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HomeMy WebLinkAbout05-6743 Johnson, Duffie, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com DAVID E. DOLBIN, V. MINDY S. DOLBIN, Defendant NO. DS' -/'140 CIVIL ACTION - LAW COMPLAINT FOR CUSTODY C-) LL? 1. The Plaintiff is David E. Dolbin, who is currently residing at 1116 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Mindy S. Dolbin, who is currently residing at 12 Hillcrest Road, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff seeks custody of the following child: Bailey Eric Dolbin, age 1, whose date of birth is December 5, 2004. 4. The child was not born out of wedlock. 5. The child is primarily in the custody of Defendant, who resides at 12 Hillcrest Road, Enola, Cumberland County, Pennsylvania 17025. 6. During the past year, the child has resided with the following persons at the Attorneys for Plaintiff, David E. Dolbin IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA following addresses: Dates Location With Whom A) Birth -11/05 1116 Kent Drive Plaintiff and Defendant Mechanicsburg, PA 17055 B) 11/05 - Present 12 Hillcrest Road Defendant Enola, PA 17025 7. The natural mother of the child is Mindy S. Dolbin. She is married to the Plaintiff, David E. Dolbin. 8. The natural father of the child is David E. Dolbin. He is married to the Defendant, Mindy S. Dolbin. 9. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with the minor child on a partial custody basis. 10. The relationship of Defendant to the child is that of natural mother. The Defendant currently resides with the minor child on a primary custody basis. 11. Neither party has participated as a party in other litigation concerning the custody of the child in another court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. The Plaintiff and Defendant have shared custodial time of the minor child by agreement since separation. The Defendant has chosen on several occasions to preclude the Plaintiff from his agreed upon custodial periods without notice. B. Plaintiff's relationship with his son should be preserved and nurtured. C. Plaintiff is able to provide for the minor child's physical, intellectual and emotional needs and well being. D. The Plaintiff is present as fit parent for affection, guidance, companionship and discipline and it is critical to the minor child's emotional well being. E. The Defendant's actions have served to alienate and preclude Plaintiff from maintaining a relationship with his son. F. Plaintiff and the minor child have developed a close and loving relationship that should be nurtured and permitted to grow. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant him shared physical and legal custody of the minor child. JOHNSON, DUFFIE, $TEWART & WEIDNER By: :264976 VERIFICATION I, MARK C. DUFFIE, attorney for DAVID E. DOLBIN, hereby certify that the matters asserted herein constitute matters of record, legal arguments and matters within the direct knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A.§4904. Date: i2?z?(t 5 7, (_ts Mark . Duffie CERTIFICATE OF SERVICE AND NOW, this Z,2- day of Z-,C 'L ,2005, the undersigned does hereby certify that she did this date serve a copy of the for going Complaint for Custody upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Keith O. Brenneman Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER By: "A-6- (, G( t LL.7 Cassandra T. Rosenbau :264976 1 p r7 ^? cI c n ? ? T O n lv n / l cn DAVID E. DOLBIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERI.AND COUDdTY, PENNSYLVANIA V. MINDY S. DOLBIN DEFENDANT 05-6743 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 03, 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 Tuesday, January 31, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Dawn S. Sunday, Lis , 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 WI [ERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 no DAVID E. DOLBIN IN THE COURT OF COMMON PLEAS OF (/ Plaintiff CUMBERLAND COUNTY, PENNSYLVANIAd VS. 05-6743 CIVIL ACTION LAW MINDY S. DOLBIN Defendant IN CUSTODY ORDER OF COURT AND NOW, this ( +* day of r-? V , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, David E. Dolbin, and the Mother, Mindy S. Dolbin, shall have shared legal custody of Bailey Eric Dolbin, born December 5, 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 his 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. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends, beginning Friday, February 10, 2006, from Friday, when the Father shall pick up the Child at daycare at 4:15 (after work) through Monday morning, when the Father shall return the Child to daycare at 7:30 a.m. or, if the Mother is not working, to the Mother's residence at 7:30 a.m. B. During weeks following the Mother's weekend periods of custody, the Father shall also have custody of the Child from Tuesday, when the Father shall pick up the Child from daycare at 4:15 (after work) through Wednesday morning at 7:30 a.m., when the Father shall return the Child to daycare or to the Mother's residence if the Mother is not working. C. During weeks following the Father's weekend periods of custody, the Father shall have custody of the Child from Thursday when the Father shall pick up the Child from daycare at 4:15 (after work) through Friday morning at 7:30 a.m., when the Father shall return the Child to daycare or to the Mother's residence, if the Mother is not working. 4. Each parent shall be entitled to have custody of the Child for 14 additional days each year, upon providing at least 60 days advance notice to the other parent. Neither parent shall schedule a period of custody under this provision to exceed seven consecutive days. Neither party shall schedule periods of custody under this provision during the other party's scheduled holiday periods of custody unless otherwise agreed between the parties. The specific times for exchanges of custody under this provision shall be arranged by agreement between the parties. 5. The parties shall share or alternate having custody of the Child on holidays in accordance with the following schedule: A. Thanks iving: The Thanksgiving holiday shall be divided into Segment A, which shall run from Wednesday after work through Saturday at noon, and Segment B, which shall run from Saturday at noon through Monday when the parent with custody shall transport the Child to daycare. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve through December 26, and Segment B, which shall run from December 26 through December 28. The exchange times on workdays shall be 4:15 or after work, and the exchange times for days when the parties are not working shall be noon or as otherwise agreed. In even numbered years, the Father shall have custody during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody during Segment A and the Father shall have custody during Segment B. C. Easter: The Easter holiday shall be divided into Segment A, which shall run from Friday after work (or in the morning if there is no work) through Saturday at 8:00 p.m., and Segment B, which shall run from Saturday at 8:00 p.m. through Monday when the parent with custody shall transport the Child to daycare. In even numbered years, the Mother shall have custody during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. D. Memorial Day: The Memorial Day weekend holiday shall run from Friday after work through Monday at 8:00 p.m. The Mother shall have custody of the Child for the holiday in even numbered years and the Father shall have custody in odd numbered years, with the exception of 2006, during which the Father shall have custody for the Memorial Day holiday weekend. E. Independence Day: The Independence Day holiday shall run from July 3 through July 5, with the exchange times on workdays to be after work and on days when the parties are not working the exchange time shall be 12:00 noon or as otherwise agreed. The Father shall have custody of the Child for the holiday in even numbered years and the Mother shall have custody in odd numbered years. F. Labor Day: The Labor Day holiday weekend shall run from Friday after work through Monday at 8:00 p.m. The Mother shall have custody of the Child for the holiday in even numbered years and the Father shall have custody in odd numbered years. G. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day from 9:00 a.m. until 8:00 p.m. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. The parties agree that neither party shall seek a modification of the existing Child Support Order based upon the custody schedule set forth in this Order. 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. BY THE COURT, J. cc: Mark C. Duffie, Esquire - Counsel for Father Keith O. Brenneman, Esquire - Counsel for Mother d - (? /? 1 DAVID E. DOLBIN Plaintiff VS. MINDY S. DOLBIN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-6743 CIVIL ACTION LAW 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: 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 Bailey Eric Dolbin December 5, 2004 Mother 2. A custody conciliation conference was held on January 31, 2006 with the following individuals in attendance: The Father, David E. Dolbin, with his counsel, Mark C. Duffie, Esquire, and the Mother, Mindy S. Dolbin, with her counsel, Keith O. Brenneman, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 7414436 ATTORNEY FOR PLAINTIFF DAVID E. DOLBIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : NO. 2005-6743 CIVIL MINDY S. DOLBIN, Defendant : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW comes the Plaintiff, David E. Dolbin, by his attorney, Nathan C Wolf, Esquire, and files this petition for special relief respectfully representing as follows: 1. The plaintiff is David E. Dolbin, an adult individual residing at 1116 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The defendant is Mindy S. Dolbin, an adult individual residing at 4182 Elk Court, Apartment 106., Mechanicsburg, Pennsylvania 17050. 3. The plaintiff and defendant are the natural parents of one minor child, namely: N= Present Residence Age Bailey Eric Dolbin 4182 Elk Court, Apt 106 1 'k years Mechanicsburg, PA 17055 D.O.B. 12/5/2004 4. The child is presently in the custody of Mother but resided with both parses from the time of his birth until October of 2005, when Mother left the marital residence with the child. Since that time, the child has been in the primary custody of Mother, but Father has been afforded partial custody of the child. 5. The parties participated in a conciliation conference on January 31, 2006, with Dawn S. Sunday, Esquire, Custody Conciliator and the Court issued an order upon the agreement of the parties on February 9, 2006. (A true and correct copy of said Order is attached hereto as Exhibit A). 6. The existing Order provides for Father to have periods of custody on an alternating weekend basis, plus an additional overnight each week, and additional weeks of vacation in the summers and shared holidays. 7. On or about June 16, 2006, Mother called Father three times, leaving messages regarding the child. 8. Father called Mother back, and after getting into a verbal argument, Mother's boyfriend made comments of an instigating nature through the phone to Father. 9. Being concerned for his child's well-being, Father came to Mother's house to confront Mother's boyfriend and to attempt to ensure the child's welfare. 10. Father and Mother's boyfriend became engaged in a heated verbal and then physical altercation. 11. No serious injuries resulted from the altercation, but there was some property damaged in the exchange. 12. Father was arrested and charged criminally with counts of simple assault, disorderly conduct and criminal mischief arising out of the events of June 16, 2006. 13. Father is scheduled to appear before MDJ Thomas Placey on July 5, 2006. 14. Mother's counsel contacted Father's prior counsel by letter, attached hereto as Exhibit B. 15. Mother has threatened to obtain a PFA to restrict Father's access to the child. 16. Father has never engaged in any physically threatening or abusive behavior towards Mother or the child. 17. Father regrets the incident of June 23, 2006, and is prepared to acknowledge his responsibility forthat evening. 18. Father believes however, that Mother's refusal to permit any contact between the child and Father is an unjustified attempt to alienate the child from his Father. 19. Father made offers to temporarily exercise his periods of custody, pending the preliminary hearing in the criminal matter, in the presence of the paternal grandmother to assuage Mother concerns. 20. Father believes and therefore avers that it would be in the best interests of the child for this Court to issue an Order for Special Relief, directing Mother to comply with the February 9, 2006 Order of Court, and to allow Father to exercise his periods of custody granted therein, until a heating can be held on this matter. 21. Father's counsel, has notified opposing counsel of his intention to file the instant petition prior to filing. WHEREFORE, Plaintiff, David E. Dolbin, prays this Honorable Court enter a Temporary Custody Order directing Defendant, Mindy S. Dolbin, to comply with the provisions of this Court's Order of February 9, 2006, pending further Order of Court along with any additional relief that the Court may deem appropriate and just. Dated: June 23, 2006 Attorney for Plaintiff dam,. DAVID E. DOLBIN Plaintiff VS. MINDY S. DOLBIN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-6743 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ` day of / , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, David E. Dolbin, and the Mother, Mindy S. Dolbin, shall have shared legal custody of Bailey Eric Dolbin, born December 5, 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 his 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. 2. The Mother shall have primary physical custody of the Child. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends, beginning Friday, February 10, 2006, from Friday, when the Father shall pick up the Child at daycare at 4:15 (after work) through Monday morning, when the Father shall return the Child to daycare at 7:30 a.m. or, if the Mother is not working, to the Mother's residence at 7:30 a.m. B. During weeks following the Mother's weekend periods of custody, the Father shall also have custody of the Child from Tuesday, when the Father shall pick up the Child from daycare at 4:15 (after work) through Wednesday morning at 7:30 a.m., when the Father shall return the Child to daycare or to the Mother's residence if the Mother is not working. C. During weeks following the Father's weekend periods of custody, the Father shall have custody of the Child from Thursday when the Father shall pick up the Child from daycare at 4:15 (after work) through Friday morning at 7:30 a.m., when the L?Kuv3 )-t A Father shall return the Child to daycare or to the Mother's residence, if the Mother is not working. 4. Each parent shall be entitled to have custody of the Child for 14 additional days each year, upon providing at least 60 days advance notice to the other parent. Neither parent shall schedule a period of custody under this provision to exceed seven consecutive days. Neither party shall schedule periods of custody under this provision during the other party's scheduled holiday periods of custody unless otherwise agreed between the parties. The specific times for exchanges of custody under this provision shall be arranged by agreement between the parties. 5. The parties shall share or alternate having custody of the Child on holidays in accordance with the following schedule: A. Thanks iving: The Thanksgiving holiday shall be divided into Segment A, which shall run from Wednesday after work through Saturday at noon, and Segment B, which shall run from Saturday at noon through Monday when the parent with custody shall transport the Child to daycare. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve through December 26, and Segment B, which shall run from December 26 through December 28. The exchange times on workdays shall be 4:15 or after work, and the exchange times for days when the parties are not working shall be noon or as otherwise agreed. In even numbered years, the Father shall have custody during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody during Segment A and the Father shall have custody during Segment B. C. Easter: The Easter holiday shall be divided into Segment A, which shall run from Friday after work (or in the morning if there is no work) through Saturday at 8:00 p.m., and Segment B, which shall run from Saturday at 8:00 p.m. through Monday when the parent with custody shall transport the Child to daycare. In even numbered years, the Mother shall have custody during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. D. Memorial Dav: The Memorial Day weekend holiday shall run from Friday after work through Monday at 8:00 p.m. The Mother shall have custody of the Child for the holiday in even numbered years and the Father shall have custody in odd numbered years, with the exception of 2006, during which the Father shall have custody for the Memorial Day holiday weekend. E. Independence Da V: The Independence Day holiday shall run from July 3 through July 5, with the exchange times on workdays to be after work and on days when the parties are not working the exchange time shall be 12:00 noon or as otherwise agreed. The Father shall have custody of the Child for the holiday in even numbered years and the Mother shall have custody in odd numbered years. F. Labor Dav: The Labor Day holiday weekend shall run from Friday after work through Monday at 8:00 p.m. The Mother shall have custody of the Child for the holiday in even numbered years and the Father shall have custody in odd numbered years. G. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day from 9:00 a.m. until 8:00 p.m. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. The parties agree that neither party shall seek a modification of the existing Child Support Order based upon the custody schedule set forth in this Order. 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 BY THP- COURT, J. cc: Mark C. Duffie, Esquire - Counsel for Father Keith O. Brenneman, Esquire - Counsel for Mother N w.eP eTi tot ?.8 C ' E-aD the of 'aw jji i:rljsjo' Pa _. ?f Protlnrr r i RICHARD c, SNELBAFER KEITH O. BRENNEMAN A. W. Pefferls Trucklne -1 7327112 SNELBAKER 8 BRENNEMAN, P.C. AI WV[ N^LC05NRATION ATTORNEY} AT LAW 44 WEST MNN STREET MECHP.NT(::WKG. PENNSYLVANIA Vrt5j5 7V-59 T-5528 June 20, 2006 Mark C. Duffie, Esquire Johnson, Duffle, Stewart & Weidner. P. C. 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Re: Dolbin (Custody) Dear Mr. Duffie: P.01 . o. Vox Na FAC:ZINULU (717) e97-P5& As you may recall, I Teprescnted Mindy Dolbin with respect to her divorce and custody matters. Since you are attorney of record for David Dolbin I am providing this letter to you; however, I will be copying this letter to Mr. Dolbin since he had advised Mindy that he is no longer using you as his attomey, You should be aware that Mr. Dolbin was arrested on June 15, 2006 as a result of an incident at my client's home. He was charged with public drunkenness, disorderly conduct and attempted assault. My client is in the process of obtaining a PFA with the assistance of the Police Department. please be advised that given the above, your client will not be given custody of Bailey until further notice. Once the above matters are resolved, my client will consider an appropriate custody arrangement which will be based, in part, upon the condition that your client undergo drug and/or alcohol treatment. If you should have any questions,. please feel free to give me a call. Yours truly, j Keith O. Brenneman KOB/sm CC: Mindy Dolbin David Dolbin ew ?t 7T VERIFICATION I, the undersigned, do hereby verify that the facts set forth in this petition are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. June _, 2006 7l`r David E. Dolbin NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 741-4436 ATTORNEY FOR PLAINTIFF DAVID E. DOLBIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : NO. 2005-6743 CIVIL MINDY S. DOLBIN, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C Wolf, Esquire, have served a true and correct copy of Petition for Special Relief upon the following person and in the matter indicated: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C 44 West Main Street Mechanicsburg, PA 17055 WOLF June, 2006 ?FESQUUIRE 10/West ' h Street ar Pennsylvania 17013 7) 241-4436 Supreme Court I.D. No. 87390 1 ° vI JUN 2 $ 2006 10 (717) 1 C. WOLF, ESQUIRE fEY ID NO. 87380 HIGH STREET E PA 17013 FOR PLAINTIFF IOLBIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-6743 CIVIL S. DOLBIN, Defendant : IN CUSTODY ORDER OF COURT this 7-9 L day of June, 2006 upon consideration of the Attached Petition for Special the following Order is hereby issued: Pending further Order of Court, Mother is directed to comply with the provisions of the February 9, 2006 Omer of Court, and grant Father his specified periods of partial physical custody in accordance therewith. V,Natha C. Wolf, Esquire For the Plaintiff eith . Brenneman, Esquire For the Defendant By the Court, 9S I tic] 9Z PIN 9301 A ? ;Hi ?O STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DAVID E. DOLBIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. MINDY S. DOLBIN, Defendant : CIVIL ACTION - LAW : NO. 2005-6743 : CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Petitioner, David E. Dolbin, by his attorney, Stacy B. Wolf, Esquire, and files this petition for modification of custody, respectfully representing as follows: 1. The plaintiff/petitioner is David E. Dolbin, an adult individual who resides at 1116 Kent Drive, Mechanicsburg, Pennsylvania 17050. 2. The defendant/respondent is Mindy S. Dolbin, an adult individual who resides at 119 York Street, Enola, Pennsylvania 17025. 3. The plaintiff and defendant are the natural parents of one minor child, namely: Name Present Residence Awe Bailey Eric Dolbin 119 York Street 4 years Enola, PA 17025 D.O.B. 12/5/2004 4. The child is presently the subject of an Order for Custody issued February 9, 2006 by the Honorable Edward E. Guido, providing for shared legal custody and primary physical custody of the child with Mother and partial physical custody of the child with Father. A true and correct copy of the order of which modification is sought is attached hereto as Exhibit "A." 5. Father seeks a modification of custody based upon developments that have occurred since the issuance of said custody order. 6. Father has developed a very close relationship with the child and Father as well as the child have expressed a desire to spend more time together. 7. Mother has been inappropriately telling the child that they are moving far away and he will no longer see his father often, which is extremely upsetting to the child. 8. Father seeks equal shared physical custody of the child on a week on/week off basis. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because Father will be able to provide for the child's medical, educational, emotional and physical needs in a stable, safe, and nurturing environment. 10. The best interests and permanent welfare of the child would be served by this Court issuing an Order granting equal shared physical custody of the child to Father. WHEREFORE, Petitioner, David E. Dolbin, prays this Honorable Court enter an Order granting equal shared physical custody of the child to Petitioner/Father, and granting shared legal custody of the child to both parties and any additional relief as the Court deems appropriate. Dated: Septembet 2009 Stacy B. lf, Esquire 10 West Ffth Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff DAVID E. DOLBIN Plaintiff vs. MINDY S. DOLBIN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-6743 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ` day of ` 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: pon 1. The Father, David E. Dolbin, and the Mother, Mindy S. Dolbin, shall have shared legal custody of Bailey Eric Dolbin, born December 5, 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 his 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. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends, beginning Friday, February 10, 2006, from Friday, when the Father shall pick up the Child at daycare at 4:15 (after work) through Monday morning, when the Father shall return the Child to daycare at 7:30 a.m. or, if the Mother is not working, to the Mother's residence at 7:30 a.m. B. During weeks following the Mother's weekend periods of custody, the Father shall also have custody of the Child from Tuesday, when the Father shall pick up the Child from daycare at 4:15 (after work) through Wednesday morning at 7:30 a.m., when the Father shall return the Child to daycare or to the Mother's residence if the Mother is not working, C. During weeks following the Father's weekend periods of custody, the Father shall have custody of the Child from Thursday when the Father shall pick up the Child from daycare at 4:15 (after work) through Friday morning at 7:30 a.m., when the LFE-Y HI?IT 0A Father shall return the Child to daycare or to the Mother's residence, if the Mother is not working. 4. Each parent shall be entitled to have custody of the Child for 14 additional days each year, upon providing at least 60 days advance notice to the other parent. Neither parent shall schedule a period of custody under this provision to exceed seven consecutive days. Neither party shall schedule periods of custody under this provision during the other party's scheduled holiday periods of custody unless otherwise agreed between the parties. The specific times for exchanges of custody under this provision shall be arranged by agreement between the parties. 5. The parties shall share or alternate having custody of the Child on holidays in accordance with the following schedule: A. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A, which shall run from Wednesday after work through Saturday at noon, and Segment B, which shall run from Saturday at noon through Monday when the parent with custody shall transport the Child to daycare. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve through December 26, and Segment B, which shall run from December 26 through December 28. The exchange times on workdays shall be 4:15 or after work, and the exchange times for days when the parties are not working shall be noon or as otherwise agreed. In even numbered years, the Father shall have custody during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody during Segment A and the Father shall have custody during Segment B. C. Easter: The Easter holiday shall be divided into Segment A, which shall run from Friday after work (or in the morning if there is no work) through Saturday at 8:00 p.m., and Segment B, which shall run from Saturday at 8:00 p.m. through Monday when the parent with custody shall transport the Child to daycare. In even numbered years, the Mother shall have custody during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. D. Memorial Day: The Memorial Day weekend holiday shall run from Friday after work through Monday at 8:00 p.m. The Mother shall have custody of the Child for the holiday in even numbered years and the Father shall have custody in odd numbered years, with the exception of 2006, during which the Father shall have custody for the Memorial Day holiday weekend. E. Independence Day: The Independence Day holiday shall run from July 3 through July 5, with the exchange times on workdays to be after work and on days when the parties are not working the exchange time shall be 12:00 noon or as otherwise agreed. The Father shall have custody of the Child for the holiday in even numbered years and the Mother shall have custody in odd numbered years. F. Labor Dav: The Labor Day holiday weekend shall run from Friday after work through Monday at 8:00 p.m. The Mother shall have custody of the Child for the holiday in even numbered years and the Father shall have custody in odd numbered years. G. Mother's Day/Father's Da v: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day from 9:00 a.m. until 8:00 p.m. H. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. The parties agree that neither party shall seek a modification of the existing Child Support Order based upon the custody schedule set forth in this Order. 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. BY THE COURT, cc: Mark C. Duffie, Esquire - Counsel for Father Keith O. Brenneman, Esquire - Counsel for Mother 4 x ? ? ?F4 Cf ?t .r`t3 q`Go rt M'A .?`.•:C if E?.'? lk pa, VERIFICATION I, the undersigned, do hereby verify that I am the plaintiff in this action and that the facts set forth in this petition are true and correct to the best of my information knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. q -1 - . 2009 -V? )?; = David E. Dolbin STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DAVID E. DOLBIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. MINDY S. DOLBIN, Defendant : CIVIL ACTION - LAW : NO. 2005-6743 : CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Plaintiff, do hereby certify that I have served a copy of the foregoing Petition forModiftcation of Custody upon the following individual by postage prepaid mail, addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Respectfully submitted, Stacy B. Wo Esquire Attorney f laintiff Date: September, 2009 OF THE: r ????AY 2 3 0 9 SEA' LZ FrI i2,• ofJ DAVID E. DOLBIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-6743 CIVIL ACTION LAW MINDY S. DOLBIN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, September 30, 2009 , 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, October 28, 2009 at 10:30 AM .......... .-.._........ -- for a Pre-l-learing 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 OF 7? TARY ZM S'Ep 30 PM 4 a-If NOV 0 9 200, ?-2 DAVID E. DOLBIN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2005-6743 CIVIL ACTION LAW MINDY S. DOLBIN Defendant IN CUSTODY ORDER OF COURT AND NOW, this lpA day of , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 3 of the Cumberland County Court House on the 15114 day of , 20 at POO o'clock m., at which time testimony will be taken. For purposes of the hearing, the Father, David E. Dolbin, 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 at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least seven days prior to the hearing date. 2. Pending the hearing and further Order of Court or agreement of the parties, the prior Order of this Court date February 9, 2006 shall continue in effect. BY THE , Edward E. Guido cc: ??y B. Wolf, Esquire -Counsel for Father Keith O. Brenneman, Esquire - Counsel for Mother C e S eML LCJ-, J. DAVID E. DOLBIN Plaintiff VS. MINDY S. DOLBIN Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-6743 CIVIL ACTION LAW 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: 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 Bailey Eric Dolbin December 5, 2004 Mother 2. A custody conciliation conference was held on October 28, 2009, with the following individuals in attendance: the Father, David E. Dolbin, with his counsel, Stacy B. Wolf, Esquire, and the Mother, Mindy S. Dolbin, with her counsel, Keith O. Brenneman, Esquire. 3. The Father filed this Petition for Modification seeking a shared physical custody schedule. This Court previously entered an Order in this matter on February 9, 2006, under which the Mother has primary physical custody and the Father has alternating weekends and one overnight per week. 4. The parties were unable to reach an agreement at the conference and there was substantial discussion about the possibility of obtaining a custody evaluation to assess the best interests and needs of the Child, particularly in light of some of the concerns stated by the Mother. The Mother indicated her preference and willingness to obtain the custody evaluation and it was agreed that the Father would further discuss that option with his counsel. The conciliator held the matter open pending the Father's decision as to whether he wanted to proceed with the evaluation or a hearing. The Father's counsel subsequently contacted the conciliator to request the scheduling of a hearing. 5. The Father's position on custody is as follows: The Father believes that an alternating weekly schedule would be best for the Child so that he can spend as much time as possible with both parents. The Father indicated that he has developed a close relationship with the Child and that the Child does not want to leave after he has spent time with the Father. The Father denies the validity of the concerns alleged by the Mother regarding his parenting. 6. The Mother's position on custody is as follows: The Mother believes that the existing schedule is working well and strongly opposes any change that would result in the Child spending more time with the Father. The Mother indicated that the Child is presently in counseling because he does not want to go to the Father's residence for periods of custody. The Mother believes that a change in the schedule would be devastating to the Child who finds it difficult to make the transitions between the parties' residences even under the current schedule. The Mother stated that the Child has significant behavioral problems after returning from a period of custody with the Father. The Mother raised other concerns regarding the Father's ability to adequately care for the Child. 7. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter. It is anticipated that the Mother's counsel may file a request with the Court for an Order requiring the parties to participate in a custody evaluation. In the conciliator's opinion, it does appear that an evaluation would be useful in addressing the serious concerns raised by the Mother. Ahoe,ke.q y (2 Date Dawn S. Sunday, Esquire Custody Conciliator _ ThFiL.FIDfi 2009 NOY 16 AM n: 4 b DAVID E. DOLBIN, Plaintiff V. MINDY S. DOLBIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-6743 IN CUSTODY MOTION TO REQUIRE PLAINTIFF TO PARTICIPATE IN CUSTODY EVALUATION AND SHARE THE COSTS THEREOF Defendant Mindy S. Dolbin, by her attorneys, Snelbaker & Brenneman, P. C., submits this Motion and in support thereof states the following: 1. Defendant Mindy S. Dolbin and Plaintiff David E. Dolbin are the natural parents of Bailey E. Dolbin, age 5, who was born December 5, 2004. 2. By Order of Court dated February 9, 2006 Defendant has had primary physical custody of the parties' son Bailey E. Dolbin. 3. On February 9, 2006 Bailey E. Dolbin was less than two years of age. Prior to February 9, 2006 and. thereafter, Defendant has been the primary caretaker and custodial parent of the parties' son. 4. On September 22, 2009 Plaintiff filed a Petition For Modification of Custody. 5. On November 10, 2009 this Court scheduled a hearing on the custody matter initiated by the Plaintiff to take place on January 15, 2010 at 1:00 p.m. 6. At the time of the custody conciliation held on October 28, 2009, the parties agreed that they would consider having a custody evaluation performed. 7. Defendant desires that a custody evaluation be performed believing it in the best interests of the parties' child to address and evaluate issues and concerns raised by the Plaintiffs LAW OFFICES SNELBAKER & BRENNEMAN, P.C. A. ,are and custody and the effect that such care and custody as well as a change in custody would :lave with respect to her son. 8. As noted in the Custody Conciliation Summary Report attached to this Court's scheduling order of November 10, 2009, it was the conciliator's opinion that a custody evaluation would be useful in addressing the serious concerns raised by Defendant. 9. Defendant has investigated different sources for conducting a custody evaluation. Defendant believes that the custody evaluation services proposed by Deborah L. Salem provide the best services at a reasonable cost which could range from $2,800 to $4,600 10. Defendant does not have the financial means to pay the total costs of the custody uation. 11. Since the custody evaluation is in the best interest of the parties' son and would inure the benefit of the parties in resolving issues pertaining to custody of their son, Defendant is that Plaintiff both participate in and be responsible for paying for one-half (1 /2) of the associated with the custody evaluation to be performed by Deborah L. Salem. 12. Having a custody evaluation performed would either result in their being no need to a custody hearing by this Court thereby savings the parties' and the Court's resources or, in alternative, if a custody hearing is necessary, the custody evaluation could be helpful in assisting the Court in deciding this custody matter. 13. By letter dated November 30, 2009 Defendant's attorney inquired of Plaintiff s whether Plaintiff would agree to cooperate in a custody evaluation and share equally the of that process. Although the request was made to hear back from Plaintiff's attorney -2- LAW OFFICES SNEL13AKER & BRENNEMAN, P.C. promptly, as of the presentation of this Motion, no response has been forthcoming from Plaintiffs attorney. Accordingly, for purposes of C.C.R.P. 208.3(a)(9), it is assumed that Plaintiffs attorney does not consent to this Motion. 14. The Honorable Edward E. Guido has made the most recent ruling in this case by scheduling the custody hearing in this matter through the Court's Order of November 10, 2009. WHEREFORE, Defendant requests this Court to issue an Order requiring Plaintiff to participate in the custody evaluation and to share the costs equally thereof with the Defendant. SNELBAKER & BRENNEMAN, P. C. By: Date: December 8, 2009 (Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Mindy S. Dolbin LAW OFFICES -3- SNELBAKER EC BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Motion are true and correct based upon personal knowledge, information and/or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. 'A-X-'A"'? Q u, - Mindy S. D in Date: 1 -?I %I Qq CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 By: Date: pecember 9, 2009 SNELBAKER & BRENNEMAN, P.C. I L"L-? Keith O. Brenneman, Esquire . 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Defendant Mindy S. Dolbin LAW OFFICES SNELBAKER BC BRENNEMAN, P.C. Zvi DEC -9 . i i t ? 5 ? A .a , LAW OFFICES SNELBAKER & BRENNEMAN, P.C. DAVID E. DOLBIN, Plaintiff V. MINDY S. DOLBIN, Defendant ;-?, art 2?OyG? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-6743 IN CUSTODY ORDER AND NOW this d day of December, 2009, upon consideration of Defendant's Motion to Require Plaintiff to Participate in Custody Evaluation and Share the Costs Thereof, it is hereby ORDERED that a Rule is issued upon Plaintiff to show cause, if any he should have, why the relief requested in the forgoing Motion should not be granted. RULE RETURNABLE within ten (10) days of service of this Order upon Plaintiffs attorney. B E COURT: SLED-OFFICE OF THE IORCTKNOTARY 2009 DEC I I AM 10: 2 9 LVIO STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DAVID E. DOLBIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MINDY S. DOLBIN, : NO. 2005-6743 Defendant CUSTODY _ANSWER TO MOTION TO REQUIRE PLAINTIFF TO PARTICIPATE IN CUSTODY EVALUATION AND SHARE THE COSTS THEREOF NOW, comes the plaintiff, David E. Dolbin, by his attorney, Stacy B. Wolf, Esquire, and responds to the defendant's motion as follows: 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. It is admitted that on February 9, 2006 Bailey E. Dolbin was less than two years of age. It is denied that prior to February 9, 2006 and thereafter Defendant has been the primary caretaker and custodial parent of the parties' son. To the contrary, prior to November, 2005 when Defendant left the marital residence with the parties' son, both Plaintiff and Defendant shared caretaking responsibilities and were the custodial parents of the parties' son. Further, following Defendant's vacation from the martial residence, Plaintiff continued caretaking responsibilities and had partial custody by agreement. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. Plaintiff is without sufficient information or knowledge to form a belief as to the truth of the averments of fact contained in paragraph seven of Defendant's motion. By way of further response, a custody evaluation is not necessary to address and evaluate Defendant's concerns about Plaintiff which were only raised at the custody conciliation conference once Plaintiff filed his petition to modify custody. This is especially true in light of the fact that Defendant's concerns have been deemed to be meritless after investigation by Plaintiff and the undersigned. (A) Plaintiff has refuted Defendant's concern about drug and alcohol abuse by undergoing a drug and alcohol test through his physician and receiving negative test results. A true and correct copy of the testing report is attached hereto as Exhibit "A". (B) Plaintiff has refuted Defendant's concern about the severity of his anxiety disorder by obtaining a letter from his treating physician, Dr. Richard Davis, describing Plaintiff's condition as mild, only requiring a very low dosage of medication for adequate management of his condition, and stating he has been symptom free for the past several years. A true and correct copy of the letter from Dr. Richard Davis dated December 8, 2009 is attached hereto as Exhibit "B". (C) Plaintiff has refuted Defendant's claim that there is an ongoing investigation concerning Plaintiff's automobile accident by speaking on November 2, 2009 to Officer Scott Rood of the East Pennsboro Township Police Department who has confirmed there is no ongoing investigation and the case is closed. (D) A custody evaluation is not necessary to address Defendant's allegation that the child exhibits temper tantrums and crying spells before visiting with Plaintiff where Plaintiff has obtained a report from Julie L. Cadenhead, MSW, LCSW of PinnacleHealth Psychological Associates indicating as of November 20, 2009, the child is no longer exhibiting the temper tantrums or crying spells, the child was doing well and the parties chose not to schedule any additional therapy sessions. A true and correct copy of the treatment summary by Julie L. Cadenhead, MSW, LCSW is attached hereto as Exhibit "C". 8. Admitted. By way of further response, it is submitted the conciliator's opinion as to the usefulness of a custody evaluation was based on Defendant's allegations that now, after investigation and without the need for a custody evaluation, have been determined to lack any support or merit. Moreover, the observations of the conciliator were made without the benefit of the supporting evidence submitted as exhibits hereto, documenting the lack of merit of Defendant's "serious concerns." 9. Denied. Plaintiff is without sufficient information or knowledge to form a belief as to the truth of the averments of fact contained in paragraph nine of Defendant's motion. 10. Denied. Plaintiff is without sufficient information or knowledge to form a belief as to the truth of the averments of fact contained in paragraph ten of Defendant's motion. By way of further response, Defendant receives child support from Plaintiff in the amount of $1,040.00 per month. Therefore, it is averred that Defendant has more available resources to pay for an evaluation, if one is ordered by this Court. 11. Denied. To the contrary, seeking an order requiring the parties to participate in and split the cost of a custody evaluation is sought to delay the proceedings in this matter, specifically the custody hearing scheduled for January 15, 2009 and any resulting modification of the current custody order and to prejudice Plaintiff due to his lack of resources to cover one-half the cost of the evaluation, and is unnecessary as the concerns Defendant has raised have been determined to be meritless without the need for a custody evaluation and can be disposed of by the Court during the January 15, 2009 Hearing. By way of further response it is averred that this motion was filed because Plaintiff sought additional periods of custody which Defendant opposes, therefore by delaying trial in this matter, Defendant is able to maintain the status quo and limit the Plaintiffs contact with the child. Moreover, Defendant only raised any concerns about Plaintiff's ability to care for the child after Plaintiff sought to have his periods of custody expanded to 50/50 custody from the current schedule which already provides him with five overnights out of every fourteen overnights and shared holidays. Plaintiff asserts that these "serious concerns" are instead Defendant's only means to frustrate Plaintiff's efforts to have shared physical custody of the child because she does not want to deal with the possibility that her child support payments from Plaintiff would be reduced. 12. Denied as stated. Plaintiff is unaware what resources Defendant would have to devote to her representation at trial, however, it is averred that because trial is only approximately thirty days in the future from the filing of the instant answer, Defendant is seeking to delay trial in this matter and therefore prevent Plaintiff from having any expansion of his periods of custody beyond what is currently in place. 13. Admitted. By way of further response, on approximately October 30, 2009, one month prior to the correspondence from Defendant's counsel being sent, and within a few days of the custody conciliation conference, the undersigned notified Defendant's counsel that Plaintiff was not in agreement with participating in or paying one-half the cost of a custody evaluation. 14. Admitted. WHEREFORE, the plaintiff requests this Court issue an Order denying Defendant's request to require Plaintiff to participate in a custody evaluation and to share the costs equally thereof with Defendant. Respectfully submitted, WOLF & WOLF, Attorneys at Law Dated: December ,L-.Q_, 2009 Stacy B.MoIf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff IIENT IvFopi-LkiloN DOLDIN,DAVID E QUEST DIAGNOSTICS INCORPORATED CL1CHT SERVICE 215.95-11.9300 DOB: 11/28/1967 Age: 42 GENDER: M SPECIMEN INFORMATIO14 SPECIMEN: NE309465I RZOUISITION: 0017066 1,A.B REF N0: ID: 7784 PHONE: 7179794968 COLLECTED: 12/08/2009 11:43 RECEIVED: 12/08/2009 22:39 RF.20RTED: 12/09/2009 03:24 REPORT ST,,iQS Final ORDERING PHYSICIAN DAVIS, RICHARD L CLIENT INFORMATION 17025002 CUMBERLAND FAMILY PRACTICE 4470 VALLEY ST ENOLA, PA 17025-1443 Teat Name In Range Out of Range Reference Range Lab DRUG ABUSE PANEL 10-50 + ETHANOL AMPHETAMINES (1000 ng/mL SCREEN) BARBITURATES BEN20DIAZEPINES COCAINE METABOLITES MARIJUANA METABOLITES (50 ng/mL SCREEN) METHADONE METHAQUALONE OPIATES PHENCYCLIDINE PROPOXYPRENE ALCOHOL, ETHYL (U) QHC " THESE RESULTS ARE FOR MEDICAL, TREATMENT ONLY • ANALYSIS WAS PERFORMED AS.KpN-FORENSIC TESTING " NEGATIVE NEGATIVE • NEGATIVE ( ?--atl nt NEGATIVE ?- .,ter Sent NEGATIVE _ tiNL _ LOii &,r? NEGATIVE _.-,_.4.-ENL- See P,,ogress Note NEGATIVE ____,RilN.L - S&iaaj^ocri`vO!{ow-l;pppt NEGATIVE -S. end to Ordering ; hysician NEGATIVE NEGATIVE - Did N-.t Crder NEGATIVE THE SUBMITTED URINE SPECIMEN WAS TESTED AT THE LISTED CUTOFFS AND CONFIRMED BY A SECOND INDEPENDENT CHEMICAL METHOD. DRUG CLASS INITIAL TEST LEVEL AMPHETAMINES 1000 ng/mL BARBITURATES 300 ng/mL BENZODIAZ£PINES 300 ng/mL COCAINE METABOLITES 300 ng/mL MARIJUANA METABOLITES 50 ng/mL METHADONE 300 ng/mL METHAQUALONE 300 ng/mL OPIATES 300 ng/mL PHENCYCLIDINE 25 ng/mL PROPOXYPHENE 300 ng/mL ETHANOL .02 g/dL Pe:rfo wing Laboratory Information: QHn Quest Diagnostic:-HorSham 900 BUeinosa Center Dr Horsham PA 19044 Laboratory Director; Herman Hurwitz DOLBIN,DAVID E - NE3094651 Page 1 - End of Report 1 /1 Printed by CareW AUWReceNe on 12JO9l09 at 07:59am. / ' ?' ?" ?G J ? ?H I S??I1???S ?d hId 8Z ?? QOM 60-9l-O?Q Z d 8850?LGlL 'ON M A a 1_,.1 *-.-1 1 / f i 1 V IL-" 1 \..! "-I , X-IL \N.-/ 111 1??o Dstening, caring, leading. December 66,2609 To Whom it May Concern: RE: David E. Dolbin DOB: 1112811967 vwawa v?.axuaxu a NaxxR ar i LRaV ?L{.V 4470 VaUcy Flc 4d Raoh, PA 17025 Phone: (717) 73P,W3 Fax (717) 732-1()l() www:ltc sit Rgciz'x:dgsFi.cc•uTa Please be advised that I have been treating David for mild generalized anxiety disorder/panic attacks for several years. He is currently taking Paxil 10 mg every other day, which is a very low dose. It is working very well for him and he has not had any anxiety attacks in the past several years. He first started treatment for this in August 2000 and he is currently still taking the medication. Again, he has been symptom free for the past several years. If i can provide further information, feel free to contact me. Sincerely Richard L. Davis, M.D. RLD/cts/parldir/0181 DT: 12/10/09 EkN 1'? {oamh%i B. Tocks, M.D. ` Rulucd L. Davis, NiD. - Lisa M. Dawia, M.D. • Mack S. GActam, C.R.N.P. • RebekAL M. S(epp, C.R.NT. E 'd 129SOELLIL 'ON Xbd SKIAHS )d Wd 6S:Z NOW 60-t1-DHQ PinnaeleHealth Psychological Associates 205 S. Front Street, 5`" Floor PO Box 8700 Harrisburg, PA 17105-8700 TREATMENT SUMMARY Name: Bailey Dolbin DOB: 2/05/2004 Dates of Service: 9/30/2009 through 11/18/2009 Reason for Initial Referral: Bailey was referred to our office for an assessment by his mother, Mindy Dolbin, due to a reported increase in Bailey's temper tantrums and crying spells prior to Bailey leaving his mother's home to visit with his father. As these were new behaviors for Bailey, Mindy wanted Bailey to participate in counseling sessions to identify the reasons for this increase in negative behavior and to help Bailey learn to express his feelings more appropriately. Diagnosis at time of Intake Assessment: Adjustment Disorder with Anxiety Summary of progress: Bailey attended five sessions in total including one intake assessment, two therapy sessions including Bailey and his mother and two therapy sessions including Bailey and both his parents. During these sessions, Bailey was asked to identify and discuss triggers to feelings such as happy, sad, worried and angry. Bailey was taught coping skills to use in managing feelings of anxiety. The sessions involving Bailey's parents were used to assist both parents in establishing routine and structure within the home setting in order to provide Bailey with a safe and nurturing environment. These parenting sessions also focused on assisting both parents in identifying how their interactions impacted Bailey and to review appropriate communication skills for them to use in their interactions with Bailey and one another. As of 11/20/2009, both of Bailey's parents were reporting that Bailey no longer exhibited the temper tantrums or crying spells he initially presented with. Both parents felt Bailey was doing well and they chose to not schedule any additional therapy sessions. At this time, Bailey's case remains open and he can be scheduled for additional sessions if a need arises in the future. J wbd ? COLCU-CA ?&Gd ? tAZ?W, L-C?? Julie L. Cadenhead, MS W, LCS W Psychotherapist F-x N `e,a G1, Z 'd I88S08LLIL 'OIL kdd Date SDIAHS Od Wd ZO:Z NOW 60-?I-OHQ VERIFICATION I, the undersigned, do hereby verify that I am the plaintiff in this action and that the facts set forth in this answer are true and correct to the best of my information knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.GS. Section 4904, relating to unswom falsification to authorities. I 1 T , 2009 ! l' David E. Dolbin STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DAVID E. DOLBIN, Plaintiff V. MINDY S. DOLBIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-6743 CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Plaintiff, do hereby certify that I have served a copy of the foregoing Answer to Motion to Require Plaintiff to Participate in Custody Evaluation and Share the Costs Thereof upon the following individual by postage prepaid mail, addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Respectfully submitted, Stacy B /)Wolf, Esquire Atto for Plaintiff Date: December ? 2009 Inn Gr.C ? $ ?? ? ? [1 } ;y DAVID E. DOLBIN, IN THE COURT OF. COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MINDY S. DOLBIN, Defendant NO. 05-6743 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of December, 2009, the Defendant's Motion To Require Plaintiff To Participate in Custody Evaluation and Share the Costs Thereof is DENIED without prejudice. We will revisit the Motion after hearing the evidence at the previously scheduled hearing on January 15, 2010, at 1:00 p.m. Edward E. Guido, J. tacy B. Wolf, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Plaintiff /th O. Brenneman, Esq. 44 W. Main Street Mechanicsburg, PA 17055 Attorney for Defendant :rc ti IfKI(a F1LE , i" C'e"r- ar Tip" R ~; ) ! A V 2010 JAIN - STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 OF THE 2010JAld -g AM t1: 00 (717) 2414436 ATTORNEY FOR PLAINTIFF }!f? Ct ?'IV'J?i ? DAVID E. DOLBIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MINDY S. DOLBIN, : NO. 2005-6743 Defendant CUSTODY STIPULATION The parties shall have shared legal custody of their minor child, Bailey Eric Dolbin (born December 5, 2004, age 5). 2. Mother shall have primary physical custody of the child. Father shall have partial physical custody of the child in accordance with the following schedule: A. Father shall have custody of the child on alternating weekends, from Friday, when Father shall pick up the child at daycare at 4:15 p.m. (after work) through Monday morning, when Father shall return the child to daycare at 7:30 a.m. or, if Mother is not working, to Mother's residence at 7:30 a.m. B. During weeks following Mother's weekend periods of custody, Father shall also have custody of the child from Tuesday, when Father shall pick up the child from daycare at 4:15 p.m. (after work) through Wednesday morning at 7:30 a.m., when Father shall return the child to daycare or to Mother's residence if Mother is not working. C. During weeks following Father's weekend periods of custody, Father shall have custody of the child from Wednesday when Father shall pick up the child from daycare at 4:15 p.m. (after work) through Friday morning at 7:30 a.m., when Father shall return the child to daycare or to Mother's residence if Mother is not working. 4. Each parent shall be entitled to have custody of the child for 14 additional days each year, upon providing at least 60 days advance notice to the other parent. Neither parent shall schedule a period of custody under this provision to exceed seven consecutive days. Neither party shall schedule periods of custody under this provision during the other party's scheduled holiday periods of custody unless otherwise agreed between the parties. The specific times for exchanges of custody under this provision shall be arranged by agreement between the parties. 5. The parties shall share or alternate having custody of the child on holidays in accordance with the following schedule: A. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A, which shall run from Wednesday after work through Saturday at noon, and Segment B, which shall run from Saturday at noon through Monday when the parent with custody shall transport the child to daycare. In even numbered years, Mother shall have custody of the child during Segment A and Father shall have custody during Segment B. In odd numbered years, Father shall have custody of the child during Segment A and Mother shall have custody during Segment B. B. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve through December 26, and Segment B, which shall run from December 26 through December 28. The exchange times on workdays shall be 4:15 p.m. or after work, and the exchange times for days when the parties are not working shall be noon or as otherwise agreed. In even numbered years, Father shall have custody of the child during Segment A and Mother shall have custody during Segment B. In odd numbered years, Mother shall have custody of the child during Segment A and Father shall have custody during Segment B. C. Easter: The Easter holiday shall be divided into Segment A, which shall run from Friday after work (or in the morning if there is no work) through Saturday at 8:00 p.m., and Segment B, which shall run from Saturday at 8:00 p.m. through Monday when the parent with custody shall transport the child to daycare. In even numbered years, Mother shall have custody of the child during Segment A and Father shall have custody during Segment B. In odd numbered years, Father shall have custody of the child during Segment A and Mother shall have custody during Segment B. D. Memorial Day: The Memorial Day weekend holiday shall run from Friday after work through Monday at 8:00 p.m. Mother shall have custody of the child for the holiday in even numbered years and Father shall have custody in odd numbered years. E. Independence Day: The Independence Day holiday shall run from July 3 through July 5, with the exchange times on workdays to be after work and on days when the parties are not working the exchange time shall be 12:00 noon or as otherwise agreed. Father shall have custody of the child for the holiday in even numbered years and Mother shall have custody in odd numbered years. F. Labor DU: The Labor Day holiday weekend shall run from Friday after work through Monday at 8:00 p.m. Mother shall have custody of the child for the holiday in even numbered years and Father shall have custody in odd numbered years. G. Mother's Day/Father's Day: In every year, Mother shall have custody of the child for Mother's Day and Father shall have custody for Father's Day from 9:00 a.m. until 8:00 p.m. H. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. 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. 7. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 8. 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. 9. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. 10. The parties desire that this agreement be made an Order of Court. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. 141 David E. Dolbm Mindy S. lbin 3 JAN 1 12010 DAVID E. DOLBIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MINDY S. DOLBIN, : NO. 2005-6743 Defendant CUSTODY j ORDER OF COURT - i AND NOW, this l o day of g?, 2010 upon presentation and consideration of the attached Stipulation and Agreement, it is hereby ordered and decreed as follows: A. The parties shall have shared legal custody of their minor child, Bailey Eric Dolbin (born December 5, 2004, age 5). B. Mother shall have primary physical custody of the child. C. Father shall have partial physical custody of the child in accordance with the following schedule: i. Father shall have custody of the child on alternating weekends, from Friday, when Father shall pick up the child at daycare at 4:15 p.m. (after work) through Monday morning, when Father shall return the child to daycare at 7:30 a.m. or, if Mother is not working, to Mother's residence at 7:30 a.m. ii. During weeks following Mother's weekend periods of custody, Father shall also have custody of the child from Tuesday, when Father shall pick up the child from daycare at 4:15 p.m. (after work) through Wednesday morning at 7:30 a.m., when Father shall return the child to daycare or to Mother's residence if Mother is not working. iii. During weeks following Father's weekend periods of custody, Father shall have custody of the child from Wednesday when Father shall pick up the child from daycare at 4:15 p.m. (after work) through Friday morning at 7:30 a.m., when Father shall return the child to daycare or to Mother's residence if Mother is not working. D. Each parent shall be entitled to have custody of the child for 14 additional days each year, upon providing at least 60 days advance notice to the other parent. Neither parent shall schedule a period of custody under this provision to exceed seven consecutive days. Neither party shall schedule periods of custody under this provision during the other party's scheduled holiday periods of custody unless otherwise agreed between the parties. The specific times for exchanges of custody under this provision shall be arranged by agreement between the parties. E. The parties shall share or alternate having custody of the child on holidays In accordance with the following schedule: i. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A, which shall run from Wednesday after work through Saturday at noon, and Segment B, which shall run from Saturday at noon through Monday when the parent with custody shall transport the child to daycare. In even numbered years, Mother shall have custody of the child during Segment A and Father shall have custody during Segment B. In odd numbered years, Father shall have custody of the child during Segment A and Mother shall have custody during Segment B. ii. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve through December 26, and Segment B, which shall run from December 26 through December 28. The exchange times on workdays shall be 4:15 p.m. or after work, and the exchange times for days when the parties are not working shall be noon or as otherwise agreed. In even numbered years, Father shall have custody of the child during Segment A and Mother shall have custody during Segment B. In odd numbered years, Mother shall have custody of the child during Segment A and Father shall have custody during Segment B. iii. Easter: The Easter holiday shall be divided into Segment A, which shall run from Friday after work (or in the morning if there is no work) through Saturday at 8:00 p.m., and Segment B, which shall run from Saturday at 8:00 p.m. through Monday when the parent with custody shall transport the child to daycare. In even numbered years, Mother shall have custody of the child during Segment A and Father shall have custody during Segment B. In odd numbered years, Father shall have custody of the child during Segment A and Mother shall have custody during Segment B. iv. Memorial Day: The Memorial Day weekend holiday shall run from Friday after work through Monday at 8:00 p.m. Mother shall have custody of the child for the holiday in even numbered years and Father shall have custody in odd numbered years. v. Independence Day: The Independence Day holiday shall run from July 3 through July 5, with the exchange times on workdays to be after work and on days when the parties are not working the exchange time shall be 12:00 noon or as otherwise agreed. Father shall have custody of the child for the holiday in even numbered years and Mother shall have custody in odd numbered years. vi. Labor Day: The Labor Day holiday weekend shall run from Friday after work through Monday at 8:00 p.m. Mother shall have custody of the child for the holiday in even numbered years and Father shall have custody in odd numbered years. vii. Mother's Day/Father's Day: In every year, Mother shall have custody of the child for Mother's Day and Father shall have custody for Father's Day from 9:00 a.m. until 8:00 p.m. viii. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. F. 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. G. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. H. 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. I. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. stribution: Stacy B. Wolf, Esquire For Plaintiff Keith O. Brenneman, Esquire For Defendant t FMS' rrmt LL ..gym Honorable Edward E. Guido