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HomeMy WebLinkAbout06-1260MICHELLE E. DICK, Plaintiff VS. JASON L. DICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No 0"l-l" Civil Term CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Michelle E. Dick who currently resides at 20 Rays Drive, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is Jason L. Dick who currently resides at 331 Lewis Road, Annville, Lebanon County, Pa. 17003. 3. Plaintiff is the mother of the following children and seeks custody of the following children: NAME DOB/AGE ADDRESS Cody A. Dick 3/28/94 (11) 20 Rays Dr. Newville, Pa. 17241. Caleb L. Dick 3/14/00(5) 20 Rays Dr. Newville, Pa. 17241. Mother and Father married on: May 20, 1994. Mother currently has primary physical custody of the children. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESSES DATES Michelle and Jason Dick Michelle Dick 20 Rays Drive Newville, Pa. 17241. 20 Rays Drive Newville, Pa. 17241. 2001 -August 2005 August 2005 - present. The mother of the children is Michelle Dick and she currently resides at 20 Rays Drive, Newville, Pa. 17241. She is married to Jason Dick. 17003. The father the children is Jason Dick currently resides at 331 Lewis Road, Annville, Pa. He is married to Michelle Dick. 4. The relationship of plaintiff to the children is that of Mother. The persons that the Plaintiff currently resides with are: the children. 5. The relationship of defendant to the children is that of Father. The persons that the Defendant currently resides with are: his girlfriend, two other adults, and three other children. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the children or anyone who claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: The parties separated on August 26, 2005 Since that time mother has maintained primary custody Mother has been the primary caretaker of the children and she feels that it is in the best interest of the children to enter a custody order which would confirm the current arrangement. The parties have come to a basic agreement as to custody. Mother would like the agreement entered as an Order of Court as well as other provisions regarding the safety and health of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the children. Date: Respectfully i aL JPu Apams, Esquire I.D. N . 79465 64 S uth Pitt Street Cedlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: ? 6 /? Michelle E. Dick, Plaintiff ?? J ,?\ ,J ti ? S. h ?? ?? ?. U'?, ?J `? R -•. S^ C,? ,. ?: .? ?: t. MICHELLE E. DICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-1260 CIVIL ACTION LAW JASON L. DICK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, March 10, 2006 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at t Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 11, 2006 at 9:30 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 ape 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/ facgueline M. Verne: 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 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 - ki?l -N /1, " C MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 06 - 1260 Civil Term JASON L. DICK, :CUSTODY Defendant AFFIDAVIT OF SERVICE AND NOW, this March 15, 2006, I, Jane Adams, Esquire, hereby certify that on March 8, 2006 a certified true copy of the CUSTODY COMPLAINT were served, via certified mail, return receipt requested, addressed to: Jason Dick c/o David and Shirley Harrison 1856 Walnut Bottom Rd. Newville, Pa. 17241 SENDER: COMPLETE THIS SECTION DEFENDANT ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: JASO!'T DICK c/o DAVID ? 8'Zirl°_y H 1856 ?11NLNTJT B7TTOM '2D NFWVILL17 ?A 1'7241 A. Si nature X ? Agent N 0 Addresses B. Received by (Printed Name) 1 C. Date of Delivery 3 -3-04 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: AZNo 3. Service Type ,J!FLeertified Mall 13 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7004 1350 0003 7288 4738 (transfer /rom service label) PS Form 3811, February 2004 Domestic Return Receipt to2555-oz-Mnsno' J e Adams, Esquire 1. . No. 79465 4 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF . COY';. I ?^,1?-,t t . h MAY 1 7 2006 MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Defendant IN CUSTODY ORDER OF COURT AND NOW, this l v day of 14 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Michelle E. Dick, and the Father, Jason L. Dick, shall have shared legal custody of Cody A. Dick, born March 28, 1994 and Caleb L. Dick, born March 14, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the children. Father shall periods of partial physical custody of the children as follows: A. Every Tuesday from 4:00 p.m. to 7:00 p.m., except for the month of July when Father will be away at National Guards. B. The following weekends: June 2-4, June 9-11, August 11-13, 2006 from Friday at 5:00 p.m. to Sunday at 7:00 p.m. C. The following time periods: June 28-July 3, 2006 from Wednesday at 5:00 p.m. to Monday at 7:00 p.m. and August 23-27, 2006 from Wednesday at 5:00 p.m. to Sunday at 7:00 p.m. D. Beginning September 22, 2006 alternating weekends from Friday at 5:00 p.m. to Sunday at 7:00 p.m. E. Such other times as the parties agree. 4. The parties shall insure that no one will smoke in Cody's presence. 5. Father shall be responsible for all transportation and shall have an appropriate child car restraint seat for Caleb. O 6. Neither party may partake in alcoholic beverages to the point of intoxication or illegal drugs while the children are in their physical custody. 7. Thanksgiving shall be alternated between the parties with Mother having even numbered years and Father having odd numbered years. 8. Father shall always have physical custody of the children on Christmas Eve until 10:00 p.m. 9. New Year's Eve to New Year's Day shall be alternated with Mother having 2006-07 at times agreed by the parties. 10. 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. Another Custody Conciliation Conference is scheduled for September 5, 2006 at 9:30 a.m. J. cc ne Adams, Esquire, Counsel for Mother , Aarcus A. McKnight, III, Esquire, Counsel for Father V "? NGd AlN? -,?:rvfl0 8S :010 81 4VW 90oz A&ION&ALLObd 3H1 d0 MICHELLE E. DICK, Plaintiff V. JASON L. DICK, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-1260 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A. Dick March 28, 1994 Mother Caleb L. Dick March 14, 2000 Mother 2. A Conciliation Conference was held in this matter on May 16, 2006, with the following in attendance: The Mother, Michelle E. Dick, with her counsel, Jane Adams, Esquire, and the Father, Jason L. Dick, with his counsel, Marcus A. McKnight, III, Esquire. The parties agreed to an Order in the form as attached. s- I t. bl. 00L-?LZ' fit Date acq line M. Verney, Esquire Custody Conciliator 'EP 0 6 2006 MICHELLE E. DICK, : IN THE COURT OF COMMON Plaintiff : CUMBERLAND COUNTY, PENNSYLVAN?JA ' V . ; NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Defendant ; IN CUSTODY ORDER OF COURT AND NOW, this I t? day of ?20? , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court mom No. , of the Cumberland County Court House, on the 1jf*_ day of 2006, at / u a p . o'clock, _. M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving parry and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated May 18, 2006 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY COURT, Edward E. uido, J. cc/-4ne Adams, Esquire, counsel for Mother „Marcus A. McKnight, III, Esquire, counsel for Father o` O 3 1 `'? 1I 1 11 ,J MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, : IN CUSTODY Defendant PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A. Dick March 28, 1994 Mother Caleb L. Dick March 14, 2000 Mother 2. A Conciliation Conference was held September 5, 2006 with the following individuals in attendance: The Mother, Michelle E. Dick, with her counsel, Jane Adams, Esquire, and the Father, Jason L. Dick, with his counsel, Marcus A. McKnight, III, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court on May 18, 2006 providing for shared legal custody, Mother having primary physical custody with Father having generally alternating weekends and every Tuesday. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody, continuing the current Order. Mother asserts that Father only wants shared physical custody to reduce his child support. Mother maintains that Father has moved twice and is contemplating yet another move. He currently does not have a bedroom for the children; they are sleeping on the floor or couch. Mother claims the children report that Father, despite the prior Court Order, drinks while the children are in his custody, citing a recent occasion where he drank beer in the truck while the boys were present. Mother further asserts that Father does not spend the time he has with the boys now and he does not take care of their medical needs while they are in his custody. ./ 5. Father's position on custody is as follows: Father seeks shared legal custody and shared physical custody. Father admits he does not have a bedroom for the children, but anticipates moving to Carlisle to a larger residence that would accommodate the children. Father would agree to transport the children to Big Springs School where Mother lives. Father maintains that he is a caring, loving Father. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order. It is expected that the Hearing will require one-half day. q-& Date acq line M. Verney, Esquire Custody Conciliator % i MICHELLE E. DICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 06 - 1260 Civil Term JASON L. DICK, :CUSTODY Defendant k MOTION FOR CONTINUANCE AND NOW comes the Plaintiff/Petitioner, Michelle E. Dick, by and through her attorney, Jane Adams, and respectfully represents the following: 1. Pl?Lintiff/Petitioner is Michelle E. Dick, (hereinafter referred to as "Mother"). 2. Defendant/Respondent is Jason L. Dick, (hereinafter referred to as "Father"); he is represented by Marcus McKnight, Esquire. 3. The parties are the natural parents of two children, namely: Cody Allen Dick date of birth, March 28, 1994, (12 years); Caleb Lee Dick, date of birth, March 14, 2000, (6 years). 4. A custody conciliation was held on September 5, 2006, before Attorney Jacqueline Verney. As a result of that conciliation and subsequent Order and report, a half-day custody hearing before this Honorable Court was scheduled for October 19, 2006. 5. The parties and their counsel recently met. As a result of this meeting, the parties discussed an custody agreement but were unable to reach a final agreement. 6. Counsel for both parties believe that a custody agreement could be reached with the assistance ofa conciliation hearing. 7. No prior continuances have been requested in this matter. R WHEREFORE, Plaintiff/Petitioner Michelle E. Dick, respectfully requests this Honorable Court to grant her requested continuance and direct this matter to conciliation. Respectfully submitted, Date: J e dams, Esquire D. 0.79465 64 South Hanover St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF/PETITIONER MICHELLE E. DICK CERTIFICATE OF SERVICE AND NOW, this October 11, 2006, I, Jane Adams, Attorney for Plaintiff/Petitioner Michelle E. Dick, hereby certify that a copy of Mother's MOTION FOR CONTINUANCE has been duly served upon the Father's Counsel by placing such in the custody of the United States Postal Service, via certified mail, postage pre-paid addressed to: Marcus McKnight, Esquire 60 West Pomfret St. Carlisle, Pa. 17013 ATTORNEY FOR FATHER J e Adams, Esquire No. 79465 6 South Hanover St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MICHELLE E. DICK -T7 ?° f r t , MICHELLE E. DICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 1260 Civil Term JASON L. DICK, :CUSTODY Defendant OCT 12 zoos ORDER OF COURT AND NOW, this /V* day of 2006, it is hereby ORDERED and DECREED: 1. The hearing previously scheduled for October 19, 2006 is hereby continued generally. R 2. This matter shall be referred to the conciliator, who shall schedule a conciliation at the earliest possible date. 3. Pending further Order of Court, or mutual agreement of the parties, the prior Order of September 11, 2006 shall remain in effect. J. cc: ',Jfinne Adams, Esquire ,Aarcus McKnight, Esquire t y ?o <<< Irv, MICHELLE E. DICK, Plaintiff/Respondent V. JASON L. DICK, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006-1260 - CIVIL TERM IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW comes the Defendant/Petitioner, Jason L. Dick, by his attorneys, Irwin & McKnight, and presents the following Petition to Modify Custody. 1. The Petitioner is Jason L. Dick, an adult individual residing at 770 Conodoguinut Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Michelle E. Dick, an adult individual residing at 20 Rays Drive, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of two (2) minor children, namely Cody A. Dick, born March 28, 1994 and Caleb L. Dick, born March 14, 2000. 4. The parties are currently governed by a custody Order of Court dated October 16, 2006, a copy of which is attached hereto and marked as Exhibit "A". 5. The Respondent has refused to deliver the children to the Petitioner as required by the Order of Court. The Respondent is encouraging the children not to comply with the Court Order. 6. The Petitioner desires that primary physical custody of said children be awarded to the Petitioner, with joint legal custody and periods of temporary custody to Respondent as the parties agree. 7. The best interests and permanent welfare of the minor children requires that the Court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner, Jason L. Dick, respectfully requests that he be granted physical custody and shared legal custody of Cody A. Dick and Caleb L. Dick, as provided. Respectfully submitted, By: IRWIN & McKNIG Marcus (A. McKni t, II, Esquire Attorney for Plaintiff- 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: November 7, 2006 EXHIBIT "A" ACT 1 2 2006K MICHELLE E. DICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 1260 Civil Term JASON L. DICK, :CUSTODY Defendant OCT 17 2006 ORDER OF COURT I WIN Mc NIGHT AND NOW, this fV day of Q , 2006, it is hereby and DECREED: 1. The hearing previously scheduled for October 19. 2006 is hereby continued generally. t 2. This matter shall be referred to the conciliator, who shall schedule a conciliation at the earliest possible date. 3. Pending further Order of Court, or mutual agreement of the parties, the prior Order of September 11, 2006 shall remain in effect. J. -- cc: Jane Adams, Esquire Marcus McKnight, Esquire y hand S E P 0 6 2006 MICHELLE E. DICK, : IN THE COURT OF COMMON Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Defendant : IN CUSTODY SEP 12 2006 ORDER OF COURT WAIN MCKNIGHT AND NOW, this l I e` day of , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 13 , of the Cumberland 1. A Hearing is sched led in Court nom N County Court House, on the ?W day of 04;V1 2006, at f .0 • p" o'clock, . M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary, of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated May 18, 2006 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY IRV-COURT-, Edward E. Guido, cc: Jane Adams, Esquire, counsel for Mother Marcus A. McKnight, III, Esquire, counsel for Father J. TRUE Cn PY FRI)M RECORD In TAstimony v.1h r nf, 1 h`-? to set my hafd A"A.1 D. MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, : IN CUSTODY Defendant PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A. Dick March 28, 1994 Mother Caleb L. Dick March 14, 2000 Mother 2. A Conciliation Conference was held September 5, 2006 with the following individuals in attendance: The Mother, Michelle E. Dick, with her counsel, Jane Adams, Esquire, and the Father, Jason L. Dick, with his counsel, Marcus A. McKnight, III, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court on May 18, 2006 providing for shared legal custody, Mother having primary physical custody with Father having generally alternating weekends and every Tuesday. 4. Mother's position on custody, is as follows: Mother seeks shared legal and primary physical custody, continuing the current Order. Mother asserts that Father only wants shared physical custody to reduce his child support. Mother maintains that Father has moved twice and is contemplating yet another move. He currently does not have a bedroom for the children; they are sleeping on the floor or couch. Mother claims the children report that Father, despite the prior Court Order, drinks while the children are in his custody, citing a recent occasion where he drank beer in the truck while the boys were present. Mother further asserts that Father does not spend the time he has with the boys now and he does not take care of their medical needs while they are in his custody. 5. Father's position on custody is as follows: Father seeks shared legal custody and shared physical custody. Father admits he does not have a bedroom for the children, but anticipates moving to Carlisle to a larger residence that would accommodate the children. Father would agree to transport the children to Big Springs School where Mother lives. Father maintains that he is a caring, loving Father. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order. It is expected that the Hearing will require one-half day. q- & `06 Date acq line M. Verney, Esquire Custody Conciliator MAY 7 Z006 MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTI', PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICE, Defendant 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 Mother. Michelle E. Dick. and the Father. Jason L. Dick. shall have shared le,-,al custody of Cody A. Dick. born March 28. 1994 and Caleb L. Dick. born March 14. 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records. the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates,, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the children. 3. Father shall periods of partial physical custody of the children as follows: A. Every Tuesday from 4:00 p.m. to 7:00 p.m., except for the month of July when Father will be away at National Guards. B. The following weekends: June 2-4, June 9-11, August 11-13, 2006 from Friday at 5:00 p.m. to Sunday at 7:00 p.m. C. The following time periods: June 28-Jule 3, 2006 fi•om Wednesday at 5:00 p.m. to Monday at 7:00 p.m. and August 23-27. 2006 from Nednesday at 5:00 p.m. to Sunday at 7:00 p.rn. D. Beginning September 22, 2006 alternating weekends from Friday at 5:00 p.m. to Sunday at 7:00 p.m. E. Such other times as the parties agree. 4. The parties shall insure that no one will smoke in Code's presence. 5. Father- shall be responsible for all transportation and shall have an appropriate child car restraint seat for Caleb. 6. Neither party may partake in alcoholic beverages to the point of intoxication or illegal drugs while the children are in their physical custody. 7. Thanksgiving shall be alternated between the parties with Mother having even numbered years and Father- having odd numbered years. 8. Father shall always have physical custody of the children on Christmas Eve until 10:00 p.m. 9. New Year's Eve to New Year's Day shall be alternated with Mother having 2006-07 at times agreed by the parties. 10. 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. Another Custody Conciliation Conference is scheduled for September 5, 2006 at 9:30 a.m. BY J. cc: Jane Adams, Esquire, Counsel for Mother Marcus A. McKnight, III, Esquire, Counsel for Father TRUE C0FT FROM RECORD in Testinvvy wh,f of, t hje urt,) set my hand OW t Wei of sai Court at f 7 lisle, Pa. Th' ...1. ?. of.. .... MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF I'laintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Defendant : IN CUSTODY PRIOR JUDGE: Nonc CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-9. the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A. Dick March 28, 1994 Mother Caleb L. Dick March 14, 2000 Mother 2. A Conciliation Conference was held in this matter on May 16, 2006, with the following in attendance: The Mother, Michelle E. Dick, with her counsel, Jane Adams, Esquire, and the Father, Jason L. Dick, with his counsel, Marcus A. McKnight, III, Esquire. 3. The parties agreed to an Order in the form as attached. Date A . acq line M. Verney, Esquire Custody Conciliator VERIFICATION The foregoing Petition to Modify Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. d6- / / , ci ASON L. DICK Date: November 7, 2006 yW C> ? - .? _.7 J CY MICHELLE E. DICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON L. DICK DEFENDANT 06-1260 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 14, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 19, 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/ ac ueline M. Verne Es g. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabiiites 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 LIB f :??Q i`.? f? C, 4 ,. I -I -HI 0 -Jrljjl?,-.-q?- ? 71 MICHELLE E. DICK, Plaintiff/Respondent V. JASON L. DICK, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006-1260 - CIVIL TERM : IN CUSTODY PETITION FOR CONTEMPT AND NOW comes the Defendant/Petitioner, Jason L. Dick, by his attorneys, Irwin & McKnight, and presents the following Petition for Contempt. 1. The Petitioner is Jason L. Dick, an adult individual residing at 770 Conodoguinet Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Michelle E. Dick, an adult individual residing at 20 Rays Drive, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of two (2) minor children, namely Cody A. Dick, born March 28, 1994 and Caleb L. Dick, born March 14, 2000. 4. The parties are currently governed by a custody Order of Court dated September 11, 20067 a copy of which is attached hereto and marked as Exhibit "A". 5. The Respondent has refused to deliver Cody A. Dick to the Petitioner as required by the Order of Court. The Respondent is encouraging the child not to comply with the Court Order or letting the child decide on his own whether to have visitation with his father. 6. WHEREFORE, Defendant/Petitioner, Jason L. Dick, respectfully requests that a hearing be scheduled and the PlaintifflRespondent be found in contempt of the Order of Court dated September 11, 2006. The Defendant/Petitioner respectfully requests his Honorable Court to grant: a. Primary custody of said minor children to the Petitioner; b. Reasonable legal fees to paid by the Respondent; and/or c. Additional time to make up for the time Petitioner has lost to to date with his son, Cody A. Dick. Respectfully submitted, IRWIN & McKNIGHT By: ? C-' Marcu tA. fight, , Esquire Attorne r Plaintiff 60 Wes mfret Street Carlisl, sylvania 17013-3 22 (717) 249-23 Supreme Court I. D. No. 25476 Date: November 28, 2006 EXHIBIT "A" e .z. -1 v S E P 0 6 2006 MICHELLE E. DICK, : IN THE COURT OF COMMON 19 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Scrip Defendant : IN CUSTODY R la SEP 12 2006 ORDER OF COURT " , M:C.K NIGHT AND NOW, this 1144" day of , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is schedpled in Court J,oom No. , of the Cumberland County Court House, on the - day of 0 , 2006, at 1-10 Co. 01 o'clock, . M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing. and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated May 18, 2006 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY "COURT; Edward E. Guido, J. cc: Jane Adams, Esquire, counsel for Mother Marcus A. McKnight, III, Esquire, counsel for Father TRUE C"IRY FPf)M In TAstimony vl fi c and'the seal a 4ji at RECORD itc set my hand rlislei Pa. MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, : IN CUSTODY Defendant . PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY'OF Cody A. Dick March 28, 1994 Mother Caleb L. Dick March 14, 2000 Mother 2. A Conciliation Conference was held September 5, 2006 with the following individuals in attendance: The Mother, Michelle E. Dick, with her counsel, Jane Adams, Esquire, and the Father, Jason L. Dick, with his counsel, Marcus A. McKnight, III, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court on . May 18, 2006 providing for shared legal custody, Mother having primary physical custody with Father having generally alternating weekends and every Tuesday. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody, continuing the current Order. Mother asserts that Father only wants shared physical custody to reduce his child support. Mother maintains that Father has moved twice and is contemplating yet another move. He currently does not have a bedroom for the children; they are sleeping on the floor or couch. Mother claims the children report that Father, despite the prior Court Order, drinks while the children are in his custody, citing a recent occasion where he drank beer in the truck while the boys were present. Mother further asserts that Father does not spend the time he has with the boys now and he does not take care of their medical needs while they are in his custody. 5. Father's position on. custody is as follows: Father seeks shared legal custody and shared physical custody. Father admits he does not have a bedroom for the children, but anticipates moving to Carlisle to a larger residence that would accommodate the children. Father would agree to transport the children to Big Springs School where Mother lives. Father maintains that lie is a caring, loving Father. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order. It is expected that the Hearing will require one-half day. Date acq line M. Verney, Esquire Custody Conciliator i MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Defendant IN CUSTODY OIZDER 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 Mother. Michelle E. Dick. and the Father. Jason L. Dick. shall have shared legal custody of Cody A. Dick. born March 28. 1994 and Caleb L. Dick. born March 14, 2000. Each parent shall have an equal right. to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records. the residence address of the children and the other parent. To the extent one parent has possession of any such records or information,'that parent shall be required to share.-the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authorit}, and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or' report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. ?. Mother shall have primary physical custody of the children. 3. Father shall periods of partial physical custody of the children as follows: A. Every Tuesday from 4:00 p.m. to 7:00 p.m., except for the month of July when Father will be away at National Guards. B. The following weekends: June 2-4, June 9-11, August 11-13, 2006 from Friday at 5:00 p.m. to Sunday at 7:00 p.m. C. The following, time periods: June 28-.luly 3, 2006 from Wednesday at 5:00 p.m. to Monday at 7:00 p.m. and August 23-27. 2006 from Wednesday at 5:00 p.m. to Sunday at 7:00 p.m. D. Beginning. September 22, 2006 alternating weekends from Friday at 5:00 p.m. to Sunday at 7:00 p.m. E. Such other times as the parties agree. 4. Tlie parties shall insure that no one will smoke in Cody's presence. 5. Father shall be responsible for all transportation and shall have an appropriate child car restraint seat for Caleb. 6. Neither party may partake in alcoholic beverages to the point of intoxication or illegal drugs while the children are in their physical custody. 7. Thanksgiving. shall be alternated between the parties with Mother having even numbered years and rather having odd numbered years. K. Father shall always have physical custody of the children on Christmas Eve until 10:00 p.m. 9. New Year's Eve to New Year's Day shall be alternated with Mother having 2006-07 at times agreed by the parties. 10. 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. Another Custody Conciliation Conference is scheduled for September 5, 2006 at 9:30 a.m. BY J. cc: Jane Adams, Esquire, Counsel for Mother Marcus A. McKnight, III, Esquire, Counsel for Father TRUE C I T FRO 4 RECORD In Testimony wh':rcof, t h re ur+a set my fiend and t seal of sa; Court at lisle, Pa. of......... A Th' 1.. ._ ... MICHELLE E. DICK, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1260 CIVIL ACTION - LAW IN CUSTODY JASON L. DICK, Defendant PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE, 1915.3-9. the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this liti(,ation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A. Dick March 28, 1994 Mother Caleb L. Dick March 14, 2000 Mother 2. A Conciliation Conference was held in this matter on May 16, 2006, with. the following in attendance: The Mother, Michelle E. Dick, with her counsel, Jane Adams, Esquire, and the Father, Jason L. Dick, with his counsel. Marcus A. McKnight, III, Esquire. 3 The parties agreed to an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator VERIFICATION The foregoing Petition for Contempt is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ASON L. DICK Date: November 28, 2006 MICHELLE E. DICK, Plaintiff/Respondent V. JASON L. DICK, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 2006-1260 - CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: JANE ADAMS, ESQUIRE 64 SOUTH PITT STREET CARLISLE, PA 17013 IRWIN & McKNIGHT It By: A. McKnight, I( Es 0 West Pomfret Street Carlisle, PA 17013 717) 249-2353 Saweme Court I.D. No. 25 6 Date: November 28, 2006 ?l C. r?.a e? 2 m33 ?_ co Y i'V C?f7"? r-„ MICHELLE E. DICK PLAINTIFF V. JASON L. DICK DEFENDANT IN THE COURT CUMBERLAND 06-1260 CIVIL, IN CUSTODY ORDER OF COURT COMMON PLEAS OF , PENNSYLVANIA ION LAW AND NOW, Thursday, November 30, 2006 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, Decemb r 28, 2006 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will b made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard b 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 existin Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours pri r to scheduled hearing. FOR THE COURT. By: /s/ aequeline M. Verr Custody Concili The Court of Common Pleas of Cumberland County is require 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 ATTORNE` HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TE: FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HE Cumberland County Bar Associ 32 South Bedford Street Carlisle, Pennsylvania 1701: Telephone (717) 249-316E AT ONCE. IF YOU DO NOT EPHONE THE OFFICE SET ?ri J"V f-P --7 * ?ox DEC 2 0 2006g,ry? I? MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this OP day of , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearin is sc ed led in Co porn No. of the Cumberland g Au?L% County CoAul House, on the day of r , 2007, at o'clock, M., at which time testimony will be take For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated May 18, 2006 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY Edward E. Guido, cc?J'aane Adams, Esquire, counsel for Mother ,Karcus A. McKnight, III, Esquire, counsel for Father J. L 0 *01 IVIV Z 0-70 gooz r -r In DEC 2 0 200 MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, : IN CUSTODY Defendant PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A. Dick March 28, 1994 Mother Caleb L. Dick March 14, 2000 Mother 2. A Conciliation Conference was held December 19, 2006 with the following individuals in attendance: The Mother, Michelle E. Dick, with her counsel, Jane Adams, Esquire, and the Father, Jason L. Dick, with his counsel, Marcus A. McKnight, III, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court on May 18, 2006 providing for shared legal custody, Mother having primary physical custody with Father having generally alternating weekends and every Tuesday. Father filed a Contempt Petition and a Modification Petition. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody, continuing the current Order. Mother asserts that Father only wants shared physical custody to reduce his child support. Mother maintains that the older child does not want to visit with Father because he does not feel Father treats him nicely. Father refused to attend counseling with the child. She further asserts that Father insists that the children not go to extracurricular activities or do homework while in his custody. Father currently does not have a bedroom for the children; they are sleeping on the floor or couch. Mother further asserts that Father does not spend the time he has with the boys now but elects to work weekends that he has the children. 5. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody, although he is willing to accept every Tuesday overnight, one-half of the Christmas vacation and week on/week off in the summer. Father maintains that Mother is in contempt of the prior Order in that the older child has missed three weekends and 5 single days of custody with Father recently; not until the contempt petition was filed did the older child resume visits. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order. It is expected that the Hearing will require one-half day. Date cqu ine M. Verney, Esquire Custody Conciliator MICHELLE E. DICK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON L. DICK : NO. 2006 -1260 CIVIL TERM ORDER OF COURT AND NOW, this 30TH day of JANUARY, 2007, the hearing scheduled for Friday, February 23, 2007, at 9:30 a.m. is RESCHEDULED for FRIDAY, MARCH 2, 2007, at 1:00 p.m. in Courtroom # 3. y the Court, Edward E. Guido, J. .Tine Adams, Esquire .,, arcus McKnight, Esquire :sld J rq i (l i ? j??, 1-- 1 Caa 7:Hi 20 r?. MICHELLE E. DICK, Plaintiff/Respondent V. JASON L. DICK, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006-1260 - CIVIL TERM IN CUSTODY PETITION FOR CONTEMPT AND MODIFICATION OF CUSTODY AND NOW comes the Defendant/Petitioner, Jason L. Dick, by his attorneys, Irwin & McKnight, and presents the following Petition to Modify Custody. 1. The Petitioner is Jason L. Dick, an adult individual residing at 770 Conodoguinut Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Michelle E. Dick, an adult individual residing at 20 Rays Drive, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of two (2) minor children, namely Cody A. Dick, born March 28, 1994 and Caleb L. Dick, born March 14, 2000. 4. The parties are currently governed by a custody Order of Court dated May 18, 2006, a copy of which is attached hereto and marked as Exhibit "A". 5. A hearing was held on Friday, March 2, 2007, before Judge Edward E. Guido at which time a settlement was reached. 6. The Respondent has refused to deliver Cody A. Dick to the Petitioner as required by the Order of Court. The Respondent is encouraging the child not to comply with the Court Order and the Petitioner lost the weekend of March 9, 10 and 11, 2007 and the child did not have his scheduled period of custody on Tuesday, March 13, 2007. 7. The Petitioner desires additional time with Cody to make up for the time he did not spend with the Petitioner. 8. The Petitioner believes that both minor children are left alone without proper adult supervision at the Respondent's home. WHEREFORE, Defendant/Petitioner, Jason L. Dick, respectfully requests that he be granted physical custody and shared legal custody of Cody A. Dick and Caleb L.Dick as provided above. Respectfully submitted, IRWIN & WKNIGHT By: Marcu A. N;eKni&t, III, Esquire Attorn for lainti 60 West Po et eet Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: March 15, 2007 EXHIBIT "A" MAY 1 7 2006 MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAVA' JASON L. DICK, Defendant : IN CUSTODY ORDER OF COURT AND NOW. this v day of 2006. upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I . The Mother. Michelle E. Dick, and the Father. Jason L. Dick. shall have shared legal custody of Codv A. Dick. born March '8. 1994 and Caleb L. Dick. born March 14.2000. Each parent shall have an equal right, to he exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records. the residence address of the children and the other parent. To the extent one parent has possession of an}, such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other- parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the children. 3. Father shall periods of partial physical custody of the children as follows: A. Every Tuesday from 4:00 p.m. to 7:00 p.m., except for the month of July when Father will be away at National Guards. B. The following weekends: June 2-4, June 9-11, August 11-13, 2006 from Friday at 5:00 p.m. to Sunday at 7:00 p.m. C. The following time periods: June 28-.Iuly 3, 2006 from Wednesday at 5:00 p.m. to Monday at 7:00 p.m. and August 23-27. 2006 from Wednesday at 5:00 p.m. to Sunday at 7:00 p.m. D. Beginning September 22, 2006 alternating weekends from Friday at 5:00 p.m. to Sunday at 7:00 p.m. E. Such other times as the parties agree. 4. The parties shall insure that no one will smoke in Cody's presence. 5. Father shall be responsible. for all transportation and shall have an appropriate child car restraint seat for Caleb. 6. Neither party may partake in alcoholic beverages to the point of intoxication or illegal drugs while the children are in their physical custody. 7. Tlianksgiving shall be alternated between the parties with Mother having even numbered years and Father having odd numbered years. 8. Father shall always have physical custody of the children oil Christmas Eve until 10:00 p.m. 9. New Year's Eve to New Year's Day shall be alternated with Mother having 2006-07 at times agreed by the parties. 10. 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. Another Custody Conciliation Conference is scheduled for September 5. 2006 at 9:30 a.m. BY J. cc: Jane Adams, Esquire, Counsel for Mother Marcus A. McKnight, III, Esquire, Counsel for Father T1611E COPY FR^;M RECORD In Tectimmy wh,.rcof, 1 unto SO my hand and t seal of sa; Court at lisle, Pa. Thi ...1.... of........ MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMIERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subiect of this liti(,ation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A. Dick March 28, 1994 Mother Caleb L. Dick March 14. 2000 Mother 2. A Conciliation Conference was held in this matter on May 16, 2006. with the following in attendance: The Mother, Michelle E. Dick, with her counsel, Jane Adams, Esquire, and the Father, Jason L. Dick, with his counsel, Marcus A. McKnight, III, Esquire. 3. The parties agreed to an Order in the form as attached. -- ! ? -d ? Date )afc-c: line M. Verney, Esquire Custody Conciliator VERIFICATION The foregoing Petition is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. -0? JASON L. DICK &1- Date: March 15, 2007 ? w \ ? t Qom' ? ? (1`", ? [?! ` MICHELLE E. DICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON L. DICK DEFENDANT 06-1260 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 22, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at_ 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 19, 2007 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 hearing. FOR THE COURT. By: /s/ ac ueline M. Verne 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 infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VINVAIASNN'Od 9C 'Z Wd WZ 8VW LOOZ MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 06 - 1260 Civil Term JASON L. DICK, :CUSTODY Defendant MOTION TO CONSOLIDATE AND SCHEDULE HEARING AND NOW comes the Plaintiff/Petitioner, Michelle E. Dick, by and through her attorney, Jane Adams, and respectfully represents the following: 1. Plaintiff is Michelle E. Dick, (hereinafter referred to as "Mother"). 2. Defendant is Jason L. Dick, (hereinafter referred to as "Father"); he is represented by Marcus McKnight, Esquire. 3. The parties are the natural parents of two children, namely: Cody Allen Dick, date of birth, March 28, 1994; and Caleb Lee Dick, date of birth, March 14, 2000. 4. A custody Order has been in effect since May 18, 2006, whereby Mother has had primary custody of the children. 5. A custody hearing regarding Father's request for primary custody was held on March 2, 2007 before this Honorable Court. 6. During the hearing, the parties reached an oral agreement regarding custody of the two children, which made several modifications to the current Order. Upon agreement, the hearing was continued generally. 7. At the hearing on March 2, 2007, Father indicated that he would agree to participate in counseling with his son, Cody Allen Dick. 8. As of this date, Father has not started counseling with his son. 9. Mother's counsel has yet to receive a proposed written custody stipulation from Father's counsel, but was anticipating receipt of a written custody stipulation. 10. On or about March 23, 2007, Mother's counsel received a notice for conciliation in the above-captioned matter; such conciliation is scheduled with Jacqueline Verney, Esquire on Thursday, April 19, 2007 at 10:30 a.m. (See Exhibit A). 11. Mother's counsel believes that Father filed a Petition for Contempt and/or Modification in this matter. 12. As of today's date, Mother's counsel has not received a certified copy of the Petition for Modification filed by Father's counsel. 13. All prior Orders were signed by Judge Guido and a hearing was held before Judge Guido on March 2, 2007. 14. Since extensive testimony was given at the hearing March 2, 2007, before Judge Guido, Mother believes it would be in the best interest of the children for any additional testimony to be heard promptly by Judge Guido, and not before the conciliator. 15. Father's counsel, Marcus McKnight, is not in agreement with this request. WHEREFORE, Plaintiff, Michelle E. Dick, respectfully requests that this Honorable Court schedule a hearing date in this matter. Respectfully submitted, oat 3 2? 0'1 .e Adams, Esquire . No. 79465 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER MICHELLE E. DICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-1260 CIVIL ACTION LAW JASON L. DICK DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 22, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 19, 2007 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. ° a a? The court hereby directs the parties to furnish any and all existing Protection from se z ciersp Fr, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled heaArMi g. N :ti FOR. THE COURT, ? rv ? m By: /s/ a9 ueline M. Verne Es q. cr, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 g( CERTIFICATE OF SERVICE AND NOW, this March 27, 2007, I, Jane Adams, Attorney for Mother, Michelle E. Dick, hereby certify that a copy of Mother's MOTION has been duly served upon the Father's Counsel by placing such in the custody of the United States Postal Service, via certified mail, postage pre- paid addressed to: Marcus McKnight, Esquire 60 W. Pomfret St. Carlisle, Pa. 17013 ATTORNEY FOR FATHER J Adams, Esquire . . No. 79465 6 South Hanover St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER cap p Fil MAR 882001 MICHELLE E. DICK, Plaintiff vs. JASON L. DICK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 1260 Civil Term :CUSTODY Defendant ORDER OF COURT AND NOW, t is a0.01 day of , 2?0/0?7, i4 try % 40to. et. ?11 t-A R? 1. squire, i __Q2, e74-Ir 7 i)enriin further Qrde-g of rniirt? the rinr OrdCr of AAny 1 R, MF shall main ..?: h.bearing hdd qn March 2,90,02 in this matter 4a h? erg the g a e in er Fi oun o ouse, o +„P n v_of 7,?n,,7., u?horo ill rP*nainin testirrlQny reaarrlina any and all = 4od_ .+ DPtitinnc revarrl n a .* +411d > 44, lnnc !1 ,jPr J. cc: ane Adams, Esquire ,M/arcus McKnight, Esquire Ck - e to kma ., -- 8 ? :Z Wd Z- ddb tool EIRL JO K 11,40-OTY Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclaya;dzmmgla v.coin IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE E. DICK, Plaintiff CIVIL ACTION - LAW V. No. 2006-1260' JASON L. DICK, Defendant (In Custody) PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY- Kindly withdraw our appearance on behalf of Defendant, Jason L. Dick, in the above-captioned matter. DATE: IRWIN & MC IGHT By: - Attorney I.D. No. 25476 60 West Pomfret Street arlisle, PA 17013-3222 (717) 249- TO THE PROTHONOTARY: PRAECIPE TO ENTER APPEARANCE Kindly enter my appearance on behalf of Defendant, Jason L. Dick, in the above-captioned matter. DALEY ZUCKER MEILTON MINER & GINGRICH, LLC DATE: u4 By: r j't'L?- 1? in eayGiifch?6cla', Es e Attorney I. o. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 cc: Jacqueline M. Verney, Esquire, Custody Conciliator, 44 S. Hanover St., Carlisle, PA 17013-3306 Jane Adams, Esquire, Counsel for Plaintiff, 64 S. Pitt St., Carlisle, PA 17013-3220 F "4y $' MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 44" day of , 200; , upon consideration of the attached Custody Conci iation Report, it is ordered and directed as follows: 1. The prior Order of Court dated May 18, 2006 shall remain in full force and effect with the following modifications. 2. During the summer of 2007, Father shall have primary physical custody of Cody, beginning June 1, 2007 with Mother having alternating weekends, from Friday at 5:00 p.m. to Sunday at 6:00 p.m. such that the two siblings shall be together on weekends. Mother shall also have physical custody of Cody from June 22-26 and August 2. 3. During the summer of 2007, Father shall have physical custody of Caleb the following times: June 15-22; June 29-July 6; July 13-20 and August 5-i 4, 4. Transportation shall be shared such that the receiving party shall transport unless otherwise agreed. 5. 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. Another Custody Conciliation Conference is scheduled for August 3, 2007 at 9:30 s;ti.m. Y THE COUR c7indsay Adams, Esquire, Counsel for Mother Gingrich Maclay, Esquire, Counsel for Father, ' I .Z W d ' - NnC LOOT ,WViO CHiOdd 3Hl da 30Ujul-031H 0 MAY Z 9 2007 MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A. Dick March 28, 1994 Mother Caleb L. Dick March 14, 2000 Mother 2. A Conciliation Conference was held in this matter on May 25, 2007, with the following in attendance: The Mother, Michelle E. Dick, with her counsel, Jane Adams, Esquire, and the Father, Jason L. Dick, with his counsel, Lindsay Gingrich Maclay, Esquire. 3. The Honorable Edward E. Guido entered an Order of Court dated May 18, 2006 providing for shared legal custody, Mother having primary physical custody with Father having periods of partial physical custody on alternating weekends and Tuesday evenings. 4. The parties agreed to an Order in the form as attached. 5"-ZS-U7 N?Y Date acq line M. Verney, Esquire Custody Conciliator JUL 312007 MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this p7? day of kwll? , 2007, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. A Hearing is sche led in Court Room No. 3 , of the Oberland County C urt House, on the day of ©c? , 2007, at /• ?' o'clock, M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated June 4, 2007 shall be vacated effective August 26, 2007 at 6:00 p.m. The prior Order of Court dated May 18, 2006 shall be effective August 26, 2007 at 6:00 p.m. The following modification to the May 18, 2006 Order of Court shall take effect immediately. 3. The parties shall cooperate with counseling for both children. 4. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Edward E. Guido, J. vndsay Gingrich Maclay, Esquire, counsel for Father` Y -" ine Adams, Esquire, counsel for Mother w" J VlNVA-LkSNN3d 80 =Zl wd Z- 9nV LOOZ AWiONO .add 3HI ?O DIP-colij JUL 312007 MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, : IN CUSTODY Defendant PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A. Dick March 28, 1994 Mother Caleb L. Dick March 14, 2000 Mother 2. A Conciliation Conference was held July 30, 2007 with the following individuals in attendance: The Father, Jason L. Dick, with his counsel, Lindsay Gingrich Maclay, Esquire and the Mother, Michelle E. Dick, with her counsel, Jane Adams, Esquire. 3. The Honorable Edward E. Guido previously entered Orders of Court on May 18, 2006 and June 4, 2007 providing for shared legal custody, Mother having primary physical custody with Father having generally alternating weekends and every Tuesday, except for the summer Father had primary physical custody of Cody and almost shared physical custody of Caleb. Father filed a Petition for Modification. 4. Father's position on custody is as follows: Father seeks shared legal custody and shared physical custody on a week on/week off basis. Father indicates that he has just moved into the same school district as Mother and asserts that the children have established a stronger bond with him due to the extra custodial time he has had over the summer. 5. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody, reverting to the prior Order of Court, wherein Father had the children on alternating weekends. Mother asserts that Father only wants shared physical ti custody to reduce his child support. Mother maintains that she has been the stable parent, Father has moved 5 times in two years. She further asserts that Father is not involved in the children's education, does not take them to extracurricular activities or do homework while in his custody. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order of Court with modification. It is expected that the Hearing will require one day. ?-31 -07 /Ut, L,&? Date acq line M. Verney, Esquire Custody Conciliator MICHELLE E. DICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2006-1260 Civil Term JASON L. DICK, :CUSTODY Defendant STIPULATION AND CUSTODY AGREEMENT t(",\- This Stipulation and Custody Agreement is made this day of 2007, by and between Michelle E. Clouse, formerly known as Michelle E. Dick, (Hereinafter referred to as "Mother"), of Cumberland County, Pennsylvania, and Jason L. Dick, (Hereinafter referred to as "Father"), of Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of two children, namely, Cody A. Dick, date of birth, March 28, 1994; and Caleb L. Dick, date of birth, March 14, 2000; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their children, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement; and WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing; and WHEREAS, Mother and Father desire to avoid the necessity of the Hearing currently scheduled in this matter on Monday, October 8, 2007 at 1:00 p.m. in front of the Honorable Edward Guido. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their children. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of each child, including educational, medical, and religious decisions. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being, including, but not limited to, all decisions regarding their health, education, and religion. Neither Party shall impair the other Party's rights to shared legal custody of the Children. Neither Party shall attempt to alienate the affections of the Children from the other Party. The custodial parent shall inform the non-custodial parent immediately of all medical, dental appointments and counseling appointments, and problems pertaining to the Children. If the Children are sick, and are unable to attend school or other planned activities, then the parent having custody will notify the other parent as soon as practicably possible. Each shall notify the other party of any medical, dental, optical, counseling and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend, if he or she chooses. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to equal access to all records and information pertaining to the Children, including, but not limited to, the Children's school dental, medical, religious, counseling, and other important records, the residence address of the Children and the other parent. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. To the extent one (1) parent has possession of any such records or information, that parent shall be required to share same, or copies thereof, with the other parent within such reasonable time as to make the records or information of reasonable use to the other parent. The custodial parent shall provide copies of the Children's report cards and other reasonable papers affecting the Children's education, medical condition, or welfare. Notwithstanding that both parents shall share legal custody, non-major decisions involving the children's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Mother shall retain primary physical custody of the children, as that term is defined in the custody act. Father shall have periods of substantial custody with the children as follows: a. Schedule during school. During the school year, every other weekend, from Friday after school through Monday morning, when Father shall ensure that the children get on the school bus or shall transport them to school. Should the children have a school holiday on Monday, immediately following Father's scheduled period of partial custody, then Father's period of custody shall extend until Tuesday morning. Should the children have a school holiday on a Friday immediately preceding Father's scheduled period of custody, then Father's period of partial custody shall begin on Thursday evening after school. b. Wednesday Nights during School Year. During the school year, Father shall have a period of partial custody every Wednesday after school until 6:30 p.m. The parties shall equally divide the transportation associated with this period of custody. c. Summer Schedule. Beginning the first Sunday after school ends, the parties shall share custody of the children on a week on/week off basis, with exchanges to take place every Sunday at 6:30 p.m. Father shall receive the first week long period of custody, with the parties alternating custody of the children weekly thereafter. Transportation shall be equally shared, with the party receiving custody of the children to provide transportation. The Summer schedule shall end on the Sunday which is two weekends before the start of school, when Mother shall receive primary custody of the children and the parties shall observe the schedule under section 2(a) of this agreement. d. Thanksgiving. Thanksgiving shall be alternated between the parties with Mother having even numbered years and Father having odd numbered years. Mother shall always have the children on the first day of deer hunting season. e. Christmas. Father shall always have physical custody of the children on Christmas Eve until 10:00 p.m. Father shall also have physical custody of the children from the day after Christmas until New Years Eve. f. New Years Eve. New Year's Eve to New Year's Day shall be alternated yearly with Father having the children New Year's Eve through New Year's Day 2008. Times will be agreed upon by the parties. g. Mother's Day and Father's Day. Mother shall always have the children on Mother's Day from 9:00 a.m. through 5:00 p.m. and Father shall always have the children on Father's Day from 9:00 a.m. through 5:00 p.m. h. Any other holidays shall divided equally upon agreement of the parties. i. Nothing in this agreement shall prevent the parties from observing different arrangements than as provided herein, upon mutual agreement of the parties. 3. Medications. Should a Child be on any prescription or over-the-counter medications, the prescription medications shall be sent along with the Child for the other party's period of custody. Moreover, should the Child be on any over-the-counter medications, both parties shall be advised of the medication, the frequency with which the medication should be given, and the dosage. 4. Counseling. The parties agree that the children may attend counseling. The parties shall cooperate with the counselor, and shall participate in counseling as recommended by the counselor. The party with physical custody of a child at the time an appointment with the counselor is scheduled, shall provide transportation to and from the counseling appointment. Both parties shall advise the other at least forty-eight hours in advance of any scheduled counseling appointments so that the other party may attend, should they so choose. 5. Miscellaneous. Neither party shall smoke in the presence of the children or permit any other household members to smoke in the presence of the children. Neither party shall partake in alcoholic beverages to the point of intoxication or illegal drugs while the children are in their physical custody. 6. Extracurricular Activities. To the extent possible, each party shall provide the other with at least forty-eight (48) hours advance notice of the school, sporting, or other extracurricular activities. Both parties shall agree to honor and participate in the activities in which the child wishes to engage. During the times that each parent has custody of the Children, they will make certain that the children attend any previously-scheduled extra-curricular activities. The parties are directed to be supportive of the activities in which the Children are involved and will transport the Children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Children are able to participate in those events. Each parent will provide the other parent with copies of schedules regarding any activity in which the Children are enrolled. Neither parent, however, shall commit the Children to any activity unless the Children definitely desire to attend that activity. Participation in activities which take place during the school year is contingent upon the Children maintaining passing grades in school. Neither parent shall commit the Children to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the Children are involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Children to the activity. However, the then-custodial parent shall not be required to take the Children to that activity if the custodial parent and the Children are out of town during that activity, for a previously-schedule vacation. In the event that the custodial parent is unable to deliver the Children to the particular activity, the parent who has custody of the Children at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the Children to the designated activity. The custodial parent shall make certain that the Children are ready for pick-up in time sufficient to enable the Children to timely attend the activity. Should the custodial parent elect not to take the Children to a defined activity period two (2) times, then the non-custodial parent shall have the right to assume that he or she will be responsible for transporting the Children to that activity until appropriate transportation is provided. In the event that either Child is unable to attend school due to illness or school closings, or delays due to weather, etc., it is the responsibility of the parent then having custody to arrange alternate care for that day and notify the non-custodial parent of the Child's illness. 7. Transportation and Exchange. Except as otherwise herein specifically provided, the transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 8. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the children may have for the other parent and neither parent shall, in the presence of the children make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the children's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the children will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the children. 9. Illness of the Children. Emergency decisions regarding children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 10. Welfare of the Children to be Considered. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 11. Bind nt Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 12. Governing Law. This Agreement shall be governed and controlled by the laws of the Commonwealth of Pennsylvania. 13. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of the Court hearing currently scheduled in front of the Honorable Edward Guido on October 8, 2007 at 1:00 p.m. 14. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: ke ams,wire tt St. /)P? (-?? F. U-.a--Q ichelle E. Clouse, Mother Carlisle, Pa. 17013 (717) 245-8508 Attorney for Mother h N@clay, Esq " e say Drive 10 9 Scen Harrisburg, Pa. 17109 (717) 657-4795 Attorney for Father n Dick, Fat Per Transmit report P.1 09/11/2007 13:31 26WE17775 TC:170063 REMOTE STATION START TIME Pages RESULT REMARKS 6574996 09-11 13:30 00:01 221 007/007 OK REMARKS TMR:Timer, POL:Poll, TRN:Turn around, 21N:2inl Tx, ORG:Original size set, DPG:Book Tx FME:Frame erase Tx, MIX:Mixed original, CALL:Manual-Com, KRDS:KRDS, FWD:FORWARD FLP:Flip Side 2. SP:Saecial Original FCODE:Fcode. MBX:Confidential, BUL:Bulletin. RLY:Relay, RTX:Re-Tx, PC:PC-FAX S-OK:StoP communication, Busy:Busy, Cont.:Continue, No ans:No answer M-full:Memory full, PW-OFF:Power switch OFF, TEL:Rx from TEL I -C. AT'T'ORNEY AT E.AW 64 SVX T'H P= STREET CARLI31E, PA. 17013 (717) 245-8308 voice (717) 243-9200 fax fax no. 657-4996 re: Dick v. Dick date: September 11, 2007 pages (including coval* 1 C.o?w. ? ? ? ?? Pty- ?llaJr? V- k\ Ate eAV e, ` to: Lindsay Gingrich Maclay, Require 1 y}? N - 4 • SEP 13 2001 MICHELLE E. DICK, Plaintiff VS. JASON L. DICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 - 1260 Civil Term :CUSTODY ORDER I? AND NOW, this day of , 2007, having reviewed the attached agreement between the parties,' it is hereby ORDERED and DECREED that the stipulation entered by the parties on September 11, 2007 shall be entered as an Order of Court. J. cc: V (indsay Gingrich Maclay, Esquire, for father v Jane Adams, Esquire, ?or mother QI-c6s Mzt _t c - "VAIASWd 1 1 =6 WV 91 d3S LODZ l VIONOHiOdd iii :10 b:Lx)-(MIA WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-1260 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Grandview Surgery & Laser Center Plaintiff (s) From Chris Smith 1262 W. Trindle Road Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell Levy on all personal property, including furniture, appliances, televisions, VCR'S, DVD players, entertainment equipment, jewelry, computers, etc., located at: 1262 W. Trindle Rd., Mechanicsburg, PA 17055. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$593.75 L.L.$.50 Interest AT LEGAL RATE OF 6% FROM 12/19/06 Atty's Comm % Due Prothy $1.00 Atty Paid $36.75 Plaintiff Paid Date: March 8, 2007 (Seal) REQUESTING PARTY: Name Brigid Q. Alford, Esq. Address: 315 N. Front St. P.O. Box 741 Harrisburg, PA 17108-0741 Attorney for: Plaintiff Telephone: (717)236-9377 Supreme Court ID No. 38950 Other Costs Curt R. Lon!,, P ,xotko'n-otay By: Deputy R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken, in six months. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee TOTAL 18.00 1.40 .50 1.00 10.56 20.00 20.00 71.46 /' ?>/iylb 1 q- i L :z CJ 'C. tV4? LQOi Advance Costs: 150.00 Sheriff's Costs 71.46 78.54 Refunded to Atty on 10/25/07 So Answers, R. Thomas Kline, Sh By b u°- Gb qq6 (U,_, ? oe-- 3J MICHELLE E. DICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2006 - 1260 Civil Term JASON L. DICK, :CUSTODY Defendant PETITION TO MODIFY CUSTODY 1. Plaintiff is Michelle E. Dick, currently known as Michelle E. Clouse, formerly known as Michelle E. Dick, who resides at 20 Rays Drive, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is Jason L. Dick who currently resides at: 1860 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff and Defendant are the natural parents of the following children: NAME DOB/AGE ADDRESS'. Cody A. Dick 3/28/94 (14) 20 Rays Dr. Newville, pa. 17241. Caleb L. Dick 3/14/00(8) 20 Rays Dr. Newville, Pa. 17241. 4. The parties were married on May 20, 1994 and were divorced on August 28, 2007. 5. A stipulation and subsequent court Order were entered by this Honorable Court on September 17, 2007; a copy of that stipulation is attached as Exhibit A. 5. Mother currently lives with her boyfriend and the children at 20 Rays Drive, Newville, Pennsylvania, which was the marital home during her marriage to Father. The home is a two- bedroom trailer, which sits on a rented lot. 6. Mother and her boyfriend are purchasing a four-bedroom home, located at 8500 Fort Robinson Road, Ickesburg, Perry County, Pennsylvania, 19037. The settlement on the home is scheduled to occur on or about July 15, 2008. 7. Mother desires to move to the new home in Ickesburg, Perry County, with the children. 8. Mother's motive in requesting the move is that she believes the move will substantially improve not only her life but also the childrens' lives. 9. Mother's new home is located approximately 20 miles away from her current residence and approximately 28 miles away from Father's home. 10. Mother is seeking a modification of the custody order, which provides alternative periods of partial custody for father, taking into account her new residence. 11 Father has not exercised all of his available periods of custody under the September 11, 2007 Order. 12. Mother believes that this move will be in the children' best interest and that adequate alternative partial physical custody can be arranged for Father. WHEREFORE, Plaintiff requests the court to modify the current custody order regarding the children. Respectfully submi Date: V Adams, Esquire No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF MICHELLE E. DICK, Plaintiff VS. .JASON L. DICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 - 1260 Civil Term CUSTODY ORDER AND NOW, this/ 7 day of , 2007, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on September 11, 2007 shall be entered as an Order of Court. cc: Lindsay Gingrich Maclay, Esquire, for father Jane. Adams, Esquire, for mother TRUE COPY FROM RECORD in Testimony wheal, I here unto set my ti,lod Ind the seal of sold at Carlisle, Pa Prothonota MICHELLE E. DICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2006-1260 Civil Term JASON L. DICK, :CUSTODY c Q -n Defendant cn r,mn STIPULATION AND CUSTODY AGREEMENT orn l This Stipulation and Custody Agreement is made this day of aC 2007, by and between Michelle E. Clouse, formerly known as Michelle E. Dick, (Hereinafter referred to as "Mother"), of Cumberland County, Pennsylvania, and Jason L. Dick, (Hereinafter referred to as "Father"), of Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of two children, namely, Cody A. Dick, date of birth, March 28, 1994; and Caleb L. Dick, date of birth, March 14, 2000; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their children, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement; and WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing; and WHEREAS, Mother and Father desire to avoid the necessity of the Hearing currently scheduled in this matter on Monday, October 8, 2007 at 1:00 p.m. in front of the Honorable Edward Guido. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their children. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of each child, including educational, medical, and religious decisions. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being, including, but not limited to, all decisions regarding their health, education, and religion. Neither Party shall impair the other Party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other Party. The custodial parent shall inform the non-custodial parent immediately of all medical, dental appointments and counseling appointments, and problems pertaining to the Children. If the Children are sick, and are unable to attend school or other planned activities, then the parent having custody will notify the other parent as soon as practicably possible. Each shall notify the other party of any medical, dental, optical, counseling and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend, if he or she chooses. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to equal access to all records and information pertaining to the Children, including, but not limited to, the Children's school dental, medical, religious, counseling, and other important records, the residence address of the Children and the other parent. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. To the extent one (1) parent has possession of any such records or information, that parent shall be required to share same, or copies thereof, with the other parent within such reasonable time as to make the records or information of reasonable use to the other parent. The custodial parent shall provide copies of the Children's report cards and other reasonable papers affecting the Children's education, medical condition, or welfare. Notwithstanding that both parents shall share legal custody, non-major decisions involving the children's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Mother shall retain primary physical custody of the children, as that term is defined in the custody act. Father shall have periods of substantial custody with the children as follows: a. Schedule during school. During the school year, every other weekend, from Friday after school through Monday morning, when Father shall ensure that the children get on the school bus or shall transport them to school. Should the children have a school holiday on Monday, immediately following Father's scheduled period of partial custody, then Father's period of custody shall extend until Tuesday morning. Should the children have a school holiday on a Friday immediately preceding Father's scheduled period of custody, then Father's period of partial custody shall begin on Thursday evening after school. b. Wednesday Nights during School Year. During the school year, Father shall have a period of partial custody every Wednesday after school until 6:30 p.m. The parties shall equally divide the transportation associated with this period of custody. c. Summer Schedule. Beginning the first Sunday after school ends, the parties shall share custody of the children on a week on/week off basis, with exchanges to take place every Sunday at 6:30 p.m. Father shall receive the first week long period of custody, with the parties alternating custody of the children weekly thereafter. Transportation shall be equally shared, with the party receiving custody of the children to provide transportation. The Summer schedule shall end on the Sunday which is two weekends before the start of school, when Mother shall receive primary custody of the children and the parties shall observe the schedule under section 2(a) of this agreement. d. Thanksgiving. Thanksgiving shall be alternated between the parties with Mother having even numbered years and Father having odd numbered years. Mother shall always have the children on the first day of deer hunting season. e. Christmas. Father shall always have physical custody of the children on Christmas Eve until 10:00 p.m. Father shall also have physical custody of the children from the day after Christmas until New Years Eve. f. New Years Eve. New Year's Eve to New Year's Day shall be alternated yearly with Father having the children New Year's Eve through New Year's Day 2008. Times will be agreed upon by the parties. g. Mother's Day and Father's Day. Mother shall always have the children on Mother's Day from 9:00 a.m. through 5:00 p.m. and Father shall always have the children on Father's Day from 9:00 a.m. through 5:00 p.m. h. Any other holidays shall divided equally upon agreement of the parties. i. Nothing in this agreement shall prevent the parties from observing different arrangements than as provided herein, upon mutual agreement of the parties. 3. Medications. Should a Child be on any prescription or over-the-counter medications, the prescription medications shall be sent along with the Child for the other party's period of custody. Moreover, should the Child be on any over-the-counter medications, both parties shall be advised of the medication, the frequency with which the medication should be given, and the dosage. 4. Counseling. The parties agree that the children may attend counseling. The parties shall cooperate with the counselor, and shall participate in counseling as recommended by the counselor. The party with physical custody of a child at the time an appointment with the counselor is scheduled, shall provide transportation to and from the counseling appointment. Both parties shall advise the other at least forty-eight hours in advance of any scheduled counseling appointments so that the other party may attend, should they so choose. 5. Miscellaneous. Neither party shall smoke in the presence of the children or permit any other household members to smoke in the presence of the children. Neither party shall partake in alcoholic beverages to the point of intoxication or illegal drugs while the children are in their physical custody. 6. Extracurricular Activities. To the extent possible, each party shall provide the other with at least forty-eight (48) hours advance notice of the school, sporting, or other extracurricular activities. Both parties shall agree to honor and participate in the activities in which the child wishes to engage. During the times that each parent has custody of the Children, they will make certain that the children attend any previously-scheduled extra-curricular activities. The parties are directed to be supportive of the activities in which the Children are involved and will transport the Children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Children are able to participate in those events. Each parent will provide the other parent with copies of schedules regarding any activity in which the Children are enrolled. Neither parent, however, shall commit the Children to any activity unless the Children definitely desire to attend that activity. Participation in activities which take place during the school year is contingent upon the Children maintaining passing grades in school. Neither parent shall commit the Children to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the Children are involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Children to the activity. However, the then-custodial parent shall not be required to take the Children to that activity if the custodial parent and the Children are out of town during that activity, for a previously-schedule vacation. In the event that the custodial parent is unable to deliver the Children to the particular activity, the parent who has custody of the Children at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the Children to the designated activity. The custodial parent shall make certain that the Children are ready for pick-up in time sufficient to enable the Children to timely attend the activity. Should the custodial parent elect not to take the Children to a defined activity period two (2) times, then the non-custodial parent shall have the right to assume that he or she will be responsible for transporting the Children to that activity until appropriate transportation is provided. In the event that either Child is unable to attend school due to illness or school closings, or delays due to weather, etc., it is the responsibility of the parent then having custody to arrange alternate care for that day and notify the non-custodial parent of the Child's illness. 7. Transportation and Exchange. Except as otherwise herein specifically provided, the transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 8. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the children may have for the other parent and neither parent shall, in the presence of the children make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the children's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the children will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the children. 9. Illness of the Children. Emergency decisions regarding children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making, process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 10. Welfare of the Children to be Considered. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 11. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 12. Governing Law. This Agreement shall be governed and controlled by the laws of the Commonwealth of Pennsylvania. 13. Enforcement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of the Court hearing currently scheduled in front of the Honorable Edward Guido on October 8, 2007 at 1:00 p.m. 14. Entire Agreement This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: i ---- e Adams, E quire 4 S. Pitt 8t. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Mother 49say ch clay, Esq e Drive Harrisburg, Pa. 17109 (717) 657-4795 Attorney for Father ??& F, (--del L(?-? ichelle E. Clouse, Mother ion Dick, Fat er VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the.penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. r G Date: 6 l6 0 ? Michelle .Clouse, Petitioner C? D C> r ? -10 ? " J C l ?- jn ) MICHELLE E. DICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON L. DICK DEFENDANT 2006-1260 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, June 20, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, July 21, 2008 at 9:30 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . 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 5,2 1 1, VJ NN t,1 f \?i?'F JUL 2 2 2008 MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Defendant IN CUSTODY ORDER OF COURT AND NOW, this A q day of , 2008, upon consideration of the attached Custody C iliati Report, it is ordered and directed as follows: 1. The prior Order of Court dated September 17, 2007 shall remain in full force and effect except as modified hereinafter. 2. Paragraph 2a of the Order of Court dated September 17, 2007 shall be deleted in its entirety and replaced with the following: Schedule during school: During the school year three weekends out of every four, from Friday at 6:00 p.m. to Sunday at 6:30 p.m. Should the children have a school holiday on Monday, immediately following Father's scheduled period of partial custody, then Father's period of custody shall extend to Monday at 6:30 p.m. Should the children have a school holiday on Friday immediately preceding Father's scheduled period of custody, then Father's period of partial custody shall begin on Thursday evening at 6:00 p.m. 3. Paragraph 2b of the Order of Court dated September 17, 2007 shall be deleted in its entirety. 4. Paragraph 2d shall be deleted in its entirety and replaced with the following. The Thanksgiving holiday shall be defined as Wednesday at 6:00 p.m. to Monday at 6:30 p.m. The parties shall alternate the Thanksgiving holiday with Mother having even numbered years and Father having odd numbered years. 5. The parties shall have reasonable telephone contact with the children. The custodial parent shall initiate the call to the non-custodial parent every Tuesday and Thursday at 8:00 p.m. 6. Paragraph 7 of the Order of Court of September 17, 2007 shall be deleted in its entirety and replaced with the following. Transportation shall be shared such that during the school year, the parties shall exchange custody at Diehl's convenience store on Rt. 233 and Center Road and, during the summer, Mother shall pick up the children from 3 Father's home and Father shall pick up the children at Diehl's convenience store on Rt 233 and Center Road. 7. In the event that either party is not available to exercise their period of physical custody for more than four hours, they shall notify the non-custodial parent and offer said time to them. 8. All other provisions of the Order of Court dated September 17, 2007 shall remain in full force and effect except as modified herein. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY cc? e Adams, Esquire, Counsel for Mother ?Sandra L. Meilton, Esquire, Counsel for Father e CCL OFIW rTU*1tL 71,aYlOS J. -r N_ r?CV?? ??t'?II f? z u. i i[ ?z w oaoa MICHELLE E. DICK, Plaintiff V. JASON L. DICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-1260 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A. Dick March 28, 1994 Mother Caleb L. Dick March 14, 2000 Mother 2. A Conciliation Conference was held in this matter on July 21, 2008 with the following in attendance: The Mother, Michelle E. Dick, with her counsel, Jane Adams, Esquire, and the Father, Jason L. Dick, with his counsel, Sandra L. Meilton, Esquire. 3. The Honorable Edward E. Guido entered an Order of Court dated September 17, 2007 providing for shared legal custody, Mother having primary physical custody during the school year with Father having alternating weekends and Wednesday evenings and the parties having shared physical custody, week on/week off, during the summer 4. The parties agreed to an Order in the form as attached. ZZ -O d' /4 - Date Jac eline M. Verney, Esquire Custody Conciliator Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay a_Wzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE E. DICK, Plaintiff No. 2006-1260 Civil Term V. : JASON L. DICK, IN CUSTODY Defendant PETITION FOR LEAVE TO WITHDRAW AS COUNSEL This Motion of Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, respectfully represents: 1. The Movants are Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, who are presently counsel of record for Defendant, Jason L. Dick, in the above-captioned matter. 2. The Respondent is Jason L. Dick, Defendant in the above-captioned matter. 3. Respondent, Jason L. Dick's address is 1860 Walnut Bottom Road, Newville, PA 17241. 4. Movants have been counsel of record in this matter since in or around May 2007. 5. Over the course of the Movants' representation of Respondent, certain issues have arisen which make it impossible for Movants to continue to represent Respondent. 6. Respondent entered into a Fee Agreement with Petitioners on May 11, 2007, when at that time Respondent paid for legal services and was fully aware that payment must be made in the future for other services rendered; however, Respondent has not met his financial obligations to Daley Zucker Meilton Miner & Gingrich, LLC. A copy of the Fee Agreement is attached hereto and incorporated by reference as Exhibit «A„ 7. Respondent has been given reasonable warning that Petitioners will withdraw as counsel of record unless his financial obligation is fulfilled. 8. After numerous requests by Petitioners, Respondent has yet to pay significant outstanding counsel fees in this matter. 9. Despite repeated promises by Respondents to pay Petitioner, Respondent has failed to pay his significant outstanding balance. 10. There is currently nothing pending in this matter with the Court; however, opposing counsel has contacted the undersigned regarding recent goings-on and has indicated that she plans to file a Petition to Modify Custody. 11. Therefore, there is no prejudice to any party by our withdrawal at this point. 12. Therefore, under Rule 1.16(b)(5) and Rule 1.16(b)(6) of the Pennsylvania Rules of Professional Conduct, good cause exists for Petitioners' withdrawal of appearance in this case. 13. As a result of the above, Petitioners accordingly request permission to withdraw as counsel for Respondent. WHEREFORE, Movants, Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner and Gingrich, LLC, respectfully request this Honorable Court grant Movants leave to Withdraw as Counsel for Respondent, Jason L. Dick, in the above- referenced Custody matter. Respectfully Submitted, DALEY ZUCKER MEILTON MINER AND GINGRICH, LLC By: Date: Ma'am I.D. 0 87954 1029 Scenery Wve Harrisburg, PA 17109 (717) 657-4795 VERIFICATION Upon my personal knowledge, information and belief, I, Lindsay Gingrich Maclay, Esquire, do hereby verify that the facts averred and statements made in the foregoing petition are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa C.S.A. §4904 relating to unworn falsification to authorities. Date: IU I & A I IT A , lei BY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE E. DICK, Plaintiff No. 2006-1260 Civil Term V. JASON L. DICK, IN CUSTODY Defendant CERTIFICATE OF SERVICE 1'h I, Amanda M. Shull, Paralegal, hereby certify that on this 2 day of M Q Y 0) 2009, a copy of the Motion for Leave to Withdraw as Counsel was placed in the United States Mail, Postage pre-paid, addressed as follows: Jane Adams, Esquire 17 West South Street Carlisle, PA 17013-3220 Attorney for Plaintiff Mr. Jason L. Dick 1860 Walnut Bottom Road Newville, PA 17241 DALEY ZUCKER MEILTON MINER AND GINGRICH, LLC By:V Amanda M. Shull, Paralegal 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Exhibit "A" KATHLEEN CAREY DALEY, ESQ. PATRICIA CAREY ZUCKER, ESQ. SANDRA L. MEILTON, ESQ. STEVEN P. MINER, ESQ. KATHLEEN MISTURAK-GINGRICH, ESQ. LINDSAY GINGRICH MACLAY, ESQ. QUINTINA M. LAUDERMILCH, ESQ. S gL 'L May 7, 2007 Jason Lloyd Dick 770 Conodoquinet Avenue Carlisle, PA 17015 Re: Retainer Agreement Dear Jason: 152q -tftb?w Thank you for selecting Daley Zucker Meilton Miner & Gingrich, LLC ("DZMMG"), to represent you. This letter is a fee agreement which sets forth the financial arrangements under which your case will be handled by our office. Please read this letter carefully and if you wish to have DZMMG serve as your attorney, please sign your name, date this letter, and return it, along with the required retainer, to our office at your earliest possible convenience. This letter then becomes an effective agreement between us as to our representation of you. PATRICIA A. PATTON Services are charged on the basis of attorney and paralegal time expended. This OFFICE ADMINISTRATOR time is charged for in-person conferences, long distance telephone calls, copies and faxes, attendance at hearings, meetings or conferences, research and preparation time, preparation of legal documents and letters, and any and all REPLY TO: other services rendered on your behalf. The office bills in units of 1/10th of an EAST SHORE OFFICE hour. You will be charged at the rate of $175.00 per hour for the time I spend on your behalf and $250.00 per hour for the time a partner of the firm spends-off your behalf. Our paralegals bill at the rate of $125.00 per hour. Thej?_fees are for calendar year 2007. This fee does not include any out-of-pocket expenses which must also be paid. These out-of-pocket expenses include, but are not limited to, court filing fees, accounting and appraisal fees, sheriff fees, excess postage fees, and the fees and expenses of expert witnesses or consultants. For DZMMG to continue representation inn this matter, a One Thousand Dollar ($1,000.00), non-refundable retainer is required. These funds will be used to open your file and to begin your case. As work is performed by our office on your case, a regular, itemized billing statement will be mailed to you, which will indicate to you the amount due to this office. When bills are mailed, payment is expected upon receipt. If payment cannot be made upon receipt, contact should be made with our office. Interest will accrue on any unpaid balances at the rate of one percent (10/6) per month which is an annual percentage rate of twelve percent (12%) per year which will be added to all unpaid balances over thirty (30) days. In the event that you do not contact this office and you do not pay your fees in a timely manner, representation from this office will cease. EAST SHORE: 1029 SCENERY DRIVE, HARRISBURG, PA 17109 - 717-657-4795 - 717-657-4996 FAX WEST SHORE: 1035 MUMMA ROAD, SUITE 101, WORMLEYSBURG, PA 17043 - 717-724-9821 - 717-724-9826 FAX Jason Lloyd Dick May 7, 2007 Page 2 In the event legal action is necessary to collect unpaid fees, expenses or costs, this office will request your unpaid balance and reasonable attorneys' fees and costs which were incurred to bring the action against you. This office reserves the right to notify you of increases in the billing rates, and you, by signing this agreement, hereby agree to pay the increased hourly rate. One of the absolute necessities in any matter of legal representation is good communication between the attorney and client. Because the attorneys' schedules often involve court appearances and client interviews, it is often impossible for the attorneys to speak with you. Our staff is trained and experienced in listening and evaluating your questions to be able to provide you with information that you may need on a moment's notice. Although they cannot provide legal advice, they have been trained to check with one of the attorneys as to any issues which may require immediate legal intervention. Please do not hesitate to talk to any member of our staff about your concerns because we all work together as a team to help our clients to the best of our abilities. We will do our best to represent your interests in this matter. A lawsuit is almost always a very difficult time for the parties involved. Please be assured that we will try to keep you informed and provide you with the best advice that we can. In exchange, the following is expected from you: 1. Complete candor and truthfulness in any information you provide to this office; 2. Cooperation with this office in furnishing any documents and information that is requested of you in a reasonable manner; and 3. Payment of all fees and costs that you are charged by this office for services rendered in a prompt manner. Your failure to comply with any provisions of this agreement may be a basis for this office to cease representation of you and withdraw from your case. Some of our clients use electronic mail ("Email") to conduct communications between them and the firm. During 1999, the Ethics Committee of the American Bar Association issued a Formal Opinion in which it concluded that an attorney could transmit information relating to the representation of a client by use of unencrypted Email sent over the Internet without violating the attorney's responsibilities under the Rules of Professional Conduct because such a mode of information transmission afforded a reasonable expectation of privacy form a technological and legal standpoint. However, if you do not want the f rm to use Email for some, or all, of its Jason Lloyd Dick May 7, 2007 Page 3 communications with you, please advise us promptly to that effect. We will follow your instructions as to the manner in which you want to communicate with the firm. For your information, I am enclosing with this engagement letter a copy of the "Daley Zucker Meilton Miner & Gingrich, LLC Privacy Policy Statement," which explains our firm's duty to keep confidential the information communicated between us, as well as other information relating to this legal representation. Again, please make sure that you have reviewed this letter carefully and that you understand every aspect of the letter. If you have any questions about the content of this letter, please contact our office prior to your signing of the agreement. By signing and returning this letter with your initial retainer of One Thousand Dollars ($1,000.00), you indicate that you are requesting our office to represent you and you are authorizing us to proceed on your behalf. Unfortunately, as with life, there are no guarantees in the law. We will do our best to represent you in a fair and aggressive manner, always keeping in mind that this is not just another lawsuit but a very important event which may have a profound impact upon your life. Very truly yours, DALEY ZUCKER MEILTON MINER & GINGRI H, LLC Ysin a y Gin h Mac ay, Esquire LGM/jlc Intending to be legally bound by my signature below, I acknowledge receipt of an original of this letter of agreement and my acceptance of the terms of representation set forth in the letter. Accepted this 4E day of MCC L CC G? 12007 J . o loyd DicK. c~y r., -> ? `v %7 -''' ?_; , . v ??`? ;,, --:,- _ Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 lmaclay0,,dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE E. DICK, Plaintiff No. 2006-1260 Civil Term V. JASON L. DICK, IN CUSTODY Defendant ADDENDUM TO THE PETITION FOR LEAVE TO WITHDRAW AS COUNSEL This Motion of Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, respectfully represents: 1. Paragraphs 1- 13 of the March 27, 2009 Petition for Leave to Withdraw as Counsel are incorporated herein by reference thereto as is set forth at length. 2. According to Local Rule 208.3(a)(2), the Honorable Edward E. Guido has been assigned to the above-captioned matter. 3. According to Local Rule 208.3(a)(9), on April 1, 2009 Plaintiff's attorney, Jane Adams, Esquire, was contacted by telephone and has no objection to filing of this Petition. WHEREFORE, Movants, Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner and Gingrich, LLC, respectfully request this Honorable Court grant Movants Leave to Withdraw as Counsel for Respondent, Jason L. Dick, in the above- E referenced Custody matter. Respectfully Submitted, DALEY ZUCKER WILTON MINER AND GINGRICH, LLC Date: By: A torhey I.DV H. 87954 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 VERIFICATION Upon my personal knowledge, information and belief, I, Lindsay Gingrich Maclay, Esquire, do hereby verify that the facts averred and statements made in the foregoing petition are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa C.S.A. §4904 relating to unworn falsification to authorities. Date:-Avtfl ` , w By: C: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE E. DICK, Plaintiff No. 2006-1260 Civil Term V. JASON L. DICK, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Amanda M. Shull, Paralegal, hereby certify that on this day of April, 2009, a copy of the Addendum to the Motion for Leave to Withdraw as Counsel was placed in the United States Mail, Postage pre-paid, addressed as follows: Jane Adams, Esquire 17 West South Street Carlisle, PA 17013-3220 Attorney for Plaintiff Mr. Jason L. Dick 1860 Walnut Bottom Road Newville, PA 17241 DALEY ZUCKER MEILTON MINER AND GINGRICH, LLC By: Amanda M. Shull, Paralegal 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 F`CE OF Tkf WTVMTARY 2 APR -2 PM I: 4 o MAR 312009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE E. DICK, Plaintiff No. 2006-1260 Civil Term V. JASON L. DICK, IN CUSTODY Defendant RULE TO SHOW CAUSE r AND NOW, this <101 day of 2009, upon consideration of the attached Petition to Withdraw as Counsel, a Rule to Show Cause is served upon the Plaintiff and Defendant, through counsel, to show cause, if any, as to why this Motion should not be granted. Rule returnable P 4 days from service. All proceedings to stay meanwhile. BY THE COURT: , J. Distribution: Xindsay Gingrich Maclay, Esquire, 1029 Scenery Drive, Harrisburg, PA 17109 ,eane Adams, Esquire, 17 West South Street, Carlisle, PA 17013-3220 Ar. Jason L. Dick, 1860 Walnut Bottom Road, Newville, PA 17241 4i t -.V R J 1 8dv 60oz KC3V•Ul`:':;: w;;7?i44ii ?S?{ Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclqy@dznung,law.co m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE E. DICK, Plaintiff V. ; JASON L. DICK, Defendant No. 2006-1260 Civil Term IN CUSTODY MOTION TO MAKE RULE ABSOLUTE This Motion of Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, respectfully represents: 1. The Movants are Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, who are presently counsel of record for Defendant, Jason L. Dick, in the above-captioned matter. 2. The Respondent is Jason L. Dick, a party in the above-captioned matter. 3. On March 30, 2009, Movants filed a Petition for Leave to Withdraw as Counsel in the above-captioned matter, which Petition was served via U.S. Mail, Postage Pre-paid, upon both Jason L. Dick, and also upon Plaintiff, Michelle E. Dick, by and through her attorney, Jane Adams, Esquire. 4. This Honorable Court issued a Rule to Show Cause regarding said Petition on April 15, 2009, returnable twenty (20) days after service. 5. On April 17, 2009, a copy of said Rule was served via certified mail, return receipt requested and via regular U.S. Mail with Proof of Mailing upon Respondent, Jason L. Dick. A copy of said Rule was also served via regular U.S. Mail upon Plaintiff, Michelle E. Dick, by and through her attorney, Jane Adams, Esquire. A copy of the Return Receipt and Proof of Mailing are attached hereto as Exhibit "A" and are incorporated by reference. 6. No response has been received from Respondent, Jason L. Dick, Plaintiff, Michelle Dick or Plaintiff's counsel, Attorney Jane Adams. 7. The allotted time frame within which Respondent could respond has now elapsed. WHEREFORE, Movants, Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, respectfully request this Honorable Court make the Rule Absolute and thereby grant Movants leave to Withdraw as Counsel for Respondent, Jason L. Dick, in the above-captioned Custody matter. By: Respectfully Submitted, DALEY ZUCKER MEILTON MINER & GINQ-RICH, LLC Wttorney I.D,.487954 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 VERIFICATION Upon my personal knowledge, information and belief, I, Lindsay Gingrich Maclay, Esquire, do hereby verify that the facts averred and statements made in the foregoing petition are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa C.S.A. §4904 relating to unswom falsification to authorities. Date:. ?j ? D0?1 B , Y: L' ay Gin c a y, squire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE E. DICK, Plaintiff No. 2006-1260 Civil Term V. JASON L. DICK, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Amanda M. Shull, Paralegal, hereby certify that on this g}? day of Q 2009, a copy of the Motion to Make Rule Absolute was served upon the person and in the manner indicated below: Service by first class mail addressed as follows: Jane Adams, Esquire 17 West South Street Carlisle, PA 17013-3220 Attorney for Plaintiff Service b Certified Mail Return Receipt Re uested addressed as follows: Mr. Jason L. Dick 1860 Walnut Bottom Road Newville, PA 17241 DALEY ZUCKER MEILTON MINER AND GINGRICH, LLC By: sha4( Amanda M. Shull, Paralegal 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Exhibit "A" CERTIFIED MAIL RECL-W (Domestic Mad Only, No insurance Coverage Provfnec rq a Ir m Postage $ 2. f GS C3 C3 p Certified Fee 2.-+ O O O ? C3 Retum Receipt Fee (Endorsern aemeM Required) O Pe ark m p U Rea Mcted Delivery Fee (EndorsemeMRequired) b cc) rU Tot l P t & P fV + C= ei a os age ees N C3 lti ¦ Cwnplete Ron 1, 2, and 3. Also complete Own 4 if Restricted Delivery is desired. ¦ Prht your name and address on the reverse so that we can mWm the card to you. ¦ Attsch this card to the back of the mailpiece, or on the front if apace perm ft. A. Aysrtt 1. Article Addressed to: Mv. Joson L. Dick IbUO 1NOIhu goltom P-d AW011ft ?A R?ZL-II B.-P&celvad by (PdnW Neme)' C. Date of Deewry -/ 9 -'C6 D. Is d*4&y addreae firm item 1? ? Yea If YES, enter delivery address below: C] No 3. Servioe Type D onwoed mail C] epose m o C1 R mail! 111 C] Return Reoetpt for Merchsno.. O Inetrtsd MA C] C.O.D. 4. Restricted DaNirery/) Pft FeW C] lies 2. MW"far (11sne?i?Alism aw Mer a" 7004 2890 0001 3911 1510 srs Pis Form 3811, Fo rlmy MU Do mft Mum PAaW 102596-02.1*16 o ?¦¦. . n r¦. ? . s.e?¦. m H p rn o, MAY BE USEDFOR DOMESTIC AND ERN INT ATION AL MAIL, DOES NOT ; Q o PROVIDE FOR INSURANCE-POSTMASTER m r N r- Received From: U?S Y r` W W h O a. 0 d. U O_ W29 N 00 ?'V?Sbvv e!4 13109 to LL 00 One One piece of ordinary ail addressed to: G7 1> 2 m 7 _j N O S O O Nf)wV mt, P4 lq2N PS Form 3817, Mar. 1989 'it r.1, OF 2 3 rl' 1 i ? i "j': 10 \rT IN THE COURT OF COMMON PLEAS MAY 12 2008 0 OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE E. DICK, Plaintiff No. 2006-1260 Civil Term V. JASON L. DICK, IN CUSTODY Defendant ' y ORDER AND NOW, this a4/^ day of , 2009, upon consideration of the Petition to Withdraw as Counsel, it is hereby ORDERED and DECREED that Lindsay Gingrich Maclay, Esquire and Daley Zucker Meilton Miner & Gingrich, LLC, are granted leave to withdraw as counsel of record for the Defendant, Jason L. Dick, in the above-captioned matter. BY THE COURT: Distribution: Lindsay Gingrich Maclay, Esquire, 1029 Scenery Drive, Harrisburg, PA 17109 Jane Adams, Esquire, 17 West South Street, Carlisle, PA 17013-3220 Mr. Jason L. Dick, 1860 Walnut Bottom Road, Newville, PA 17241 Edward E. Guido, J. tt 1 :01 Wit £ ! fl% W HE n !. 71-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON L. DICK, Plaintiff/Petitioner Docket No. 2006-1260 CIVIL ACTION LAW V. MICHELLE E. DICK, Defendant/Respondent (In Custody) PETITION FOR CONTEMPT/ ENFORCE CUSTODY AGREEMENT AND NOW, this A_ day of , 2009, comes Plaintiff/Petitioner, Jason L. Dick, and avers as follows: 1. Jason L. Dick, an adult individual who resides at 1860 Walnut Bottom Road, Newville, Pennsylvania, Cumberland County, Pennsylvania, is the Plaintiff/ Petitioner in the above-captioned matter (hereinafter referred to as "Father") 2. Michelle E. Dick (now Clouse), an adult individual who resides at 8500 Fort Robinson Road, Ickesburg, Pennsylvania, Perry County, Pennsylvania, is the Defendant/Respondent in the above-captioned matter (hereinafter referred to as "Mother") 3. Plaintiff and Defendant are the natural parents of the following children NAME DOB/AGE ADDRESS Cody A. Dick 3/28/94 (15) 8500 Fort Robinson Rd. Ickesburg, PA 17037 Caleb L. Dick 3/14/00(9) 8500 Fort Robinson Rd. Ickesburg, PA 17037 4. The Parties were married on May 20, 1994, in Sussex County, Delaware. 5. The Parties were divorced on August 28, 2007. 6. A stipulation and subsequent court Order were entered by this Honorable Court on September 17, 2007; a copy of the stipulation is attached as Exhibit A. 7. A Modified Order was entered by this Honorable Court on July 24, 2008; a copy of the Order is attached as Exhibit B. 8. Mother has not allowed Father to have his periods of substantial custody with the Children since the first weekend in November, 2008, as ordered by this Honorable Court in the Modified Order (Exhibit B) Number 2. Replacement for Paragraph 2a. Schedule during school: During the school year three weekends out of every four, from Friday at 6:00 p.m. to Sunday at 6:30 p.m. Should the children have a school holiday on Monday, immediately following Father's scheduled period of partial custody, then Father's period of custody shall extend to Monday at 6:30 p.m. Should the children have a school holiday on Friday immediately preceding Father's period of partial custody shell begin on Thursday evening at 6:00 p.m. 9. Mother has not been reasonable for telephone contact with children, as ordered by this Honorable Court in the Modified Order (Exhibit B) Number 5. This stipulation was added because of Mother's request. The parties shall have reasonable telephone contact with the children. The custodial parent shall initiate the call to the non-custodial parent every Tuesday and Thursday at 8:00 p.m. Children are not calling and Father makes several attempts to call Children to Keep in contact with them. Father gets answering machine most of the time with no call backs. Father continues to call till he can reach children. 10. Mother has not provided transportation for children, as Ordered by this Honorable Court in the Modified Order (Exhibit B) Number 6. Transportation shall be shared such that during the school year, the parties shall exchange custody at Diehl's convenience store on Rt. 233 and Center Road and, during the summer, Mother shall pick up the children from Father's home and Father shall pick up the children at Diehl's convenience store on Rt. 233 and Center Road. 11. Mother has arbitrarily changed the exchange point, even though there was no agreement regarding same, which is BLATANT contempt on her part and which is withholding the children and then making their Father look like the bad guy for not bending to her request/action to change the exchange point, which she AGREED to at the last Conciliation. 12. Mother agreed to the exchange of children on November 5, 2008. The children were to be out of school November 6t' and 7t' 2008. At the last minute (November 4, 2008 8:00pm) Father was told (from the children) about a Dentist appointment scheduled six months prior for the children. Father couldn't make this appointment on Thursday, November 6, 2008 due to he was working out of town that day. Mother and Father agreed to exchange children Thursday, November 6, 2008 at 6:00 p.m. Mother did not show at the exchange point (Diehl's convenience store). Instead Mother had Child (Cody) call his Father to ask where he was and to tell his Father if he wanted his children he had to come to the Shell Station in Landisburg. Child stated his Mother had been over the mountain twice today and wasn't coming back over. Father asked to speak to child (Caleb) to make sure he was okay and to make sure that he knew he loved him and was where he was suppose to be to pick him up. Child (Cody) got back on phone and asked Father if he was coming or not. Father requested to speak with Mother. Telling child (Cody) once again he didn't want him put in the middle. Mother argued with Father over phone, with children in the car, she would not bring them back over. She was questioned as to why she didn't call when she was done at doctor's to drop children off. Being she was already in Carlisle and wouldn't have to drive back over. Mother stated that wasn't her job. On Friday, November 7, 2008 child (Cody) called Father once again from his Mother's phone. Child (Cody) stated that they were at Diehl's at 6:00 p.m. and now were back over the mountain. Child (Cody) stated to Father you weren't there to pick us up. Father stated that child (Cody) knew he tried to pick him up Thursday Night at Diehl's. Child (Cody) stated that wasn't a holiday from school as stated in the Order. So, his Mother didn't have to bring them to the agreed night. Child (Cody) told Father to read his Order. Father once again asked to speak to Mother not to put child (Cody) in the middle. Child (Cody) just asked are you coming or not. Father stated no he was not. Father had other reservations that the children were suppose to be at if they had come on Thursday night, that Mother and Father had agreed to. Mother has used this as her reason for not following the Order of the Honorable Court anymore. 13. Father has gone to court order exchange point every Friday since the weekend of November 6, 2008. Mother refuses to follow the court Order and will not bring the children to exchange point. Father has witness statements from people that went with him to exchange point to witness Mother not showing with children (Exhibit C & D) 14. Mother's attorney sent email to Father's attorney on November 12, 2008. Stating Mother wants new meeting point to be Landisburg East End Market for the pick up point. Mother wasn't going to prior meeting place any more, and that Mother would let Father file for contempt. (Exhibit E) 15. Mother has been trying to change the meeting point since August 2008. Mother agreed to this meeting point in July of 2008. 16. Father has recorded message left from Mother on November 10, 2008. Mother states: "She will hold the kids from him until he shows up at the Shell station to pick them up or he files in court for contempt of the Order. She will make him pay for his Bullshit!" Father has tape for court to listen to upon request. 17. Father started receiving text messages from child (Cody) on the weekend of November 14, 2008. Father texted child (Cody) back to call if he needed to talk and stop texting. Child (Cody) continued to text. Child's (Cody) texts got worse in which he sent a ring tone that yells out "I am a d k, the man holding the phone is a D_ k". (over and over) Then "a picture of a man doing inappropriate sexual acts on himself, with the message does this make you gay." Father was concerned about the nature of these texts. Father went to state police. Father was told to go to Child & Youth in Perry County. (Father has tape of ring tone for court and can show video on- line of the man.) Father has copy of letter sent to Mother from Child & Youth on November 24, 2008. (Exhibit F) 18. Father has another child (Makayla M. Dick) as of March 20, 2008. Child (Caleb) was a big part of his half sister's life. Child (Caleb) has not been able to be apart of his half sister's life since November 2008 on a regular basis. Child (Caleb) wants to be apart of her life. 19. Mother has signed children up for events that are scheduled on Father's weekends without discussing his schedule. Mother expects Father to run over the mountain all weekend with children to events, which doesn't allow Father to schedule anything with his children. Child (Cody) has stated to Father and Father's girlfriend (Tina Smith) "Mom wants to make Dad mad by making him run over the mountain all the time." 20. Mother will not call Father to let him know which weekend she choices for visitation each month, therefore, Father shows up at pick up point every Friday to ensure he can see children and mother never shows up. Father has already lost two night during the week from Mother moving. Mother doesn't call to provide any information for children's scheduled events, sickness or any medicine the children were taking before they come. Father finds out all information from children when they call or when they are with him. If they are sick Father has to ask about medicines they were taking while with Mother. Mother refuses to act like an Adult and put her feelings aside about Father to communicate with Father for the best interest of the children. Action speak louder than words and it can been seen there is a problem. 21. Mother doesn't consider the children welfare first. Mother just wants to keep children from Father. Mother's attorney sent letter to Father's attorney stating Father has not been using his periods of custody lately. (Even though she is holding the children) she wants Father to grant her sole legal and physical custody of the boys. Mother states she will close the support case and withdraw her request for all further child support. (Exhibit G) Mother has asked Father to do this several times. Father will not give up his rights to the children he loves. 22. Mother has a boyfriend named Cory Orrs living in household with children. Child (Cody) has stated several times while at his Father's (which isn't often anymore). "They have to do what Cory tells them to against their Father. Cory has told them they must pick Cory over their Father. If not they will be punished for not doing what Cory wants! They will lose everything they have and will not be able to go to any events." Child (Cody) even argued with child (Caleb), at Father's house, that Child (Caleb) couldn't choose to do something with his Father because Cory would take his stuff away. Child (Caleb) said he didn't care. Child (Cody) argued no because I will get in trouble too. Child (Cody) was given guns and states "Cory will take my guns from me if I don't do what he says and not go hunting with Dad. I don't want to lose my guns." Child (Cody) stated, "Why do you think I only come over every so often. Cory wants me not to spend time with Dad and Mom says if I don't come to Dad's for six months straight she can get Sole Custody of me." Child (Cody) continues by saying "I come over every so often to break the time frame so Mom can't file for Sole Custody. Mom wants to take us from Dad and make Cory our father. The children are given awards every time they go against their Father. Cory has tried to fist fight Father in the driveway, while Father was dropping off children, at their old address 20 Rays Drive. Cory also was driving at the pick up from Diehl's on New Years Eve. Cory put truck in reverse and cut Father off, before Caleb could get in his seat and get buckled in. Cory then backed out onto Rt 233, in front of oncoming traffic and then took off. He was smiling and laughing at the children's Father the whole time. Child (Cody) has told Father and Father's girlfriend (Tina) "Cory punches him up side the head all the time and his Mother doesn't do anything about it." Cory's behavior shows him to be hot headed and controlling towards children. Father is concerned about his children well being with Cory in this household and Mother not able to control her boyfriends behavior. Cory has prior assault charges and PFA. 23. Child (Cody) called Father on open house night (August 2008) at child (Caleb) new school. Child (Cody)-sMed "He didn't want to live with Cory or Mom anymore." Child (Cody) wanted to know if Father would pick him up at the open house and let him come live with Father. Child (Cody) couldn't take putting up with Cory anymore. Father told child (Cody) he had to call attorney to see what to do. Father told child (Cody) he would talk to him at open house. When Father went to open house Mother was in the book store, buying children books. Child (Cody) came out to talk to Father. Child (Cody) no longer wanted to come with Father. 24. The children were at Father's house Christmas Eve and returned to Mother as required by Order. Father was to get them back the day after Christmas for Christmas break. Mother gave Father the run around about when he could have children (There is no time given in the Order). Mother stated to Father "I won't make anything convenient for you." Mother wouldn't let Father have children back until 6:00pm and he had to pick them up at work. Child (Cody) never came back for the week. Since child (Caleb) returned to his Mother, on New Years Eve, Father hasn't seen children. Then child (Caleb) called on the first weekend in February 2009. Child (Caleb) stated "He wanted to come over. He missed everyone and wanted to see Father's new child (Makayla)." Child (Caleb) stated "Mom said she won't waste her hard earned money to drive me over. Being you can't pay your child support you have to come pick me up at the Shell Station. Father agreed to do so and picked up child (Caleb). Child (Cody) wouldn't talk to Father on phone and wouldn't come for weekend. On the first weekend in March 2009, Father again drove over the mountain to pick up the children. Again child (Caleb) came and child (Cody) did not. On May 1, 2009 Mother let Father pick the children up for the day at her job at 4:30am. Children were with Father till 3:30pm, when Mother picked them up at Father's house. The children were out of school that Friday. Mother would only let Father have them for the day. Mother stated she didn't think Father would drive child (Caleb) over the mountain for his games. So Mother wouldn't let Father have the children for the weekend. Father has gone to a couple games on Saturday and tried to pick up children for weekend. But there was always a reason they couldn't come. Father can't attend child (Caleb) games on Tuesday and Thursday night. Father had already committed to play softball for a team on the same night. Mother knew Father had made this commitment when she signed child (Caleb) up to play ball (once again never asking Father). Mother hasn't provided all the information or changes to child (Caleb) schedule so that Father might make the weekend events. 25. Mother is now holding children from Father for his period of Substantial Custody on the summer schedule, as Ordered by this Honorable Court in the Stipulation and subsequent court Order entered on September 17, 2007. (Exhibit A) Paragraph 2c. Summer Schedule. Beginning the first Sunday after school ends, the parties shall share custody of the children on a week on/week off basis, with exchanges to take place Sunday at 6:30 p.m. Father shall receive the first week long period of custody, with the parties alternating custody of the children weekly thereafter. Transportation shall be equally shared, with party receiving custody of the children to provide transportation. The summer schedule shall end on the Sunday which is two weekends before the start of school, when Mother shall receive primary custody of the children and the parties shall observe the schedule under section 2(a) of this agreement. Note: Transportation was modified in the Ordered dated July 24, 2008 (Exhibit B) Paragraph 6. Transportation shall be shared such that during the school year, the parties shall exchange custody at Diehl's convenience store on Rt. 233 and Center Road and, during the summer, Mother shall pick up the children from Father's home and Father shall pick up the children at Diehl's convenience store on Rt 233 and Center Road. 26. Child (Caleb) had called Father about coming for the week of June 7 through 13, 2009. Child (Caleb) stated if you want us for the week you have to pick us up at mom's work on Friday (June 5, 2009) at 4 a.m. Other wise we can't come. Father told child (Caleb) he wouldn't do that. Pick up is at Diehl's on Sunday night at 6:30 p.m. Child (Caleb) stated mom wouldn't bring them there. Father than told child (Caleb) he would come to child (Caleb's) game on Saturday (June 13, 2009) and pick them up for the week (June 14 through June 21, 2009). Child (Caleb) agreed to this. On June 12, 2009, Father had been calling children (because once again he never received any calls from the children as scheduled in the Order). Child (Caleb) called back to talk to his Father. Child (Caleb) stated he wasn't coming for the week. He had a friend coming over to spend the night Monday. Father was upset that he wasn't going to have children again. Even though Father was going to drive over the mountain as Mother wants to pick them up. Now there is something else stopping the children from coming. On June 16, 2009, child (Caleb) called Father for once on scheduled night. Child (Caleb) once again told Father if you want us for the week (June 21 through 28, 2009) you have to pick us up at mom's work on Friday (June 19, 2009) at 4 a.m. Father told Child (Caleb) to put his Mother on the phone. Father stated your Mother is suppose to discuss this with me, not put you in the middle. (Mother has put child (Cody, older) in the middle numerous times and is now is starting to put child (Caleb, younger) in the middle. Father told Mother it wasn't right to drag the children out of bed at 3 a.m. to take them to work for Father to pick up at 4 a.m. Also, that Father also had to work that day. Father stated he was to pick the children up at Diehl's on Sunday (June 21, 2009) at 9 a.m. (because it is Father's Day, as stated in the Order). Because Father was to have the children for the week, Father would keep the children till Sunday (June 28, 2009) when Mother is suppose to pick the children up at 6:30 p.m. Mother would not agree to this. Mother was yelling at Father, "She could do what she wanted! She knew he no longer had an attorney, because he couldn't afford to pay for one. She didn't have to do anything he wanted or follow the Order because he wouldn't win. He wouldn't make her do anything she doesn't want to do." (The whole time Cory (mother's boyfriend) is screaming things at Father with children in the house) Father asked to speak to child (Caleb) again, Father told child (Caleb) he would be at Diehl's on Sunday (Father's Day) to pick the children up at 9 a.m. Father told child (Caleb) he loved him very much and hopes to see him Sunday. Child (Cody) would not speak to Father. 27. Father is now requesting that the Honorable Court hold Mother accountable for her continuous blatant contempt and behavior. Father feels Mother is not doing what is best for the children. Father is very upset that he can't spend the time with his children to build the bond a Father should have with his boys, the Mother is trying to break down. Father loves both his children very much. Mother has done nothing but work to keep the children from Father! Mother feels she has to answer to no one. Not even the Honorable Court! Mother feels she is right on everything and everyone else is wrong. Mother feels because she is the Mother of these children, she has the right to keep the Father out of their children's lives and tell the children lies to turn them against their Father. 28. Father is requesting Emergency Assistance from the Honorable Court to be able to see his children and make up for all the time Father has lost because of Mother's actions. Father ask the Honorable Court to show Mother she has to follow the guilde lines set forth, for the best interest of the children. 29. Father request that the Honorable Court grant him Primary Physical Custody of both children. Father ask the Honorable Court to grant this so that he might have the time to spend with his children to build the relationships a Father should have with his children, that the Mother has prevented the Father from doing. Father request the Honorable Court to speak with child (Cody). Child (Cody) is old enough to decide where he wants to live. Father does want what is in the best interest of the children. Father is asking the children to give him a chance. Mother has done nothing but make the Father look bad, in the children's eyes. Father request that the Honorable Court discuss this with child (Cody) and then let him choose where he wants to live. Father doesn't want to force child (Cody) into anything and have child (Cody) hate him for doing so. Mother has been working to turn child (Cody) against Father longer than child (Caleb) because of the age child (Cody) was when Father left. Mother is now starting to do the same with child (Caleb). Father knows child (Caleb) still wants to be at Father's house (as shown by the number of times child (Caleb) has come and child (Cody) hasn't). If Mother had worked with the Father instead of against the Father, the children would have not been put through all the trauma the children have had to endure. 30. Father request Mother be given the substantial custody with alternating weekends during school and alternating weeks during the summer. 31. Father request that the transfer location remain the same (Diehl's convenience) as for there is no midway point for the exchange to take place and Mother chose to move over the mountain, not Father. 32. Father requests that if the Honorable Court will not grant him Primary Physical Custody. That the Honorable Court grant him the entire summer (every summer) with alternating weekends for the Mother. That the Honorable Court would put a stipulation in this Order. That if Mother did not follow the Order this time, she would lose Primary Physical Custody of the children. Father request this so that Mother doesn't continue to hold the children from Father. Being that Mother states she has to answer to no one and Father has no doubt Mother will do this again. 33. Father request that the Honorable Court intervene with the Mother's boyfriend (Cory Orrs) and address the issue of his behavior with the children and address the actions of the boyfriend towards Father in front of children. This behavior is not good for the children. As for all the adults involved in the children's lives need to put their differences aside and do what is best for the children. 34. Father request that if Mother retains Primary Physical Custody. Mother should work with the Father to give "their children" a complete life and family experience. Father request that the Mother discuss all extracurricular activities with him. Instead of just signing the children up for everything so that the Father can travel over the mountain all weekend. Father states he can not do anything with his children that he plans to do, because the children's time is already scheduled for when he has the children. Father states that the children have family on this side of the mountain they never get to see anymore because the Mother refuses to work with him. 35. Father request that the Mother share information about the children's medications and illnesses. As for it is hard for the children to know everything they have been given. The Mother is a nurse and should take more responsibility on making sure the Father knows this information for the best interest of their children. 36. Father request that the Honorable Court set times on all scheduled visitation periods, for pick up and drop off. Being that the Mother refuses to work with Father and that would eliminate any confusion and/or arguments on this in the future. 37. Father request that the Honorable Court enter on the Order (if possible) that the State Police can enforce this Order. That way Mother can no longer hold the children from the Father. Father would not lose anymore of his time with the children. 38. Father request that Mother stop putting the children in the middle. That the Mother should call with anything that needs to be discussed. Mother should refrain from telling the Father what a loser he is and everything she feels he has done wrong in his life. Mother's boyfriend needs to refrain from yelling in the background at the Father, with the children present! Mother should be able to act like an adult and have an adult conversation with Father. 39. Father request that if Mother retains Primary Physical Custody. That the transfer location still remains the same (Diehl's convenience) as for there is no midway point for them to exchange the children. Mother wants location to change to the Shell station in Landisburg, which is over the mountain and past the road where you would turn off to go back to the Mother's house. Father did provide all the transportation in the beginning of the break up, for a while. Father request the main travel be on the Mother's part. Father states he has to drive over the mountain for scheduled games and other events during his weekends. Father has not been able to do all the events. Child (Cody) was wanting to go to school events on Friday and Saturday night and child (Caleb) had ball games on Saturday morning/afternoon. Father not being able to make all these events made child (Cody) not come at all before Mother stopped bring them to transfer location. Respectfully submitted by: z on L. Dick .EXHIBIT 8 E1'i'.';b; ( )i"I.).I29'I ?; iill; fait' ,l.i??ux?tt;Cil; a ?11t:_I'?.. 1"^', lf7t' ??at"?1C'? G?fl `?l•,G??l'liiflct" i _IqO ' ?,213T1 ??? '?]la??Lu a? ?fSi { ii',j!.'r?,t? ? d72.1P T ti my whetem, i unto set m _? Prothonotary rNA <GJS [ R rrom: iMyriN LAVY Ur.r 1 1 1 / Z40 ?=u.. 09/11/2007 13:bu4u; P.Lxi_f007 MICHELLE F. DICK, : I'N TTY COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2000-1260 Civil Term JASON L. DICK, ; CUSTODY" Defendant $11PULAMM AND CL7STODY AGAEPMNT This Stipulation and Custody Agreement is made this ` day of C 2007, by and between Michelle E. Clouse, formerly known as Michelle B. Dick, (Hereinafter ref=cd to as "Mother"), of Cumberland County, Pcunsylvauia, and Jason L. Dick, (Hereinafter referred to m "Fathee ), of C=barl=d County, Pennsylvaaig; WIMEAS, Mother and Father are the natural parents of two children, namely, Cody A. Dick, date of birth,, March 28, 1994; and Caleb L. Dick, date of birth, March 14, 2400; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their children, the terms of which agreement hoth parties desire to set forth in the present Stipulation and Custody Agreement; and WIMItEAS, Mother and Father desire the provisions of the PftMt Stipulati©n and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered aver Petition, Notice and Hearing; and WHEREAS, Mother and Father desire to avoid the necessity of the Hearing currently scheduled in this matter on -Monday, October 8, 2007 at 1:00 pm. in front of the Honorable Edward Guido. NOW THEREFORE, the parties, h t n&ng to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: Jr- Z46 t?LUJ 3: 1. LaAl stud. Mothw and Father shall have joint legal custody of their child=. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of each child, including educational, medical, and religious decisions. Each parent shall have at equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's gewal well-being, including, but not limited to, all decisions regarding their health, educAdon, and religion. Neither Party shall impair the other Party's rights to shared legal custody of the Children. Neither Party shall attempt to alienate the affections of the Children from the other Party. The custodial parent shall inform the non.-custodial parent i d ately of all medical, denW appoizttments and counseling appointments, and problems pertaining to the Children. If the Children are sick, and are unable to attend school or other planned acti-vities, then the parent having custody will notify the other parent as soon as practicably possible. Each shall notify the other party of any medical, dental, optical, counseling and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend, if he or she chooses. Pursuant to the tuns of Pa.C.S. §5309, each parent shall be entitled to equal access to all records and information pertaning to the Children, including, but not limited to, the Children's school dental, radical, religious, counseling, and other important records, the residence address of the Children and the other parent. As soon as practicable aft the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. To the extent one (1) parent has possession of any such records or irdbrmatlon, that parent shall be required to share same, or copies thereof, with the other parent within such reasonable time as to make the records or information of reasonable use to the other parents The custodial parent shall provide copies of the Children's report cards and other reasonable papers affecting the Children's education, medical condition, or welfare. Notwithstanding that both parents shall sure legal custody, non-malof decisions involving the children's clay-to-day living shall be made by the parent then having physical custody, consistent with the rather provisions of this Agreement and subsequent Order, 2, Physical Custody. Mother shall retain primary phnysical custody of the children, as that term is defined in the custody act, Father shall have periods of substantial custody with the children as follows: it, Schedule during school During the school year, every rather wcokead, from Friday after school through Monday morning, when Father shall ensure that the children get on the school bus or shall transport them to school. Should the children have a school holiday on Monday, immediately following Father's scheduled period of partial custody, then Father's period of oua'tady shall extend until Tuesday morning.. Should the children have a school holiday on a Friday immediately preceding Father's scheduled period of mistody, there Father's period of partial custody shall begin on Thursday evening after school. b. Wednesday Nigbts dwri ug School Year. During the school year, Father shall have a period of partial custody every Wednesday after scbool until 6:30 p.m. The parties shall equally divide the transportation associated with this period of custody. n P 3 d n n. _ s ,I- ram. KYV 1 N LA" €a+-r- I LE - i 1/ 09/ 11 1,2W7 13: . ?U " P .OQ,4/ ?. c. Summer SchedWc. Bo ing the first Sunday an`tes` school ends, the parties shall share custody of the children on a week oniwreek off basis, with exchanges to take place every Swsday at 6:30 p.m. Father shall receive the first week long period of custody, with the parties alternating custody of the children weekly thereafter. Tranapombon shall be equally shared, with the party receiving custody of the children to provide tm sportation. The Summer schedule shall and on the Sunday which is two weekends before the start of school, when Mother shall receive primary custody of the children and the parties shall observe the schedule under section 2(a) of this agreement. d. Thauksgiviug. 7hmksgiving shall be alternated betw=een the parties with Mother having even numbered years and Father having odd numbered years. Mother shall always have the children on the first day of deer hunting season. e. Christmas. Father shall always have physical custody of the children on Christmas Eve until 10:00 p.m. Father shall also have physical custody of the children from the day after Christmas until New Years Eve. f. New Yeas Eve. New Year's Eve to Now Yews Day shall be alternated yearly with Father having the children New Year's Eve through New Year's bay 2008. Times will be agreed upon by the parties. g. Mother's Day and Father's Day. Mother shall always have the children on Mother's Day from 9:00 am. through 5:00 p.m. and Father shall always have the children on Father's ray from 9:00 am. through $:40 p.m. h, Any other holidays shall divided equally upon agreement of the parties. i. Nothing in this agreement shall prevent the parties from observing different arrangements than as provided herein, upon mutual agreement of the parties. ?. XedicA m. Should a Child be on any prescription or over-the-counter medications, the prescription medications shall be sent along with the Child for the other party's period of custody. Moreover, should the Child be on any over-the-counter medications, both parties ,shall be advised of the medication, the frequency with which the medication should be given, and the dosage- 4. C©unubuz. The parties agree that the children may attend counseling. The patties shall cooperate with the counselor, and shall participate in counseling as recommended by the counselor. The party with physical custody of a child at the time an appointment with the counselor is scheduled, shall provide transportation to and from the counseling appointment. Bath parties shall advise the other at least forty-Bight hours in advance of any scheduled counseling appointments so that the other party may attend, abould they so choose. .y?`. .i??,ttppry? 1?,? JA S?l,,-j?"^? 7 t'Vi1!• zk?vil"v i7 :, it..+i.. .. .. r d r 4"'?+{ ?./ +.?i. V ,i..,J.. JD -S„ 1 awflaMus. Neither panty shall smoke in the presence cifthe children or pmnit any other household members to smoke in the presence of the chikk=, Neither party shall partake in alcoholic beverages to the point of intoxication. or illegal drugs while the children are in their physical custody. 6. Exiracum t,I eti+vities, To the extent possible, each party shall provide the other with at least forty-eigiat (48) hours advance notice of the school, sporting, or other extracurricular activities. Both parties shall agree to horror and participate in the activities in which the child wishes to engage. During the tunes that each parent has custody of the Children, they will mare certain that the children attend any previously?scheduled extra-curricular activities. The parties are directed to be supportive of the activities in which the Children we involved and wiLl transport the Children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Children are able to participate in those events. Each pa=t will provide the other parent with copies of schedules regarding any activity in which the Children are ennrolled. Neither parent„ however, shall commit the Children to any activity = ess the Children definitely desire to attend that activity, Participation in activities which take place daring the school year is contingent upon the Children maintai.rdng passW grades in school. Neither parent shall cQ:Rnrrit he Children to activities that fall on the other parent`s period or c.uswdy, Mthout the consent of the other parm; which consent shall not be unremonably withheld. If the Children are involved in an activity which occurs during both parer' periods of custody, both parents shall woperate in providing transportation of the Childj;en to the activity. However; the then-custodial parent shall not be -required to take the Children to that activity if the custodial parent and the Children are out of town during that activity, for a prei.-iously-schedule vacation:: In the event that the custodial parent is unable to deliver the Children to the particular activity, the parent who has custody of the Children at that time shall notify the non-custodial parent, who shell be entitled to pick up and deliver the Children to the desipated activity. The custodial parent she make certain that the Children are ready for pick-up in time sufficient to enable the Children to timely attend the activity. Should the custodial parent elect not to take the Children to a defined activity period Moo (2) tunes, that the non-custodial parent shall have the right Eo assume that he or she will be responsible fox transporting the Child= to that activity until appropriate tramportation is provided., in the event that either Child is unable to attend school clue to illness or school closings, or delays due to weather, etc., it is the responsibility of the parent their having custody to arrange altercate care for that day and notify the non-custodial parent of ihe Child's illness. 13:3 : .; t ?. blfk?? 7. TransnortatMp and Excha Except as otherwise herein specifically provided, the transportation shall be shared equally by the parties, with the parent who is to receive custody at the time. of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 8, Ongoing Re tics . Neither party shall attempt to undermine the mutual lave and affection that the children may have for the other parent and neither parent shall, in the presence of the children make any disparaging or ne„ative remarks ooneeming the other parent. Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a % ew toward obtaining and following a harmonious policy in the children's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone nwnber to facilitate communication concerning the welfare of the children and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose carte the children will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide c3ayeare for the children. 9. Mans of the h drm Emergency decisions regarding children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall Comm n cMe with the other party by telephone or any other means practicable, informing the other patty of the nature of the illness or emergency, so the other parent can became involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which eonfiines a child to 'red for a period in excess of seventy-two (72) hours and which places the child under The direction of a licensed physician„ During such illness, each party shall have the right to visit the child as oftat as he or she desires, consistent with the medical mve of the child, lit. Welfare of the Children to be GoaaidME21L '.,he welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to liston carefay anal consider the wishes of the children in addressing the custodial schedule, any changes to the schedule. and any other parenting issues, 11, Binding Effect s xd Modification of Order. rhis Agreement and all of its terms and conditions shall extend to and binding upon the pasties hereto and their respective heirs, personal representatives, and assigm, The parties are fire to modify the terms of this Agreement but in. order to do so bath parties must be in complete agreement to any new terms. 17hat means both parties mast consent on what the new te=s of the custody arrangement or visitation schedule shall be. l?. Governing Law. Th7s Agreement shall be g;ovemed azad controlled by the laws of the Comraormoalth of Pennsylvania. 13. Eafa mement. The parties agree that this Agreement may be adopted as an Order of Court without the necessity of the Court hearing currently scheduled in front of the Honorable Edv4jrd Guido on October 8, 2007, at 1 ° 0 p.m. i r'A orp, 11 " ,t. N f 14. Entire Agreement This Agm-cmcnt contains she endm %m4orstanding betu;een the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or olh e, not emboied herein shall be of any force or effect. This Agreement supersedes any and all ptior agreements, vifittan or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WBEFtEOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WIT BSS e Adams, E " ` e S. Pitt St. Carlisle, pas 17013 (717) 245.8508 Attorney f6'r° Moowr icbelle E. Clouse, Mother h lay, Esq ` e ` 1 9 Sr ive Harrislavrg, Pa. 17109 (717) 657-4795 .Atrorney far Father s 0T, Dici' rat r EXHIBIT JUL 2 2 7008 MICHELLE E. DICK, Plaintiff V. JASON L. DICK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-1260 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this q day of _?_, 2008, upon consideration of the attached Custody C iliati Report, it is ordered and directed as follows: 1. The prior Order of Court dated September 17, 2007 shall remain in full force and effect except as modified hereinafter. 2. Paragraph 2a of the Order of Court dated September 17, 2007 shall be deleted in its entirety and replaced with the following: Schedule during school: During the school year three weekends out of every four, from Friday at 6:00 p.m. to Sunday at 6:30 p.m. Should the children have a school holiday on Monday, immediately following Father's scheduled period of partial custody, then Father's period of custody shall extend to Monday at 6:30 p.m. Should the children have a school holiday on Friday immediately preceding Father's scheduled period of custody, then Father's period of partial custody shall begin on Thursday evening at 6:00 p.m. 3. Paragraph 2b of the Order of Court dated September 17, 2007 shall be deleted in its entirety. 4. Paragraph 2d shall be deleted in its entirety and replaced with the following. The Thanksgiving holiday shall be defined as Wednesday at 6:00 p.m. to Monday at 6:30 p.m. The parties shall alternate the Thanksgiving holiday with Mother having even numbered years and Father having odd numbered years. 5. The parties shall have reasonable telephone contact with the children. The custodial parent shall initiate the call to the non-custodial parent every Tuesday and Thursday at 8:00 p.m. 6. Paragraph 7 of the Order of Court of September 17, 2007 shall be deleted in its entirety and replaced with the following. Transportation shall be shared such that during the school year, the parties shall exchange custody at Diehl's convenience store on Rt. 233 and Center Road and, during the summer, Mother shall pick up the children from J Father's home and Father shall pick up the children at Diehl's convenience store on IZt 233 and Center Road. 7. In the event that either party is not available to exercise their period of physical custody for more than four hours, the}, shall notify the non-custodial parent and offer said time to them. 8. All other provisions of the Order of Court dated September 17, 2007 shall remain in full force and effect except as modified herein. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY J. cc: Jane Adams, Esquire, Counsel for Mother Sandra L. Meilton, Esquire, Counsel for Father y P `',P0a3 MICHELLE E. DICK, Plaintiff V. JASON L. DICK, Defendant PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1260 CIVIL ACTION - LAW IN CUSTODY 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A. Dick Caleb L. Dick March 28, 1994 March 14, 2000 Mother Mother 2. A Conciliation Conference was held in this matter on July 21, 2008 with the following in attendance: The Mother, Michelle E. Dick, with her counsel, Jane Adams, Esquire, and the Father, Jason L. Dick, with his counsel, Sandra L. Meilton, Esquire. 3. The Honorable Edward E. Guido entered an Order of Court dated September 17, 2007 providing for shared legal custody, Mother having primary physical custody during the school year with Father having alternating weekends and Wednesday evenings and the parties having shared physical custody, week on/week off, during the summer 4. The parties agreed to an Order in the form as attached. ?_ZZ-off Date Jac eline M. Verney, Esquire Custody Conciliator EXHIBIT C Thursday, 11/06/08 5:40 P.M. I accompanied Jason to pick up Caleb and Cody. We arrived at Diehl's store at approximately 5:55 pm. At around 6:05 pm Jason received a call on his cell phone from Cody wanting to know where he was, that they were waiting to meet him at the Shell station in Landisburg. Jason told Cody the arranged pick up point was to be at Diehl's. Michelle then got on the phone and said that she had already made 2 trips to Carlisle and that she wasn't coming back over the mountain again. The children were off of school for 2 consecutive days prior to Jason's weekend for visitation. Michelle had made an agreement with Jason to let him have the boys for the entire time. The problem was that the boys had dentist appointments on Thursday afternoon and she insisted on taking them herself. This entire conversation was on the speaker phone so both Jason and I heard every word. Friday, 11/21/08 5:35 P.M. I rode along with Tina and Jason to pick up the boys. We arrived at Diehl's at approximately 5:50pm. Tina went into the store to purchase a few items while we waited in the truck. At around 6:22 Jason's cell phone rang, he put it on speaker so that we all could here the conversation. Cody asked "dad where are you"Jason said that we were at Diehl's where we were supposed to be. Cody then replied "no you are to pick us up at the Shell station" when Jason said the court order said that they would meet at Diehl's, Cody said that they were to meet in Landisburg at the Shell station. Jason said "no Cody, I'm to meet you at Diehl's." Michelle then took the phone and started to scream at Jason, "I filed an order with my attorney, and she said that I don't ever have to bring them back over the mountain again." I asked her why she didn't make arrangements to drop the boys off or to meet Jason after their dentist appointments 2 week prior. She told me, "I don't have to, he's lucky I even agreed to let him have them to begin with. If he wants to see them he'll come to Perry county to get them." Then I asked her why she didn't want the boys to see their dad and she replied "because he drinks around them" so I said "wait a minute who are you trying to kid. I remember quite a few times when you would drink until you could hardly stand then get behind the wheel and drive while the boys were with you." I have witness this behavior on many occasions and I reminded her of that then she got mad and told me to "mind my own business and stay out of this." Then she hung up and wouldn't answer the phone when Jason tried to call her back. Once again Jason did not get the boys. Wednesday, 12/31/08 5:40 P.M. Jason, Tina and Caleb pick me up to ride along with them to meet Michelle at Diehl's. At 6:00 p.m. Cody, Michelle and her boyfriend Cory pull in to the store in Cory's truck, he is driving. Caleb gets out and gives Tina a hug and Jason a hug and a kiss and says goodbye. He ran over to the truck to get in on the drivers side because it's closer, Cory won't even open the door for him he told him "go around to the other side". While he was crossing in front of the truck Cory just kept revving the engine. When he got to the other side Cody opened the door for him but made him crawl over to the other side. Once Caleb was inside Jason started to pull out of the parking lot before Caleb even got his seatbelt fastened, Cory put the truck in reverse and back up in front of us cutting us off. He even backed out onto the highway in front of an on coming vehicle, all the while he was laughing, .,bscribed and sworn before me, this clay of. •? -?/, a Notary Public In and for County, State of /NOTARY PUBLIC ?,,k Commission expires C,SHIRLF-Y o Pennsylvania - NOTARIAL- SEAL A. KENNEDY, Notary Public Township, Cumberland County mmission Expires July 18, 2009 EXHIBIT Friday, 12/05/08 5:40 P.M. I went along with Tina and Jason to pick up the boys for their weekend visit with Jason. We arrived at 5:55 pm and waited until 6:20 pm. Michelle did not show up with the boys and she did not call. Fred L Harrison r.. Subscribed and sworn before me, this --- day of,?-/.-- a Notary Public in and for Z?"? -------- County, State of Ea / / -- NOTARY P BLe My Commission expires M? - 0-- 92rrtm913wraatth_ of Pennsylvania NOTARIAL SEAL SHIRLEY A. KENNEDY, Notary Public Penn Township, Cumberland County My Commission Expirps .lci-., j;, 7 EXKIBIT IE RE: dick v. dick - Yahoo! Mail _A39' ,r !, MAIL c,a-„ic RE: dick v. dick From: "Lindsay Maclay" <IMaclay@dzmmglaw.com> To: "Jane Adams" <esgadams@gmail.com> Cc: jasondick1971@yahoo.com Hi Jane, Page 1 of 2 Wednesday, November 12, 2008 7:32 AM Thanks for the heads up. Michelle has arbitrarily changed the exchange point, even though there was no agreement regarding same, which is BLATANT contempt on her part and which is withholding the children and then making Jason look like the bad guy for not bending to her request/action to change the exchange point (which, I might add, she AGREED to at the last Conciliation). Additionally, there, of course, is a lot of information that Michelle left out of her story (including the fact that Jason was supposed to pick up the boys on Thursday night, not Friday night, by agreement of the parties and that Jason went to the ordered exchange point, but Michelle did NOT), but she tends to conveniently forget these things when she is telling you what she thinks she wants you to hear. Again, thanks for the heads up. Regards, Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 (717) 657-4996 (fax) lmaclay@dzmmglaw.com 'IMPORTANT NOTICE"* This message is intended for the use of the individual or entity to whom it is addressed and may contain confidential information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution of copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by reply or by telephone at 717.657.4795 and immediately delete this message and all of its attachments, if any. From: Jane Adams [mailW:esgadams@gmaii.com] Sent: Wednesday, November 12, 2008 10:06 AM To: Lindsay Maclay Subject: dick v. dick xi Lindsay, Got a long message on the voice mail from Michelle Dick. She says Jason missed his Friday night pick up for the boys. She sat at the exchange point for 40 min. and he never called or showed up. http://us.mc635.mail.yahoo.comlmclshowMessage?fid=Inbox&sort=date&order-down&... 11/12/2008 RE: dick v. dick - Yahoo! Mail Page 2 of 2 She eventually called him and he said he was running late and had a 7 p.m. reservation and wouldn't be there. The rest of the message went on to day that she wants to meet at the Landisburg East End Market for the pick up point. I prepared and sent her a petition for modification, but on the message she said that she didn't want to file that, she just wasn't going to go to the prior meeting place any more, and that she would let Jason file for contempt. Plus he's two months behind in support. Just wanted to give you the heads up!!! Jane. Jane Adams, Esquire 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 voice (717) 241-2456 www.adamslaw.net http://us.mc63 5.mail.yahoo.com/mc/showMessage?fid=Inbox&sort=date&order=down&... 11/12/2008 EXHIBIT F ADMINISTRATOR LORI DRESSLER LOWER PERRY COUNTY CHILDREN AND YOUTH SERVICES w P.O. BOX 123 RHINESMITH BUILDING NEW BLOOMFIELD, PA 17068 TELEPHONE (717) 582-2131 EXT. 2212 FAX (717) 582-5161 Michelle Clouse 8500 Fort Robinson Road Ickesburg, PA 17037 Dear Ms. Clouse, COUNTY COMMISSIONERS JOHN J. AMSLER WARREN R. VAN BUSKIRK STEPHEN C. NAYLOR November 24, 2008 Our Agency has received a referral in regards to inappropriate supervision. In these allegations it indicates your son; Cody Dick is sending inappropriate text and picture messages, of a pornographic nature, across his cell phone. Please check over your son's internet and cell phone history to verify whether this report is true. If it is true, please address this matter with your son promptly. It is your responsibility to provide adequate supervision to your children. If additional allegations are brought to our attention, we may be contacting you. If you have any questions, or feel this Agency could provide you with additional services, please contact me at your earliest convenience. Sincerely, Wendy Harr son Caseworker EX?i$IT t I -c G MAR 1 3 2009 Jane Adams ATTORNEY AT LAW 17 WEST SOUTH ST. CARLISLE, PA. 17013 (717) 245-8508 voice (717) 241-2456 fax esgadams(a.gmail.com March 12, 2009 Lindsay Gingrich Maclay. Fsgtti.re .. 1029 Scenery Drive Harrisburg, Pa. 17019 Re: Dick v. Dick No. 06 - 1260 Dear Lindsay 1 tried contacting you the other day via e-mail. Michelle says that Jason has not been using his periods of custody lately, and is extremely behind on his support payments. She wanted me to ask if Jason would grant her sole legal and physical custody of the boys. She would then ?eantact Domestic Relations to close the support case and withdraw her request for all further child support. If Jason will not agree, then we may be tiling for a modification of the custody Order, as Michelle is not willing to provide the majority of the transportation any longer. Please advise. Thank you for your attention this matt.-r. Very truly yours, cc: Michelle Clouse iNP3 U?. .1 PGF? p o ?azls° JASON L. DICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE E. DICK DEFENDANT 2006-1260 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 30, 2009 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline MI. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Count Courthouse, Carlisle on Thursday, July 23, 2009 at 9:30 AM -- ----- - - - ....--- for a Pre-I-Iearing 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/ ac uellne M. Verne Es 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-')166 T E OF h 2x09 CUN ?vL! V JUL 2 e 2009 MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of 2009 u on consideration of the attached Custody Con iatiort it is ordered and directed as follows: 1. A Hearing is scheduled in Court oom No. 3 , of the Cumberland County Court House, on the ;114_ day of , 2009, at A '00 o'clock, -]P-. M., at which time testimony will be tak n. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated September 17, 2007 and July 24, 2008 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. t (sward E. Ouido, J. cc: Jason L. Dick pro se 1860 Walnut Bottom Road ?Newville, PA 17241 Jane Adams, Esquire, counsel for Mother ? zg ?oy MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, : IN CUSTODY Defendant PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A. Dick March 28, 1994 Mother Caleb L. Dick March 14, 2000 Mother 2. A Conciliation Conference was held July 23, 2009 with the following individuals in attendance: The Father, Jason L. Dick, pro se, and the Mother, Michelle E. Dick (Clouse), with her counsel, Jane Adams, Esquire. 3. The Honorable Edward E. Guido previously entered Orders of Court on September 17, 2007 and July 24, 2008 providing for shared legal custody, Mother having primary physical custody with Father having three weekends out of every four during the school year and week on/week off during the summer. Father filed a Petition for Contempt alleging Mother has failed to transfer the children as ordered and violated the reasonable telephone contact provision of the Order of Court. 4. Father's position on custody is as follows: Father seeks to have Mother held in contempt for her failure to transfer the children as ordered and failed to call Father as ordered. He maintains that he has been at the meeting point every weekend and Mother has not brought the children to that location. He says he calls the children and they do not return his calls. In the alternative, Father requests that he have primary physical custody of the children. 5. Mother's position on custody is as follows: Mother denies the allegations of contempt, claiming she was present at the meeting location and he was not there. She further asserts that the children do not want to spend time with Father. She maintains that she tells the boys to call their Father, but they do not want to call him. She says the older boy has a job over the summer and Father will not transport him to his job. She also indicates that the younger boy was on a baseball team and Father would not transport him to his games. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Orders. It is expected that the Hearing will require one-half day. Date acq line M. Verney, Esquire 611 Custody Conciliator ZOu? JUL 29 t MICHELLE E. DICK, Plaintiff vs. JASON L. DICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2006 - 1260 Civil Term CUSTODY PETITION TO MODIFY CUSTODY 1. Plaintiff is Michelle E. Clouse, formerly known as Michelle E. Dick, who resides at 8500 Fort Robinson Road, Ickesburg, Pa. 17037. 2. Defendant is Jason L. Dick who currently resides at: 1860 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff and Defendant are the natural parents of the following children: NAME DOB/AGE ADDRESS Cody A. Dick 3/28/94 (14) 20 Rays Dr. Newville, Pa. 17241. Caleb L. Dick 3/14/00(8) 20 Rays Dr. Newville, Pa. 17241. 4. The parties were married on May 20, 1994 and were divorced on August 28, 2007. 5. A custody conciliation report and subsequent court Order were entered by this Honorable Court on July 24, 2008. 6. Under the current Order, Mother is required to provide the majority of the transportation for custody exchanges. She lives approximately 28 miles away from Father's home. 7. Since the entry of the last Order, Father has refused to appear at the exchange points as scheduled and has been extremely uncooperative regarding discussing a change in transportation. t 8. When the children are in Father's care, he refuses to transport the children to their activities and has indicated he will not transport the older child to his part-time job. 9. Father has refused to follow through with counseling, to repair his relationship with the older child, which was previously discussed and agreed upon by the parties. 10. Due to his non-cooperation and repeated detrimental statements about Mother, Father has not availed himself of his periods of physical custody as provided in the prior Order and his relationship with the children has suffered. 11. Mother is seeking a modification of the custody order, which provides shared transportation, and a reduced schedule of physical custody for father, so that Mother can assure safety and stability for the children and ensure that they attend their scheduled activities and employment. 12. Mother believes that the modification request will be in the children's best interest. WHEREFORE, Plaintiff requests the court to modify the current custody order regarding the children. Respectfully submitted, Date:<inj to/oq ne Adams, Esquire No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF .y VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Y'!?-O Michelle E. Clouse, Petitioner Fl?) i f r ' °2y 2u? 9?J, r; t tv 4 70.00 P 0 ATr/ &*San ?*aagg? MICHELLE E. DICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 1260 Civil Term JASON L. DICK, IN CUSTODY Defendant MOTION FOR CONTINUANCE AND NOW comes the Plaintiff/Petitioner, Michelle E. Clouse, formerly known as Michelle E. Dick, by and through her Attorney, Jane Adams, and respectfully represents the following: 1. Plaintiff is Michelle E. Clouse, formerly known as Michelle E. Dick, and hereinafter referred to as "Mother"); her address is 8500 Fort Robinson Road, Ickesburg, Perry County, Pa., 17037. 2. Defendant is Jason L. Dick, (hereinafter referred to as "Father"); he is pro se and he resides at 1860 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania, 17241. 4. The parties are currently subject Orders of Court, dated September 17, 2007 and July 24, 2008. 5. Father recently filed a petition for contempt against Mother. A conciliation was held on July 23, 2009. A hearing on that matter is currently scheduled before this Honorable Court for August 24, 2009 at 1:00 p.m. 6. On August 10, 2009, Mother filed a Petition to Modify the Orders under the above-captioned docket number. 7. A conciliation date has not yet been schedule regarding Mother's Petition to Modify. 8. As of today's date, Mother's counsel is currently scheduled to appear before the Honorable Judge Edgar Bayley on another custody matter on August 24, 2009 at 1:30 p.m. Such hearing date was scheduled in an Order of Court entered March 11, 2009. 9. Mother is requesting a continuance due the pending conciliation date to be scheduled on her Petition for Modification and her Counsel's schedule conflict. 10. A continuance would promote judicial economy, in that, if the parties cannot resolve their issues at the upcoming conciliation, the Court could schedule one hearing date to take testimony regarding both the Modification request and Contempt Petition. 11. This matter was previously assigned to Judge Guido. 12. Father is Pro Se. It is assumed that he does not agree with the continuance request due to his prior communications and non-cooperation. WHEREFORE, Plaintiff, Michelle E. Clouse, respectfully requests that this Honorable Court grant a continuance of this matter. Respectfully submitted, Date: $ 1 a 1 Ja Adams, Esquire No. 79465 1 W. South St. -Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER MICHELLE E. CLOUSE CERTIFICATE OF SERVICE AND NOW, this August 11, 2009, I, Jane Adams, Attorney for Mother, Michelle E. Clouse, hereby certify that a copy of Mother's MOTION has been duly served upon the Father by placing such in the custody of the United States Postal Service, via certified mail, postage pre-paid addressed to: Jason Dick 1860 Walnut Bottom Rd. Newville, Pa. 17241 PRO SE 4ne Adams, Esquire IF No. 79465 7 W. South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER 20109 AUG ; 1 F I?21 -14 `` IM, r - MICHELLE E. DICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON L. DICK DEFENDANT 2006-1260 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 12, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 03, 2009 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. 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/ ac ueline M. Verne Es . 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 t r! 12 1 a ), ?' • /a -p5% Gam- G?, ??`? ?` ??` ??? } 0 MICHELLE E. DICK, Plaintiff vs. JASON L. DICK, Defendant AUG ,z2009y 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 1260 Civil Term IN CUSTODY ORDER OF COURT AND NOW, this 13 day of , 2009, , upon consideration of the attached Petition for Continuance, it is hereby ORDERED and DECREED that the hearing currently scheduled for August 24, 2009 at 1:00 p.m. is continued to the day of 2009 at ?• ud 0WJp.m. on Courtroom No. of the Cumberland County Courthouse BY TbFE COURT: J. cc: /ane Adams, Esquire /son Dick, father, pro se J Z NI AUG 1 4 AM S.- 43 "W&U 3 ydi MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of ?;? , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The hearing scheduled for September 17, 2009 at 1:00 p.m. is hereby cancelled. Father's Petition for Contempt is hereby withdrawn with prejudice. 2. The prior Orders of Court dated September 17, 2007 and July 24, 2008 are hereby vacated and replaced with the following. 3. The Mother, Michelle E. Dick and the Father, Jason L. Dick, shall have shared legal custody of Cody A. Dick, born March 28, 1994 and Caleb L. Dick, born March 14, 2009. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. During the school year, Mother shall have primary physical custody of the children. 5. During the school year, Father shall have periods of partial physical custody three weekends every month, the first, third and fourth weekends. Weekends shall begin on Friday at 6:00 p.m. and end on Sunday at 6:00 p.m. In the event that there is a school holiday on Friday or Monday that coincides with Father's weekend, Father's weekend shall begin on Thursdays and/or end on Mondays, as the case may be at 6:00 p.m. In the event there are in-service days or other holidays during the school year other than a Friday or Monday, Mother shall contact Father and offer said custodial time to him. 6. It is noted that Cody is 15 years old and currently has a part time job. Father acknowledges that his custodial time with Cody will be at Cody's discretion. 7. During the summer of 2010, beginning the first day after the last day of school, Father shall have primary physical custody of the children and Mother shall have alternating weekends, from Friday at 6:00 p.m. to Sunday at 6:00 p.m. Mother shall also be entitled to one full week in the summer to coincide with her already scheduled weekend, provided she give Father 30 days prior notice. 8. For all succeeding summers, the parents shall have shared physical custody on a week on/week off schedule with Friday at 6:00 p.m. being the exchange day and time. However, in the event that Mother violates any provision of this custody order and is thereby in contempt of it, the physical custody arrangement for 2010 shall continue for succeeding summers. 9. The Thanksgiving holiday shall be defined as Wednesday at 6:00 p.m. to Monday at 6:00 p.m. The parties shall alternate the Thanksgiving holiday with Mother having even numbered years and Father having odd numbered years. 10. The parties shall have reasonable telephone contact with the children. The custodial parent shall initiate the call to the non-custodial parent every Tuesday and Thursday at 8:00 p.m. 11. Transportation shall be shared such that the receiving party shall transport. Neither party will exit their vehicle during exchanges. 12. Father acknowledges that Caleb is currently enrolled in baseball and may in the future be enrolled in other extracurricular activities. Father shall transport Caleb to his practices and games and other activities provided Father does not have a conflict in his schedule of a more important activity or event, such as vacation. 13. In the event that either party is not available to exercise their period of physical custody for more than four hours, they shall notify the non-custodial parent and offer said time to them. 14. Christmas. Father shall always have physical custody of the children on Christmas Eve until 10:00 p.m. Father shall also have physical custody of the children from the day after Christmas until New Year's Eve. 15. New Year's Eve. New Year's Eve to New Year's Day shall be alternated yearly with Father having the children New Year's Eve through New Year's Day, 2010. Times as agreed by the parties. 16. Mother's Day/Father's Day. Mother shall always have physical custody of the children on Mother's Day from 9:00 a.m. to 6:00 p.m. and Father shall always have physical custody of the children on Father's Day from 9:00 a.m. to 6:00 p.m. 17. Should a child be on any prescription or over-the-counter medications, the prescription medications shall be sent along with the child for the other party's period of custody. Moreover, should the child be on any over-the-counter medications, both parties shall be advised of the medication, the frequency with which the medication should be given, and the dosage. 18. Neither party shall smoke in the presence of the children or permit any other household members to smoke in the presence of the children. Neither party shall partake in alcoholic beverages to the point of intoxication or illegal drugs while the children are in their physical custody. 19. Neither party shall attempt to undermine the mutual love and affection that the children may have for the other parent and neither parent shall, in the presence of the children make any disparaging remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the children's education and social adjustment. Each party shall supply the name, address, and telephone numbers of any person in whose care the children will be in for a period in excess of forty-eight (48) hours. 20. Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decisions making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy- two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires consistent with the medical care of the child. 21. The parties shall use email to the extent practical to exchange information and messages regarding the children. 22. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parties are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 23. 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 Edward E. Guido, J. cc: Jae Adams, Esquire, Counsel for Mother /Jason L. Dick, pro se 1860 Walnut Bottom Road Newville, PA 17241 lidptlu /nat LL 9/409 MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A. Dick March 28, 1994 Mother Caleb L. Dick March 14, 2000 Mother 2. A Conciliation Conference was held in this matter on September 3, 2009 with the following in attendance: The Mother, Michelle E. Dick, with her counsel, Jane Adams, Esquire, and the Father, Jason L. Dick, pro se. 3. The Honorable Edward E. Guido previously entered Orders of Court dated September 17, 2007, July 24, 2008 providing for shared legal custody, Mother having primary physical custody during the school year with Father having three weekends per month and week on/week off in the summer. There is currently scheduled a hearing in front of Judge Guido for September 17, 2009 at 1:00 p.m. on Father's Petition for Contempt. 4. The parties agreed to an Order in the form as attached. Date ac eline M. Verney, Esquire Custody Conciliator FILED- WrICE YHc PI F , 7ARY 2009 SEP -9 PM 1: 16 PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON L. DICK, Docket No. 2006-1260 CIVIL ACTION LAW Plaintiff/Petitioner : V. MICHELLE E. DICK, Defendant/Respondent (In Custody) PETITION FOR CONTEMPT/ ENFORCE CUSTODY AGREEMENT AND NOW, this ? day of a40 LX:-:2r, 2009, comes Plaintiff/Petitioner, Jason L. Dick, and avers as follows: 1. Jason L. Dick, an adult individual who resides at 1860 Walnut Bottom Road, Newville, Pennsylvania, Cumberland County, Pennsylvania, is the Plaintiff/ Petitioner in the above-captioned matter (hereinafter referred to as "Father") 2. Michelle E. Dick (now Clouse), an adult individual who resides at 8500 Fort Robinson Road, Ickesburg, Pennsylvania, Perry County, Pennsylvania, is the Defendant/Respondent in the above-captioned matter (hereinafter referred to as "Mother") 3. Plaintiff and Defendant are the natural parents of the following children NAME DOB/AGE ADDRESS Cody A. Dick 3/28/94 (15) 8500 Fort Robinson Rd. Ickesburg, PA 17037 Caleb L. Dick 3/14/00(9) 8500 Fort Robinson Rd. Ickesburg, PA 17037 4. The Parties were married on May 20, 1994, in Sussex County, Delaware. 5. The Parties were divorced on August 28, 2007. 6. On Thursday, September 03, 2009 both the Father and Mother meet with Jacqueline M. Verney, Esq. for a Pre-Hearing Custody Conference for the First Contempt of Court filed on the Mother. An agreement was made between the Father and Mother on this day. A new Order of Custody was agreed upon to drop the first Contempt filing on the Mother. 7. The new Order of the Court was entered on September 9, 2009 (stamped on September 4, 2009). (Exhibit A) Paragraph 5 states: During the school year, Father shall have periods of partial physical custody three weekends every month, the first, third and fourth weekends. Weekends shall begin on Friday at 6:00 p.m. and end on Sunday at 6:00 p.m. In the event that there is a school holiday on Friday or Monday that coincides with Father's weekend, Father's weekend shall begin on Thursday and /or end on Mondays, as the case may be at 6:00 p.m. In the event there are in-service days or other holidays during the school year other than a Friday or Monday, Mother shall contact Father and offer said custodial time to him. 8. On October 2, 2009 at 5:09 p.m. Father received a phone call from Child (Caleb) his stomach had started hurting on his way home from school and he didn't want to come for weekend. Father told child (Caleb) he could come and if there was any problems he could take him to the doctor. Father asked Child (Caleb) if this was because of the Birthday party his mom had emailed about on Sunday. Father told child (Caleb) he hadn't answered his mother's email because he was waiting for Child (Caleb) to call on Tuesday or Thursday night as scheduled to discuss it with him and see what Child (Caleb) wanted to do. Being Father already had two events scheduled for Sunday. (Child (Caleb) never called on scheduled nights) Father told Child (Caleb) I never said you couldn't go to this party. Child (Caleb) got off the phone and Child (Cody) got on the phone. Child (Cody) stated you never answered Mom's email about the party and you didn't let Caleb go to his game last weekend. Child (Cody) stated Caleb isn't coming for the weekend. Father stated Caleb didn't want to go to the game last weekend and let me talk to your mother. It is not your place to be in the middle of this. Child (Cody) stated he was the big brother and he cared about Caleb. Father asked to speak to mother again and Child (Cody) stated his Mother wasn't going to talk to his Father. Child (Cody) stated Caleb isn't coming for the weekend. Father stated I will be there to pick him up at 6:00 p.m. as scheduled. Child (Cody) stated Caleb isn't coming and we won't be here. Father said again I will be there at 6:00 p.m. to pick up Caleb. Child (Cody) stated again Caleb isn't going and we won't be here. Child (Cody) then hung the phone up on Father. 9. On October 2, 2009 at 6:00 p.m. Father went to the Mother's house to pick up children (as scheduled) and no one came out. Father waited a period of time and left. Father had passed the Mother's boyfriend's truck at 5:41 p.m. on his way into the Mother's house. 10. In the new Order of the Court (Exhibit A) Paragraph 8 states: For all succeeding summers, the parents shall have shared physical custody on a week on/ week off schedule with Friday at 6:00 p.m. being the exchange day and time. However, in the event that Mother violates any provision of this custody order and is thereby in contempt of it, the physical custody arrangement for 2010 shall continue for succeeding summers. 11. In the new Order of the Court (Exhibit A) Paragraph 10 states: The parties shall have reasonable telephone contact with the children. The custodial parent shall initiate the call to the non-custodial parent every Tuesday and Thursday at 8:00 p.m. Mother has not had child (Caleb) make these phone calls. Mother states in email that Caleb is 9 years old and can call when he wants. Mother states she will remind him to call, but won't make him call. (Exhibit B) Child (Caleb) states to Father when asked why he didn't call, I was watching TV and forgot. 12. Father is requesting that the Honorable Court grant him primary physical custody of child (Caleb). Mother is continuously in blatant contempt of every Order this Honorable Court has made. Father knows by statements made by child (Caleb) there are negative statements being made about Father in Mother's house and that Child (Caleb) is being encouraged not to come with Father or have anything to do with Father. Mother is making plans on Father's weekend and telling Caleb what he will miss out on if he goes with Father, making Child (Caleb) not want to come to Father's house for the weekend. Instead of encouraging child to spend time with his Father, Mother's household is continuously encouraging child (Caleb) not to do anything with his Father. Father feels Child (Caleb) is being turned against him just like Child (Cody) was and Father doesn't want his relations with Child (Caleb) to suffer the way it has with Child (Cody) because of this. Father states Child (Caleb) is fine on the weekends he is with him and very happy. Father states he has lost enough time with his child! Because of this lost time and statements being made in the Mother's house, this is making Child (Caleb) not want to come. Father feels because Mother refuses to Honor what the Honorable Court has Ordered and that no one can get the negative behavior against Father to stop in the Mother's household, it is best for Child (Caleb) to come stay with Father to save the relationship with Child (Caleb). Father feels that if this doesn't happen he will lose his relationship with his son, if Child (Caleb) is left in Mother's household. Father states he knows that Child (Caleb) would have to change schools, but wants the court to know Child (Caleb) has lots of friends here and was in this school district up to the time his Mother moved. Father lives right across drive way from the Grandparents and Child (Caleb) has a baby half sister in this household. Child (Caleb) has his own room in his Father's house. Father feels that if given this chance child (Caleb) can have a relationship with Father without Mother's household trying to stop the relationship all together. 13. Father believes that the change of household will be in the best interest of child. Father feels that the Mother is putting child (Caleb) in the middle and making him choose which parents he wants to spend time with and that is hard on Child (Caleb). 14. Father request that the Honorable Court grant him this request and help him save his relationship with his son. Respectfully submitted by: ason L. Dick EXHIBIT A MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, . Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH-CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A. Dick March 28, 1994 Mother Caleb L. Dick March 14, 2000 Mother 2. A Conciliation Conference was held in this matter on September 3, 2009 with the following in attendance: The Mother, Michelle E. Dick, with her counsel, Jane Adams, Esquire, and the Father, Jason L. Dick, pro se. 3. The Honorable Edward E. Guido previously entered Orders of Court dated September 17, 2007, July 24, 2008 providing for shared legal custody, Mother having primary physical custody during the school year with Father having three weekends per month and week on/week off in the summer. There is currently scheduled a hearing in front of Judge Guido for September 17, 2009 at 1:00 p.m. on Father's Petition for Contempt. 4. The parties agreed to an Order in the form as attached. Date ac eline M. Verney, Esquire Custody Conciliator 3 MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of ?;4? , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The hearing scheduled for September 17, 2009 at 1:00 p.m. is hereby cancelled. Father's Petition for Contempt is hereby withdrawn with prejudice. 2. The prior Orders of Court dated September 17, 2007 and July 24, 2008 are hereby vacated and replaced with the following. 3. The Mother, Michelle E. Dick and the Father, Jason L. Dick, shall have shared legal custody of Cody A. Dick, born March 28, 1994 and Caleb L. Dick, born March 14, 2009. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. During the school year, Mother shall have primary physical custody of the children. 5. During the school year, Father shall have periods of partial physical custody three weekends every month, the first, third and fourth weekends. Weekends shall begin on Friday at 6:00 p.m. and end on Sunday at 6:00 p.m. In the event that there is a school holiday on Friday or Monday that coincides with Father's weekend, Father's weekend shall begin on Thursdays and/or end on Mondays, as the case may be at 6:00 p.m. In the event there are in-service days or other holidays during the school year other than a Friday or Monday, Mother shall contact Father and offer said custodial time to him. 6. It is noted that Cody is 15 years old and currently has a part time job. Father acknowledges that his custodial time with Cody will be at Cody's discretion. 7. During the summer of 2010, beginning the first day after the last day of school, Father shall have primary physical custody of the children'and Mother shall have alternating weekends, from Friday at 6:00 p.m. to Sunday at 6:00 p.m. Mother shall also be entitled to one full week in the summer to coincide with her already scheduled weekend, provided she give Father 30 days prior notice. 8. For all succeeding summers, the parents shall have shared physical custody on a week on/week off schedule with Friday at 6:00 p.m. being the exchange day and time. However, in the event that Mother violates any provision of this custody order and is thereby in contempt of it, the physical custody arrangement for 2010 shall continue for succeeding summers. 9. The Thanksgiving holiday shall be defined as Wednesday at 6:00 p.m. to Monday at 6:00 p.m. The parties shall alternate the Thanksgiving holiday with Mother having even numbered years and Father having odd numbered years. 10. The parties shall have reasonable telephone contact with the children. The custodial parent shall initiate the call to the non-custodial parent every Tuesday and Thursday at 8:00 p.m. 11. Transportation shall be shared such that the receiving party shall transport. Neither party will exit their vehicle during exchanges. 12. Father acknowledges that Caleb is currently enrolled in baseball and may in the future be enrolled in other extracurricular activities. Father shall transport Caleb to his practices and games and other activities provided Father does not have a conflict in his schedule of a more important activity or event, such as vacation. 13. In the event that either party is not available to exercise their period of physical custody for more than four hours, they shall notify the non-custodial parent and offer said time to them. 14. Christmas. Father shall always have physical custody of the children on Christmas Eve until 10:00 p.m. Father shall also have physical custody of the children from the day after Christmas until New Year's Eve. 15. New Year's Eve. New Year's Eve to New Year's Day shall be alternated yearly with Father having the children New Year's Eve through New Year's Day, 2010. Times as agreed by the parties. 16. Mother's Day/Father's Day. Mother shall always have physical custody of the children on Mother's Day from 9:00 a.m. to 6:00 p.m. and Father shall always have physical custody of the children on Father's Day from 9:00 a.m. to 6:00 p.m. 17. Should a child be on any prescription or over-the-counter medications, the prescription medications shall be sent along with the child for the other party's period of custody. Moreover, should the child be on any over-the-counter medications, both parties shall be advised of the medication, the frequency with which the medication should be given, and the dosage. 18. Neither party shall smoke in the presence of the children or permit any other household members to smoke in the presence of the children. Neither party shall partake in alcoholic beverages to the point of intoxication or illegal drugs while the children are in their physical custody. 19. Neither party shall attempt to undermine the mutual love and affection that the children may have for the other parent and neither parent shall, in the presence of the children make any disparaging remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the children's education and social adjustment. Each party shall supply the name, address, and telephone numbers of any person in whose care the children will be in for a period in excess of forty-eight (48) hours. 20. Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decisions making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy- two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires consistent with the medical care of the child. 21. The parties shall use email to the extent practical to exchange information and messages regarding the children. 22. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Order. Both parties are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 23. 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 Edward E. Guido, J. cc: Jane Adams, Esquire, Counsel for Mother Jason L. Dick, pro se 1860 Walnut Bottom Road Newville, PA 1.7241 In Testimony wherw, i hm unto set my hark ih oft said Copq at Carosie, Psk ?Qri EXHIBIT Re: Caleb's game Monday, September 14, 2009 3:42 PM From "Michelle Clouse" < michelleclouse9l @yahoo. corn> To: "Jason Dick" jasondickl971Calyahoo.com The coaches names are the same as spring ball Dirks Koser 536-3180,Jerry Screffler I will have to get you his cell phone number,and Corey is number three you already know our phone number. Also I got a new cell phone number 437-3716 my old number will not be in use after 9/17. I will bring calebs stuff this weekend and next week I will send his stuff with him. I alw reming Caleb what day it is and he does not want to call he uses the phone whenever he wants i From: Jason Dick <jasondick1971@yahoo.com> To: Michelle Clouse <michelleclouse9l@yahoo.com> Sens: Sunday, September 13, 2009 8:59:47 PM Subject: Re: Caleb's game Still need to get the information for the coach from you. I requested it from you in the last email and you haven't provided it. This information should have been included with the paperwork you gave me but wasn't. Also if you send his uniform on Friday he can be dressed for the game when I bring him, instead of having to change in your car in the parking lot. If you are worried as you have said before about how we might wash the uniform or not return it. We can have Caleb change and give it to you before we leave from the game. Just didn't want there to be an issue like last year when you weren't there on time and he needed to take pictures. Caleb was crying and very upset when that happened. I know you said you went to the wrong field because you were given wrong info. But that hurt him when the whole rest of the team was there in uniform and he wasn't because you wouldn't let him bring his uniform here. If he would have had it here it wouldn't have been an issue because he would have had it on. I was never given a time frame he needed to be there before a game. Now that I know I will make sure he is there. Please remember the boys are to call Tuesday and Thursday night at 8 pm. I did ask in my last email why they didn't call and you didn't give me an answer. I asked Caleb this weekend and he said you guys were home and he was watching TV and forgot. Please remind them this week so we might get things back on schedule. Thank you for your time addressing these matters Re: Caleb's game Tuesday, September 15, 2009 8:30 AM From: "Michelle Clouse" < michel leclouse9 I @yahoo. corn > To: "Jason Dick" <jasondick1971@yahoo.com> I did not take any time from you. Caleb is the one you need to talk to. Instead of forceing him to do what he doesnt want to do you should listen and then mabe you could be a bigger part of his life. You tried to force cody and now he doesnt have anything to do with you. I have never not let them call you or see you. They use the phone all the time they call your mom and grandparents when they want if they want to call you they can anytime they want. You said you dont force them to do things they dont want to well im not either except for caleb coming there on the weekends because he does not want to come three weekends a month he wanted to come every other which i asked for and you said no. He is already upset about that and then you have no clothes there that fit him he wore the same underwear all weekend that will not happen again. You need to look at things from calebs point of view and not yours. He has friends here and we do stuff every weekend that he likes to do this weekend is a westperry football game friday night he misses going hunting and spending the night at his friends houses. Try thinking about all this from his perspective. I know you want to be a part of his life but look at cody you have pushed him to the point he barely talks to you and i would hate for the same thing to happen with caleb. ou need to realize its you and not me. I promised caleb at court i would ask for every other weekend and i did i also told him he had to tell you what he wants because you dont listen. I will tell him its tues. and to call but i wont dial the phone thats his responsibility. From: Jason Dick <jasondick1971@yahoo.com> To: Michelle Clouse <michelleclouse9l@yahoo.com> Sent: Monday, September 14, 2009 7:00:47 PM Subject: Re: Caleb's game Thanks for the coaches numbers. Caleb gave me your new cell phone number after I picked him up. I was trying to reach you because he stated your lab top had a virus and you weren't getting your emails. I had tried the house phone and then your new number with no answer. As for the phone calls each week. I thought Jacqueline had indicated you were responsible to have him call. Just like it will be my responsibility when he is with me over the summer. I do want to be apart of their lives and you have taken alot of time from me. I need to make that time up with them. I like hearing from them throw the week. Just like you will like hearing from them over the summer. RtED- OF' ICE OF THE PFG 7-?"", 3?ARY 2009 OCT -5 PH 2: 3 3 Mry Cv?? ?J JASON L. DICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE E. DICK DF.FFNDANT 2006-1260 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 07, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 10, 2009 at 9:30 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. FOR THE COURT. By: /s/ ac ueline M. Verne Es . 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 1 ? a ' rm? .fit 'C_ ?, -,, ,rs-yf 3Y -j i{_ I. 2GG9 QC i -8 A 1 '1- 49 CO 1-7 L {Y =:Vv? C°t Y i 1c ,( t?G,t LUUy ?? MICHELLE E. DICK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Defendant/Petitioner : IN CUSTODY ORDER OF COURT AND NOW, this -? ?t of 0 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 Co House, on the / q 0`? day of Q"fit , 2000, at 3 D O o'clock, M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving parry and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each parry's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated September 9, 2009 shall remain in full force and effect with the following modifications. 3. The parties shall have reasonable telephone contact with the children. The custodial parent shall initiate the call to the non-custodial parent every Tuesday and Thursday at 6:30 p.m. 4. Transportation shall be shared such that the receiving party shall transport. Pick up for Father shall be at Dobbs Produce in Loysville, Pennsylvania. Mother shall pick up the child at Father's residence. 5. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY Edward E. Guido, cc:,Ydtie Adams, Esquire, counsel for Mother .//Jason Dick, pro se 1860 Walnut Bottom Road n _ Newville, PA 17241f t f s i'Y1.? 'LL io1'a.s`q ?=rv) J. MICHELLE E. DICK, Plaintiff/Respondent V. JASON L. DICK, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1260 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A. Dick March 28, 1994 Mother Caleb L. Dick March 14, 2000 Mother 2. A Conciliation Conference was held October 27, 2009 with the following individuals in attendance: The Father, Jason L. Dick, pro se, and the Mother, Michelle E. :Dick (Clouse), with her counsel, Jane Adams, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court on September 9, 2009 providing for shared legal custody, Mother having primary physical custody with Father having three weekends out of every four during the school year and week on/week off during the summer. Father filed a Petition for Contempt alleging Mother failed to transfer Caleb on October 2, 2009 weekend and has failed to have Caleb call on Tuesdays and Thursdays. 4. Father's position on custody is as follows: Father seeks to have Mother held in contempt for her failure to transfer Caleb the weekend of October 2, 2009. He also asserts that Mother violated the Court Order by failing to initiate calls to Father on Tuesdays and Thursdays. 5. Mother's position on custody is as follows: Mother denies the allegations of contempt. She claims the child was sick on October 2, 2009. The child did attend his baseball game the next day which Father attended and took pictures. Father did not ask to exercise physical custody after the baseball game. Mother also asserts that the child goes to sleep before the 8:00 p.m. telephone calls. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Orders with two modifications. It is expected that the Hearing will require one day. Date Jacq line M. ?Vemey, Esquire Custody Conciliator FILED-&t ICE OF THE PROTH 'NOTARY 2009OCT 28 AM 11: 37 r :. MICHELLE E. DICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 1260 Civil Term JASON L. DICK, :CUSTODY Defendant PETITION FOR MODIFICATION AND NOW comes the Plaintiff/Petitioner, Michelle E. Dick, by and through her attorney, Jane Adams, and respectfully represents the following: 1. Plaintiff is Michelle E. Clouse, formerly known as Michelle E. Dick, who lives at 8500 Fort Robinson Road, Ickesburg, Pa., 17037. (hereinafter referred to as "Mother"). 2. Defendant is Jason L. Dick, (hereinafter referred to as "Father"); he resides at 1856 Walnut Bottom Road, Newville, Pa: 17241. He is pro se. 3. The parties are the natural parents of two children, namely: Cody Allen Dick, date of birth, March 28, 1994; age 15, and Caleb Lee Dick, date of birth, March 14, 2000, age 9. 4. A custody Order has been in effect since September 9, 2009, whereby Mother has had primary custody of the children. 5. Under the custody Order, father has three weekends per month with the younger child, Caleb Dick. 6. Mother has recently become aware that Father is spending substantial times at work and with friends and not with the child on his custodial weekends. 7. In addition, Father refuses to take the child to his social and extracurricular events during his custodial periods. w 8. The current court Order is not in the best interest of the child. 9. Mother is requesting that the current court Order be modified to lessen Father's time, better accommodate the child's schedule and provide Mother with additional weekends, as Father does not avail himself of the time he has with the child during his custodial periods. WHEREFORE, Plaintiff, Michelle E. Dick, respectfully requests that this Honorable Court schedule a hearing date in this matter. Respectfully submitted, oate „3109 J ne Adams, Esquire Y.D. No. 79465 17 West South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER MICHELLE E. DICK VERIFICATION I verify that the statements made in this PETITION are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. (R! Date: rI a 7 Michelle E. C,?-oO-Se's, Pe;Hf foner / 6 RPD-,V' l!;r ,Or Trl-,-ti,`tt?T 2009NOY -4 A 9: 24 cum,", a -y PE iN C,k- 5 9 01 23ag3G' MICHELLE E. DICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JASON L. DICK DEFENDANT 2006-1260 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 10, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at_ _ 4th Floor, Cumberland County Courthouse, Carlisle on Monday, November 23, 2009 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. 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/ Jacqueline M. Verney, Esq. Custody Conciliator i The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact 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 r`" :i, M O_+.i f f /j .Z I (?`t _ (2&24 , l..Cj(? ,-- l l er.C. L 4 0,1,11? J, &d, S 1 I)Ezx" ts R6 Y' h NOV [ 4 2009 !Z MICHELLE E. DICK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/ Petitioner V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, . Defendant/ Respondent : IN CUSTODY ORDER OF COURT AND NOW, this Z 4plk day of jq rrsw-?? , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in ourt Room No. 3 , of the Cumberland County Court House, on the / ay of L)A , 200 P, at 3 0 D o'clock, P. M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party, or the party, shall file with the Court and opposing counsel or the party, a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated September 9, 2009 and October 28, 2009 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. THE Edward E. Guido, J. cc: Jane Adams, Esquire, counsel for Mother Jason Dick, pro se 0 9 1860 Walnut Bottom Road Newville, PA 17241. MICHELLE E. DICK, Plaintiff/ Petitioner V. JASON L. DICK, Defendant/ Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-1260 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A. Dick March 28, 1994 Mother Caleb L. Dick March 14, 2000 Mother 2. A Conciliation Conference was held November 23, 2009 with the following individuals in attendance: The Father, Jason L. Dick, pro se, and the Mother, Michelle E. Dick (Clouse), with her counsel, Jane Adams, Esquire. 3. The Honorable Edward E. Guido previously entered Orders of Court on September 9, 2009 and October 28, 2009 providing for shared legal custody, Mother having primary physical custody with Father having three weekends out of every four during the school year and week on/week off during the summer. Mother filed a Petition for Modification alleging that Father is not always home to avail himself of the time with Caleb. There is currently scheduled a hearing before the Honorable Edward E. Guido on December 14, 2009 at 3:00 p.m. on Father's previously filed Contempt Petition. 4. Mother's position on custody is as follows: Mother seeks to reduce Father's weekends since he is often not at home when Caleb is in his physical custody. Mother wishes to have both children speak to the Judge. 5. Father's position on custody is as follows: Father requests the status quo be maintained. He denies Mother's allegations. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior orders. Counsel requests one day for a hearing. Date A e acq line M. Verney, Esquire Custody Conciliator FILE L it Ca E; THE nrz, 2009 NOV 25 A 10: 2 f NE.NNSYCV i'' IA MICHELLE E. DICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Defendant IN CUSTODY IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 14th day of December, 2009, after hearing, petition for contempt is d'_ ssed. By t Court, Edward E. Guido, J. Jane Adams, Esquire For the Plaintiff Jason L. Dick, pro se 1860 Walnut Bottom Road Newville, PA 17241 : ml c ?S /YIP- L l?cL f8 0? . ATIARY OR-T! 2099 DES; 18 PH 3: 4 9 p`i't" ?+ 3 MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, Defendant : IN CUSTODY IN RE: PETITION FOR MODIFICATION ORDER OF COURT AND NOW, this 14th day of December, 2009, after hearing, paragraph 5 of our order dated September 9, 2009, is modified to add the following sentence: During his weekends, Father shall assure that Caleb or Cody or whichever is visiting or both shall spend at least two hours visiting with his or their paternal grandmother. In all other respects, the order of September 9, 2009, shall remain in full force and effect. By the Court, Edward E. Guido, J. Jane Adams, Esquire For the Plaintiff Jason L. Dick, pro se 1860 Walnut Bottom Road Newville, PA 17241 :mlc n LL i -F T?7 2009 DE-C 22 All 10: 11, JANE ADAMS • " ? - ATTORNEY AT LAW C' UU fT?-' . Attorney I.D. No. 79465 I M 17 W. South St. r' Carlisle, Pa. 17013 n (717) 245-8508 ' ern esaadams@gmail.com n c ? N MICHELLE E. DICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 1260 Civil Term JASON L. DICK, :CUSTODY Defendant PETITION FOR MODIFICATION AND NOW comes the Plaintiff/Petitioner, Michelle E. Clouse, formerly known as Michelle E. Dick, by and through her Attorney, Jane Adams, and respectfully represents the following: 1. Plaintiff is Michelle E. Clouse, formerly known as Michelle E. Dick, who lives at 8500 Fort Robinson Road, Ickesburg, Pa., 17037. (hereinafter referred to as "Mother"). 2. Defendant is Jason L. Dick, (hereinafter referred to as "Father"); he resides at 1856 Walnut Bottom Road, Newville, Pa. 17241. He is pro se. 3. The parties are the natural parents of two children, namely: Cody Allen Dick, date of birth, March 28, 1994; age 15, and Caleb Lee Dick, date of birth, March 14, 2000, age 9. 4. A custody Order has been in effect since September 9, 2009, whereby Mother has had primary custody of the children. 5. A hearing was held regarding this matter on December 14, 2009. A court Order issued at that hearing directed that "Father shall assure that Caleb or Cody or whichever is visiting or both shall spend at least two hours visiting with their paternal grandmother." A copy of that Order is attached as Exhibit A. p- t/D f 04,ms ?«5"t3? # 041 ;-3ee 100 % 6. Under the custody Order, father has three weekends per month with the younger child, Caleb Dick. 7. Over the Christmas holidays, Mother has became aware that Father was not letting Caleb visit his grandmother and still is spending substantial times at work and with friends and not with the child on his custodial weekends. 8. In addition, Father has refused to take the child to his social and extracurricular events during his custodial periods. 9. The current court Order is not in the best interest of the children. 10. Mother is requesting that the current court Order be modified to lessen Father's time, provide Grandmother with more time, better accommodate the child's schedule and provide Mother with additional weekends, as Father does not avail himself of the time he has with the child during his custodial periods. WHEREFORE, Plaintiff, Michelle E. Dick, now known as Michelle E. Clouse, respectfully requests that this Honorable Court schedule a hearing date in this matter. Respectfully submitted, Date: I /? 116 bane Adams, Esquire ( D. No. 79465 17 West South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER MICHELLE E. CLOUSE MICHELLE E. DICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, IN RE: PETITION FOR MODIFICATION ORDER OF COURT AND NOW, this 14th day of December, 2009, after hearing, paragraph 5 of our order dated September 9, 2009, is modified to add the following sentence: During his weekends, Father shall assure that Caleb or Cody or whichever is visiting or both shall spend at least two hours visiting with his or their paternal grandmother. In all other respects, the order of September 9, 2009, shall remain in full force and effect. Defendant : IN CUSTODY By the Court, ?Y Edward E. Guido, J. Jane Adams, Esquire For the Plaintiff Jason L. Dick, pro se 1860 Walnut Bottom Road Newville, PA 17241 till c VERIFICATION I verify that the statements made in this PETITION are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 14 Date. ( Michelle E. Clouse, Plaintiff MICHELLE E. DICK IN THE COURT OF '-'ONIMON PLEAS OF PLAINTIFF C'UMBFRI,AND COUNTY, PENNSYLVANIA V 2006-1260 CIVIL AC I-ION I_AW` JASON L. DICK IN CUSTODY 1) 1:1 `1'NDANT ORDER OF COURT AND NOON , Thursda , January 14, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaolueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 02, 2010 at 9:30 AM fora Pre-IicariM1 Custody Conterenee. At suci? conference, an eti*ort \\'ill be made to resol?c t11e 1"';I Cs in dispute; or ifthis cannot he accornplisllcd, 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 Prounds for enU-v ofa t-,mporarv or pcrrntan mt order. The court hereby directs the parties to furnish any, and all existing; °rotection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin(f. FOR THE COURT, E3v: /s/ .Jacqueline M. Verne 1 Esc.1 C ustodv Conciliator The Court of Common Pleas of Cumberland County is required by law to cornpl? with the Americans ith Disahilite5 Act of 1990. For information about accessible facilities ar d reasonable accommodations availahic 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 c ourt You must attend the scheduled conference or :hearine. YOL? SHOULD TAKE THIS PAPER TO YOUR ATTORNEY A-IONCE. IF YOU DO NOT I IAVF: AN AT I ORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONL: THE OFI K I_ SE:T 101 TH 1 131'1,( )\,1 FO FIND OUT WIIERE YOU CAN (it' I' I+-(;AL I W1. " Cumberland County Bar Associa ion 32 South E3edford Street Carlisle, Pennsylvania 1-'013 Telephone (717) 249-3 166 EJit? ast?tii ? t, P ? 7 tat 9, I r- 3 FEB 0 3 7Uln 6 MICHELLE E. DICK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/ Petitioner V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, . Defendant/ Respondent : IN CUSTODY ORDER OF COURT AND NOW, this 41 day of FRA?!? , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No.? , of the Cumberland County Court House, on the 7 a day of , 2010, at _ o'clock, _A . M., at which time testimony will be t en. For purposes of this Heanng, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party, or the party, shall file with the Court and opposing counsel or the party, a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated September 9, 2009 and December 14, 2009 shall remain in full force and effect with the following modification. 3. On Father's weekends, if he is not available to be with the child/children for two hours or more, he shall contact the paternal grandmother, as soon as practical as he is aware of his unavailability, and offer said time to paternal grandmother. 4. There shall be no restrictions on where paternal grandmother may exercise her periods of physical custody. 5. The parties may modify this Order by mutual agreement. of mutual consent, the terms of this Order shall corjgp T, X Edward E. cc: Ze Adams, Esquire, counsel for Mother ./Jason Dick, pro se 1860 Walnut Bottom Road Newville, PA 17241 ?o maLLL 7'r''1 In the ab? nceN C o 'fit F'-T <?? r 0 z w d MICHELLE E. DICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-1260 CIVIL ACTION - LAW JASON L. DICK, : IN CUSTODY Defendant PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Cody A. Dick March 28, 1994 Mother Caleb L. Dick March 14, 2000 Mother 2. A Conciliation Conference was held February 2, 2010 with the following individuals in attendance: The Mother, Michelle E. Dick, with her counsel, Jane Adams, Esquire, and the Father, Jason L. Dick, pro se. 3. The Honorable Edward E. Guido previously entered Orders of Court dated September 9, 2009 and December 14, 2009 providing for shared legal custody, Mother having primary physical custody with Father having three weekends per month and paternal grandmother having at least two hours during Father's weekends. Mother filed a Modification Petition. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody, with Father having alternating weekends. Mother asserts that Father frequently is not at home on his weekends. She further asserts that he has imposed a restriction on the paternal grandmother's time in that she can only exercise her 2 hours at the paternal great grandmother's house which is across the street from Father. Alternatively Mother requests fewer restrictions on paternal Grandmother's time. 5. Father's position on custody is as follows: Father seeks to maintain the status quo. He asserts that when he is not home, the child is with his wife and half siblings. He opposes more time with paternal Grandmother 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order with a babysitting clause for paternal grandmother. It is expected that the Hearing will require one-half day. -Z Date A' v cqu ine A Verney, Esquire Custody Conciliator MICHELLE E. DICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIR ? o vs. No. 06 - 1260 Civil Term 70 f_. JASON L. DICK, :CUSTODY N Defendant= -: 2-1 i?CZ C J STIPULATION AND NOW, this Day of April, 2010, the parties hereby stipulate and agree as follows: 1. Beginning the Friday after the 2009-2010 school year, and continuing on through one week before the 2010-2011 school year, Father shall have physical custody of the parties' child, Caleb Dick, with Mother to have the child two weekends a month. Mother's weekend shall be the first and third of every month. For summer exchanges, the receiving party shall transport the child to the exchange point at 6 p.m. This summer schedule shall also be in effect for 2011. 2. During the school year, Father shall continue to have Caleb three weekends per month, as provided in the prior orders. His weekends shall be the first, third, and fourth of every month. The party with physical custody on a day when the child has an extracurricular activity shall transport the child to that activity. If the parent with physical custody cannot transport the child to and from the event, on the day of event, then he or she will offer the preceding overnight to the other parent, if such would save the receiving parent an extra trip. 3. The parties acknowledge that they share legal custody of the child and affirm that they will continue to communicate regarding major issues and events in the child's life. Mother agrees to continue to provide Father with schedules of the child's games and contact information for the child's coaches, as soon as such information is available to her. 4. During the summer, Mother shall provide grandmother with two hours of custody of Caleb per weekend during her period of physical custody. 5. The parties' petitions for contempt and modification are withdrawn and other than as provided herein, the prior orders shall remain in effect. WITNESSETH: t ?rl? Srn i Mich a Clouse, Mother a / ? a MICHELLE E. DICK, Plaintiff vs. APR 2 2 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 06 - 1260 Civil Term JASON L. DICK, :CUSTODY Defendant ORDER AND NOW, this a 3 Day of April, 2010, due to the parties' attached stipulation, the hearing scheduled for April 22, 2010 is cancelled, and the stipulation is hereby entered and incorporated into this Order of Court. , rQ cc: Jas Dick, father, self-represented ?C (.tom Jane Adams, Esquire, for mother r: xY Pt,es O Q a N N 3 i FIG r- rn f ;j m