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HomeMy WebLinkAbout05-1410 MARK R. CLEPPER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - ly/o CIVIL TERM CANDICE A. CLEPPER, CIVIL ACTION-LAW Defendant IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Mark R. Clepper, an adult individual who currently resides at 315 Ponderosa Road, Carlisle, Cumberland County, Pennsylvania 17241-9519. 2. Defendant is Candice A. Clepper, an adult individual who currently resides at 19 West Main Street, Upstairs, Newville, Cumberland County, Pennsylvania 17241-1003. 3. The parties are the parents of a minor child, Hayley E. Clepper, born February 24, 2003. The child was born in wedlock. The child is presently in the custody of both parties who share physical custody of her. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Mark R. Clepper 315 Ponderosa Road Carlisle, Pennsylvania 17013-9519 Mark R. Clepper 1191 McClure's Gap Road Candice A. Clepper Carlisle, Pennsylvania 17013 Mark R. Clepper 210 Ponderosa Road Candice A. Clepper Carlisle, Pennsylvania 17013 Dates March 2005 - Present July 2003 - March 2005 February 2003 - July 2003 The natural father of the child is Mark R. Clepper, currently residing at 315 Ponderosa Road, Carlisle, Cumberland County, Pennsylvania 17013-9519. He is married to Defendant. The natural mother of the child is Candice A. Clepper, currently residing at 19 West Main Street, Upstairs, Newville, Cumberland County, Pennsylvania 17241-1003. She is married to Plaintiff. 4. The relationship of Plaintiff to the child is that of natural father. Plaintiff currently resides with the following persons: Names Relationship Kaitlyn Clepper Daughter (of Plaintiff and Angie Varner) Hayley E. Clepper Daughter George Rife Father Beverly Rife Mother 5. The relationship of Defendant to the child is that of natural mother. Defendant currently resides with the following persons: Names Relationship 6. 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. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. NONE. it WHEREFORE, Plaintiff requests your Honorable Court to grant him shared legal and shared physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER 4*4&? Michael A Scherer, Esquire I.D. # 61974 19 West South Street DATE: March 2005 Carlisle, Pennsylvania 17013 (717) 249-6873 masADomesticlClepperlcustody. com p MARK R. CLEPPER, Plaintiff V. CANDICE A. CLEPPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - CIVIL TERM CIVIL ACTION-LAW IN CUSTODY VERIFICATION I verify that the statements made in the foregoing Custody 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. Mark R. Clepper DATE: March 'y , 2005 f Apr p R rj A MARK R. CLEPPER IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLV V' 05-1410 CIVIL ACTION LAW CANDICE A. CLEPPER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 23, 2005 upon consideration of the attach Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Es the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 21, 2005 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the is ies 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 onference 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 Ab a orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled heari FOR THE COURT, By; /s/ Jacqueline M, Verney, Esq. ? Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply wit the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accom odations available to disabled individuals having business before the court, please contact our office. All rrangements must be made at least 72 hours prior to any hearing or business before the court. You must atte the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. If YOU O NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE HIE OFFI F SE'f FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 RECEIVED APR 19 2005'/ MARK R. CLEPPER, Plaintiff V. CANDICE A. CLEPPER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-1410 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 15`h day of April, 2005, the Conciliator having been advised that the parties have reached an agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, r acq ine M. Verney, Esquire, Custo Conciliator 97, MARK R. CLEPPER, Plaintiff V. CANDICE A. CLEPPER, Defendant IN THE COURT OF COMMON PLEAS 0 CUMBERLAND COUNTY, PENNSYLVAI NO. 2005 - 1410 CIVIL ACTION-LAW IN CUSTODY STIPULATION AND AGREEMENT CIVIL TERM THIS AGREEMENT AND STIPULATION entered into this day of by and between Mark R. Clepper (hereinafter referred to "Father") and Candice A. (hereinafter referred to as "Mother'); WHEREAS, Candice A. Clepper is the natural mother of the child Hayley born February 24, 2003, (hereinafter referred to as "child"); and, WHEREAS, Mark R. Clepper is the natural father of the child; and, WHEREAS, the natural parents are separated and living in separate resid WHEREAS, the parties believe it to be in the best interest of the child that share physical custody of the child; and, WHEREAS, the parties wish enter into an Agreement relative to the child. NOW THEREFORE, in consideration of the mutual covenants, promises agreements as hereinafter set forth, the parties agree as follows: 2005, Clepper, and, parties of the 1. The parties shall share legal custody of child, Hayley E. Clepper, boln February 24, 2003. Shared legal custody means the right of both parents to control and to making decisions of importance in the life of their child. Each parent shall have in equal right, to be exercised jointly with the other parent, to make all major non-emergency deci! affecting the child's general well-being, including, but not limited to, all decisions re( their health, education and religion. The custodial parent shall inform the non-custc immediately of all medical and dental appointments and problems pertaining to the Each parent shall notify the other parent of any medical, dental, optical, counseling appointments of the child with health care providers, sufficiently in advance thereof other party may attend, if he or she so chooses. Pursuant to the terms of 23 Pa. C.S.A. section 5309, each parent shall be ons parent other that the to equal access to all medical records and information pertaining to the child, including but not limited to, the child's school, medical, dental, religious and other important records ahd the residence address of the other parent. 2. The parties shall have shared physical custody of the child such that the party who is not working shall have physical custody until such time as that party reports Both parties are employed at Carlisle Tire and Wheel and the parties work opposite 3. The party receiving custody in the exchange of the child shall be pick the child up at the other party's residence or at such location as the child is the case may be. 4. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to health and well being of the child is protected, work. to as that the 5. The parties shall not do anything which may estrange the child from they other parties, or injure the opinion of the child as to the other parties or which may hamper free and natural development of the child's love or affection for the other parties. 6. The parties are encouraged to deviate from this schedule when the interests of the child requires them to do so, however, in the absence of an ag terms of this agreement shall be controlling. WIT//NESS:: /bz' '?f , /,& ea l& Date: March i `{ , 2005 /L zo+uS G.,- Mark R. Candice the mas\DomesticlClepper\custody.sti p ca 7J 111 T N J ' RECEIVED APR 2 7 Y oi5 MARK R. CLEPPER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 1410 CIVIL TERM CANDICE A. CLEPPER, CIVIL ACTION-LAW Defendant IN CUSTODY OR C4 "-A4 DER OF COURT ?. 7-00-N r 111?y 61 , F, it, AND NOW, this the , upon consideration of the within Stipulati8n, following Custody Agreement is hereby adopted as an Order of Court: 1. The parties shall share legal custody of child, Hayley E. Clepper, born February 2003. Shared legal custody means the right of both parents to control and to share in aking decisions of importance in the life of their child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions ?ffecting the child's general well-being, including, but not limited to, all decisions regarding their health, education and religion. The custodial parent shall inform the non-custodial parent i mediately of all medical and dental appointments and problems pertaining to the child. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of the child with health care providers, sufficiently in advance thereof so that the other party may attend, if he or she so chooses. Pursuant to the terms of 23 Pa. C.S.A. section 5309, each parent shall be entitled to access to all medical records and information pertaining to the child, including, but not to, the child's school, medical, dental, religious and other important records and the ce address of the other parent. 2. The parties shall have shared physical custody of the child such that the party o is not working shall have physical custody until such time as that party reports to work. h parties are employed at Carlisle Tire and Wheel and the parties work opposite shifts. 3. The party receiving custody in the exchange of the child shall be responsible to the child up at the other party's residence or at such location as the child is present, as case may be. 4. The parties will keep each other advised immediately relative to any sncies concerning the child and shall further take any necessary steps to insure that the and well being of the child is protected. 5. The parties shall not do anything which may estrange the child from the other , or injure the opinion of the child as to the other parties or which may hamper the free nd natural development of the child's love or affection for the other parties. 6. The parties are encouraged to deviate from this schedule when the best of the child requires them to do so; however, in the absence of an agreement, the of this agreement shall be controlling. Michael A. Scherer, Esquire Brien, Baric & Scherer 1 West South Street arlisle, Pennsylvania 17013 andice A. Clepper 1 West Main Street, Upstairs ewville, Pennsylvania 17241-1003 r- m _ ? ?_> •YC, r ..' i ??l { 1 1 _ W ? t ?? lL ?,? `?}U? d ??y a% G? N MARK R. CLEPPER, . : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005 - 1410 CIVIL TERM CANDICE A. SHUGHART, CIVIL ACTION-LAW f/k/a CANDICE A. CLEPPER, Defendant IN CUSTODY PETITION TO MODIFY CUSTODY 1. The Petitioner is Mark R. Clepper, (hereinafter referred to as "Father"), who is an adult individual residing at 53 Hickory Drive, Newville, Cumberland County, Pennsylvania, 17241. 2. The Respondent is Candice A. Shughart, (hereinafter referred to as "Mother"), an adult individual who is an adult individual residing at 1936 Forester Street, Harrisburg, Dauphin County, Pennsylvania 3. The parties are the natural parents of Hayley E. Clepper, born February 24, 2003, (hereinafter referred to as "Child") 4. The parties are governed by a May 2, 2007 Order of Court, attached hereto as "Exhibit A", relative to the custody of Child. 5. In approximately April, 2007, without notice to Father, Mother moved to Harrisburg, Dauphin County, Pennsylvania. 6. Mother currently resides in the city of Harrisburg. Father resides in Newville which is a much safer, rural environment for the child. 7. The child will attend kindergarten beginning in August, 2008. 8. Father believes it will be in child's best interest for an Order to be entered granting Father primary physical custody of Child. .r WHEREFORE, Father respectfully requests this Honorable Court grant him primary physical custody of Child. Respectfully submitted, Date: C- (3-og O'BRIEN, BARIC & SCHERER Mi hae A. Scherer, Esquire I.D. No. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas.dir/domestic/clepper/mod ifycustody2.pet VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: 401 ?$ Mark R. Clep C.- 3 r?rt MARK R. CLEPPER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-1410 CIVIL ACTION LAW CANDICE A. SHUGHART F/K/A CANDICE A. CLEPPER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, June 20, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, July 21, 2008 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. 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/ Jacqueline M. Verney, Esq. Custody Conciliator r 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 P 1 :7 =Id C n Coal a .. U MARK R. CLEPPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-1410 CIVIL ACTION - LAW CANDICE A. CLEPPER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this Z?day of , 2008, upon consideration of the attached Custody Concil tion ort, it is ordered and directed as follows: 1. A Hearing is scheduled in Co oom No. , of the Cumberland County Court House, on the _ day of , 2008, at 3h _ o'clock, P. M., at which time testimony will be en. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated May 2, 2005 shall remain in full force and effect, as modified by agreement of the parties. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. A cc?ichael A. Scherer, Esquire, counsel for Father Michael M. Jerominski, Esquire, counsel for Mother Co FS ,-ratlS?L 7/1 u ?? oll a *y ? ti MARK R. CLEPPER, Plaintiff V. CANDICE A. CLEPPER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-1410 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. 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 Hayley E. Clepper February 24, 2003 shared 2. A Conciliation Conference was held July 21, 2008 with the following individuals in attendance: The Father, Mark R. Clepper, with his counsel, Michael A. Scherer, Esquire, and the Mother, Candice A. Clepper, with her counsel, Michael M. Jerominski, Esquire. 3. The Honorable Edgar B. Bayley, P.J. previously entered an Order of Court dated May 2, 2005, providing for shared legal custody and shared physical custody. The child will enter kindergarten in the fall and the parties disagree with where she will attend and who she will live with primarily when attending school. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody. Father asserts that Mother has had three children to three different men and is unstable. Father on the other hand maintains that he has lived in Newville a long time and intends to remain there and that the child should attend school in the Big Spring School District. Father opposes the child attending Harrisburg schools, but Mother has proposed a private school. Father however is concerned about the cost of a private school. Father would maximize Mother's time with the child during the school year and Mother would have primary physical custody of the child in the summer. i 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody. Mother requests the child attend St. Margaret Mary School. Mother maintains that her two younger children also will attend the same school in the day care program. Mother has concerns about Father's mental health and criminal history. Father is currently enrolled in the Cumberland County Treatment Court. He is scheduled to successfully complete the program in September. Mother further has concerns about the care Father provides to the child when she is in his care. Mother is also willing to maximize Father's time with the child and for Father to have primary physical custody of the child in the summer. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one-half day. 7-a/ .Ug A . Date gacq ine M. Verney, Esquire J Custody Conciliator