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HomeMy WebLinkAbout02-3892MELISSA ANN DEIMLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. IN CUSTODY RAYMOND THOMAS JORAY NO: 02- 3?Ct? Defendant COMPLAINT FOR CUSTODY The Plaintiff, Melissa Ann Deimler, by her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. The Plaintiff is Melissa A. Deimler, residing at 219 Marietta Drive, Mechanicsburg, PA 17050. 2. The Defendant is Raymond Thomas Joray, residing at 141 Castle Drive, Mechanicsburg, PA 17050. 3. Plaintiff seeks custody of the following child: Name Present Residence Date of Birth Valicity Nicole Joray 219 Marietta Drive 12/15/01 Mechanicsburg, PA 17050 4. The child was born out of wedlock. 5. The child is presently in the custody of Melissa Ann Deimler. 6. Since birth until June 2002, the child resided with Melissa Ann Deimler and Raymond Thomas Joray at 141 Castle Drive, Mechanisburg, PA 17050. 7. Since June, 2002, the child has resided with Melissa Ann Deimler and her mother, Diane Dieffenderfer, at 219 Marietta Drive, Mechanicsburg, PA 17050. 8. The relationship of the Plaintiff to the child is that of mother. She is unmarried. She currently resides with her mother, Diane Dieffenderfer. 9. The relationship of the Defendant to the child is that of father. He is unmarried and currently resides with no other persons. 10. Plaintiff has not participated as a party or witness, or in another 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 or any other state. Plaintiff does not know of any 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. 11. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has been primary caretaker of the child since birth; b. Plaintiff is better able to provide a home with adequate moral, emotional, and physical surroundings for the child, whose best interests would be served by an award of primary physical custody to Plaintiff. 12. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. 13. Plaintiff and Defendant entered into an Agreement as to Custody on July 29, 2002. The Agreement provides that Plaintiff and Defendant shall have shared legal custody of the child. Plaintiff shall have primary physical custody and Defendant shall have periods of partial custody of the child as specified in the attached Agreement. The parties would like the Agreement to be entered as an Order of the Court. WHEREFORE, Plaintiff requests the court to grant to her primary physical custody of the child and enter an Order in the form attached hereto. Respectfully submitted, Date: August 15, 2002 Aen a A. owells d Legal Intern for Plaintiff 4meR laceains Lucy Johnston-Walsh Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 MELISSA ANN DEIMLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. IN CUSTODY RAYMOND THOMAS JORAY NO: 02- Defendant CUSTODY AGREEMENT THIS AGREEMENT, made this 29th day of July, 2002, between Melissa A. Deimler (hereinafter "Mother"), and Raymond T. Joray (hereinafter "Father"), concerns the custody of their child, Valicity Nicole Joray, born December 15, 2001. Mother and Father are the biological parents of the child and desire to enter into an agreement as to the custody of the child. 2. 3. 4. 5. Mother and Father agree as follows: Mother and Father shall have shared legal custody of the child Mother shall have primary physical custody of the child, and Father shall have partial physical custody of the child, as set forth in this Agreement and Order. Father shall have custody of the child each afternoon, Monday through Friday, commencing at 4:00 p.m. and extending until 6:00 p.m. Father shall have custody of the child on alternating weekends commencing Sunday at 7:00 p.m. and extending until Monday at 12:00 p.m. The holiday schedule shall be handled as follows: a. Christmas Day Father shall have custody of the child from 2:00 p.m. on Christmas Day until 2:00 p.m. on December 26. This provision shall supersede any other provision of this Order. b. Easter Sunday: Father shall have custody of the child on Easter Day at 2:00 p.m. and extending until the day after Easter at 2:00 p.m. This provision shall supersede any other provision of this Order. C. Thanksgiving: Father shall have custody of the child on Thanksgiving Day at 2:00 p.m. and extending until the day after Thanksgiving until 2:00 p.m. This provision shall supersede any other provision of this Order. d. Mother's Day: Mother shall have custody of the child on Mother's Day. This provision shall supersede any other provision of this Order. e. Father's DU: Father shall have custody of the child on Father's Day at 10:00 a.m. and extending until 2:00 p.m. This provision shall supersede any other provision of this Order. _ Childs Birthday (December 15): Whichever parent is not otherwise scheduled to exercise custody of the child on her birthday (December 15) in any given year, shall nevertheless have partial custody of her for two (2) hours that day. g- Mother and Father shall share all other holidays, as the parties agree. 6. Transportation with respect to exchanges of custody shall be the responsibility of the party receiving the child, unless otherwise agreed upon by the parties. 7. The parties may modify this Order by mutual consent. In the absence of mutual consent, the terms of this Order control. g. No party to this Agreement and Order will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party or which may hamper the free and natural development of the child's love and respect for the other party. 9. The party with custody of the children shall keep the Phone number the other party informed as to and address where the children can be reached. 10. No party shall allow the child near the home of Kenneth paternal grandfather, located at 121 McBride, the child's unless Kenneth McBride Castle Drive, Mechanicsburg, pA 17050 is present. 11. The parties intend to be bound by the terms Agreement of this Agreement and intend that this be entered as an Order of the Court. 12. Father has been informed and understands that the Family Law Clinic represents only Mother's interests in this matter. He has been advised that if he wants legal advice on this matter, he must obtain his own attorne. has chosen to proceed without counsel. y He understands this and Date:` - _ 1) 4L LISSA ANNN D BR Plaintiff 7^ MON O JORAY Defendant z Geoff is A. dwells Certi ' d Le al Intern for Plaintiff 4om ace ?4. Robns L ucy Johnston-Walsh Supervising Attomeys FAMILY LA W CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 (? 1 J --r r., i_ ? '? 1? ri , _ry rn "ii Af,?-Lrss4 A Pl0'rati fff IjE14,4 V "4 ,i YMoND ? De fe?d? os JORA Y To the l'r otbonot kin?.v allow: WT R1.41rb Co CF lv? CCU T ?oN LV C AC US?o?Y N LA Y PE? V AIQ 02_ A ECjP FORnE ?'O PRo I Gepr elrssa A Pro gi n D E S na n eeedizt Howells, ir?er g ? fob Ceti Plant} ff certl edLegallntem toproeeedin D to pro`idinghee aPaupens f gal hat at he fova e Au stls200? ser?Cetot e? Igejiet,ethe F ilyLa?CauAerrs arty arty is unable Pic, for the to" ?e costs Pad, L a,7u'that l cgallnteni LUCy?SAl. P 11?s JO _4 TgE Super vlsr g? ornyWALSF o 4S 717/ 43- PAIL Otree44 t W CLlgC 2968 13 O ? 1 Sw ._ ry? ,,-? _ i?:; ?.. t, :.Y r' ;' , . iC7 (ti .. " ?; .. ?? t - M AUG 16 2002 v MELISSA ANN DEIMLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. IN CUSTODY RAYMOND THOMAS JORAY : NO: 02- 3 ?L Defendant ORDER OF COURT AND NOW, this /V day of 4?44,m, - 2002 the within custody agreement is approved and entered as an Order of Court. BY THE COURT: V NIVAlk'S N N ? d MELISSA ANN DEIMLER Plaintiff V. RAYMOND THOMAS JORAY Defendant IN THE COURT OF COMMON PLEAS : of CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO: 02-3892 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter the appearance of Margaret M. Simok, Attorney at Law, of MidPenn Legal Services, on behalf of Defendant, Raymond Thomas Joray in the above matter. MIDPENN LEGAL SERVICES By: rY Margaret M. Simok Attorney at Law I.D. Number 89633 8 Irvine Row Carlisle, PA 17013 Ln L _t , Z N --? :." ILO c_ .. -?C N MELISSA ANN DEIMLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2002-3892 CIVIL ACTION LAW RAYMOND THOMAS JORAY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, April 07, 2009 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, May 13, 2009 v 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. 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/ John J. Mangan, Jr., E's . 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 2Ob9 Melissa Ann Deimler, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, ]PENNSYLVANIA V. : CIVIL ACTION - LAW : IN CUSTODY Raymond Thomas Joray, Defendant : NO. 02-3892 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindlv allow Melissa Deimler, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, Sarah Rosko Certified Legal Intern dv MEGA RIESMEYER ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 FiLED. Melissa Ann Deimler, : IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Raymond Thomas Joray, Defendant : NO. 02-3892 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this i 2d day of _Mav2009 between Melissa Deimler hereinafter Mother, and Raymond Joray, hereinafter Father, concerns the custody of their children: Valicity Joray, born December 15, 2001 and Vanessa Joray born July 17, 2004. Mother and Father desire to enter into an agreement as to the custody of the children. Mother and Father agree to the following. 1. Mother and Father shall share legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children every other weekend from Friday at 4:30 p.m. to Sunday at 4:00 p.m., instead of the 4 p.m. to 6 p.m. from Monday to Friday time period under the August 2002 Custody Order. 4. Father shall pick up and drop off the children at Mother's home. 5. Mother and Father will agree upon which holidays the children will spend with each parent. 6. Mother and Father will notify each other of all medical care the children receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 7. Neither parent will do anything which may estrange the children from the other party, or injure the opinions of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 8. Father acknowledges that the Family Law Clinic represents only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 9. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. Melissa Deimle?r, Plaintiff 42"%d?c) S arah Rosko Certified Legal Intern Counsel for Plaintiff ? rkA RIESMEYER ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys Raymond Jo ?b ndant FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 NG k li '' ' MAY 16 2009&7 Melissa Ann Deimler, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Raymond Thomas Joray, Defendant : NO. 02-3892 CIVIL TERM ORDER OF COURT AND NOW, this z " day of ,k,4 v , 2009, upon consideration of the attached agreement, it is hereby ordered that the Order of the Court of August 19, 2002 is modified and shall be as follows: 1. Mother and Father shall share legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children every other weekend from Friday at 4:30 p.m. to Sunday at 4:00 p.m., instead of the 4 p.m. to 6 p.m. from Monday to Friday time period under the August 2002 Custody Order. 4. Father shall pick up and drop off the children at Mother's home. 5. Mother and Father will agree upon which holidays the children will spend with each parent. 6. Mother and Father will notify each other of all medical care the children receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 7. Neither parent will do anything which may estrange the children ti from the other party, or injure the opinions of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. BY THE COURT: ,r ^ tax '?? . ?. ?: ?? _7 , = , ?-- L' ,?%i ? ?.. ;..- ` t. ?'' t.3 ??7 N ? 3? ? 7`' C --? J "? Q ,? C"'` ? ..""'??.