HomeMy WebLinkAbout97-00090
",nOll..n
LAw OFFICE
JAMES, SMITH, DURKIN & CONNELLY, LLP
p. Q BOX 6lO
HERSIlEY. PENNSYLVANIA 1103HJ6lO
WI HIRU" CUTI'" THAT THI W.fTHIN II 5
A T'UI AND CORRICT CO,., 0' THI
ORIGINAL 'ILI:D IN THtl ACTION
"'
TO
vou UI HI"IIY NOTI'IIO TO 'LUD TO
THI INCLOIID WITHIN
TWINTY 120t DAn 0' IINVlel HINIO' 0"
A Dlr4ULT JUDQMINT M"" IIINTIRID
A04lNIT VOU
"'
",nOMlIV
~tjJ
uH 13 III, ltl:~,\ 1'.\1 717 731 2lUI
reo lIS11ERWRITINr.
fal005
'""I'" ..... .
.~ li...."J;rA',f:':..':......~
.~t.t.-.~::.,~
I '(:~"..t '.
r "'~'It "'I~' , '. ~ j ..
,"':L"~~:~
ALLISON N. MULD8R,
Plaintiff
IN 'ruE: caJRT Of!' ~ PLEAS DE'
cut-IBrnLAND 0XJNl'Y, PENNSnVANIA
VI,!.
NO. 97-90
CIVIL TERM
:
MICHAEL A. CLOUSER, ; CIVIL ACTIal - LMl
'"'--1~ ~ ::=
AND fOi, thie day of
upcn considQration of t atta ed Custody'
ordered and directed as follows:
, 1997,
Report, it is
"
1. The custody provisions ot this COurt's prior Order dated
March 18, 1997 are vacated and replaceO b)' thi~ order.
2. The Mother, Allison N. Mulder, and the Father, Michael A.
Clouser, shall have shared legal custody of Sarromtha Lhabeth Clouser, born
May 30, 1994.
3. ~e Mother shall have primary physical custody of the O'lild.
4. ille Pather shall have partial physical custody of th& Child
during alternating weeks frOll1 lhur~ay morning at 7:00 a.m. until s~y
evening at 6:30 p.m. The alternating veekly periods of custody shall begin
IJith the Father having custody of the Child on Friday, April 4, 1997 at
7:00 a.m. (and :lhall continue thereafter beginning 00 Thursdays), The
Father shall insure that the person providing care for the Child du~ing his
periods of employment vill not smoke in the Child's presence.
5. The parties shall share or a1ternat~ eustody of the Child on
holidays as follou~:
I
A. Christmas - The Christ:mas holiday shall be divided i.nto
segment A, Yhich shall begin on Christlras Eve at 6:00
p.m. and end on Christmas Day at 12:00 noon, and Segment
9, vhith shall begin on Chri5tne.:\ Day at 12;00 noon and
encl en Christmas Day at 8:00 p.m. ThQ Mother shall have
custody of the Child during Sll9ment A in eV~ nUJTbend
years and during Segment B in odd nUJTbered years. Th.
Father shall have custody of the Child during Segment A
in odd numbered years and during Segment 8 in even
nUlli:lered years.
8. New Years - The Nev Years holiday :lhall be divided into
segment A, Yhich shall begin on Nev Years Eve at 6:00
p.m. and end on Nev Years Day at 12:00 noel'\, and Segmgnt
8, Yhich shall begin on New years Day at 12:00 noon and
end on N~ Years Day at 8:00 p.m. The Mother shall have
custody of the Child dudng segment A in years when New
Years Eve falls in odd numbered years and during segment
B when N~ Years eve falls in even nurrbered years. The
Father shall have custody of the Child during segment A
717 7 j I ::'",(, I
UU.-IJ-~u 11: JIAM PU05 III I
u~ IJ.O~ IU:5~ FAX 717 7JI 25Ul
veri VNDfRWRITING
laJ006
'"
---
.
.~
when Nell Y~rs Eve falls in even numbered yosrs ~
during Seglllllnt B when New Years Eve falls in odd m.lllDered
years.
C. Easter - In every yellr, the party who otherviae has
custcdy a! the child on the regular weekend cchtdul.
llhall hove custody of the child on Easter Sunday until
1:00 p.m. and the other party ehall have custody of the
Child trom 1:00 p.m. until 6:30 p.rn, on &aat,r Sunday.
D. ~iving/JUly 4th/t.abor Day - The Mother shall have
cu~tody of the Child on Labol; Day (7:00 a.m. until 7:00
p.m) and Thank5giving (7:00 a.m. until 7:00 p.IlI.) in odd
nunbered yeare and on July 4th (7:00 a.m. until after the
firework:!!) in even nUl\'lbered years. The Father shall have
CU8tody of the child on July 4th (7:00 a.m. until after
the fireworks) in odd nUllbered years and on 'l'hanksgiviRj
(7:00 a.m. until 7:00 p.m.) and Labor Day (7:00 a.m.
until 7:00 p.m.) in even numbered years.
e.
- In
7:00 a.m.
!rom 8:00
F.
- In every
6. Each party shall have a one lleek (from Saturday to saturday)
period of uninterrupted custody with the Child during each eUlll118r vacation
upon pcoviding 30 days advance notice to the other party.
7. Tha party receiving custody of the Child shall be responsible
to provide transportation with the exception that, until the Hother obtains
her O\/T\ car. the . Father shall provide return transportation on the Child's
birthday, July 4th, the Father's birthday, Father's Day and after the
father' e week of eUlllllBr vacation. For purposes o! this provision only the
return transportation time shall be added onto the Father's regularly
scheduled custody period.
8. Neither party shall do or say anything which nay estrange the
Child rran the other parent, injUr<l thg opinion of the ChUd as to the
other par'Qnt or which may hamper the free and natural develo~nt of the
Child's love and respect for the other parent.
9. The cu~todilll party shall promptly notHy thl! other party of
any medical emergencies concerning the Child whiCh arise during hill or her
per:iods of custody.
',' I." 't j I .'~\. I
Ilr) Ij -'ill I I : J I At,t i'u(JLo U II
10. ""is 01"<3..", is ,mt"red pur.'lu,nt to on ogroolllent ot the p.!rtie.'l
aL a CU$tody Conciliation Conferenco. The parties may modity the
pt'oviBions of this Order by mutual agreemont. In the obsence ot mutulll
agrt&ffiOnt, the provisions of thio Order shall control.
BY TilE OOURT,
ee: Joan CareYI ~1re - Cawusol for Mother
Robert P. Kline, Esquire - CoUll8el for Pather
.'
,
<
717 731 2SLI
1?,~Jl<L "f /8 h 'I
~."P.
08-IJ-9& 11;JIAM f'uu1 nil
~ "'" ....A..____..-~' M Ii_ ~.l.
'. .'
,
-;
LEGAL S!:RVlCES. INC.
a IRVINE ROW
CARUSLE. PENNSYlVANIA 17013
17171 24J.1MOO
Fax 17171 24J.l1026
WHl Sholll 17171 766-8475
Shlppenlburg 171715>>6886
.JAfll 4 199?tfI
.\ 11 i SllfI N, ~llll tit' 1'1
1'1 iI i III ,.,.
1"1 TIIF c'f)IIIIT 01,' ('omH)" PI.F"S OF
('llflllFlllvm ("II!"ITY I I'FNNS)'1.\'^N 1"
\'.
NO. n 7 - !1lI
(" \'11 TFII'!
~l i {'hap I
.\ .
Cll)tlspl',
1)f'f'.'lldlllll
PIHlTH"" 1 f)N FI/rJ'!
.\'\11 ,'\ISTClIl)'
If~!'t( 111)11. CO NT ! NIIANCI':
l-r <Ill; ..I' .1.11"''''', 1!l!l7
,\I1IISF
"Nil NClI"
this
llprlll {'ons i d!'I'1l1 i nil
of' 111f' HI I Hc'!l,'d '1111 illrl rill' (~tlfll illlldllf 1', ttll' hl'lIl'ing' ~.iI"hl'dlllpd 1'01'
'hI' 1.11 h da,\' III' .J!tllllllr'~
1 ~l~l7, ill ,1: Oil p,m, i.... 1Il'I'ph,v ('old, i IltlPd
~f'III' I'a J 1 y.
This ClI'.I,'I' is "III"I'"d \..iI Illlllt PI'f'jlldif'f' III ..ilhl'r'
[l1I1'ly III r'l'lJlI"sl Jl Ilt'HI'ill~,
1'111' TpIllJHlr';I"~' Pl'lll"l'l ielll Or'e1('I' '.;11:111 r't'lHllin ill pf'r,,('1 roC'
{III{' :-'f'al' 01' IIl1t il lI1f1diril'll (II' I 1'l'llIillHII'fl h,\ Ih.. ('flllf'!
rl'l'l i ril.d C'f1l'il'S III' I his nf'd.." fOl' ('Oil! illlllllH'I' \"'i 11 lip
l"'flvidl'd II) I hI' 1Ii1l1tpd"1I dlld 10"""1' .\II"fl PilI it'" Dl'l'ill'IIlH'nl.s by tht'
plainlirf's Hllnl'lli'~"
II~ I 11f' ('IIIIt'1 I
.Jtl(h~l'
,J Oil fI r.III'f' ~
,\ I IO"IIPY rOT'
PI..illl
f'I'
1
/',
,
,
. ./ , ~ . I.
.1 "l.~ 'L
RIlllf','1 P.
.\ I I fl"IIf'Y
Iii ;11"
1'01' 1)1' f'f'rll lil II I
11' " , r '/-
/ /'1
1)
, t::
" , ; .'.:
" ,
[
I'.. ,.. - .1
"- ,
l" .)
.'
(~,
L' . .. '~I
" .J..
,--
"
, ,
COllnt.~' r()llf.thnll~...P, raf'l iM!p, pf'IHIHylvnuin.
'I'lu'" plllillt.i rr limy P,,()(','pd wi t hOllt prf>-ll1'~'lIIl'lIt (If rpPH
pl'nding' " fut't.JH'r of'dpf' afl('I' I,llt, 11I'''I'ing.
Thp ClIlIIh<'I'IHnd COllnl;' Shl'r'; ff's O"(,,,,'IIIIPI" sllll11 all.<'lII[>1 10
III a 10" sPl'vicp al. Lilt' plaint.iff's J'l'qlll'st Hnrl \...it.holll. pr'p-pIlYIllPnl.
of fPf'S, bul sPf'vj('1' 1I111~' h" /1('('1111I1'1 ishpd IInrl"f' Hn~' Ilppl icuhlp
J'lllp or Civil P('{)('l'dlll't',
Th; s nl'dl' I' shall hI' dlll'kl' I I'd in I'". offil'l' of Ih,'
p,.ot.honot.ltr'~' Hnd for'wlll'dpd to I.h" Stll'ri rr for' sPf'vir:p. Thp
Pr'olhonol.flt.y shall 1101 sl'"d a 1'0[>;' of Ihis Or'd"r' 10 lla" d..fl'nrlanl.
lay 11111 i 1.
Thp IIHlllpdf'fl Hnd Ln\o.'r'1' ,\1 1 I'll P{)lil,p Df'I"lr'lmf'nl.H will bp
pr'ovidl'd wilh ('PI.t.ifipd "op;"s of Ihis Or.dpl' h;' I.hl' plaint.iff's
Ill. t.orru-'y .
This ()l'dPf' shull tip pnfolTl'd h~' any lnw PUrOI'CPIIlPlIt.
agpnc'y whprp Il violation l)('ClIl'S hy al'l'PHt 1'01' indil'pct cf'illlinnl
('onl.r"lIIpL wit.holll WHI'l'Hnt lIpon I'f'uh1l1dl-' ('IlIISf' I.hal UIiH Ordpr hltH
hpPfl violnLp.d, whl'UI(~I' or' nol Ulf~ vinlnLiofl is C'onlfllitt,ed in the
prpSPrlCP or UIP pol icp Orri('Pf'.
TIl l.hp t'Vt-"f1l. t.hnl an HI'r('st is
madp IIndp.f' Ihis spcl iOrl, 1Ill"' dl'fprlllHll1 shall I)p 1.1tkf~n without.
unflf"r'pssnf'Y dplay hpf'ol'l' I '\f~ ('(llll" t hilt i sSIIPd IlIP ()f'th~f'.
WhprI
l.hul. COllf't. is IIf1HVlli lllh)p, l.hr> dpf'r'lIdnnl shall 11(' tnkpll hpfof'(~
Ihp npl','npI'inlp disl,'i<-t. ,illslil'p. (2~ Pn,('.S. ~ lill~),
hllH itH'llldpdl hili iH lint lilllitpd tn, the> follo,,,,illg sJH'('iflc'
instlHlC'PS of HilliS":
H. On ot' "hollt ,JllflIlHI'~' 11 HHJ71 Ill(' Ih.rPIICIHflt
1'''IH'"II.dl~' "lid fOI'cl'ftllly I,ir'k..d II,.. pl"illl.iff'" fr'otll.
dool' Hfld d..IIIHllllf'r1 tn Ill' 1I.t ill C~Il11!..;jng lhp 1'Inintiff to
ff'IlI' fOl' 11('1' SHff'ty.
Wh,," II". plailltiff'" nlDth..,'
CHIlf_'cJ t,IIf' polic'f11 thp df'fpndHnl I..fl r\ppr'(lxil1latply
fiv,. milllllps 1,,1,('1', lilt' df'fpndallt hl'ok.. int.o thp
apllt'tlllPnl t hr'f)II~h 1IIf' 1)(1(').;. clon"l sc'r'PHIIIPd at t.hp
plainliff', Itnd lhl'l"~' his c1illl~htf""S lal'gf' kit.chpn Sf..t
HC",'nss II room ('HIISin~ thf' plaintiff 10 fpllI' fot' hpr
"a f"t.y.
h. Rf'I"'PPII IIII' \...('1')\ of ('llt'i!-..dnms l~f)fl, nlld New YPHr's
nay 1997, Ih" .h'fl',,,I,,"1 ('allll' to II". plaintiff'"
rf..~..;jd("H'f', ('or'f1p,'pd lhr' plainli ff against H d"PSHPl'
with his HI'IIIS on pil,hPI' sidp of 11<'" pr'PVf'Ilt.illg: hl'l' from
If'flving t.hf' "nnl1l Hlld C'l"I!.;jIl~ hpr' to ff'HI' for' bPI'
"a fl'l.y.
c'. On 01' Hholll f)p{'PlIIllf'J' 1:11 lnnn, I hp dpfplldnnt.
hPCllillP l"q~I':"1 ('Of'f1PI'rd l..Ilf' plaintiff hpl,''''C'f'rJ t.wo hC'ds,
1II1d pr'l'vl'lIll'd h"I' rl'fllll If'n\'irJ~ lhp r'oOH! CHllsillg hPI' tn
f(-, II r' fo I' Ill' f' sa rc> I y.
d. III 0" i1hfllll Dr'('''!II};''[' I !l~Ei 1 thp dpff'udlllll. [JlIshprt
till' 1'111;11' iff ("'011I t,,'hilld ,;i II, "'lI'h fO'TI' Ihlll hl'l' hl'lId
II i' H ,,,,n1 I pili I i n~ II holl' i tI I.IIl' "'1\ II ,
2
On Hllol.h01'
{)('('llHinn ill or' about. n"{'l'lIlhpr' l~!Hit Ihf" dpfpndHflt.
~r'llhlll'd tlu' plaint iff by hpl' (\r'11I cllllHing it hl'uisf'.
P. On sp\,pr'al dif'f'I'J"'t1t (l('cHsioflH situ'p l!Hl,tl the
dl'fplldlllll. hils pllsh..d U... plllint.iff, !(r'lIhhl'd, sho\'C'd,
aud I'ps I. r'll iIII'll tll'" t I h r'I'III.PIIPd hl"", Hnd pluH'hpd ho I PH
in walls e'Hll'..dllg llf'l' In fl'Hr for' hf'1' snfed.y.
fi. Thl' plaintiff llf'lip\'I's antlllu'J'(-'for'l' HVPI'S I.hnt. stlp is
ill irnlllpdint.t' nnd pr'psprlf dangPl' of IlhllSP ('I'om lhp dpf'pndnnt. Hrlli
t.hal shp is ill ll(,l'd 1If' pr'nl.l'{'l ion fr'olll such 'lhIlSf'.
fl. Thl' plllinLiff dpsil'C's Lhlll 1111' d"fplldllnL Ill' pl'ohibit.pd
1'1'011I having BUY dir'pcl or' indi,'p{'1. "Ollt.1H'I. with lhp plninl.iff
irll'luding, hilt. not 1 imit.pd t.ol 1.f>lpplllHlf' and writ.lf'))
('oml1lunical.ions, I'X('Pl'l. for' 1}If' lilllil.I'd pllr'Il()S'" of fHe'ilitHt.in~
custody ar'r'llllgplIlf'IlI,s.
7, 1'1](' p111inl iff dl'si,'l's 11,,11 11,1' ""fplldllnL }". I'lljoi'lPd
fJ'om harHssing alld slnlli.ing till' plaintiff, allfl fr'ollllulJ'/lssillg the
[>111 j nt. iff's "1'1111. i \'''s,
R. illf~ plaintiff' df'sit,l's IlInl ttJl' df'ff'rJlll\llt hi' l'pslrHirH'd
fr'olll plll.PI'jllg hl'I' plHc'ps of "lllpln;'IIII'rJl.
n. Till' plaillliff' dl'sir'f''''' 111,,1 ltll' df'fl'ndnnl hp ('Jljoinpd
f"DIIl r'PlIlll\'ill~1 dlll1l;t~irILjl c1,"-;1 r'll.vill~ III' ....('11 ill~ flny pr'Opt'r't~' owrH~d
SIII,'l;' Il~' 1111' 111.\ i f\ I if' r.
n, I~;)(CI,IIS 'YJo: I'OS3E,<;::;.lJIN
10. TllP <1)1111"11111'1111'1'1111I hhi('!J tlip plnilltiff' is askin~ t.hr'
('nlll't In 1'\1'11ld4' thl' d"("'lIdillll IS r'l'llll'd in Ih" fl.'lIllf'S uf t.lIP
:l
tn this I1c,ti"lI who hus physic'ul ('lI!..dnd~' of tbl' child nr' claims to
ha\'P ('lIslody nr' visitat..ion I'i~hts with r'pspPC't to '-lip child.
17. Th,... hpst. int,pr'pst.s Ilnd PPI'IIH1UPllt \o.'plf'nl'p of thp minor
rhi1r1 will I", IlIpl if cllsln"~' is 1"1II1H>I'lIt'ily [(rlllll.,," 1.0 I.h"
plf\intiff [>pnclin!:{ H !JPHrin!5 in Ihis IIH1LtPf' for' I'pasotls illl'Juding:
H. Tlu' plaint.iff is 11 r'psl'ollsihlp pHI'C'nl. who C'1U1 hpst.
'ukp ('HI'P of t.hp minor' ('hild, and has pf'ovi(lpd for' thp
('lIIotional Hnd physic'lIl IlPl'ds of I Ill' (:hild :-dllC'p. hpr
hi t'I hs,
h. TIH' c1..ff'TldJlTlI has shown by his nlHlsl' of t.hp
plninl.iff Ih,,1 Ill' is 1101 1111 "PP"OpI'illl.I' ,'nle 1lI0de] fOl'
t,IH' III i rlCll' (' hi 1 II .
WIIRRRFORE, pIII'SII'"'' In II", pT'ovisions of till' "PI'ol.I'<'I.ion
ft'nlll Ahllsl' Act" nf 01'1.01"'1' 7, 197[;, 2~ PII,r:.S, ~ [;101 d sPq" as
nmpndpd, 1.1l(' plainliff pl'nys lllis lIollnr';tlilp rOIlT't 1.0 gr'ant. t.hf"
fn1lnwin[( 1'1'1 i.'f:
A. (ir'ant a Tpl1lpOI'1Ir'~' Or.dpl' PUI'SlI;Ult. 1.0 t.lH'
t1pr'of.p('.t ion fr'oJlt ~\hlls(> Act.:"
1, nr'tfpl'ing 1110 df'fplIdnnl tn t'pfl'lIin fr'om
ahusing 1111' plaint iff 01' placing hl'r' ill fpHr~ of
Hhll!-.(' ,
2. nl'df'r'in1..~ IIII' df'fl'udl1nl to ('pff'nill f,'olll 11IIvin~
Hny dir'f'f't (II' indin,('t ('Ollt;H't ".il.1I I lip plaintiff
il,,'ltlllin~1 11111 lint lilllill'eJ Ill, '..Ipphonf' and
"'r'il t,l'lI ('nlllflllllli('i11 inll~;1 l''\('f'pl In fH('il it.Hll'
Ii
2. OJ'df'I'ifl~ l,lIp dpf'pudHIII to r'pf,'nin frolll hllving
nny dirp(~l. nt' indir'('I't {,ofd,/H" wit.h t.lllt plnint iff
including, hilt flnt lilllilpd t.n, tpll'phoflp Hnd
wr'itt.PfI COIllIIIUlli('at ions, PXl'Ppt t.o fHCilitllt.ro
('usl.ody Ilrf'llflJ.(pm"ont s.
3. Ol'dp,'illf( I.h., dpfplldlllll 10 "l'fl'lIill from
hlll'lIssill!l lI11d SI.lIlkillf( Itll' plllilll.iff lI11d f,'om
harllsHill~ 'lip plaild iff's 1'('lat.ivt's.
4. Pr'ohihi I ill~ UIf' dpf'PIlIlHflf fl'oll\ pnlprin~ Uu~
plllinl,i ff's plnC'l':; of PlOl'loYIIIPllt..
Ij, P,'ohihil,ing flip dl'f('II(IIIIII, from l'pl1l()\'illg,
dllmll!-ting, dpsf,l'oying Of' spll ill~ l"'OJII1I'I.y ownpd
solply hy I. h..' plllillliff',
fie Ordpr'ill~ Llu' d('fl'llClant t.o ~.;t.ay n\'Ul~' fr'olll tlll"
plni,II iff's ,'psid","',- Ill"III"d III. .IROO Chlll'lps
Road, "l'lIf'I.IIIPIII II, ~t(>ChHllil'shlll'g, r,lImhf~r'latJd
r.(1l1f1t~'t PI'IIf1s~'I\'Hflill,
HUel Ilny 01 hp I' fOPS i dl'ncp I.he
plainliff mH,\. f'stHillish, PXI.Ppt 1'01' t.hp limit.('d
Illll'llflSP III' I "III1Srl'f'l'ifl~~ l'lJsl.(Ic1~' 0(' I.llp pllrt.ips'
dli Id.
TIlt, dl'fl'ndlllll. shill 1 ""mHin ill his \'"hielp
HI all I il1lf':--> dlll'ifl!J. I hI' I f'HflSfpI' of' ('lIHl.od~',
7. nr'df'r'ill~{ 1111' dl,rplldanf. I" pay $2!i0.00 to
f'1.illlll1ll'SI' 11111' lit' 1.I"..pll SPI'\'il'{'S, Tllc.'s fUlldin~
Slllll'('I'S fl)" IIII' c.llsl Dr 1 ii, i gat ill!! Lh i s ('nsp.
Tl.., plll;1l1 iff rlll'II,,,,' asks Ihlll this PI'I il i,," I", fill'd I\lId
H
t-...
't
;s..
~ J
--:~ Vl
,:;
~
-?--
--..>-'"
'.. Cl .......,
i: " 1
I.
III' <":
( )' r1
'-.,
It:
~.
. ,-
c: I
L "
~t . i-j
. VI
I. l..U
,. I'- -
C G' u I'L.
'J
CJ
,- j "":::. '_=Ufr Ci' "-.;:;~ i 11, ,~~ .
,.. ..-
, ^! I I HOD N. Muldl"
..-
..,
, -.
M i elIde I ^. ClouEier
.--- -, '-_l.._...:.:~._.I_ ...--.../1' .::::.U;,;.,jl'/;":;,;l:;
~c,
97-90
<;,iv i
~
::_-
:-iowJ
.January
OR
:9..:u !.
,....-----
.... - .. .... .. ..
.....--..
0:' C~G::::.=.!..~_'Q CO~;{:'~, ?A.... c:J
==:--=y L;:-.:= ~ ~~-= ci
vOrk
C.:c.::.~ ::J :.::::'~:.: ::s ',V:::.,
~
. .
~t:==-~
: ::=..;
1: :::
~.:.:::
:-:.:.:-::. -:f
?!===.
..-
.
;..i'./'- ...............o<(t.. ~- L/'
.- :f ~<<-V""'~
.,'
~=-~ :t C=:::e:"..:.:.d C':l:.::7. ?:..
~ ~, .. ~
..~c;;::n_ or Se:-ric..=
;-;ow, January 10. ~9 9'1 5:25 0'.1-,..:.- P.'.t .--
-. --- .-'..-
.-- Wl:'::'::: Protection from Abuse
'"F"::1 ~I ichae 1 A. Clouser
26 Spend-A-Buck-Drive, Di llsburq, PA
-,
=:' =,::_-; :::> Michael A. Clouser
::. true and attested C':;:: ci -- ::':'--1 at same
,-
:.:::c = '-:::w:1 ::J him :::.:: ...--..-- 0___.
"--"---- -'-.---
~Q J.:..."'W=:"
'/["-lll ,.)
Acting :~-'~ ci
// /. ;
, .
York
'I,. {-1--<:'."'\" I
/
Ltl:~.j j 'rJC'
'I
I... ".
C~U::'T, .._
3w:::. .:::r! :-..::...-::e:: =-=~
== ~ 14th~::f January
: 9.22...
cc::~"
~:::'''J"V,c::::
~CLZ.'.G:::
3
-/ fl~f~Zi'
. (
JO/,fAJ.J
v ,
A..: : :.1..).":'. .,7":
__---___0
S none
'~
~1~~1~~~'~11~~~)~~2';1(
/>;<;,\~\"~~?;i:: i:i~:>':
-,., ''';,:
""i
,~<,,-.'~;:t;.,/~.:./,;;(~~,{'CV, ~!~:~Ot~'r:r::-~_:"':~I~ l~, ':;. ""p, .~
,_u' '~".I' .. ',. .....'.:;f{:.,t::';i:..:.n.,'''"'~. -"... -ti... .n,,~ ,:l
::)~r;;.':"} ,~:.. ::;~, ~_: 'r~~::Y;~;\~'...~{t<)'L..i:"l . ,~. J:: .-~.~jf~:'~:
.' ';'~;!i;';'t'::;~'~;~~~!~!~l)"~~l
,...
t,.--"..
',__i
RoBERl' PImlR IiLINE
Attorney . Cau'Mllot ., Uw
13' Inlgo _ 84<10...
_ 011oo lox 481 .
Htw~F'W...ttIWol.'7tJ70..0t81
(711) no-2$40
;..:
.. w'_'
,;~~;:1:,1;:f~;:;;~':..'.~ .
..:r
ALLISON N. MULDER,
PLAINTIFF,
: IN TilE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 97-90 CIVIL TERM
MICIIAEL A, CLOUSER,
DEFENDANT
: CIVIL ACTION - CUSTODY
PETITION Fon MODIFICATION OF CUSTODY onDEn
I. Plaintiff is Allison N. Muldcr, an adult individual whosc rcsidencc is at 4800
Charlcs Road, Apt. II, Mcchanicsburg, Cumbcrland County, Pcnnsylvania,
2, Dcfcndant is Michacl A. Clouscr, an udult individuul whose rcsidcncc is ut
26 Spcnd-A-Buck Drivc, Dillsburg, York County, Pennsylvuniu,
3. Dcfcndunt sccks custody of his child, Sumuntlm Li71lbcth Clouscr, currcntly rcsiding
ut 4800 Churlcs Roud, Apt. II, Mcchanicsburg, CUIl1berlund County, Pcnnsylvunia, whosc dutc of
birth is May 30, 1994,
4. Tllc child is prcscntly in thc custody of Plaintiff,
5, Sincc thc child's birth, thc child hus rcsidcd with thc following ovcr thc pust fivc
ycars:
Nmnc
Addrcss
Dutc
Miclmcl Clouscr, Allison Muldcr,
Lindu Muldcr (nmtcmul gmndmothcr),
und Jill Muldcr (matcrnal aunt)
4800-11 Charles Road
Mcchanicsburg, P A
May 1994-May 1995
Allison Muldcr, Lindu Muldcr and
Jill Muldcr
4800-H Charlcs Road
Mcchanicsburg, PA
Muy 1995-Scpt. 1995
Michael Clouscr, Allison Muldcr,
Linda Muldcr and Jill Muldcr
4800-11 Charlcs Road
Mcchunicsburg, PA
Scpt. 1995-Junc 1996
Allison Muldcr, Lindu Muldcr und
Jill Muldcr
4800-11 Churlcs Road
Junc 1996-Aug. 1996
13, Sincc thc most rcccnt scparation of thc Plaintiff and Dcfcndant, Plaintiff has, on
occasion, dcnicd visitation and/or partial custody betwccn thc Dcfcndant and his daughtcr,
14, Dcfcndant dcsircs thc cntry of a custody ordcr that would providc him with joint
physical custody of his daughtcr,
15, TIle bcst intcrcsts and pcnnancnt welfarc of thc child will be scrvcd by granting thc
rclicf rcqucstcd bccausc thc Defcndant has playcd a significant rolc in the Iifc of thc child and has
servcd as a primary carc givcr with rcspcct to thc child,
WHEREFORE, Dcfcndant rcqucsts your Honorablc Court to ordcr custody rights of
Samantha Lizabcth Clouscr in accordancc with thc requcst of the Dcfcndant as statcd hcrcin,
Rcspcctfully submittcd,
f) FE& nq '9
VO-P-1J1<O . r
ROBERT p, KLINE, ESQUIRE
331 Bridgc Strcct, Suitc 350
Post Office Box 461
Ncw Cumbcrland, P A 17070-0461
(717) 770-2540
Attorncy for Dcfcndant
Datc
Allison N. Mulder,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.97- 90
CIVIL TERM
Michael A. Clouser,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
TEMPORARY CUSTODY ORDER
AND NOW, this
day of January, 1997, upon
consideration of the parties' Consent Agreement, the following
Temporary custody Order is regarding custody of the parties'
child, Samantha Lizbeth Clouser:
1. The plaintiff, hereinafter referred to as the mother,
and the defendant, hereinafter referred to as the father, shall
share legal custody of the child.
2. The mother shall have primary physical custody of the
child.
3. The father shall have partial custody of the child,
according to the following schedule:
a. Every other weekend from saturday at 10:00 a.m. until
Sunday at 6:30 p.m.;
b. On the Wednesdays following his weekp.nd with the child
from 7:30 a.m. until 7:30 p.m.;
c. On the Mondays following the weekend he does not have
the child from 7:30 a.m. until 7:30 p.m.; and,
d. On dates and at other times agreed upon by the mother
and father.
4. The mother and father, by mutual agreement, may vary
from this schedule at any time, but the Order shall remain in
Er-HI6IT 'f!"
VERIFICATION
I verify that thc statemcnts madc in the forcgoing Pctition for Mcdilication of Custody
Order arc truc and corrcct. I undcrstand that falsc statcmcnts llIadc hcrein arc subjcct to thc
penaltics of 18 PA C.S, 4904 relating to unswomlillsificationto authoritics,
'-,
5 Fe8 I~'t;z.
Datc
~ ~/~
MICHAEL A, CLOUSER
>- c> ,.
IT.
-t
1-- t.,...
U1r . "
; ....
()- ,
.;...{
" ~ ~:'''J
P'i
c;.>(-. .)
C' C'" ,
L,- ,"q.-J
_.1, , C"
i.i_ l. ':..:-
i-- l,_ ,
., l- .
0 C1' U
..
LEGAL SERVICES, \NC.
8 IRVINE ROW
CARUSLE, PENNSYlVANIA 17013
{7171 243-9400
FIX l'I1712~
. .
Wtat Shore {71717e&8475
Shlppensburg (717) 63(I.68ll8
MAR 1 8199P" .
.:.
'i
."' ,.,"'
purpose of transferring custody when he may go to the door of the
plaintiff's residence but may not enter the residence.
7. The court costs and fees are waived.
8. The Court hereby acknowledges that no specific factual
finding of abuse has been made and that this order is entered
into pursuant to the agreement of the parties.
9. This Order shall remain in effect for a period of six
months, from January 14, 1997, or until modified or terminated by
the Court. The Order can be extended beyond its original
expiration date if the Court finds that the defendant has
committed an act of abuse or has engaged in a pattern or practice
that indicates continued risk of harm to the plaintiff.
10. This Order may subject the defendant to: i) arrest
under 23 Pa.C.S. 56113; ii) a private criminal complaint under 23
Pa.C.S. 56113.1; iii) a charge of indirect criminal contempt
under 23 Pa.C.S. 56114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pa.C.S. 56114.1. Resumption of co-residence on the part
of the plaintiff and defendant shall not nullify the provisions
of the court order,
11. The Hampden and Lower Allen Police Departments shall be
provided with certified copies of this Order by the plaintiff's
attorney and may enforce this Order by arrest for indirect
criminal contempt without warrant upon probable cause that this
Order has been violated, whether or not the violation is
committed in the presence of a police officer. In the event that
Allison N. Mulder,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.97- 90
CIVIL TERM
Michael A. Clouser,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
CONSENT AGREEMENT
"'-'
This Agreement is entered on this /'1 day
-::.I<l-L-o.-<t.~. .,~
of January, J
1997, by the plaintiff, Allison N. Mulder, and the defendant,
Michael A. Clouser. The plaintiff is represented by Joan carey
of LEGAL SERVICES, INC.; the defendant is represented by Robert
P. Kline. The parties agree that the following may be entered as
an Order of Court.
1. The defendant, Michael A. Clouser, agrees to refrain
from abusing the plaintiff, Allison N. Mulder, or from placing
her in fear of abuse.
2. The defendant agrees not to have any direct or indirect
contact with the plaintiff including, but not limited to,
telephone and written communications, except for the limited
purpose of facilitating custody arrangements.
3. The defendant agrees not to harass and stalk the
plaintiff and not to harass the plaintiff's relatives.
4. The defendant agrees not to enter the plaintiff's
places of employment.
5. The defendant agrees not to remove, damage, destroy, or
sell any property owned by the plaintiff.
6. The defendant agrees to stay away from the plaintiff's
residence located at 4800 Charles Road, Apartment H,
Mechanicsburg, Cumberland County, Pennsylvania, and any other
residence the plaintiff may establish, except for the limited
purpose of transferring custody when he may go to the door of the
plaintiff's residence but may not enter the residence.
7. The defendant, although entering into this Agreement,
does not admit the allegations made in the Petition, and
absolutely no finding of abuse is to be inferred by the fact that
the defendant has entered into this agreement.
8. The defendant understands that the Protection Order
entered in this matter will be in effect for a period of six
months from January 14, 1997, and can be extended beyond it
original expiration date if the Court finds that the defendant
has committed an act of abuse or has engaged in a pattern or
practice that indicates continued risk of harm to the plaintiff.
The defendant understands that this Order will be enforceable in
the same manner as the Court's prior Temporary Protection Order
entered in this case.
9. Violation of the Protection Order may subject the
defendant to: i) arrest under 23 Pa.C.S. 56113; ii) a private
criminal complaint under 23 Pa,C.S. 56113.1; iii) a charge of
indirect criminal contempt under 23 Pa.C.S. 56114, punishable by
imprisonment up to six months and a fine of $100.00-$1,000.00;
and iv) civil contempt under 23 Pa.C.S. 56114.1.
10. The defendant and the plaintiff agree to the entry of a
Temporary Custody Order providing the following regarding custody
of their child, Samantha Lizbeth Clouser:
:1 II
~::i I
~~ffi I :1
..J~Eo< t5 I!
0. ~ !
~ffi~j H ::1 ::1 = "
.... .u ~a~ _ :!i
.... ,~ ...:i :-: 'E t: ~
o.HI '... ~~ , :: r: ;.I "
,Ut5>< .u ,I ,j, ,j, , ';;0(
, C gJ~ ;; " "-
~~ Bi gJ'@ .
~ Ul.... ~I il ;.i ,It ~l 3 ~
0.... 82l ... 0
~o. - ,Q
Eo< ~.o: ..J II ~ n :: - ~ c .~
u ~ E ~ :,. "
II ~ .
~~~~ . . 5pr.1; ;-:~
Z .0: :1
!I "' ::!
w ~ . u ~ ~ 8 il
~~~ H d
..J U
:ol H 'I
~
"
"
"
- '
ALLISON N. MULDER,
Plaintiff
IN THE COURT or COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 97-90
CIVIL TERM
MICHAEL A. CLOUSER, CIVIL ACTION - LAW
Oef.nd'"1~ ~ = .
AND OCM, this day of , 1997,
upon consideration of t e attached Custody nciIlation Report, it is
ordered and directed as follows:
1. The Custody provisions of this Court's prior Order dated
March 18, 1997 are vacated and replaced by this Order.
2.
Clouser, shall
May 30, 1994.
The Mother, Allison N. Mulder, and the rather, Michael A.
have shared legal custody of Samantha Lizabeth Clouser, born
3.
The Mother shall have primary physical custody of the Child.
4. The rather shall have partial physical custody of the Child
during alternating weeks from Thursday morning at 7:00 a.m. until Sunday
evening at 6:30 p.m. The alternating weekly periods of custody shall begin
with the rather having custody of the Child on rriday, April 4, 1997 at
7:00 a.m. (and shall continue thereafter beginning on Thursdays). The
Father shall insure that the person providing care for the Child during his
periods of employment will not smoke in the Child's presence.
5. The parties shall share or alternate custody of the Child on
holidays as follows:
A. Christmas - The Christmas holiday shall be divided into
Segment A, which shall begin on Christmas Eve at 6:00
p.m. and end on Christmas Day at 12:00 noon, and Segment
B, which shall begin on Christmas Day at 12:00 noon and
end on Christmas Day at 8:00 p.m. The Mother shall have
custody of the Child during Segment A in even numbered
years and during Segment B in odd numbered years. The
rather shall have custody of the Child during Segment A
in odd numbered years and during Segment B in even
numbered years.
B. New Years - The New Years ho] iday shall be divided into
Segment A, which shall begin on New Years Eve at 6:00
p.m. and end on New Years Day at 12:00 noon, and Segment
B, which shall begin on New Years Day at 12:00 noon and
end on New Years Day at 8:00 p.m. The Mother shall have
custody of the Child during Segment A in years when New
Years Eve falls in odd numbered years and during Segment
B when New Years Eve falls in even numbered years. The
rather shall have custody of the Child during Segment A
when New Yeat's Eve falls in even nUmOOt'ed yeat's and
dut'ing Segment B when New Yeat's Eve falls in odd numbet'ed
yeat's.
C. Eastet' - In every yeat', the pat'ty who othet'Wise has
custody of the Child on the t'egulat' weekend schedule
shall have custody of the Child on Eastet' Sunday until
1:00 p.m. and the othet' pat'ty shall have custody of the
Child ft'om 1:00 p.m. until 6:30 p.m. on Eastet' Sunday.
D. Thanksgiving/July 4th/Labat' Day - The Mothet' shall have
custody of the Child on Labat' Day (7:00 a.m. until 7:00
p.m) and Thanksgiving (7:00 a.m. until 7:00 p.m.) in odd
numbet'ed yeat's and on July 4th (7:00 a.m. until aftet' the
fit'ewot'ks) in even numbet'ed yeat's. The Fathet' shall have
custody of the Child on July 4th (7:00 a.m. until aftet'
the fit'ewot'ks) in odd numbet'ed yeat's and on Thanksgiving
(7:00 a.m. until 7:00 p.m.) and Labat' Day (7:00 a.m.
until 7:00 p.m.) in even numbet'ed yeat's.
E. Child's Bit'thday/Fathet"s Bit'thday/Fathet"s Day - In
every yeat', the Fathet' shall have custody of the Child on
the Child's bit'thday and on Fathet"s Day ft'om 7:00 a.m.
until 6:30 p.m. and on the Fathet"s bit'thday ft'om 8:00
a.m. until 8:00 p.m.
F. Memodal Day/Mothet"s Bit'thday/Mother's Day - In every
yeat', the Mothet' shall have custody of the Child on
Memot'ial Day and Mothet"s Day ft'om 7:00 a.m. until 6:30
p.m., and on the Mothet"s bit'thday ft'om 8:00 a.m. until
8:00 p.m.
6. Each pat'ty shall have a one week (ft'om Satut'day to Satut'day)
pet'iod of unintet'rupted custody with the Child dut'ing each summer vacation
upon providing 30 days advance notice to the othet' pat'ty.
7. The pat'ty receiving custody of the Child shall be t'esponsible
to pt'ovide tt'ansportation with the exception that, until the Mothet' obtains
het' own cat', the Fathet' shall pt'ovide return tt'anspot'tation on the Child's
bit'thday, July 4th, the Father's bit'thday, Father's Day and aftet' the
Fathet"s week of summet' vacation. Fot' put'poses of this pt'ovision only the
t'eturn transpot'tation time shall be added onto the Father's t'egulady
scheduled custody pet'iod.
8. Neithet' pat'ty shall do at' say anything which may estt'ange the
Child ft'Oll the othet' pat'ent, injut'e the opinion of the Child as to the
othet' pat'ent at' which may hampet' the ft'ee and natut'al development of the
Child's love and t'espect fot' the othet' pat'ent.
9. The custodial pat'ty shall pt'omptly notify the othet' pat'ty of
any medical emet'gencies concet'ning the Child which at'ise dut'ing his at' het'
pet'iods of custody.
1..,:!~..('TC:
roO ., ',rp.{
,yj rr'-:-t\
,'..'
n. ','8
<I'
C::.
FtN;<'J'j \..:./tl;~ \
',..-
, .
ClIRTIS It, I.():'o\(;
I'rtllhuIIlII;II\ C;...
CUIIIIl\:rbnd ('nUIlI' _,,- '~
()Ill' l"tlUllhnu\l' SqU:Ilv-\.'\ t;'\\'
Ca,lI,k.I''\ 171111 !
G.-('-':i ;, "'\ \
CO __,.....af_, I)
'-1~: _ T_~J.L.
,'; ',! :,'1 :1" i. . .. ~
i41. r ".'"t. llf".ttb I~.I#:.-,,:~ f l ",'/lFO
. "T"'. . ,
'II .' ...f'ffn ~!'~lr ~. r', '''4
!_.:I.j,:~Lf.I,'.."~ll ;:UIJ:':D
',_I", 'j ~:':'::Il --'1,;~ , r
t i, ,r) ,'II-r' :11',' ':'."11
X',;',
IIf/not. I.?Clmpr't"
t/ S 00 {'lita /0 S t
, ~~.32
~,,,
-.;:..
.. . ~
"'",._.~ .~.....
"HW",",,,,,,", ':"""....
,"'1""
I lit{ !lail" l hUJ
/,
/'A.
1'7/.;;'-
Ronald Johnson, Esquirc
For thc Plaintiff/Rcspondcnt
_ a~u..J ",.;".(,.{, '1/2./9 i,
u ~,~,
Robert p, Klinc, Esquire
For thc Defcndant/Pctitioncr
:rlm
, .
AnOlt...n
LAw OFFICE
JAMES, SMITH, DURKIN & CONNELLY, LLP
P. 0. BOX 650
IlERSIlEY, PENNSYLVANIA 11U1HIMO
WE: HERIBY ClEltTI"" THAT THE: WITHIN .1
". TRUE AND CORRICT COPY 0' THE
ORIGINAL PlLID IN THIS ACTION
., . :n::t>"'l u r.t.-\,.
~~,
'0
YOU A"I[ H[lna., NOTIFIED TO PUAO TO
THE [HCLOUD WITHIN
TWINTY IZot DAYS 0' SERVICE HI:RIO' OR
Ii DI'''ULT JUDOMENT .....'t' tll [NTEIU:D
AGAINIIT YOU
.,
MICHAEL A. CLOUSER,
Defendant/Petitloner
: CIVIL ACTION - LAW
: IN CUSTOIlY
ALLISON N. RAMPER,
(formerly known as MULDER)
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 97 90 CIVIL TERM
ORIlER OF COURT
AND NOW. upon considcration of the attached Petition, it is hcrcby dircctcd that thc
partics and their respcctivc counsel appear bcforc, to",-,,,, '') '> rx\Yj
. Esquire. !hc Conciliator, on thc ~ day of C'~ 't:,'yy( 19!1i-, at
,,' u.) c.,M" attli~1t~~~~~i~~tc~tyl~~u~hdU5c. Carlislll.Pcnnsylvania, for a
Prc-Hcaring Custody Confcrcnec, At such Confercncc. an cffort will bc madc to rcsolvc thc issucs
in disputc; or if this cannot bc accomplishcd, to dcfinc and narrow thc issucs to bc hcard by thc
Court. and to cntcr into a Tcmporary Ordcr, All childrcn agc fivc or oldcr may also be prcscnt at
thc Confercncc, Failurc to appcar at thc Confcrcncc may providc grounds for thc cntry of a
tcmporary or pcrmancnt Ordcr, Notification to thc Defcndant by the Prothonotary's Office is
waivcd,
For thc Court,
Datc of Ordcr: (7/ \ ---II '1 reI
By
,
~--
ri'\))
YOU SHOULD TAKE nns PAPER TO YOUR LA WYER AT ONCE,
IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE.
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP,
Curnbcrland County Bar Association
2 Liberty A vcnuc
Carlislc, PA 17013
(717) 249-3166
VERIFICATION
I vcrify that thc statcmcnts madc in this Plcading arc truc and corrcct. I undcrstand that
falsc statcmcnts hcrcin arc madc subjcct to thc pcnaltics of 18 Pa,C.S, Scction 4904 relating to
unsworn falsification to authoritics.
Datc:
() " ,-,
/- ,') u '/ '1
>-~
/~::.. ~
'/,,'"
,... ,
~
EXHIBIT "A"
~; ',~ ~.~I~('r~~~"l.~ I
.. ." .:V~ '
,..,',~,~-~,~~~;-~,,- t~; k~, '.":'
. ,I . :......)~ ..,>"....;.~r...
.,." '," .....-.
~<f>'t.l';:~~~'~' .
.,....,~,. ~1~.,1\t}.,
r '':199 )Y.~'
- .-. - - -. - - -
-
ALLISON N. MULDER,
Plaintiff
IN THE COURT Of COMMON PLEAS Of
CUMBERLAND OJUNT'{, PENNSYLVANIA
vs.
NO. 97-90
CIVIL TERM
MICHAEL A. CLOUSER, CIVIL ACl'ION - LAW
Defendant I : CUSTODY
J;1'\OODER OF rom .
AND OCW, this day of , 1997,
upon consideration of t e attached Custody nciliation Report, it is
ordered and directed as follows:
1. The Custody provisions of this Court's prior Order dated
March 18, 1997 are vacated and replaced by this Order.
2. The Mother, Allison N. Mulder, and the father, Michael A.
Clouser, shall have shared legal custody of Samantha Lizabeth Clouser, born
May 30, 1994.
3. The Mother shall have primary physical custody of the Child.
4. The Father shall have partial physical custody of the Child
during alternating weeks from Thursday morning at 7:00 a.m. until Sunday
evening at 6:30 p.m. The alternating weekly periods of custody shal. begin
with the Father having custody of the Child on Friday, April 4, 1997 at
7:00 a.m. (and shall continue thereafter beginning on Thursdays). The
Father shall insure that the person providing care for the Child during his
periods ot employment will not smoke in the Child's presence.
5. The parties shall share or alternate custody of the Child on
holidays as follows:
A. Christmas - The Christmas holiday shall be divided into
Segment A, which shall begin on Christmas Eve at 6:00
p.m. and end on Christmas Day at 12:00 noon, and Segment
B, which shall begin on Christmas Day at 12:00 noon and
en::: =.n C.'1ristll'.aS Day a!: 8:00 p.m. The Mother shall have
custody of the Child during Segment A in even numbered
years and during Segment B in odd nUll'Oered years. The
Father shall have custody of the Child during segment A
in odd numbered years and during Segment B in even
nUll'Oered years.
B. New Years - The New Years holiday shall be divided into
Segment A, which shall begin on New Years Eve at 6:00
p.m. and end on New Years Day at 12:00 noon, and Segment
B, which shall begin on New Years Day at 12:00 noon and
end on New Years Day at 8:00 p.m. The Mother shall have
custody of the Child during Segment A in years when New
'fears Eve falls in odd nUll'Oered years and during Segment
B when New Years Eve falls in even nUll'Oered years. The
Father shall have custody of the Olild during Segment A
-
when New Yea~s Eve falls in even number-ed year-s and
dur-ing Segment B when New Yea~s Eve falls in odd number-ed
yea~s.
C. Easter- - In eve~ year-, the pa~ty who otherwise has
custody of the Child on the ~egular- weekend schedule
shall have custody of the Child on Easter- Sunday until
1:00 p.m. and the other- par-ty shall have custody of the
Child fr-om 1:00 p.m. until 6:30 p.m. on Easter- Sunday.
D. Thanksgiving/July 4th/Labor- Day - The Mothe~ shall have
custody of the Child on Labor- Day (7:00 a.m. until 7:00
p.m) and Thanksgiving (7:00 a.m. until 7:00 p.m.) in odd
number-ed year-s and on July 4th (7:00 a.m. until after- the
fir-ewor-ks) in even numbe~ed year-so The Father- shall have
custody of the Child on July 4th (7:00 a.m. until after-
the fir-ewor-ks) in odd number-ed year-s and on Thanksgiving
(7:00 a.m. until 7:00 p.m.) and Labor- Day (7:00 a.m.
until 7:00 p.m.) in even number-ed year-so
E. Child's Bir-thday/Father-'s Bir-thday/Father-'s Day - In
eve~ year-. the Father- shall have custody of the Child on
the Child's bir-thday and on Father-' s Day fr-om 7:00 a.m.
until 6:30 p.m. and or. the Father-'"" bir-thday from 8:00
a.m. until 8:00 p.m.
F. Memodal Day/Mother-'s Bir-thday/Mother-'s Day - In eve~
year-, the :-lather- shall have custody of the Child on
Memodal Day and Mother-'s Day fr-om 7:00 a.tn. until 6:30
p.m.. and on the Mother-'s bir-thday fr-om 8:00 a.M. until
8:00 p.m.
6. Each par-tv shall have a one week (fr-om Satur-day to Satur-day)
per-iod of uninter-rupted custody with the Child dur-ing each summer- vacation
upon pr-oviding 30 days advance notice to the other- par-tv.
7. The par-tv r-eceivinq custody of the ChIld shall be r-esponsible
to pr-ovide tr-anspor-tation with tne exception that. until the Mother obtains
her- own car-. the Father- shall pr-ovide r-etum tr-an"por-taticn on the Child's
bir-thday. July 4th. the Father-'s bir-thday. Father-'s Day and after- the
Father-'s week of summer- vacation. For- pur-poses of this pr-ovision only the
r-etur-n tr-anspor-tation time shall be added onto the Father-'s r-egulady
scheduled custody per-iod.
8. Neither- par-tv shall do or- say anything which may estr-ange the
Child fr-om the other- par-ent, inJur-e the opinion of the Child as to the
other- par-ent or- which may hamper- the fr-ee and natur-al developroent of the
Child's love and r-espect for- the other- par-ent.
9. The custodial par-tv shall p~omptly notlfy the other- par-tv of
any medical emer-gencies concer-ning the Child which ar-ise dur-ing his or- her-
per-iods of custody.
10. 'Ill!... Order !... entered pursuant to an agreement of the parties
dt a CUstody Conciliation Conference. The parties may modify the
provisions of I::,is Order by mutual agreement. In the absence of mutual
agreement, the provisions of this Order shall control.
cc: Joan Carey, Esquire - Counsel for Mother
Robert P. Kline, Esquire - Counsel for Father
""';""C,<L ~/8 /'1'1
~ ).1
ALLISON N. RAM PER,
(formerly known as MULDER)
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97 90 CIVIL TERM
MICHAEL A. CLOUSER,
DefendantJPetitioner
: CIVIL ACTION - LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
I, John J. Connelly, Jr., Esquire, of James. Smith. Durkin & Connelly, attorney for the
Petitioner, Michael A. Clouser, hereby certify that I have served a copy of the foregoing Petition to
Modify Existing Custody Order on the following on the date and in the manner indicated below:
U.S MAIL. FIRST CLASS. PRE-PAID
Allison N. Rampcr
692 Cumberland Pointe Circle
Shiremanstown. PA 17055
JAMES. SMITH. DURKIN & CONNELLY
DATE:
q-~-'J'/
, /' C'" .(",
" ~ '0 '. 1...
By: -",<' '..;
John 1. Conrielly, Jr.. Esquire'
Attorney for Petitioner
PoSt Office Box 650
Hershey. PA 17033
(717) 533-3280
PA 1.0. No. 15615
ALLISON N. HAMPER (formerly known as IN TflE COUR'r OF COMMON PLEAS OF
MULDER) , Plaintiff/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA
.
~"
vs. : NO. 97- 'CIVIL TERM
CIVIL ACTION - LAW
MICflAEL A. CLOUSER, :
Defendant/Petitioner IN CUSTODY
OODER OF CXXlRT
AND N(lIi, this -II day of ^"~ , 1999, upon
consideration of the attached Custody Conciliation Report, it is ordered and
directed as follows:
1. The prior Order of this Court dated April 7, 1997 is vacated
and replaced with this Order.
2.
Clouser, shall
May 30, 1994.
The ~lother, Allison N. Ramper, and the Father, Michael A.
have shared legal custody of Samantha Lizabeth Clouser, born
3. The Mother shall have primary physical custody of the Child.
4. The Father shall have partial physical custody of the Child
during alternating weeks from Thursday at 5:00 p.m. until Sunday at 7:00
p.m. during the school year and until 8:00 p.m. during the SUl11l1er school
break. Unless the Father has off from work on the Friday of his weekend
period of custody, the Father shall drop off the Child at the Mother's
residence at 7:30 a.m. on Friday and pick the Child up at the Mother's
residence at 5:00 p.m. on Friday. The alternating weekly periods of custody
shall begin with the Father having custody of the Child on Thursday,
November 4, 1999. During the interim weeks when the Father does not have a
weekend period of custody beginning on Thursday, the Father shall have
custody of the Child from 5:00 p.m. on Thursday through the following Friday
morning at 7:30 a.m.
5. To enable the Child to go on a trip to Disney World with the
Father, the parties agree to exchange regular weekend periodS of custody so
that the Father has custody of the Child from Wednesday, November 10, 1999
at 8:00 p.m. through Sunday, November 14, 1999 at the time of return from
the trip. The Mother shall have custody of the Child on the following two
weekends and the alternating weekend custody schedule shall resume
thereafter.
6. The parties shall share or alternate having custody of the
Child on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into
Segment A, which shall run from after school on the last day
of school before the holiday through Christmas Day at 12:00
noon, and Segment B, which shall run from Christmas Day at
12:00 noon through December 28 at 12:00 noon. The Father
shall have custody of the Child during Segment A in odd
numbered years and during Segment B in even numbered years.
The Mother shall have custody of the Child during Segment A in
even numbered years and during Segment B in odd numbered
years.
B. tID'i YEARS: The New Years holiday shall be divided into
Segment A, which shall begin on New Years Eve at 6:00 p.m. and
end on New Years Day at 12:00 noon, and Segment B, which shall
begin on New Years Day at 12:00 noon and end on New Years Day
at 8:00 p.m. The ~lother shall have custody of the Child
during Segment A in years when New Years Eve falls in odd
numbered years and during Segment B when New Years Eve falls
in even numbered years. The Father shall have custody of the
Child during Segment A when New Years Eve falls in even
numbered years and during Segment B when New Years Eve falls
in odd numbered years.
C. EASTER: In every year, the party who otherwise has custody of
the Child on the regular weekend schedule shall have custody
of the Child on Easter Sunday until 1:00 p.m. and the other
party shall have custody of the Child from 1:00 p.m. until
6:30 p.m. on Easter Sunday.
D. TllANKSGIVING/JULY 4th/LJ\IlOO DAY: The Mother shall have
custody of the Child on Labor Day (7:00 a.m. until 7:00 p.m.)
and Thanksgiving (7:00 a.m. until 7:00 p.m.) in odd numbered
years and on July 4th (7:00 a.m. until after the fireworks) in
even numbered years. The Father shall have custody of the
Child on July 4th (7:00 a.m. until after the fireworks) in odd
numbered years and on Thanksgiving (7:00 a.m. until 7:00 p.m.)
and Labor Day (7:00 a.m. until 7:00 p.m.) in even numbered
years.
E. CHILD'S BIRTIIDAY/FATlIER'S BIRTIIDAY/FATlIER'S DAY: In every
year, the Father shall have custody of the Child on the
Child's birthday and on Father's Day from 7:00 a.m. until 6:30
p.m. and on the Father's birthday from 8:00 a.m. until 8:00
p.m.
I' . H&'DUJ\L DAY/MOI'IIER' S BIRTIlDAY/MOTIIER' S DAY: In every year,
the Mother shall have custody of the Child on Memorial Day and
Mother's Day from 7:00 a.m. until 6:30 p.m., and on the
Mother's birthday from 8:00 a.m. until 8:00 p.m.
G. TlUCK-<IR-'l'REAT NIGHT: The parties shall alternate having
custody of the Child on Trick-or-Treat night, with the Mother
having custody of the Child during odd numbered years and the
Father having custody dudng even numbered years. In the
event Trick-or-Treat night falls on different dates in each
party's community, each party shall have custody for his or
her community's Trick-or-Treat night.
fl. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
7. Each party shall have three non-consecutive weekly periods
(from Saturday to Saturday) of uninterrupted custody with the Child during
each SUl11l1er school vacation upon providing at least 60 days advance notice
to the other party. The party who provides notice first shall have
preference in selecting his or her periods of custody under this provision.
Each party shall schedule periodS of custody under this provision to include
his or her regular weekend period of custody. Neither party may schedule
periods of custody under this provision to interfere with the other party's
period of holiday custody.
8. The Father shall reimburse the Mother for the cost of her
tickets to Disney on Ice which was scheduled during the period of the
Father's trip to Disney World. In addition, the Father shall reimburse the
Mother for the cost of 3 tickets which she will purchase for a skating event
of her choice in f1ershey in the future.
9. In the event the Father is unavailable for an overnight period
or longer during his periods of custody, the Father shall first contact the
Mother to give her the opportunity to have custody of the Child during the
period he is unavailable before making other arrangements for the Child's
care.
10. If either party removes the Child from his or her residence
for 2 consecutive nights or longer, that party shall provide advance notice
to the other party of the location where the Child can be reached in the
event of an emergency.
11. The custodial party shall promptly notify the other party of
any medical emergencies concerning the Child which arise during his or her
periods of custody.
12. Neither party shall do or say anything which may estrange the
Child from the other parent, injure the opinion of the Child as to the other
parent, or hamper the free and natural development of the Child's love and
respect for the other parent.
13. This Order is entered pursuant to an agreement of the parties
at a Custody conciliation Conference. The parties may modify the provisions
of this Order by mutual consent. In the absence of mutual consent, the
terms of this Order shall control.
BY TflE COURT,
~^ ;14~ '.'
cc: Maria P. Cognetti, Esquire - counsel,tjr Mother ,/{,1.'1lLC1J j}l LClJd
John J. Connelly, Esquire - Counsel jr Father / I - Lj - q 9
(\LK
ALLISON N. RAMPER (formerly known as : IN THE CCURT OF COMMON PLEAS OF
MULDER) , Plaintiff/Respondent : CUMBERLAND CCUNTY, PENNSYLVANIA
vs. NO. 97-9017 CIVIL TERM
: CIVIL ACTION - LAW
MICHAEL A. CLOUSER,.
Defendant/petitioner : IN CUSTODY
OODER OF a:xJRr
AND !-Oi, this ~..h day of
consideration of the attached CUstody Conc
directed as follows:
, 1999, upon
it is ordered and
1. The prior Order of this Court dated April 7, 1997 is vacated
and replaced with this order.
2. The Mother, Alliscn N. Ramper, and the Father, Michael A.
Clouser, shall have shared legal C'.JStody of Samantha Lizabeth Clouser, born
May 30, 1994.
3. The Mother shall have primary 9hysical custody of the Child.
4. The Father shall have partial physical C'.JStody of the Child
during alternating weeks from Thursday <"t 5:00 p.m. until sunday at 7:00
p.m. during the school year and until 8:00 p.m. during the sUIllOOr school
break. unless the Father has off from work on the Friday of his weekend
period of custody, the Father shall droP off the Child at the Mother's
residence at 7:30 a.m. on Friday and pick the r.hild up at the Mother's
residence at 5:00 p.m. on Friday. The alternating weekly periods of custody
shall begin with the Father having custody of the Child on Thursday,
November 4, 1999. During the interim weeks when the Father does not have a
weekend period of custody begiMing on Thursday, the Father shall have
custod<l of the Child from 5:00 p.m. cn Thursday t.'1rough tha following Friday
rrorning at 7:30 a.m.
5. To enable the Child to go on a trip to Disney World with the
Father, the part:ies agree to exchange regular ''''e''..kend periods of custody so
that the Father has custody of the Child from Wednesday, November 10, 1999
at 8:00 p.m. through sunday, November 14, 1999 at the time of return frcm
the trip. The Mother shall have custody of the Child on the following two
weekends and the alternating weekend custody schedule shall resume
thereafter.
6. The parties shall share or al=ernate having custody cf the
<:'1ild on holidays as follows:
A. CBRISJ1'IAS: The c.'1rist:nas holiday shall be divided into
segment A, which shall n:n from after school cn the last day
of school before the holiday t.'1r':lugh c.'1r:.stmas Day at 12 :00
noon, and Segment B, which shall run from ChristmaS Day at
12:00 noon through December 28 at 12:00 noon. The Father
shall have custody of the Child during segment A in odd
nUll'l:lered years and during segment B in even numbered years.
The Mother shall have custody of the Child during segment A in
even numbered years and during segment B in odd numbered
years.
B. NDi YEARS: The New Years holiday shall be divided into
segment A, which shall begin cn New Years Eve at 6:00 p.m. and
end on New years Day at 12:00 noon, and segment B, which shall
begin on Ne'J Years Day at 12:00 noon and end cn New Years Day
at 8:00 p.m. The Mother shall have custody of the Child
durl.ng segment A in years when New Years Eve falls in odd
nurrbered years and during segment B when New years Eve falls
in even numbered years. The Father shall have custody of the
Child during segment A -.men New years Eve falls in even
numbered years and during segment B ..."hen New Years Eve falls
in odd nurnbered years.
C. ~: In every year, the party who otherwise has custody of
the Child en the regular wee.lcend schedule shall have custody
of the Child on Easter sunday until 1:00 p.m. and the other
party shall have' custody of the Child frcm 1:00 p.m. until
6:30 ".m. en Easter sunday.
D. ~/JULY 4t:h/1'.ABC!l: DAY: The Mother shall have
custody of the Child on Labor Day (7:00 a.m. until 7:00 p.m.)
and Thanksgiving (7:00 a.m. until 7:00 p.m.) in odd numbered
years and on July 4th (7:00 a.m. until after the fireworks) in
even numbered years. The Father shall have custody of the
Child on July 4th (7:00 a.m. until after the fireworks) in odd
numbered years and on Thanksgiving (7:00 a.m. until 7:00 p.m.)
and Labor Day (7:00 a.m. until 7:00 p.m.) in even numbered
years.
E. CBJLD'S BJRl'llDAY/FJ\l'!lER'S BIR1'I!DI\Y/FJ\l'!lER'S DAY: In every
year, the Father shall have cust:OOy of me Child on the
Child's birthday and on Father'S Day from 7:00 a.m. until 6:30
p.m. and on the Father'S birthday from 8:00 a.m. until 8:00
p.m.
F. ~ DAY/!fJl'BER'S BIRffiCAY/~='S DAY: In every year,
the Mother shall have custody of the Child on Memorial Day and
Mother'S Day from 7:00 a.m. until 6:30 p.m., and on the
Mother's birthday from 8:00 a.m. until 8:00 p.m.
G. 'mlCK-cR-'mEAT NIGfr: The parties shall alternate having
=tody of the Child on Trick-<Jr-!'::'eat night, with the Mother
having custody of the c.'1ild durin<; odd nurrCered years and the
Father having C',J5t:x:y during even numbet"ed years. In the
event Tric.lc-cr-Treat nioht falls on diffet"ent dates in eac.'1
party's ccrrmunity, eac.'1" party shall have C'.lstody fer his or
her ccmmunity's Trick-or-Treat night.
7. Each party shall have three non-consecuti ve weekly periods
(from saturday to Saturday) of uninterrupted custody with the Child during
each SUll11lCr school vacation upon providing at least 60 days advance notice
to the other party. The party who provides notice first shall have
preference in selecting his or her periods of custody under this provision.
Each party shall schedule periods of custody under this provision to include
his cr her regular weekend period of custody. Neither party may schedule
periods of custody under this provision to interfere with the other party's
period of holiday custody.
H. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
8. The Father shall reimburse the Mother for the cost of her
tickets to Disney on Ice which was scheduled during the period of the
Father's trip to Disney World. In addition, the Father shall reimburse the
Mother for the cost of 3 tickets which she will purchase for a skating event
of her choice in Hershey in the future.
9. In the event the Father is unavailable for an overnight period
or longer during his periods of custody, the Father shall first contact the
Mother to give her the opportunity to have custody of the Cluld during the
period he is unavailable before making other arrangements for the Child's
care.
10. If either party removes the c.,ild frcrn his or her residence
for 2 consecutive nights or longer, that party shall provide advance notice
to the other party of the location where t.,e Child can be reached in the
event of an emergency.
11. The custodial party shall prcmptly notify the other party of
any medical emergencies concerning the Child which arise during his or her
periods of custody.
12. Neither party shall do or say anything which may estrange the
Child fran the other parent, injure t.,e opinion of the Child as to the other
parent, or hamper the free and natural developnent of the Child's love and
respect for the other parent.
13. This Order is entered pursuant to an agreement of the parties
at a Custody conciliation Conference. The parties may modify the provisions
of this Order by mutual consent. In the absence of mutual consent, the
terms of this Order shall control.
~.?......... "..- ,','
i .')i: '.. _::. . " .... I" (~. '.. .
In Te3t~!il":" ',:'. ,"; ,... ~ ~ ," ;" :;",~'~ ~p: :1"" ~,~h:
BY THE COURT,
" . I;.: ':',1::'" ~.~_ :~:<\i~!,i, ?n.
..9..9.._
-
/3/ f,v:",) j f,~'1,J
J.
cc:
JtroI
Maria ? eognetti, Esqulre - counsel for Mother
John J. Connelly, Esquil:'e - counsel for ,ather
JII\;
"; ifnI
---7\,'>l
ALLISON N. RAMPER,
plaintiff
IN TflE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
NO. 97-90
CIVIL TERM
.
.
MICHAEL A. CLOUSER,
Defendant
:
CIVIL ACTION - LAW
IN CUSTODY
.
.
OODER OF CXXlRT
"Jr! lJo~
AND N(lIi, this day of , 2000, upon
consideratioo of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The prior Order of this Court dated November 4, 1999 is vacated
and replaced with this Order.
2. The Mother, Allison N. Ramper, and the Father, Michael A. Clouser,
shall have shared legal custody of Samantha Lizabeth Clouser, born May 30,
1994. Each parent shall have an equal right, to be exercised jointly with
the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions
regarding her health, education and religion.
3. The Mother shall have primary physical custody of the Child.
4. The Father shall have partial physical custody of the Child during
alternating weeks from Thursday at 5:00 p.m. through Sunday at 7:00 p.m.
during the school year, and until 8:00 p.m. during the summer school break.
After school on Friday, the Child shall ride the bus to the Mother's
residence where the Father shall pick up the Child after work. During the
interim weeks when the Father does not have a weekend period of custody
beginning on Thursday, the Father shall have custody of the Child from 5:00
p.m. on Thursday through the following Friday morning before school. The
Father shall be responsible to get the Child on the bus for school on
Friday mornings.
5. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. alRISTMAS - The Christmas holiday shall be divided into
Segment A, which shall run from after school on the last day of
school before the holiday through Christmas Day at 12:00 noon, and
Segment B, which shall run from Christmas Day at 12:00 noon
through December 28 at 12:00 noon. The Father shall have custody
of the Child during Segment A in odd numbered years and during
Segment B in even numbered years. The Mother shall have custody
of the Child during Segment A in even numbered years and during
Segment B in odd numbered years.
B. tID'i YEARS - The New Years holiday shall be divided into
Segment A, which shall begin on New Years Eve at 6:00 p.m. and end
on New Years Day at 12:00 noon, and Segment B, which shall begin
on New Years Day at 12:00 noon and end on New Years Day at 8:00
p.m. The Mother shall have custody of the Child during Segment A
in years when New Years Eve falls in odd numbered years and during
Segment B when New Years Eve falls in even numbered years. The
Father shall have custody of the Child during Segment A when New
Years Eve falls in even numbered years and during Segment B when
New Years Eve falls in odd numbered years.
C. EASTER In every year, the party who otherwise has custody
of the c~ild on the regular weekend schedule shall have custody of
the Child on Easter Sunday until 1:00 p.m. and the other party
shall have custody of the Child from 1:00 p.m. until 6:30 p.m. on
Easter Sunday.
D. THANKSGIVING/JULY 4th/LABOO DAY - The Mother shall have
custody of the Child on Labor Day (7:00 a.m. until 7:00 p.m.) and
Thanksgiving (7:00 a.m. until 7:00 p.m.) in odd numbered years and
on July 4th (7:00 a.m. until after the fireworks) in even numbered
years. The Father shall have custody of the Child on July 4th
(7:00 a.m. until after the fireworks) in odd numbered years and on
Thanksgiving (7:00 a.m. until 7:00 p.m.) and Labor Day (7:00 a.m.
until 7:00 p.m.) in even numbered years.
E. CHILD'S BIRTIIDAY/FATIIER'S BIRTIIDAY/FATlIER'S DAY - In every
year, the Father shall have custody of the Child on the Child's
birthday and on Father's Day from 7:00 a.m. until 6:30 p.m. and on
the Father's birthday from 8:00 a.m. until 8:00 p.m.
F. MEHCIUAL DAY/MOTIIER'S BIRTIlDI\Y/MOTIIER'S DAY - In every year,
the Mother shall have custody of the Child on Memorial Day and
Mother's Day from 7:00 a.m. until 6:30 p.m. and on the Mother's
birthday from 8:00 a.m. until 8:00 p.m.
G. TlUCK-<IR-IffiEAT NIGlrr - The parties shall alternate having
custody of the Child from 5:00 p.m. until 8:30 p.m. on
Trick-or-Treat night, with the Mother having custody of the Child
during odd numbered years and the Father having custody during
even numbered years. In the event Trick-or-Treat night falls on
different dates in each party's corrmunity, each party shall have
custody for his or her community's Trick-or-Treat night.
II. The holiday custody schedule shall supersede and take
precedence over both the regular custody schedule and the vacation
custody schedule.
6. Each par.ty shall have 3 non-consecutive weeks (from Friday at 5:00
p.m. through Friday at 5:00 p.m.) of uninterrupted custody with the Child
during each summer school vacation upon providing at least 60 days advance
notice to the other party. The party who provides notice first shall have
preference in selecting his or her periods of custody under this provision.
Each party shall schedule periods of custody under this provision to begin
on his or her regular weekend period of custody. Neither party may
schedule periods of custody under this provision to interfere with the
other party's period of holiday custody. The parties shall be reasonable
in cooperating with each other to make any necessary adjustments to the
return time for a period of vacation custody to accorrmodate rental
arrangements.
7. In alternating years, each party shall be entitled to have an
additional 7 day period of vacation custody with the Child during the
school year upon providing at least 60 days advance notice to the other
party and conditioned upon obtaining school approval. The 7 day period of
custody under this provision shall be scheduled to encompass that party's
regular weekend period of custody. The parties shall be reasonable in
cooperating with each other to make any necessary adjustments to the return
time in order to accorrmodate rental arrangements. The Father shall be
entitled to exercise the right to a period of custody under this provision
during odd numbered grade years (first grade, third grade, fifth grade,
etc.) and the Mother shall be entitled to exercise the right to a period of
custody under this provision during even numbered grade years (second
grade, fourth grade, sixth grade, etc.). Neither party may schedule a
period of custody under this provision to interfere with the other party's
period of holiday custody.
8. The Father shall reimburse the Mother for the cost of three
tickets which she has or will purchase for a skating event of her choice in
f1ershey.
9. In the event the Father is unavailable for an overnight period or
longer during his periodS of custody, the Father shall first contact the
Mother to give her the opportunity to have custody of the Child during the
period he is unavailable before making other arrangements for the Child's
care.
10. If either party removes the Child from his or her residence for 2
consecutive nights or longer, that party shall provide ad\1ance notice to
the other party of the location where the Child can be reached in the event
of an emergency.
ll.
medical
periods
The custodial party shall promptly notify the
emergencies concerning the Child which arise
of custody.
other party of any
during his or her
12. Neither party shall de or say anything which may estrange the
Child from the other parent, injure the opinion of the Child as to the
other parent, or hamper the free and natural development of the Child's
love and respect for the other parent.
ALLISON N. RAMPER, IN TflE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
vs. . NO. 97-90 CIVIL TERM
.
MICHAEL A. CLOUSER, . CIVIL ACTION - LAW
.
Defendant IN CUSTODY
PRIOO JUDGE: Kevin A. IIe88
C1JSTOOY aK:ILIATICN SlHlARY REPOOT
IN ACXDUlANCE WITII ClI1IlERLAND CXXM'Y RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTII
CllRRmrLY IN CUS'lWY OF
Samantha Lizabeth Clouser
May 30, 1994
Mother
2. A Conciliation Conference was held on October 26, 2000, with the
following individuals in attendance: The Mother, Allison N. Ramper, with
her counsel, Maria P. Oognetti, Esquire, and the father, Michael A.
Clouser, with his counsel, John J. Connelly, Jr., Esquire.
3. The parties agreed to entry of an Order in the form as attached.
('JcfolJ&' 3/ /)OD.')
Date .
{;." /L-i J" Ja~,
Dawn S. Sunday, Esquire u
Custody Conciliator
II
,. '"
,
SWARTZ, CAMPBELL & DETWEILER
By: Robert B. Mulhern, Jr. /Dean C.
Identification Nos.: 34590/86427
1601 Market Street, 34th Floor
Philadelphia, PA 19103
(215) 564-5190
Nichols
Attorneys for Defendants,
Stephen Davis, M.D.,
Charles Inners, M.D. and
Inners-Davis Associates
PAUL LITTLE, individually and as
the Executor of the Estate of
DOLORES LITTLE, Deceased
COURT OF COMMON PLEAS
CUMBERLAND COm,TY
v.
CIVIL ACTION
NO. 97-99
HOLY SPIRIT HOSPITAL, et al.
PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment in favor of defendants, Stephen Davis, M.D.,
Charles Inners, M.D. and Inners-Davis Associates on the attached Order
of Court dated June 17, 2002 granting their respective Motions for
Summary Judgment.
Respectfully submitted,
SWARTZ, CAMPBELL & DETWEILER
BY: iJ (~
Robert B. Mulhern, Jr.
Dean C. Nichols
Attorneys for Defendants,
Stephen Davis, M.D.,
Charles Inners, M.D. and
Inners-Davis Associates
SWARTZ. CAMPBELL S.. DETWEilER
."1 IlId'(',.d ".Ih" .....,'.... ." I', "I '" ".01 ". .-,- I I "..-, I.", . "
.
-
. ..h...:.... ..
PAUL UTILE, Individually and
as the executor of the estate
of DOLORES UTTLE, deceased,
PLAINTIFF
V.
HOLY SPIRIT HOSPITAL,
SPORTING HILL FAMILY HEALTH
CENTER, INTERNISTS OF CENTRAL
PENNSYLVANIA, LTD., MICHAEL
GLUCK, M.D., L. LYNNE BRITTON,
M.D., RICHARD SCHREIBER, M,D.,
JAMES TYNDALL, M.D., PETER
BRIER, M.D., IRA PACKMAN, M.D.,
ROBERT j("A,N+OR, M.D., STEPHEN
DAVIS, M.D., CHARLES INNERS, M.D.,:
and INNERS DAVIS ASSOCIATES,
DEFENDANTS : 97-0099 CIVIL TERM
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
AND NOW, this
ORDER OF COURT
\ 1\ day of June, 2002, the motion of all the above-
named defendants for summary judgment, IS GRANTED WITH PREJUDICE.
By the Court,
/
7. It is the Petitioner's belicfth.tt it is in the best interests of the minor child thatthc
Custody Order datcd November 3. 2000 be modified.
WHEREFORE, your Pctitioner, Michael A. Clouser, requcsts that the Court modify the
Order of Court dated November 3, 2000.
Respectfully submittcd,
JAMES, S~IITI/,IIIE'ITEIUCK & CONNELLY LU'
Date: '--I' (.J lot;
\. "
By: -..
John ,Connelly, Jr., Esquire
~tome~r Pctitidncr .
Post Office Box 650
Hershey, P A 17033
(717) 533-3280
PA 1.0. No. 15615
B. ~ YEARS - The New Yea=s holiday shall be divided into
Segment h, wnich shall begin on Ne.' Yea=s Eve at 6:08 p.m. and ena
on New Yea::-s Da}' at 12:00 noon, and Segment B, which shall begin
on New Yea::-s Day at 12:00 noon and end on New Yea=s Day at 8:00
p.m. The Mother shall have custody of the Child du::-ing Segment A
in years when New Yea::-s Eve falls in odd numbered yea::-s and during
Segment B when New Years Eve falls in even numbered yea=s. The
Father shall have custody of the Child du::-ing Segment A when New
Years Eve falls in even numbe::-ed yea::-s and du::-ing Segment B when
New Yea::-s Eve falls in odd numbered years.
C. EASTER In every year, the pa..-t:y who othe::-wise has custociy
of the COild on the =eoula= weeJ:ene schedule shall have custod\' of
the Child on Easte= Sunday until 1:00 p.rr.. and the other ~::ty
shall have custo::iy of the Child f::-om 1:08 p.m. until 6:38 p.rr.. on
Easte::- sunday.
D. THAN1".sGIVING/JULY 4th/LAB:JR Dl\Y - The Mothe::- shall have
custody of the Child on Labo::- Day (i:oo a.m. until 7:00 p.m.) and
Thanksgiving (7:00 a.rr.. until 7:00 p.m.) in odd numbe::-ed yea=s and
on July 4th (7:00 a.m. until afte::- the fi::-ewo=ks) in even numbe::-ed
years. The Fathe::- shall have custody 0: the Child on July 4th
(7:00 a.m. until a:te::- the fi::-ewo::-J:s) in od:5 numbe::-ed yea::-s and on
ThanJ:sgiving (7:08 a.m. until 7:00 p.m.) and Labo::- Day (7:00 a.rr..
until 7:00 p.m.) in even numbe::-ed yea::-s.
E. CIIILD'S BIP.TIIDAY/FATHER'S BIRTHDAY/Fl'.THER'S Dl\Y - In every
yea::- , the Fatner snaIl have cus::ody 0: tne ::nild on the Child's
birthday and on Fathe::-'s Day f::-om 7:00 a.m. until 6:30 p.m. and on
the Father's bi::-thday f=om 8:08 a.m. until 8:00 p.m.
F. f1EIoaUAL DAY/M::Y.rHER'S BIRTHDAY/M:YrHER'S DAY - In eve::-y yea::-,
the Nothe::- snall nave cus:o~' of the Cnild on Nemo::-ial Day and
Mothe::-'s Day f::-om 7:00 a.m. until 6:30 p.rr.. anc1 on the Nothe::-'s
birthday :::-om 8:D:i a.m. until 8:00 p.m.
G. TRIClH)R-TREAT NIGHT - The ?-::-ties s:,all al:e:na:e having
custo:jy 0: Ule Child f::-~I 5:00 p.m. un-:il 8:30 p.m. on
T:'ick-or-T::-eat night, Hi th the ~lothe::- hal'ing ::ust::dy ::: the ::hilc1
du::-ing odd numbe:.-ed yea::-s an:: :he Fa::he:.- having cus::o~' du:.-ing
even nurrbe::-e:i vea:'S. In the even: ~':."'i=k-o::--'I-:='ea: niqh: falls on
di:fe::-en: dates in ea=h pa:.-:y's community, each pa:.-:y sh"ll have
custo:iy f~:: his 0:: he:: c:nnrrii.l."1i~y's ~,:"i:i:-:)::-'I':"ea: nigh:.
H. The h::>liciay cus:.:dy s:he:iule shall supe=se:ie and :a}:e
p::e:e:ien=e ove:- b::>':h the ~e~ula= =us':o:iy s::he:iule an:: :n: vaca:.ion
=us:ooy s::hedule.
6. Each party shall have .3 n:m-consecutive wee):s (from F::"iday at 5:0D
p.m. t:hrough F::"iday at 5:00 p.m.) of uninte:.-=uptro custody ..dth the Chile
du:.-ing each SUImle:.- school vacation upon p:.-oviding at least 60 days advance
notice to the othe:- patty. The party who p:.-ovides notice fi:.-st shall have
p:.-eference in selecting his or her pe:.-iods of custo6y uncer this p:.-ovision.
Each party shall schedule perio:Js of custocy unde:.- this p:.-ovision to begin
on his 0:'- he:.- :.-egula:.- weekend pe:.-iod of custody. Neither patty may
schecule pe:.-io:Js of custody unae:.- 1:his p:,-o\'ision to inte:.-fere 1,d th the
other party's pe:.-iod of holiday custody. Tne pa:.-ties shall be reasonable
in coope:.-ating with each other' to make any necessary adjustments to the
:.-eturn time fo:.- a pedod of vacation custo6y to accorrmodate rental
ar:.-angements.
7. In alte::nating years, ea=h ::a::1:y she.ll be en~itleci to have an
aaditional 7 day pe:.-iod 0: vacation custo6y .'ith the :hild curing the
school year upon ;::.-oviding at leaS1: 6D days advance notice to the othe:.-
party and conditioned upon obtaining school app:.-oval. The 7 day pe:.-iod of
custoc:iy unoe:: this p:.-ovision shall be schedule:i to encompass that pa:.-ty's
regular weekena perioo of cus~o:iy. The ?a~ies Ehall be reasonable in
cooperating with each o::he:: to rnal:e any necessa:y adjustments to the :.-eturn
time in o:.-oe:.- to accomnoaate rental a:::.-angements. The Father shall be
entitled to exercise the :.-ight ::0 a period of cus::oay under thLs p:.-ovision
ouring odd nurnbe:.-ed g:.-ade years (fi:.-st g:.-a:ie, thi:.-e graae, fifth g:.-ade,
etc.) an:i the Mothe:.- shall be entitlea to exe::cise the right to a pe:.-iod of
custody unee:: this p:.-o\'ision ouring even nurrt>e:.-e:i g:.-aae yea:.-s (secona
g:.-ade I fou..-th g:.-ade, si::::h g:.-a:ie, e::c.). Nei::he:.- pa:.-::y may schedule a
pe::-icx:1 of custody unde::- this: p::oviEion -:=. in=e::-:ere "..ith =he other pa:"tyl s
pe:.-ioc1 of ho1i:iay custodj'.
8. The Father shall reirr01.::.-se ::he ~lo::he:: fo:: the cost of th::ee
:i::l~ets whi::::h she has or will pu==hase fo:: a sJ:a-:.in;: even': of he::- choice in
He:.-shey.
c
-'
In ti1e event tile Father is unavailable f~:- an ove=night perio:5 0::-
oll:"ing nlS pe::-io:is of cus:.o:3y I the Fa-:.ne:- shall ::irst conta=t the
to give he:: the o;::po~uni::y to have custody of the Chile during the
he is unavailable befo:-e maj:in9 o,:he:- e=-=an~emeil~ f~:- the Child I s
longer
Mother
pedO::]
ca:-e.
Ie. If eithe:- oa=tv :-ern~ves :he :hil~ =:-om hi~ 0:'- he:- reSlaence fo~ 2
conse=utivE- nign:s 0:- ion~e:.-, =nat ;.a=':y shall p:-oid:iE' aavan=e notice to
~e othe:- pa:-ty 0: =ne location whe::e the :nilc1 can .oe ::ea=-~e:: in th= event
of an eme::;Jency.
2.1.
rredi=al
?=:-io:is
The c~5t:dial =a~v shall :J=ofO,:l,. no,:i:v ':he c=he:.- .;:art:y 0: any
eme:.-gencies =:m=e::nin~ ':ne :h{lo" whi::h ~:-is~ ciu=it1:? his 0:- he~
0: =.:l5'::>:51'.
12. Neithe:.- p3.:.-:y shall
:hilci ::-::m ~he o':ne~ ?a::en:.,
othe:- ;>a:-en:., 0:- narr.;>e= ~e
lov; an:5 :-es::>-==: ::::- ,:he ~:he=
d~ 0:: S3.y anj:::-'iin~ .'hich rray es::::an;le '=he
inju::e the ::;:>:.nl=~. ::: ,:he :n:..i:5 as t.o the-
::-ee- ana na':u:.-al :5evel:::pmEn: 0: :.he :hilc I s
?a=en:..
ALLISON N. RANPER,
PIainti::
IN THE c:liJRT OF OOMMON PLEAS OF
CUNBERLAND C:xJt\"!'l', PENNSl.'1 VAllI;.
vs.
: NO. 9i-90
CIVIL TERM
.
.
MICHAEL A. CLOUSER,
Defendant
C!\~L ACTION - LA~
: IN CUSTODY
PRIOR.:JUIXiE: Kevin 1.. Bess
CDSTODY CDiI:::n.IATIOO SOMMARY REP:RI'
IN ACCJ:lIDAN:::E WITH cnmERLAND CXXlNTY RO"..E; CF CIVIL PRiXEDURE
1915.3-8, the undersigned Cus::odl' Con::ilia::or submics the following report:
1. The percinenc informacion c:m::erning the cnil:1 who is che subje::c
of this litigation is as follows:
NAME
DATE OF BIRrB
c:DRRmrr.Y IN COS'l'ODY CF
Samantha Lizabeth Clouser
May 30, 1994
M::>ther
2. A Concilia::ion Ccnferen::e I<"aS held on Cctobe::- 26, 2008, ;dth the
followil13 in:1i viauals in a::::enoance: The Ho::he::-, JJ.lison N. Ram;:>er, with
her counsel, Maria P. Cognecci, Esquire, and the Fache::-, ~li::hael h.
Clouse:', wi::h his counsel, John c. Connelly, J::-., Esquire.
3. The pa:ties agreec to en=:y 0: an O:'oe= in :.he f:l=rrl as attached.
/,
I I /!
)~.~".L-!.i. "f___~;:'~r":"/..G..-.
Dawn s. Sunday, Esg'~ire v
Custo~' Con::iliacor
ALLISON N. RAM PER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
97-')0
CIVIL ACTION LAW
MICHAEL A. CLOUSER
Defendant
IN CUSTODY
Prior Judge: Kevin A. Hess
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITII CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, thc undersigned Custody Conciliator submits the following report:
1. The pertinent inronnation concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTII
CURRENTLY IN CUSTODY OF
Sumantha Lizabeth Clouser May 30, 1994
Mother
2. A conciliation conference wus held on May 3, 2005, with the following individuals in
ullendance: The Mother, Allison N, Ramper, with her counsel, Mariu P. Cognelli, Esquire, and the
Father, Michacl A. Clouser, with his counsel. John J. Connelly, Jr. Esquire.
3. This Court previously cntered un Order in this muller on Novcmber 3, 2000 under which the
Mother hus primary physicul custody or the Child und the Father has partial custody on alternating
wcekends from Thursduy through Sunday and during the interim weeks from Thursday through Friday.
The Futher filed this Petition for Modilicution requesting, umong other things, un extension of his
weekend periods of custody through Monduy morning. The purties, through counsel, ut the conference
were unable to reuch an ugreement und it will be nceessary to schedule u hearing.
4. The Futher's position on custody is us follows: The Futher seeks to extend his weekend
periods of custody into Monduy morning us he feels that huving to return the Child on Sunduy
evenings is too limiting und he would simply like to spcnd more time with thc Child. The Father
denies the Mother's allcgutions that he does not tuke udvuntuge of the time tlmt he hus with the Child.
The Futher would ulso like to extend his periods of custody by udjusting the exchunge times.
REeEI';;n :; 1" looV'1
ALLISON N. RAM PER,
(fonnerly known us MULDER)
Pluinlirli'Pclitioner
: IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 97 . 90 CIVIL TERM
MICHAEL A. CLOUSER,
DcfcnduntlRcspondenl
: CIVIL ACTION - LA W
: IN CUSTODY
ORDER
AND NOW, TO WIT,this 22 "'duy of G"'1........
, 2005, it is hereby
ORDERED AND DECREED thutthe ulluched Stipulation for Enlry ofu Custody Order is made un
Order ufthis Court und suid Stipululion is udopted it its entirety und incorporated herein as an
Order of Court.
BY THE COURT:
J.
health eare appointments. Both parents shall have the right to attend these activities and events and
participatc in them to the extent parcnts are nomlally allowed or encouraged to do so. During
seheduled periods of custody, hoth parents shall be responsible for the child's attendance at
regularly scheduled activities and special events.
6. Mother agrees that she shall place Father in the second position on all emergency
contact lists whether through school or other activities,
7. Primary physical custody of the minor child shall vest and remain in Mothcr subject
to Father's partial physical custody schedule as follows:
(a) Every Wednesday from 5:00 p.m. until 8: 15 Thursday morning. Dilring the
sehool year Father shall be responsible for putting the child on the bus on
Thursday morning. During summer months or on sehool holidays Father
shall drop the child offat Mother's home on his way to work at 8:15 a.m.
(b) During the school year Father shall have Alternating weekends from
Friday after work through Monday moming at which time Father shull be
responsible for pUlling the child on the bus. On school holidays Mother
shall be responsible for picking up the child at 8:00 a,m. on Monday
mommgs.
(c) During the summer break Father shall have Alternating weekends from
Friday aftcr work through Sunday at 8:00 p.m.
(d) Only the custodial parcnt shall be pemlitted to pick-up the child at the
designated times U1lllthere shall be no substitutions by either party except
in the case of an emergency. In the event of an emcrgency the receiving
party shall first conlactthe other parent and obtain his/her consent to a
suhstitution.
(e) The parties shall have the right of first refusal to attend any activities
with the child during the other parties' period if custody that requires
father-daughter or mother-daughter participation, either through school or
other organizations,
(a) Christmas - The Christmas holiday shall be divided into Segment A,
which shall run from after school on the last day of school before
the holiday through Christmas Day at 12:00 noon, and Segment 8,
which shall run from Christmas Day at 12:00 noon through
December 28 at 12:00 noon. Father shall have custody of the child
during Segment A in odd numbered years and during Segment B in
even numbered years. Mother shall have custody of the child during
Segment A in even numbered years and during Segment B in odd
numbered years.
(b) New Years - The New Years holiday shall be dividcd into Segment
A, which shall begin on New Years Eve at 6:00 p.m. and end on
New Years Day at 12:00 noon.. and Segment B, which shall begin
on New Years Day at 12:00 noon and cnd on New Years Day at
8:00 p.m.. MOlher shall have custody of the child during Segmcnt A
8. The parties shall share or aile mate having custody of the child on holidays as
follows:
in ycars when New Y cars Eve fall in odd numbered years and
during Segment B when New Years Eve fall in even numbered
ycars. Father shall have custody of the child during Segment A
when New Y cars Evc falls in cvcn numbered years and during
Segment B when New Years Eve falls in odd numbered years.
(c) Thanksl!ivinl! - Mother shall have custody of the child on
Thanksgiving from 5:00 p.m. Wednesday through Friday at 5:00
p.m. in odd numbercd years. Father shall have custody of the child
on Thanksgiving from 5:00 p.m. Wcdnesday through Friday at 5:00
p.m. in even numbered years. In the event it is the custodial party's
regular allemating weekend, the child shall remain with that party
until the next school day as long as said party is not working.
(d) Easter - Mother shall have custody of the child on Easter Sunday
from 8:00 a,m. until 8:00 p.m. in even numbered years. Father shall have
custody of the child on Easter Sunday from 8:00 a.m. until 8:00 p,m. in odd
numbered years. In the cvent it is the custodial party's regular
altemating weekend, the child shall remain with that party until the ncxt
school day as long as said party is not working.
(e) Lahor Dav - Mother shall have eustody of the child on Labor Day
from 8:00 a,m. until 8:00 p,m. in odd numbered years. Father shall have
custody of the child on Labor Day from 8:00 a.m. until 8:00 p.m. in even
numbered years. In the event it is the custodial party's regular alternating
weekend, the child shall remain with that party until the next school day as
long as said party is not working.
(I) Fourth of Julv - Mother shall have custody of the child on July 4th in
even numbcred years heginning at 8:00 a.m. until thc following day at 10:00
a.m. Father shall have custody of the child on July 4'h in odd numbered
years beginning at 8:00 a.m. until the following day at 10:00 a.m.
(g) Child's Birthdav/Father's Birthdav/Father's Dav - In every year.
Father shall have custody of the child on the child's birthday, Father's
birthday and on Father's Day from 8:00 a,m. until 8:00 p.m.
(h) Memorial Davl Mother's Birthdavl Mother's Dav - In every year,
Mother shall havc custody of the child on Memorial Day, Mother's
birthday and Mother's Day from 8:00 a.m. until 8:00 p.m.
(i) The holiday schedule shall supersede and take prccedencc over both the
regular custody schedulc and the vacation custody schedule.
9. Each party shall have two (2) non-consecutive weeks (from 5:00 p.m. Friday until
5:00 p.m. the following Saturday) of uninterrupted custody with the child during each summer
vacation upon providing at least sixty ((,OJ days advance written noticc of to the other party. The
party who provides notice first shall have prcference in selecting his or her periods of custody
under this provision. Each party shall schedule periods of custody under this provision to begin on
his or her regular weekend period of custody. Neither party may schedule periods of custody
under this provision to interfere with the other party's period of holiday custody. The parties shall
be reasonable in cooperating with each other to make any necessary adjustments to the rcturn time
for a period of vacation custody to accommodate rcntal arrangements.
10. The child may attend summcr camps rclating to aetivities or organizations in which
she participates. Each party must give the other at least sixty (60) days advancc notice of the
child's participation. Said camps may not intcrfere with the holiday schedule. Both parties agree
to reserve the two (2) weeks immediately following the July 4'h holiday for the child's
participation in said camps.
II. In alternate years, each party shall he entitled to have an additional 7 day period
of va eat ion custody with the Child during the school year upon providing at least 60 days advance
notice to the other party and conditioned upon obtaining school approval. The 7 day period of
custody under this provision shall be schcduled to encompass that party's regular weekend period
of custody. The parties shall be reasonable in cooperating with cach other to makc any necessary
adjustments to the return time in order to accommodate rental arrangements. The Father shall be
entitled to cxcrcise the right to a period of custody under this provision during odd numbered grade
years (first grade, third grade, fifth gradc, etc.) and the Mother shall be entitled to cxercise the
right to a period of custody under this provision during cven numbered grade years (second grade,
fourth gradc, sixth grade, etc,). Neither party may schedule a period of custody under this
provision to interfere with the other party's period of holiday cllstody.
12. The custodial party shall promptly notify the other party of any medical
emergencies concerning the child which arise during his or her periods of custody.
13. Neither party shall do or say anything which may estrange the child Irom the other
parent, injure the opinion of the child as to the other parent, or hamper the free and natural
development of the child's love and respect for the other parent.
14. In the event that either parent is unavailable for an overnight period or longer
during each parties' periods of custody, the each p.lrty shalllirst contact the other to give him/her
the opportunity to have custody of the Child during the period he/she is unavailable before making
other arrangements for the Child's care.
15. If either party rcmoves the Child from his or her residence for 2 consecutive
nights or longer, that party shall provide advancc notice to the other party of the location. where
the Child can be reached in event of an emergency.
16. Each party acknowledges that they have been advised of the legal ramilications of
this Stipulation by their rcspective attomcys and voluntarily consent to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed, sealed and acknowledged this
Agreement on the day and year above-written.
.~~..
d.)., f{Q~
. ~ V.lAt'fYl '- (lA, J C/
Allison N, Ramper
Plaintiff
d#'~z-
~hchacl A. Clouser
Defendant
It '1Illllllirl'i:11I1)\Ralllpl'h\\I'k,ldil\p."l'll11h:lllpll\:litiI11l Sq11:!n \\I'd
s
, RECF'lVrn nfT 0 4 ;~ t
\n'pll'lIIh..:r :!h. ~OO~
ALLISON N. RAMPER.
(Iimncrly known as MULDER)
Plaintiff/Pctitioncr
: IN TilE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
v.
: NO. 97 -90 CIVIL TERM
MICIIAEL A. CLOIISER.
DclcndantlRcspondcnt
: CIVIL ACTION - LA \V
: IN CUSTODY
OIU>ER OF COlJRT
AND NOW. upon considcration ot"thc allachcd Pctitionlilr Modilicalion and Contempt. it
is herchy directed thatlhc partics and Ihcir respcclive counsel appcar belilrc
. Esquirc. Conciliator. atlhc
. Pcnnsylvania. on thc
day of
2005. at
,m.. lilr a Prc-Ilcaring. Custody Conlcrcncc. At such conlcrcncc. an cflilrt
will be madc \0 rcsolve thc issucs in disputc: or. it"this cannot bc accomplishcd. to dcline and narrow
Ihc issucs to bc hcard by thc Court. and to cn\cr into a tcmporary Ordcr, All childrcn ag.e live or
oldcr may also bc prcscnt atthc conlcrcnce. Failurc 10 appcar atthc conlcrencc may providc
g.rounds lor the cntry of a tcmporary or pcrmancnt Ordcr.
FOR TilE COURT
DATED:
BY:
Custody Concilialor
YOU SHOULD TAKE TillS I'AI'ER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
IIA VE A LAWYER OI{ CANNOT AFFOIU> ONE. GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL liEU'.
CumhcrlmuJ Cllunt}' Bar Assllciation
2 Lihcrty Avcnuc
Carlislc. 1':\ 17111 3
(717) 24')-31(,(,
l:\t'lienll}iredtll).\ltalllper.A\I'lcilJil1~s\('tltllL'Illrl Petit.tlll SLll\ 2t1.\\pJ
Seplcmher 26. 200~
pcriods of partial physical custody in Father. Specifically said Ordcr cxtcndcd Fathcr's periods of
custody during his wcckends to include Sunday ovcrnight. A truc and corrcct copy of said Ordcr is
attached hereto, and madc a part hcreof and marked as Exhibit "A."
5, Sincc thc inccption of said Order ofCourl Fathcr has tailed to ahidc by thc tCrlns
thereof.
6. Dcspilc the languagc of paragraph 5 of the August 22, 2005 Ordcr of Court which
statcs. "both parents shall bc rcsponsihle fllr the child's attendancc at rcgularly schcdulcd activitics
and special events," Father has made it cxtremely difficult or rcfuscd to allow thc child 10 lIttcnd hcr
gymnastic practices,
7. Thc child has participated in gymnastics sincc an carly age and compclcs on a high
levcl that requires practicc five (5) days per wcek.
8. Father is well awarc of the child's lovc IIJr gymnastics and hcr schcdulc. Mothcr hilS
inflJrmed Father wcll in advancc of thc schcdulc of practiccs yct whcn they occur during his pcriods
of custody Father refuscs to tmnsport the child,
9. Fathcr had originally refuscd to allow Ihc child 10 lIlIcnd hutlhcn conccdcd if Mothcr
did thc transportation. Mothcr is able to tmnsporl on Wcdncsdays. as shc worb whcrc thc child
lIttcnds class. but is unable to do so on FridllYs or Saturdays duc 10 hcr having 10 rcmain later III
work.
10, On Friday. Scptcmbcr 16. 2005. Fathcr hccamc upsct whcn hc learncd that MOlher
would not be transporting the ehild to his home from pmctiec lilr his wcekcnd period of custody.
I I{ "lknllJin:L:lor) \RampCh\ \I'kaJingslCulllcmpll'C:litillll S~'pl 20\\pd
ScplclIlhc:r 2(1, 2005
Father yelled at Mother on the telephone and accused Mother of ruining his weekend plans with his
daughter. Father then arrived at the practice and removed the child without speaking to Mother.
II. Mother later learned from Father that he had gonc away for the 'light without the
child on Friday, September 16, 2005 lor the birthday party of a friend and did not arrive home until
mid-day Saturday.
12. Paragraph 14 of the August 22, 2005 Court Order. states that "[iJn the event that
either parent is unavailable lor an overnight period or longer during each parties' periods of custody,
each party shall first contact the other to give him/her the opportunity to havc custody of the Child
during the period hc/she is unavailable before making other arrangemcnts lor the child's care."
13. Contrary to the terms of the Ordcr. Father failed to inform Mother. on Friday
September 16. 2005. that he would be unavailablc for his period of overnight visitation and. despite
the language of Paragraph 14. Father failed to offcr Mother custody of thc child f()r said period.
14, The child rcmaincd with her step-mother and did not allend hcr gymnastics practice
on Saturday morning.
15. Mother has previously informcd Father. through hcr counsel and directly. that she
was not in agreement with allowing Father to ignore thc Order and skip the child's regularly
scheduled activities, To date. counsell()r Mother has receivcd no rcsponsc to a lcller sent on
August 25. 2005. just three (3) days ancr the entry ofthc Ordcr. which rcqucsted that Father bc
I \l'lll'lIIll1ll'lI01~ILllllPCI':\ I'k,ldllli!,l '1lllkl1ll1llldllhlll "qll ~U \\pd
'~'l'h:l1lhl'f ~II. ;00\
rcmindcd of his rcsponsihility tomakc surc Ihmthc child attcndcd hcr aClivitics. A truc and corrcct
copy of said Icttcr of August ~5. ~005 is attachcd hcrclo. madc a pari hcrcof and markcd Exhihit
"B,"
16. Thc wcckend of Scptcmhcr 16. ~005 was Fathcr's Iirst wilh thc cXlcndcd Sunday
custody schedulc whcrcin Fathcr is 10 hc rcsponsihlc 1l1r gctting thc child to school on Monday and
making sure that shc is prcparcd 1l1r school.
17. Fathcr placcd lhc child on thc hus lilr school on t\londay morning hut the child was
unprcpared for school in that hcr homcwork lilr thc wcckcnd was not completed,
18. Mother hclicvcs and therelilr avcrs that Father, duc 10 his social schcdule. was
unavailable to help thc child properly preparc lilr thc school wcck,
19. Father. by his conduct, has wilfully fililcd to ahide hy the lenns of this Court's
Order. and as such. aetcd in conlemptthereof.
~O. MOlhcr rcspectliilly requests thatlhis Ilonorahlc Courtlind Father in eonlcmptof
the Order of Court daled August ~~. ~005 and ordcr Ihat Father pay MOlher's all orne)' fees lilr the
prcparation and prcsentation of Ihis Pctition,
~ I, Mother furthcr rcquests lhatthc Court e1iminatc Falher's Sunday ovcrnight period of
custody ifhc continucs to fail to have her prcparcd 1l1r school. allll. in mldition, order Fathcr to allow
MOlhcr onc (1) ovcrnight visitation to make-up lilr thc limc Ihal shc lost due 10 his conlcmpt.
~, t.;) i
" ,oJ C
> ,,0)
lJl: ~ ~
~~ ) ,-
"', l~ ::r-
'~J ~ . (,., ~ ,...,.,
[~," I <) Cl--
u,/,,-
".-!UI ,,- q -.....1l
Ll-,. ',' ()
F: .:.:,., -...
to, ". ~.
(..1
U ~" ~. I t ~
,-,
w.. ()
It~
:Jc9
S'
I"J)
;....
LEGAL SERVICES, INC.
B IRVINE ROW
CARUSlE. PENNSYlVANIA 17013
(717) 243-8400
Fax (717) 2~28
WllIl Sho", (717) 7_75
Shlppolllburg (717) 63I).68ll8
"
JMI 0 7 1GG.,-tf '
;.'
., ) i ~
ALLISON N. RAMPER
Plaintiff
NOV ~ 1 2005 i
/Y) 'f I
' . , I'"
IN TIlE COURT OF COMt\.10}LPLEAS m;--.u-
CUMBERLAND COUNTY.I'ENNSYLV ANIA
vs.
97-l)O CIVIL ACTION LAW
MICHAEL A. CLOUSER
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this z 9 . day of No'-'-<--- . 2005, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
I. The prior Order of this Court dated August 22, 2005 shall continue in effect as modified by
this Order.
2. Paragraph 7(a) of the stipulation incorporated into the Order of this Court dated August 22,
2005 is vacated and replaced with the following: During wccks following the Mother's weekcnd
periods of custody. the Father shall have custody of the Child on Monday from 5:00 p,m, until
8: 15 a.m. on Tuesday. During the school year. the Father shall be rcsponsible for putting the Child on
the bus on Tuesday morning. During summer months or on school holidays, the Father shall drop the
Child off at the Mother's home on his way to work at 8: 15 a.m. During weeks following the Father's
weekend periods of custody, the Fathcr shall have custody of the Child on Wednesday from 5:00 p.m.
until 8: 15 on Thursday morning. During the school year, the Father shall be responsihle for putting the
Child on the bus on Thursday morning. During summer months or on school holidays, the Father shall
drop the Child offat the Mother's home on his way to work at8:15 a.m.
3. The Mother shall transport the Child from gymnastics practice to the Father's residencc for
the Father's alternating Wednesday periods of custody. unless the Father is prcscnt at practicc or
notifies the Mother in advance that he will provide thc transportation.
4. During the Father's alternating weekend periods of custody, thc Mothcr shall pick up the
Child at the Father's residence on Saturday morning at 7:45 for gymnastics pructice. unless the Father
notifies the Mother by the Friday beforc that he will be transporting the Child. When the Father is
transporting thc Child to gymnastics practicc on Saturday morning, the Father shall ensurc that the
Child is at practice by 8:30 a.m.
5. Both parties shall cnsure that the Child attcnds all scheduled gymnastics competitions unlcss
otherwise agreed between the parties. Thc parties shall cnsurc that the Child .Iltcnds all gymnastics
prncticcs except to the extent that a parcnt dctcnnines Ilmt it will scrvc thc Child's bcst intcrcsts to miss
.1 practice due to an altcrnative activity or cvenl for which it is reasonablc to rcmovc thc Child from
prncticc on occasion. The partics shall providc noticc to each other in advance of any intcnlion 10
ALLISON N, RAMPER,
(formerly known as MULDER)
Plaintiffi'Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 97 - 90 CIVIL TERM
MICHAEL A, CLOUSER,
Defendant/Respondent
: CIVIL ACTION - LAW
: IN CUSTODY
STIPULATION FOR ENTRY OF A CUSTODY ORDER
AND NOW, comes Plaintiff, Allison N, Ramper, by and through her attorney, Kristopher
T, Smull, Esquire, and the Defendant, Michael A. Clouser, by and through his attorney, John J,
Connelly, Jr., Esquire, and hereby enter the following Stipulation concerning custody oftheir
minor child, Samantha L. Clouser, as follows:
1, Petitioner is Allison N, Ramper (hereinafter "Mother"), Plaintiff in the above-
captioned action,
2, Respondent is Michael A. Clouser (hereinafter "Father"), Defendant in the above-
captioned action,
3, The parties hereto are the natural parents of one minor child, Samantha L. Clouser,
born May 30, 1994,
4, The parties shall have shared legal custody of the minor child, Each parent shall
have an equal right, to be exercised jointly with the other parlent, to make all non-emergency
decisions affecting the child's general well-being including, but not limited to, all decisions
regarding her health, education and religion,
5, Each parent shall keep the other advised on an ongoing basis of the schedule of all
curricular and extra curricular activities and events in which the minor child is engaged including
health care appointments, Both parents shall have the right to attend these activities and events and
participate in them to the extent parents are normally allowed or encouraged to do so, During
scheduled periods of custody, both parents shall be responsibh: for the child's attendance at
regularly scheduled activities and special events,
6, Mother agrees that she shall place Father in the .second position on all emergency
contact lists whether through school or other activities,
7, Primary physical custody of the minor child shall vest and remain in Mother subject
to Father's partial physical custody schedule as follows:
(a) Every Wednesday from 5:00 p,m, until 8:15 Thursday morning, During the
school year Father shall be responsible for putting the child on the bus on
Thursday morning, During summer months or on school holidays Father
shall drop the child off at Mother's home on his way to work at 8:15 a,m,
(b) During the school year Father shall have Alternating weekends from
Friday after work through Monday morning at which time Father shall be
responsible for putting the child on the bus, On school holidays Mother
shall be responsible for picking up the child at 8:00 a,m, on Monday
mornings,
(c) During the summer break Father shall have Alternating weekends from
Friday after work through Sunday at 8:00 p,m,
(d) Only the custodial parent shall be permitted to pick-up the child at the
designated times and there shall be no substitutions by either party except
in the case of an emergency, In the event of an emergency the receiving
party shall first contact the other parent and obtain his/her consent to a
substitution,
(e) The parties shall have the right of first refusal to attend any activities
with the child during the other parties' period if custody that requires
father-daughter or mother-daughter participation, either through school or
other organizations,
8, The parties shall share or alternate having custody of the child on holidays as
follows:
(a) Christmas - The Christmas holiday shall be divided into Segment A,
which shall run from after school on the last day of school before
the holiday through Christmas Day at 12:00 noon, and Segment B,
which shall run from Christmas Day at 12:00 noon through
December 28 at 12:00 noon, Father shall have custody ofthe child
during Segment A in odd numbered years and during Segment B in
even numbered years, Mother shall have custody ofthe child during
Segment A in even numbered years and during Segment B in odd
numbered years,
(b) New Years - The New Years holiday shall be divided into Segment
A, which shall begin on New Years Eve at 6:00 p,m, and end on
New Years Day at 12:00 noon" and Segment B, which shall begin
on New Years Day at 12:00 noon and end on New Years Day at
8:00 p,m.. Mother shall have custody of the (:hild during Segment A
in years when New Years Eve fall in odd numbered years and
during Segment B when New Years Eve fall in even numbered
years, Father shall have custody of the child during Segment A
when New Years Eve falls in even numbered years and during
Segment B when New Years Eve falls in odd numbered years,
(c) Thanksgiving - Mother shall have custody of the child on
Thanksgiving from 5 :00 p,m, Wednesday through Friday at 5 :00
p,m, in odd numbered years, Father shall have custody of the child
on Thanksgiving from 5 :00 p,m, Wednesday through Friday at 5 :00
p,m, in even numbered years, In the evenl it is the custodial party's
regular alternating weekend, the child shall remain with that party
until the next school day as long as said party is not working,
(d) Easter - Mother shall have custody of the child on Easter Sunday
from 8:00 a,m, until 8:00 p,m, in even numbered years, Father shall have
custody of the child on Easter Sunday from 8:00 a,m, until 8:00 p,m, in odd
numbered years, In the event it is the custodial party's regular
alternating weekend, the child shall remain with that party until the next
school day as long as said party is not working,
(e) Labor Day - Mother shall have custody of the child on Labor Day
from 8:00 a,m, until 8:00 p,m, in odd numbered years, Father shall have
custody of the child on Labor Day from 8:00 ;l,m, until 8:00 p,m, in even
numbered years, In the event it is the custodial party's regular alternating
weekend, the child shall remain with that party until the next school day as
long as said party is not working,
(f) Fourth of Julv - Mother shall have custody ofthe child on July 4th in
even numbered years beginning at 8:00 a,m, until the following day at 10:00
a,m, Father shall have custody ofthe child on July 4th in odd numbered
years beginning at 8:00 a,m, until the following day at 10:00 a,m,
(g) Child's BirthdavIFather's BirthdavIFather's Dav - In every year,
Father shall have custody of the child on the child's birthday, Father's
birthday and on Father's Day from 8:00 a,m, unti18:00 p,m,
(h) Memorial Day/ Mother's Birthdav/ Mother's Day - In every year,
Mother shall have custody ofthe child on Memorial Day, Mother's
birthday and Mother's Day from 8:00 a,m, until 8:00 p,m,
(i) The holiday schedule shall supersede and take precedence over both the
regular custody schedule and the vacation custody schedule,
9, Each party shall have two (2) non-consecutive weeks (from 5:00 p,m, Friday until
5 :00 p,m, the following Saturday) of uninterrupted custody with the child during each summer
vacation upon providing at least sixty (60) days advance written notice of to the other party, The
party who provides notice first shall have preference in selecting his or her periods of custody
under this provision, Each party shall schedule periods of custody Imder this provision to begin on
his or her regular weekend period of custody, Neither party may schedule periods of custody
under this provision to interfere with the other party's period of holiday custody, The parties shall
be reasonable in cooperating with each other to make any necessary adjustments to the retum time
for a period of vacation custody to accommodate rental arrang<ements,
10, The child may attend summer camps relating to activities or organizations in which
she participates, Each party must give the other at least sixty (60) days advance notice of the
child's participation, Said camps may not interfere with the holiday schedule, Both parties agree
to reserve the two (2) weeks immediately following the July 4th holiday for the child's
participation in said camps,
11, In alternate years, each party shall be entitled to have an additional 7 day period
of vacation custody with the Child during the school year upon providing at least 60 days advance
notice to the other party and conditioned upon obtaining school approval. The 7 day period of
custody under this provision shall be scheduled to encompass that party's regular weekend period
of custody, The parties shall be reasonable in cooperating with each other to make any necessary
adjustments to the return time in order to accommodate rental arrlmgements, The Father shall be
entitled to exercise the right to a period of custody under this provision during odd numbered grade
years (first grade, third grade, fifth grade, etc,) and the Mother shall be entitled to exercise the
right to a period of custody under this provision during even numbered grade years (second grade,
fourth grade, sixth grade, etc,), Neither party may schedule a period of custody under this
provision to interfere with the other party's period of holiday custody,
12, The custodial party shall promptly notify the other party of any medical
emergencies concerning the child which arise during his or her periods of custody,
13, Neither party shall do or say anything which may estrange the child from the other
parent, injure the opinion of the child as to the other parent, or hamper the free and natural
development of the child's love and respect for the other parent.
14, In the event that either parent is unavailable for an overnight period or longer
during each parties' periods of custody, the each party shall first contact the other to give himlher
the opportunity to have custody of the Child during the period he/she is unavailable before making
other arrangements for the Child's care,
15, If either party removes the Child from his or her residence for 2 consecutive
nights or longer, that party shall provide advance notice to the other party of the location, where
the Child can be reached in event of an emergency,
16, Each party acknowledges that they have been advised of the legal ramifications of
this Stipulation by their respective attorneys and voluntarily consmt to this Agreement.
IN WITNESS WHEREOF, the parties hereto have execute~d, sealed and acknowledged this
Agreement on the day and year above-written,
fJ](M~o<V\'~
A Ison N, Ramper
Plaintiff
#~~
MIchael A, Clouser
Defendant
?
,.:;-
r-;?)
{'.:'-:;.
~~.J"
-'i'I"
~~l
-p::
r.,~
c>
--
oJ
q,
.~-o
-'l":.
(\ ,r>.:'
;r)Q
l,~?i(';4,\
" ......'
"),~)
(!'~~
~,)
",.:.-\
:,i1
-n
:;;;--
"')
..
r--'
S;'
-.
'-'\
RECEIVED AUG 1 9 Z005~ .
ALLISON N, RAMPER,
(formerly known as MULDER)
Plaintiffi'Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 97 - 90 CIVIL TERM
MICHAEL A. CLOUSER,
DefendantlRespondent
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER
AND NOW, TO WIT, this Z2wfdayof n.. r-......
, 2005, it is hereby
ORDERED AND DECREED that the attached Stipulation for Entry of a Custody Order is made an
Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an
Order of Court,
BY THE COURT:
J,
FILED-DFFICE
OF THE Pf10THONOTARY
2005 AUG 22 PI1 4: 02
cu',:;"'.' ".,'{','.....'
l't, ~,.~_' '..<' '-, \..' I ~ j I
PEN\;)'1tVA1\jil~
1:\Client Directory\Ramper~A\Pleadings\Contempt Petition Sept 20.wpd
September 26, 2005
MARIA P. COGNETTI & ASSOCIATES
KRISTOPHER T. SMULL, ESQUIRE
Attorney I.D, No, 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No, (717) 909,4060
Attorneys for PlaintifflPetitioner
ALLISON N, RAMPER,
(formerly known as MULDER)
PlaintifffPetitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 97 - 90 CIVIL TERM
MICHAEL A. CLOUSER,
Defendant/Respondent
: CIVIL ACTION ' LAW
: IN CUSTODY
PETITION FOR MODIFICATION AND CONTEMPT OF A CUSTODY ORDER
AND NOW, comes Plaintiff, Allison N, Ramper, by and through her attorney, Kristopher
T, Smull, Esquire, and files the following Petition for Modification and Contempt of a Custody
Order, and in support thereof, respectfully represents as follows:
1, Petitioner is Allison N, Ramper (hereinafter "Mother"), Plaintiff in the above-
captioned action,
2, Respondent is Michael A, Clouser (hereinafter "Father"), Defendant in the above-
captioned action,
3, The parties hereto are the natural parents of one minor child, Samantha L. Clouser,
born May 30, 1994,
4, On August 22, 2005, a Custody Stipulation was entered and made an Order of
Court in the above-captioned action, Said Order vests primary physical custody in Mother, with
1:\Client Directory\Ramper-A \Pleadings\Contempt Petition Sept 20,wpd
September 26, 2005
periods of partial physical custody in Father, Specifically said Order extended Father's periods of
custody during his weekends to include Sunday overnight, A tme and correct copy of said Order is
attached hereto, and made a part hereof and marked as Exhibit" A,"
5, Since the inception of said Order of Court Father has failed to abide by the terms
thereof.
6, Despite the language of paragraph 5 of the August 22, 2005 Order of Court which
states, "both parents shall be responsible for the child's attendance at regularly scheduled activities
and special events," Father has made it extremely difficult or refused to allow the child to attend her
gymnastic practices,
7, The child has participated in gymnastics since an t:arly age and competes on a high
level that requires practice five (5) days per week.
8, Father is well aware of the child's love for gymnastics and her schedule, Mother has
informed Father well in advance of the schedule of practices yet when they occur during his periods
of custody Father refuses to transport the child,
9, Father had originally refused to allow the child to attend but then conceded if Mother
did the transportation, Mother is able to transport on Wednesdays, as she works where the child
attends class, but is unable to do so on Fridays or Saturdays due to her having to remain later at
work,
10, On Friday, September 16, 2005, Father became ups,et when he learned that Mother
would not be transporting the child to his home from practice for his weekend period of custody,
. ,
,
,
I:\Client Directol)'\Ramper-A \Pleadings\Contempt Petition Sept 20.wpd
September 26,2005
Father yelled at Mother on the telephone and accused Mother of ruining his weekend plans with his
daughter, Father then arrived at the practice and removed the child without speaking to Mother.
11, Mother later learned from Father that he had gone away for the night without the
child on Friday, September 16, 2005 for the birthday party of a friend and did not arrive home until
mid-day Saturday,
12, Paragraph 14 of the August 22, 2005 Court Order, states that "[i]n the event that
either parent is unavailable for an overnight period or longer during each parties' periods of custody,
each party shall first contact the other to give himlher the opportlmity to have custody of the Child
during the period he/she is unavailable before making other arrangements for the child's care,"
13, Contrary to the terms of the Order, Father failed to inform Mother, on Friday
September 16, 2005, that he would be unavailable for his period of overnight visitation and, despite
the language of Paragraph 14, Father failed to offer Mother custody of the child for said period,
14, The child remained with her step-mother and did not attend her gymnastics practice
on Saturday morning,
15, Mother has previously informed Father, through her counsel and directly, that she
was not in agreement with allowing Father to ignore the Order and skip the child's regularly
scheduled activities, To date, counsel for Mother has received no response to a letter sent on
August 25,2005, just three (3) days after the entry of the Order, which requested that Father be
1:\Client Directory\Ramper~A \Pleadings\Contempt Petition Sept 20.wpd
September 26, 2005
reminded of his responsibility to make sure that the child attended her activities, A true and correct
copy of said letter of August 25, 2005 is attached hereto, made a part hereof and marked Exhibit
HB."
16, The weekend of September 16,2005 was Father's first with the extended Sunday
custody schedule wherein Father is to be responsible for getting the child to school on Monday and
making sure that she is prepared for school.
17, Father placed the child on the bus for school on Monday morning but the child was
unprepared for school in that her homework for the weekend was not completed,
18, Mother believes and therefor avers that Father, due to his social schedule, was
unavailable to help the child properly prepare for the school week,
19, Father, by his conduct, has wilfully failed to abide by the terms of this Court's
Order, and as such, acted in contempt thereof,
20, Mother respectfully requests that this Honorable Court find Father in contempt of
the Order of Court dated August 22, 2005 and order that Father pay Mother's attorney fees for the
preparation and presentation of this Petition,
21. Mother further requests that the Court eliminate Father's Sunday overnight period of
custody if he continues to fail to have her prepared for school, and, in addition, order Father to allow
Mother one (1) overnight visitation to make-up for the time that she lost due to his contempt.
1:\Client Directory\Ramper-A \Pleadings\Contempt Petition Sept 20.wpd
September 26,2005
22, The best interest and permanent welfare of the child will be served by granting
Mother's requested relief,
WHEREFORE, Mother respectfully requests that this Honorable Court grant her requested
relief.
Respectfully Submitted:
MARIA P. COGN.ETTI & ASSOCIATES
Date:
~p7(Oj~
By:
~r--rsJ
KRISTO HER T. SMULL, ESQUIRE
Attorney I.D. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No, (717) 909-4060
Attorney for Plaintifif/Petitioner
I:\Client Directory\Ramper-A\Pleadings\Contempt Petition Sept 20.wpd
September 26, 2005
CERTIFICATE OF SERVICE
I, Kristopher T. Smull, Esquire, Attorney for Plaintiff herein, do hereby certifY that on this
date I served the foregoing Petition for Modification and Contempt of a Custody Order by
depositing a true and exact copy thereof in the United States mail, first class, postage prepaid,
addressed as follows:
John J, Connelly, Jr., Esquire
JAMES, SMITH, DIETTERICK & CONNELLY
134 Sipe Avenue
Hummelstown, P A 17036
MARIA P. COGNETTI & ASSOCIATES
Date: 1'?lor
By:
dj(~'QkT~
KRlSTOPHER '. SMULL, ESQUIRE
Attorney LD. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No, (717) 909-4060
Attorney for Plaintiff
1- f) --l:,9.
~ 8 p N 0
~
C? -n
(:11 .....
0 :;::...,.
Lv C> ('"1 [lIP::
- ---1
\i"- ~ C> -o(T}
I ,CJ C;-'
...c ~ w (:?\(~,'
W '--r:: .-r''\"
-r:l ,__"n
.t:: ::r: '::~C)
"~If)
"'vt .J'c 'i? \~
} :2 f') :Q
c"'
ALLISON N. RAMPER
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
97-90
CIVIL ACTION LA W
MICHAEL A. CLOUSER
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Friday, October 07, 2005
, upon consideration ofthe attached Complaint.
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq.
, the conciliator,
at
39 West Main Street, Mechanicsburg, PA 17055
on
Thursday, November 10, 2005
at 11:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a tcmporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/
Dawn S. Sunday. Esq.
Custody Conciliator
{lJ
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of] 990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our oftice. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 170] 3
Telephone (717) 249-3166
~ ~ fJ- ~w Ji~J
~~t~~J
7rh ~:J- r ~-pi(}
50' 01 01
50. 01- of
.it? . 0/ (JI
,,\ \.:-\\J s~~(.
(."1 : \ \ \\~ v -
r:.rNlC\'U, \:ji~~~~l. -:,0
f ~ jS~2,,:~\:::r,.:"''\:
-
ALLISON N. RAMPER
Plaintiff
, ....:
. j 1
. I
. NO V 2 1 2005 I
l'''N~' M fl!1 I
IN THE COURT OF COMM.~S--.@F=
CUMBERLAND COUNTY, PENNSYLVANIA
~
,-
I
vs.
97-90 CIVIL ACTION LAW
MICHAEL A. CLOUSER
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this z Ii - day of No ~ , 2005, upon
consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated August 22,2005 shall continue in effect as modified by
this Order.
2. Paragraph 7(a) ofthe stipulation incorporated into the Order ofthis Court dated August 22,
2005 is vacated and replaced with the following: During weeks following the Mother's weekend
periods of custody, the Father shall have custody of the Child on Monday from 5:00 p.m. until
8: 15 a,m. on Tuesday. During the school year, the Father shall be responsible for putting the Child on
the bus on Tuesday morning. During summer months or on school holidays, the Father shall drop the
Child off at the Mother's home on his way to work at 8: 15 a.m. During weeks following the Father's
weekend periods of custody, the Father shall have custody of the Child on Wednesday from 5:00 p.m.
until 8: 15 on Thursday morning. During the school year, the Father shall be responsible for putting the
Child on the bus on Thursday morning. During summer months or on school holidays, the Father shall
drop the Child off at the Mother's home on his way to work at 8: 15 a.m.
3. The Mother shall transport the Child from gymnastics practice to the Father's residence for
the Father's alternating Wednesday periods of custody, unless the Father is present at practice or
notifies the Mother in advance that he will provide the transportation.
4. During the Father's alternating weekend periods of custody, the Mother shall pick up the
Child at the Father's residence on Saturday morning at 7:45 for gymnastics practice, unless the Father
notifies the Mother by the Friday before that he will be transporting the Child. When the Father is
transporting the Child to gymnastics practice on Saturday morning, the Father shall ensure that the
Child is at practice by 8:30 a.m.
5. Both parties shall ensure that the Child attends all scheduled gymnastics competitions unless
otherwise agreed between the parties. The parties shall ensure that the Child attends all gymnastics
practices except to the extent that a parent determines that it will serve the Child's best interests to miss
a practice due to an alternative activity or event for which it is reasonable to remove the Child from
practice on occasion. The parties shall provide notice to each other in advance of any intention to
II
/\.1
1(' ,nl
'-' '.;"
o ') t. 'I'~! c"D7
Vv ',-h...J~ ...
;
cancel a gymnastics practice for the Child. The parties shall cooperate with each other in making good
faith judgments as to the Child's interests under this provision, recognizing the Child's commitment to
an intensive level of performance in the sport and the high level of participation required.
6. Prior to filing further petitions in this matter, the parties agree to first submit any conflicts or
disagreements which arise in connection with the custody issues to arbitration/mediation with Deborah
Salem or other professional selected by agreement between the parties. In order to provide background
and arrange for the services of the professional under this provision on an ongoing, as-needed basis,
the parties shall contact the professional within 30 days of the date of this Order to schedule an initial
joint session, The purpose of this provision is to provide the parties with a conflict resolution forum to
assist the parties in resolving disagreements on an as-needed basis while gaining skills for future
independent resolution. The parties shall equally share all wrreimbursed expenses of
arbitration/mediation.
7. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
.~Ji
J.
cc:/Kristopher T. Smull, Esquire - Counsel for Mother
[/Ohn J. Connelly, Jr., Esquire - Counsel for Father
'J';;
~.
r
~,o?
,1:
\\
.-
.
ALLISON N. RAMPER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
97-90 CNIL ACTION LAW
MICHAEL A. CLOUSER
Defendant
IN CUSTODY
Prior Judge: Kevin A. Hess
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Samantha L. Clouser
May 30, 1994
Mother
2. A custody conciliation conference was held on November 10, 2005, with the following
individuals in attendance: The Mother, Allison N. Ramper, with her counsel, Kristopher T. Smull,
Esquire, and the Father's counsel, John J. Connelly, Jr. Esquire. The Father was not present at the
conference.
3. In the Father's absence, the conference proceeded with the Father's interests and concerns
being presented by his counsel. A telephone conference was subsequently held on November 11, 2005
between counsel for both parties and the conciliator to finalize tentative agreements reached at the
conference after the Father and his counsel had an opportunity to discuss the issues. It was agreed that
the Mother's Petition for Contempt and Modification was resolved by the parties' agreement as
reflected in the proposed Order, with this notation in the Report recognizing the failure by the Father to
offer the right of first refusal to the Mother as required by the existing Order.
-
f)<JlW~ /:i I debS
Date
Daw[~
Custody Conciliator