Loading...
HomeMy WebLinkAbout95-04397 -,~; ~,:" 'Jr , .' - " .,.,,' ". 'I" " "I' "}- .', d; , ":.. .. .: '. - ;,;;' ~~,:, " , , ...,..: ,., <',! '... ,. ,'... ,,",~, . ,-,:.'i,.f .:,' ~~;~~~;::.~;", '; .,,; >;:" :: .' :.; ;;/;~; , .' ":;~:, '.'.":;, .: ,.;: ':' ,- ,,' ." '" ':, ':, '/' "',/';! ;:, '. ~:1::--; >, , :~~>:' .:' :~ o ~:;; . .~,-, :)~; " ,:g~:; i:? ~fi~:~(::~.~ ,~. -, " '>',~ ~~;~t:Y!' . ',..,: i:~~t:~ ,.,',..-:;"" ""'.';:'; . -7 .- . '.,'''. ~,; ,; '" ~ .J Q , ',.;:;:;, ',,' .;: ;"~ '{:r ';L; ,','. ", '.' .' ',)' " " ';, ,".', If~~~ " , .',/; '" ':c I;JA ..:. .,' ;)/ 7; '" ::1 ; >'C'~3 :,;; '\' ,c. >:: ~-1:' ,'E,~:~~ ~-~~-;~~ -';. ;,\ ;'t)/;,:, " .' , ...,. f ~ J 1 j : , I- I ] , 0' ! : cY) : - :t" I I l() I a- I , I . 0 -z. : :: /;~ ;.:, . ....:';L~\,. ".;:'..:'.. '_~',; i:'~22 ~:if " , ',:.c..c' ~.,:."-) ",,'. . . :::. .'>,':,.:,;:':'(" : .., .. ,," .:.? /':,;: ;.. ,u:";;~"--;_::':~.;~::s;;,~'e~~~ . .. ..,' ,': ,;,:. ,. ;. '~'~ ..';t.:;;[.:.:; .: '.': >\;' -:.-'~ -./~,: '::>,~->: ",;'.;'\':.;?,-:' "" ':-:\' ',:." /..-,::'..; .":, :.t,.:',..: ,:',. ,:,,'...,-.> ,.'-i.,,:.:" ';.' "- ';."x" '--: ____:.; .:.-':. .. '.cc.::.'/" i,'-' .. '.''-;:C:' .. i:';:~. i: \ ,>:'S:(:.;':",::.'.,. .':.i'",,';": ,., .. ~ . ."'" ,i.. .' .; ~'Y;5-"\;'~, }'::;i" .;: .... .::..:;;:.-,';'~: \,;:. .1~;l;t:'..;~ (;H~:;f~." ' . ',' "".,.... ','. T .' : >.' .:. :'~:~~:'4::;(:'>:;"",; ....::..', " .:; i;! . .::~,; !:;i;~',:..~::i:) :,,'::.:~:.i;:' ' . . i ,.' :'. .": ~;J~~~~'::~;~ . L', ..J.;,/,.",; C,<;., , ;'....co"::. :.:,.'.. ,:c. ;:.....;...:,.:'.:'..'-'.__"" . .. ,u."..i::;<,..::,.. :.....;;;.<,\:ii:..,:.,,:C.: . ....... ,'; i';',:' '; ;.".:,....., .,;. . ," :.,::,~{; .....::':..:;...,..../.,::.. '.. ...,.,:. .',< '.... ...-....: c.... ' ';',":i,: :'"'' "'.. .. . .,. ',',' . ';:' . ,," . ... . ..' . ".: "" . ';',/ . ';'i.;',:;':: i:: .. ' ... . 'i' ',":';}::: ". "-'... . '.,,","': . ..'. . '.. " . '(' . '. .. .:.',,' ' ... . .. , '.' ..... '<, ',.' , C':)' ...'; . ..: ", ..:;, . ~ G' U' ;. ",' .;. .',,,.. /:.. .l.,. . AUG i 1 '995 ~ . . . \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE E. CLITES, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY NO. 95- 'l3f) CIVIL TERM KEITH S. CLITES, Defendant AND NOW, this ORDER OF COURT <;) 15 t- day of August, 1995, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel shall appear before ~t '1_ ~ \roy f=1, the conciliator, at lit-\., {1aP..- C~M \. (i). ( 0"" h-()<~, on the I~ day of ~, 1995 at 10:3711. .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. All children age five or older A__ll/may also be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT, By: ~~(.f~~~j~& cu 0 y Conc~l or ~:Ol YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 AUG ZZ ~!g p<< \3% t ~. ,. f OF j..... ,.J'':.~ICr CUH',",::) IIWI/~T,\~t "~~:.- ,.hD C~l'/;l'r' [.1,\5"1.. V.~'ll~'l: t ~'.ao> .95 dzJ. ('b~ /11~ 7J,,4 #~ -ri'~ r;.)' 'J~ /11a:...tl/ ~ 1(1" . f'~.9J c.." ~/.~,. 71 ~7 ~ " ;~~Y'~~';\::. ~~ '~" " ~:1f' -n-,.", -, n " ",:_':. ..',.~ : ~\ ~'<~.,_.',. ';>.-'. ': . .. ~ '.'::.~; 'c.',"'.-', < "....-'.. . """, .- ~ " -.',"- '. ...~.i" .:0. :'~ ! ...,. I~ I ~! ~ ft; . ~ . i!1 . ~;\;'\ . ':',~~\ '. . 9' ';').-,;.;i;:i .',~~.~>::,,;: ',:,'<" ",,_: < qJ;(:Sif~ry~;,~ . . ., .".' ',. '~",~r di.1 ,~:~":~( :::',~;j.Ul:';~L,.. ;/;:~."." ~il.:~;: ~,::~'=, If::'t'II'Joy::~rl~ :N,. ~~~o~~. "L;,;;'lo'.j' . e ""~> .' ~'':'r( :,~~. ,;, #ii( cQ ... ~' ~ ~')";;:',{,i:.;.::. \~...'"'\.'=t1.o:H:. ) _,...... ", f;< ~..",'.' "t'ez""" ';I'l. "".~ ~'l' -, ~~""..."!.. . ".-! .. ~ ~.. '; ~ - '.;\ '-',' ~ ,- ,,~~ ~~1,\.. t:'!l.Ili.lj '~I'-"!:~:tt;~;~: i -'il'!' ~,~ j 'b-' '1 ~~ t. .,.., r,.,~ {: , t;~:~r\:::;; . ~ a " 1~~11' _ 'f'-" , , . ~ . - .,(..' . "',;,:' . :: ;i, )i;:i{ii.~ .:p', .:' ',-, .....~-3fif~tiG9~~~~-1~1 ., an., .,../.1,-.7."",,1"1"" ",A' '; \~!ii~~~J~~l . ,_ _"'F_..,'-'?-2:'.J,.ll:,.;i\,~..,,~).,~r ",-.~"<,._.,,. <'i,;,,'~~~~;,~~~~llk!~~r..,}~j~::flo::t1i<;'h'~J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE E. CLITES, Plaintiff . . . CIVIL ACTION - LAW . v. . IN CUSTODY . . . KEITH S. CLITES, . NO. 95- ~1d91 CIVIL TERM . Defendant . . NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER 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. Court Administrator Fourth Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTICI:A Le han demand ado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted de be presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por pedido en la peticion de demanda. sus propiendades 0 otros derechos cualguier queja 0 alivio que es Usted puede perder dinero 0 importantes para usted. LLEVE ESTA DEHANDAA UN ABOGADO IMHEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Fourth Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 HANFT & VOHS ,~ M chael J. H nft, Esqu re Attorney ID o. 57976 11 West Pomfret street, Suite 2 Carlisle, PA 17013 (717)249-5373 Attorney for Plaintiff . ,.-...-........~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE E. CLITES, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY KEITH s. CLITES, Defendant NO. 95-.lf.397 CIVIL TERM COMPLAINT FOR PRIMARY CUSTODY AND VISITATION AND NOW, this 16th day of August, 1995, comes Plaintiff, Danielle E. Clites, by and through her attorneys, HANFT & VOHS, and files the following Complaint for Primary Custody and Visitation and in support thereof avers as follows: 1. The Plaintiff is Danielle E. Clites, an adult individual residing at 840 West Old York Road, carlisle, Cumberland' County, Pennsylvania. 2. The Defendant is Keith S. Clites, an adult individual residing at 840 West Old York Road, Carlisle, cumberland County, Pennsylvania. 3. The Plaintiff seeks primary custody and visitation of the following bhild: ~ Present Residence ~ ALLISON ELIZABETH CLITES S40 West Old York Road Carlisle, PA 17013 Date Of Birth of Child: July 7, 1994 1 The child was not born out of wedlock. The child is presently in the primary physical and legal custody of Plaintiff. In addition to the child's present address, during the past five years, the child has resided with either Plaintiff or Defendant at the address listed above. The mother of the child is the Plaintiff, who resides at 840 West Old York Road, Carlisle, PA. She is married to Defendant but has filed a divorce action against Defendant. The father of the child is Defendant, who resides at 104 Third Street, Boiling Springs, PA. He is married to Plaintiff, but is the Defendant in a divorce action filed by Plaintiff. 4. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the child. 5. The relationship of the Defendant to the child is that of father. The Defendant currently resides with his father. 6. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or another court. The Plaintiff has no information of a custody proceeding concerning the custody of the child in this or any other court. The 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 interests and permanent welfare of the child will be served best by granting the relief requested because: a) The Plaintiff has had shared physical and legal custody of the child since the child's birth; b) The Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) The Plaintiff is, and has always been, willing to accept custody of the child; d) The Plaintiff continues to exercise parental duties and resP9nsibilities and enjoys the love and affection of the child; and e) The Plaintiff provides the child with a more stable and emotionally balanced home and home life than does the Defendant. 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. There are no .' other persons who are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff respectfully requests Your Honorable Court grant Plaintiff the primary physical and primary legal custody of the child, Allison Elizabeth Clites, with the Defendant receiving reasonable periods of temporary physical custody. Respectfully submitted, HANFT & VOHS H'&:::! jig,.. Attorney ID No. 57976 11 W. Pomfret street, suite 2 carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiff ... .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIELLE E. CLITES, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY NO. 95-4397 CIVIL TERM KEITH S. CLITES, Defendant CERTIPICATE OP SERVICE AND NOW, this 17th day of May, 1996, I, Michael J. Hanft, Esquire, hereby certify that the following person was served with a True and Correct copy of the Custody Complaint filed in the above-referenced matter. The Custody Complaint was mailed on September 21, 1995, but actual service took place on October 4, 1995 by Defendant signing for a copy of the custody Complaint which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage prepaid, addressed as follows: Keith S. clites 840 West Old York Road carlisle, PA 17013 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, HANFT & VOHS Mi~J.lI!.Uir. Attorney ID No. 57976 11 West Pomfret Street, suite 2 Carlisle, PA 17013 (717) 249-5373 . - . , !: ,:::>FJ'-~'::i~'-<"><;<' -.'. '-:"',""'; \tf._~londlOf2tOf--"""'" oi \ I'.; COmllloII- 2, "'" .. U. . . i C~5~==:!=::~::::::: ~,..._not ,*"",1' ,I . W..._.........---"""l!lo.....................-- 2; llII R;..il/c,i*! olllye,y . Ii . 1lIo_.........w.ohowto_......-W.._""'l!lodoto . "', . 1 ._. Conault .unut.r fOf foo. : \.. 3, AnIcl. Addr..oed to: 4., AnIcl. Number . .... Mr. Keith s. Clites Z 221 291 214 : [ 4b, S.rvlce Typo , 840 West Old York Road 0 Regl.tered 0 In.ured : Iii! Certified 0 coo : carlisle, PA 17013 0 Expr_ M.II 0 R.tum Rocolpl for , 1 7. Date af Delivery &, Slgnotu..lAdd......1 I ..... wllh 10 roc.I.. l/1O: . following oorvIc.' lfor .. .KII. I fool:. . 1, 0 Addr.....'. Addr... .' 'I I f ! I ootedj -=- I I e, SIgnotUf. lAgontl : Ips Fonn . O.cember 1881 ,.I . ~"'CII'O:l~1lO \\ ' DOMESTIC RETURN RECEIPT -. i r,_' l:.... .' l I.!' C I ~ . I l. . ( l. l " . rJ i.._ -' , I I . , . l e ~ .' .. .. {I 7 i.q;lfiPl' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AGREEMENT THIS AGREEMENT, made this 301lf day of May 1996, by and between Keith S. Clites, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband," and Danielle E. clites, of Cumberland county, Pennsylvania, party of the second part, hereinafter referred to as "Wife," or collectively referred to as "the Parties." WHEREAS, Husband and Wife desire to provide for the custody and support of their one child, Ailison Elizabeth Clites, born on the 7th of July 1994, hereinafter referred to as "Allison"; NOW, THEREFORE, the Parties, in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: c.."..........u.~n'n1JDy~ 1 1. The Parties agree to shared legal and physical custody of Allison. Except as provided hereinbelow, and unless otherwise agreed by the Parties, Wife shall have primary physical custody of Allison, subject to Husband's periods of custody and visitation. Neither Party shall move his or her residence from Cumberland County, Pennsylvania, without first giving sixty (60) days' notice to the other Party. At that time, either Party can petition the Court of Common Pleas of Cumberland county, Pennsylvania for modification of custody, if necessary. Each Party shall be responsible for the day-to-day decisions while he or she has custody of Allison. Neither Party has the right to make a unilateral decision regarding medical treatment (other than emergency treatment). It is agreed between the Parties that any decisions regarding medical treatment (other than emergency treatment) to be rendered to Allison will be made jointly. 2. Each party agrees to keep the other apprised of any and all matters relating to Allison's health, education, welfare, and activities. 3. Unless otherwise agreed to by the Parties, the following custody/visitation schedule for Allison shall apply: ("'MIl"....., '-''''MUlC'ft'llTUOlSTlIOT AQI 2 a. Wee~ends. On alternating weekends, Husband shall have custody of Allison from Friday at 7:00 p.m. until sunday at 7:00 p.m. b. Holidays. i. Than~sgiving--The Parties agree to alternate custody of Allison on an annual basis for Thanksgiving. Husband shall have custody of Allison beginning at 6:00 p.m. on the Wednesday before Thanksgiving Day, 1997 through 3:00 p.m. on Thanksgiving Day, 1997 (hereinafter "Thanksgiving") and on Thanksgiving every odd year thereafter. Wife shall have custody of Allison on Thanksgiving, 1996 and on Thanksgiving every even year thereafter. ii. Christmas--The Parties agree to alternate custody of Allison on an annual basis for Christmas. Wife shall have custody of Allison from 6:00 p.m. Christmas Eve, 1997 through 3:00 p.m. on Christmas Day, 1997 (hereinafter "Christmas") and on Christmas every odd year thereafter. Husband shall have custody of Allison on Christmas, 1996 and on Christmas every even year thereafter. iii. other holidays. -The Parties agree to alternate custody of Allison on an annual basis for the following other holidays each year: New Year's Day, Martin Luther King Day, Presidents' Day, Easter, Memorial Day, Allison's birthday, Independence Day, Labor Day, Columbus Day and Veterans' Day; with respect to this clause, a "Monday holiday" (holiday "observed") if any, is referred to, if it differs from the traditional date, rwm..ua., u,WUVUln"rt.nU'O,tntJT AlA 3 and, in the case of a Friday or Monday holiday on which Allison does not have school, and which immediately precedes or immediately follows a weekend on which said Party has custody, then the Friday holiday shall include the night between Friday and the weekend, and the Monday holiday shall include the night between the weekend and Monday. Once a schedule is established for any particular holiday, custody of Allison shall alternate between Husband and Wife ev~ry year according to that same schedule. iv. Miscellaneous holidays. a. The Parties hereto agree that they will cooperate and be as flexible as possible with regard to custody of Allison for any holiday or extended vacation period. In the event that any holiday discussed in this section or these Agreement falls on a weekend or evening visitation of the Party not having primary physical custody of Allison, then the holiday schedule will take precedence over the normal custody schedule. b. Wife shall have custody of the Allison on every Mother's Day from 8:00 p.m. the day before Mother's Day until 8:00 p.m. Mother's Day. Husband shall have custody of Allison on every Father's Day from 8:00 p.m. the day before Father's Day until 8:00 p.m. Father's Day. c. Husband and Wife shall discuss and agree on a custody schedule for Allison at least two (2) weeks prior to any holiday not specifically mentioned in the Agreement. Once a schedule is established for any particular holiday not C""""AMllflAWDr\WC'f'C\.lTlSa:1100t Ma 4 . specifically discussed in this agreement, custody of Allison shall alternate between Husband and Wife every year according to that same schedule. d. It is the intent of the Parties that transportation of Allison between parents for all purposes, but especially custody purposes, shall be as flexible and accommodating as possible. For these purposes, the Parties agree to meet as close to half way as possible to accommodate the custody schedule. It is recognized that transportation will obviously be dependent upon each party's personal circumstances and employment. e. The Parties may agree to modify this schedule without the necessity of a Court Order, It is specifically agreed between the Parties that visitation shall be as reasonable, liberal and frequent as possible, The periods outlined above are to take effect if the Parties can not agree as to a particular custody schedule. 4. The Parties hereby agree that as long.as there is no cost involved, both Husband and Wife shall carry Allison on their respective health insurance coverage as long as Allison is eligible for said coverage. If and when health insurance becomes an out of pocket expense for either Party, the Parties will equally share the costs of providing Allison with coverage similar to what she currently has as of the date of this Agreement. c.....,.,.,..uaz.yLAw~rt'<1mh"l'lTOO'Alil 5 a. The Parties agree that they will equally share in any unreimbursed medical expenses incurred for the care of Allison pursuant to subsection (d) above. 5. The Parties agree to equally share all costs of child care paid for by the Party exercising primary custody of Allison , for purposes of maintaining his or her employment. As of the date of this Agreement, any babysitter, governess or nanny, who may by law be deemed to be an "employee" shall be solely the employee of the Party having primary physical custody, notwithstanding the fact that the other Party may contribute to his or her compensation. 6. If and when the Parties begin filing separate income tax returns, it is agreed that the Party having primary physical custody for a majority of a particular calendar year may claim Allison as his or her dependent for that particular income tax year. IN WITNESS WHEREOF, the Parties have set their hands and seals the day and year first above written. WITNESSED BY: ~ a1~D ~~ .o~OD' ~O.L::tuUSEAL) Danielle E, Cl tes (SEAL) '1o..~. Y"h Ch~Q.;.\- \ c...............ylA....lltWlIn'f:lmsc:'l..'ulJy... 6 ">- ro. L< co: ~:- ~] .::-: HI', { J" ,- < . (1-. ~ -.; ,-~-j LO. ()~ '. c, : .- "- i~_l I r. II I' /. _.It. I- :W L:, <. '"," I, e.:. I'. \.n :, U c;, U t'".' o. .' .