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Home My WebLink About06-1664 Gan Law Group BY: Rkhard R. GaD, Esquire Attorney 1.0. No. 68721 17 West South Street Carlisle, Pa (717) 2414300 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMOM PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA C;u,l T~~ Thomas E. Clepper, v. Defendant NO. O~ - ItA 'I CIVIL ACTION 2 CUSTODY Melissa Clepper Rowe, NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued'in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and the requested relief may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE PAPER TO YOUR LAWTER 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 32 South Bedford Street Carlisle, Pa 17013 717-249-2663 C:\Documents and Settings\Richard Gan\Desktop\My Documents\Clepper face sheet.doc v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A NO. 01.... -1f.,,1oL( C; u; L~/L~ CIVIL ACTION - LAW COMPLAINT FOR CUSTODY THOMAS E. CLEPPER, Plaintiff MELISSA CLEPPER (ROWE), Defendants COMPLAINT FOR CUSTODY and PETITION FOR EX-PARTE TEMPORARY CUSTODY I. The Plaintiff is Thomas E. Clepper, residing at 1152 Doubling Gap Road, Newville, Cumberland County, Pennsylvania. 2. Defendant Melissa Rowe resides at 68 country View Estates, Newville, Cumberland County, Pennsylvania. 3. Defendant Melissa Rowe is the natural mother of the child in question and Plaintiff is the natural father of the child in question. 4. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE AGE Joshua Clepper 1152 Doubling Gap Road, Newville Pa 15 (d.o.b. 12,7,90) The child was born during the marriage of the parties. The child is presently in the custody of Plaintiff Thomas Clepper and has been continuously in his custody for the last four years. Document # 135061 During the past four years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE YEARS Thomas Clepper Wanda Britcher 1152 Doubling Gap Road Same 4 4 The mother of the child is Melissa Rowe, who resides at 68 Country View Estates in Newville. She is married. The father and Plaintiff herein is Thomas Clepper, who currently resides at 1152 Doubling Gap Road, Newville, P A 17241. He is single. 5. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Wanda Britcher Significant other Joshua Clepper Son 6. Plaintiff has not participated as a party or witness in any other capacity, in other litigation concerning the custody of the child in this or another court. 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 Documenl # 135061 primary legal and physical custody to Plaintiff Thomas Clepper because it will be in the best interest and permanent welfare of the child as follows: a.) Plaintiff Thomas Clepper is in the best position both financially and emotionally to provide stability and custody for his son, c.) Plaintiff is in the best position to provide a stable, responsible environment for the raising of his son. d.) Plaintiff has made numerous attempts to assist the minor child in his many needs and will continue to do so when he is granted custody. e.) Defendant has recently threatened to forcibly remove the minor child from Plaintiffs residence without his consent nor the consent of this court. f.) That approximately four years ago, defendant told the Plaintiff to pick up the minor child Joshua and "get him out of her home". 8. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim WHEREFORE, Plaintiff, Thomas Clepper, respectfully requests this Court grant him primary legal and physical custody of the child with reasonable visitation rights to Defendant, Melissa Rowe. Respectfully submitted, Document # 13506/ 3h.).h(. Oa{e I Document # /35061 Cc Gan Law Group ~ ~< ~_. It. 1<UU K. \jan, Esquire 1.0. No. 68721 17 West South Street Carlisle, Pa 17013 (717)241-4300 Attorneys for Plaintiff ~~ VERIFICATION !, Thomas Clepper, verify that the statements made in this Complaint are true and correct. ! understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unswom falsification to authorities. ! ; '/~ Thomas Clepper Plaintiff Date -3 h.z. /0(, , Document # 135061 ! --.-.... ,./"""\ / I ~ \~ o D 1- r _ -- <1. trJ .-0 ?-> -C -- - ~ ~ ~ -- ?0 C> \> ~ :p -+-- +- ~- (1 ~';' ~--' ~ '~?,.i :~ ~ "":.. :,'..~ :,,,} ,-,-, '-"~? c~~ co, " "'" ..... THOMAS CLEPPER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, 06-1664 CIVIL ACTION LA W MELISSA ROWE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, March 29, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at .... 4th Floor, Cumberland <::ou!'ty Courthouse, Carlisl~_ on u_---..!r.!<l.!'X, May 05, 2006 , the conciliator, at 10:30 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: _~__...f!ubert X Gilro1'2 Esq. fl'--- 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 infol111ation about accessible facilities and reasonable accommodations available to disabled individuals having business bef,)[e the court. please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court. Y Oil must attend the scheduled con ference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HA VE 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 Bcdf()[d Street Carlisle, Pennsylvania 17013 Telephone (717) 249.3166 P 4~_# -- ~?~ - -lIp ;'0 lJ.; ~ PiJr??>1/ ,r.J7i/L, {, "'1~ ft.;;7.z.. -'(;"'7~ t~? '';:?9 , J /"., '~";'J r" -, \' 1 W' "''11 ':0'17 b:;:(, <if.., ,.1(.. (:\;.. h,-, v .'i'L' IotJ',,' ]>lL :\U 'Jc7 Ii . r ':17 If [, .1(/ /f.- E . .- "-/ RECEIVED MAR 2 8 20C6 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. D Is. - I (Pic,! G ~ LL~ 'Cfl-l-v1 CIVIL ACTION - LAW COMPLAINT FOR CUSTODY THOMAS CLEPPER, Plaintiff v. MELISSA ROWE, ORDER AND NOW, this Z B - day of ,.." a... J, , 2006, It is ordered that Thomas 1"-"".) Clepper is awarded the temporary physical custody of the minor child Joshua Clepper. It i6 fur.her c.,..e'('4.n~ . aeElen.A thot the parties ~Hf.LL APfLAR IN peRSON in thtl e'lstody Hediati9R Office, GYf)' , ~^.3o"l1roly lOun!) Fuurth Fluur, CWllbt:rland Cuuuty COilitl,UU.", C",li.\<; P"'lll.ylvania lih - at o'ClOCK a.m/p.m. fin <1 Cu,tudy M"di<1tiuIl €UUf""lf;Ilce. If you fail to appear as provided by this Order, an Order for custody may be entered against you or the Court may issue a warrant for your arrest. BY THE COURT: Date ~tLJ / JILW ~A r;:: d~~;~ Document # /35061 2: /f7' 1;','1'1 r-;:2..?tL, ..,.~'~?~ ~7 '/'7'(/ " ','::"r:") Q'c '."'''} 6;:2 11,:.J /0 q,l 1'0 ) r [ 'V IE' I :iC THOMAS CLEPPER, Plaintiff MAY 0 ~ ZUU!) I . X..------J IN THE COURT OF COMM ur---- CUMBERLAND COUNTY, PENNSYLVANIA ~J ~1 1, v CIVIL ACTION - LAW MELISSA ROWE, Defendant NO. 06-1664 IN CUSTODY COURT ORDER AND NOW, this I ()~ day of ~ ~___ , 2006, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. '-I of the Cumberland County Courthouse on the /9 ~ day of H ,2006 at <?:30q.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following temporary Custody Order is entered: A. The father, Thomas Clepper, and the mother, Melissa Clepper Rowe, shall enjoy shared legal custody of Joshua P. Clepper, born December 7, 1990. B. The father shall enjoy primary physical custody of the minor child. \ilN'V^l,\SNN3d UN""'''''''' -', ,M' ''''''''~M!''\I''\ f',J.\ : I\' / ',"}J 'H~,''ri~ ,\ hJ as :9 W~ \ \ riW qUUl J..tN10NOHlOBd 3\-\1 :10 '3Q\:!~O-(Bl\j C. The mother shall enjoy periods of temporary physical custody of the minor consistent with the schedule which the parties have been following over the past few months. BY THE COURT, BY THE COURT, cc~hard R. Gan, Esquire vMelissa Clepper Rowe Ad ~ ~ I . THOMAS CLEPPER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW MELISSA ROWE, Defendant NO. 06-1664 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH TIlE CUMBERLAND COUNTY CML RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Joshua P. Clepper, born December 7, 1990. 2. A Conciliation Conference was held on May 5, 2006, with the following individuals in attendance: The father, Thomas E. Clepper, with his counsel, Richard R. Gan, Esquire, and the mother, Melissa Clepper Rowe, who appeared without counsel. 3. The current situation is that father has had primary custody of the minor child for approximately four years. Father indicates that mother now suggested that she wants primary custody and that there has been some suggestion, at least according to the mother that the minor child has indicated that he wants to live with the mother. The father believes he should be the primary custodian. The mother believes she should be primary custodian. The arties are unable to reach an agreement and a hearing is required. The hearing should take approximately one day. 4. An interim Order will need to be issued pending the hearing. The Conciliator recommends maintenance of the status quo which is father having primary custody and mother having periods of temporary custody with the minor child. The Conciliator recommends an Order in the form as attached. S-9-O~ e!x. ~quke Custody Conciliator DATE THOMAS CLEPPER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 06-1664 CIVIL MELISSA ROWE, Defendant CUSTODY ORDER AND NOW, this J 6~ day of July, 2006, it appearing that the parties in the above captioned matter have reached an agreement and pending receipt of same, the hearing for July 19,2006, is continued generally. BY THE COURT, :r\m ./ld Aichard Gan, Esquire For the Plaintiff vCarol Lindsay, Esquire ~ For the Defendant 4, ,()\p <\,'\ D \ " ., \V~ \j\ .,-' :\~~~) ...... ~ THOMAS EUGENE CLEPPER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 06-1664 v. MELISSA ROWE, Defendant STIPULATION FOR CUSTODY The parties hereto are Thomas Clepper, hereinafter "Father" who resides at 1152 Doubling Gap Road, Newville, Cumberland County, Pennsylvania and Melissa Rowe, hereinafter "Mother" who resides at 68 Country View Estates, Newville, Cumberland County, Pennsylvania. 1. The parties are parents of two children, Thomas Eugene Clepper, Jr., born December 25,1988, and Joshua Paul Clepper, born December 7,1990. 2. The parties will share legal custody of their children. 3. Mother will have primary physical custOdy of Joshua P. Clepper and Father shall have primary physical custody of Thomas E. Clepper, Jr. The parties will share custOdy of the children on important holidays as they shall agree. The parties will further share custody of the children during summer vacations as they shall mutually agree. 4. The parties agree that the terms of this Stipulation be entered as an Order of Court and that this Stipulation resolves the issues raised in the Petition set for a hearing on July 19, 2006 so that that hearing is no longer required. ~. 'Th1L~rL?~ Witness: 1!tlA),M.I t:-;;e~) Melissa Rowe ~ :on ::::l f',,) C) r~~,.) \..C1 - .... SAlOIS, FLOWER & LINDSAY ......__.~0lAW 26 West High Street Carlisle,PA II II I, u I JUL 2 4 2006r MELISSA JEAN CLEPPER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 588 OIVIL 1992 01,- //.,111/- PROTECTION FROM ABUSE AND CUSTODY v. THOMAS EUGENE CLEPPER, Defendant ORDER OF COURT AND NOW, this 31'. day of 4""", , 2006, the terms of the attached Stipulation of Custody is hereby made an Order of Court. BY THE COURT, I .--f ,A /eJc.. , J. lp ~ fJJ,D \) ,j iI' (n """<-- ., ,( '\. ~ ,,~~ - ,:1{, I"~