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Home My WebLink About99-03229bOcwkkc? c.(W\cu Plaintiff v. COMct c ? * v tC,oC1q L. Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION LAW : NO.3a3 I CIVIL 19 q9 : CUSTODY VISITATION ORDER OF COT TRT And now, this 0M , upon consideration of the attached complaint, it is hereby directed that the above parties and their respective counsel a pear before Esquire, the conciliator, at ?l ? - Pennsylvania, on the Q,1 day of _ .1u t, a 1999, at R'. Q7) / P.M for a Pre-hearing Custody Conference. At sucl.i 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 be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: -TUCRUL- -f -A ll . Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990.9108 FI!.I:fl-U FICE S, !u l 10 f:1 3: 02 G /,o 'N l - io "I & L: 1- t M I`? U o Qi r c o P y .Z w < M ?O v ; N Q em . ' F 00 6 U 0 W v ? 1 < W 5 oP? o N N m °. G Q VI J Y" .? Y W < E, F x LAO 0/ 1 R/ S ' TOMASKU & KORA%IIA, P.C. r.ne?.a e?hr. nu..ml „..t,n,.rov•a ton.a 219 S7A71 Sias II Ilnaaisecao, Pi NNSV %AN1n 17101 1UN - 1 7000 I j i i room : (717) 238-11410 FAX: (717) 238-6190 ?' DONALD C, COMERER, IN TFIE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. VICTORIA L. COMERER Defendant. , CIVIL ACTION - CUSTODY ORDER OF COURT You, Victoria L. Comerer, have been sued in court to obtain custody of the child: Donald C. Comerer, Jr. You are ordered to appear in person at on , at .M. for _ a conciliation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 hearings. BY THE COURT, Dated: . J. DONALD C. COMERER, Plaintiff, V. VICTORIA L. COMERER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C?q_ 3'da-9 Ca ? t n CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY NOW COMES, Plaintiff, Donald C. Comerer, by and through his attorneys, TOMASKO & KORANDA, P.C., and complains to this Honorable Court as follows: 1. Plaintiff, Donald C. Comerer, is an adult individual residing at 3 Creek Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Victoria L. Comerer, is an adult individual residing at 6304 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present Addresses Age Donald C. Comerer, Jr. 6304 Salem Park Circle 13 (DOB: 6-26-85) Mechanicsburg, PA 17055 The child was not born out of wedlock. The child is presently in the custody of Defendant, who resides at the above address. During the past five years, the child has resided at the following residences with the following persons: List All Persons Donald C. Comerer and Victoria L. Comerer List All Addresses 3 Creek Road Mechanicsburg, PA 17055 Dates Birth to September 1996 Victoria L. Comerer Victoria L. Comerer Victoria L. Comerer Victoria L. Comerer Donald C. Comerer 5665 Wertzville Road Enola, PA 17025 15 Grouse Court Mechanicsburg, PA 17055 6304 Salem Park Circle Mechanicsburg, PA 17055 6304 Salem Park Circle Mechanicsburg, PA 17055 3 Creek Road Mechanicsburg, PA 17055 September 1996 to November 1996 November 1996 November 1997 November 1997 March 1999 March 1, 1999 to present (alternating weeks) March 1, 1999 to present (alternating weeks) The mother of the child is Defendant, Victoria L. Comerer, currently residing at 6304 Salem Park Circle, Mechanicsburg, Pennsylvania. She is divorced. The father of the child is Plaintiff, Donald C. Comerer, currently residing at 3 Creek Road, Mechanicsburg, Pennsylvania, He is divorced. 4. The relationship of Plaintiff to the child is that of natural father. The Plaintiff resides with no other persons except the child on a week-on/week-off basis. 5. The relationship of Defendant to the child is that of natural mother. She currently resides with no other persons except the child on a week-on/week-off basis. 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this court. Specifically, Plaintiff was a party to -2- a divorce action commenced by Defendant which resulted in a Marital Settlement Agreement setting forth a custody arrangement between the parties. The Court, term and number of that proceeding is as follows: Cumberland County Court of Common Pleas, No. 97-1795. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting primary physical custody to Plaintiff in that Plaintiff is better able to provide for the child's physical, intellectual, moral and spiritual well-being. 8. Each parent whose parental rights to the child have not been terminated have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff respectfully requests that this Court grant him primary physical custody of the child, Donald C. Comerer, Jr. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 i By: MICHAEL A. KORANDA VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: -Q 4D ALD C. CO G(?MERER -4- AUL 1 z ;yyy DONALD C. COMERER, Plaintiff VS. VICTORIA L. COMERER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3229 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISITATION ORDER AND NOW, this day of 1999, upon review of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of their minor child, Donald C. Come.rer, Jr., d.o.b. June 26, 1985. 2. The parties shall share physical custody of their minor child on a week on week off basis. The exchange of custody shall occur on Sunday at 8:00 p.m. The party who is commencing their period of custodial time with the child shall pick up the child from the other party's residence. 3. The parties shall share the holidays. The holidays are being defined as Labor Day, Thanksgiving, Easter, Memorial Day, and 4"' of July. This alternating schedule shall commence with Father having Labor Day in 1999. 4. The Christmas holiday shall be divided into two segments. Segment A shall be from December 24"' at 12:00 p.m. until December 25"' at 12:00 p.m. Segment B shall be from December 25"' at 12:00 p.m. until December 26t' at 12:00 p.m. Father shall have Segment A in 1999 and all odd years thereafter and Segment B in the year 2000 and all even years thereafter. Mother shall have Segment B in 1999 and all odd years thereafter and Segment A in the year 2000 and all even years thereafter. In addition, the parties shall share the remainder of the child's Christmas vacation from school at times to be agreed upon by the parties. 5. The parties shall provide the minor child with reasonable telephone access with the other parent while the child is in their respective custody. The child shall be entitled to call the other parent, at a minimum, every Tuesday and Thursday evening between 6:00 and 8:00 p.m. The purpose of this telephone access is for the child alone and not for contact between the parents. 6. The parties shall share transportation such that the party starting their periods of custody with the child shall be responsible for picking up the child from the other parent.. 7. Such other times as the parties may agree. Michael A. Koranda, Esquire Attorney for Plaintiff Debra Denison Cantor, Esquire Attorney for Defendant mlb RY THF. CCNIRT_ r,:) r, I,[, I , - " DONALD C. COMERER, Plaintiff Vs. VICTORIA L. COMERER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3229 CIVIL TERM CIVIL ACTION - LAW CUSTODY/VISITATION JUDGE PREVIOUSLY ASSIGNED: None. CUSTODY CONCILIATION CONFERENCE SM24ARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), 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 BIRTHDATE CURRENTLY IN CUSTODY OF Donald C. Comerer, Jr. June 26, 1985 Defendant 2. A Conciliation Conference was held on July 22, 1999, and the following individuals were present: the Plaintiff and his attorney, Michael A. Koranda, Esquire; the Defendant appeared with her attorney, Debra Denison Cantor, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent child: Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: July 30, 1999 z r Mic aejjL,-Ba-ngs Custody Concilia r