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HomeMy WebLinkAbout07-4236NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, you may lose rights and visitation of your child. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PA 17013 (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. Bradley D. Clark, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY Amber Behney, Defendant. : NO. D'Z'- ~(,23~, CIVIL TERM COMPLAINT FOR CUSTODY Plaintiff, Bradley D. Clark, by his attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. Plaintiff is Bradley D. Clark, residing at 29 South 2°d Street, Wormleysburg, Cumberland County, Pennsylvania 17043. 2. Defendant is Amber Behney, residing at 27 Augusta Drive, Annville, Lebanon County, Pennsylvania 17033. 3. Plaintiff seeks primary custody of: Name Present Residence Age Tyler Clark 29 South 2°d Street 2 years, l0 months Wormleysburg, PA 17043 The child was born out of wedlock. The child is presently in the custody of Bradley Clark, who resides at 29 South 2nd Street, Wormleysburg, Cumberland County, Pennsylvania 17043. Since birth, the child has resided with the following persons at the following addresses: Persons Address Dates Bradley D. Clark Lisa Clark Micala Reese Taylor Reese Anthony Reese 29 South 2°d Street Wormlesyburg, PA 17043 May 2006 to present The parties had a 50/50 custody arrangement from August 2005 to May 2006: Bradley D. Clark 29 South 2°d Street August 2005 to Lisa Clark Wormlesyburg, PA 17043 May 2006 Micala Reese Taylor Reese Anthony Reese and Amber Behney 27 Augusta Drive August 2005 to Donna Haag Annville, PA 17033 May 2006 Michael Haag Edward Behney Bradley D. Clark 918 Chestnut Drive August 2004 to Amber Behney Lebanon, PA 17042 August 2005 The mother of the child is Amber Behney. She is single. The father of the child is Bradley D. Clark. He is married. 4. The relationship of Plaintiff to the child is that of father. Plaintiff currently resides with the following persons: Name Tyler Clark Lisa Clark Micala Reese Taylor Reese Anthony Reese Relationship Plaintiff s son Plaintiff s wife Plaintiff s stepdaughter Plaintiff s stepdaughter Plaintiff s stepson 5. The relationship of Defendant to the child is that of mother. Defendant currently resides with the following persons: Name Relationship Donna Haag Defendant's mother Michael Haag Defendant's stepfather Edward Behney Defendant's brother 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff provides the child with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; b. Until the child's behavioral therapist recently indicated that visits with Defendant are emotionally harmful to the child, Plaintiff encouraged contact between Defendant and the child; c. Plaintiff is willing to accept custody of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody to the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant him sole legal custody and primary physical custody of the child, with Defendant having limited periods of supervised partial custody. Plaintiff requests that the frequency and duration of Defendant's periods of partial custody be established by the recommendation of the child's therapist. Respectfully submitted, Date• ~g a6Q7 Holly O. aughn Certified Legal Intern THOMA M. PLACE ~/ ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Bradley .Clark, Plaintiff (", r,-> c-a i_ C.~."_ '_~ -Tl T' ~_T. ~~ ~~_ ~~ T7 ,.r t ....~ _~ C.~J ua _ y _ 1 za '•1 t:D f, Bradley D. Clark, Plaintiff v. Amber Behney, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY NO. 07 - 1/ ~, 3 (~, CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Bradley D. Clark, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date ~ 8 2~00~ Holly O. V ghn Certified Legal Intern ROBE E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C`? rv ~' ~ C~ ,•~ ~_1 sl ti„~ ~"'_ «) t` I j _ _it l~i ~~ E:S • • "-{ f-r' .~ • ..,~ BRADLEY D. CLARK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 07-4236 CIVIL ACTION LAW AMBER BEI-INEY IN CUSTODY DEFF..•.NDANT ORllER OF COURT AND NOW, Tuesday, July 24, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, _Cumberland County Courthouse, Carlisle on Tuesday, August 14, 2007 ~_ __ at _1.00 PM for aPre-Hearing Custody Canference. 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 ale 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 4$ hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn .Man an r. Es . 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. 1F YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YUU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 - ~ ~ti.,..~, Bradley D. Clark, Plaintiff v Amber Behney, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW :CUSTODY No. 07-4236 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT To The Prothonotary: Please reinstate the Custody Complaint at the above-captioned docket. Date: y~U~~r Holly O. aughn Certifieeed Legal Injjtern ~~~Kr~,~(~ r THOMAS M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIE5MEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 C~ ^U ray ® ~ ,~~_' i '' x~ --t r~' t ;~; -~ _ ~' ~ __ ~ ~ ~~ - r ._~ C.g: -C Bradley D. Clazk, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY Amber Behney, . Defendant. : N0.07-4236 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 7~' day of September, 2007, between Bradley D. Clazk ("Father's and Amber Behney ("Mother") concerns the custody of their child, Tyler Clark, born August 28, 2004. Father and Mother desire to enter into an agreement as to the custody of the child. Father and Mother agree to the following. 1. Father shall have legal custody of the child. 2. Father shall have primary physical custody of the child. 3. Mother shall have periods of partial physical custody of the child. 4. Mother shall have the child every other weekend beginning Friday, August 10, 2007. Both parties shall agree on pick up and drop off times for Mother's weekends with the child. 5. Mother shall attend the child's behavioral therapy sessions with Erin Thomas on Tuesdays, the day that Mother has off from work. 6. For the Christmas holiday, Father shall have the child from 6 p.m. on December 24`~ until 1 p.m. on December 25~' and Mother shall have the child from December 25~' at 1 p.m. until 9 p.m. in even numbered years. Mother shall have the child from 6 p.m. December 24~' until 1 p.m. on December 25~' and Father shall have the child from December 25~' at 1 p.m. until 9 p.m. in odd numbered yeazs. 7. Mother shall have the child on Mother's Day from 10 a.m. until ? p.m. Father shall have the child on Father's Day from 10 a.m. until ? p.m. 8. On Thanksgiving Day and Easter Sunday, Father shall have the child from 10 a.m. until ? p.m. in odd numbered years and Mother shall have the child from 10 a.m. until ? p.m. in even numbered yeazs. 9. On the day that the July 4~` holiday is federally recognized, Father shall have the child from 10 a.m. until 10 p.m. in odd numbered years and Mother shall have the child from 10 a.m. until 10 p.m. in even numbered yeazs. l0.On the days that Memorial Day and Labor Day holidays are federally recognized, Father shall have the child from 10 a.m. until ? p.m. in odd numbered yeazs and Mother shall have the child from 10 a.m. until ? p.m. in even numbered years. 11. For the Halloween holiday, in the event that trick or treat night is the same in each pazents' localities, Mother shall have the child from 5 p.m. until 9 p.m. in odd numbered years and Father shall have the child from 5 p.m. until 9 p.m. in even numbered years. If trick or treat night occurs on different nights in each pazent's localities, each pazent shall have the child from 5 p.m. until 9 p.m. on the night that parent's locality has trick or treat night. 12. For the child's birthday, if the child's school yeaz has not started, Mother shall have the child the day before the child's birthday from 10 a.m. until ? p.m. and Father shall have the child the day of the child's birthday from 10 a.m. until ? p.m. in even numbered years. Father shall have the child the day before the child's birthday from 10 a.m. until ? p.m. and Mother shall have the child the day of the child's birthday from 10 a.m. until ? p.m. in odd numbered years. If the child's school yeaz has started, each pazent shall have the child on his or her respective day from the end of the school day until ? p.m. 13. For summer vacation, each pazent shall have the option to choose two weeks which shall not be intemtpted by the other parent to have the child for vacation. Each pazent shall notify the other parent in writing at least one month in advance of the intended vacation period. 14. Mother and Father shall agree upon drop off and pick up times and locations. 15. Mother and Father shall notify each other of all medical care the child receives while in the pazent's Gaze. Mother and Father shall notify the other immediately of medical emergencies which arise while the child is in that pazent's caze. 16. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other pazent or which may hamper the free and natural development of the child's love and respect for the other pazent. 17. Mother acknowledges that the Family Law Clinic represented only Father's interest in this matter and has given her no legal advice other than that she should seek the advice of legal counsel. 18. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. radley D. Clazk, Plaintiff Holly O. aughn Certified Legal Intern Counsel for Plaintiff G , OBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Cazlisle, PA 17013 (717)243-2968 Fax (717)243-3639 ~,1~-~1~ `'~'~ • 10 Behney, Defendant ~i ti. F, , "' C/1 _ ~~ ~9 ~, .y,....1...' `' ~ ~/~ T (T^7 _~..~..JJ~ ("i ~~ '~ ~~ "~ SEP $`~ X001 ~r Bradley D. Clazk, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY Amber Behney, Defendant : No. 07-4236 CIVIL TERM ORDER OF COURT AND NOW, this day of , 2007, the Court accepts the parties' Custody Agreement signed September 7, 2007 and enters as an Order of Court the following agreement: 1. Bradley D. Clark ("Father") shall have legal custody of the child, Tyler Clark, born August 28, 2004. 2. Father shall have primary physical custody of the child. 3. Amber Behney ("Mother") shall have periods of partial physical custody of the child. 4. Mother shall have the child every other weekend beginning Friday, August 10, 2007. Both parties shall agree on pick up and drop offtimes for Mother's weekends with the child. i V ~ ~ ~' ~~ ~~ ~~V ~ULV ~W V~t~ rid'` i.:~_~.r~~ ~H.1. ~~ ~'~1~~~~?I~ 5. Mother shall attend the child's behavioral therapy sessions with Erin Thomas on Tuesdays, the day that Mother has off from work. 6. For the Christmas holiday, Father shall have the child from 6 p.m. on December 24th until 1 p.m. on December 25th and Mother shall have the child from December 25th at 1 p.m. until 9 p.m. in even numbered years. Mother shall have the child from 6 p.m. December 24th until 1 p.m. on December 25th and Father shall have the child from December 25th at 1 p.m. until 9 p.m. in odd numbered years.. 7. Mother shall have the child on Mother's Day from 10 a.m. until ? p.m. Father shall have the child on Father's Day from 10 a.m. until ? p.m. 8. On Thanksgiving Day and Easter Sunday, Father shall have the child from 10 a.m. until ? p.m. in odd numbered yeazs and Mother shall have the child from 10 a.m. until ? p.m. in even numbered years. 9. On the day that the July 4th holiday is federally recognized, Father shall have the child from 10 a.m. until 10 p.m. in odd numbered yeazs and Mother shall have the child from 10 a.m. until 10 p.m. in even numbered yeazs. l0.On the days that Memorial Day and Labor Day holidays aze federally recognized, Father shall have the child from 10 a.m. until 7 p.m. in odd numbered years and Mother shall have the child from 10 a.m. until ? p.m. in even numbered yeazs. 11. For the Halloween holiday, in the event that trick or treat night is the same in each parents' localities, Mother shall have the child from 5 p.m. until 9 p.m. in odd numbered years and Father shall have the child from 5 p.m. until 9 p.m. in even numbered yeazs. If trick or treat night occurs on different nights in each parent's localities, each pazent shall have the child from 5 p.m. until 9 p.m. on the night that pazent's locality has trick or treat night. 12. For the child's birthday, if the child's school yeaz has not started, Mother shall have the child the day before the child's birthday from 10 a.m. until ? p.m. and Father shall have the child the day of the child's birthday from 10 a.m. until ? p.m. in even numbered years. Father shall have the child the day before the child's birthday from 10 a.m. until ? p.m. and Mother shall have the child the day of the child's birthday from 10 a.m. until ? p.m. in odd numbered yeazs. If the child's school yeaz has started, each pazent shall have the child on his or her respective day from the end of the school day until 7 p.m. 13. For summer vacation, each parent shall have the option to choose two weeks which shall not be interrupted by the other parent to have the child for vacation. Each pazent shall notify the other pazent in writing at least one month in advance of the intended vacation period. 14. Mother and Father shall agree upon drop off and pick up times and locations. 15. Mother and Father shall notify each other of all medical caze the child receives while in the parent's Gaze. Mother and Father shall notify the other immediately of medical emergencies which arise while the .child is in that parent's care. 16. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other pazent. BY THE COURT,