN10NOi-LlO::Jd 3H1 ~o j8!:J~o-a:r!l:J . . , ~ ERNEST A. CLA WSER, III Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-]888 CNIL ACTION LAW HEATHER L. CLA WSER Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CNIL PROCEDURE ]915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ava L. C]awser February 23, 2004 Mother 2. A custody conciliation conference was held on May 4, 2006, with the following individuals in attendance: The Father, Ernest A. Clawser, III, with his counsel, Samuel L. Andes, Esquire, and the Mother, Heather L. C]awser, with her counsel, J. Paul Helvy, Esquire (for Debra Denison Cantor, Esquire). 3. The parties agreed to entry of an Order in the form as attached. ~d-4 Dawn S. Sunday, Esquire Custody Conciliator , . ERNEST A. CLAWBER, ill, Plaintiff VB. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1888 IN CUSTODY HEATHER L. CLAWBER, Defendant Prior Judge: Edward E. Guido PETITION FOB CONTEJIPT AlfD NOW comes the above-named Plaintiff, by his attorney, Sa.muel L. Andes, and petitions the court to adJudicate the Defendant in contempt of its order of 18 ~ 2006 in this matter, based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. The P&rties are the parents of one minor child, Ava. L. Clawser, presently age 2, born 23 February 2004. That child is the subject of an order of custody entered in this matter on 18 May 2006 by the Honorable Edward E. Guido, Judge of this Court. A copy of that order is attached hereto and marked a.s EXHIBIT A. 3. Since the entry of that order, the Defendant has repeatedly violated both the spirit and the letter of the order, greatly to the disadvantage and detriment of both the Plaintiff and the P&rties' child. Her violations of the order have included: A. Defendant has refused to provide Plaintiff the address and location of where the child spends the night on occa.sions when the child is with the Defendant and the Defendant is not in her home; and B. The Defendant has obstructed Plaintiff's exercise of his periods of temporary custody with the child by attempting to persuade the child to B1ia\Y with her when Plaintiff comes to pick up the child and by causing considera.ble upset and turmoil whenever the custody exnha,nges occur a.t the Defendant's home; and C. The Defendant has :t1a.tly refused to give custody of the child to Plaintiff on dates when he is to have custody pursuant to the court " order, spec1tlcaJ.ly including the Plaintiff's scheduled period of custody commencing on Wednesda\y, 2 August 2006. 4. Defendant's conduct has been upsetting to the child and has threatened to disrupt Plaintiff's healthy parent-child relationship with the child. 6. Plaintiffbelieves that Defendant's conduct is intentional and willful and intended to upset Pl&tntiff and the child and to disrupt their relationship. WHEREFORE, Plaintiff pr8\YS this court to adJudge the Defendant in contempt of its order of 18 ~ 2006 and to impose such sanctions and penalties as the court deems a.ppropriate to assure the Defendant's future compliance with this court's orders in this case. ~~ Attorney for Plaintiff Supreme Court ill # 17226 626 North 12th Street Lemoyne, Pa. 17043 (717) 761-6361 ~, I verify that the statements made in tb.1s dooument are true and correct. I . understand that any false ptatements in tb.1s document are subject to the P8D&lties of 18 Fa. C.S. 4904 (unsworn f8Jsiflcat1on to a.uthorities). Date: 08//() /..::t:V(P I I ~' ~""'~ E ST A. '-WS.ER, ill ~ , EXHIBIT A , -'. WI i Mt\,Y 1 5 2006 ) I~;y~~~~ __. _. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERNEST A. CLA WSER, III Plaintiff vs. 05-1888 CIVIL ACTION LAW HEATHER L. CLA WSER Defendant IN CUSTODY ORDER OF COURT AND NOW, this I f~ .. day of fIi consideration of the attached Custody Conciliation Report, it i , 2006, upon ordered and directed as follows: 1. The prior Order ofthis Court dated May 23,2005 is vacated and replaced with this Order. 2. The Father, Ernest A. Clawser, III, and the Mother, Heather L. Clawser, shall have shared legal custody of Ava L. Clawser, born February 23,2004. 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 terms 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. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from not later than 5:00 p.m. but as early as 7:30 a.m. on Friday until 6:00 p.m. on Sunday. In addition, the Father shall have custody of the Child every week from not later than 5:00 p.m. but as early as 7:30 a.m. on Monday through Tuesday when the Father shall transport the Child to the babysitter before 4:00 p.m. The Father shall also have custody of the Child every week from not later than 5:00 p.m. but as early as 7:30 a.m. on Wednesday through Thursday, when the Father shall transport the Child to the babysitter before 4:00 p.m. The Father shall have the option to extend his alternating weekend periods of custody through Monday four times per year upon providing at least two weeks advance written notice to the Mother. 5. The parties shall share having custody ofthe Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 9:00 a.m. through Christmas Day at 1 :00 p.m., and Segment B, which shall run from Christmas Day at 1 :00 p.m. through December 26 at 8:00 p.m. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd ".. . ... f, . numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Thanksgiving/Easter: The parties shall alternate having custody of the Child on Thanksgiving Day and Easter Sunday from 8:00 a.m. until 8:00 p.m. In even numbered years, the Mother shall have custody of the Child on Thanksgiving and the Father shall have custody on Easter. In odd numbered years, the Father shall have custody of the Child on Thanksgiving and the Mother shall have custody on Easter. C. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. Each parent shall be entitled to have custody of the Child for two nonconsecutive weeks each year upon providing at least 30 days advance written notice to the other party. The party providing notice first under this provision shall be entitled to preference on his or her selection of dates for custody under this provision. Each party shall schedule his or her periods of custody under this provision to include that party's regular weekend period of custody, 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. ~.._~~~>r.~.._ ~r:"/.... /' BY . COURT, Edward E. Guido J. cc: Debra D. Cantor, Esquire - Counsel for Mother Samuel L. Andes, Esquire - Counsel for Father TRUE COpy FROM RECORD. III T estiri'lony whereof,. I here unto set my hind end seel of said ourt arlis'-,- Pa. Thl ....j.ff.. of.. ..... . '" \ 0 ,...., ~ ~ c = ~ = ~ 0" ~~;' ;po. ~~ ~ c:: G'"J ......... ~ ~ ~ ~' . 0' ~~. r- "c"; "" -s-;~ ~ ~ '.-;r'... : :P'" o:D ~ '" ,c...C :J: ZO ~ }:;2 - 6m - " \.J z .. -I " ~ <..n ~ ~ (1\ ERNEST A. CLA WSER, III PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-1888 CIVIL ACTION LA W HEATHER L. CLA WSER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 24, 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, fA 17055 on Tuesday, September 26, 2006 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 pennanent 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 coneiliator 48 hours prior to scheduled hearln!!. FOR THE COURT. By: Isl Dawn S. Sunday. Esq. Custody Conciliator fI*L The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 Carlislc, Pennsylvania 17013 Telephone (717) 249-3166 ~''';.0 P:!JL ~ ~ ~./-v ~....~ ~ .2 A>t7 >~~ ~ 9V'- /.~ 9',...~ ~ ~~ ~~? n '?tf'./~ ~ vit'.JV/';Ji\S\~N:1d A1.NnC/~: ti",,\-n'::~2~~;nO LO :2 Hd 1- d3S 9DDl Ai:lV.lOi'KiH.10dd 3Hl .:JO 381:bO-C131lj ERNEST A. CLAWSER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 05-1888-CIVIL ACTION LAW HEATHER L. CLAWSER, IN CUSTODY Defendant PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Debra D. Cantor and McNees Wallace & Nurick LLC on behalf of Defendant in the above-captioned matter. By e antor torney 1.0. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Dated: Septem ber J 1 ' 2006 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Hannah Herman-Snyder and Griffie & Assocites on behalf of Defendant in the above-captioned matter. GRIFFIE & ASSOCIATES By '\.l ~ ~_H\I'\. nl\. - .s<\N'\l1A~ i'\ Hannah Herman-Snyder \ 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Dated: September ~o, 2006 ~ ~ ~ ~w; ~ hr':, ~ ~:,. '.2. c ,%C ':P-<2 ~ ~ *'~ ~i .A4", :C-n 0'("1 Ef\"\ ~ ~ ~ ,. t';? r ~ ERNEST A. CLAWSER, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA vs. : NO. 2005-1888 HEATHER CLA WSER, Defendant, CIVIL ACTION LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes Petitioner, Heather L. Clawser, by and through her counsel of record, Hannah Herman-Snyder, Esquire of Griffie and Associates, and in support of her Petition for Modification avers as follows: 1. Your Petitioner is the above named Defendant, hereinafter "Mother", an adult individual currently residing at 169 Cedar Lane, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Plaintiff, Ernest A. Clawser, III, hereinafter "Father", an adult individual currently residing at 1341 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are subject to an Order of Court dated May 18, 2006, copy of which is attached and incorporated by reference as Exhibit "A". 4. Mother believes and therefore avers that it is not in the child's best interest to go back and forth as much is allowed for in the Order of May 18,2006. 5. Father is harassing Mother during her periods of custody and insists on yelling and screaming at her every time they talk and these conversations take place in the presence of the child. 6. The discord, initiated by Father, is often in regards to a transfer of custody and Mother believes and therefore avers that if there were less transfers of custody, the child would be exposed to less discord. 7. Father was extremely verbally abusive to all members of the household when he and Mother were together, including his own biological children, and Father's abusive nature is harmful to the child. 8. On Memorial Day, 2006, during a custody exchange at Mother's residence, the child did not wish to go with Father and as Mother attempted to soothe the child, Father aggressively took custody and attempted to force the child into her carseat. 9. When he was unable to place the child properly in her carseat, Father grabbed her into his lap, placed the seatbelt across both himself and the child and took off with the child. 10. Mother believes and therefore avers that Father has extreme anger management issues that result in him placing the child at risk. 11. The incident on Memorial Day resulted in Father being fined on August 17, 2006, after a hearing, for not having the child properly restrained. 12. Mother believes and therefore avers that it is in the child's best interest that she exercise primary physical custody of the child, with Father's times being limited, unless and until he seeks professional assistance for anger management. 13. There is a conference currently scheduled for October 25, 2006 at 9:00 a.m. in this matter in regards to a Petition for Contempt filed by Father. WHEREFORE, your Petitioner requests your Honorable Court to schedule a Conciliation Conference at which time Father's time shall be limited with the child and Petitioner requests this Conference be scheduled at the same time as the Conference previously scheduled in this matter for October 25,2006 at 9:00 a.m. Respectfully submitted, '\1n fU" l) h. ~ l\l'\ N\.f,)f\ - <2fY\ l~ Hannah Herman-Snyder, Esqu e GRIFFIE & ASSOCIATES Attorney for Defendant/Petitioner 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: q//q /00 / / U/0_~, ERNEST A. CLA WSER, III Plaintiff MAY 1 5 2006 /1A Y ~ 9 1 - 2008 :e:";,7 ;-=~=,~------J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) VS. 05-1888 CNIL ACTION LAW HEATHER L. CLA WSER Defendant IN CUSTODY ORDER OF COURT AND NOW, this { f~ day of fII ~ ' 2006, upon consideration of the attached Custody Conciliation Report, It 1 ordered and dlIected as follows: 1. The prior Order of this Court dated May 23, 2005 is vacated and replaced with this Order. 2. The Father, Ernest A. Clawser, III, and the Mother, Heather L. Clawser, shall have shared legal custody of Ava L. Clawser, born February 23, 2004. 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 terms 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. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from not later than 5:00 p.m. but as early as 7:30 a.m. on Friday until 6:00 p.m. on Sunday. In addition, the Father shall have custody of the Child every week from not later than 5:00 p.m. but as early as 7:30 a.m. on Monday through Tuesday when the Father shall transport the Child to the babysitter before 4:00 p.m. The Father shall also have custody of the Child every week from not later than 5:00 p.m. but as early as 7:30 a.m. on Wednesday through Thursday, when the Father shall transport the Child to the babysitter before 4:00 p.m. The Father shall have the option to extend his alternating weekend periods of custody through Monday four times per year upon providing at least two weeks advance written notice to the Mother. 5. The parties shall share having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 9:00 a.m. through Christmas Day at 1 :00 p.m., and Segment B, which shall run from Christmas Day at 1 :00 p.m. through December 26 at 8:00 p.m. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd EXHIBIT J B A numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B, Thanksgiving/Easter: The parties shall alternate having custody of the Child on Thanksgiving Day and Easter Sunday from 8:00 a.m, until 8:00 p.m. In even numbered years, the Mother shall have custody of the Child on Thanksgiving and the Father shall have custody on Easter. In odd numbered years, the Father shall have custody of the Child on Thanksgiving and the Mother shall have custody on Easter. C. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. Each parent shall be entitled to have custody of the Child for two nonconsecutive weeks each year upon providing at least 30 days advance written notice to the other party. The party providing notice first under this provision shall be entitled to preference on his or her selection of dates for custody under this provision. Each party shall schedule his or her periods of custody under this provision to include that party's regular weekend period of custody. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. ~.r:,;:;.,;.,:?~z.~~4Iu.~~l"".-. /" BY COURT, Edward E. Guido J. cc: Debra D. Cantor, Esquire - Counsel for Mother Samuel 1. Andes, Esquire - Counsel for Father "->~ t- ~ - ........ ~~ .J::::.....c:... ~ ~ '4 ~ c C> ~ ~ ?- ~ ~ ~ ~ ~ \ V) ~ ~ ,... '\ (") ~; t--..) = <;-~ 0.... ':'0 Pl -0 N CT'\ o Jl :r! nl :JJ r- -elm ;3~ ;~~~ ?L~ :") (1'1 :~ ~ -0 3:: h.' v:;; ERNEST A. CLA WSER, III PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-1888 CIVIL ACTION LAW HEA THER CLA WSER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, October 02, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at__.__~2 West Main Street, Mechanicsburg, PA 17055 on Tuesday, October 31,2006 , the conciliator, at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 hearinl!. FOR THE COURT. By: Isl 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 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 HA VE 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 ~ !r -?- ~ IkWI ']0- EO <71 wr't1 fp f ~ 7?lJ:G'" 10-[:01 ~_ ~ ?r.% /P',:,,:~l--Pl "/l-F.c7! t-l0:8 l~d S-lJ0900l ,,8\7101\(,-1 in'id 'JHl '0 ::vl:-!~t~~'::---' :l _A/"."rUj II:J I - "" ERNEST A. CLA WSER, III Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-1888 CNIL ACTION LAW HEATHER L. CLA WSER Defendant IN CUSTODY ORDER OF COURT AND NOW, this a-~ day of IJ~ , 2006, consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The prior Order of this Court dated May 18, 2006 shall continue in effect as modified by this Order. 2. The parties shall participate in a minimum of four joint therapeutic counseling sessions ( in addition to any initial individual sessions) with Deborah Salem or other professional selected by agreement. The purpose of the counseling shall be to assist the parties in reducing conflict and establishing sufficient cooperation a nd communication toe nable them toe ffectively co-parent their Child. Unless otherwise agreed, any costs of counseling which are not covered by insurance shall be shared equally between the parties. 3. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide an address and telephone number where the child can be contacted to the other party. 4. In the event the Mother provides twenty-four hours notice to the Father that she has off work on a Tuesday or Thursday, The Father shall return the Child to the childcare provider at 7:30 a.m. on those days so that the Mother can have custody for the remainder of the day. 5. The non-custodial parent shall be entitled to contact the Child by telephone on Sunday at 12:30 p.m. The custodial parent shall cooperate in making the Child available for telephone contact by the other parent. 6. Within 90 days of the date of this Order or within 30 days of completion of counseling, counsel for either p arty may contact t he conciliator t 0 schedule a n additional Custody Conciliation Conference, if necessary. - ~ 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Edward E. Guido J. cc: Hannah Herman- Snyder, Esquire - Counsel for Mother Samuel L. Andes, Esquire - Counsel for Father ~ ~ 11~()2'O~ C)-- - 6 i) :21 Hd Z.- M1N 900l - ~ ERNEST A. CLA WSER, III Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-1888 CIVIL ACTION LAW HEATHER L. CLA WSER Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ava L. Clawser February 23, 2004 Mother 2. A custody conciliation conference was held on October 25, 2006, with the following individuals in attendance: The Father, Ernest A. Clawser, III, with his counsel, Samuel L. Andes, Esquire, and the Mother, Heather L. Clawser, with her counsel, Hannah Herman-Snyder, Esquire. 3. The parties agreed to entry of an Order in the form as attached. () c:k btA 3-~ Oloot" Date I D~~ Custody Conciliator LAW OFFICES OF ELIZABETH B. STONE i w f' tOT00TrR'F 3507 Market Street, Suite 303 2413 DEC 13 PM 1: 22 Camp Hill, PA 17011 Telephone: (717) 909-1500 r.,*UMBE NRNL AND LVA COUNTY Facsimile: (717) 731-8115 HEATHER L.THORN, § IN THE COURT OF COMMON PLEAS Plaintiff § CUMBERLAND COUNTY,PENNSYLVANIA v. § NO. 05 -1888 ERNEST A. CLAWSER,III § CIVIL ACTION -CUSTODY Defendant § PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Plaintiff, Heather L. Thorn, by her attorney, Elizabeth B. Stone, and represents as follows: 1. Plaintiff is Heather L. Thorn, an adult individual currently residing at 544 N. Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Ernest A. Clawser, III, an adult individual currently residing at 79 Deer Lane, Middlesex Township, Carlisle, Cumberland County, Pennsylvania, 17013. Plaintiff seeks primary physical custody of the following child: Name Present Address Age Ava L. Clawser 544 N. Locust Point Road 9 '/2 Mechanicsburg, PA (D.O.B. 02/23/2004) 3. The child was born in wedlock. The parties separated when the minor child was ei just one year old, and are now divorced. k f$ 3.Dopa 4. There is one prior Order of Custody, signed by this Honorable Court, dated May 18, 2006, when the minor child was just three years old, and not yet in school. ( See attached Court Order, marked as Exhibit "A", and made a part of the record thereof). 5. The child is presently in the custody of the Plaintiff, Heather L. Thorn, who resides at 544 N. Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 6. Since her birth in 2004, the minor child has resided with the Plaintiff, her mother. 7. The mother of the child is Plaintiff, Heather L. Thorn, who has resided at 544 N. Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, since 2009, when she purchased the home. 8. The father of the child is Defendant, Ernest A. Clawser, III, an adult individual currently residing at 79 Deer Lane, Middlesex Township, Carlisle, Cumberland County, Pennsylvania, 17013. 9. The relationship of the Plaintiff to the child is that of mother. 10. The relationship of the Defendant to the child is that of father. 11. The parties have shared legal custody over the last few years. 12. Plaintiff is now concerned that the Defendant is living in his parent's home since his home is now without electricity. 13. More importantly, the Father is now living less than 1000 yards from a convicted Page 2 of 8 Megan's Law Registered Sexual Offender and Father does not seem to adequately protect the minor child from potential interaction with this man. 14. Plaintiff has extreme concerns for their daughter's safety while she is at the Defendant's temporary home. 15. Plaintiff has not participated as a party in other litigation concerning the custody of the child in a court of this Commonwealth or any other state. 16. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 17. 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. 18. The parties are hopeful to present a prepared and signed Custody Agreement modifying the prior Custody Agreement contemporaneous with the filing of this Petition for Modification. 19. The best interests and permanent welfare of the child will be served by granting the relief requested. The quality of the child's physical, intellectual, moral and spiritual environment would be improved by Plaintiffs continued interaction in her child's life. Page 3 of 8 WHEREFORE, Plaintiff requests the Court to grant Primary Physical Custody of the Child. Respectfully submitted, Eli zab- B. e Esquire S .reme '+ •rt I.D. No.: 60251 Atto • s r Plaintiff Page 4 of 8 VERIFICATION I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements made herein may subject me to penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Al AN, Date: f O 02 9/40/3 /t 1►��r��At Heather L.r horn Page 5 of 8 LAW OFFICES OF ELIZABETH B. STONE 3507 Market Street, Suite 303 Camp Hill,PA 17011 Telephone: (717) 909-1500 Facsimile: (717) 731-8115 HEATHER L. THORN, § IN THE COURT OF COMMON PLEAS Plaintiff § CUMBERLAND COUNTY,PENNSYLVANIA v. § NO. 05-1888 ERNEST A. CLAWSER,III § CIVIL ACTION -/CUSTODY Defendant § CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Complaint for Custody, filed in the above-captioned matter,upon Ernest A. Clawser,III, via regular first class mail,postage prepaid,and first class mail, certified, restricted delivery, return receipt requested , addressed as follows: Mr. Ernest A. Clawser, III 79 Deer Lane Carlisle, PA 17013 Respectfully sub • ed, Date: f1OV 12O,3 Elizabeth B +ne, Esq e Sus - e " ourt I.D. o.: 60251 • • I me or PI.' iff i;►. i flee of Elizabeth B. Stone 3507 Market Street, Suite 303 Camp Hill, PA 17011 (717) 909-1500 Page 6 of 8 O HEATHER L. THORN • IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA • Vs : No. 05-1888 CIVIL TERM ERNEST A. CLAWSER, III : CIVIL ACTION - LAW Defendant : IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, Heather L. Thorn , hereby swear or affirm, subject to penalties of I�w including 18 Pa. C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction. apply member guilty plea. no contest plea or pending charges 18 Pa.C.S.Ch.25 r r (relating to criminal homicide) C") r 1$Pa.C.S.§2702 ( j -0 (relating to aggravated 4 I -- assault) c, 7 18 Pa.C.S. §2706 DA (relating to terroristic c)c threats) D r "r C 18 Pa.C.S.§2709.1 I (relating to stalking) r- 18 Pa.C.S. §2901 I (relating to kidnapping) r • 11 1 18 Pa.C.S. §2902 IT El (relating to unlawful restraint) 18 Pa.C.S. §2903 r 'relating to false imprisonment) 18 Pa.C.S.§2910 IT IT (relatingto luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 IT IT (relating to rape) I 18 Pa.C.S.§3122.1 r IT relating to statutory sexual assault) I - 18 Pa.C.S. §3123 IT I 'relating to involuntary deviate sexual intercourse) 1-- 18 Pa.C.S. §3124.1 IT El 'relating to sexual assault) 1 18 Pa.C.S.§3125 IT El (relating to aggravated indecent assault) 1 18 Pa.C.S. §3126 (relating to indecent assault) 1 18 Pa.C.S. §3127 r (relating to indecent exposure) • 18 Pa.C.S.§3129 IT (relating to sexual intercourse with animals) 18 Pa.C.S.§3130 r 17 (relating to conduct relating to sex offenders) _ 18 Pa.C.S. §3301 IT r (relating to arson and related offenses) I 18 Pa.C.S. §4302 FT IT (relating to incest) I 18 Pa.C.S. §4303 I IT 'relating to concealing death of child) 18 Pa.C.S. §4304 17 IT (relating to endangering welfare of children) _.' 18 Pa.C.S.§4305 IT IT (relating to dealing in infant children) 18 Pa.C.S. §5902(b) fT (relating to prostitution and related offenses) 18 Pa.C.S.§5903 IT (c)or(d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S.§6301 FT (relating to corruption of minors' 18 Pa.C.S.§6312 r f relating to sexual abuse of children) 18 Pa.C.S.§6318 r- IT 'relating to unlawful contact with minor) 18 Pa.C.S. §6320 IT IT (relating to sexual exploitation of children) 23 Pa.C.S.§6114 I (relating to contempt for violation of Protection order or agreement) I- Driving under the influence of drugs or alcohol I __ Manufacture,sale, r IT delivery,holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither i nor any other member of my household have a history of violent or abusive conduct including the following: heck Self Other Date II that household . .1 member A finding of abuse by a Children&Youth 7 IT Agency or similar agency in Pennsylvania or similar statute in another Jurisdiction Abusive conduct as defined under the r C Protection from Abuse Act in Pennsylvania or similar statute in 4 • another jurisdiction Other: IT IT 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: N/A 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child : 5. If you are aware that the other party or members of the party's household has or have a criminal/abuse history, please explain: 1 erify that the information above is true and correct to the best of my knowledge in ormation or belief. I understand that false statements herein are made subject to the p:naities of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 1/ Si: ature Heather L. Thorn Printed Name HEATHER L.THORN IN THE COURT OF COMMON PLEAS OP� '' PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA ;. ". V. 2005-1888 CIVIL ACTION LAW -- ; ERNEST A. CLAWSER, III IN CUSTODY DEFENDANT c t� ORDER OF COURT AND NOW, Thursday,December 19,2013 , 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 Wednesday,January 22,2014 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court(including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1.915.17 regarding relocation. FOR THE COURT. By: /s/ Daum S. Sunday, Es T.d,-.- 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 ' tv/1 C/ eov/ ' C__ HEATHER L. THORN • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. • 2005-1888 CIVIL ACTION LAW • ERNEST A. CLAWSER III Defendant • IN CUSTODY L3,� - ORDER OF COURT <` ' AND NOW, this 3 Q day of Lfr13.Al t4' /L , 20147upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated November 2, 2006 and May 18, 2006 shall continue in effect as modified by this Order. 2. The parties shall make arrangements for the Child to continue in counseling with her current counselor, for so long as the counselor believes it is necessary for the Child's emotional well-being. The parties shall cooperate in scheduling the Child's counseling sessions to ensure that each party has an opportunity to take the Child to the counseling appointments on an alternating or shared basis. Both parties shall have the opportunity to speak directly with the counselor to provide information he or she may deem useful and to receive guidance from the counselor as to ways in which the parties can promote the Child's needs and emotional well-being. Any costs of the counseling which are not covered by insurance shall be paid by the Mother unless otherwise agreed between the parties. 3. In the event the involvement of the counselor does not lead to resolution of the issues related to the Child's activities, the Child's safety and other concerns raised by either party at the custody conciliation conference, it is recommended that the parties consider co-parenting/communication counseling or mediation to address those issues. 4. Paragraph 4 of the prior Order of this Court dated May 18, 2006 is hereby modified to specify that all of the Father's periods of partial custody shall begin at 5:00 p.m. and the weekday periods of custody shall end at 7:00 a.m. or earlier. The return time on alternating Sundays shall continue to be 6:00 p.m. 5. In the event the Child indicates an interest in attending overnight church camp, the parties agree that the camp week shall not count as a vacation week for either parent. 6. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa, C.S. § 5337. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of mutual consent in writing, the terms of this Order shall control. Edward E. Guido J. cc: zabeth B. Stone Esquire—Counsel for Mother Ernest A. Clawser III —Father e,o r£S / �L 1/3415/ 2 rntW `L r- W �Jr) "QI -rF , �� ua t."i HEATHER L. THORN • IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. • 2005-1888 CIVIL ACTION LAW • ERNEST A. CLAWSER III Defendant • IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME BIRTH YEAR CURRENTLY IN CUSTODY OF Ava Clawser 2004 Mother 2. A custody conciliation conference was held on January 22, 2014, with the following individuals in attendance: the Mother, Heather L. Thorn, with her counsel, Elizabeth B. Stone Esquire, and the Father, Ernest A. Clawser III, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. .. a3 aa' Date 1 / Dawn S. Sunday, Esquire Custody Conciliator