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Home My WebLink About99-07348 (2)''-S ?Z v 1 ;I ?3 ?' :?? .? t '? ?./ n: <? , `. DIANA CLARK, IN 'TI-IL' COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KENNETH CLARK, Defendant NO. 99-7348 CIVIL TERM ORDER OF COURT AND NOW, this 25°i day of July, 2003, upon consideration of Plaintiff's Petition for Emergency Relief, a hearing is scheduled for Friday, August 22, 2003, at 11:00 a. m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. PENDING THE above-scheduled hearing, primary physical custody shall be in the mother, Diana Clark, and temporary partial physical custody shall be in the father, Kenneth Clark, as such times as the parties mutually agree. Aarl E. Rominger, Esq. 155 S. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff u/Kenneth Clark 457 N. Pitt Street Carlisle, PA 17013 Defendant, Pro Se ' l RKS 0?-a5-cap :rc BY THE COURT, N u M K ? 3 O 3 ; Z O v Q ? 0 u) W > w@ U w u O N r6 ' 4 C 6 W 3 wE ? o ? Q FA' o J } °. O v? NN u Nr, tn o i s 155 SOUTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 e ..r ?i 11011INCCft & 13AYLEY LA tV 6x-rcES )III iR7.? ?••' 717.241.6070 • 800.734.2132 • PAX; 717.241.6878 Ia%v@romingcrlaw.com ADVOCACY - ADVICE - ANSWERS www.romingcrlaw.com DIANA CLARK, Plaintiff V. KENNETH CLARK, Defendant ORDER OF COURT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7348 CIVIL TERM IN CUSTODY day of 2003, upon consideration of Petitioner's Petition for Emergency Relief, it is hereby ordered and decreed that temporary primary physical custody of the parties' minor children, Samantha Clark, DOB 9/10/86, and Nicole Clark, 9/9/88, shall be with mother pending scheduling of a conference, hearing, or trial on the matter. BY THE COURT: J. I ICI Distribution: Karl E. Rominger, Esquire Kenneth Clark/Respondent DIANA CLARK, Plaintiff V. KENNETH CLARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7348 CIVIL TERM IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner. Diana Clark, by and through her attorney, Karl E. Rominger, Esquire, and avers the following in support of this Petition for Emergency Relief: 1. The Petitioner, Diana Clark, is an adult individual who currently resides at R.D. 3, Box 372, New Alexandria, Pennsylvania 15670. 2. The Respondent, Kenneth Clark, is an adult individual who currently resides at 457 N. Pitt Street, Carlisle, Pennsylvania 17013. 3. There are two dependent children of the parties, namely Samantha Clark, DOB 9/10/86, and Nicole Clark, DOB 9/9/88. 4. Petitioner seeks primary of the following children: Name Present Residence Ace Samantha Clark 457 N. Pitt St., Carlisle, PA 16 Nicole Clark 457 N. Pitt St., Carlisle, PA 14 The children were not born out of wedlock The children are currently residing with Kevin and Tammy Reiff, a half-brother of Respondent at 790 Butternut Road, York, PA. Since the date of the last custody order entered on April 9, 2001, at the above docket, the children have resided with the following persons and at the following address: Name Address Dates Kenneth Clark 457 N. Pitt St., Carlisle, PA March 6, 2000 - present The mother of the children is Plaintiff, currently residing at R.D. 3, Box 372, New Alexandria, PA 15670 The father of the children is Respondent, currently residing at 457 N. Pitt St., Carlisle, PA 17013. 5. The relationship of the Petitioner to the children is that of natural mother. The Petitioner currently resides with the following person: John P. Davis, finance. The relationship of the Respondent to the children is that of natural father. To Petitioner's knowledge, father currently resides with the following persons: Bonnie Clark, his wife, Samantha Clark, daughter, Nicole Clark, daughter. 6. There is currently a Court Order: yes 7. Petitioner does not know of a person not a party to the proceedings who has physical custody of any of the children or claims to have physical custody or visitation rights with respect to the children. 8. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) Petitioner is the natural mother of the children; (b) Petitioner has established a relationship with the children; (c) Petitioner desires to continue exercising parental duties and enjoys the love and affection of the children; (d) The children should be permitted to enjoy the love, affection, and emotional support which can be provided by their natural mother. (e) The children would benefit from custody being transferred to their natural mother because of the current situation, which is explained in detail in paragraph I I below. 9. 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. No other persons are known to have or claim a right to custody or visitation of the children to be given notice of the pendency of this action and the right to intervene. PETITION FOR EMERGENCY RELIEF - REQUEST FOR ORDER FOR TEMPORARY PRIMARY PHYSICAL CUSTODY 10. Paragraphs one (1) through (9) are hereby incorporated be reference as though fully set forth. 11. Petitioner believes the children will suffer needless irreparable harm and may be in danger if custody is not immediately temporarily transferred to her for the following reasons: (a) There is a criminal complaint currently lodged against the Respondent by his daughter, Samantha Clark. (Attached as Exhibit "A") (b) The Cumberland County Children and Youth Services are currently investigating alleged child abuse by the father. Tonya Hockley has been assigned as caseworker to the case and may be contacted at 717-240-6120. (c) The children are currently residing with Kevin and Tammy Reiff, a half-brother of Respondent at 790 Butternut Road, York, PA. (d) The children have indicated to mother that they will run away if they are to be returned to the father. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Emergency Order granting her primary physical custody of her children pending the scheduling of a conference or hearing on the matters alleged herein. Respectfully submitted Karl E. Rominger, Esquire Attorney for Defendant 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 81924 Dated: 7/25/03 I ` VERIFICATION 1, Diana Clark hereby verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 7/25/03 1 411tt ? 14 (.k Diana ark DIANA CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-7348 CIVIL TERM KENNETH CLARK, Defendant IN CUSTODY CERTIFICATE OF SERVICE 1, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Pelition for Emergency Relief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Kenneth Clark 457 N. Pitt Street Carlisle, PA 17013 Karl E. Rominger, Esquire Attorney for Plaintiff Dated: 7/25/03 ??t..:t .rl;tof U DIANA CLARK, Plaintiff VS. KENNETH CLARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7348 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this -I-E- day of r 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior order of this Court dated March 6, 2000 shall continue in effect as modified by this order. of schoolcustody 2. During thensummer fischool break, the Mother rst Satu day after t e e shall through on Samantha beginning the last Saturday before the new school year resumes. The summer custody schedule set forth for Nicole in the March 6, 2000 Order shal continue in effect as adjusted to accommodate Nicole's summer camp arrangements and also as adjusted, if necessary, by recommendation of the Child's counselor, Michael Rodriquez, to serve the Child's best interest. 3. The mother shall have custody of the Children from Wednesday, April 11, 2001 through Monday, April 16, 2001. For this period of custody, ation at the parties shall exchange custody at the Carlisle Police Station back 00 p.m. The Mother shall purchase a bus ticket for transport and the Father shall Pennsylvania at the end of the period the bus??fare on or before April reimburse the Mother for the full amount of of 30, 2001. 4. For all exchanges of custody subsequent to the April period of custody in the preceding paragraph, the Father shall purchase bus tickets for transportation of the Children both ways between the Father's residence and Pittsburgh and the Mother shall be responsible to provide transportation for the Children both ways between the Mother's residence and Pittsburgh. 5. 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. E copy FR ,',•• RECORD BY THE COURT, In 7e ..c I hc•o :, Ia s:, my haro a° :. crt Carliz!e, Pa. 7 ui.../..1P. /2.,.., Edgar Bayley, J. ?2eee.. R (?(J .. cc: Karl gSp}gg?,, ire - Counsel for Mother Robert L. , quire - Counsel for Father y DANA CLARK, : lr rJ ?^6Oltbr' OF :';t;r, (0011 PLEAS OF PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA V. - KENNETH CL'%RK, DEFENDAN1 9:+-i 143 CIVIL. TE(•NI ?N nit : cu,srODY ORDER CFCQURT AND rlCi±^/, ;his .--day of March. 2000, IT IS ORE)ERED; (1) Diana Clark and Kenneth Clark shall have Joint legal cuslodv of S>:nlaritha Clark, born Septarnber 10, 1985, and Nicol: C!ar'r., born Septeriber 9: 19813 (2) The petition of the mother to move Samantna and hlico!e to La,Iranye. Oh:o, IS DENIED. (3) The father shall have primary physical custody of ?5ajlnantha and Nicole. (4) The mother shall have temporary physical custody as fuL'c;es: (a) During each summer for a four week con!:nucas pen?;d starting on the fi: ,t Sstur3ay after the school year ends. Then after a taro weed: conlinuous period with the father, Ina mother shall have another three week continuous period. (b) F rum after school on the 4odnesday before Thanksgiv:rg th:au:,t- •• day Lefo:e school begins. (c) From each Decsmber 26" through the last day I ref i; beglr. (Cis From the end of school on the day oefore ;alion i i starts throw, h the; day bE ors it c nJ (e). In this a! a from a•ri Fruay' evr..rling thr".911:i;cr'J'y c:o!'irg Monday B'r't n!ng !f P:lOr:c!a•y is s hcliday that the rrotl:er is vi !Lng. ($) The per, ss sh2i; share tramprliatl;:,n for all such F iods of ;amporir, i physical custody and cooperate in advance in making suet: alr rngnlnenis. Unles othenv.is? agreed the exclianges for custody when (ha. ci i;9rerl 'dish t".air lrotY;er ir; able shall take place _+t Exit u of tile P,?rnsybiai? a Turnpike at t !r hrae:i!!c: ? rc) T!,.e tat, er shall insura Chai the children are in co?l3a v:`ith t"elr mother by telephone-: c,t !east t:vo times per week, and he shall co.cperale: vr!h !: e !nether ir, setrnp the tunes for these calls. I'le shall not monitor the calls. i;, Sa solha Pscd tr' ?'6 to (? j The father sh2!I ilnmecfiately Svr lJ:'e GGUn 3E !r!CJ t supoo: t them being better able to ad,•ust to their parents' sapar •tion alxl any issues deemed :;ppropnaie by tl•le counselor. Jarn_s J. i<ayer, Esquire For the tviolhel By the Court. Edgar d. [iayiiy, J. 'rho!;:as S. Gehl, Esquire For the Father :rail -51 ?? ja 'i).IC tt?? COMMONWEAL I ti UV relvrva r wn.v.' COUNTY OF•CUM6ERLAND. 09201 Mn; Din. No.: DJ Name: Non. PAULA P CORREAL Addrau. 1 COURTHOUSE SQ CARLISLE PA 17013 Tolemaae: 717 240 6564 AKA: KENNETH CLARK K CLARK Regtslrallon Number Annual Sicker Number CRIMINAL-COMPLAIN I ANu PROBABLE CAUSE AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA DEFENDANT: VS. NAME and ADDRESS KENNETH DERWIN CLARK 457 N PITT ST CARLISLE PA 17013 0000 00 Docket No.: Date Filed: OTN: L I t1 a1 -11'9- a OLN Number SID Number 14222430 2003 R.S.A.: WM 41 D.O.B.: ORI NO.: PA0210200 CAR S.S.#: District Attorney's Office - Approved -Disapproved because: (The District Attorney may require that the complaint, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth prior to filing. Pa.R.Cr.P. 107.) When the afriant Is not a police officer as defined In Rule 51(C) and the offense(s) charged Include(sj a misdemeanor or felony which does not Involve a clear and present danger to any person or the community, the complaint shall be submitted to the attorney for the Commonwealth, who ,shall approve or disapprove without unreasonable delay). (laa0e Dale) gnawo I, (NameolAflanl) PO DANIEL J FREEDMAN BADGE 29 of CARLISLE PD residing at 53 WEST SOUTH ST CARLISLE PA 17013 do hereby state: (check appropriate area) 1. % 1 accuse the above named defendant, who lives at the address set forth above or, I accuse an individual whose name is unknown to me but who is described as I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at; CARLISLE 457 N PITT ST CARLISLE (Place-PomulsubdiWrbn) in (County) CUMBERLAND on or about 07 21 2003 1546 HRS Participants were: (if there were participants place their names here, repeating name of above defendant) 2. The acts committed by the accused were: (Set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. Neither the evidence nor the statute allegedly violated need be cited, nor shall a citation of the statute allegedly violated, by Itself, be sufficient. In a summary case, set forth a citation of the specific section and sub-section of the statute or ordinance allegedly violated). ** HARASSMENT - PHYSICALLY STRIKE, ETC CTS DID WITH INTENT TO HARASS, ANNOY OR ALARM ANOTHER STRIKE, SHOVE,KICK OR OTHERWISE SUBJECT ANOTHER PERSON TO PHYSICAL CONTACT OR ATTEMPT OR THREATEN TO DO THE SAME. TO WIT: HE ALLEGEDLY STRUCK THE VICTIM SEVERAL copy: Dlstdctiuslice Defendant Return of Service Police 4r87wp CARLISLE PD PROBABLE CAUSE'AFFIDAVIT . ..T NUMBER: 20030701001 CAR DATE: 07/21/2003 OTN: PG 1 ,(GE (S) : #CTS 18 2709 Al HARASSMENT - PHYSICALLY STRIKE, ETC 1 18 2701 Al SIMPLE ASSLT - ATTEMPT TO OR CAUSE BODILY INJU 1 18 2701 A3 SIMPLE ASSLT-FEAR OF BODILY INJ BY PHYSICAL ME 1 COMMONWEALTH VS KENNETH DERWIN CLARK INFORMATION: SAMANTHA CLARK ALLEGES THAT HER FATHER, THE DEFENDANT, STRUCK HER NUMEROUS TIMES DURING AN ARGUMENT BETWEEN THE TWO OF THEM. SAMANTHA CLARK REPORTED TO POLICE THAT ON MONDAY 7/21/03 AT APPROX 1510 HRS SHE WAS STRUCK BY HER FATHER. SAMANTHA SAYS THAT SHE WAS HIT IN THE FACE, RIBS AND BACK. THERE WERE VISIBLE SIGNS THAT SHE HAD BEEN STRUCK IN THE FACE. HER FACE WAS RED AND SLIGHTLY SWOLLEN. PHOTOS WERE TAKEN OF THE INJURY. PURSUANT TO DEPARTMENT POLICY AND DOMESTIC VIOLENCE LAWS, KENNETH CLARK WAS ARRESTED FOR SIMPLE ASSAULT AND HARASSMENT, I ASK THAT A WARRANT OF ARREST BE ISSUED AND THAT THE ACCUSED BE REQUIRED TO ANSWER THE CHARGE (S) I HAVE MADE IN THE ABOVE AFFIDAVIT. ! I SWEAR TO, OR AFFIRM, THE WITHIN AFFIDAVIT UPON MY KNOWN E, INFORMATION L'tt AND BELIEF, AND SIGN IT ON BEFORE WHOSE OFFI S T T 0 SIGNATURE & SEAL OF DISTRICT JUSTICE SIGNATURE OF AFFIANT PRINT 2 COPIES - DISTRICT JUSTICE 1 COPY - BUREAU OF POLICE 1 r o i, v - (J DIANA CLARK, Plaintiff Vs. KENNETH CLARK, Defendant IN THE OOURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA N0. 99-7348 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ?. Q day of t r 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior order of this court dated March 6, 2000 shall continue in effect as modified by this order. 2. During the summer school break, the mother shall have custody of Samantha beginning on the first Saturday after the end of school through the last Saturday before the new school year resumes. The summer custody schedule set forth for Nicole in the March 6, 2000 Order shall continue in effect as adjusted to accommodate Nicole's summer camp arrangements and also as adjusted, if necessary, by recommendation of the Child's counselor, Michael Rodriquez, to serve the Child's best interest. 3. The Mother shall have custody of the Children from Wednesday, April 11, 2001 through Monday, April 16, 2001. For this period of custody, the parties shall exchange custody at the Carlisle Police Station at 5:00 p.m. The Mother shall purchase a bus ticket for transportation back to Pennsylvania at the end of the period of custody and the Father shall reimburse the Mother for the full amount of the bus fare on or before April 30, 2001. 4. For all exchanges of custody subsequent to the April period of custody in the preceding paragraph, the Father shall purchase bus tickets for transportation of the Children both ways between the Father's residence and Pittsburgh and the Mother shall be responsible to provide transportation for the Children both ways between the Mother's residence and Pittsburgh. 5. This Order is entered pursuant to an agreement of the parties at a custody Conciliation Conference. The parties may mod'fy the provisions of this order by mutual consent. In the absence of mu? consent, the terms of this Order shall control. BY THE Edgar B. yley, 'z J• cc: Karl E. Rominger, Esquire - Counsel for Mother Robert L. O'Brien, Esquire - Counsel for Father \ DIANA CLARK, Plaintiff VS. KENNETH CLARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7348 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY OUST= CONCILIATION E!IMARY REPORT IN ACCORDANCE WITH cumBFRLAND Loam 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 Samantha Clark September 10, 1986 Father Nicole Clark September 9, 1988 Father 2. A Conciliation Conference was held on April 11, 2001, with the following individuals in attendance: The Mother, Diana Clark, with her counsel, Karl E. Rominger, Esquire, and the Father, Kenneth Clark, with his counsel, Robert L. O'Brien, Esquire. 3. The parties agreed to entry of an order in the form as attached. - ' `'` 14 Leo l L k -ogow Date Dawn S. Sunday, Esquire?- Custody Conciliator m o C,j c u N ^ ? 0 LL > c °0 v) R a as _C o c pp p r ? ?o U9 7 In N r Y t U r n n a 'jZZ c 6? r cua ccr6 155 South Hanover Street r":K ? 1i7??I[ Carlisle, Pennsylvania, 17013 1 North Main S reet 717.241.6070 • 800.734.0440 • FAX: 717.241.6878 Chambersburg, Pennsylvania 17201 wwwwmingeecw.com • Iawemminge,iaw,com DIANA CLARK PLAINTIFF V. KENNETH CLARK DEFENDANT 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 99-7348 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, March 12, 2001 , 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, Mechanicsburg, PA 17055 on Wednesday, April 11, 2001 at 12:30 in. 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. FOR THE COURT, By: /s/ Dawn S. Sunday Esq,17i 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 /CT 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 IIELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TARY 0i i riR 15 1'li I: L8 .3 ?s of 3 /S•Or Vote, rte/ Z ? P*? ?4l ??, DIANA CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. No. 99-7348 CIVIL TERM KENNETH CLARK, Defendant IN CUSTODY ORDER OF COURT AND NOW, 2001, upon consideration of the attached Petition to Modify Custody, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of 2001 , at dclock, _.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 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: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans 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 (tearing. 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 Cumberland County Court House, Fourth Floor Carlisle, PA 17013 (717) 240-6200 DIANA CLARK, Plaintiff v. IN TFIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7348 CIVIL TERM KENNETH CLARK, Defendant IN CUSTODY PETITION TO MODIFY CUSTODY 1 Petitioner is DIANA CLARK, who resides at 8105 Seasons, Streetsboro, Ohio 44241. 2 3 4. Respondent is KENNETH CLARK, who resides at 457 N. Pitt Steet, Carlisle, Cumberland County, Pennsylvania 17013. The Honorable Edgar B. Bayley entered the March 6, 2000, Custody Order attached hereto as Exhibit A. Since the entry of said Order, there has been a significant change in circumstances in that: (a) The parties are having a hard time getting along. (b) The father who has physical custody of the children is not fostering the relationship with the mother. (c) Samantha, 14 years of age, has expressed a desire to live with the mother. (d) The mother is the most fit caregiver for the child. 5. The best interests of the child will be served by the Court in modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the custody Order as follows: Primary physical custody in the mother with visitation in the father, schedule to be negotiated between the parties. Date: February 23, 2001 n Diana Clark, Petitioner Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court 1D # 81924 Attorney for VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. cons. Stat. § 4904 relating to unswom falsification to authorities. Date: February 23, 2001 Diana Clark, Petitioner DII5.5.00 tNJrr r cam' I.,l•,?oN r,LL-""S OF PENI'.SY'-V,•'ANIA DIANA CLARK' CUMGI?RU,NCt COUNT"'. PLAINTIFF KEN` 571-1 11 ikl<- je,8, CIVIL TERRIA DEFENDANT ih7 R?..__C1J5:TClD'f . ORDER QF-r?Q-URT AND PdfAN. tf;is __ _~_daY of Marrh. 2000, 17 IS OkLL-RED: (1) Diana Clark and Kenneth Clark sha{i have )cant legal cus•.edy t,! '.r' c;nlha Clark, born September 10. 1986, and f^licoje Ciar'r., born Septerr;bel 9: 1'.$5 (2) The petition of the mother to move 5amantna and hlicote to Laclralnse, Of ro' Is DENIED. (3) The father sha lt have p rimary physical custody of Sa n'-antua and Ninc,le. (4) The rmuther steal{ have temporary physics{ custody as fullvNS: (a) During each summer for a four week contanic"s Pend starting on the fimt C-FWrday after the schoo! year ends. I lien aFer a taro weal; c•mtinuous period with the father, the mother shalt have another three vre.3 ?. car t{nuous period. (h; ram after school on the ;'Aidnesday b-fOre I hank:Sgw:;+9 till %)U`':.. . flay L?fn;c ScLcal uayins. (c) From each 1]ecz?mher 2.3 ' throUyh the last day L"A'j; •: ?hCOi baq;- (ci, Front the end of school on the day oefnrc =. .:+,afllJn .:I, ?f civil. '1 t t't;dl t\ starla Ohrok!jh the day bufore it en:.is. (e). In tfrs al ;a from cry 1:jway evariing thrcu;ah riur:day ev;rirg 'a vl;aing. M011,flay Y'r"_r,inrJ. It Mora!ay is a hctld^ay that tae n-011•ler I's e0 r3? (5) The pari •s shaii sh :e tren_poitati:?n for all such p :ip7S cf te:mporar, ?_ 'rf custo-l and COOPer'ate in adval?ce in rliaking 5UCh arr" , k"T:enls, Unless . . physl.a y • ',otherwise agreeC the exchanges for custody when the children vi>it t".air mother lr, Ohic shall tale place _d Exit 6 of the N _ cnsytyan,a T urnpika at !:!4r+1:1i :IiIL, t3) ",..e fatter shall insure Ciat"le children sre in conta?, with t+,eif mothet by telephone at !east two limes per week, and he shall co„ perate: vrlh !-!a mot.h'.r in setting the tines for these calls. He shal! not monitor the Calls. n +l atis?tl'1i, v, T.d fa:6fl to (?j The father st+a!I immeJiat°.•y secu: CGunssiing for suppo t thorn Leing better able to ad;ust to their pateccts' Separation and arty r issues deemed ij,,propnaie by tt•re ccunselur. E3y the Cc+urt. :- ? E+.ic18r B. Bayik, J. Jams J. i<ayer, esquire Fnr the Mothei i'homas S. Diehl, Fsyuire Fcrtite Father :.i)3 !~+ . :.1 ?+ FJ ?f l: •` 1 l 1 DIANA CLARK, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH CLARK, DEFENDANT 99-7348 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this day of March, 2000, IT IS ORDERED: (1) Diana Clark and Kenneth Clark shall have joint legal custody of Samantha Clark, born September 10, 1986, and Nicole Clark, born September 9, 1988. (2) The petition of the mother to move Samantha and Nicole to Lagrange, Ohio, IS DENIED. (3) The father shall have primary physical custody of Samantha and Nicole. (4) The mother shall have temporary physical custody as follows: (a) During each summer for a four week continuous period starting on the first Saturday after the school year ends. Then after a two week continuous period with the father, the mother shall have another three week continuous period. (b) From after school on the Wednesday before Thanksgiving through the day before school begins. (c) From each December 26' through the last day before school begins. (d) From the end of school on the day before spring school vacation 99-7348 CIVIL TERM starts through the day before it ends. (e) In this area from any Friday evening through Sunday evening or Monday evening if Monday is a holiday that the mother is visiting. (5) The parties shall share transportation for all such periods of temporary physical custody and cooperate in advance in making such arrangements. Unless otherwise agreed the exchanges for custody when the children visit their mother in Ohio shall take place at Exit 6 of the Pennsylvania Turnpike at Monroeville. (6) The father shall insure that the children are in contact with their mother by telephone at least two times per week, and he shall cooperate with the mother in setting the times for these calls. He shall not monitor the calls. (7) The father shall immediately secure counseling for Samantha and Nicole to support them being better able to adjust to their parents' separation and any other issues deemed appropriate by the counselor. Edgar B. Bayley, J. James J. Kayer, Esquire For the Mother Thomas S. Diehl, Esquire For the Father , By theCourt " P-Cl" 3-L-oo US :saa Cv'c'•i;L ?GUINrIY DIANA CLARK, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH CLARK, DEFENDANT 99-7348 CIVIL TERM IN RE: CUSTODY OPINION AND ORDER OF COURT Bayley, J., March 6, 2000:-- Diana Clark, age 35 and Kenneth Clark, age 38, were married on July 12, 1985. They have two daughters Samantha, age 13, born September 10, 1986, and Nicole, age 11, born September 9, 1988. The parents moved to 457 North Pitt Street, Carlisle, Cumberland County in April, 1988. They had previously lived in Shermans Dale, Perry County for a few months, and before that in Hershey for approximately three years, and before that in Lebanon for approximately six years. The father and mother have had some difficulties in the early years of their marriage much of which related to the father's short temper. They undertook marriage counseling which helped, and things went generally well until a couple of years ago. In September, 1999, as the marriage was deteriorating, the father started communicating on the Internet with a woman in Ohio. The mother discovered these communications yet she was willing to accompany the father to Ohio when he wanted to meet that woman, Bonnie Moore. The mother left the marital home on November 23, 1999. A divorce is pending. Bonnie Moore moved in with the father in Carlisle on November 13, 99-7348 CIVIL TERM 1999. Moore has three children ages 22, 19 and 16. The oldest is married, the middle child lives with her boyfriend in Ohio, and the youngest lives with her father in Ohio. The mother moved to Lagrange, Ohio, and into a home owned by Bonnie Moore's husband John Moore. Moore lives in another home he owns in Lagrange. Lagrange is thirty-five miles west of Cleveland which is a five-hour drive from Carlisle. The mother testified that she had been subjected to verbal and physical abuse by her husband during the last couple of years. She related an incident in October when he physically grabbed her and pushed her in front of Samantha which the father denied. The mother testified that she chose to go to Ohio to get completely away from Carlisle because she is afraid of her husband. She stated that the father has threatened her that if she does not drop this custody case there will be blood on her hands. Before she left Carlisle the mother had been working cleaning homes. She has obtained a full-time job as a cook in a restaurant in Lagrange. She works from 9:00 a.m. to 4:00 p.m. with two days off a week which are now Tuesdays and Saturdays. The father has been in the disc jockey business for seven years. He has three employees and he normally works Thursday, Friday and Saturday evenings. He recently started a power wash business, which he operates with Bonnie Moore, where he works during the week from 8:00 a.m. to about 2:00 p.m. Those hours are flexible so that he can be available for the girls if they need him. The father's driver's license was suspended in 1983, and because of a series of driving under suspension convictions it has never been reinstated. -2- 99-7348 CIVIL TERM Samantha has reactive airway disease which is a severe form of asthma. She needs a very clear-air environment and takes steroids to combat the disease. At times she has had trouble gaining weight because of the steroids. In January, her physician was able to reduce her medication and she has been doing better. Samantha is in sixth grade and Nicole is in fifth grade in the Carlisle School system. Both girls have had a substantial amount of absenteeism and tardiness since their parents separated. They are also having difficulties in school and Samantha is repeating sixth grade. These lovely, well-spoken girls appear immature for their chronological ages. After the mother moved to Ohio she saw her daughters for a few hours at Thanksgiving when the parents met in Monroeville, Pa., which is about halfway between their homes. She made arrangements for both girls to spend a week with her in Lagrange over Christmas but Nicole did not want to come and her father did not force her to go. Samantha did go and the mother testified that they had a wonderful time. When we spoke to the girls in chambers it was obvious that the separation of their parents was very traumatic for them. They both expressed, with Nicole being somewhat hesitant, a desire to see more of their mother. After the hearing the mother spent the weekend with the girls in this area. The mother has been having difficulty contacting the children by telephone. She often gets an answering machine and the father never has the children call back. When she is able to talk to them the conversations are monitored. Since a temporary custody order was entered on January 27, 2000, following a conciliation conference, the girls have called her one time -3- 99-7348 CIVIL TERM although that order provides for one call a week. The maternal grandmother and the mother's brother, grandmother, cousin, uncle and aunt live in the Harrisburg area. Her father lives in Altoona. During the last two years she as well as the girls have had no contact with her family. The mother blamed this on the unwillingness of the father to participate in doing things with her family. The father testified that a rift with the maternal grandmother occurred when he and the mother were at a DJ session and they received a call that Nicole was ill. The father telephoned the maternal grandmother and asked her to look after Nicole and the grandmother refused. The father testified that he then told the grandmother, in effect, to "fuck off." The mother testified that she is now repairing her relationship with her mother who had in earlier years often seen the girls.' When the mother's cousin, Pam Sultzaberger, recently tried to contact the children the father sent her an email stating that he did not want to have anything to do with any of his wife's side of the family, and if she persisted in contacting him regarding the children "it will be war." Most of the father's family lives in York and Lancaster. When the parents were living together the children often saw those family members but that contact has decreased since they separated. The mother seeks primary physical custody of Samantha and Nicole and permission to move them to Lagrange, Ohio. She believes that she can provide the ' The maternal grandmother testified on behalf of her daughter. -4- 99-7348 CIVIL TERM children with a more stable environment than the father and that it would be in their best interest to live with her. She testified that the father was very lenient with the girls and used to constantly undermine her authority when she insisted upon them doing more homework or chores around the house. She testified that she intends to stay in Ohio. She has checked the facilities at the local school district which she indicates is ranked tenth in the state of Ohio. Both children would take a bus to school at 8:00 a.m. Samantha would be home at 3:00 p.m. and Nicole at 3:30 p.m. The mother said that she would have the children dropped off at her place of work where they could do homework until her shift ends. The father seeks primary physical custody of the girls and an order prohibiting the mother from moving them to Ohio. He believes that he can provide a stable environment for the children and that it is not in their best interest to move with the mother to Ohio. He notes the difficulties that Nicole has been having with the mother but conveniently forgets that it was his bizarre conduct that was the final straw resulting in the mother separating and his email girlfriend then moving in with him. Of course the mother's reaction to the father's conduct was likewise bizarre. Despite the trauma of these events on the children the father has not had the foresight to have them undertake some counseling to help them deal with the situation. The fact that the girls have had significant absenteeism and tardiness at school coupled with a decrease in their grades leaves no doubt that the father has not responded well to their current needs. The girls had been walking to school and the father now has Bonnie Moore -5- 99-7348 CIVIL TERM drive them in order to get there on time. Moore also drives the father around since he does not have a license. Both girls attend church at the Salvation Army. They also attend a girls club and youth bible study on most Tuesday evenings and a teen program on Thursday evenings. For the last two years they have both attended a Salvation Army seven-day summer camp in northeast Pennsylvania. Both of them get much benefit from these activities at the Salvation Army. The mother testified that there is a Salvation Army unit near where she lives and if the girls moved to Ohio she will enroll them in that program. In Gruber v. Gruber, 400 Pa. Super. 174 (1990), the Superior Court of Pennsylvania set forth three factors to consider in determining whether a custodial parent should be permitted to relocate children to another state outside the geographical area of the non-custodial parent: 1. the potential advantages of the proposed move and the likelihood that the move would substantially improve the quality of life for the custodial parent and the children and is not the result of a momentary whim on the part of the custodial parent; 2. the integrity of the motives of both the custodial and non-custodial parent in either seeking the move or seeking to prevent it; 3. the availability of realistic, substitute visitation arrangements which will adequately foster an ongoing relationship between the child and the non-custodial parent. In Beers v. Beers, 710 A.2d 1206 (Pa. Super. 1998), the Superior Court stated that it has consistently held that Gruber "[r]efines upon, but does not alter the basic and determinative inquiry as to the direction in which the best interests of the child lie." The situation in the father's house is hardly ideal. He has little appreciation of -6- 99-7348 CIVIL TERM the emotional support that these girls need. He is working on Thursday, Friday and Saturday evenings when the girls are left with Bonnie Moore. Yet, it is hard to find support for the mother's situation. About the best that can be said is that John Moore provides her a place to live rent-free which is of great assistance given her limited financial resources, and that she has secured full-time employment. That situation, however, is not a prescription for stability. The mother could certainly find a full-time job as a cook in this area where she has family that would likely assist her through these difficult times. Her precipitous move to Ohio has left Samantha and Nicole bewildered, hurt and in a vacuum. There is no doubt that the mother loves the girls and genuinely feels that she can provide them better care than the father. However, we find that her protest that she felt it was necessary to move out of the area to protect herself lacks credibility. Notwithstanding the difficulties that the parties had when they lived together the evidence does not support a finding that the father is a physical threat to the mother especially now that they are separated. We conclude that there are few advantages of the mother's move to Ohio, little likelihood that it will substantially improve the quality of her life or the life of the children, and that it was a result of a momentary whim. On a whole we are satisfied that the best interest of the children do not lie in their moving to Ohio, and that the mother has not met the standards to move them under Gruber. The mother's motive for the move is questionable and the motive of the father to prevent the children from moving to Ohio is reasonable. A move to Ohio would make substitute visitation arrangements difficult -7- 99-7348 CIVIL TERM although since the mother remains in Ohio we will provide her with periods of temporary physical custody as are reasonably possible. For the foregoing reasons the following order is entered. ORDER OF COURT AND NOW, this day of March, 2000, IT IS ORDERED: (1) Diana Clark and Kenneth Clark shall have joint legal custody of Samantha Clark, born September 10, 1986, and Nicole Clark, born September 9, 1988. (2) The petition of the mother to move Samantha and Nicole to Lagrange, Ohio, IS DENIED. (3) The father shall have primary physical custody of Samantha and Nicole. (4) The mother shall have temporary physical custody as follows: (a) During each summer for a four week continuous period starting on the first Saturday after the school year ends. Then after a two week continuous period with the father, the mother shall have another three week continuous period. (b) From after school on the Wednesday before Thanksgiving through the day before school begins. (c) From each December 26"' through the last day before school begins. (d) From the end of school on the day before spring school vacation starts through the day before it ends. (e) In this area from any Friday evening through Sunday evening or -8- 99-7348 CIVIL TERM Monday evening if Monday is a holiday that the mother is visiting. (5) The parties shall share transportation for all such periods of temporary physical custody and cooperate in advance in making such arrangements. Unless otherwise agreed the exchanges for custody when the children visit their mother in Ohio shall take place at Exit 6 of the Pennsylvania Turnpike at Monroeville. (6) The father shall insure that the children are in contact with their mother by telephone at least two times per week, and he shall cooperate with the mother in setting the times for these calls. He shall not monitor the calls. (7) The father shall immediately secure counseling for Samantha and Nicole to support them being better able to adjust to their parents' separation and any other issues deemed appropriate by the counselor. By the Court Edgar B. Baylgy, J. James J. Kayer, Esquire For the Mother Thomas S. Diehl, Esquire For the Father :saa -9- ???J ?._.. ?. DIANA CLARK, VS. KENNETH D. CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA M to• NO. 98-7398 CIVIL TERM CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this ?IU da of A. y , 1399, upon -rucck consideration of the attached Custody Cc ciliatio Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. of the Cumberland County Court House, on the )_) 4 day of , h 2000, at Cl'.W o'clock Q .m., at which time testimony will taken, . For purposes of this Hearing, the Mother, Diana Clark, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the parties shall have shared legal custody of Samantha Marie Clark, born September 10, 1986, and Nicole Rachel Clark, born September 9, 1988. The Father shall have primary physical custody of the Children. The Mother shall have partial physical custody of the Children over the President's Day weekend from Saturday morning at 6:00 a.m. until Monday at 6:00 p.m. In addition, the Mother shall have custody of the Children over their Spring break from school from the last day of school before Spring break through the day before school resumes, at times to be arranged by agreement of the parties. 3. Exchanges of custody under this Order shall take place at a half way point between the parties' residences at Exit 6 (Monroeville) of the Pennsylvania Turnpike. 9. The Father shall ensure that the Children contact the Mother by telephone at least 1 time per week. BY THE J cc: James J. Kayer, Esquire - Counsel for Mother "}2u g Thomas Diehl, Esquire - Counsel for Father / . Ado R B_i 1; 16 - ,. nA DIANA CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-7348 CIVIL TERM VS. KENNETH D. CLARK, : CIVIL ACTION - LAW Defendant : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT uv AC.LVf2UANCE 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: DATE OF BIRTH CURRENTLY IN CUSTODY OF Samantha Marie Clark September 10, 1986 Nicole Rachel Clark September 9, 1988 2. A Conciliation Conference was held on Jani following individuals in attendance: The Mother, counsel, James J. Kayer, Esquire, and the Father, his counsel, Thomas Diehl, Esquire. Father Father iary 13, 2000, with the Diana Clark, with her Kenneth D. Clark, with 3. The parties separated on October 19, 1999, at which time the Mother moved to Ohio. The Father has had physical custody of the parties' 2 daughters since that time. The Mother filed this Petition for primary physical custody. 4. The parties were able to agree at the Conference on temporary custody arrangements pending resolution of the primary physical custody issue. The parties were willing to attempt to resolve that issue by obtaining a custody evaluation if it were financially feasible. However, after the Conference, counsel for the parties contacted the Conciliator to advise that after thorough investigation, they were unable to locate a professional who could perform the evaluation within the parties' financial constraints. Therefore, it will be necessary to schedule a Hearing in this matter. 5. The Mother's position on custody is as follows: The Mother feels that she was forced to leave the marital residence due to the Father's relationship with his girlfriend who now currently resides with the Father and the Children. The girlfriend's husband has provided the Mother with a place to live in Ohio where the Mother has obtained employment and intends to reside permanently. The Mother expressed concern that the parties' oldest daughter had been marked tardy at school on a regular basis for a period of time and also that the Father and older child were having serious disputes. In addition the Mother stated that the parties' younger daughter has a medical condition which requires substantial life style adjustments and the Mother believes she is more willing and able to provide for the Child's special needs. Finally, the Mother expressed concern that the Father does not currently have a driver's license and would not be able to transport the Children in an emergency. The Mother believes it would be in the Children's best interest to primarily reside with her in Ohio. 6. The Father's position on custody is as follows: The Father adamantly objects to the Mother's proposal to relocate the Children to Ohio. The Father stated that the Children have been in the Carlisle school district for 2 years and all of their friends and other contacts are located in the local area. The Father believes that he is more than capable of being primary caretaker for the Children and indicated that the children have expressed a preference to remain in Pennsylvania. According to the Father, the issue involving the Child's tardiness from school has been resolved as his girlfriend now drives the Child to school and she is not permitted to walk. The Father believes it is in the Children's best interests to continue to live in Pennsylvania with him and the Mother's desire to relocate to Ohio does not benefit the Children in any way. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing in this matter and providing temporary arrangements for custody of the Children pending resolution by the Court. It is expected that the Hearing will require 1 day. -Date ?5r, aooo __ ??a n i1il. o Dawn S. Sunday, Esqulre Custody Conciliator ? r' r4 i v e :( I ? .ne 4 ? ? :. ? ? I r r .' `. 1 1r'. 4 ? ? /, ? } ?_?- :??. DIANA CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - 7348 CIVIL TERM CIVIL ACTION -LAW KENNETH D. CLARK, Defendant : IN CUSTODY PRE-HEARING MEMORANDUM To: The Honorable Edgar B. Bayley Cumberland County Courthouse Date of Hearing: February 17, 2000 at 9:00 a.m. Submitted by: James J. Kayer, Esquire Kayer and Brown Attorney ID#: 50838 4 East Liberty Street Carlisle PA 17013 (717) 243-7922 DIANA CLARK, Plaintiff V. KENNETH D. CLARK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7348 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S PRE-TRIAL MEMORANDUM I. BRIEF FACTUAL HISTORY Plaintiff, Diana Clark and Defendant, Kenneth D. Clark are the natural parents of two minor children, Samantha Marie Clark, born September 10, 1986 (age 13) and Nicole Rachel Clark, born September 9, 1988 (age 11). The parties are husband and wife and a divorce is currently pending. On or about November 8, 1999, the parties separated. This separation was caused by the husband's insistence to move his paramour into the marital home, an individual he had met on the Internet and who resided in Ohio prior to her move to Carlisle. In the years previous to the parties separation, they have resided together at a variety of locations throughout south central Pennsylvania including Lebanon, from 1992 to 1996, Hershey, from 1996 to 1998, Shennansdale for a short period of time in 1998 and ultimately, Carlisle as of April, 1998. The parties were married on July 12, 1985 in Harrisburg, Pennsylvania. Their marriage has been fraught with difficulties. The Defendant has always exhibited a manipulative and controlling personality and has on numerous occasions threatened violence upon the mother. On those occasions where the mother has not complied with the Defendant's wishes, he has become violent with her. The problems have become so intense that on one occasion it caused the mother to leave the marital home for one night for fear for her personal safety. While the defendant has never to the mother's knowledge been violent with the children, he has demonstrated a loss of temper and control with them on various occasions during the parties' marriage. Defendant's temper and disposition have caused him to be unable to maintain steady employment. He currently is a self-employed disc jockey. Plaintiff intends to establish in her testimony and the testimony of her witnesses a pattern of behavior which has ultimately caused her to fear for her safety and the children's safety to such a degree, that she will not return to reside in the central Pennsylvania area and is exerting all efforts to remove the children from this area as well. The mother has relocated to La Grange, Ohio. She was initially drawn to the area due to an interesting irony. At the time that she first became aware of the identity of the Defendant's paramour, she was contacted by the paramour's husband. These two "kindred souls" found they shared a bond due to the cruel fate that each of their respective spouses was more interested in each other than preserving their marriages. Upon discovering the mother's fate, this individual, John Moore offered the mother a place to stay to allow her to get on her feet. The mother has now obtained steady employment in the La Grange area, and discovering the area to her liking, has decided to make it to her new home. The Plaintiff did not remove the children with her for two very basic reasons. First, she did not want to disrupt the children's schooling or lifestyle as she did not intend at the time of her flight from the marital home that her relocation out of the area was to be a permanent one. Secondly, the defendant had threatened that he would murder her in the event that she tried to take the children out of the home or pursue her legal rights for custody. The parties had one custody exchange prior to the Christmas holidays. Upon completion of that custody exchange, the Defendant threatened to keep the children from the mother over the Christmas holidays and on into the future. Only after the Defendant became represented by counsel did he ultimately allow the mother to have access of the children over the Christmas holiday. The mother and her relatives have been denied meaningful access by telephone and e- mail with the children since the parties' separation. Mother, through her testimony and those of her witnesses will describe the obstacles and attitude they have encountered from the Defendant when they have attempted to contact the children. Defendant has no valid driver's license and is on probation due to his repeat offenses for driving on a suspended license. He has also encountered difficulties in getting the children to school. The Plaintiff will establish through records obtained from the school the extreme measures that the Carlisle School District has had to take to counter an apparent attendance and truancy problem that has developed since the parties separated. The Plaintiff believes that the children's best interest will be promoted in establishing primary physical custody of the mother due to the unstable environment, and lack of supervision in the father's home. One of the key considerations in custody cases when determining which household should be awarded primary physical custody is the promotion of contact with the other parent. The Defendant has demonstrated, through his words and deeds that a promotion of contact is the furthest thing from his mind and in order for the children to enjoy a healthy relationship with both parents and their extended families, the only alternative is to award primary physical custody with the mother. II. WITNESS LIST Diana Clark, Plaintiff - the children's mother shall testify concerning her relationship with the children and her causes for concern regarding the care and attention that they receive from their father. She will testify that during the marriage, she was the primary care taker of the children, and will testify regarding her fear of the Defendant. Jennie McMullan - the children's maternal grandmother will testify regarding her observations of the interactions between the children and each parent as well as her personal knowledge of the verbal physical abuse that occurred in the parties' marriage. As the parties lived for significant periods of time in Ms. McMullan's household, she had ample opportunity for such direct observations. Pamela Sultzaberger- the Plaintiff's cousin will testify regarding the lack of access that she has been provided by the father and the ultimatums that he has communicated to her verbally and through e-mail. She will also testify regarding an incident in the parties' past in which the father arranged for the children to stay at home unsupervised while he performed his work as a Disc Jockey. Plaintiff reserves the right to call any witnesses listed upon the Defendant's pre-trial memorandum. III. RELIET SOUGHT Plaintiff, Diana Clark seeks an order whereby the parties would continue to share legal custody of the children and plaintiff would enjoy primary physical custody of the children and the Defendant would enjoy certain specified rights of partial physical custody. Due to the distance between the parties it is anticipated that such periods of partial physical custody would occur approximately one time per month during the school year and that the Defendant would enjoy the majority of the children's summer vacation. The Defendant would also enjoy the benefit of most of the other "school breaks" that exist during the scholastic year. While the mother remains concerned regarding the children's safety and welfare in the father's home, she would understand if the Court did not commence her period of primary physical custody until after the current school year completes. If the Court were to rule in this manner, she would request that she be provided with the majority of summer 2000 as she has not had significant access to the children since the parties' separation in November 1999. While the relief sought by the plaintiff would require the children to relocate, she believes that given the significant concerns that exist regarding the father's relationship with the children, and the manner in which he runs his household, the fact that she has been the primary caretaker of the children throughout the parties' marriage, as well as the father's apparent inability to get the children to go to school, such an arrangement in the children's best interest. She also is confident that her ability to promote visits and a relationship between children and father far exceeds the father's stated intention to not reciprocate in kind. Respectfully submitted, Date: 217106) (71.7) 243-7922 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing PLAINTIFF'S PRE-TRIAL MEMORANDUM was served on the following persons by First-class mail, postage prepaid, by forwarding atrue and correct copy unto: Thomas Diehl Suite 103 401 East Louther Street Carlisle PA 17013 and Honorable Edgar B. Bayley 1 Courthouse Square Carlisle PA 17013 Date 1/7/()& (717) 243-7922 mow.. , .... . DIANA L. CLARK, Plaintiff V. KENNETH D. CLARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 99- 7348 CIVIL TERM IN CUSTODY PRE-HEARING MEMORANDUM OF THE DEFENDANT 1. Position of Defendant Kenneth D. Clark, herein after referred to a "Father;" and Diana L. Clark, herein after referred to as "Mother," are the parents of Samantha Marie Clark, bom September 10, 1986, and Nicole Rachel Clark, bom September 9, 1988. On or about October 23, 1999, Mother left the parties' marital residence located at 457 North Pitt Street, Carlisle, Pennsylvania, leaving the parties' children in the care of the Father. Mother did not leave a forwarding address or telephone number through which she could be contacted. Thereafter, Mother informed Father that she had relocated to Ohio, and made arrangements to pick up the remainder of her belongings from the marital residence on November 13, 1999. Since November 13, 1999, the day Mother removed the remainder of her belongings, the Father and the children have resided with Bonnie Moore, the Father's girlfriend. Since relocating to Ohio, Mother has resided in a mobile home owned by John Moore, Mother's boyfriend. In order to avoid unnecessary confusion, it should be pointed out that the Moore's are currently married. Father avers that his residence provides a more stable atmosphere in which to rear the children. The residence is within walking distance of the children's school, and is in closer proximity to both parties' relatives, who primarily reside in South Central Pennsylvania. There are no known relatives of either party, who enjoyed contact with the children, who reside in Ohio. Father is self-employed as a dise jockey, which affords him the opportunity to maximize his contact with the children throughout the weekdays. Mother is currently employed as a cook in a tavern in Ohio. To Father's knowledge, it is the first job that she has ever held as a cook. As the schooling, extracurricular activities, and family relations of the children are located in South Central Pennsylvania, it is the position of the Father that: (1) It is not in the best interest of the children to relocate with Mother to Ohio as their standard of living will by no means improve through the relocation; (2) Mother's relocation to Ohio is not rationally based, and therefore would only have the effect of unreasonably limiting Father's contact with the children; (3) Temporary physical periods of custody with the Father over the summer and/or holidays would not be an effective substitute for the Father's established history of extended, involved, and regular contact with the children; and (4) The children should remain with Father as he has been the primary caretaker of the children throughout their childhood, as well as their exclusive caretaker since the parties' separation. H. Witnesses I. Kenneth D. Clark The Defendant, who is the Father of the children, is to testify why it is in the children's best interest that he provide their primary car, including his history of providing a nurturing environment for the children. 2. Bonnie Moore The Defendant's girlfriend, having resided with the Father and his children since November 13, 1999, will testify to her observations of the Defendant's fathering skills. Furthermore, she will bolster the Defendant's testimony concerning his ability to be the primary caregiver of the children. 3. Mike Rodriquez This witness is a member of the Salvation Army, the church that the children attend. His testimony will concern the children's involvement with the church as well as his observations of Mr. Clark's participation with the children. 4. Captain Cocker This witness is a member of the Salvation Army, the church that the children attend. His testimony will concern the children's involvement with the church as well as his observations of Mr. Clark's participation with the children. Date: February 8, 2000 Tomas S. Diehl; Esquire Attorney for Defendant 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 Respectfully submitted, CERTIFIACTE OF SERVICE 1 hereby certify this 8°i day of February 2000, that a true and correct copy of the foregoing memorandum was served on the following individual at the below listed address by first-class, postage pre-paid mail: James J. Kayer, Esquire Kayer & Brown 4 East Liberty Avenue Carlisle, PA 1701: Attorney for Defendant 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 DIANA L. CLARK, : IN'1'I1E COUR"1' OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - CUSTODY NO.99-7348 CIVILTERM KENNETH D. CLARK, Defendant : IN CUSTODY PRE-IfEARING MEMORANDUM O<' THE DEFENDANT h Position of Defendant Kenneth D. Clark, herein alter referred to a "Father," and Diana L. Clark, herein after referred to as "Mother," are the parents of Samantha Marie Clark, born September 10, 1986, and Nicole Rachel Clark, born September 9, 1988. On or about October 23, 1999, Mother left the parties' marital residence located at 457 North Pitt Street, Carlisle, Pennsylvania, leaving the parties' children in the care of the Father. Mother did not leave a forwarding address or telephone number through which she could be contacted. Thereafter, Mother informed Father that she had relocated to Ohio, and made arrangements to pick up the remainder of her belongings from the marital residence on November 13, 1999. Since November 13, 1999, the day Mother removed the remainder of her belongings, the Father and the children have resided with Bonnie Moore, the Father's girlfriend. Since relocating to Ohio, Mother has resided in a mobile home owned by John Moore, Mother's boyfriend. In order to avoid unnecessary confusion, it should be pointed out that the Moore's are currently married. Father avers that his residence provides a more stable atmosphere in which to rear the children. The residence is within walking distance of the children's school, and is in closer proximity to both parties' relatives, who primarily reside in South Central Pennsylvania. 'T'here are no known relatives of either party, who enjoyed contact with the children, who reside in Ohio. rather is self-employed as a disc jockey, which affords him the opportunity to maximize his contact with the children throughout the weekdays. Mother is currently employed as a cook in a tavern in Ohio. To Father's knowledge, it is the first job that she has ever held as a cook. As the schooling, extracurricular activities, and family relations of the children are located in South Central Pennsylvania, it is the position of the Father that: (1) It is not in the best interest of the children to relocate with Mother to Ohio as their standard of living will by no means improve through the relocation; (2) Mother's relocation to Ohio is not rationally based, and therefore would only have the effect of unreasonably limiting Father's contact with the children; (3) 't'emporary physical periods of custody with the rather over the summer and/or holidays would not be an effective substitute for the Father's established history of extended, involved, and regular contact with the children; and (4) The children should remain with Father as he has been the primary caretaker of the children throughout their childhood, as well as their exclusive caretaker since the parties' separation. II. Witnesses 1. Kenneth D. Clark The Defendant, who is the Father of the children, is to testily why it is in the children's best interest that he provide their primary car, including his history of providing a nurturing environment for the children. 2. Bonnie Moore The Defendant's girlfriend, having resided with the Father and his children since November 13, 1999, will testify to her observations of the Defendant's fathering skills. Furthermore, she will bolster the Defendant's testimony concerning his ability to be the primary caregiver of the children. 3. Mike Rodriquez This witness is a member of the Salvation Army, the church that the children attend. His testimony will concern the children's involvement with the church as well as his observations of Mr. Clark's participation with the children. 4. Captain Cocker This witness is a member of the Salvation Army, the church that the children attend. His testimony will concern the children's involvement with the church as well as his observations of Mr. Clark's participation with the children. Respectfully submitted, ,o I'.. 1 . CERTIFIACTE Or SERVICE 1 hereby certify this 8n' day of February 2000, that a true and correct copy of the foregoing memorandum was served on the following individual at the below listed address by first-class, postage pre-paid mail: James I Kayer, Esquire Kayer & Brown 4 East Liberty Avenue Carlisle, PA 17013 Attorney for Defendant 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 Kayer and Brown Attorneys At Law A Professional Corporation Liberty Loft 4 E. Liberty Avenue Carlisle, Pennsylvania 17013 e-mail: ikayer®epix.net Telephone: (717) 243-7922 February 11, 2000 The Honorable Edgar B. Bayley 1 Courthouse Square Carlisle PA 17013 RE: Clark vs. Clark - In Custody Dear Judge Bayley: FAX: (717) 243-0946 Based upon my review of the defendant's Pre-hearing Memorandum, which I received on February 9, 2000, I am requesting leave to amend my proposed witness list to include John Moore, an individual identified by the Defendant as the Plaintiff's boyfriend. By copy of this correspondence I am advising Attorney Diehl of my intention to call Mr. Moore as a witness. Mr. Moore will testify regarding the scope of any relationship between he and the mother as well as his observations of the difficulties that the father has caused the mother in communicating with the children. Very truly yours, James J. Kayer JJK/vjg cc: Thomas Diehl, Esq. Diana Clark 0 0 (I) (Do W ui 0 cl)5 05 P 44 o? v Q? b s' O a 0 d.? =?V W •nM d.i U ^d 3 rn .,. W U W F N H W a w a A O x U W N E z W W a W z 0 E a H x co m r W z O h p En PC Qj c a? 4 tl?k x i This is to certify that: .....................rSatfiaitlhA..G WW....................... Is a Carps Cadet of the: G.qc:il;le ................................... Dale: Mar....ch. H....1J9J. .............................. D(visional Commander's Signature lam............ Common :ryg Offic is Signat r. C!!.? AW....d ......... Corps Cadel's Signature / ................................................................... f a1111603 M- 5 his CerHflcofo is oworded to .. 5an!aNl/?a C1ork.....-----°- .vho hoa aotisf=ctorily comPletod the ?_.._.. Co.sra° of GROSSTro:nin9 FOR CORPS CADETS with o totes of 465 ....••........•.. I points and is owordod o GOLD CF-RTBF'CATE { on juarA 241.1991 ............. and witness d by Avz---.._..... ..,.. Olvblon a .P. ?^a.r cou L---- ..._.... ah 10 H Pas ,f 14. FFt- ` b 1 x+ ?I?al?s PA5 t.r F y1. vt V ( THE SALVATION ARMY .:a4: f7; 1R JUNUCY'rov. SOLDIER 000;r ? t Having asked God for forgiveness, I will trust Him to keep, me good::,' ..Because Jesus Is.my.Savlour from sin, I will be His f`p ,' Ioving'and obedlent.child and will try to, help others to follow Him I promise-not to use Intoxicatlng'drink. harmful drugs and tobacco...; _ S I promise to pray, to read my Bible and, by His help, to lead a life that is. clean in thought, word and deed. 6 SIGNED coRPS ?N2 U 5 L E aA4 DATE mw '9. ?99y "Even a child is known by his doings, whether his work ± be pure, and whether, It be right,' Proverbs 20:11 ; . ; ...ll 115.. 1, ' .1 A I'r.A? ~A ? ?1' aSfj S? I ? e ... fP? "Ir v.A,C 7 A, r r. « ? ?fR 'Ir . r A .r ?' I r t i ^td .n ? r ' 1 ir. Jr% 1, ?? 1 y / 1 ? ,. ? ' 1'.t+5 . t t•--•r 1IYii Ik r1i ?n. ? f l.,-n,..? ?:i : ?.p ?..?:- •tfi; lf'JQI\? r A I; tt1 y v'rl r' ri R'8d?r??;? ri ' opt . , r ( S 4 r, f ? - l .1 1 ? M1? 'r 1 ? r / jk !f ? r e t F ARMY : TT 1 ??'R ' ? ? ; \t 1H rl i? 1 1 - it 1 ' . Y GF: ? will trust Him to asked God for forglveness, [ Having ' , me ood : kee g : . p ' I Because Jesus Is my Savlour from sin, l will be His child and will try to help others to ' loving and.obedlent F , 1 promise,not.to use intoxicating drink, harmful drugs •andtobacco _ ' A promise to pray, to read my Bible and, by His help, to .' lead a life that Is clean in thought, word and deed. I 4' I 7 J ?u ? i - I ' ?{ra SIGNED lsE ?A . / CftQ G /I7Ay`' /999 E whatha . work en a child is known by his doinga "E , v be pure andwhetheritbe'right" Proverba201f ?.? 3 . ! i.l l J 1 / .:V ' ,1 ./ Vt ? uy i1 y ` ? • 1 'I t • / , 77 I' O"IOU , .. .. . I ? ,, =t .7 v. W?IR11 r r V!','j•J iI ?'1 , l %Il F' h t r '. h YA I 1 , 1 Anthology of Poetry by Young Americanse P.O. Box 698 0 307 East Salisbury Street Asheboror NC 27204-0698 t,c:uY Established 1989 Publishing young poets for eleven years Dear Parent, Congratulations! A poem that Nikki Clark submitted to the Anthology of Poetry, Inc. has been accepted for publication. Earlier in the school year your child participated in a program designed to foster creative expression among young people by submitting a poem to the Anthology of Poetry, Inc. This poem has been selected as one of the in the 2000 edition of the Antholoev of Poetry by Young most creative submissions and has earned a page Americans ®. The 2000 edition will be our eleventh year of publishing the Antholoey of Poetry by Young Americans. In celebration of over a decade of publishing, we are proud to offer our book in a choice of the original paperback or the new hardback edition. This edition of the Antholoe I of Poetry by Young Americans® will go to print on March 31" and will be available for distribution twenty to twenty-five weeks after March 31". If you wish to give permission to have your child's poem published, please sign and return the following permission slip. If you wish to order a copy of the book refer to the price list below and enclose your check or money order. Once this edition is printed it will not go back to press again. The Anthology of Poetry, Inc. was thrilled to receive the large number of submissions from students and teachers, and proud of the content of these submissions. Because of teachers like your child's, students of many school districts had the opportunity to explore new avenues of creativity and share their poems with many others. We would like to extend a special thanks to all students who participated -- indeed, America's future looks bright. ?Sincerely, M. G. Nickles Editor R:),5 i P.S. If you have any questions feel free to write to us at the above address or call( 336)626-7762. All permission slips and checks •,•ked by March 3 V. Please allow twenty -)n to address above. August 3V, 2000) 1 ? 1 ,'?i t --- rA I 1 ? r II S tj? A ... I 1 .L CARLISLE AREA SCHOOL DISTRICT 623 West Penn Street Carlisle, Pennsylvania 17013-2298 Gerald L. Fowler, Ph.D., Superintendent Centre AdmMmIrelbn I.u 717.24"W9 717.94Gft* January 13, 2000 Parent/Guardian of Nicole Clark 457 N. PittSt. 1 i Carlisle, PA 17013 Dear Parent/Guardian: On November 15, 2000. I sent you a letter expressing my concern that Nicole had been absent 13 days that Hamilton Elementary School had been in session. Since that time, Nicole has been absent an additional 9 days. 'N•inh To i. Since attendance is critical for Nicole's educational progress, effective January 21st, we 7:ld IL 5. will require you to provide a doctor's excuse for any future absences. This excuse must include the following: 'ell :.,?•. sV vccnn (A) The dates on which Nicole was examined by a physician. (B) The nature of the illness. (C) The date Nicole may return to school. If you are unable to have Nicole see a physician, you may call the school to arrange to have our school nurse examine Nicole. You should call to arrange this examination on the first day o illness. Should there be any circumstances, other than illness, of which 1 am unaware concerning Nicole's school attendance, please call me. If a doctor's excuse or the school nurse's approval is not received, any future absences of Nicole's will be considered unlawful. Unlawful absences can lead to legal action resulting in fines. We are concerned about the education progress of Nicole. Your cooperation will be appreciated. We want to work with you to ensure a positive and successful school year for your child. Sincerely, Gerald L Boggess Principal (240-6790) GLB/cb Cc: Margie Spahr )11-11001 PR5 S 'd Xtld 7r:t, 00, 9 '98d -.OLE AREA SCHOOL DISTRICT .a West Penn Street &rlisle, Pennsylvania 17013-2298 Ggrald L. Fowler, Ph.D., Superintendent C.VY Admlmumwn /u >vaw.axoo >vn,o•eeae November 19, 1999 Mr. and Mrs, Kenneth Clark 457 North Pitt Street Carlisle, PA 17013 RE: NICOLE CLARK (D.O.B.: 9/9/88) Dear Mr. and Mrs. Clark, Nicole's absences from school on the following dates were unlawful due to the excessive number of school days missed due to pediculosis (head lice/nits): NOVEMBER 8, 9 AND 10, 1999 Please find enclosed a copy of a letter which was sent to you on November 4th in which it stated that Nicole "must be brought by a parent to school on or before this date": Monday, November 8 at 8:00 a.m. at LeTort. It also stated that if the student is not ready to return by the designated date, each additional day may be considered as an unlawful absence. Nicole's unlawful absences are in violation of the Compulsory Attendance Law (Section 1327) of the Commonwealth of Pennsylvania. The school law of Pennsyl- vania requires a school official to notify the parents of a student of this violation of the law in writing. It is important that you know that should Nicole accumulate any additional. day(s) of unlawful absence you, as parents, are liable for a fine(s). If you have any questions regarding this letter or concerns pertaining to Nicole's attendance, please do not hesitate to call me (240-6822). You may also wish to contact Mr. Gerald Boggess, principal of Hamilton Elementary School (240-6791). Your anticipated cooperation in seeing that Nicole attends school each day is appreciated. Sincerely, PUPIL PERSONNEL SERVICES Margare S. Spahr Home and School Visitor Enclosures cc: Mr. Boggess ?Mrs. Brucks . Js L'L o00d CARLISLE AREA SCHOOL DISTRICT 623-West Perm Street Carlisle, Pennsylvania 17013.2298 Gerald L. Fowler. Ph.D.. Superottendew cft"Adm"tn, r" 717-2400000 717946aN November 15, 1999 v.Y:4 ? ? I '.4?a. ll.i ? •{ Patent/Guardian of Nicole Clark 457 N. Pitt St. Carlisle, Pa 17013 Dear Mr.and Mrs. Clark: Nicole has been absent a total of 13 days that Hamilton Elementary School has been in session this year. Hamilton has been in session only 52 days so far this you. I Y Y 717-'2140-57.1n While we do not want children to come to school when they are ill, it is important that 1 you are aware of the total number of days missed. A student's absence from school can affect achievement in the classroom. TY:.- 4:.:• T i7•i+n•.YI.} ? If these absences continue to be a problem, a doctor's excuse will be required for each absence. .w Etc. If there are special problems that have not been brought to my attention, please call me at 240-6790 to share this information. ,10pId:Y11 Sincerely ,;lemm44ry , vn w•r:w I.Tan Gerald L. Boggess EkC¢ntm 7 {7.710.0764 Principal GL 3/cb 61 rl,.ar., I Cc: Margie Spahr 9 'd Mid ST:7 00, a 'qaq i i Fab. 0 '00 4:12 O S N Q? O? O? .-r O O N v w? rul Z° O J ? C i ( - ... .. .... yONd.S3H0 I 3'f00IN x1IV'10 FAX P. 2 b V W 4 ? ro b ? a J • M a Q b C? ° " a Q. u1 Y U ? ? $ x x n ? 1 » + i 1 ) 1 I I i i wJUd-, .~. ! AllA 4 JJ A 4 .nJ n n n n I I I „ 1 1 I I 00 y 1 1 1 1 ? ? ?- I ? .J ? I ,, I I I I A l l z ' • .:.r _. x .:._:.. .... .. .. 9T ?D 00. 8 'Qej 8 •a A of CARLISLE AREA SCHOOL DISTRICT 1' READING SUPPORT OBSERVATION CHECKLIST AND EVALUATION 1 1 GRADES 4 AND 5 STUDENT NAME N 1 K c 1 C `OY IC GRADE _YEAR 199 _2000 DECODINGAVORD ANALYSIS SKILLS tic t Jan Juno S llablcs PrefixeUSuflixesJBasc words Uses Context Phonics VOCARTHARY nF..VEIAPMENT Cee J.n June Antonyms S non ms Multiple MeaninWords ? Sight Words Undcrstandsmcanin of words ? ORAL READING xe 1 J.n June Oval Flucn Self COfrCCl6 4Y1I 7R 4..a I.. Mn. Reading for Dclails To ic&Wain idea Using Context Soqucnce Summarizin ? Inferences CausNEffecl F Outcomes ds Slo Elements M STUDY SKILLS sea Jon June Dictionarv Skills information Skills Wang ? COMMENTS' s..t IM June Rcadaindc ndenU ? Dcmonstratcs effort ? 4- Participates in class ? Cooperative In class S s at a ro riatc dmcs L/ Ste s focused on task Com Ictes work indc ndentl Proofreads wriitcn work Listens and follows directions + - Shows progress in this skill area ?- Needs more work in this skill area No mark means not applicable at this time. L 'd XFdj RC N RVAImATIr1N F.9 B.A.. U ..t o, W ?r zt- I a w I .. 6 'd F J Z F rb? :o g wn?z p ? W.?3?=5 to w 0 w z U a -: ri ri v ri XHj (q ? V 'a E 9' a7 Ro?'a $ o ?. 13! ??ma 3 ? N 6T:y 00, a •qaj i. a Feb. 8 '00 4:13 FAX 0 M 5 ° QI a ml r V) O0 VII c b? 8 e 0 A ye? ti d G a z eI ? ?e ? ? ? ? g? p n aN s; ? a ? ?e C UIwFf.FFwFFwwFF-mwwF.._Fw?F-F-wmwwFwFwF?FF?'1 - -- - aa=aa - ?-?a cl??=?=cc aaan ?5 ?5+ e$SSB$ aa?a ?$-------- aaao oa, Til v G 0 z u v a C c m 0 0 ? zI ?w u N w c ? p - M rv 2 r? E o H ? V) o P. 3 92 8 8 b 9 D u a i a is 8 9 0 O U B B Feb. 8 100 4:13 FAX P. 4 r C E' o ?` as g y$$ S ? .?g .? ? m ? , u y i3',CQ w?? lS vm ° C i2 f+$°?5' 5 mo E g9 e' qg a??' P.a o y c ` qc4 'S@§@ m > 7G6 n @a@ ° +9? ?{ ?v rv ?.` 2 # $ •? m . V W6'' ?y?` t'?gBP Lp£g,C n?u[a?q g .!'G£m g° p5 a"9' a Bi ?' $j" . 2 ??I?,°??saB.C figg 51 a?gQg cr ` t 3 °gmo?°3g?+ as 6 ey` mnsg: r°£.g ?m ° 6$r v6gg3c 0 It q _ZVitl.<fizSSdi5sA.a3&nS p p Rr r?YP ?CIl?OO fNM1?0°IG^lJC{??b?00iNNNtVNNNN?jNNt%t?f 41 v 4 Fm vi ?'? v r. 'M 'm w m d ?- 9 m CO) ?E rW;' a' a ems ?<< ° V ?N to ` el M" l4 ° g S 5 LL ?' pp a$ a ` N N? ?!7 N ', _^ cV Q'1 FFSS SEE R o f?! 5dE JJ L o r W p O y d C -rw m ? f° .may Dig p 3 -C A ?i£8 E a N O 9 C C (1 C = S' L° L U '? ?mp W o m c ,'a og 82 E .° V E b 6 b e m ?a 0 'a CS? ° c U a m a C4 m U E_ 0 q? r o SQ s c? $t7 a c7 =c7 a H a =cFoe x a 40 A d, , CO) 4 O a s' 7 t N ? p O s g N a ¢ 3cxng6 ? ? :Z: C4 W .-? •? ? '¢ ? w ? ? s Ry ? ? aa ? '? ? ?„ '„ , , a 'C W ?a? ? Z m N E E o o tO gg L N N b E o E Lm d b E ° w N E m U C U d . g• y N is li o 2 - N ?Q ee emaK L U, V .. 9 101 y Uf m O O j C N n a N I fn non n.^ Page 1 of 1 From: Pam Sultzaberger <pammyd@quixnet.net> To: Sam and Nikki Clark <bip1939@yahoo.ccm> Sent: Friday, January 14, 2000 11:40 PM Subject: Hi Sam and Nikki, Haven't seen you in a while. How've you been? Sam. I promised you when your grades improved I would take you out to a movie or the mall or something. I know you had to repeat sixth grade, but the offer still stands if your grades are better this year than last. If you want to call me, you can leave a message on my voicemail (558-2549). Leave your number, too, because when I'm out, I usually don't have any numbers with me. The voicemail will page me when a message is left (if my pager is working; the battery keeps going dead), so I can call you back. I check my messages at least once a day or whenever it pages me. Talk to you soon. Love. Pam. MOM ai??l?a ?5 02/15/2000 - _ 5 Page I of 1 From: Pam Sultzaberger <pammyd@quixnet.net> To: Sam and Nikki Clark <bfpl939@yahoo.com> Sent: Saturday, January 15, 200012:06 AM Subject: For Samantha and Nicole Sam and Nikki. I thought you may be interested in this, but you need to check with your dad before you do it. (Your dad needs to authorize it, because you earn money.) 1 recently joined AllAdvantage.com, a great new Internet company that pays its members to surf the Web! AIIAdvantage.com even pays me when my friends are surfing, which is why I'm sending this message to you. It only takes a minute to join, so sign up now (please refer to me as your referring member) at http://w5vw.alladvantage.com/go.asp?refid=IEG_-_539_ and you can start eaming cash today. They explain everything on their Web site. It:¢ totally tree, Privacy-protected, and the money is real! IIappy $urfing! Pam. Member IN IEG-539 Join Albidvantage.com and get paid to surf the Web! Click the link below and use my ID (IEG-539) for the number of the person who referred you. Thanks! http://www.al ladvantage.com/go.asp'?refill=l_EG-539 02/15/2000 1 n t Page 1 of 2 From: Kenneth Clark <btp1939@yahoo.com> To: Pam Sultzaberger <pammyd@quixnet.net> Sent: January 15, 2000 Subject: Re: For 3aman h and Niico e3B AM sorry. but if any of Dianes family members want to get in touch with us, do it through my attorney or else. thank you. --- Pam Sultzaberger <pammyd a quixnet.net> wrote. > Sam and Nikki, > I thought you may be interested in this, but you > need to check with your dad > before you do it. (Your dad needs to authorize it, > because you earn money.) > I recently joined AllAdvantage.com. a great new > Internet company that > pays its members to surf the Web! AllAdvantage.com > even pays me > when my friends are surfing, which is why I'm > sending this message to > you! > it only takes a minute to join, so sign up now > (please refer to me as your > referring member) at > http://wwxv.ajladvantage.com/go.asp?refid=IEG-539 and > you can start earning cash today. They explain > everything on > their Web site. It's totally free, > privacy-protected, and the money is real! > Happy $urfing! > Pam. > Member ID!/ IEG-539 ---------------------- > Join AIIAdvantage.com acid get paid to surf the Web! > Click the link below and > use my n) (iEG-539) for the number of the person who > referred you. Thanks! > httpa/LV_wwv alladvantage.cornlgo.asp9rclid=IEG-539 02/15/2000 Page 2 of 2 Do You Yahoo!? Tndk to ynnr friends online with Ynhnn! ?•lesu nger. htip:Him.yahoo.coni 02/15/2000 i L Pagc 1 of 1 From: Pam Sultzaberger <pammyd@ uixn t To: Sent q e .net> Sam and Nikki Clark <bfp1939@yahoo.com, : Saturday. January 15 2000 2:40 AM Subject: . Ken ... Who is your attorney? 02/15/2000 Page 1 of I Ron and Pam Sultzaberger From: Kenneth Clark <bfp1939@yahoo.com> To: Pam Sultzaberger <pammyd@quixnet.net> Sent: Sunday, January 16, 200012:38 PM Subject: Re: Ken ... why cant you just IeVF ME. AND THE. GIRL S Ai.DNF.? i dont want anything to do with any of Dianes side of the famly,so please respect my wishes, or I will have restraining orders filled and sent to everyone. They are my kids and I have custody of them there Ibr i can say who can see them and who cant. and dont start trouble with me or it will be war. --- Pam Sultzaberger <pammyd@quixnet.net> wrote: > Who is your attorney? Do You Yahoo!? Talk to your friends online with Yahoo! Messenger. http://i_m.yahoo.com i 02/15/2000 ?l CCS600 Cumberland County - Clerk of Courts Page 1 •14560802102000 Case Print 1999 - 01604 CLARK KENNETH ****ar*t*t*********+**r****ra GENERAL INFORMATION ****+******r******+r*****tr+ Clerk s Filing Date.. 8/03/1999 And Time..... 8:00 Case Type/Action..... Docket No. Fin Auth.. OTN.................. Final issuing Auth... Municipality Code.... Social Security No... Primary Address 1.... Address 2.... City, State, Zipcode. Alternate Address 1.. Address 2.. City, State, Zipcode. Date of Birth........ Sex .................. Race .. ... ...... .. Operator License No.. Affiant 1............ Affiant 2............ Date of Arrest....... Mag. Complaint Filed. Prelim. Arrign. Date. Date Waived to Court. Prelim. Hearing Date. District Attorney.... Defndt Atty/Type 1... Defndt Atty/Type 2... Date Bail Set........ Bail Code Desc....... Surety.. .... ...... Bail Set Amount...... Committed Date....... In Jail / Fugitive... State Id Number...... Auto Registration.... Public Comments...... Reference Number..... Court Stenographer... FBI Id Number........ 1 4 CRIMINAL - 0000000 - 167 CORREAL PAULA P 2 CARLISLE BOROUGH 000-00-0000 457 N. PITT ST. CARLISLE, PA 17013 00000 SUMMARY APPEAL ID# 00000 ATRUE COPY FROM RECORD IDTedmony whereof, I hereunto set my hand andtheMW of saidkourt atCadisle, PA. 12/06/1961 M (M=Male/F=Female/U=Unknown) W WHITE/CAUCASIAN 19550996 State....... PA OFF DANIEL FREEDMAN State Police N 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 .00 0/00/0000 N (Y=In Jail/ N=Not 0000000000 Height ............... 6' Eye Color............ BR State..... Weight ................ Hair Color............ Office Comments...... PAID ZERO AT DJ. P/A Time.... In Jail/ F=Fugitive) CCSL500 Cumberland County - Clerk of Courts .14500802102000 Case Print 1999 - 01604 CLARK KENNETH Init. Issuing Auth... 00000 Docket No. Init Auth. - 0000000 - Pre-Sentence Invest.. Trial Commenced Date. 0/00/0000 Trial Judge.. ..... Sentence/ARD Date.... 0/00/0000 Effect. Date of Snt.. 0/00/0000 Superior Court #..... Filed/Reopened Description Disposition 8/03/1999 INITIAL FILING 0/00/0000 Disposition Code Page 2 ********************** ALIAS OR CO-DEFENDANT INFORMATION ********************** Alias or Co-Defendant Name Type ******r********************** CHARGE INFORMATION ****************************** Date Chrg Cnt Section Sub Grd Desc 2/08/99 1 001 VC1543 A S DRIVING UNDER SUSPENSION Disposition Date........ 10/05/1999 Disposition Description. Trial ................... 302 COURT Verdict ................. 312 GUILTY ************************** DOCKET ENTRY INFORMATION *************************** Case Type..: CRIMINAL Case Action..: SUMMARY APPEAL - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 10/07/99 ORDER OF COURT, FILED 10/5/99. DEF FOUND GUILTY AS CHARGED. SENT: PAY COSTS OF PROS, $300 FINE, & 6 MOS SUPERVISED PROBATION. DEF NOT TO OPERATE MOTOR VEHICLE UNDER ANY CIRCUMSTANCES. ORDERED EDWARD E. GUIDO, J. 10/7/99 - COPIES DELIVERED 10/7/99 SERVICE DJ/KH ------------------------------------------------------------------- 10/07/99 DL21 FORM WAS PREPARED. - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ************************** COSTS & FINES INFORMATION ************************** Case Type..: CRIMINAL Case Action: SUMMARY APPEAL Last Description Costs/Fines Pd To Date Amount Due In Escrow Pymt ST - O.S.F. 75.00 25.00 50.00 12.50 2/03/2000 CO - O.S.F. 75.00 25.00 50.00 12.50 2/03/2000 COURT COSTS 15.00 15.00 .00 .00 12/21/1999 COURT COSTS 5.00 5.00 .00 .00 12/21/1999 COURT COSTS 14.74 14.74 .00 .00 12/21/1999 DISTRICT ATTY 10.00 10.00 .00 .00 12/21/1999 LOCAL FINES 150.00 150.00 .00 120.55 2/03/2000 V -..__ CCS600 Cumberland County - Clerk of Courts 14500802102000 Case Print 1999 - 01604 CLARK KENNETH EMS 10.00 10.00 CAT FUND 30.00 30.00 STATE FINES 150.00 14.45 SHERIFFS COST 1.50 .00 JCP FEE 1.50 .00 STATE COST A 5.88 .00 STATE COST B 5.88 - .00 Cost/Fines Total --------- 549.50 --------- 299.19- Cash Bonds Total .00 .00 ??r v Page 3 .00 10.00 2/03/2000 .00 30.00 2/03/2000 135.55 14.45 2/03/2000 1.50 .00 0/00/0000 1.50 .00 0/00/0000 5.88 .00 0/00/0000 5.88 ------- .00 ----- 0/00/0000 250.31 ----- 200.00 ---------- 2/03/2000 .00 .00 --- End of Listing --- CCS600 Cumberland County - Clerk of Courts -1451'29 02 102000 Case Print 1986 - 00357 CLARK KENNETH DERWIN Page 1 **r*rrr***r+*******rrrr+***** GENERAL INFORMATION ***++***r***********a*rr***+* Clerk s Filing Date.. 3/14/1986 And Time..... 8:00 Case Type/Action..... 1 1 CRIMINAL COMPLAINT Docket No. Fin Auth.. - 0000000 - OTN.................. B5774484 Final issuing Auth... Municipality Code.... Social Security No... 164-54-1388 A1MlEIAPV " REWRD Primary Address 1.... Address 2.... City, State, Zipcode. Alternate Address 1.. Address 2.. City, State, Zipcode. Date of Birth........ Sex .................. Race.. .. ......... Operator License No.. Affiant 1............ Affiant 2............ Date of Arrest....... Mag. Complaint Filed. Prelim. Arrign. Date. Date Waived to Court. Prelim. Hearing Date. District Attorney.... Defndt Atty/Type 1... Defndt Atty/Type 2... Date Bail Set........ Bail Code Desc....... Surety.. ... ..... Bail Set Amount...... Committed Date....... In Jail / Fugitive... State Id Number...... Auto Registration.... Public Comments...... Reference Number..... Court Stenographer... FBI Id Number........ 457 N. PITT ST. CARLISLE, PA 17013 121 SOUTH 3RD ST LEBANON, PA 17042 bIftr TIMMVKIborewe 89nwWd M01lMMtldp1AC01Irt41chiftrk eftrV) ?dl COMMEMM 12/06/1961 M (M=Male/F=Female/U=Unknown) W WHITE/CAUCASIAN State... . State Police N 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 P/A Time.... .00 0/00/0000 N (Y=In Jail/ N=Not In Jail/ F=Fugitive) 0000000000 Height ............... 6' Eye Color............ BR State..... Weight ................ 200 Hair Color............ BRN Office Comments...... CCS600 Cumberland County - Clerk of Courts 1451'1-902102000 Case Print 1986 - 00357 CLARK KENNETH DERWIN Init. Issuing Auth... 00000 Docket No. Init Auth. - 0000000 - Pre-Sentence Invest.. Trial Commenced Date. 0/00/0000 Trial Judge.. .... Sentence/ARD Date.... 0/00/0000 Effect. Date of Snt.. 0/00/0000 Superior Court #..... Filed/Reopened Description Disposition 3/14/1986 INITIAL FILING 0/00/0000 Page 2 Disposition Code g ************************* ********************** ALIAS OR CO-DEFENDANT INFORMATION ********************** Alias or Co-Defendant Name Type ************************r**** CHARGE INFORMATION ****************************** Date Chrg Cnt Section Sub Grd Desc 3/14/86 001 CC3922 THEFT BY DECEPTION ************************** DOCKET ENTRY INFORMATION *************************** Case Type..: CRIMINAL Case Action..: COMPLAINT - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 4/14/94 ORDER OF COURT, FILED. 3/31/94. UPON PAYMENT OF THE SUM OF $200.00 ON ACCOUNT OF THE SUMS DUE, AND WITH THE UNDERSTANDING THAT THE DEF. WILL PAY THE SUM OF $25.00 EVERY TWO WEEKS, HE IS AGAIN DIS- CHSRGED FROM CUSTODY. ORDERED BY KEVIN A HESS, J. - - - - - - - - - --- - - - LAST ENTRY - - - - - - - - - - - - - - ************************** COSTS & FINES INFORMATION ************************** Case Type..: CRIMINAL Case Action: COMPLAINT Last Description Costs/Fines Pd To Date Amount Due In Escrow Pymt SHERIFFS COST 10.67 10.67 .00 .00 ---------- 3/31/1994 ---------- Cost/Fines Total ---------- 10.67 ---------- 10.67 ---------- .00 .00 3/31/1994 Cash Bonds Total .00 .00 .00 :00 --- End of Listing --- CCS600 Cumberland County - Clerk of Courts Page 1 1404402102000 Case Print 1986 - 00431 CLARK KENNETH D r**t****+*****r**********+*** GENERAL INFORMATION ****+***r*+****r**r+***** Clerk s Filing Date.. 4/03/1986 And Time..... 8:00 Case Type/Action..... 1 1 CRIMINAL Docket No. Fin Auth.. - 0000000 - OTN.................. B5770660 Final issuing Auth... Municipality Code.... Social Security No... 164-54-1388 Primary Address 1.... Address 2.... City, State, Zipcode. 457 N. PITT ST. CARLISLE, PA 17013 Alternate Address 1.. Address 2.. City, State, Zipcode. 121 SOUTH 3RD ST LEBANON, PA 17042 Date of Birth........ 12/06/1961 COMPLAINT A TRUE COPY FROM RECORD nd InTeatlmo..?.t frilecourt atCedisle,PA. Sex .................. M (M=Male/F=Female/U=Unknown) Race.. ..... ... W WHITE/CAUCASIAN Operator License No.. State....... Affiant 1............ State Police N Affiant 2............ Date of Arrest....... 0/00/0000 Mag. Complaint Filed. 0/00/0000 Prelim. Arrign. Date. 0/00/0000 P/A Time.... Date Waived to Court. 0/00/0000 Prelim. Hearing Date. 0/00/0000 District Attorney.... Defndt Atty/Type 1... Defndt Atty/Type 2... Date Bail Set........ 0/00/0000 Bail Code Desc....... Surety ............... Bail Set Amount...... .00 Committed Date....... 0/00/0000 In Jail / Fugitive... N (Y=In Jail/ State Id Number...... 0000000000 Auto Registration.... Public Comments...... Reference Number..... Court Stenographer... FBI Id Number........ Height ............... 6' Eye Color............ BR N=Not In Jail/ F=Fugitive) State..... Weight ................ 200 Hair Color............ SRN Office Comments...... CC$600 Cumberland County - Clerk of Courts 14594402102000 Case Print 1986 - 00431 CLARK KENNETH D Init. Issuing Auth... 00000 Docket No. Init Auth. - 0000000 Pre-Sentence Invest.. Trial Commenced Date. 0/00/0000 Trial Judge.......... 62 HESS KEVIN A Sentence/ARD Date.... 0/00/0000 Effect. Date of Snt.. 0/00/0000 Superior court #..... Filed/Reopened Description Disposition 4/03/1986 INITIAL FILING 0/00/0000 ID# 16090 Page 2 Disposition Code R ************************* ********************** ALIAS OR CO-DEFENDANT INFORMATION ********************** Alias or Co-Defendant Name Type ***************************** CHARGE INFORMATION ****************************** Date Chrg Cnt Section Sub Grd Desc 4/03/86 001 CC3922 4/03/86 002 CC3922 4/03/86 003 CC4105 4/03/86 004 CC4105 THEFT BY DECEPTION THEFT BY DECEPTION BAD CHECKS BAD CHECKS ************************** DOCKET ENTRY INFORMATION *************************** Case Type..: CRIMINAL Case Action..: COMPLAINT - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 4/14/94 ORDER OF COURT, FILED. 3/31/94. UPON PAYMENT OF THE SUM OF $200.00 ON ACCOUNT OF THE SUMS DUE AND WITH THE UNDERSTANDING THAT THE DEF. WILL PAY THE SUM OF $25.00 EVERY TWO WEEKS ON HIS ACCOUNT, HE IS DISCHARGED FROM CUSTODY. ORDERED BY KEVIN A HESS, J. ------------------------------------------------------------------- 3/23/95 PETITION FOR RULE TO SHOW CAUSE WHY THE DEFENDANT SHOULD NOT BE HELD IN CONTEMPT OF COURT, FILED. ------------------------------------------------------------------- 3/27/95 RULE TO SHOW CAUSE, FILED. 3/21/95. UPON DEF. TO SHOW CAUSE WHY HE SHOULD NOT BE ADJUDGED IN CONTEMPT OF COURT. HEARING SCHEDULED FOR 4/28/95 AT 9:30AM. ORDERED BY KEVIN A. HESS, J. - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ************************** COSTS & FINES INFORMATION ************************** Case Type..: CRIMINAL Case Action: COMPLAINT Last Description Costs/Fines Pd To Date Amount Due In Escrow Pymt SEARS 91.00 91.00 .00 .00 3/31/1994 GOOD YEAR TIRE 149.77 149.77 .00 .00 6/02/1994 CCS600 Cumberland County - Clerk of Courts 144402102000 Case Print Page 3 1986 - 00431 CLARK KENNETH D COURT COSTS SHERIFFS COST 82.00 82.00 .00 .00 8/23/1994 SHERIFFS COST 78.52 10.68 78.52 10 68 .00 .00 8/23/1994 SHERIFFS COST 23.40 . 23.40 .00 00 .00 8/23/1994 CCC ACT 139 5.00 5.00 . 00 .00 8/23/1994 CVC ACT 139 10.00 10.00 . 00 .00 12/05/1994 DVC - ACT 44 10.00 10.00 . 00 .00 12/05/1994 STATE COST A 7.00 7.00 . 00 .00 12/05/1994 CCC ACT 139 5.00 5.00 . 00 .00 12/05/1994 CVC ACT 139 10.00 10.00 . 00 .00 12/05/1994 DVC - ACT 44 10.00 10.00 . 00 .00 12/05/1994 CCC ACT 139 5.00 5.00 . 00 .00 12/05/1994 CVC ACT 139 10.00 10.00 . 00 .00 1210511994 DVC - ACT 44 10.00 10.00 . 00 .00 12/05/1994 CCC ACT 139 5.00 5.00 . 00 . 00 12/05/1994 CVC ACT 139 10.00 10.00 . 00 .00 12/05/1994 DVC - ACT 44 10.00 10.00 . 00 .00 12/05/1994 ---------- ------ . .00 4/28/1995 Cost/Fines Total Cash Bonds Total 542.37 ---- -- 542.37 -------- •00 .00 4/28/1995 .00 .00 .00 .00 --- End of Listing --- I A CCS600 Cumberland County - Clerk of Courts Page 1 14510702102000 Case Print 1986 - 00432 CLARK KENNETH D **tr*twt****r*+*****++r*++*** GENERAL INFORMATION *******aa+r********a*a+a*** Clerk S Filing Date.. 3/21/1986 And Time..... 8:00 Case Type/Action..... 1 1 CRIMINAL Docket No. Fin Auth.. - 0000000 - OTN.................. B4561841 Final issuing Auth... Municipality Code.... Social Security No... 164-54-1388 Primary Address 1.... Address 2.... City, State, Zipcode. Alternate Address 1.. Address 2.. City, State, Zipcode. 457 N. PITT ST. CARLISLE, PA 17013 00000 Date of Birth........ Sex .................. Race.. .. ..... .. Operator License No.. Affiant 1............ Affiant 2............ Date of Arrest....... Mag. Complaint Filed. Prelim. Arrign. Date. Date Waived to Court. Prelim. Hearing Date. District Attorney.... Defndt Atty/Type 1... Defndt Atty/Type 2... Date Bail Set........ Bail Code Desc....... Surety ............... Bail Set Amount...... Committed Date.. .... In Jail / Fugitive... State Id Number...... Auto Registration.... Public Comments...... Reference Number..... Court Stenographer... FBI Id Number........ COMPLAINT A TRUE COPY FROM RECORD In Tesnm" whereof. I here urroo sd my hand 12/06/1961 M (M=Male/F=Female/U=Unknown) W WHITE/CAUCASIAN State.. . State Police N 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 0/00/0000 .00 0/00/0000 N (Y=In Jail/ 0000000000 Height ............... 6' Eye Color............ BR P/A Time.... N=Not In Jail/ F=Fugitive) State..... Weight ................ 200 Hair Color............ BRN Office Comments...... CCS600 Cumberland County - Clerk of courts WAR= iftRa + n 14510702102000 page 2 Case Print 1986 - 00432 CLARK KENNETH D Init. Issuing Auth... 00000 Docket No. Init Auth. - 0000000 - Pre-Sentence Invest.. Trial Commenced Date. 0/00/0000 Trial Judge.......... 62 HESS KEVIN A Sentence/ARD Date.... 0/00/0000 Effect. Date of Snt.. 0/00/0000 Superior Court #..... Filed/Reopened Description Disposition 3/21/1986 INITIAL FILING 0/00/0000 ID# 16090 Disposition Code }{ a*r********************** ********************** ALIAS OR CO-DEFENDANT INFORMATION ********************** Alias or Co-Defendant Name Type ***************************** CHARGE INFORMATION ****************************** Date Chrg Cnt Section Sub Grd Desc 3/21/86 001 CC3922 THEFT BY DECEPTION ************************** DOCKET ENTRY INFORMATION *************************** Case Type..: CRIMINAL Case Action..: COMPLAINT 4/14/94 ORDER OF COURT, FILED. 3/31/94. UPONRPAYMENT OF THE SUM.OF $200.00 ON ACCOUNT OF THE SUMS DUE AND WITH THEUNDERSTANDING THAT THE DEF. WILL PAY TH ESUM OF $25.00 EVERY TWO WEEKS, HE IS DISCHARGED FROM CUSTODY-ORDERED BY KEVIN A HESS, J. ---------------------- __ _ _________ 3/27/95 PETITION FOR RULE TO SHOW CAUSE WHY THE DEFENDANT SHOULD NOT BE HELD IN CONTEMPT OF COURT & RULE TO SHOW CAUSE, FILED. 3/21/95. UPON DEF TO SHOW CAUSE WHY HE SHOULD NOT BE ADJUDGED IN CONTEMPT OF COURT. HEARING SCHEDULED FOR 4/28/95 AT 9:30AM. ORDERED BY KEVIN A. HESS, J. - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ************************** COSTS & FINES INFORMATION ************************** Case Type..: CRIMINAL Case Action: COMPLAINT Description ZIMMER KERRY SHERIFFS COST Cost/Fines Total Cash Bonds Total Costs/Fines Pd To Date Amount Due 21.10 21.10 .00 10.67 10.67 .0 ---------- ---------- 31.77 31.77 ------.00 .00 .00 .00 --- End of Listing --- In Escrow .00 .00 .00 .00 Last Pymt 4/28/1995 12/21/1999 12/21/1999 RECEIPT FOR MISCELLANEOUS INCOME ------------------------ ------------------------ Cumberland County - Clerk of Courts 1 Courthouse Square Carlisle, Pa 17013 Case Number 2000-99999 Remarks (4) DOCKET ENTRIES KAYER & BROWN Receipt Date 2/14/2000 Receipt Time 15:14:38 Receipt No. 1093712 MSH Total Paid $*******20.00 PYMT/CHECK No. 4032 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - CRIMINAL - DIV. OTN: B-456184-1 NO. 432 CRIMINAL COMMONWEALTH CHARGE Theft by Deception VS AFFIANT Cpl. Gary Bonner Kenneth D. Clark 2729 Herr Street VERDICT Harrisburg, PA 17103 or R. D.#1 Box 401 Willow Glen Road Dillsburg, PA 17019 BAIL CCP 3-13-86 TILED MARCH 21, 1986 RY: 00 Farner )ISTRICTJUSTICE 27 .50 COMMITMENT WITNESS :ONSTABLE MOTION FOR NEW TRIAL )ISTRICT ATTORNEY 10 .00 SHERIFF COSTS,,(. ' HERIFF 1 .50 CERT. TO STATE _ AW LIBRARY POSTAGE :UMB. CO. USE w h 151 .00 'INE Domestic Violence 10 . 0 ',ENCH WARRANT AKING BAIL OR REVOKE ILING PAPERS ETC. 5 .00 UBPOENAS IOLLE PROS. ONTINUANCE AKING RECOGNIZANCES ORFEITURE OF ECOGNIZANCES ?Uro-lCC J•o6GLYOJI •oo w'? I...:.>o..w?Yd ,•,-ti •?^••, ., .,..-un.w OST PAID: V ?? z-n?aaPi 16 6n S 1 q-1 ,..N1, Re 4n no FILED MAY 19.1986. CITATION OF STATUTE AND SECTION 18 PA C.S.A.3922 J19 A TRUE COPY FROM RECORD ICmony wMW, I hero unM set my hand in?ntsheal et add Cant d wWo' PA. b? r r... r i. _.1. FILED MAY 27_tper, to enrzlT9"T OF COUNSEL ORDER OF COURT AN2_ fit y,6{°°TIis?2_1A a."' ° ????y--?a986,at 10:45 a.m. the defendant, KENNETH D. CLAW0,having°aQlpeared in o ert?% i p ourt w thout the benefit of counsel the Public Defonder ir. a?tpo'W6 4$- ?` resent him on the aboveca tioned matters ! 1U0 Di; .63j O ly `Ri p p . ?y (., L: , BY THE COUR i T, IU 1G2?.J O L? M G CILO(??{IGIf i R 7d(W U (0 ?1 (IU:Q KEVIN A.HESS,J. FILE A ? 7 y g g I 1yy s ?? ??I gg yy VW L.tio 1 pft%.O tILTY PLEA AND SENTENCING :J l: 1, I t 1 . . ORDER OF COURT AND NOW,This 22nd day of May 1986,at 11:06 A.M. the defendant, KENNETH D.CLARK havin a d i , g ppeare n open court together with the Public Defender, Frederick I. HUganir, Esquire and havin te d d , g n ere pleas of guilty at 431 Crim- inal 1906,to Count A1,Thcft By Decuption a misdemeanor of h , t e third degree, and to Count A2,Theft By deception,a misdemeanor of the second degree and t I , o Counts B3 and B4,summary offenses of Bad Chock and at 357 Criminal 1986,to Count B a o f I , c unt o Bad Check,graded a summary offense,and to 432 Criminal 1986 to a cou t f B d I , n o a Check,a summary offense,which pleas are accepted and recorded in full satisfactio f l (I n o a l chargac alleged at the above numbers and terms, Sentence of the Court at 431 Criminal 1986,000nts B3 and B4;and at 357 Criminal 1:86,000nt B and at 432 Criminal 1986 all summary offenses,is that the defendnt pay the costs of prosecution and restitution and that he undergo imprisonment in the Cumberla d C n ounty Prison for a period of not less than fortyfive days nor more than ninetydays. Sentenc;; of the court at 431 Criminal 1986,000nt A2 is that the defendant pay the coats of i prosecut on and restiution and that he undergo imprisonment in the Cumberla d C n ounty Prison for a period of not less than two months nor more than eight3en months.Sentence to ru n concurrent to the sentences :teretoforo apose0antence of the court at 431 Criminal 1986 Count Al is th t th , a e defendnt pay the costs of prosecution z.nd restitution and that he undergo imprisonment in th C e umberland County Prison for a period of not less than two months nor more than twelve months Sentenc . e to run concurrent to the sentences heretof- ore imposed. It appearin; that the defendant has been incarcerated since Feb_uary 27,1986,he ie paro_ad immediatel on di i y con t on that he be and remain in good behavior and that he make regular a t p ymen s as directed by the Cumberland Counq Probation Department on restitution hereia ordered i n accordance with his abilities. The above period of parole shall be with supervision. By the Court, FILED: July 24, 1990 Kevin A.Hess,JUdge IN RE: RULE TO SHOW CAUSE ORDER OF COURT AND NOW, July 23, 1990, in consideration of the attached petition, the court issues a Rule to Show Cause on the defendant why he should not be adjudged in contempt of court for failing to pay the sums set forth in the petition. The Rule is returnable and the hearing shall be held on August 17, 1990, at 10:00 o'clock AM, in Courtroom No. 4 Cumberland County Courthouse, Carlisle, Pennsylvania. Service of the Rule to be made on Defendant by certified mail, return receipt requested and by regular mail. By the Court Kevin A. Hess, J. FILED: AUGUST 20,1990 IN RE:BENCH WARRANT ORDER OF COURT AND NOW,This 17th day of August 1990,at 10:20 A.M. a bench warrant is issued for the arrest of the defendant. By the Court, FILED: SEPTEMBER 4, 1990 Kevin A , INRE: BENCH WARRANT ORDER OF COURT AND NOW, this 31st day of August, 1990, upon payment of $100.00 on account of the sums due, and with the understanding that the defendant will pay the sum of $100.00 per week on his account, he is discharged from custody. Should a payment be missed a bench warrant shall be issued without further order of court. Xthe Court, vin A. (less, J. COMMONWEALTH VS. KENNETH D. CLARK 357 CRIMINAL 1986 FILED: SEPTEMBER 4, 1990 IN RE: BENCH WARRANT ORDER OF COURT AND NOW, this 31st day of August, 1990, upon payment of 5100.00 on account of the sums due, and with the understanding that the defendant will pay the sum of $100.00 per week on his account, he is discharged from custody. Should a payment be missed a bench warrant shall be issued without further order of court. By the Court, Kevin A. Hess, J. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - CRIMINAL - DIV. NO. 357 CRIMINAL 19 COMMONWEALTH Err 'q DY R's?tion D.Oad Chad. VS Kennatn Donuin Clark 2729 Kerr Street Harrinburg,PA 17100 I ?.. to IAAA RY )ISTRicT WTICE 27 50 COMMITMENT WITNESS :ONSTABLE MOTION FOR NEW TRIAL )!STRICT ATTORNEY 1 .00 SHERIFFCOSTSg4 ?-3L'. LC :HERIFF 1 50 CERT.TOSTATE _ AW LIBRARY POSTAGE :UMB. CO. USE 15. 00 INE Domestic Violence 10. 00 :E NCH WARRANT 'AKING BAIL OR REVOKE ILING PAPERS ETC. DD UBPOENAS - IOLLE PROS. ONTINUANCE AKING RECOGNIZANCES ORFEITURE OF ECOGNIZANCES DST PAID: g C[(4, Tg JI C1 3? °'i [' J ?\ la `f` FILED:MAY 19,19 86, CITATION OF STATUTE AND SECTION 18,PA C.S.A.3922 (CT A) FILED:MAY 19.19 86, CITATION OF STATUTE AND SECTION 18 PA C.S.A. 4105 (B) AM E COPY FROM FOORD INTMONRWhe(wf,Ihwwb$ dmyhand andfteWdWdGKddC8MK FA. 4h, ? ? C0111w u(d Cou ry IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - CRIMINAL - DIV. OTN: B-577066-0 COMMONWEALTH VS 2729 D. Clark St. Harrisburg, PA 17103 o WillD.#.l Box 401 low Glen Road Dillsburg, PA 17019 ?n APRIL 3, 1986- ------------- 00 I NO. CRIMINAL 19 86 6 CCP 3-20-86 $1, Clark Commonwealth Domestic Vio PAPERS .0 1 OF I .y ii .. Y J 10 0 i Z 7'' FILED: 5/7/86 PETITION FOR WRIT OF HABEAS CORPUS, OR, IN THE ALTERNATIVE, MOTION TO QUASH RETURN OF DISTRICT JUSTICE TRANSCRIPT FILED: MAY 8, 1986 ORDER OF COURT AND Noll, this 7 day of may, 1986, after consideration of the within Petition and on motion of Frederick I. Huganir, Esq., Attorney for Petitioner, it is hereby ordered that a hearing be scheduled for Wednesday, the 14th dayof May, 1996 A vt_1:30 o'clock P.m. in the Old Court Room Cumberland County Court House, Carlisle, By the Court, Kevin A. lies" J. Copy 5-8-86 Copy 5-8-86 { FILED: ORDER OF COURT AND NON,This 13th day of May 1986,hearing set for Wednesday May 14,1986,at 1:30 P.M. is continued to Thursday,May 22,1986, at 11:30 A.M. In Courtroom No.4 Cumberland County Co:•rthouse,Crrlisle. , Pennsylvania. By the Court, Kevin A.fiess,J. FILED 61AY 19,1986,CITATIOH OF STATUTE AND SECTION 18 PA C.S.A.3922(A-1) FILED MAY 19,1986,CITA':ION OF STATUTE AND SECTION 18 PA C.S.A.3922 (A-2) FILED MAY 19,1986,CITATION OF STATUTE AND SECTION 18 PA C.S.A.4105 (B-1) FILED I4AY 19,1986,CITATION OF STATUTE AND SECTION 18 PA C.S.A.4105 CT.(B-2) FILED MAY 19,1986,CITATION OF STATUTE AND SECTION 18 PA C.S.A.4105 CT.B-3) FILED MAY 19,1986,CITATION OF STATUTE AND SECTION 18 PA C.S.A.4105 CT.(B-4) FILED MAY 27,19C6 IN REAPPOINTMENT OF COUNSEL ORDER OF COURT AND NOW,•:his 22nd day of May 1986,at 10:45 a.m. the defenda.it, KENNETH D.CLARK,having appeared in open court without the benefit of eounsel,the Public Defender is appointed to represent him on the abovecaptioned matters. BY THE COURT, KEVIN A.HESS,J. FILED:MAY 27,1986 IN RE:GUILTY PLEA AND SENTENCING ORDER OF COURT AND :fO::,This 22nd day of ::ay 1986,at 11:06 A.M. the defeneant, KENNETH D.CLARK,having appeared in open court together with the Public Defender, Frederick I. Huganlr, Esquire, and having tend-:red pleas c1 ouilty at 431 Crim- inal 1906,to Count ,l1,Theft By Deception,a misdemeanor of the third degree, and to Court A2,Thaft By deception,a misdemeanor of the second degree,and to Counts r3 and 04,summary offenses of Bad Check and at 357 Criminal 1SD6,•;o Count B, a count of Bad Check,graded a summary offense,and t? 432 Criminal 1986,to a count of Bad Chock,a summary offense,which pleas are accepted and recorded in full s,tisfaction of all charges alleged at the above numbers and terms, Sentence of the Court at 431 Criminal 1986,Counts B3 and B4;and at 357 Criminal 1986,Count B and at 432 Criminal 1986 all summary offense-,is that the defendnt pay the costs o! prosecution and restitution and that he undergo imprisonment in the Cumbetlane County Prison for a period of not less than fortyfive days nor more than ninetydays. Sentence of the court at 431 Criminal 1986,Count A2 is that the defendant pay the costs of prosecution and restiution and that he undergo imorisonmant in'the Cumberland County Prison,for a period of not less than two months more Twelves months. S ence to run Qncurrent tQ e?h[?e sentellCea he etoftRre in COun is t ?e entente o t e court at 4c31 Criminal 1986,C t a de andnt pay the costs of prosecution and restitution and that he undergo imprisonment in the Cumberland County Prison for a period of not less than two months nor more than twelve months. Sentence to run concurrent to the sentences heretof- ore imposed. It appearing that the defendant has bean incarcerated since February 27,1986,he is paroled immediately on condition that he be and remain in good behavior and that he make regular payments as directed by the Cumberland Counv Probation Department on restitution herein ordered in accordance with his abilities. The above period of parole shall be with supervision. By the Court, Kevin A.Hess, Judge FILED:JUNE 11, 1986, GUIDELINE SENTENCE FORM COMMONWEALTH VS. KENNETH D. CLARK 431 CRIMINAL 1986 FILED: July 24, 1990 IN RE: RULE TO SHOW CAUSE ORDER OF COURT AND NOW, July 23, 1990, in consideration of the attached petition, the Court issues a Rule to Show Cause on the defendant why he should not be adjudged in contempt of court for failing to pay the sums set forth in the petition. The Rule is returnable and the hearing shall be held on August 17, 1990, at 10:00 o'clock AM, in Courtroom No. 4 Cumberland County Courthouse, Carlisle, Pennsylvania. Service of the Rule to be made on Defendant by certified mail, return receipt requested and by regular mail. By the Court Kevin A. Hess, J. FILED: AUGUST 20,1990 IN RE:BENCH WARRANT ORDER OF COURT AND NOW,This 17th day of August 1990,at 10:20 A.M. a bench warrant is issued for the arrest of the defendant. By the Court, Kevin A.Hess,J. FILED: SEPTEMBER 4, 1990 IN RE: BENCH WARRANT ORDER OF COURT AND NOW, this 31st day of August, 1990, upon payment of $100.00 on account of the sums due, an d with the understanding that the defendant will pay the sum of $100.00 per week on his account, he is discharged from custody. Should a payment be missed a bench warrant shall be issued without further order of court. By the Court, Kevin A. Hess, J. : ` +, i0 i DEC - 8 Vqj? DIANA CLARK, : IN THE COURT OF COMMON PLEAS OF ?jCOUNTY, PENNSYLVANIA Plaintiff : CUMBERLAND V. N0.99 _RL4 J CIVIL TERM CIVIL ACTION - LAW KENNETH D. CLARK, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this )C) day of December, 1999, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before t RK C) Esquire, Custody Conciliator, located at3q ?) MC11(1 ?h ??'CC'rYT1\ n ' 1'l?, of , 2000, at _VJL. (3 o'clock 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. 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. FOR THE COURT, By: ? QU.?. .e t`C? , E it (enl Custody Conciliator cc: James J. Kayer, Esquire Attorney for Plaintiff Kenneth D. Clark, pro se n `"`?? la•14.1a e&& frC I! I i'; 3: 21% GJi Ty W.- . 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone(717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans 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. James J. Kayer, Esquire Attorney for Plaintiff 4 East Liberty Avenue Liberty Loft Carlisle, PA 17013 (717) 243-7922 DIANA CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO.99-y> Y? CIVIL TERM CIVIL ACTION -LAW KENNETH D. CLARK, Defendants : IN CUSTODY PETITION FOR CUSTODY COMES NOW, Plaintiff, Diana Clark, by and through her attorney, James J. Kayer, Esquire and avers as follows: 44050 1. Plaintiff is Diana Clark, an adult individual, residing at 413 Palomino Court, LaGrange, Ohio, 2. Defendant Kenneth D. Clark, an adult individual, whose current address is 457 North Pitt Street, Cumberland County, Carlisle, PA. Name 3. Plaintiff seeks custody of the following children: Present Residence Age Samantha Marie Clark, 457 North Pitt Street, Cumberland County, Carlisle, PA, born September 10, 1986. Nicole Rachel Clark, 457 Pitt Street, Cumberland County, Carlisle, PA, bom September 9, 1988. The children were bom in wedlock. The children are presently in the custody of the Defendant. During the past five years, the children have resided with the following person(s) at the below address(es): April 1998 to November 1999 with both parents at 457 North Pitt Street, Carlisle. January 1998 to March 1998 with both parents at 5040 Spring Road, Shermansdale, Pa. August 1996, to January 1998, with both parents at Hockersville Road, Hershey, PA. May 1995 to August 1996, with both parents at Swatam Avenue, Hershey, PA. 1993 to May 1996 with both parents at South 13"' Street, Lebanon, PA. The mother of the children is Diana Clark, an adult individual whose current address is at 413 Palomino Court, LaGrange, Ohio, 44050 3. The father of the children is Kenneth Clark, an adult individual, whose current address is 457 North Pitt Street, Cumberland County, Carlisle, PA. 4. The relationship of Plaintiff to the children is that of the mother. The Plaintiff currently resides with the following person(s): Name Relationship John Moore Roommate 5. The relationship of the defendant to the children is that of father. 6. 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. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 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. 8. The best interest and permanent welfare of the children will be served by granting primary physical custody of the children to the Plaintiff. The Plaintiff has been the primary caretaker of the children over the course of the parties' marriage. Additionally, the Defendant has previously threatened violent acts involving the family and has threatened to deprive the Plaintiff of all access to the children. 9. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, names below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim None WHEREFORE, Plaintiff requests the court to grant custody of the children to Plaintiff. Respectfully submitted, Date: / 2 ?? //? Carlisle, PA 17013 Superior Ct. I.D. 50838 VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsel and not my own. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. § 4904, relating to unswom falsification to authorities. r?a Date: NWrn??lcr q , 1999 ?N C h T ', E DIANA CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99 - 7345 CIVIL TERM : CIVIL ACTION - LAW KENNETH D. CLARK, Defendant : IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I, James J. Kayer, Esquire, being duly swom according to law, deposes and says that he is the attorney for Plaintiff, DIANA CLARK, and that he did serve a true and correct copy of the Petition for Custody that was filed in the above matter, by U.S. Mail, postage prepaid, certified with restricted delivery, return receipt requested, unto the Defendant, KENNETH D. CLARK, on December 10, 1999. The return receipt is attached hereto. Sworn to and subscribed before me er 1999.. Q t 1 =5th of Dec C-) A f\ Q' 11. CA.rbLC4 ?'r oi5ry Public -- •C rplN.Ilan t myu 21«.dAw SWAML Iel9o vAeh me" C16 ???s NOTARIAL SEAL otary PubC: AMONTI DENISE PIN •ComyYe name s, 4a end fib. • wa pda your name end eddro en tho u Of live fonll w do M rat= WS extra fee) '""" E , gh, Cumberland CC Carlislr 8orou LL Cold to .Attach=1,° ;toe fto(A of" mWpiw, a en tM be* H SNM da na 1.? Addressee's Address to •(:...? _^Expires Nov.. 12=1 . ms•R?q?? WW sr n%00M WOW ft NkM nniWC 2.0 Resblcted Delivery i •1he Rat= R"Pt MC Yaw to wu delvered and the date Consult postmaster for fee. delhWO TL C C . 3. Article Addressed to: d? C p$?{ r? pt C-L e Service T 4b Qg u N ?? yp . ? Registered r8tled ?. . ? t ?\S?? -l, X10\3 ? Express Mall ? Insured 5! \`•"r?- , ?ealaMetc,erwsa ? COD ? 7. Date of Dell ve ? 19- D- ( 5. Received By: (Print Name) 8. Addressee's Address (Only it requested r and fee Is paid) 6. Sign . (Addresse AD .2 PS 11, December 1994 10259"7-"In Domestic Return Receipt r z ?G E'aO Q W f ? ¢ 3 ' f U ?? .77 w U r6 0 4) u LLzNC j ?0z• W3xw0 o M {y r> u Q u 7"" 1 ?N s N Ln 3 O ?a n p Q ? o ?,I CJ o h? m n ^' n r' G ' 3. TI IIIM El: C (703 4 r_? r-7 LL 111 rn 7 G T =? r? L) DIANA CLARK IN THE COURT Oh COMMON PLEAS OF PLAINTIFF : CUM13L'RLAND COUNTY, 1'13NNSYLVANIA V. 99-7348 CIVIL ACTION LAW KENNETH CLARK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, January 13, 2004 , 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 Mechanicsburg, PA 17055 on hfonday, February 23, 2004 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 TI IE COURT. By: /s/ Dawn S Sunday E9. 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 SIIOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO'rO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County 13ar Association 32 South Bedford Street Carlisle. Pennsylvania 17013 'telephone (717) 249-3166 JAN \ 2003 DIANA CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-7348 CIVII.'f - KENNETH CLARK. Defendant IN CUSTODY ORDER OF COURT AND NOW, 2004, upon consideration of the attached Stipulation Regarding CusiodyNisitation, it is hereby directed that the parties and their respective counsel appear . the conciliator, at before on the day of 2004, at o'clock, _.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 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 Rclief order, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle. PA 17013 Telephone (717) 249-3166 5 10 DIANA CLARK, IN THE COURTOF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. , No. 99-7346 CIVIL TERM KENNETH CLARK, Defendant IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, thisL day of v 2004, in consideration of the attached Stipulation regarding custody, pending a Conciliation Conference, it is hereby Ordered that: The Mother shall have primary physical custody of Samantha Clark and Nichole Clark. The Father shall have temporary physical custody as follows: (a) During each weekend where Samantha and Nichole have either a Friday or Monday off of school. (b) Other weekends as may be mutually agreed upon by the parties. 3. Diana Clark and Kenneth Clark shall have joint legal custody of Samantha Clark and Nichole Clark. 4. Parties are to designate a half-way point to meet to effectuate custody exchanges. 5. While in the other party's custody, each parent shall have reasonable phone and e-mail contact with the children. 6. at all times. lam` \o?-„ oO D4 Mother shall keep the Father notified of her current address and telephone number BJ ^? C?. t w.:. ? J i? l • ,T.y? DIANA CLARK, Plaintiff KENNETH CLARK, Defendant IN'rim COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA No. 99-7348 CIVIL TERM IN CUSTODY STIPULATION REGARDING CUSTODY/VISITATION Plaintiff Diana Clark, hereinafter referenced as "Mother." and Defendant Kenneth Clark. hereinafter referenced as "Father;' hereby agree to the following terms in an Order defining custody and partial custody rights and responsibilities in relation to Samantha Clark, born 9/10/86, and Nichole Clark. born 9/9/88. The Mother shall have primary physical custody of Samantha Clark and Nichole Clatk. .'.. The Father shall have temporary physical custody as follows: . (a) During each weekend where Samantha and Nichole have either a Friday or Monday off of school. (b) Other weekends as may be mutually agreed upon by the parties. I Diana Clark and Kenneth Clark shall have joint legal custody of Samantha Clark and Nichole Clark. 4. Parties are to designate a half-way point to meet to effectuate custody exchanges. 5. While in the otl. : party's custody, each parent shall have reasonable phone and e-mail contact with the children. 6. Mother shall keep the Father notified of her current address and telephone number at all times. FAO( l N.: / ,/`-"f/ Date Diana Clark l I Kenneth Clark lessica . ian .nd.ume. Esc -- -71-3 '5;Y L ,a i lil -: CJ CL, C6 c `3 LLI a j ?_ b^r La cD lV DIANA CLARK, ? Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 99-7348 CIVIL ACTION LAW KENNETH CLARK Defendant IN CUSTODY ORDER OF COURT AND NOW, this _ 3 1 S'f day of In "A 1 2004, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: upon I. The prior Orders of this Court dated January 15, 2004, April 11, 2001, and March 6, 2000 are vacated and replaced with this Order. 2. The Mother, Diana Clark, and the Father, Kenneth Clark, shall have shared legal custody of Samantha Clark, bom September 10, 1986, and Nichole Clark, bom September 9, 1988. Each parent shall have an equal right, to be exercised jointly with the otherparent, to make all majornon- 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. Pending resolution of the criminal charges arising from an incident between the Father and Samantha and further Order of Court or agreement of the parties, the Father shall have supervised periods of custody with the Children upon providing reasonable advance notice to the Mother. The supervised periods of custody shall be scheduled by the Mother, at the Father's request, at an appropriate facility in the Pittsburgh area where the Mother resides. The parties shall equally share any costs of supervision. 5. The Father may have periods of unsupervised custody if agreed by both parties to be in the best interests of the Children. For periods of custody at the Father's residence, the parties shall exchange custody at a mutually agreeable half-way point between the parties residences. 6. The Father shall be entitled to have reasonable telephone and email contact with the Children. i Vi^ : •i"" pie 'l Y.: 7. The Father shall pack the Children's personal belongings and make them available for transportation or mailing as arranged by the Mother. 8. Upon conclusion of the criminal proceedings, the Father may contact the conciliator, through counsel, to schedule an additional custody conciliation conference to review the custody arrangements. 9. The Mother shall keep the Father notified of her current address and telephone number at all times. 10. 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 COURT, I a/, ea #1 lesley Oler, cc: Michael J. Whare, Esquire - Counsel for Mother ea mv_?L?? ,y_ p,. o Y Jessica Diamondstone, Esquire - Counsel for Father , DIANA CLARK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. KENNETH CLARK Defendant Prior Judge: J. Wesley Oler, Jr. 99-7348 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT 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 Samantha Marie Clark September 10, 1886 Mother Nichole Rachel Clark September 9,1988 Mother 2. A Conciliation Conference was held on March 19, 2004, with the following individuals in attendance: The Mother, Diana Clark, with her counsel, Michael J. Whare, Esquire, and the Father's counsel, Jessica Diamondstone, Esquire. The Father, Kenneth Clark, was not present at the conference. 3. This Court initially entered an Order in this matter on March 6, 2000, denying the Mother's request to relocate the Children to Ohio, granting the Father primary physical custody of the Children and granting the Mother partial custody for the majority of the summer and during all major school breaks. The Order was modified by agreement on April 11, 2001 to provide for the Mother to have custody of Samantha for the entire summer, along with other minor changes to the existing Order. In July 2003, the Mother filed a Petition for Emergency Relief, immediately following the initiation of criminal charges by the parties' 17 year old daughter, Samantha, against the Father. In connection with the Petition, the parties signed a stipulation in January 2004 providing for the Mother to have primary physical custody of the Children and the Father to have partial physical custody on weekends when the Children have either a Monday or Friday off school. The matter was referred to conciliation by the Court. pI 4. It was confinned at the conference that the Father received notice of the conciliation date more than two weeks in advance. Approximately one week before the conference, the Mother requested that the date be rescheduled due to the serious health condition of her mother. As of two days before the conference the Father refused to reschedule at the Mother's request, insisting that the conference take place as planned. At the end of the day before the conference, the Father contacted the conciliator to request a continuance as he had forgotten an important medical appointment the following day. As it was too late to address the Father's request, all participants except the Father appeared for the conference, including the Mother, who had traveled from the Pittsburgh area. 5. The Father's counsel indicated that the Father seeks partial physical custody of the Children on alternating weekends, with the Mother providing all transportation to and from the Pittsburgh area. 6. It was determined during the conference that Samantha, age 17, filed a criminal complaint against the Father on July 21, 2003, alleging that he struck her several times. Counsel indicated that the Father had just had his preliminary arraignment and that this matter was expected to be concluded in May or early June. Email communications between the Father and the Children were shared at the conference as well. 7. The Mother stated at the conference that the girls are afraid of the Father since the July 2003 incident and do not want to stay with him in Pennsylvania. A proposal was discussed, with counsel participating on the Father's behalf, which would enable the Father to have contact with the Children pending resolution of the criminal charges in a supervised setting in the Pittsburgh area, for which the Mother would be responsible to make arrangements at the Father's request. 8. Based upon the representations made by the Mother and counsel for both parties at the conference, the conciliator recommends an Order in the form as attached. / lrctic(? 3? Jeo? Date Dawn S. Sunday, Esquir Custody Conciliator DIANA CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 -73 YF CIVIL TERM CIVIL ACTION - LAW KENNETH D. CLARK, Defendants : IN CUSTODY PETITION FOR CUSTODY; COMES NOW, Plaintiff, Diana Clark, by and through her attorney, James J. Kayer, Esquire and avers as follows: 44050 1. Plaintiff is Diana Clark, an adult individual, residing at 413 Palomino Court, LaGrange, Ohio, 2. Defendant Kenneth D. Clark, an adult individual, whose current address is 457 North Pitt Street, Cumberland County, Carlisle, PA. Name 3. Plaintiff seeks custody of the following children: Present Residence Age Samantha Marie Clark, 457 North Pitt Street, Cumberland County, Carlisle, PA, born September 10, 1986. Nicole Rachel Clark, 457 Pitt Street, Cumberland County, Carlisle, PA, born September 9, 1988. The children were born in wedlock. The children are presently in the custody of the Defendant. During the past five years, the children have resided with the following person(s) at the below address(es): April 1998 to November 1999 with both parents at 457 North Pitt Street, Carlisle. January 1998 to March 1998 with both parents at 5040 Spring Road, Shermansdale, Pa. August 1996, to January 1998, with both parents at Hockersville Road, Hershey, PA. has physical custody of the children have been named as parties to this action. All other persons, names below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim None WHEREFORE, Plaintiff requests the court to grant custody of the children to Plaintiff. Respectfully submitted, Date: / Z ?6 /? I Superior Ct. I.D. 50838 Carlisle, PA 17013 DEC - 8 1 DIANA CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 -? CIVIL TERM CIVIL ACTION - LAW KENNETH D. CLARK, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this \C) day of December, 1999, upon consideration of the attached Petition, it is hereby directed that the parties and their respective ccounsel appear before /(1S > Esquire, Custody Conciliator, located at S9 Q 1\R 7\,?X6 M\(4Nn of 2000, at Ub o'clock _t\_.M., for aPre-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. FOR THE COURT, By: , E it Custody Conciliator cc: James J. Kayer, Esquire Attorney for Plaintiff Kenneth D. Clark, pro se ?a/r?f?q? 6yp" mal/ 6-1.1440 &Py -?, 4 HiN,,rdAlXSNN:-d hC -C li 3 h I lio G(O 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 1701:3 Telephone (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans 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. James J. Kayer, Esquire Attorney for Plaintiff 4 East Liberty Avenue Liberty Loft Carlisle, PA 17013 (717) 243-7922 a Lr' ? y 4 -a ( 1? -i C.7 r I m D y o 01 r D O x N N - J (D • . j N A w . w Q. J p?j r co p C3 N O @ l p o O ? D . a =3 w ? C (D DIANA CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99 - 7348 CIVIL TERM V. : CIVIL ACTION -LAW KENNETH D. CLARK, CUSTODY Defendant AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is the the attorney for Plaintiff, DIANA CLARK, and that he did serve a true and cco rc certified with Petition for Custody that was filed in the above matter, by U.S. Mail, postage prepaid, restricted delivery, return receipt requested, unto the Defendant, KENNETH D. CLARK, on December 10, 1999. The return receipt is attached hereto. Sworn to and subscribed before me tji 5th day of Dec bed 1999.. o *aryublic NOTARIAL SEAL DENISE PINAMONTI, NoWY Wr6P= Carlisle Borough, Cumbsrlertd 104%, s for.ddWW SM AM. IC40OWN MM -f? CPdam NNan+?? rmlMnwu join term so OW we can rdunM4 d r C youn" r1w .Aptl?r.m.hI1YY.fambarsonldMsn s' -,aronIMsuks?0@WdowM .WdM'R.e.rr N..W ft wwaner WONa .TM Rdum R.oW A OM 10 e dNN.rdd. ?_ • . Artlde Addrtresed te: 6. ReceNed By. (Pint Nerve) d. Slgn Addresee ?. ! PS 11, DecerRe.r 1g1µ 1aim ?> 1P 010" ft an .` extra tee): f. ? Addrwes'sAddress 2. ? Restricted DdWery COrls111t pownseter for fire. 5 O Registered 1] EWeee Male end fee is peld) 1025es97ao179 UOU V4 -r [3 Insured 1] COD DIANA CLARK, VS. KENNETH D. CLARK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA On to. NO. i38-7348 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT .3000 AND NOW, this day of , 1A99, upon ,A I consideration of the attached Custody Co ciliatio Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. of the Cumberland County Court House, on the 17? day of 9 2000, at CVUj o'clock Cc .m., at which time testimony willtaken. For purposes of this Hearing, the Mother, Diana Clark, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a :List of witnesses who are expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the Hearing date. 2. Pending further order of Court or agreement of the parties, the parties shall have shared legal custody of Samantha Marie Clark, born September 10, 1986, and Nicole Rachel Clark, born September 9, 1988. The Father shall have primary physical custody of the Children. The Mother shall have partial physical custody of the Children over the President's Day weekend from Saturday morning at 6:00 a.m. until Monday at 6:00 p.m. In addition, the mother shall have custody of the Children over their Spring break from school from the last day of school before Spring break through the day before school resumes, at times to be arranged by agreement of the parties. 3. Exchanges of custody under this Order shall take place at a half way point between the parties' residences at Exit 6 (Monroeville) of the Pennsylvania Turnpike. 4. The Father shall ensure that the Children contact the Mother by telephone at least 1 time per week. ` BY THE cc: James J. Kayer, Esquire - Counsel for Mother p 1?u i Thomas Diehl, Esquire - Counsel for Father -QQ R E IN'VA-,\SNN]d ?a 1,1iv(lOJ .... _ 9 Z .zi "-dd LG ?'V'C Gn DIANA CLARK, VS. KENNETH D. CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-7348 CIVIL TERM CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT 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: DATE OF BIRTH Samantha Marie Clark Nicole Rachel Clark September 10, 1986 September 9, 1988 i3AUU2 TLY IN CUSTODY Father Father 2. A Conciliation Conference was held on January 13, 2000, with the following individuals in attendance: The Mother, Diana Clark, with her counsel, James J. Kayer, Esquire, and the Father, Kenneth D. Clark, with his counsel, Thomas Diehl, Esquire. 3. The parties separated on October 19, 1999, at which time the Mother moved to Ohio. The Father has had physical custody of the parties' 2 daughters since that time. The mother filed this Petition for primary physical custody. 4. The parties were able to agree at the Conference on temporary custody arrangements pending resolution of the primary physical custody issue. The parties were willing to attempt to resolve that issue by obtaining a custody evaluation if it were financially feasible. However, after the Conference, counsel for the parties contacted the Conciliator to advise that after thorough investigation, they were unable to locate a professional who could perform the evaluation within the parties' financial constraints. Therefore, it will be necessary to schedule a Hearing in this matter. 5. The Mother's position on custody is as follows: The Mother feels that she was forced to leave the marital residence due to the Father's relationship with his girlfriend who now currently resides with the Father and the Children. The girlfriend's husband has provided the mother with a place to live in Ohio where the Mother has obtained employment and intends to reside permanently. The Mother expressed concern that the parties' oldest daughter had been marked tardy at school on a regular basis for a period of time and also that the Father and older child were having serious disputes. In addition the Mother stated that the parties' younger daughter has a medical condition which requires substantial life style adjustments and the Mother believes she is more willing and able to provide for the Child's special needs. Finally, the mother expressed concern that the Father does not currently have a driver's license and would not be able to transport the Children in an emergency. The Mother believes it would be in the Children's best interest to primarily reside with her in Ohio. 6. The Father's position on custody is as follows: The Father adamantly objects to the Mother's proposal to relocate the Children to Ohio. The Father stated that the children have been in the Carlisle school district for 2 years and all of their friends and other contacts are located in the local area. The Father believes that he is more than capable of being primary caretaker for the Children and indicated that the Children have expressed a preference to remain in Pennsylvania. According to the Father, the issue involving the Child's tardiness from school has been resolved as his girlfriend now drives the Child to school and she is not permitted to walk. The Father believes it is in the Children's best interests to continue to live in Pennsylvania with him and the Mother's desire to relocate to Ohio does not benefit the Children in any way. 7. The Conciliator recommends an order in the form as attached scheduling a Hearing in this matter and providing temporary arrangements for custody of the Children pending resolution by the Court. It is expected that the Hearing will require 1 day. l /D ('LX oZC?O? ( J'e't Date Dawn S. Sunday, Esquire 0 Custody Conciliator DIANA CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - 7348 CIVIL TERM CIVIL ACTION -LAW KENNETH D. CLARK, Defendant : IN CUSTODY PRE-HEARING MEMORANDUM To: The Honorable Edgar B. Bayley Cumberland County Courthouse Date of Hearing: February 17, 2000 at 9:00 a.m. Submitted by: James J. Kayer, Esquire Kayer and Brown Attorney ID#: 50838 4 East Liberty Street Carlisle PA 17013 (717) 243-7922 DIANA CLARK, Plaintiff V. KENNETH D. CLARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7348 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S PRE-TRIAL MEMORANDUM 1. BRIEF FACTUAL HISTORY Plaintiff, Diana Clark and Defendant, Kenneth D. Clark are the natural parents of two minor children, Samantha Marie Clark, born September 10, 1986 (age 13) and Nicole Rachel Clark, born September 9, 1988 (age 11). The parties are husband and wife and a divorce is currently pending. On or about November 8, 1999, the parties separated. This separation was caused by the husband's insistence to move his paramour into the marital home, an individual he had met on the Internet and who resided in Ohio prior to her move to Carlisle. In the years previous to the parties separation, they have resided together at a variety of locations throughout south central Pennsylvania including Lebanon, from 1992 to 1996, Hershey, from 1996 to 1998, Shennansdale for a short period of time in 1998 and ultimately„ Carlisle as of April, 1998. The parties were married on July 12, 1985 in Harrisburg, Pennsylvania. Their marriage has been fraught with difficulties. The Defendant has always exhibited a manipulative and controlling personality and has on numerous occasions threatened violence upon the mother. On those occasions where the mother has not complied with the Defendant's wishes, he has become violent with her. The problems have become so intense that on one occasion it caused the mother to leave the marital home for one night for fear for her personal safety. While the defendant has never to the mother's knowledge been violent with the children, he has demonstrated a loss of temper and control with them on various occasions during the parties' marriage. Defendant's temper and disposition have caused him to be unable to maintain steady employment. He currently is a self-employed disc jockey. Plaintiff intends to establish in her testimony and the testimony of her witnesses a pattern of behavior which has ultimately caused her to fear for her safety and the children's safety to such a degree, that she will not return to reside in the central Pennsylvania area and is exerting all efforts to remove the children from this area as well. The mother has relocated to La Grange, Ohio. She was initially drawn to the area due to an interesting irony. At the time that she first became aware of the identity of the Defendant's paramour, she was contacted by the paramour's husband. These two "kindred souls" found they shared a bond due to the cruel fate that each of their respective spouses was more interested in each other than preserving their marriages. Upon discovering the mother's fate, this individual, John Moore offered the mother a place to stay to allow her to get on her feet. The mother has now obtained steady employment in the La Grange area, and discovering the area to her liking, has decided to make it to her new home. The Plaintiff did not remove the children with her for two very basic reasons. First, she did not want to disrupt the children's schooling or lifestyle as she did not intend at the time of her flight from the marital home that her relocation out of the area was to be a permanent one. Secondly, the defendant had threatened that he would murder her in the event that she tried to take the children out of the home or pursue her legal rights for custody. The parties had one custody exchange prior to the Christmas holidays. Upon completion of that custody exchange, the Defendant threatened to keep the; children from the mother over the Christmas holidays and on into the future. Only after the ]Defendant became represented by counsel did he ultimately allow the mother to have access of the children over the Christmas holiday. The mother and her relatives have been denied meaningful access by telephone and e- mail with the children since the parties' separation. Mother, through her testimony and those of her witnesses will describe the obstacles and attitude they have encountered from the Defendant when they have attempted to contact the children. Defendant has no valid driver's license and is on probation due to his repeat offenses for driving on a suspended license. He has also encountered difficulties in getting the children to school. The Plaintiff will establish through records obtained from the school the extreme measures that the Carlisle School District has had to take to counter an apparent attendance and truancy problem that has developed since the parties separated. The Plaintiff believes that the children's best interest will be promoted in establishing primary physical custody of the mother due to the unstable environment, and lack of supervision in the father's home. One of the key considerations in custody cases when determining which household should be awarded primary physical custody is the promotion of contact with the other parent. The Defendant has demonstrated, through his words and deeds that a promotion of contact is the furthest thing from his mind and in order for the children to enjoy a healthy relationship with both parents and their extended families, the only alternative is to award primary physical custody with the mother. II. WITNESS LIST Diana Clark, Plaintiff - the children's mother shall testify concerning her relationship with the children and her causes for concern regarding the care and attention that they receive from their father. She will testify that during the marriage, she was the primary care taker of the children, and will testify regarding her fear of the Defendant. Jennie McMullan - the children's maternal grandmother will testify regarding her observations of the interactions between the children and each parent as well as her personal knowledge of the verbal physical abuse that occurred in the parties' marriage. As the parties lived for significant periods of time in Ms. McMullan's household, she had ample opportunity for such direct observations. Pamela Sultzaberger - the Plaintiff's cousin will testify regarding the lack of access that she has been provided by the father and the ultimatums that he has communicated to her verbally and through e-mail. She will also testify regarding an incident in the parties' past in which the father arranged for the children to stay at home unsupervised while he performed his work as a Disc Jockey. Plaintiff reserves the right to call any witnesses listed upon the Defendant's pre-trial memorandum. III. RELIET SOUGHT Plaintiff, Diana Clark seeks an order whereby the parties would continue to share legal custody of the children and plaintiff would enjoy primary physical custody of the children and the Defendant would enjoy certain specified rights of partial physical custody. Due to the distance between the parties it is anticipated that such periods of partial physical custody would occur approximately one time per month during the school year and that the Defendant would enjoy the majority of the children's summer vacation. The Defendant would also enjoy the benefit of most of the other "school breaks" that exist during the scholastic year. While the mother remains concerned regarding the children's safety and welfare in the father's home, she would understand if the Court did not commence her period of primary physical custody until after the current school year completes. If the Court were to rule in this manner, she would request that she be provided with the majority of summer 2000 as she has not had significant access to the children since the parties' separation in November 1999. While the relief sought by the plaintiff would require the children to relocate, she believes that given the significant concerns that exist regarding the father's relationship with the children, and the manner in which he runs his household, the fact that she has been the primary caretaker of the children throughout the parties' marriage, as well as the father's apparent inability to get the children to go to school, such an arrangement in the children's best interest. She also is confident that her ability to promote visits and a relationship between children and father far exceeds the father's stated intention to not reciprocate in kind. Respectfully submitted, Date: 2 1710 ii (713) 243-7922 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing PLAINTIFF'S PRE-TRIAL MEMORANDUM was served on the following persons by First-class mail, postage prepaid, by forwarding a true and correct copy unto: Thomas Diehl Suite 103 401 East Lowther Street Carlisle PA 17013 and Honorable Edgar B. Bayley 1 Courthouse Square Carlisle PA 17013 Date 2 7 V V (717) 243-7922 DIANA L. CLARK, Plaintiff V. KENNETH D. CLARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 99- 7348 CIVIL TERM IN CUSTODY PRE-HEARING MEMORANDUM OF THE DEFENDANT 1. Position of Defendant Kenneth D. Clark, herein after referred to a "Father," and Diana L. Clark, herein after referred to as "Mother," are the parents of Samantha Marie Clark, born September 10, 1986, and Nicole Rachel Clark, born September 9, 1988. On or about October 23, 1999, Mother left the parties" marital residence located at 457 North Pitt Street, Carlisle, Pennsylvania, leaving the parties' children in the care of the Father. Mother did not leave a forwarding address or telephone number through which she could be contacted. Thereafter, Mother informed Father that she had relocated to Ohio, and made arrangements to pick up the remainder of her belongings from the marital residence on November 13, 1999. Since November 13, 1999, the day Mother removed the remainder of her belongings, the Father and the children have resided with Bonnie Moore, the Father's girlfriend. Since relocating to Ohio, Mother has resided in a mobile home owned by John Moore, Mother's boyfriend. In order to avoid unnecessary confusion, it should be pointed out that the Moore's are currently married. Father avers that his residence provides a more stable; atmosphere in which to rear the children. The residence is within walking distance of the children's school, and is in closer proximity to both parties' relatives, who primarily reside in South Central Pennsylvania. There are no known relatives of either party, who enjoyed contact with the children, who reside in Ohio. Father is self-employed as a disc jockey, which affords him the opportunity to maximize his contact with the children throughout the weekdays. Mother is currently employed as a cook in a tavern in Ohio. To Father's knowledge, it is the first job that she has ever held as a cook. As the schooling, extracurricular activities, and family relations of the children are located in South Central Pennsylvania, it is the position of the Father that: (1) It is not in the best interest of the children to relocate with Mother to Ohio as their standard of living will by no means improve through the relocation; (2) Mother's relocation to Ohio is not rationally based, and therefore would only have the effect of unreasonably limiting Father's contact with the children; (3) Temporary physical periods of custody with the Father over the summer and/or holidays would not be an effective substitute for the Father's established history of extended, involved, and regular contact with the children; and (4) The children should remain with Father as he has been the primary caretaker of the children throughout their childhood, as well as their exclusive caretaker since the parties' separation. H. Witnesses 1. Kenneth D. Clark The Defendant, who is the Father of the children, is to testify why it is in the children's best interest that he provide their primary car, including his history of providing a nurturing environment for the children. 2. Bonnie Moore The Defendant's girlfriend, having resided with the Father and his children since November 13, 1999, will testify to her observations of the Defendant's fathering skills. Furthermore, she will bolster the Defendant's testimony concerning his ability to be the primary caregiver of the children. 3. Mike Rodriquez This witness is a member of the Salvation Army, the church that the children attend. His testimony will concern the children's involvement with the church as well as his observations of Mr. Clark's participation with the children. 4. Captain Cocker This witness is a member of the Salvation Army, the church that the children attend. His testimony will concern the children's involvement with the church as well as his observations of Mr. Clark's participation with the children. Respectfully submitted, Date: February 8, 2000 Attorney for Defendant 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 CERTIFIACTE OF SERVICE I hereby certify this 8 h day of February 2000, that a true and correct copy of the foregoing memorandum was served on the following individual at the below listed address by first-class, postage pre-paid mail: James J. Kayer, Esquire Kayer & Brown 4 East Liberty Avenue Carlisle, PA 17013 By / ,- „' ?- ti' T4tc as S. Diehl, Esquire Attorney for Defendant 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 Kayer and Brown Attorneys At Law A Professional Corporation Liberty Loft 4 E. Liberty Avenue Carlisle, Pennsylvania 17013 e-mail: jkayer@epix.net Telephone: (717) 243-7922 February 11, 2000 The Honorable Edgar B. Bayley I Courthouse Square Carlisle PA 17013 RE: Clark vs. Clark - In Custody Dear Judge Bayley: FAX: (717) 243-0946 Based upon my review of the defendant's Pre-hearing Memorandum, which I received on February 9, 2000, I am requesting leave to amend my proposed witness list to include John Moore, an individual identified by the Defendant as the Plaintiff's boyfriend. By copy of this correspondence I am advising Attorney Diehl of my intention to call Mr. Moore as a witness. Mr. Moore will testify regarding the scope of any relationship between he and the mother as well as his observations of the difficulties that the father has caused the mother in communicating with the children. Very truly yours, James J. Kayer JJK/vjg cc: Thomas Diehl, Esq. Diana Clark 0v ?Z ow mi ?i 50; U)o 44 v o 0 3 3 O U 0 oft 4 C: z t1i J 00 00 H r H 0 z tzi r M M z H K n x 0 0 r ro x m H H t+l z n t1i f.l. rA a n O z H n 0 r [-] n r x y n wr. rA H I?1 JR J? • This is to certify that: ..................... ?Amarztha ..Glarlt....................... is a Corps Cadet of the: ...................... C 4 r ii.4le.................................. . Date: ..................... March. 24,..1999 ....................... Divisional Commander's Signature ........ e?.G'cGK ..lb; r. f". . ar ................ A................. DEFENDANT'S EXHIBIT This C-r ificora is oworded ro I Sa"faNtba Clark who hos sari sfoctorily corr.platad the --.._... 1------ C..". of CRC/SSTroilring FOR CORPS CADETS 4G5 with o total ?af ............................. points and is. owordad o GOLV CERTIFICATE on _44?Kd 24i.f 999 -- and witnass.?d by ....... 3.: . ........... onn.?_..d11 ................. EXHIBIT al??io y PRS rs ?t * + Having asked God for forgiveness, I will trust Him to keep me good.. " Because-Jesus is my Saviour from sin, l will be His loving`and obedient child and will try to help others to follow Him *; I promise not to use Intoxicating drink, harmful drugs and tobacco. I promise to pray, to read my Bible and, by His help, to lead a life that is clean in thought, word and deed. 6 SIGNED CORPS Cs/yN?2Li.5LE 1-9,4 DATE /?/Ay *9, ?9?Iy "Even a child Is known by his doings, whether his work be pure, and whether. It be right." Proverbs 20.11 r , I ?. ?asx, y 1 the.. :u ny~?YIHY I r ??•n a='Mk,? i *'. V,} ?'"w +Ar Srd+sS `. T r t M1 ,!' d rM P m r Iv I? rvi..x ¦ mdel Having asked God for forgiveness, I will trust Him to keep me good. Because'Jesus Is my Saviour from sin, I will be His loving and obedient child and will try to help others to follow Him:' 1 promise not.to use intoxicating drink, harmful drugs and tobacco. promise to pray, to read my Bible and, by His help, to lead a life that Is clean In thought, word and deed. SIGNED 'I1 1?f?Olr1A\tfu.? `?'1' CDH? CAQLutE /; A n.i DATE "Even a child Is known by hls doings, whether his work . 3' be pure, and whether it be rlght:' Proverbs 2011 a " f + TOINIO "V "Ak Anthology of Poetry by Young Americanse P.O. Box 698 •307 East Salisbury Street Established 1989 Asheboro, NC 2 72 04-0 698 Publishing young poets for eleven years Dear Parent, Congratulations! A poem that Nikki Clark submitted to the Anthology of Poetry, Inc. has been accepted for publication. Earlier in the school year your child participated in a program designed to foster creative expression among young people by submitting a poem to the Anthology of Poetry, Inc. This poem has been selected as one of the most creative submissions and has earned a page in the 2000 edition of the Anthology of Poetry by Young Americans The 2000 edition will be our eleventh year of publishing the Anthology of Poetry by Young Americans . In celebration of over a decade of publishing, we are proud to offer our book in a choice of the original paperback or the new hardback edition. This edition of the Anthology of Poetry by Young Americans will go to print on March 31" and will be available for distribution twenty to twenty-five weeks after March 31". If you wish to give permission to have your child's poem published, please sign and return the following permission slip. If you wish to order a copy of the book refer to the price list below and enclose your check or money order. Once this edition is printed it will not go back to press again. The Anthology of Poetry, Inc. was thrilled to receive the large number of submissions from students and teachers, and proud of the content of these submissions. Because of teachers like your child's, students of many school districts had the opportunity to explore new avenues of creativity and share their poems with many others. We would like to extend a special thanks to all students who participated -- indeed, America's future looks bright. Sincerely,,] M. G. Nickles Editor al!-7lx-7 R:zS P.S. If you have any questions feel free to write to us at the above address or call ('136)626-7762. All permission slips and checks -ked by March 31". Please allow twenty Ti Mp, CARLISLE AREA SCHOOL DISTRICT 623 West Penn Street Carlisle, Pennsylvania 17013-2298 Gerald L. Fowler, Ph.D., superintendent 717.24"800 717.940.0000 January 13, 2000 parent/Guardian of Nicole Clark 1 457 N. Pitt St. 1 Carlisle, PA 17013 Dear Parent/Guardian: On November 15, 2000. I sent you a letter expressing my concern that Nicole had been j absent 13 days that Hamilton Elementary School had been in session. Since that time, Nicole has been absent an additional 9 days. Since attendance is critical for Nicole's educational progress, effective January 21 st, we 7.a1c sr;:. ' will require you to provide a doctor's excuse for any future absences. This excuse must include the following: (A) The dates on which Nicole was examined by a physician. (B) The nature of the illness. (C) The date Nicole may return to school. If you are unable to have Nicole see a physician, you may call the school to arrange to 7 X7'2 have our school nurse examine Nicole. You should call to arrange this examination on the first day o illness. Should there be any circumstances, other than illness, of which 1 am unaware concerning Nicole's school attendance, please call me. If a doctor's excuse or the school nurse's approval is not received, any future absences of Nicole's will be " considered unlawful. Unlawful absences can lead to legal action resulting in fines. We are concerned about the education progress of Nicole. Your cooperation will be appreciated. We want to work with you to ensure a positive and successful school year for your child. 4:?em..:9p:: . 7m-1 Sincerely, Gerald GLB/cb Cc: Margie Spahr PLAINTIFF'S EXHIBIT ))I-1100 l PR5 9 'd XUA vT:b oo, a 'qdd ,..aLE AREA SCHOOL DISTRICT o West Penn Street 6arlisle, Pennsylvania 17013-2298 Gerald L. Fowler, Ph.D.. Superintendent C."AdmMY, YI°^ 1 9,1t0-l? ' .,?e. November 19, 1999 Mr. and Mrs. Kenneth Clark 457 North Pitt Street Carlisle, PA 17013 RE: NICOLE CLARK (D.O.B.: 9/9/88) Dear Mr. and Mrs. Clark, Nicole's absences from school on the following dates were unlawful due to the excessive number of school days missed due to pediculoeis (head lice/nits): NOVEMBER 8 9 AND 10, 1999 Please find enclosed a copy of a letter which was sent to you on November 4th in which it stated that Nicole "must be brought: by a parent to school on or before the this studenttis otnready to return by the designated date, each additional tdaytmay be considered as an unlawful absence. Nicole's unlawful absences are in violation of the Compulsory Attendance Law (Section 1327) of the Commonwealth of Pennsylvania. The.school law of Pennsyl- vania requires a school official to notify the parents of a student of this violation of the law in writing. It is important that you know that should Nicole accumulate any additional. day(s) of unlawful absence you, as parents, are liable fcr a fine(s). If you have any questions regarding this letter or concerns pertaining to Nicole's attendance, please do of hesitate to call me (240-6822). You may also wish to contact Mr. Gerald Boggess, principal of Hamilton Elementary School (240-6791). ?..: Your anticipated cooperation in seeing that Nicole attends school each day is appreciated. Sincerely, PUPIL PERSONNEL SERVICES ?? Margate S. Spahr Home and School Visitor Enclosures cc: Mr. Boggess ?Mrs. Brucks as L•L eBed pepue;x CARLISLE AREA SCHOOL DISTRICT 623 West Penn Street Carlisle, Pennsylvania 17013.2298 Gerald L. Fowler, Ph.D., Superettendent Gnwlndmlwwuen ?u 717.9?POW8 717.71POW9 November 15, 1999 i Parent/Guardien of Nicole Clark 457 N. Pitt St. Carlisle, Pa 17013 e~?; I i Dear Mr.and Mrs. Clark; Nicole has been absent a total of 13 days that Hamilton Elementary School has been in session this year. Hamilton has been in session only 52 days so for this year. N'I;eon 717.240 8740 While we do not want children to come to school when they are ill, it is important that you are aware of the total number of days missed. A student's absence from school can I affect achievement in the classroom. Liz If these absences continue to be a problem, a doctor's excuse will be required for each absence. f,,,Mm,••.v Elar.::;:.:y If there are special problems that have not been brought to my attention, please call me a 240-6790 to share this information. Sincerely, u:mnl;ua 717-210 O ??al lr? ??" 717-210 ON Gerald L. Boggess li7nfl Principal 7 It? 21 17910-4 7b6 GLB/cb M ,'m o"i I Cc: Margie Spahr .- 9 d XUA SS:7 00, 6 •98A ?y Ar W h r a r CLARK NICOLE I 40 ?A„?L CHESTNUT G_ M1 ?, ? ,.t+ R ? . r ' l? S R V) d ? 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S G a o Y ] r yg r 0a " as A 1 6, ILL a SL IL $•?,o m gays m R? 3_ ^ ?a u R .- 7 •d XUA £S:b 00, 8 '9aA Page 1 of 1 Ron and Pam Sultzaberger From: Pam Sultzaberger <pammyd®quixnet.net> To: Sam and Nikki Clark <bfplg3g@yahoo.com> Sent: Friday, January 14, 200011:40 PM Subject: Hi Sam and Nikki, Haven't seen you in a while. How ve you been? Sam, I promised you when your grades improved I would take you out to a movie or the mall or something. I know you had to repeat sixth grade, but the offer still stands if your grades are better this year than last. If you want to call me, you can leave a message on my voicemail (558-2549). Leave your number, too, because when I'm out, I usually don't have any numbers with me. The voicemail will page me when a message is left (if my pager is working; the battery keeps going dead), so I can call you back. I check my messages at least once a day or whenever it pages me. Talk to you soon. Love, Pam. PLAINTIFF'S EXHIBIT a alp, ?? ?s 02/15/2000 Page 1 of 1 Ron and Pam Sultzaberger From: Pam Sulizaberger <pammyd@quiznet.neb To: Sam and Nikki Clark <bfp1939@yahoo.com> Sent: Saturday, January 15, 2000 12:06 AM Subject: For Samantha and Nicole Sam and Nikki. I thought you may be interested in this, but you need to check with your dad before you do it. (Your dad needs to authorize it, because you earn money.) I recently joined AllAdvantage.com, a great new Internet company that pays its members to surf the Web! AllAdvantage.com even pays me when my friends are surfing, which is why I'm sending this message to you! It only takes a minute to join, so sign up now (please refer to me as your referring member) at http://www.alladvanta p,e.com/go.asp?ref1d=IEG-539 and you can start earning cash today. They explain everything on their Web site. It's totally free, privacy-protected, and the money is real! Happy $urfmg! Pam. Member ID# IEG-539 Join AllAdvantage.com and get paid to surf the Web! Click the link below and use my ID (IEG-539) for the number of the person who referred you. Thanks! http://www.alladvant4ge.com/go.as .refid IEG-539 02/15/2000 Page I of 2 Ron and Pam Sultzaberger From: Kenneth Clark <bfp1939@yahoo.oom> To: Pam Sultzaberger <pammyd@quixnet.net> Sent: Saturday, January 15, 2000 2:36 AM Subject: Re: For Samantha and Nicole sorry. but if any of Dianes family members want to get in touch with us, do it through my attorney or else. thank you. --- Pam Sultzaberger <p_ammydgquixnet.net> wrote: > Sam and Nikki, > I thought you may be interested in this, but you > need to check with your dad > before you do it. (Your dad needs to authorize it, > because you earn money.) > I recently joined AllAdvantage.com, a great new > Internet company that > pays its members to surf the Web! AllAdvantage.com > even pays me > when my friends are surfing, which is why I'm > sending this message to > you! > It only takes a minute to join, so sign up now > (please refer to me as your > referring member) at > http-//www.alladvantne.com/go.aW.refid=IEG-539 and > you can start earning cash today. They explain > everything on > their Web site. It's totally free, > privacy-protected, and the money is real! > Happy $urfmg! > Pam. > Member ID# IEG-539 > --------------------------------------------------- > Join AllAdvantage.com and get paid to surf the Web! > Click the link below and > use my ID (IEG-539) for the number of the person who > referred you. Thanks! > hltp //www.alladvant e.cogo.asp?refid=IEG-5.39 02/15/2000 ParzP ,) of 7 »I - Do You Yahoo!? i aik to your trends nniine with Yahon! Messenger. http://im.ya .com 02/15/2000 Page 1 of 1 Ron and Pam Sultzaberger From: Pam Sultzaberger <pammyd@quixnet.net> To: Sam and Nikki Clark <bfp193g@yahoo.com> Sent: Saturday, January 15, 2000 2:40 AM Subject: Ken ... Who is your attorney? 02/15/2000 Page 1 of 1 Ron and Pam Sultzaberger From; Kenneth Clark <bfpl939@yahoo.com> To: Pam Sultzaberger <pammyd@quixnet.net> Sent: Sunday, January 16, 200012:38 PM Subject: Re: Ken ... why cant you just leVE ME, AND THE. GIRLS ALONE.? I dont want anything to do with any of Dianes side of the famly,so please respect my wishes, or I will have restraining orders filled and sent to everyone. They are my kids and I have custody of them there for i can say who can see them and who cant, and dont start trouble with me or it will be war. --- Pam Sultzaberger <pammyd@quixnet.net> wrote: > Who is your attorney? Do You Yahoo!? Talk to your friends online with Yahoo! Messenger. httt://im?a oo com 02/15/2000 CCS600 Cumberland County - Clerk of Courts 14560802102000 Case Print 1999 - 01604 CLARK KENNETH ***************************** GENERAL Clerk s Filing Date.. 8/03/1999 And Time..... 8:00 Case Type/Action..... Docket No. Fin Auth.. OTN .................. Final issuing Auth... Municipality Code.... Social Security No... Primary Address 1.... Address 2.... City, state, Zipcode. Alternate Address 1.. Address 2.. City, State, Zipcode. Page 1 INFORMATION ***************************** SUMMARY APPEAL 1 4 CRIMINAL - 0000000 - 167 CORREAL PAULA P 2 CARLISLE BOROUGH 000-00-0000 457 N. PITT ST. CARLISLE, PA 17013 00000 Date of Birth........ 12/06/1961 ID# 00000 ATRUE COPY FROM RECORD bTM*ry WWW, i here urdo set my hand wwasswofwN rtdCeNsle.P Al T* diua 0 lark the Court J Ca OMW County Sex .................. M (M=Male/F=Female/U=Unknown) Race ................. W WHITE/CAUCASIAN Operator License No.. 19550996 State....... PA Affiant 1............ OFF DANIEL FREEDMAN State Police N Affiant 2............ Date of Arrest....... 0/00/0000 Mag. Complaint Filed. 0/00/0000 Prelim. Arrign. Date. 0/00/0000 Date Waived to Court. 0/00/0000 Prelim. Hearing Date. 0/00/0000 District Attorney.... Defndt Atty/Type 1... Defndt Atty/Type 2... Date Bail Set........ 0/00/0000 Bail Code Desc....... Surety ............... Bail Set Amount...... .00 Committed Date....... 0/00/0000 In Jail / Fugitive... N (Y=In Jail/ State Id Number...... 0000000000 Auto Registration.... Public Comments...... Reference Number..... Court Stenographer... FBI Id Number........ Height ............... 6' Eye Color............ BR P/A Time.... N=Not In Jail/ F=Fugitive) State..... Weight ................ Hair Color............ Office Comments...... PAID ZERO AT DJ. 200 BR PLAINTIFF'S EXHIBIT 311160 PA-z> !i+:rJ3A MORI Y9003URTA se Mau s*nrt i tom9dw Y"""Td ars?ie"WON"toWeMbbft 4?C , "J b >h9i ,?.?? ?a5h?dmu? CC91500 Cumberland County - Clerk of Courts Case Print .14500802102000 1999 - 01604 CLARK KENNETH Init. Issuing Auth... 000000000000 - Docket No. Init Auth. Pre-Sentence Invest.. Trial Commenced Date. 0/00/0000 Trial Judge.......... Sentence/ARD Date.... 0/00/0000 Effect. Date of Snt.. 0/00/0000 Superior Court #..... n Disposition Code Filed/Reopened Description Disositio 8/03/1999 INITIAL FILING 0/00/0000 Page 2 ********************** ALIAS OR CO-DEFENDANT INFORMATION ********************** Alias or Co-Defendant Name Type ***************************** CHARGE INFORMATION ****************************** Date Chrg Cnt Section Sub Grd Desc 2/08/99 1 001 VC1543 A S DRIVING UNDER SUSPENSION Disposition Date........ 10/05/1999 Disposition Description. 302 COURT Trial ................. Verdict ................. 312 GUILTY ************************** DOCKET ENTRY INFORMATION *************************** Case Type..: CRIMINAL Case Action..: SUMMARY APPEAL - FIRST ENTRY - - - - - - 10/07/99 ORDER OF-COURT, FILED 10/5/99. DEF FOUND GUILTY AS CHARGED. SENT: EDWARD TO E. YOPCOSTS OF ERATE MOTORSVEHICLEFUNDER&ANYMCCIRCUMSTANCES.PORDEREDN N GUIDO, J. 10/7/99 - COPIES DELIVERED 10/7/99 SERVICE DJ/KH ---------- --------- -------------------------- 10/07/99 DL21FORM WAS PREPARED_ _ - LAST ENTRY - - - - - - - - ************************** Case Type..: CRIMINAL Case Action: SUMMARY APPEAL COSTS & FINES INFORMATION ************************** Description Costs/Fines Pd To Date Amount Due In E12r50 ST - O.S.F. 75.00 25.00 00 25 50.00 50.0 12.50 CO - O.S.F. 75.00 00 15 . 15.00 0 .00 COURT COSTS . 00 5 5.00 00 .00 COURT COSTS . 74 14 14.74 00 .00 COURT COSTS . 00 10 10.00 .00 . 00 DISTRICT ATTY . 00 150 150.00 .00 .55 120 LOCAL FINES . Last Pymt 2/03/2000 2/03/2000 12/21/1999 12/21/1999 12/21/1999 12/21/1999 2/03/2000 CCS600 Cumberland County - Clerk of Courts 14500802102000 Case Print 1999 - 01604 CLARK KENNETH EMS 10.00 CAT FUND 30.00 STATE FINES 150.00 SHERIFFS COST 1.50 JCP FEE 1.50 STATE COST A 5.88 STATE COST B 5.88 Cost/Fines Total 549.50 Cash Bonds Total .00 Page 3 10.00 .00 10.00 2/03/2000 30.00 .00 30.00 2/03/2000 14.45 135.55 14.45 2/03/2000 .00 1.50 .00 0/00/0000 .00 1.50 .00 0/00/0000 .00 5.88 .00 0/00/0000 .00 5.88 - .00 ---------- 0/00/0000 ---------- ------- 299.19 --------- 250.31 200.00 2/03/2000 .00 .00 .00 --- End of Listing --- CCS600 Cumberland County - Clerk of Courts Page 1 .1451902102000 Case Print 1986 - 00357 CLARK KENNETH DERWIN ********+*************+****** GENERAL INFORMATION **************+***********a** Clerk s Filing Date.. 3/14/1986 And Time..... 8:00 Case Type/Action..... 1 1 CRIMINAL COMPLAINT Docket No. Fin Auth.. - 0000000 - OTN .................. B5774484 Final issuing Auth... Municipality Code.... Social Security No... 164-54-1388 Primary Address 1.... Address 2.... City, State, Zipcode. Alternate Address 1.. Address 2.. City, State, Zipcode. 457 N. PITT ST. CARLISLE, PA 17013 121 SOUTH 3RD ST LEBANON, PA 17042 Date of Birth........ 12/06/1961 Sex .................. M (M=Male/F=Female/U=Unknown) Race ................. W WHITE/CAUCASIAN Operator License No.. State....... Affiant 1............ State Police N Affiant 2............ Date of Arrest....... 0/00/0000 Mag. Complaint Filed. 0/00/0000 Prelim. Arrign. Date. 0/00/0000 P/A Time.... Date Waived to Court. 0/00/0000 Prelim. Hearing Date. 0/00/0000 District Attorney.... Defndt Atty/Type 1... Defndt Atty/Type 2... Date Bail Set........ 0/00/0000 Bail Code Desc....... Surety ............... Bail Set Amount...... .00 Committed Date....... 0/00/0000 In Jail / Fugitive... N (Y=In Jail/ N=Not In Jail/ F=Fugitive) State Id Number...... 0000000000 Auto Registration.... State..... Public Comments...... Reference Number..... Court Stenographer... FBI Id Number........ Height ............... 6' Eye Color............ BR Weight ................ 200 Hair Color............ BRN Office Comments...... F? ONW NMVWO RWA Mer???rnwiXVMWV~d ?wroiw?rr?«r? CCS600 Cumberland County - Clerk of Courts 145112.902102000 Case Print 1986 - 00357 CLARK KENNETH DERWIN Init. Issuing Auth... 00000 Docket No. Init Auth. - 0000000 - Page 2 Pre-Sentence Invest.. Trial Commenced Date. 0/00/0000 Trial Judge.......... Sentence/ARD Date.... 0/00/0000 Effect. Date of Snt.. 0/00/0000 Superior Court #..... Filed/Reopened Description Disposition Disposition Code 3/14/1986 INITIAL FILING 0/00/0000 X ************************* ********************** ALIAS OR CO-DEFENDANT INFORMATION ********************** Alias or Co-Defendant Name Type ***************************** CHARGE INFORMATION ****************************** Date Chrg Cnt Section Sub Grd Desc 3/14/86 001 CC3922 THEFT BY DECEPTION ************************** DOCKET ENTRY INFORMATION *************************** Case Type..: CRIMINAL Case Action..: COMPLAINT - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 4/14/94 ORDER OF COURT, FILED. 3/31/94. UPON PAYMENT OF THE SUM OF $200.00 ON ACCOUNT OF THE SUMS DUE, AND WITH THE UNDERSTANDING THAT THE DEF. WILL PAY THE SUM OF $25.00 EVERY TWO WEEKS, HE IS AGAIN DIS- CHSRGED FROM CUSTODY. ORDERED BY KEVIN A HESS, J. - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ************************** COSTS & FINES INFORMATION ************************** Case Type..: CRIMINAL Case Action: COMPLAINT Last Description Costs/Fines Pd To Date Amount Due In Escrow Pymt SHERIFFS COST 10.67 ---------- 10.67 .00 .00 3/31/1994 Cost/Fines Total 10.67 ---------- ----- 10.67 ----- .00 ---------- .00 ---------- 3/31/1994 Cash Bonds Total .00 .00 .00 .00 -- - End of Listing -- - CC9600 Cumberland County - Clerk of Courts 14'-04402102000 Case Print 1986 - 00431 CLARK KENNETH D Page 1 ***************************** GENERAL INFORMATION **+****trrrr*****tt********** Clerk s Filing Date.. 4/03/1986 And Time..... 8:00 Case Type/Action..... 1 1 CRIMINAL Docket No. Fin Auth.. - 0000000 - OTN .... ......... ... B5770660 Final issuing Auth... Municipality Code.... Social Security No... 164-54-1388 Primary Address 1.... 457 N. PITT ST. Address 2.... City, State, Zipcode. CARLISLE, PA 17013 Alternate Address 1.. 121 SOUTH 3RD ST Address 2.. City, State, Zipcode. LEBANON, PA 17042 Date of Birth........ 12/06/1961 COMPLAINT ATRUE COPY FROM RECORD M168 X" Wheieot, I here unto set my hand rldtloud f CoudatWHO,PA. rn„ a?a Hu v ourt puabeNnd Cww Sex .................. M (M=Male/F=Female/U=Unknown) Race ................. W WHITE/CAUCASIAN Operator License No.. State....... Affiant 1............ State Police N Affiant 2............ Date of Arrest....... 0/00/0000 Mag. Complaint Filed. 0/00/0000 Prelim. Arrign. Date. 0/00/0000 Date Waived to Court. 0/00/0000 Prelim. Hearing Date. 0/00/0000 District Attorney.... Defndt Atty/Type 1... Defndt Atty/Type 2... Date Bail Set........ 0/00/0000 Bail Code Desc....... Surety ............... Bail Set Amount...... .00 Committed Date....... 0/00/0000 In Jail / Fugitive... N (Y=In Jail/ State Id Number...... 0000000000 Auto Registration.... Public Comments...... Reference Number..... Court Stenographer... FBI Id Number........ Height ............... 6' Eye Color............ BR P/A Time.... N=Not In Jail/ F=Fugitive) State..... Weight................. 200 Hair Color....,........ BRN Office Comments...... fOC19' Y903 3UATA vii rs2 oinu a?eA ! ,to9i?tw YMT IN A,'f aiz9i4li nuoo bin Po yp NO ba .-Us I Io va ? wr 1166 91 o A9 ?JtI W3 Wwhodffw3 CC9600 Cumberland County - Clerk of Courts Page 14504402102000 Case Print 1986 - 00431 CLARK KENNETH D Init. Issuing Auth... 00000 Docket No. Init Auth. - 0000000 - Pre-Sentence Invest.. Trial Commenced Date. 0/00/0000 Trial Judge.......... Sentence/ARD Date.... Effect. Date of Snt.. Superior Court #..... Filed/Reopened Descrip 4/03/1986 INITIAL 62 HESS KEVIN A ID# 16090 0/00/0000 0/00/0000 Lion Disposition Disposition Code FILING 0/00/0000 X, ************************* 2 ********************** ALIAS OR CO-DEFENDANT INFORMATION ********************** Alias or Co-Defendant Name Type ***************************** CHARGE INFORMATION ****************************** Date Chrg Cnt Section Sub Grd Desc 4/03/86 001 CC3922 4/03/86 002 CC3922 4/03/86 003 CC4105 4/03/86 004 CC4105 THEFT BY DECEPTION THEFT BY DECEPTION BAD CHECKS BAD CHECKS ************************** DOCKET ENTRY INFORMATION Case Type..: CRIMINAL Case Action..: COMPLAINT - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 4/14/94 ORDER OF COURT, FILED. 3/31/94. UPON PAYMENT OF THE SUM OF $200.00 ON ACCOUNT OF THE SUMS DUE AND WITH THE UNDERSTANDING THAT THE DEF. WILL PAY THE SUM OF $25.00 EVERY TWO WEEKS ON HIS ACCOUNT, HE IS DISCHARGED FROM CUSTODY. ORDERED BY KEVIN A HESS, J. -------------------------------------------------------------------- 3/23/95 PETITION FOR RULE TO SHOW CAUSE WHY THE DEFENDANT SHOULD NOT BE HELD IN CONTEMPT OF COURT, FILED. -------------------------------------------------------------------- 3/27/95 RULE TO SHOW CAUSE, FILED. 3/21/95. UPON DEF. TO SHOW CAUSE WHY HE SHOULD NOT BE ADJUDGED IN CONTEMPT OF COURT. HEARING SCHEDULED FOR 4/28/95 AT 9:30AM. ORDERED BY KEVIN A. HESS, J. - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ************************** COSTS & FINES INFORMATION ************************** Case Type..: CRIMINAL Case Action: COMPLAINT Last Description Costs/Fines Pd To Date Amount. Due In Escrow Pymt SEARS 91.00 91.00 .00 .00 3/31/1994 GOOD YEAR TIRE 149.77 149.77 .00 .00 6/02/1994 CCS600 Cumberland County - Clerk of Courts Page 144402102000 Case Print 1986 - 00431 CLARK KENNETH D COURT COSTS 82.00 82.00 .00 .00 8/23/1994 SHERIFFS COST 78.52 78.52 .00 .00 8/23/1994 SHERIFFS COST 10.68 10.68 .00 .00 8/23/1994 SHERIFFS COST 23.40 23.40 .00 .00 8/23/1994 CCC ACT 139 5.00 5.00 .00 .00 12/05/1994 CVC ACT 139 10.00 10.00 .00 .00 12/05/1994 DVC - ACT 44 10.00 10.00 .00 .00 12/05/1994 STATE COST A 7.00 7.00 .00 .00 12/05/1994 CCC ACT 139 5.00 5.00 .00 .00 12/05/1994 CVC ACT 139 10.00 10.00 .00 .00 12/05/1994 DVC - ACT 44 10.00 10.00 .00 .00 12/05/1994 CCC ACT 139 5.00 5.00 .00 .00 12/05/1994 CVC ACT 139 10.00 10.00 .00 .00 12/05/1994 DVC - ACT 44 10.00 10.00 .00 .00 12/05/1994 CCC ACT 139 5.00 5.00 .00 .00 12/05/1994 CVC ACT 139 10.00 10.00 .00 .00 12/05/1994 DVC - ACT 44 10.00 --------- 10.00 .00 .00 4/28/1995 Cost/Fines Total - 542.37 ---------- -- 542.37 -------- -- .00 -------- .00 ---------- 4/28/1995 Cash Bonds Total .00 .00 .00 .00 3 --- End of Listing CCS600 Cumberland County - Clerk of Courts 14510702102000 Case Print 1986 - 00432 CLARK KENNETH D Page 1 *ra**tr**tt**a+**ttr*a*t+t** GENERAL INFORMATION *********************+******* Clerk s Filing Date.. 3/21/1986 And Time..... 8:00 Case Type/Action..... 1 1 CRIMINAL Docket No. Fin Auth.. - 0000000 - OTN .................. B4561841 Final issuing Auth... Municipality Code.... Social Security No... 164-54-1388 Primary Address 1.... 457 N. PITT ST. Address 2.... City, State, Zipcode. CARLISLE, PA 17013 Alternate Address 1.. Address 2.. City, State, Zipcode. 00000 Date of Birth........ 12/06/1961 COMPLAINT A TRUE COPY FROM RECORD U 1MIMa1Y www.1 MM Onb M "w hand ?d .an /)-?) C" of IN Oun CwaboUMCOYnd Sex .................. M (M=Male/F=Female/U=Unknown) Race ................. W WHITE/CAUCASIAN Operator License No.. State....... Affiant 1............ State Police N Affiant 2............ Date of Arrest....... 0/00/0000 Mag. Complaint Filed. 0/00/0000 Prelim. Arrign. Date. 0/00/0000 Date Waived to Court. 0/00/0000 Prelim. Hearing Date. 0/00/0000 District Attorney.... Defndt Atty/Type 1... Defndt Atty/Type 2... Date Bail Set........ 0/00/0000 Bail Code Desc....... Surety ............... Bail Set Amount...... .00 Committed Date....... 0/00/0000 In Jail / Fugitive... N (Y=In Jail/ State Id Number...... 0000000000 Auto Registration.... Public Comments...... Reference Number..... Court Stenographer... FBI Id Number........ Height ............... 6' Eye Color............ BR P/A Time.... N=Not In Jail/ F=Fugitive) State..... Weight ................ 200 Hair Color............ BRN Office Comments...... OA033R MOM Y903 3URT A bnso rm in alms m" I.WWAdw vn~ d .A9 ,"W 19 NO On to 11N MI on Jiuo hnuo00400*4 CCS600 Cumberland County - Clerk of Courts Page 14510702102000 Case Print 1986 - 00432 CLARK KENNETH D Init. Issuing Auth... 00000 Docket No. Init Auth. - 0000000 - Pre-Sentence Invest.. Trial Commenced Date. 0/00/0000 Trial Judge.......... Sentence/ARD Date.... Effect. Date of Snt.. Superior Court #..... Filed/Reopened Descrip 3/21/1986 INITIAL 62 HESS KEVIN A ID# 16090 0/00/0000 0/00/0000 tion Disposition Disposition Code FILING 0/00/0000 X. ************************* 2 ********************** ALIAS OR CO-DEFENDANT INFORMATION ********************** Alias or Co-Defendant Name Type r*****r********************** CHARGE INFORMATION ****************************** Date Chrg Cnt Section Sub Grd Desc 3/21/86 001 CC3922 THEFT BY DECEPTION ************************** DOCKET ENTRY INFORMATION *************************** Case Type..: CRIMINAL Case Action..: COMPLAINT - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 4/14/94 ORDER OF COURT, FILED. 3/31/94. UPON PAYMENT OF THE SUM OF $200.00 ON ACCOUNT OF THE SUMS DUE AND WITH THEUNDERSTANDING THAT THE DEF. WILL PAY TH ESUM OF $25.00 EVERY TWO WEEKS, HE IS DISCHARGED FROM CUSTODY. ORDERED BY KEVIN A HESS, J. ------------------------------------------------------------------- 3/27/95 PETITION FOR RULE TO SHOW CAUSE WHY THE DEFENDANT SHOULD NOT BE HELD IN CONTEMPT OF COURT & RULE TO SHOW CAUSE, FILED. 3/21/95. UPON DEF TO SHOW CAUSE WHY HE SHOULD NOT BE ADJUDGED IN CONTEMPT OF COURT. HEARING SCHEDULED FOR 4/28/95 AT 9:30AM. ORDERED BY KEVIN A. HESS, J. - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ************************** COSTS & FINES INFORMATION ************************** Case Type..: CRIMINAL Case Action: COMPLAINT Last Description Costs/Fines Pd To Date Amount. Due In Escrow Pymt ZIMMER KERRY 21.10 21.10 .00 .00 4/28/1995 SHERIFFS COST 10.67 ---- 10.67 .00 .00 12/21/1999 Cost/Fines Total ------ 31.77 ---------- ------ 31.77 ----- .00 ---------- .00 ---------- 12/21/1999 Cash Bonds Total .00 .00 .00 .00 -- - End of Listing -- - RECEIPT FOR MISCELLANEOUS INCOME Cumberland County - Clerk of Courts 1 Courthouse Square Carlisle, Pa 17013 Case Number 2000-99999 Remarks (4) DOCKET ENTRIES KAYER & BROWN Receipt Date Receipt Time Receipt No. MSH 2/14/2000 15:14:38 1093712 Total Paid $*******20.00 PYMT/CHECK No. 4032 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - CRIMINAL - DIV. OTN: B-456184-1 NO. 432 CRIMINAL COMMONWEALTH CHARGE Theft by Deception VS AFFIANT Cpl. Gary Bonner Kenneth D. Clark 2729 Herr Street VERDICT Harrisburg, PA 17103 or R.D.#1 Box 401 Willow Glen Road Dillsburq, PA 17019 BAIL CCP 3-13-86 ED MARCH 21, 1986 : ED MARCH 21, 1986 500_00 Earner )ISTRICTJUST I CE 27 .50 COMMITMENT WITNESS :ONSTABLE MOTION FOR NEW TRIAL )ISTRICT ATTORNEY 10 .00 SHERIFF COSTS h(.' d'r SG '.HERIFF 1 .50 CERT. TO STATE .AW LIBRARY POSTAGE :UMB. CO. USE Commonwealth 15 00 INE DomectiC Violence 10 . 0 '.ENCH WARRANT AKING BAIL OR REVOKE ILING PAPERS ETC. 5( .00 UBPOENAS IOLLE PROS. ONTINUANCE AKING RECOGNIZANCES ORFEITURE OF ECOGNIZANCES \0''??IC(` S O6G?.YQ'-i •UO 1??? I?`n'?.\\.M ., _ .e ..,..,.....--v..__. DST PAID A \ ','-'1 OD t ?_ A.?l.viJ = == G n n???n boe Q ro 9 !P,3 FILED MAY 19,1986,CITATION OF STATUTE AND SECTION 18 PA C.S.A._922 19 86 A TRUE COPY FROM D C 'ssaH *V UTnag .. ;sn0 a n9 -;moo ;o sapso saq;sn; ;nogl?m panes? aq TTeys 4ue3sem gouaq a passTw aq luawded a pTnoyS 'dpo;sno wos; Pa6se40sTP ST aq •qunooop STq Uo Neam sad 00'OOTS 3o wns ay; ded TT?m ;ueppa;ap ag; ;eg; 6uTpue;ssapun aq; g;Tm pup 'anp swns ay; ;o ;unoooe uo 00'OOTS ;o ;uawded uodn '066T '4sn6nV ;o dep ;sT£ sTgl 'MON CNV SHnoo do H3CH0 ZNVHHVM HONES :3H NI 066T 'b H33WHJd3S :Call I3 •f'ssaH•V UTnag ';snot ay; AS •;uPPUa;ap aq; ;o ;sasse aq; so; panssT s? lupssem gaueq P •W•V OZ:OT 4P'066T ;sn6nV ;o App g1LT s?g,L'MON CNV lulloo 'do H3CHO SNVHHVM HON33:3H NI 0661'OZ SSnOnV :C37I3 f 'ssaH 'V UTnag lino) agl AS •TTew spTn69s dq pup pa;sanbas 4dTa3as usn;as 'TTew pa?3T4s90 dq ;uepua;aC uo apew aq o} aT nH ay; ;o aOTnsag •UTUeATdsuuad '9TsTTJ20 'asnoy;snoJ d}unoJ pupTsagwnJ q 'ON woos;snoo uT 'WV N0013.0 OO:OT ;e '066T 'LT ;sn6nV Uo pTaq aq TTpgs 6uTspaq ay; Pup aTgeusn}as s7 aTnH aqy •uo?1?;ad ag} UT g3s03 }as swns ay; ded o; 5UTTT99 so; ;snoo ;o ;dwa;uoo uT p96pnCpe aq ;Ou pTnogs ay dqm ;uepua;ap aq} uo asnpo moyS o; Ding a sanssT ;snot ay; 'uoT;?;ad pay0e4;e ay; 30 uo?4es9pTsuO3 u? 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V?7 37I3 'C'SS3H'V NIA3g bmsllylflsf mlmWWIXgv6wvmml ?Ww 'S,HnOJ alll AS y???* ?,?? Oiatbla?cuUDOf •ssa;lpw pauo?}de39nogp ay; uo wTq 4u9sOad-10 aT'VW:M. , ce ST sapua;aC 3?Tgnd agl'Tasuno0 ;o 4T39u9q aq; ;nag;?m ;sno ado uT paspadri@°??'??p,UTne H,L3NN3g'lUepUa;ap ay; •w•e St:CT le'9B6 ?9 g7,'j?jj}'$N 7J'C SunOJ d0 HaCHO 735NnOJ d0 37I3 COMMONWEALTH VS. KENNETH D. CLARK 357 CRIMINAL 1986 FILED: SEPTEMBER 4, 1990 IN RE: BENCH WARRANT ORDER OF COURT AND NOW, this 31st day of August:, 1990, upon payment of $100.00 on account of the sums due, and with the understanding that the defendant will pay the sum of $100.00 per week on h:.s account, he is discharged from custody. Should a payment be missed a bench warrant shall be issued without further order of court. By the Court, Kevin A. Hess, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - CRIMINAL - DIV. NO. 357 CRIMINAL 19 COMMONWEALTH ?Rp By De?,Dtion B,Had Check VS AFFIANT EARL K Kenneth Derwin Clark 2729 Herr Sheet VERDICT Harrisb=g,PA 17100 nn _ BAIL c? nnn nn BLED Ma:., 19, 1986 gg?? By. ASTRIJ3Nil CE 27 50 COMMITMENT WITNESS :ONSTABLE MOTION FOR NEW TRIAL )ISTRICT ATTORNEY 1 .00 SHER I FF COSTS 84 ;HERIFF 1 50 CERT. TO STATE .AW LIBRARY POSTAGE :UMB. CO. USE 15_. 00 SINE Domestic Violence 10.00 'TENCH WARRANT AKING BAILOR REVOKE (LING PAPERS ETC. UBPOENAS IOLLE PROS. 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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - CRIMINAL - DIV. NO. 431 CRIMINAL 19 86 A. The t By Deception counts CHARGE g gad Check (4 counts) (summary) A. B 1 & 2 Chief Dean_Fxank 3-20-86 $1,000 OTN: B-577066-0 COMMONWEALTH VS Kenneth D. Clark 2729 Herr St. Harrisburg, PA 17103 or R.D.#1 Box 401 Willow Glen Road Dillsburg, PA 17019 FILED Pallor DISTRICTJUSTICE . 50 COMMITMENT W WITNESS IT CONSTABLE MOTION FOR NEW TRIAL 5 A?ntho8n6 Pinti 7. 0 DISTRICT ATTORNEY T SHERIFF COSTS o'- Chief Dean Frank 7. 10 SHERIFF CERT. TO STATE John Kinbac:c _ 7. 0 LAW LIBRARY POSTAGE Darin Clark 6. 2 MB. CO. USE F NE Common wealth 60 .00 j NCH WARRANT Domestic viclence 40 .00 KING BAIL OR REVOKE LING PAPERS ETC. 50 00 b ? S ?: 4v SUBPOENAS so yu NOLLE PROS. CONTINUANCE TAKING RECOGNIZANCES FORFEITURE OF RECOGNIZANCES APRIL 3, 1986 BY: COST PA ID: FILED: 5/7/86 PETITION FOR WRIT OF' HABEAS CORPUS, OR, IN THE ALTERNATIVE, MOTION TO QUASH RETURN OF DISTRICT JUSTICE TRANSCRIPT FILED: MAY 8, 1986 ORDER OF COURT AND NOW, this 7 day of may, 1986, after consideration of the within Petition and on motion of Frederick I. Huganir, Esq., Attorney for Petitioner, it is hereby ordered that a hearing be scheduled for Wednesday, the 14th dayof may, 1986 0 o'clock p.m. in the Old Court Room Cumberland County Court House, Carlisle ennsylvania. By the Court, Kevin A. Hess, J. :opy 5-8-86 :opy 5-8-86 ?Wwvgwlwa WAMM11wM1?wbw1?l?lIRM ?I?M?O?Iw01Mr?Ml{ ue r?eaaa FILED: ORDER OF COURT AND NOW,This 13th day of May 1986,hearing set for Wednesday May 14,1986,at 1:30 P.M. is continued to Thursday,May 22,1986, at 11:30 A.M. In Courtroom No.4 Cumberland County Coi+rthouse,Crslisle,Pennsylvania. By the Court, Kevin A.Hess,J. FILED MAY 19,1986,CITATION OF STATUTE AND SECTION 18 PA C.S.A.3922(A-1) FILED MAY 19,1986,CITATION OF STATUTE: AND SECTION 18 PA C.S.A.3922 (A-2) FILED MAY 19,1986,CITATION OF STATUTE: AND SECTION 18 PA C.S.A.4105 (B-1) FILED MAY 19,1986,CITATION OF STATUTE: AND SECTION 18 PA C.S.A.4105 CT.(B-2) FILED MAY 19,1986,CITATION OF STATUTE: AND SECTION 18 PA C.S.A.4105 CT.B-3) FILED MAY 19,1986,CITATION OF STATUTE: AND SECTION 18 PA C.S.A.4105 CT.(B-4) FILED MAY 27,1906 IN REAPPOINTMENT OF COUNSEL ORDER OF COURT AND NOW,This 22nd day of May 1986,at 10:45 a.m. the defendant,KENNETH D.CLARK,having appeared in open court without the benefit of counsel,the Public Defender is appointed to represent him on the abovecaptioned matters. BY THE COURT, KEVIN A.HESS,J. FILED:MAY 27,1986 IN RE:GUILTY PLEA AND SENTENCI14G ORDER OF COURT AND NO ,This 22nd day of Vay 1986,at 11:06 A.M. the defeneant,KENNETH D.CLARK,having appeared in open court together with the Public Defender, Frederick I.HUgan.'.r,Esquire, and having tendored pleas u.- ouilty at 431 Crim- inal 1986,to Count .l1,Theft By Deception,a misdemeanor of the third degree, and to Count A2,Theft By deception,a misdemeanor of the second degree,and to Counts E3 and B4,summary offenses of Bad Check and at 357 Criminal 1986,io Count B, a count of Bad Check,graded a summary offense,and to 432 Criminal 1986,to a count of Bad Check,a summary offense,which pleas are accepted and recorded in full satisfaction of all charges alleged at the above numbers and terms, Sentence of the Court at 431 Criminal 1986,000nts B3 and B4;and at 357 Criminal 1986,COUnt B and at 432 Criminal 1986 all summary offensez,is that the defendnt pey the costs of prosecution and restitution and that he undergo imprisonment in the Cumberland County Prison for a period of not less than fortyfive days nor more than ninetydays. Sentence of the court at 431 Crim-final 1986,000nt A2 is that the defendant pay the costs of prosecution and restiution and that he undergo imprisonment in the Cumberland tCounty Prison,for a period toffh not less than two months more Twely Sentence of then c?ouit atn 4G3oln Cram al o1986e Counte Any is the.tto tRee de7end t pay the costs of prosecution and restitution and that he undergo imprisonment in the Cumberland County Prison for a 'period of not less than two months nor more than twelve months. Sentence to run concurrent to the sentences heretof- ore imposed. It appearing that the defendant has bean incarcerated since February 27,1986,he is paroled immediately on condition that he be and remain in good behavior and that he make regular payments as directed by the Cumberland Counp Probation Department on restitution herein ordered in accordance wiih his abilities. The above period of parole shall be with supervision. By the Court, Kevin A.Hess,JUdge FILED:JUNE 11,1986,GUIDELINE SENTENCE FORM 431 CRIMINAL 1986 COMMONWEALTH VS. KENNETH D. CLARK FILED: July 24, 1990 IN RE: RULE TO SHOW CAUSE ORDER OF COURT AND NOW, July 23, 1990, in consideration of the attached petition, the Court issues a Rule to Show Cause on the defendant why he should nDt be adjudged in contempt of court for failing to pay the sums set forty in the petition. The Rule is returnable and the hearing shall be held on August 17, 1990, at 10:00 o'clock AM, in Courtroom No. 4 Cumberland County Courthouse, Carlisle, Pennsylvania. Service of the Rule to be made on Defendant by certified mail, return receipt requested and by regular mail. By the Court Kevin A. Hess, J. FILED: AUGUST 20,1990 IN RE:OFNCOURTRRANT ORDER AND NOW,This 17th day of August 1990,at 10:20 A.M. a bench warrant is issued for the arrest of the Bdefen Court, Kevin A.Hess,J. FILED: SEPTEMBER 4, 1990 IN RE: BENCH WARRANT ORDER OF COURT AND NOW, this 31st day of August, 1990, upon payment of $I'C.00 on account of the sums due, and with the understanding that the defendant will pay the sum of $100.00 per week on his account, he is discharged from custody. Should a payment be missed a bench warrant shall be issued without further order of court. By the Court, Kevin A. Hess, J. I DIANA CLARK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH CLARK, DEFENDANT 99-7348 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this day of March, 2000, IT IS ORDERED: (1) Diana Clark and Kenneth Clark shall have joint legal custody of Samantha Clark, born September 10, 1986, and Nicole Clark, born September 9, 1988. (2) The petition of the mother to move Samantha and Nicole to Lagrange, Ohio, IS DENIED. (3) The father shall have primary physical custody of Samantha and Nicole. (4) The mother shall have temporary physical custody as follows: (a) During each summer for a four week continuous period starting on the first Saturday after the school year ends. Then after a two week continuous period with the father, the mother shall have another three week continuous period. (b) From after school on the Wednesday before Thanksgiving through the day before school begins. (c) From each December 26`h through the Nast day before school begins. (d) From the end of school on the day before spring school vacation 99-7348 CIVIL TERM starts through the day before it ends. (e) In this area from any Friday evening through Sunday evening or Monday evening if Monday is a holiday that the mother is visiting. (5) The parties shall share transportation for all such periods of temporary physical custody and cooperate in advance in making such arrangements. Unless otherwise agreed the exchanges for custody when the children visit their mother in Ohio shall take place at Exit 6 of the Pennsylvania Turnpike at Monroeville. (6) The father shall insure that the children are in contact with their mother by telephone at least two times per week, and he shall cooperate with the mother in setting the times for these calls. He shall not monitor the calls. (7) The father shall immediately secure counseling for Samantha and Nicole to support them being better able to adjust to their parents' separation and any other issues deemed appropriate by the counselor. James J. Kayer, Esquire For the Mother Thomas S. Diehl, Esquire For the Father By the-Court, , 'I/-/ Edgar B. Bay y, J. cO)L? /Y4u 3-L-oo ? Kg :saa V"Nl,,MASNN3d A; no , !,-j , no a? :z Wj 9 - ?d+d 00 DIANA CLARK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH CLARK, DEFENDANT 99-7348 CIVIL TERM IN RE: CUSTODY OPINION AND ORDER OF COURT Bayley, J., March 6, 2000:-- Diana Clark, age 35 and Kenneth Clark, age 38, were married on July 12, 1985. They have two daughters Samantha, age 13, born September 10, 1986, and Nicole, age 11, born September 9, 1988. The parents moved to 457 North Pitt Street, Carlisle, Cumberland County in April, 1988. They had previously lived in Shermans Dale, Perry County for a few months, and before that in Hershey for approximately three years, and before that in Lebanon for approximately six years. The father and mother have had some difficulties iin the early years of their marriage much of which related to the father's short temper. They undertook marriage counseling which helped, and things went generally well until a couple of years ago. In September, 1999, as the marriage was deteriorating, the father started communicating on the Internet with a woman in Ohio. The mother discovered these communications yet she was willing to accompany the father to Ohio when he wanted to meet that woman. Bonnie Moore. The mother left the marital home on November 23, 1999. A divorce is pending. Bonnie Moore moved in with the father in Carlisle on November 13, 99-7348 CIVIL TERM 1999. Moore has three children ages 22, 19 and 16. The oldest is married, the middle child lives with her boyfriend in Ohio, and the youngest lives with her father in Ohio. The mother moved to Lagrange, Ohio, and into a home owned by Bonnie Moore's husband John Moore. Moore lives in another home he owns in Lagrange. Lagrange is thirty-five miles west of Cleveland which is a five-hour drive from Carlisle. The mother testified that she had been subjected to verbal and physical abuse by her husband during the last couple of years. She related an incident in October when he physically grabbed her and pushed her in front of Samantha which the father denied. The mother testified that she chose to go to Ohio to get completely away from Carlisle because she is afraid of her husband. She stated that the father has threatened her that if she does not drop this custody case there will be blood on her hands. Before she left Carlisle the mother had been working cleaning homes. She has obtained a full-time job as a cook in a restaurant in Lagrange. She works from 9:00 a.m. to 4:00 p.m. with two days off a week which are now Tuesdays and Saturdays. The father has been in the disc jockey business for seven years. He has three employees and he normally works Thursday, Friday and Saturday evenings. He recently started a power wash business, which he operates with Bonnie Moore, where he works during the week from 8:00 a.m. to about 2:00 p.m. Those hours are flexible so that he can be available for the girls if they need him. The father's driver's license was suspended in 1983, and because of a series of driving under suspension convictions it has never been reinstated. -2- 99-7348 CIVIL TERM Samantha has reactive airway disease which is a severe form of asthma. She needs a very clear-air environment and takes steroids to combat the disease. At times she has had trouble gaining weight because of the steroids. In January, her physician was able to reduce her medication and she has been doing better. Samantha is in sixth grade and Nicole is in fifth grade in the Carlisle School system. Both girls have had a substantial amount of absenteeism and tardiness since their parents separated. They are also having difficulties in school and Samantha is repeating sixth grade. These lovely, well-spoken girls appear immature for their chronological ages. After the mother moved to Ohio she saw her daughters for a few hours at Thanksgiving when the parents met in Monroeville, Pa., which is about halfway between their homes. She made arrangements for both girls to spend a week with her in Lagrange over Christmas but Nicole did not want to come and her father did not force her to go. Samantha did go and the mother testified that they had a wonderful time. When we spoke to the girls in chambers it was obvious that the separation of their parents was very traumatic for them. They both expressed, with Nicole being somewhat hesitant, a desire to see more of their mother. After the hearing the mother spent the weekend with the girls in this area. The mother has been having difficulty contacting the children by telephone. She often gets an answering machine and the father never has the children call back. When she is able to talk to them the conversations are monitored. Since a temporary custody order was entered on January 27, 2000, following a conciliation conference, the girls have called her one time -3- 99-7348 CIVIL TERM although that order provides for one call a week. The maternal grandmother and the mother's brother, grandmother, cousin, uncle and aunt live in the Harrisburg area. Her father lives in Altoona. During the last two years she as well as the girls have had no contact with her family. The mother blamed this on the unwillingness of the father to participate in doing things with her family. The father testified that a rift with the maternal grandmother occurred when he and the mother were at a DJ session and they received a call that Nicole was ill. The father telephoned the maternal grandmother and asked her to look after Nicole and the grandmother refused. The father testified that he then told the grandmother, in effect, to "fuck off." The mother testified that she is now repairing her relationship with her mother who had in earlier years often seen the girls.' When the mother's cousin, Pam Sultzaberger, recently tried to contact the children the father sent her an email stating that he did not want to have anything to do with any of his wife's side of the family, and if she persisted in contacting him regarding the children "it will be war." Most of the father's family lives in York and Lancaster. When the parents were living together the children often saw those family members but that contact has decreased since they separated. The mother seeks primary physical custody of Samantha and Nicole and permission to move them to Lagrange, Ohio. She believes that she can provide the ' The maternal grandmother testified on behalf of her daughter. -4- 99-7348 CIVIL TERM children with a more stable environment than the father and that it would be in their best interest to live with her. She testified that the father was very lenient with the girls and used to constantly undermine her authority when she insisted upon them doing more homework or chores around the house. She testified that she intends to stay in Ohio. She has checked the facilities at the local school district which she indicates is ranked tenth in the state of Ohio. Both children would take a bus to school at 8:00 a.m. Samantha would be home at 3:00 p.m. and Nicole at 3:30 p.m. The mother said that she would have the children dropped off at her place of work where they could do homework until her shift ends. The father seeks primary physical custody of the girls and an order prohibiting the mother from moving them to Ohio. He believes that he can provide a stable environment for the children and that it is not in their best interest to move with the mother to Ohio. He notes the difficulties that Nicole has been having with the mother but conveniently forgets that it was his bizarre conduct that was the final straw resulting in the mother separating and his email girlfriend then moving in with him. Of course the mother's reaction to the father's conduct was likewise bizarre. Despite the trauma of these events on the children the father has not had the foresight to have them undertake some counseling to help them deal with the situation. The fact that the girls have had significant absenteeism and tardiness at school coupled with a decrease in their grades leaves no doubt that the father has not responded well to their current needs. The girls had been walking to school and the father now has Bonnie Moore -5- 99-7348 CIVIL TERM drive them in order to get there on time. Moore also drives the father around since he does not have a license. Both girls attend church at the Salvation Army. They also attend a girls club and youth bible study on most Tuesday evenings and a teen program on Thursday evenings. For the last two years they have both attended a Salvation Army seven-day summer camp in northeast Pennsylvania. Both of them get much benefit from these activities at the Salvation Army. The mother testified that there is a Salvation Army unit near where she lives and if the girls moved to Ohio she will enroll them in that program. In Gruber v. Gruber, 400 Pa. Super. 174 (1990), the Superior Court of Pennsylvania set forth three factors to consider in determining whether a custodial parent should be permitted to relocate children to another state outside the geographical area of the non-custodial parent: 1. the potential advantages of the proposed move and the likelihood that the move would substantially improve the quality of life for the custodial parent and the children and is not the result of a momentary whim on the part of the custodial parent; 2. the integrity of the motives of both the custodial and non-custodial parent in either seeking the move or seeking to prevent it; 3. the availability of realistic, substitute visitation arrangements which will adequately foster an ongoing relationship between the child and the non-custodial parent. In Beers v. Beers, 710 A.2d 1206 (Pa. Super. 1998), the Superior Court stated that it has consistently held that Gruber "[r]efines upon, but does not alter the basic and determinative inquiry as to the direction in which the best interests of the child lie." The situation in the father's house is hardly ideal. He has little appreciation of -6- 99-7348 CIVIL TERM the emotional support that these girls need. He is working on Thursday, Friday and Saturday evenings when the girls are left with Bonnie Moore. Yet, it is hard to find support for the mother's situation. About the best that can be said is that John Moore provides her a place to live rent-free which is of great assistance given her limited financial resources, and that she has secured full-time employment. That situation, however, is not a prescription for stability. The mother could certainly find a full-time job as a cook in this area where she has family that would likely assist her through these difficult times. Her precipitous move to Ohio has left Samantha and Nicole bewildered, hurt and in a vacuum. There is no doubt that the mother loves the girls and genuinely feels that she can provide them better care than the father. However, we find that her protest that she felt it was necessary to move out of the area to protect herself lacks credibility. Notwithstanding the difficulties that the parties had when they lived together the evidence does not support a finding that the father is a physical threat to the mother especially now that they are separated. We conclude that there are few advantages of the mother's move to Ohio, little likelihood that it will substantially improve the quality of her life or the life of the children, and that it was a result of a momentary whim. On a whole we are satisfied that the best interest of the children do not lie in their moving to Ohio, ;and that the mother has not met the standards to move them under Gruber. The mother's motive for the move is questionable and the motive of the father to prevent the children from moving to Ohio is reasonable. A move to Ohio would make substitute visitation arrangements difficult -7- 99-7348 CIVIL TERM although since the mother remains in Ohio we will provide her with periods of temporary physical custody as are reasonably possible. For the foregoing reasons the following order is entered. ORDER OF COURT AND NOW, this day of March, 2000, IT IS ORDERED: (1) Diana Clark and Kenneth Clark shall have joint legal custody of Samantha Clark, born September 10, 1986, and Nicole Clark, born September 9, 1988. (2) The petition of the mother to move Samantha and Nicole to Lagrange, Ohio, IS DENIED. (3) The father shall have primary physical custody of Samantha and Nicole. (4) The mother shall have temporary physical custody as follows: (a) During each summer for a four week continuous period starting on the first Saturday after the school year ends. Then after a two week continuous period with the father, the mother shall have another three week continuous period. (b) From after school on the Wednesday before Thanksgiving through the day before school begins. (c) From each December 261" through the last day before school begins. (d) From the end of school on the day before spring school vacation starts through the day before it ends. (e) In this area from any Friday evening through Sunday evening or -8- 99-7348 CIVIL TERM Monday evening if Monday is a holiday that the mother is visiting. (5) The parties shall share transportation for all such periods of temporary physical custody and cooperate in advance in making such arrangements. Unless otherwise agreed the exchanges for custody when the children visit their mother in Ohio shall take place at Exit 6 of the Pennsylvania Turnpike at Monroeville. (6) The father shall insure that the children are in contact with their mother by telephone at least two times per week, and he shall cooperate with the mother in setting the times for these calls. He shall not monitor the calls. (7) The father shall immediately secure counseling for Samantha and Nicole to support them being better able to adjust to their parents' separation and any other issues deemed appropriate by the counselor. By the Court, r Edgar B. Bayldy, J. James J. Kayer, Esquire / For the Mother Thomas S. Diehl, Esquire For the Father :saa -9- DIANA CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-7348 CIVIL TERM KENNETH CLARK, Defendant IN CUSTODY ORDER OF COURT AND NOW, , 2001, upon consideration of the attached Petition to Modify Custody, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of 2001. at o'clock, .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 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: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, phase contact our office. All arrangements must be made at least 72 hours prior to any hearing or lousiness before the court. You must attend the scheduled conference or hearing. 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 Cumberland County Court House, Fourth Floor Carlisle, PA 17013 (717) 240-6200 DIANA CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-7348 CIVIL TERM KENNETH CLARK, Defendant IN CUSTODY PETITION TO MODIFY CUSTODY Petitioner is DIANA CLARK, who resides at 8105 Seasons, Streetsboro, Ohio 44241. 2 Respondent is KENNETH CLARK, who resides at 457 N. Pitt Steet, Carlisle, Cumberland County, Pennsylvania 17013. 3 The Honorable Edgar B. Bayley entered the March 6, 2000, Custody Order attached hereto as Exhibit A. 4. Since the entry of said Order, there has been a significant change in circumstances in that: (a) The parties are having a hard time getting along. (b) The father who has physical custody of the children is not fostering the relationship with the mother. (c) Samantha, 14 years of age, has expressed a desire to live with the mother. (d) The mother is the most fit caregiver for the child. 5. The best interests of the child will be served by the Court in modifying said Order. WHEREFORE, Petitioner prays this Court to grant the modification of the custody Order as follows: Primary physical custody in the mother with visitation in the father, schedule to be negotiated between the parties. Date: February 23, 2001 4 Om,,, ? C- au, k Diana Clark., Petitioner Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. cons. Stat. § 4904 relating to unworn falsification to authorities. Date: February 23, 2001 ^, ?A) C ?axA Diana Clark, Petitioner DH6.5.00 V r r, cx:;r.It,+ora Lr:s OF: r',ANA 0' LARK, CUMLt:RI./ NU C'Jl .ITY. F'EtJr:SY:.W N11A PLAINTIFF .AINTIFF 'e . KEN,^JETH (:,UMa K' 9z. iCIVIL TEF•'M D(7.FENGr,N i IN.itF: CtsS:TUDY QRDE. ref GQ-01 AND 1`10%], -day of March, 2000, IT 15 CRGERED: (1) Diana Clark and Kenneth Clark shall have "int iegal cus'cdy of "T'£;nlha Clark, born September ^. 0, 1936. and Nico!e: Ciar'e_ born Sept„Y:t'el t3: '9"3 (2) The laeti?iar+ of the mother :a move Sarnantn,a and Nicole to Lily angs. 15 DENIED. (3) The fa:h-.r shall have primary P"r}•si..ai custody of saii,antha mid Nin.-Ie. '' (4) The mother sl-all have temporary physical f'ustody as fullc;ns: (a) [.luring each summer for a four week contimucI?s pen?d s;artin?3 an tt e Er r+ Saturday after the schoo: year ends. Then after a t.;o wesk ?rainueus period with the father, the mother shat! have another three week: ccntinuous period. (', From on the'+Vednesday b .tore ?hanksgiv:ry ih : ur, h after schocl L:efole school begins. (c) From each DecFmher 23" through the last:•±ay t:=s,;,: ,.;kcal badir, (ri) From the end of school on the day Oel*We Sr'!' s:; :,atioh starts throuP the; Gay bt ( r?: ti ett..f . (e) evr.,ning throu;?tt'`-Ir.:J'i e' ° rir.g'i In tlis E?i a from u'Zy `=riuay I ??/JJ P. GI',daY 2'?E+fllnC? If faVr!C!e'y' is a holiday that VIC! n"otrier is :'isAing. (51 The pertias shah share tran;poiiatlt, j for all such ?. riodS of trarnroYar,? ?? 3ucl air" rye' arts Unless physical oustotly and cooperate: In a;lvancp in makirg othe vv se arfree? :he exchanges for custody when the children viart i"•air notr,ec Ili UFic shrill plans :M EXR 6 01, tile, P_nnsywan;a i urnpik:a at P QfIlge:Oe. .n ri..... .t;r Shall insure Ciat the children ark in Goata:.. with 0," e.ir 1-nother by ICI i .C. .c... tell phony rt !ea t two times per week, and he shall cocperate! Vliih if: Setting the tones for these ca'is. t le shall rOt monitor the Calls. a tiD Ein?a^ttt E9 A-J fti.::ola to The fatner shG!1 immediately secure counseling ii,? support thorn tieing better able to adjust to their parents' sc;parr.•tion and any issues deemed ;;,:proprn.aie by the cuunseluf. ;r By the Co'.art. E 1rtar Cd. t;ayiZrY, J. James J. Ka';ier, [.squire For the Mother tas S. ID ehl, Esquire ,-hot, For the Father ,1 .Sad i.. . OF;.! jed DIANA CLARK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH CLARK 99-7348 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday March 12, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Dawn S. Sunday Esq. the conciliator, Wednesday April 11, 2001 at 12••30 p.m. at 39 West Main Street Mechanicsburg, PA 17055 on 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. FOR THE COURT, By: /s/ Dawn S Sundt' Esa-z_u'! ----- 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 00? ADi oNb IlSN?3? Jf?? 81 :I 6dci G l u?6? (Q /0.51. £ AU'V DIANA CLARK, Plaintiff VS. KENNETH CLARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7348 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY' ORDER OF COURT AND NOW, this 1.q day of uk, , 2001, upon consideration of the attached Custody conciliation Report, it is ordered and directed as follows: 1. The prior order of this Court dated March 6, 2000 shall continue in effect as modified by this Order. 2. During the summer school break, the Mother shall have custody of Samantha beginning on the first Saturday after the end of school through the last Saturday before the new school year resumes. The summer custody schedule set forth for Nicole in the March 6, 2000 Order shall continue in effect as adjusted to accommodate Nicole's summer camp arrangements and also as adjusted, if necessary, by recommendation of the Child's counselor, Michael Rodriquez, to serve the Child's best interest. 3. The mother shall have custody of the Children from Wednesday, April 11, 2001 through Monday, April 16, 2001. For this period of custody, the parties shall exchange custody at the Carlisle Police Station at 5:00 p.m. The Mother shall purchase a bus ticket for transportation back to Pennsylvania at the end of the period of custody and the Father shall reimburse the mother for the full amount of the bus fare on or before April 30, 2001. 4. For all exchanges of custody subsequent to the April period of custody in the preceding paragraph, the Father shall purchase bus tickets for transportation of the Children both ways between the Father's residence and Pittsburgh and the mother shall be responsible to provide transportation for the Children both ways between the Mother's residence and Pittsburgh. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the rovisions of this order by mutual consent. In the absence of muti?4d]consepnt, the terms of this Order shall control. j/ BY THE cc: Karl E. Rominger, Esquire - Counsel for Mother Robert L. O'Brien, Esquire - Counsel for Father ?,, <_. < ? ? DIANA CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7348 CIVIL TERM KENNETH CLARK, CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY OCWILIATION SUMMARY REPORT IN ACCORDANCE WITS 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: DATE OF BIRTH CURRENTLY IN CUSTODY OF Samantha Clark September 10, 1986 Nicole Clark September 9, 1988 2. A Conciliation Conference was held following individuals in attendance: The Mi counsel, Karl E. Rominger, Esquire, and the his counsel, Robert L. O'Brien, Esquire. Father Father on April 11, 2001, with the )ther, Diana Clark, with her Father, Kenneth Clark, with 3. The parties agreed to entry of an order in the form as attached. Date Dawn S. Sunday, Esquires Custody Conciliator DIANA CLARK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH CLARK DEFENDANT • 99-7348 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 13, 2004 , 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, Mechanicsburg, PA 17055 on Monday, February 23, 2004 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. Sunday. 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 TEIIS 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 DIANA CLARK, IN THE COURT OF COMMON PLEAS OF N 20()3 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-7348 CIVIL TERM KENNETH CLARK, Defendant IN CUSTODY ORDER OF COURT AND NOW, 2004, upon consideration of the attached Stipulation Regarding CustodyNisitation, it is hereby directed that the parties and. their respective counsel appear before the conciliator, at on the day of , 2004, at o'clock, _.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 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 order, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT: Custody Conciliator By: The Court of Common Pleas of Cumberland County is required by law to comply with the Americans 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 DIANA CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-7348 CIVIL TERM KENNETH CLARK, Defendant IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this (s ( day of 2004, in consideration of the attached Stipulation regarding custody, pending a Conciliation Conference, it is hereby Ordered that: The Mother shall have primary physical custody of Samantha Clark and Nichole Clark. 2. The Father shall have temporary physical custody as follows: (a) During each weekend where Samantha and Nichole have either a Friday or Monday off of school. (b) Other weekends as may be mutually agreed upon by the parties. 3. Diana Clark and Kenneth Clark shall have joint legal custody of Samantha Clark and Nichole Clark. 4. Parties are to designate a half-way point to meet to effectuate custody exchanges. 5. While in the other party's custody, each parent shall have reasonable phone and e-mail contact with the children. 6. at all times. Leeto??,, - 000 Mother shall keep the Father notified of her current address and telephone number By •J luU. 13 DIANA CLARK, Plaintiff V. KENNETH CLARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-7348 CIVIL, TERM IN CUSTODY STIPULATION REGARDING CUSTODYNISITATION Plaintiff' Diana Clark, hereinafter referenced as "Mother." and Defendant Kenneth Clark, hereinafter referenced as "Father," hereby agree to the following terms in an Order defining custody and partial custody rights and responsibilities in relation to Samantha Clark, born 9/10/86, and Nichole Clark, born 9/9/88. The Mother shall have primary physical custodv of Samantha Clark and Nichole ChuL The Father shall have temporary physical custody as follows: (a) During each weekend where Samantha and Nichole have either a Friday or Monday off of school. (b) Other weekends as may be mutually agreed upon by the parties. Diana Clark and Kenneth Clark shall have joint legal custody of Samantha Clark and Nichole Clark. 4. Parties are to designate a half-way point to meet to effectuate custody exchanges. 5. While in the other party's custody, each parent shall have reasonable phone and e-mail contact with the children. 6. Mother shall keep the Father notified of her current address and telephone number at all times. Consent to: I, it 4Y Date Diana Clark - l -o y UIiC---- i l ? li r? l? Date 'Kenneth Clark Date Jessica .» _nd tone, Es N ?) c_x ? j4 C S C"' T mr . w `?x 0 j r G ` W C .? n \C