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HomeMy WebLinkAbout02-6183Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 FRANKIE C. CLAYTON, Plaintiff, VS. DEBORAH L. CLAYTON, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :No. : : IN CUSTODY COMPLAINT FOR CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is Frankie C. Clayton residing at P.O. Box 636, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant is Deborah L. Clayton residing at 606 4th Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff seeks shared legal custody and liberal periods of visitation of the following children: NAME PRESENT RESIDENCE DOB Kayla J. Clayton 606 4th Street 6/16/91 New Cumberland, PA 17070 606 4th Street New Cumberland, PA 17070 Kayla J. Clayton was bom of this marriage. Elias J. Clayton was adopted by the parties in 2002. Elias J. Clayton 3/15/00 The children are presently in the custody of Deborah L. Clayton who resides at 606 4th Street, New Cumberland, Pennsylvania, 17070. The children have resided with the following persons and at the following addresses for the last eight years: Persons Addresses Dates Foster care Deborah and Frankie Clayton Deborah Clayton Elias Clayton 606 4th Street New Cumberland, PA 17070 606 4th Street New Cumberland, PA 17070 3/00 - 10/00 10/00- 10/02 10/02 - date Deborah and Frankie Clayton Kayla Clayton Alaska 6/91 - 1995 Deborah and Frankie Clayton Deborah and Frankie Clayton Springford Harrisburg, PA Governor's Apartments Susquehanna 1995-1997 1997-1999 Deborah and Frankie Clayton Deborah Clayton 606 4th Street New Cumberland, PA 17070 606 4th Street New Cumberland, PA 17070 1999-10/02 10/02-dme The mother of the children is Deborah L. Clayton, currently residing at 606 4th Street, New Cumberland, PA 17070 She is married to the father. The father of the children is Frankie C. Clayton, currently residing at P.O. Box 636, New Cumberland, PA 17070. He is married to the mother. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with his girlfriend Sonya Smith and her three children, Brandon Smith, Jason Smith, and Ashley Shrawder, ages 21, 19 and 16. 5. The relationship of the defendant to the children is that of mother. The defendant currently resides with the children. 6. Neither party has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The best interest and permanent welfare of the children will be served by granting the relief requested because: mo their lives. B. C. Plaintiff has participated in the primary care of the children throughout Plaintiff can provide a stable environment. Plaintiff can provide a loving home. 9. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant him shared legal custody and liberal periods of visitation of the children. Respectfully submitted, Attomey for Plaintiff Supreme Court ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 FRANKIE C. CLAYTON, Plaintiff, VS. DEBORAH L. CLAYTON, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .- ._ : No. _. _. : IN CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated: Frankie C aintiff FRANKIE C. CLAYTON PLAINTIFF DEBORAH L. CLAYTON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-6183 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, January 10, 2003 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear befbre Dawn S. Sunday, E_~~, the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055__ on Wednesday, January 22, 2003 _ at _8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. 'Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is~ Dawn S. Sun&ly, Esq. Custody Conciliator Tl~e Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTOP, iNEY AT ONCE. IF YOU DO NOT HAVE AN' ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249.-3166 FRANKIE C. CLAYTON, Plaintiff, VS. DEBORAH L. CLAYTON, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-6183 CIVIL ACTION LAW _. : IN CUSTODY AFFIDAVIT OF SERVICE I, Michael S. Travis, attorney for Plaintiff, in the above captioned action for divorce, hereby state that a conformed and certified copy of the Complaint in Child Custody was served upon the Defendant by Certified Mail No. 7001 1940 0005 8709 7183, return receipt requested, by depositing the same in the United States mail on January 13, 2003, pursuant to Cumberland County Rule 1915.3-5 and Rule 1930.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to Domestic Relations Matters. As indicated by the green return receipt card attached hereto, the Complaint was received by the Defendant on January 15, 2003. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §490~4 relating to unswom falsification to authorities. ~~ .-,;avis 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 FRANKIE C. CLAYTON, Plaintiff VS. DEBORAH L. CLAYTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-6183 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 2~q* day of ~,~,,,,y , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Frankie C. Clayton, and the Mother, Deborah L. Clayton shall have shared legal custody ofKayla J. Clayton, born June 16, 1991, and Elias J. Clayton, bom March 15, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the ,Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 pm through Sunday at 7:00 pm, beginning Friday, January 31, 2003. During the Father's first weekend period of custody, the Father shall bring the Children to the Mother's residence for church on Sunday morning. In addition, the Father shall have a period of weekday evening custody during the interim between his weekends, upon providing at least three days advance notice to the Mother. The specific times for the weekday evening periods of custody shall be arranged by agreement. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall mn fi.om Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, and Segment B which shall mn fi.om Christmas Day at 12:00 noon, through December 26th at 12:00 noon. In every year, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment ][3. B. ALTERNATING HOLIDAYS: In odd numbered years, the Mother shall have custody of the Children on Easter, July 4th and Thanksgiving and the Father shall have custody on Memorial Day and Labor Day. In even numbered years, the Father shall have custody of the Children on Easter, July 4th and Thanksgiving, and the Mother shall have custody on Memorial Day and Labor Day. The holiday periods of custody under this provision shall mn from the evening before the holiday at 6:00 pm through the day of the holiday at 7:00 pm. C. MOTHER'S DAY / FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day and the Father shall have custody of the Children on Father's Day. The holiday period of custody under this provision shall mn from 6:00 pm on Saturday through 7:00 pm on Sunday. D. PARENTS' BIRTHDAYS: Each parent shall be entitled to have an extended period of custody on his or her birthday each year 'with the specific times to be arranged by agreement. E. The holiday custody schedule shall supercede aa~d take precedence over the regular and vacation custody schedules. 5. Each party shall be entitled to have custody of the Children for two non-consecutive weeks during the summer school break each year upon providing at least thirty days advance notice to the other party. Each party shall schedule his or her periods of vacation custody to include that party's regular weekend period of custody and shall not schedule vacation custody to interfere with the other party's holiday custody period. The party providing notice of his or her selection of vacation dates first shall be entitled to preference on his or her selection. 6. In the event either party intends to remove the Children from his or her residence for an overnight period or longer, that party shall provide advance notice; to the other party of the address and telephone number where the Children can be contacted. 7. Each party shall ensure that the other party has his or her current address and telephone number on an ongoing basis. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order 'by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc'~ichael S. Travis, Esquire, Counsel for Father ,4~ustin F. Grogan, Esquire, Counsel for Mother 0/- BY THE COURT, Jo FRANKIE C. CLAYTON, Plaintiff VS. DEBORAH L. CLAYTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-6183 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: _NAME Kayla J. Clayton Elias J. Clayton DATE OF BIRTIt June 16, 1991 March 15, 2000 CURRENTLY IN CUSTODY OF ]Mother lVlother 2. A Conciliation Conference was held on January 22, 2003, with the following individuals in attendance: The Father, Frankie C. Clayton, with his counsel, Michael S. Travis, Esquire, and the Mother, Deborah L. Clayton, with her counsel, Austin F. Grogan, Es:quire. 3. The parties agreed to entry of an Order in the form as attached. ~ate JE; S. Sunday, Esquire Custody Conciliator