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Home My WebLink About07-0017 AMANDA L. CLEARY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. 2007 - /7 CIVIL TERM EARL M. CLEARY, II, Defendant COMPLAINT FOR CUSTODY NOW comes the plaintiff, AMANDA L. CLEARY, by her attorney, Harold S. Irwin, III, and presents the following complaint for custody, representing as follows: 1. The plaintiff is AMANDA L. CLEARY, an adult individual residing at 117 East Main Street, P. O. Box 265, Newburg, Cumberland County, Pennsylvania 17241. 2. The defendant is EARL M. CLEARY, an adult individual residing at 7400 Harmon Road, Conneaut, Ohio 44036. 3. The parties were married on December 21,2001, but separated on-or about-May 27, 2005. Their divorce was final on June 12, 2006. 4. The parties are the natural parents of two minor children, BRENDEN JOSEPH CLEARY (born September 10, 2002) and KA YDEN BAILEY CLEARY (born July 16, 2004 ). 5. There is presently no custody order in effect, but since the parties' separation, the children have resided primarily with the father, subject to regular weekly partial custody with the mother. However, On October 26, 2006, the father removed the children from PennSylvania to Ohio without the agreement of the mother and she has had little opportunity to be with them due to the distance involved. 6. Plaintiff recently picked up the children in Ohio and presently does have physical custody of the children. 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 8. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 9. Plaintiff 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 visilation rights wilh respect to the children. 10. The best interests and permanent welfare of the children require that the parties have jOint legal custOdy of the children, that the plaintiff have primary physical custody and that defendant have scheduled periods of partial custody. WHEREFORE, the plaintiff request's that the court enter an order providing for the legal and physical custody of the children as aforesaid. January 2, 2007 HAROLD S. IRWIN, II Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013-3220 (717) 243-6090 Supreme Court 1.0. No. 29920 .- -- ---- VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. January 2, 2007 ~AAri~ Cf!o~ AMANDA L. CLEARY ~~ ~ " ...... " "') c ...... ~ ~ ~ ~ ~ ~ ~ o (-~ ;:.~ (+' ':? a -.; ~ = = --. r S;; ;.:: I N ...." ...... ..~ o -r, :;! 1-[') :rr r- E:j~ ~ , " :::,:j ~D -< AMANDA L. CLEARY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 07-17 CIVIL ACTION LAW EARL M. CLEARY, II DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 04, 2007 , 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 County Courthouse, Carlisle on Thursday, February 01, 2007 , 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 hearine;. FOR THE COURT. By: /s/ Hubert X Gilroy, Esq. Custody Conciliator fI1i The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 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 Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 rrI ~.~ Ar ~ ~ (Cl-f,-f .;Jr:P f ~ '7u, LO-6-1 ~ ir' % ~ /./or/,? LI7-,?'/ Vl~\I\jI\lA~NN;Jd UN'n,r~r' n'f~f ,::; I ",j,) ... "711:!:;8i.~n~ 90 :8 Wd 6- NVr LOOl AtrQ'1~'JO~U08d 3Hl :IO :J81.=l:tG-G311:! r . ........ .II-r v\ AMANDA L. CLEARY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW EARL M. CLEARY, II, Defendant NO. 07-17 IN CUSTODY COURT ORDER AND NOW, this I~" day of February, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Amanda L. Cleary, and the father, Earl M. Cleary, II, shall enjoy shared legal and shared phyiscal custody of Brendan Joseph Cleary, born September 10, 2002, and Kayden Bailey Cleary, born July 16, 2004. 2. Physical custody ofthe minor children shall be alternated between the parties on a two week basis with the exchange of custody to be on Sunday or at such other times as agreed upon by the parties. 3. Neither party may remove the minor children from the Commonwealth of Pennsylvania without agreement of the other party or Order of the Court. 4. The parties may modify this Custody Order as they agree. Absent an agreement, the parties shall follow this Order. In the event either party desires a modification ofthis Order and an agreement cannot be reached, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a confere~ce. I BYTH OURT~ Jud e c~arold S. Irwin, III, Esquire ~arl M. Cleary, II ~ F:\FILESlDA T AFlLE\GenerallCurn:ntU2321 ICleary v Cleary report and order V'INV'l\1J$NN3d A1NnO:J r1~ l"tlH3ewno B S :Z Wd 21 S3.:HOOZ Atfv'lONOHlOdd3Hl :10 3~I::H0'-{]31f::t I' . -_ .. AMANDA L. CLEARY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW EARL M. CLEARY, II, Defendant NO. 07-17 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Brendan Joseph Cleary, born September 10,2002, and Kayden Bailey Cleary, born July 15,2004. 2. A Conciliation Conference was held on February 2, 2007, with the following individuals in attendance: The mother, Amanda L. Cleary, with his counsel, Harold S. Irwin, III, Esquire and the father, Earl M. Cleary, II, who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. DATE: February 5, 2007 fjJ~ HKbert X. Gilroy, Esquire Custody Conciliator