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HomeMy WebLinkAbout99-06544L- ANDREW H. WOOD, Plaintiff VS. DANIELLE L. CLAUSI, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6544 CIVIL ACTION - LAW ORDER AND NOW, this day of P 1999, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the teens 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. Church Tristan Clausi, d.o.b. December 20, 1998. 2. The parties shall share physical custody ofthe minor child in accordance with the following schedule: Father shall have the child from Sunday 111 7:00 a.m. until Monday at 7:00 a.m. at which time he will drop the child offut Mother's residence. Mother shall have the child from Monday ul 7:00 a.m. until Tuesday at which time the child shall be made available to the Father at a time to be determined by Father. Father shall then have the child from Tuesday evening through Wednesday and Wednesday evening until Thursday morning at which time he shall return the child to Mother's residence. fhc child shall be made available to Father after he gets off from work on Thursday and he shall have the child overnight on Thursday. Father shall return the child to Mother's residence Friday morning, and Mother shall have the child from Friday morning at 7:00 a.m. through Sunday at 7:00 a.m., at which time she shall deliver the child to Father's residence. This schedule shall continue thereafter in the same sequence. 3. The parties shall alternate the major holidays, those holidays being defined as Thanksgiving, Easter, Memorial Day, Fourth of July and Labor Day. This alternating schedule shall commence with Father having Thanksgiving in 1999. These periods of partial custody and visitation shall be from 9:00 a.m. until 9:00 P.M. 4. The Christmas holiday shall be broken into two segments. Segment A shall be from Christmas Eve at 12:00 p.m. until Christmas Day at 12:00 p.m. Segment B shall be from Christmas Day at 12:00 p.m. until December 26th at 12:00 p.m. Mother shall have Segment Ain 1999 and all odd years thereafter and Segment B in 2000 and all even years thereafter. Father shall have Segment A in 2000 in all even years thereafter and Segment 13 in 1999 and all odd years thereafter. 5. Each party shall be entitled to one uninterrupted week of vacation with the child during the summer months. The parties shall provide each other with -?1?t??•IMBiYIT.RJ+NSYh"tuRw3utiia Waa MrMn.rN.. nx vwiv YM41I»v1.unra n m rv.. . v tit... ... « .. . : t-. LLrr; thirty (30) days advance notice as to when they intend to exercise this exclusive period of custody. 6. The parties should look to the other parent to provide child care if they ,y are not otherwise available during the periods of time in which they have custody of the child. 7. Such other times as the parties may agree. BY THE COURT. J. Elizabeth B. Stone, Esquire Joan Carey, Esquire mlb R?g ANDREW H. WOOD, ) IN TI IE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 99-6544 DANIELLE L. CLAUSI, ) Defendant ) CIVIL ACTION - LAW JUDGE PREVIOUSLY ASSIGNED: None CUSTODY CONCILIATION CONFERENCE SUMMARY 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(ren) who is(are) the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLYIN CUSTODY OF Church Tristan Clausi December 20, 1998 Plaintiff 2. A Conciliation Conference was held on November 11, 1999, and the following individuals were present: the Plaintiff and his attorney, Elizabeth B. Stone, Esquire; the Defendant and her attorney, Joan Carey, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiffs position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as folio%%s: See attached Order. 7. Need for separate counsel to represent child(ren): Neither party requested. ??- - ? I1\tu8t\ICOncl1r.ard • NOV - ( t9t? ANDREW H. WOOD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - CUSTODY DANIELLE L. CLAUSI NO. 99 -l ?tl Defendant ORDER OF COURT AND NOW, this 3 day of VN) (N*1 0( , 1999, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ?fSV(a? ?RI? _, the Conciliator, at Qty 5 ? ???? 1 CCM1n on the _ day of k 1t1Ja C \ I ?,7JQ, at IU 'C? ,L.M., 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. FOR THE COURT, ?`_ r By:kQ!LrNgAN'?c>? _ Custody Con liato Lam) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 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, PA 17013 Telephone: (717) 249-3166 RLFi?-0r•F'C ETPAY RIK l `rf o ('m?ueo ara l? off` "` ?/c . I1\owt\1-CUstdy.not ANDREW H. WOOD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - CUSTODY DANIELLE L. CLAUSI NO. Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following complaint, you must take action within twenty (20) days after the complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed against you and a judgment may be entered against you by the Court without further notice for any money claimed in the com- plaint or for any other claim or relief requested by the plaintiff. You may lose money or property, or other rights important to you. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ii:?t III?JYI I•\4..I: .NP. ['111?I11 YY ANDREW H. WOOD, Plaintiff V. DANIELLE L. CLAUSI Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. COMPLAINT FOR CUSTODY 1. The plaintiff is Andrew H. Wood, an adult individual, resid- ing at 5226 Meadowbrook Drive, Mechanicsburg, PA 17055. 2. The defendant is Danielle L. Clausi, an adult individual, residing at 303 E. Main Street, Mechanicsburg, PA 17055. 3. Plaintiff seeks custody of. Church Tristan Clausi who resides at 5226 Meadowbrook Drive, Mechanicsburg, PA 17055, and is Ten (10) months of age having been born on December 20, 1998. The child was not born out of wedlock. The child is presently in the custody of the Plaintiff who resides at 5226 Meadowbrook Drive, Mechanicsburg, PA 17055. During the past five years, the child has resided with the following persons and at the following addresses: NAME Plaintiff ADDRESS 5226 Meadowbrook Drive Mechanicsburg, PA 17055 DATES Since 11/2/99 -1- Plaintiff and Defendant Betty Jane Brown (Def's mother) 303 E. Main Street since 8/99 Mechanicsburg, PA Plaintiff and Defendant 6563 Carlisle Pike 8/98-8/99 Betty Jane Brown (Def's Mechanicsburg, PA mother The mother of the child is Danielle L. Clausi currently residing at 303 E. Main Street, Mechanicsburg, PA 17055. She is unmarried. The father of the child is Andrew H. Wood currently residing at 5226 Meadowbrook Drive, Mechanicsburg, PA 17055. He is unmarried. 4. The relationship of plaintiff to the child is that of father The plaintiff currently resides with the following persons: NAME Audrey Egley Robert C. Egley RELATIONSHIP Mother Step-Father 5. The relationship of defendant to the child is that of mother The defendant currently resides with the following persons: NAME RELATIONSHIP Betty Jane Brown Mother Loretta Young Grandmother 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. -2- 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 the relief requested because: (a) The child has resided with the father since birth who has provided a continuous living relationship with the child; (b) The father is able to provide a stable home and family type environment for the child allowing the child opportunity to spend time with the child's mother consistent with a schedule the parties have arrange between themselves. S. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. } h? ppt l •%?G61? t? 9 f? r: Ft 1r t?i?j?. ^f ' -3- ki WHEREFORE, plaintiff requests the court to grant primary physical custody of the child to the Plaintiff, with the Defendant enjoying partial physical custody and visitation rights. STONE LaFAVER & Eliza B. S ne, QUIRE S eme Cour I.D #60251 414 Bridg, t, P.O. Box E New Cumb rl nd, PA 17070 Telephone: (717) 774-7435 Attorneys for Plaintiff -4- Il\"@t\3•verM.dt V E R I F I C A T I O N Andrew H. Wood, states that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ? r ? -?> d w-CCD ANDREW H. WOOD Date: lD-2?-9y c ci .. o H ? 0 ? 1 W 43 " w to c. N H r/] 0 3 - I ? S a o 41 v ? i Jp? tr) ca p 1 , 7 U µ 0 a O E+U 0 3 a •i E s > f z 15 o x ? a ? 00 o F:\DOCS\FL\CUST\WOOD,ANDRE W-motiontoincorp ANDREW H. WOOD, Plaintiff W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6544 DANIELLE L. CLAUSI, Defendant : CIVIL ACTION - IN CUSTODY MOTION TO INCORPORATE AGREEMENT INTO CUSTODY ACTION Andrew H. Wood, Plaintiff in the above action, by and through his attorneys, Stone LaFaver & Shekletski, moves that your Honorable Court incorporate the attached Custody Agreement for Minor Children dated November 9, 2007, into the above captioned action as an Order of Court. STONE LaFAVER & SHEKLETSKI t• ?I f1\cust\W0DDC1ausiagrmnt10-07 r CUSTODY AGREEMENT FOR MINOR CHILD This custody agreement is entered into this C?o day of November, 2007, between ANDREW H. WOOD, hereinafter referred to as the "Father" and, DANIELLE L. CLAUSI, hereinafter referred to as the "Mother". W I T N E S S E T H: WHEREAS, Andrew H. Wood and Danielle L. Clausi are the natural biological parents of one minor male child, Church Tristan Clausi, eight and one-half years old, having been born out of wedlock on December 20, 1998; and WHEREAS, the father and mother having never been married to one another have reached a custody agreement that they believe to be in the best interests of their child; and WHEREAS, the mother has recently relocated from the area with her new husband and family and desires that the father shall have both legal and physical custody of the said child while she is out of the area; and WHEREAS, the father and mother agree that the mother shall enjoy full visitation rights with the minor child when she visits the area or any other additional that she desires with the subject child so long as the parties shall mutually agree; and WHEREAS, the parties agree to be as flexible as possible to maintain and nurture the relationship between mother and son while the mother remains out of the area; and WHEREAS, it is the desire of the parties hereto to formalize the agreement with one another of said minor child; AND NOW THEREFORE, the parties hereto intending to be legally bound hereby do agree that: 1. That the Father shall have full and complete legal custody of the said minor child with full authority to enroll such child in any school. -1- i , Jr `I 2. That the Father shall have full authority to make any and all medical decisions with respect to such child including provisions for emergency medical care and to execute any papers which may be required by any doctor or hospital to provide for any type of medical care. 3. That the Father shall have full authority to make any and all decisions for the upbringing and welfare of the child as the Mother herself could make. 4. That the Father shall have full authority to enlist the aid of medical professionals to assist in the mental health and happiness of the said minor child and to make decisions regarding counseling, medications, if prescribed, and any other therapies recommended from these professionals for the benefit of the child time to time. 5. While Father has full physical and legal custody, the parties agree to make every effort to share in all major medical, educational or other serious decisions affecting the life of the minor child. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have set their hands and seals on the date first above ritten. ANEW H. WOOD COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF C-k? ) ANDREW H. WOOD , and says that he is a party for Minor Child and that he therein contained. SWORN TO AND SUB RIBED befor?;Qe th 1 6". day :f?-2007. of )b-?tvL?? Notar,d.-c being duly sworn according to law, deposes named in the foregoing Custody Agreement has executed the same for the purposes COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHLEEN KEIM, Notary Public New Cumberland Boro., Cumberland Co. My Commission Expires Dec. 5, 2010 -2- jr COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF ) of , 2007. Michele G. Randon P F C , USA MY COMMISSION EXPIRES Notar P is aralatial IndefAuth 10 USC 1044a LU4vvJ CbuUSi , being duly sworn ?r g to law, deposes and says that she is a party named in the?°+•?4tody Agreement for Minor Child and that she has executed,'t1? -** me ,¢ ?he purposes therein contained. 4j AUT6 C - s rn# &8C iz i;?? *ap ?apo?.r SWORN TO AND SUBSCRIBED, before me this day -3- t-o r-- 'll F:\DOCS\FL\CUST\WOOD,ANDREW-ordertoincorp r ANDREW H. WOOD, Plaintiff V. DANIELLE L. CLAUSI, Defendant NOV 272My? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-.6544 CIVIL ACTION - IN CUSTODY ORDER day of , 2007, upon consideration of the foregoing AND NOW, this P I motion, the Custody Agreement for Minor Children between the parties dated November 9, 2007, and attached hereto is hereby incorporated into the above captioned action and made an Order of Court. THE COUR J. too .? 1 .,