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Home My WebLink About03-3241NANCY CLARK, Plaintiff Vo CHARLES CLARK II, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY . : NO. 03- 3 3t ~t ~ CIVIL TERM COMPLAINT FOR CUSTODY The Plaintiff is Nancy Clark, residing at 1202 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Defendant is Charles Clark II, temporarily residing at 265 Young's Church Road, Shermansdale, Perry County, Pennsylvania, 17090. Plaintiff seeks custody of the following child: Name Present Residence Age Angela Marie Clark 1202 Louisa Lane 4 Mechanicsburg, PA (DOB 10/8/98) The child was not bom out of wedlock. The child is currently in the custody of Nancy Clark, who resides at 1202 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania. During the past 5 years, the child has resided with the following persons at the following addresses: Individuals (a) Charles and Nancy Clark (b) Address Date 501 Windy Hill Road 10/98-12/98 Shermansdale, PA Charles and Nancy Clark 6635 Stardust Lane Shawn Miller, Amy Barrett, Orlando, FL Tyler Miller, Shawn Miller 12/98-10/02 (c) Charles and Nancy Clark (d) Nancy Clark 1202 Louisa Lane Mechanicsburg, PA 1202 Louisa Lane Mechanicsburg, PA 10/02-7/8/03 7~8~03-present following persons: Name Angela Clark the following persons: Name Relationship Howard Clark Father's brother Jennifer Clark Father's sister-in-law Justin Clark Father's nephew Jonathan Clark Father's nephew Sabrina Clark Ex-wife 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. Plaintiffdoes not know ora person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff is best able to provide the care and nurturing which the child needs for healthy development; b) Plaintiffprovides the child with a home with adequate moral, emotional, and Relationship Daughter The relationship of defendant to child is Father. The defendant temporarily resides with The relationship ofplaintiffto child is Mother. The plaintiff currently resides with the 11. physical surroundings as required to meet the child's needs; c) Plaintiff has always been the child's primary caretaker. d) Plaintiff is willing to accept custody of the child; e) Plaintiff exercises parental duties and enjoys the love and affection of the child; 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. WHEREFORE, Plaintiff requests the Court to grant her sole legal and primary physical custody of the child. July 9, 2003 Lara Mammana Certified Legal Intern ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me tot he penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date Nadcy Clar~/Plarntiff JUL u9 003 NANCY CLARK, Plaintiff CHARLES CLARK II, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : : CIVIL ACTION - LAW : 1N CUSTODY : : NO. 03- 72 v'/ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Nancy Clark, 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 fi:ee legal service to the party. Respectfully Submitted, July 9, 2003 Certified Legal Intem ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attomeys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax- (717)243- 3639 NANCY CLARK, Plaintiff/Petitioner CHARLES CLARK II, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : : CIVIL ACTION - LAW : 1N CUSTODY : NO. 03- 32 ¥! CIVIL TERM PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA R.C.P. 1915.13 AND NOW, this 9th day of July, 2003, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Nancy Clark, by her attorneys, the Family Law Clinic, seeking emergency custody of her minor child, Angela Maria Clark, born October 8, 1998. Petitioner states the following in support of her Petition for Special Relief: 1. Plaintiff/Petitioner, Nancy Clark, is an adult individual who resides at 1202 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant/Respondent, Charles Clark II, is an adult individual who temporarilyresides at 265 Young's Church Road, Shermansdale, Perry County, Pennsylvania 17090. 3. The Petitioner is the biological mother (hereinafter "Mother) of the minor child, Angela Marie Clark (hereinafter "Angela), born 10/8/98. 4. The Respondent is the biological father (hereinafter "Father") of Angela. 5. Mother has this date filed a custody complaint to this docket number. 6. Mother and Father lived together'at 1202 Louisa Lane, Mechanicsburg, Cmnberiand County Pennsylvania since October of 2002, nnfil the night of July 8, 2003. 7. Mother has been the primary caretaker of Angela since birth. Mother feeds, bathes, dresses, and cares for the Angela as needed. 10. Il. On July 8, 2003, Father left the marital home, and informed Mother that he wanted to take Angela with him and his former wife to live temporarily with his brother and sister- in-law in Perry County, and then he plans to take Angela to Texas at the end of the month. Father and his family have been.making threats to harm Mother if she does not allow Angela to leave with Father. Because of these statements, Mother fears that Father will take Angela out of the Commonwealth of Pennsylvania, removing her from her settled home and primary caretaker, and impeding the on-going Mother-child relationship. Mother believes that it is in the best interest of Angela for Mother to have sole legal and primary physical custody of Angeh, and to prohibit Father from removing Angela from Cumberland or Perry Counties until ftalher Order of Court. WHEREFORE, Mother requests the Court to: (1) Issue an immediate order granting Mother sole legal and primary physical custody of Angela, subject to visitation by the Father as agreed by the parties and prohibiting Father from removing Angela from Cumberland or Perry Counties. (2) Schedule a hearing on this petition. (3) After said hearing, issue an order granting Mother sole legal and primary physical custody of Angela, subject to visitation by the Father as agreed by the parties, and prohibiting Father from removing the child from Cumberland or Perry Counties. July 9, 2003 Lara Mammana Certified Legal Intern ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax- (717)243- 3639 VERIFICATION I verify that the statements made in the foregoing complaint are tree and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me tot he penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. '""I -q -0.3 Date Nan~:y Clark, Plaintiff/Petitioner NANCY CLARK, PLAINTIFF/PETITIONER V. CHARLES CLARK, II, DEFENDANT/RESPONDENT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 03-3241 CIVIL TERM ORDER OF COURT day of July, 2003, this temporary order is AND NOW, this entered: (1) Nancy Clark shall have temporary physical custody of Angela Marie Clark, born October 8, 1998. (2) Nancy Clark and Charles Clark, II, shall have temporary legal custody of Angela. (3) The father shall have such periods of temporary physical custody with Angela as the parties agree. (4) Neither paren, t shall remove Angela from central Pennsylvania pending further order of court. (5) The complaint for custody is referred to conciliation. (6) If the father and mother cannot agree as to the father's periods of temporary physical custody pending a final order, the father shall seek a hearing for emergency relief. Edgar B. Bayley, J. Robert E. Rains, Esquire Lara Mammana Certified Legal Intern Family Law Clinic Charles Clark, II 265 Young's Church Road Shermansdale, PA 17090 Court Administrator :sal NANCY CLARK : PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3241 CIVIL ACTION LAW CHARLES CLARK, II : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, July 11, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, August 11, 2003 at 9:30 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 l~resent at the cont}rence. 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, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinll. FOR THE COURT, By: /s/ ]acqueline M. Verney. 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 ItAVE 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 NANCY CLARK, Plaintiff CHARLES CLARK II, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : NO. 03-3241 CIVIL TERM Praecipe to Dismiss Action To the Prothonotary: Please mark the above-captioned action dismissed. Thank you. Respectfully Submitted, Eara Mammana Certified Legal Intern ROBERT E. RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 NANCY CLARK, Plaintiff CHARLES CLARK II, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : NO. 03-3241 CIVIL TERM Certificate of Service I, Lara Mammana, Certified Legal Intern, hereby certify that I am serving a true and correct copy of the Praecipe to Dismiss this Action, via United States mail, First Class, postage prepaid, on the defendant, Charles Clark II, at 1202 Louisa Lane, Mechanicsburg, PA 17050. ~^~ Date Lara Mammana Certified Legal Intern ROBERT E. RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 AUG 1~D3 NANCY CLARK, Plaintiff V. CHARLES CLARK, II, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 2003-3241 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT. AND NOW, this 11th day of August, 2003, the parties having advised the Conciliator that they have reconciled, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THECOURT, ~cqu~ine M~Vern~y,~squire, Ct0tody Conciliator