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HomeMy WebLinkAbout95-03978 Duvid E, Chipper umlthe putenml-grlUlllpurents. Duvid ChIpper uml Dorothy ChIpper. ItD, # I. Box 327. Bedford, I'A 15522, from 7/23/95 to present, 4, 'Ille mother of the children is Reheccu Chipper. whose lust known uddress wus 210 Opossnm Luke Roml, Curtisle, I'A 17013, She is nmrried, 5. TIle futher of the children is Duvid E. Clupper. cnrrently residing ut R.D, # I, Box 327. Bedford, I'A 15222, He is murricd, 6. TIle rcllllionship of I'luintiff to the children is thut of futher. TIle I'luintiff currently resides with the children und the following person(s): Name Relutionship Duvid Clupper und Dorothy Clapper. patenml grundparents 7, TIle relutionship of the defendant to the children is that of mother. TIle Defendant currently resides with the following person(s): Nume Relutionship None 8. Pluimiff hus not participated us u pany or witness, or in another capacity, in other Iitigution concerning the custody of the children in this or another conn, Pluintiff hus no infonnatlon of a custody proceeding concerning the children pending in a conrt of this Commonwealth. Plaintiff does not know of a person not a pany to the proceedings who hus physical cnstody of the children or claims to huve custody or visitation rights with respect to the children, 9. TIle bes1 interest and pennanent welfare of the children will be served by grunting the relief requested because the Plaintiff. David E, Clupper, cuu provide u more stable und nurturing atmosphere. Grunting Plaintiff custody will be in the best interest and penllunent welfure of the children, j \ ,~ "., " ~ J I j ';.) ,], 'j ,) ~ ,,'I .,: " ,. 'f' ~ .. ]- '. . Jf :" ":"'~ " '.... 0 ;xl 0 .....ZOH :0 fTl ;.. ZO"l2 I; 0 OJ <: fTl fTl H n n>-l ~'" >" :0 n 0 c:-.oC;:c ffi:~ n (f) Ul3: rr1 4'Dl 0 :>- fTl >-lIt>> _15"1) 9.,< "l , 0 fTln ::-'1]= "'CD 'T1 n 0 "0 1:: .. on r- n 0< r-c '-I",' ;xl 0 > !;: >:0 ~:>~ S'Dl c: '" z>-l N:>fT1 :> :J t:;~ n:o '" < '" 0 !!!.a. C:>-l fTl <II '" 0 '<1; C'l <t, ;xl fTl n"l Uf g: ",' 0 CD >-In> . :0 0 ~ iii' ~ -g .. O::l ncn _ iilO 00. H2O Cl~g.~ 0< <t-1~ "C 0 '" HO<~ -.It) ::1:1 fTl Il> ...... r-. 0 (,)2 >-l ...., III 2 '" H Il> .... >-I'" >-l ::l ::I fTl>'" H 0. ... " r- 0 III ...' ::;: fTl ..-: ::I ...., :>- ... ...., Ul , . Kaycr and Brown 1\ 1-'rol":)".1fl,d t'nrpi1I.IIIlHl lll"'i1,' I!;II . <1 L Iltlt~lly ,,0\',,1.;,1111' . I:.IIII:.II'.I'A 1;'01:\ (,'l,"):\.H :'0),1;; ,j, IN ,THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 95-3978 CIVIL TERM IN CUSTODY ,:" DAVID E. CLAPPER, Plaintiff VI. REBECCA CLAPPER, Defenclent " " PLAINTIFF'S REQUEST" FQR,. .-',':. PRODUCTION OF DOCUHEIffS j: 'c, l:,~;, 'AND THINGS" ,.,.,,:..<,;.";, ,- - -, -, ,.' ":.>':'!~i._~;~/;}'~~;~~r7~ , ..! . ;dgj',~:--~~>r~~':~Z ~ytI' Ind'lIroWn A Pfo!ItIIonII~ '.' LIlIIty Laft . 41. ~'AYII'Ut,' ,', ClllllII. PtnnIyIyInla 17011h ' (7m 143.7111 ' , -'.~ , , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA NO. 95-3978 CIVIL TERM IN CUSTODY DAVID E. CLAPPER, Plaintiff va. REBECCA CLAPPER, Defendant '" ,-,-, ,",'. . ...., ~:li~F';:;':-'~~.I.I<, ~,_ "r . ,t. ' ;"...,:... ,-;,,,-~ ~r '-'. ';'~YJ:: "~~?" , i;';//:''f,' '.' "'. '. ,;, -; i.-':;ic;<:~, -;i./ ,),.~..!;;':;~: ~!:~~:~~:,l.~:\~_'/:.. _. ,- ,,- ~f;~:-':-~,\;~,~;:'~::'r/': r '.'~ ,"< 'IHV^1ASIII/~oI . : Ul/qOQ p,lv1UJr..,OO ,,~~~.L",~~H~;)U~ 3/11 'JO "''>';' '011.10-0311.1 \';~;l6TrU ~sz " 0 ' AOI/ :-lif;~i;'{:~'_:;-f-: \' \ -~;:~~~)~:-~~;--_:<'- '. <r~i't:;I:- <:~~-l>;.~. ~ --<,;...,' .. ,n.",. ~; :i;,.;'~~-i;.,-::_ ;;;, 7~::_ J~f~~~;:.,; . , PLAINTIFF'S REQUEST FOI: PRODUCTION OF DOCUMENTS,:,,-,. AND THINGS ; ;,<';,~" , .,' Kayer and lrown'" , A Prof.1IlonII Corporation ' LIltrty Loll- .. E. LIbMY Ave.... c.~.,P.nna~~t701S (7t7) 243-7122 J j 1 1 ,}i 1 I .~ , .. CERTIFICATE OF SERVICE I hereby certify that a tme copy of the foregoing Plaintifrs Request for Production of Documents and lllings was served on Defendant's counsel. by First class mail, postage prepaid, by forwarding a true and correct copy unlo: Joan E, Carey, Esquire and Rebecca Clapper Legal Sen'lces, Inc, 8 In'lne Row Carlisle, PA 17013 Date: ~I /$/1< Jame J. 'Kay r, Es ulre Libe y Lofi f 4 Ea, Libeny Avenue Carlisle, PA 17013 (717) 243-7922 llMU j; -,' '. . Ul '" ~ W W .... Cl ....J <lJ ... "'- ., .".~ '" '" ;..;.;- "'", .". 0 <lJ tJ " "- Z ;:;: '.... "0 ?o'-' C ,9 "'0 a '" ... '" "'If') ~ ~ >.... Z~ W '.... 0 w. <(- ::t.:f- f-; ... .0. ;'';''In e 0 :>''''gj OZ:3 <lJ '" 0..-. e- 1:: ,- III III "'''m U::>O<:...J ~"" W <lJ U 0" 0 :Q~" O...J.... "'..... lJ..'" In_ 'CU ..J-' l.>-U :0- ~.J .... lJ....... .... :>.'" C n; '1Il't a I H ."..... ~... Cl " W"N Cl U .".'.... ...J c: ~ ClI ,9 't "- f-+ z;~ ~... U '" p: . ... III . "'.... ""~O<Xl ....J c: "0 OU CI) III =[1.- o ..... ::>...JH....;.. U,.... . c: u.. >o-Sl .,- a "'f-;O'Cl I1l ;:;: <lJ '" ClI e ..J- UWUMO ...... .... ;.--, ~.!!J coo<: , f-; WlJ.. ~ <lJ 0 . :lII::Q. 1::'" <( ",'" w;:;: '" Ul UCl ~~ ,gU :I:::>...JCl'::> Cl III U f-;lJ.. ..J f-;UH U H :;- W .... :0- , :0- co f-o Zl.>-HOZ oo'f. W W ~OUZH Cl '" to- .t, r-' '? r- . .. f$\ - ,.- . - l'-~l -, < ,. !'-' 1--':-' cf. . '.. ,~ "' 0-' , ,... ,. . ~s: - tfl J ,~ ~, .. r '.' ....'"::;- , ~, .~:\ DAVID E. CLAPPRR, Pllllntlff IN TilE COURT OF COMMON PLBAS OF v, CUMB~RLAND COUNTY, PENNSYLVANIA NO, 95-3978 CIVIL TERM REBECCA CLAPPER, Defllndant CUSTODY D.H1JlftDAnT~f1., P.RHTRLAI. HEHORANDUM L. IIMJiQ1lQ!JND Plaintiff, David B, Clapper, hereinafter referred to as the "father," 18 repreoonted by James Kayer, Kayer and Brown. The defendant, Rehocca Clapper, hereinafter referred to as the "mother," in reprenented by Joan Carey, Legal Services, Inc, The mother requests phynical and legal custody of the minor children, Matthew Robert Clapper and Sarah Grace Clapper, hereinafter referred to as the "minor children." Matthew wlln born on September 18, 1984, and Sarah was born on November 10, 1986, From birth until JUly 1995, the children lived with both parents in Carlisle, Pennsylvania. During that time the mother WIIS the primary caretaker of the children. In July 1995, the mother fled the marriage because the father had become mentally and physically abusive to her and the pllrties' relationship had deteriorated. The mother left the children in tho fllther's care only temporarily until she found a place to live, When the mother established a home in Carlisle and sought to bring her children to live with her, the father refused to allow the children to see their mother. On or ahout August 1, 1995, the mother and father met with their counsel IInd agreed to a schedule which provided for shared physical cuotody until further order after a conciliation conference could be scheduled. On August 3, 1995/ the father filed a Custody Complaint and a Conciliation Conference was scheduled for September 21, 1995, with Hubert Gilroy, On or about September 1, 1995/ the mother and father agreed to change the shared custody schedule which the parties had been following since early August because the earlier schedule was not accommodating the parties' needs. In mid-September 1995, the father's work schedule changed making the September agreement unworkable. The father refused to allow the mDther to exercise her periods of custody to which the parties had previously agreed. The mother proposed an alternate schedule which would maximize each parties' time with the children taking into account the father's new work schedule, The father continued to refused to allow the mother to exercise her periods of custody and refused to accept the mother's proposal. On September 21, 1995, a Conciliation Conference was held before Hubert X. Gilroy, the custody conciliator. The parties reached an interim agreement for shared custody of the minor children until the Custody Hearing and the conciliator recommended a Custody Order. On October 2, 1995/ an Order was issued for a Custody Hearing to be held on December 7, 1995, in which each party will be moving for physical custody of the minor children, This Order stipulated that the shared physical custody of minor children between the mother and the father with scheduled time intervals is to be continued until the Custody Hearing. Since the Concilintion Conference, the father has on several occasions rofused to allow the mother to have access to the children. When the mother was to have custody of the children, the boy frequently refused to go with his mother. The father has also disparaged the mother in the presence of the minor children alienating them from their mother. On or about October 24, 1995, the father filed a Discovery RllqUllst for Production of Documents and Things which was denied on November 27, 1995, by Honorable Edgar B, Bayley, In tho interest of insuring the minor children's well-being, tho mother is seeking custody of the minor children, Matthew Robllrt Clapper, and Sarah Grace Clapper. 11.. llW~ A. Whether the mother who has been the primary caretaker should be granted physical custody of the minor children. B. Whether it is in the best interests of the children to be in their mother's custody because the father's alienation of the children from the mother has adversely affected the children and is a basis to grant the mother physical custody of the children. ilL. WITNESSES A, Rebecca Clapper, the defendant, will testify to her relationship with the children and the care she has provided for them since their births. She will further testify to ~q.. DAVID E. CLAPPER, Plaint1ff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 3978 - CIVIL - 1995 REBECCA CLAPPER, Defendant . . . . :CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this ,;1/,,1 day of (1,'Iti'<1 , 1995, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing_is scheduled in the above case for the 7d. day of La,.,,'i}i'! , 1995, at I 'J<,' Ii M., at which time testimony will be taken. At this Hearing, the Father, David E. Clapper, shall be the moving party and shall proceed initially with testimony. Counsel for both parties shall file a Memorandum with the Court setting forth the history of custody in this case, the current issues before the Court, each party's position on these issues, a list of the witnesses that will be called to testify 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 Father, David E. Clapper, and the Mother, Rebecca Clapper, shall continue to enjoy shared legal and shared physical custody of Matthew Robert Clapper, born September 18, 1984, and Sarah Grace Clapper, born November 10, 1986. Physical custody shall be handled as follows: A. Mother shall have physical custody from September 22 after school until September 25 when she shall deliver the children to school. B. Father shall have custody from after school on September 25 through October 1 at 6 P.M. C. Starting October 1 at 6 P.M., the parties shall alternate physical custody on a week to week basis with the Mother having custody from October 1 at 6 P.M. until october 8 at 6 P.M. D. The non-custodial parent shall always enjoy a week night visitation with the children which, DAVID E. CLAPPER, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . v :NO. 3978 - CIVIL - 1995 . . REBECCA CLAPPER, Defendant . . :CIVIL ACTION - CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH 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 subjeot of this litigation is as follows: Matthew Robert Clapper, born September 18, 1984, and Sarah Graoe Clapper, born November 10, 1986. 2. A Conoiliation Conferenoe was held on September 21, 1995, with the following individuals in attendance: The Father, David E. Clapper, with his attorney, James Kayer, Esquire, and the Mother, Rebecca Clapper, with her attorney, Joan Carey, Esquire. 3. The parties have been separated since July. Essentially, the parties have had shared custody since July with a dispute as to the exact amount of time the ohildren have spent with each parent. The Mother moved out of the marital home. The Father is currently living in the marital home. The Father is seeking primary physical custody of the children. The Mother seeks the same. 4. The Father expresses some ooncerns with respect to the Mother's drug use. The Mother denies any drug use. Mother voices identical conoerns about the Father's behavior. 5. This is a situation where the parties are unable to reach an agreement and a Hearing is necessary. A Hearing should take no more than one day. 6. Husband's counsel sought to have Mother agree to a drug test. Mother refused at the Custody Conciliation. Husband's counsel may file a motion with the Court to direct mandatory drug testing in this particular case. conference could be scheduled, On August 3, 1995, the filther filed a Custody Complaint and a Conci]lation Conference was scheduled for September 21, 1995, with Hubert Gi]roy, On or i1bout September 1, ]995, the mother and father agreed to change tho shared custody schedule which the parties had been following since early August because the earlier schedule was not accommodating the parties' needs, In mid-September 1995, the father's work schedule changed making the September agreement unworkable. The father refused to allow the mother to exercise her periods of custody to which the parties had previously agreed. The mother proposed an alternate schedule which would maximize each parties' time with the children taking into account the father's new work schedule. The father continued to refused to allow the mother to exercise her periods of custody and refused to accept the mother's proposal. On September 21, 1995, a Conciliation Conference was held before Hubert X, Gilroy, the custody conciliator. The parties reached an interim agreement for shared custody of the minor children until the Custody Hearing and the conciliator recommended a Custody Order. On October 2, 1995, an Order was issued for a Custody Hearing to be held on December 7, 1995, in which each party will be moving for physical custody of the minor children. This Order stipulated that the shared physical custody of minor children between the mother and the father with scheduled time intervals is to be continued unti] the Custody Hearing, Since the Conciliation conference, the father haR on several occasions refused to allow the mother to have access to the children. When the mother was to have custody of the children, the boy frequently refused to go with his mother, The father has also disparaged the mother in the presence of the minor children alienating them from their mother, On or about October 24, 1995, the father filed a Discovery Request for Production of Documents and Things which was denied on November 27, 1995, by Honorable Edgar B, Bayley. In the interest of insuring the minor children's well-being, the mother is seeking custody of the minor children, Matthew Robert Clapper, and Sarah Grace Clapper, lL. ISSUES JJ!VOJ!VE~ A. Whether the mother who has been the primary caretaker should be granted physical custody of the minor children, B. Whether it is in the best interests of the children to be in their mother's custody because the father's alienation of tbe children from the mother has adversely affected the children and is a basis to grant the mother physical custody of the children. IlL. WITNESSES A. Rebecca Clapper, the defendant, will testify to her relationship with the children and the care she has provided for them since tbeir births, She will further testify to .! "' .' f ;1 i , . ~ r- [~ ". 0 i=-'.: M :::l.f" UjS~ 1.'.0-: WO, u:: ()~;; .J... . 1.,.- C.~~! Oi"\ G'" Cj ::."jn 'i'l, - .;.~ r:j Fl.:, c..: : ~11' ,:' -r~: t, J ,',;l~ L:- ~;-: ,.- '''' .;l U ...n ,-) -'-t: , Chrlstmas morning, The father will have the children from Christmas day through December 28, The mother will have the children every year from December 29 through December 31 and through New Year's Day every other year. 5, The part1es shall alternate the following holidays: New Year's Day, Easter, Memorial Day, Labor Day, and Thanksgiving, The mother shall have New Year's Day in 1996. 5, The mother shall have the right to see the children on their birthdays at a time to be agreed upon by the mother and father. 7, The mother shall have the children for two weeks in each of the summer months of June, July, and August, Every summer, the mother shall have the first two weeks of July, including the 4th of July holiday. The mother shall give the father two weeks notice as to when her June and August periods of summer custody will take place. 8. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until further order of court, 9. The mother and father shall notify each other of all medical care the children receive while in that parent's care. Each parent shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. 10. Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the DAVID E. CLAPPER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3978 CIVIL TERM v. REBECCA CLAPPER, Defendant CUSTODY 9~llS!iliL AGREEME/U This Agreement is entered on this .JJliJ_ day of.J:, "",lu:..-, 1995, by the plaintiff, David E. Clapper and the defendant, Rebecca Clapper. The plaintiff is represented by James Kayer of Kayer and Brown; the defendant is represented by Joan Carey of Legal Services, Inc. The defendant and the plaintiff agree to the entry of the following Custody Order regarding their children, Matthew Robert Clapper and Sarah Grace Clapper: 1. The parties will have shared legal custody of the children. 2. The plaintiff, David E. Clapper, hereinafter referred to as the father, will have primary physical custody of the chi ldren. 3. The defendant, Rebecca Clapper, hereinafter referred to as the mother, will have physical custody of the children, according to the following schedule: a. Three consecutive weekends out of every four from Friday after school until Sunday at 8:00 p.m. b. Every Wednesday evening from the time the children are released from school until Thursday morning when she will take the children to school. 4. The mother will have the children from after school on the day they begin their Christmas holidays until 10:00 a.m. on Christmas morning. The father will have the children from Christmas day through December 28. The mother will have the children every year from December 29 through December 31 and through New Year's Day every other year. 5. The parties will alternate the following holidays: New Year's Day, Easter, Memorial Day, Labor Day, and Thanksgiving. The mother will have New Year's Day in 1996. 6. The mother will have the right to see the children on their birthdays at a time to be agreed upon by the mother and father. 7. The mother will have the children for two weeks in each of the summer months of June, July, and August. Every summer, the mother will have the first two weeks of July, including the 4th of July holiday. The mother will give the father two weeks notice as to when her June and August periods of summer custody will take place. 8. The mother and father, by mutual agreement, may vary from this schedule at any time, but the Order will remain in effect until further order of court. 9. The mother and father will notify each other of all medical care the children receive while in that parent's care. Each parent will notify the other immediately of medical emergencies which arise while the children are in that parent's ;S ~ t k ' . ... IJ - , ..0 l.:a- .'" ~, IJ C"l ,n ? ,.'. <:;1 .' . , .- ':;, 'PI" :jJ r' l'''l~ , " :~; t:J {' ) ;.ljn - ,~~ I,,:.",,~ . . i:.:,,') .- '1.~. -.-, .-rl'e l_, .) -..r (" ") ..". 6hl -.11 ~..... t.J ~ .. .-., - :Ii C:J "