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HomeMy WebLinkAbout02-3505JILL A. CLIBER, DAVID P. CLIBER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY .' NO. CUSTODY COMPLAINT 1. The Plaintiff is Jill A. Cliber (hereinafter referred to as "Mother"), who currently resides at 242 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant is David P. Cliber (hereinafter referred to as "Father"), who currently resides at 205 Bailey Street, New Cumberland, Cumberland County, Pennsylvania 17070. following children: NAME Troy W. Cliber David W. Cliber Plaintiff seeks confirmations of shared legal and primary physical custody of the PRESENT RESIDENCE 242 Haldeman Avenue New Cumberland, PA 17070 242 Haldeman Avenue New Cumberland, PA 17070 DATE OF BIRTH 9/29/1995 9/16/1992 4. The children are presently in the custody of the Mother who resides at 242 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. following addresses: DATES During the past five years the children have resided with the following persons at the 1997 to 2/2/2002 2/2/2002 to present ADDRESSES 242 Haldeman Avenue New Cumberland, PA 17070 242 Haldeman Avenue New Cumberland, PA 17070 NAMES OF PERSONS IN HOUSEHOLD Father, Mother Mother 6. The Mother of the children is Jill A. Cliber, currently residing at 242 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. Mother is married but separated from Father. 7. The Father of the children is David P. Cliber, currently residing at 205 Bailey Street, New Cumberland, Cumberland County, Pennsylvania 17070. Father is married but separated from Mother. o currently resides with the following persons: NAME Troy W. Cliber David W. Cliber The relationship of the Plaintiff to that of the children is that of Mother. The Plaintiff RELATIONSHIP Son Son 2 resides with the following persons: NAlVIE Valerie Lair Matthew Lair The relationship of the Defendant to the children is Father. The Defendant currently RELATIONSHIP Girlfriend Girlfriend's son 10. 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. 11. The Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth. 12. 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 visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because this will confirm the status quo for the children. A binding schedule needs to be established. Since Father has relocated tothe house of his girlfriend which is located only blocks away, Father enters the marital home as he desires and has failed to abide by the informal custody arrangement created for the youngest child. The eldest child refuses to visit with his Father at his new address. Mother believes it is in the best interest of the children to have a fixed schedule 3 under which the children shall see their Father and to provide for established involvement for him in their activities. Mother would also like to prohibit contact with Father's girlfriend since same is confusing and detrimental for the children. Excessive alcohol is used at the Defendant's house and Mother would also like to prohibit such acts as Father's paramour continued efforts to alienate the children from her through words and actions. Mother has no current telephone access to the children at Father's home. Plaintiff can continue to provide a stable, loving environment for her children. 14. 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. WItEREFORE, the Plaintiffrequests the Court confirm shared legal and physical custody of the children with Plaintiff. DATE"-'7/°Q ¢ '°q'- ~ Esq_7_~uire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 4 JILL A. CLIBER, DAVID P. CLIBER, Plaintiff 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY Defendant : NO. VERIFICATION I, JILL A. CLIBER, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made heroin are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Dated: /~ ~-~"~ ~L~._C~L~/~R~~x JILL A. CLIBER : PLAINTIFF : ; V. : 02-3505 .* DAVID P. CLIBER : IN CUSTODY DEFENDANT ,. ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, Friday, July 26, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechaniesburg, PA 17055 on Wednesday, August 21, 2002 at 1:00 PM 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/ Dawn S. Sv. nd~v, Esq. 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JILL A. CLIBER, Plaintiff Vo DAVID P. CLIBER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3505 : : CIVIL ACTION - LAW : IN l~I.~s- CUSTODY ACCEPTANCE OF SERVICE I, Max J. Smith, Jr., Esquire, hereby accept service and acknowledge receipt of the above- captioned Custody Complaint on behalf of my client, David P. Cliber, having received said Complaint ~Cl6~[- ,2002. I hereby indicate I am authorized by my client to accept ! on the ] day of service on h'~behalf. James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, PA 17033 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 August 9, 2002, 9:46 a.m. Carlisle, Pennsylvania THE COURT: Is there a resolution on the emergency petition? MS. SUMPLE-SULLIVAN: Yes. THE COURT: Do you need an order? MS. SIIMPLE-SULLIVAN: to put it on the record, Your Honor. THE COURT: Certainly. MS. SUMPLE-SULLIVAN: reached by agreement of the parties. Yeah. We would like Go right ahead. This interim order is Once mother is admitted to the hospital, father shall take custody of the children until she is released from the hospital. During that time period, he will continue with the children in the day care program and provide the pick up and delivery of the children. He will spend overnights at the marital residence or the paternal grandparents' home during that week or whatever the period of hospitalization shall be. During that time period, his girlfriend, Valerie Lair, will not be allowed at all into the raarital residence. Additionally, during the period of hospitalization, the maternal grandparents shall have two overnight periods of custody with the children, which period shall be negotiated between the parties to reflect 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 periods that the children can visit their mother in the hospital as she is recouping. Once mother has returned from the hospital, the parties shall discuss an expansion of custodial rights for father to assist her in her need for care for the children during the interim weeks. Once that additional care or the need for that is not available, at that time then they will revert to their present schedule which will allow father Monday, Tuesday, and Thursday evening from 6:00 to 8:00 and alternating Saturdays from 11:00 to Sundays at 4:00 pending the custody conciliation. THE COURT: So agreed as a matter of resolution of this emergency petition pending custody conciliation? MR. SMITH: Yes. I believe this interim order continues until the conciliation date is rescheduled. THE COURT: So ordered. Date JILL A. CLIBER, DAVID P. CLIBER, Plaintiff Defendant IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 02-3505 .PETITION FOR CONFIRMING SCHEDULING OF A CONCILIATION AND JURISDICTION OF A CONCILIATO]~ Petitioner is Jill A. Cliber, an individual residing in the marital home at 242 Haldeman Avenue, New Cumberland, Pennsylvania 17070. Respondent is David P. Cliber, an individual residing at 205 Bailey Street, New Cumberland, Pennsylvania 17070. The conciliation was scheduled for August 21, 2002 on the original custody complaint filed July 24, 2002, and in accordance with the Order of Court dated August 9, 2002. Prior to the conciliation, an agreement was reached but the stipulation was never executed. A conciliation is required to address the issues; however, jurisdiction of the conciliator had already been revoked. A new conciliation date was scheduled by Order of Court dated October 9, 2002. A copy of said Order is attached hereto as Exhibit "A." Notice was received by counsel on or about October 17, 2002 that a Petition is required for scheduling of a conciliation. Petitioner requests the court confirm the conciliation scheduled for October 21, 2002 and reinstate the jurisdiction of the conciliator and any of the conciliator's actions. WHEREFORE, Petitioner requests that jurisdiction of the Conciliator be reestablished and the conciliation date confirmed. DATE: October 21, 2002 /lly submitted, ~ Esquire New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff ExI-m~IT "A" JILL A. CLIBER, VS. DAVD P. CLIBER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3505 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 9TM day of October 2002, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday. Esquire , the Conciliator, at 39 West Main Street~ Mechanicsburg~ PA 17055 , on Monda¥~ October 21~ 2002 , at 8:30 a.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. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. .~THE COURT? Dawn S. Sunday, Esquire Custody Conciliator ~ The Court of Common Pleas of Cumberland County is required by law to comply with the AmerScans with Disabilities Act of 1990. For infmmation 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 WItERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-3166 JILL A. CLmER, DAVID P. CLIBER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 02-3505 VERIFICATION I, Barbara Sumple-Sullivan, Esquire, hereby certify that the facts set forth in the foregoing Petition for Confirming Scheduling of a Conciliation and Jurisdiction of a Conciliator are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Barbara Sumple-Sullivan, Esquire JILL A. CLIBER, DAVID P. CLmER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 02-3505 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition for Confirming Scheduling of a Conciliation and Jurisdiction of a Conciliator, in the above-captioned matter upon the following individual(s), via facsimile and by United States first-class mail, postage prepaid, addressed as follows: DATE: October, 2002 Max J. Smith, Jr., Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Dawn S. Sunday, Esquire 39 W. Main Street Mechanicsburg, PA 17055// ~) ~B arb~araluSivan, E squire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff JILL A. CLIBER, Plaintiff VS. DAVD P. CLIBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3505 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~'[X, day of ~f2fd~ , 2002, upon consideration of the attached Custody Conciliation Report, i-t is ordered and directed as follows: 1. The prior Order of this Court dated August 9, 2002 is vacated and replaced with this Order. 2. The Mother, Jill A. Cliber, and the Father, David P. Cliber, shall have shared legal custody of David W. Cliber, bom September 16, 1992, and Troy W. Cliber, bom September 29, 1995. 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 this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 p.m. through the following Monday morning when the Father shall transport the Children to school. The Father's first weekend period of custody shall begin on Friday, November 1, 2002. In addition, the Father shall have custody of the Children every week from Wednesday at 6:00 p.m. through Thursday morning, when the Father shall transport the Children to school. 5. The parties shall share having custody of the Children on holidays as arranged by agreement. 6. Each party shall be entitled to have custody of the Children for 2 non-consecutive weeks each summer upon providing at least 30 days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of weeks under this provision. Unless otherwise agreed between the parties, each non-consecutive week shall include 7 uninterrupted days which shall be scheduled to include that party's regular weekend period of custody. 7. The parties agree to use prudent judgment to phase in the custodial schedule for their son, David. The implementation of the regular and holiday schedule for David shall be done timely and by mutual agreement of the parties. 8. The parties shall arrange to meet with each other on the first Thursday of each month beginning on November 7, 2002 at the McDonalds in Cedar Cliff, for the purpose of discussing issues concerning the Children. Thereafter, the time and place shall be selected by agreement of the parties. 9. The non-custodial parent shall be entitled to have reasonable telephone contact with the Children. 10. Neither parent shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 11. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE CO~t~,~ Edgar B. Bayley, ~ cc: Barbara Sumple-Sullivan, Esquire - Counsel for Mother Max J. Smith, Jr., Esquire - Counsel for Father ~~ 7 J~_L ( 1 ~ ..'. C.~IrI~!l r'1 ^ .7 .. J i -, i ;. ~ i ~-, JILL A. CLIBER, Plaintiff VS. DAVID P. CLIBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3505 CIVIL ACTION LAW IN CUSTODY PRIOR JUDGE: Edgar B. Bayley _CUSTODY CONCILIATION SUMMARY REPORi 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 subjects of this litigation is as follows: _NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF David W. Cliber September 16, 1992 Mother Troy W. Cliber September 29, 1995 Mother 2. A Conciliation Conference was held on October 21, 2002, with the following individuals in attendance: The Mother, Jill A. Cliber, with her counsel, Barbara Surnple-Sullivan, Esquire, and the Father, David P. Cliber, with his counsel, Max J. Smith, Jr., Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date JILL A. CLIBER, DAVID P. CLIBER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 02-3505 .PETITION FOR CONFIRMING SCHEDULING OF .4 CONCILIATION AND JURISDICTION OF A CONCHJATOR Petitioner is Jill A. Cliber, an individual residing in the marital home at 242 Haldeman Avenue, New Cumberland, Pennsylvania 17070. Respondent is David P. Cliber, an individual residing at 205 Bailey Street, New Cumberland, Pennsylvania 17070. The conciliation was scheduled for August 21, 2002 on the original custody complaint filed July 24, 2002, and in accordance with the Order of Court dated August 9, 2002. Prior to the conciliation, an agreement was reached but the stipulation was never executed. A conciliation is required to address the issues; however, jurisdiction of the conciliator had already been revoked. A new conciliation date was scheduled by Order of Court dated October 9, 2002. A copy of said Order is attached hereto as Exhibit "A." Notice was received by counsel on or about October 17, 2002 that a Petition is required for scheduling of a conciliation. Petitioner requests the court confirm the conciliation scheduled for October 21, 2002 and reinstate the jurisdiction of the conciliator and any of the conciliator's actions. WHEREFORE, Petitioner requests that jurisdiction of the Conciliator be reestablished and the conciliation date confirmed. DATE: October 21, 2002 /~jlly submitted, arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff EXHIBIT "A" JILL A. CLIBER, VS. DAVID P. CLIBER, Plaintiff : Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3505 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 9T}~ day of October 2002, it is hereby directed that the parties and their respective couns~l appear before _ Dawn S. Sunday. Esquire , the Conciliator, at 39 West Main _Street. Meehanicsbure, PA 17055 , on Monday~ October21~ 2002 , at 8:30 a.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. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. HE COURT, Dawn S. Sunday, Esquire zT-~;Y~-,h Custody Conciliator y The Court of Common Pleas of Cumberland County is required by law to comply with the .~Lmeficans with Disabilities 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 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-3166 JILL A. CLIBER, DAVID P. CLIBER, Plaintiff Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 02-3505 VERIFICATION DATED: I, Barbara Sumple-Sullivan, Esquire, hereby certify that the facts set forth in the foregoing Petition for Confirming Scheduling of a Conciliation and Jurisdiction of a Conciliator are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. arbara Sumple-Sullivan"Esquire JILL A. CLIBER, DAVID P. CLIBER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 02-3505 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition for Confirming Scheduling ora Conciliation and Jurisdiction of a Conciliator, in the above-captioned matter upon the following individual(s), via facsimile and by United States first-class mail, postage prepaid, addressed as follows: DATE: October, 2002 Max J. Smith, Jr., Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Dawn S. Sunday, Esquire 39 W. Main Street Mechanicsburg, PA 17055/~~ [ Barbara Sumple-Sullivan, '~ 549 Bridge Street Esquire New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff JILL A. CLIBER, Plaintiff DAVID p. CLIBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 02-3505 ORDER AND NOW, to wit, this ~ day of~, 2002, upon consideration of the foregoing Petition for Confirming Scheduling of a Conciliation and Jurisdiction of a Conciliator, the jurisdiction of the Conciliator to hear the matter is confirmed. BY THE J.