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HomeMy WebLinkAbout04-0012DERRICK CLEMMER, Petitioner DANIELLE CLEMMER, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY The Petitioner is DERRICK CLEMMER, a citizen of Pennsylvania, residing at 207 Geary Ave., New Cumberland, Pennsylvania, 17070. The Respondent is DANIELLE CLEMMER, a citizen of Pennsylvania, residing at 207 Geary Ave., New Cumberland, Pennsylvania, 17070. 3. Petitioner seeks custody of the following children: Name Present Residence Age Tyler Lee 207 Geary Ave. 5 New Cumberland, Pennsylvania (D.O.B 11-10-98) Madelyn Rae 207 Geary Ave. 1 New Cumberland, Pennsylvania (D.O.B. 4-14-02) The children are presently in the custody of both Petitioner and Respondent, Derrick Clemmer and Danielle Clemmer, who reside at 207 Geary Ave., Cumberland, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: From T.~.o With Whom Address 11/98 - 1/02 Petitioner and Respondent ~ New Cumberland, PA 1/02- 7/03 Petitioner and Respondent 2n~l St. New Cumberland, PA 7/03- Present Petitioner and Respondent 207 Geary Ave. New Cumberland, PA Tyler Lee and Madelyn Rae were bom in wedlock. The mother of the children is Danielle Clemmer, currently residing at 207 Geary Ave., New Cumberland, Pennsylvania She is married. The father of the children is the Petitioner, Derrick Clemmer, currently residing at 207 Geary Ave., New Cumberland, Pennsylvania He is married. The relationship of Petitioner to the children is that of fa~:her. The Petitioner currently resides with Respondent and parties' children. The relationship of Respondent to the children is that of mother. The Respondent currently resides with Petitioner and the parties' children. Petitioner has not participated as a party or witness, or iht another capacity, in other litigation concerning the custody of the children in this or another court. Petitioner has no information of a custody proceeding cc.nceming the children pending in a court of this Commonwealth. Petitioner 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. The best interest and permanent welfare of the children will be served by granting the relief requested because Petitioner would be the most appropriate primary care giver. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Petitioner requests the court to grant cu.stody of the children. Respectfully submitted, DATE: Attorney for Petitioner 1101 North Front Street Harrisburg, Pa 17102 ID # 10625 (717) 234-4583 DERRICK CLEMMER, Petitioner DANIELLE CLEMMER, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - CUSTODY VERIFICATION I, DERRICK CLEMMER, hereby verify that the information contained in the foregoing Complaint is true and correct to the best of our l~aowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to sworn falsification to authorities. DATE: DERRICK CLEMMER DERRICK CLEMMER, Petitioner DANIELLE CLEMMER, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : NO. : :CIVIL ACTION - CUSTODY ._ CERTIFICATE OF SERVICE AND NOW, thisC0t~' day of January, 2004, I, Janelle J. Monday, for the Law Firm of Krevsky & Rosen, P.C., attorneys for Petitioner DERRICK CLEMMER, hereby certify that I have this day served a copy of the Complaint via First Class U.S. Mail, Certified Mail on the following: DANIELLE CLEMMER 207 GEARY AVE. NEW CUMBERLAND, PA 17070 Jangle J. Monday 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 DERRICK CLEMMER : PLAINTIFF : V. DANIELLE CLEMMER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-12 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 08, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, · at 301 Market Street, Lemoyne, PA 17043 on Monday, February 09, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy. Esq. tv Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DERRICK CLEMMER, Plaintiff V. DANIELLE CLEMMER, Defendant I'IAR 0 2 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-12 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this 3~{ day of ~/~*"~ ,2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. ~. The parties, Derrick Clemmer and Danielle Clemmer, shall have shared legal custody of the minor children, Tyler Lee Clemmer, born November 10, 1998 and Madelyn Rae Clemmer, born April 14, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. $. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. ~. The Mother shall have temporary primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. To commence February 27, 2004, Father will have custody for three (3) consecutive weekends followed by a weekend in which Mother has custody before Father has the next three (3) weekends. Father's custodial weekends shall begin at 6:30 p.m. on Fridays and conclude at 6:30 p.m. on Sundays. The parties shall meet at the meeting point they had been customarily using in Gettysburg, Pennsylvania. 3. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. NO. 04-12 CIVIL TERM 4. The parties have elected to participate in therapeutic family counseling to address the division in their relation and the fashion in which they can be most helpful to their children during this period of transition. The parties will also participate in custody mediation with an eye toward resolving their differences related to the schedule of parenting time. 5. The Custody Conciliation Conference shall reconvene on June 15, 2004 at 1:00 p.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lernoyne, PA 17043. B~ Dist: Lawrence J. Rosen, Esquire, 1101 N. Front Street, Harrisburg, PA 17102-3324 Tiroothy L. Shultis, Esquire, 249 York Street, Hanover, PA 17331 DERRICK CLEMMER, Plaintiff V, DANIELLE CLEMMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-12 CIVIL TERM : CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME Tyler Lee Clemmer Madelyn Rae Clemmer DATE OF BIRTH November 10, 1998 April 14, 2002 CURRENTLY IN THE CUSTODY OF Mother Mother 2; Father filed a Complaint for Custody on January 2, 2004. A Custody Conciliation Conference was held on February 16, 2004 with the following individuals in attendance: the Father, Derrick Clemmer, and his counsel, Lawrence J. Rosen, Esquire; the Mother, Danielle Clemmer, and her counsel, Timothy L. Shultis, Esquire. attached. Date The parties reached an agreement in the form of a Temporary Order as Melissa Peel Greevy, Esquire Custody Conciliator :224720 DERRICK CLEMMER, Plaintiff' V, DANIELLE CLEMMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-12 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this _~' ' day of June, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Le.qal Custody. The parties, Derrick Clemmer and Danielle Clemmer, shall have shared legal custody of the minor children, Tyler Lee Clemmer, bom November 10, 1998 and Madelyn Rae Clemmer, born April 14, 2002. 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 in,~.luding, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. {}5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The Mother shall have primary physical custody subject to Father's rights of liberal partial custody which shall be arranged as follows: A. Summer. Father shall have custody Thursday at 5:30 p.m. through Sunday at 5:30 p.m. for three (3) consecutiws weekends followed by a weekend in which Mother has custody before Father has the next three (3) consecutive weekends. The parties shall meet at the meeting point they had been customarily using in Gettysburg, Pennsylvania. B. School Year Schedule. Commencing September 3, 2004, the parties will shift to a schedule which provides that Father will have custody for three (3) consecutive weekends followed by a weekend in which Mother has custody before Father has the next three (3) weekends. The school year weekend will be defined as Friday at 5:30 p.m. through Sunday at 5:30 p.m. NO. 04-12 CIVIL TERM 3. Vacation. Father will have custody for puq~oses of Summer vacation from August 12, 2004 through August 23, 2004 at 5:30 p.m. unless a different return time is agreed upon. Mother will then have custody from August 23, 2004 at 5:30 p.m. through September 3, 2004. In future years, the parties shall exchange requests for vacation time by May 1st unless otherwise agreed. In the event that the parties have selected overlapping vacation times, the party first providing written notice sh;~ll have their choice of vacation time. 4. Thanksqivin,q and Christmas. The parties have agreed to alternate which parent has the majority of the Thanksgiving and Christmas school breaks each year. For example, in even-numbered years, Father will have the m-'~jority of the Thanksgiving school break and Mother will have the majority of the Christmas school break. In odd-numbered years, Father will have the majority of the Christmas school break and Mother will have the majority of the Thanksgiving school break. For Thanksgiving 2004, Father will have custody from the Wednesday preceding Thanksgiving on Now~mber 24, 2004 until mid-day Saturday, November 27, 2004. For Christmas 2004, Mother will have custody from December 19, 2004 through December 26, 2004 at 5:30 p.m. Father will have custody from December 26, 2004 at 5:30 p.m. through January 1, 2005 at Noon. 5. Father and Mother have agreed to trade custodial weekends in December such that Mother will have custody for the weekend of December 10, 2004 through December 12, 2004 and Father will have custody for December 17, 2004 through December 19, 2004. Following the Christmas holiday school break, the parties will return to the school year schedule of three (3) weekends with Father followed by one (1) weekend with Mother with Father's first custodial weekend to commence on January 7, 2005. 6. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. Dist: Lawrence J. Rosen, Esquire, 1101 N. Front Street, Harrisburg, PA 17102-3324 Timothy L. Shulfis. Esquire, 249 York Street. Hanover, PA 17331 DERRICK CLEMMER, Plaintiff V. DANIELLE CLEMMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-12 CIVIL TERM 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 conceming the children who are the subject of this litigation is as follows: NAME Tyler Lee Clemmer Madelyn Rae Clemmer DATE OF BIRTH November 10, 1998 April 14, 2002 CURRENTLY IN THE CUSTODY OF Mother and Father Mother and Father 2. The parties were seen for their second Custody Conciliation Conference on June 15, 2004. Present for the conference were: the Father, Derrick Clemmer, and his counsel, Lawrence J. Rosen, Esquire; the Mother, Danielle Clemmer, and her counsel, Timothy L. Shultis, Esquire. form of an Order as attached. The parties worked diligently and patiently and reached an agreement in the cM ue '~; ~c,ay Pceoe~ ~ ~aeto~y' Esquire / :230874