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HomeMy WebLinkAbout08-0855DANIELLE H. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CUSTODY RICARDO M. ALAMO, Defendant NO. -07- CIVIL TERM NOTICE 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 Children. 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. DANIELLE H. CLARK, Plaintiff V. RICARDO M. ALAMO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY : NO. 0$- t 5"S' CIVIL TERM COMPLAINT FOR CUSTODY The Plaintiff, Danielle H. Clark, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The Plaintiff is Danielle H. Clark, who currently resides at 28 Appalachian Trail Road, P.O. Box 173, Gardners, 17324, Cumberland County, Pennsylvania. 2. Defendant is Ricardo M. Alamo, who currently resides at 373 Gardners Station Road, Gardners, 17324, Adams County, Pennsylvania. 3. Plaintiff seeks primary custody of: Name Present Residence Donte Alexander Alamo 28 Appalachian Trail Road, P.O. Box 173, Gardners, 17324, Cumberland County, Pennsylvania Mia Aries Alamo 28 Appalachian Trail Road, P.O. Box 173, Gardners, 17324, Cumberland County, Pennsylvania The Children are presently in the custody of Danielle H. Clark, who resides at 28 Appalachian Trail Road, P.O. Box 173, Gardners, 17324, Cumberland County, Pennsylvania. Age 6 3 During the past five years the Children has resided with the following persons at the following addresses: Persons Danielle H. Clark Danielle H. Clark Ricardo M. Alamo Danielle H. Clark Ricardo M. Alamo Address 28 Appalachian Trail Road, P.O. Box 173, Gardners, 17324, Cumberland County, Pennsylvania 373 Gardners Station Road, Gardners, 17324, Adams County, Pennsylvania 7 Pine Road, Apartment 501, Mt. Holly Springs, 17065, Cumberland County, Pennsylvania The mother of the Children is Danielle H. Clark. She is married to Ricardo M. Alamo. The father of the Children is Ricardo M. Alamo. He is married to Danielle H. Clark. Dates 8/2007-12/2007 8/2003-8/2007 2/2002-8/2003 4. The relationship of Plaintiff to the Children is that of mother. The Plaintiff currently resides with the following persons: Name Relationship Donte Alexander Alamo Son Mia Aries Alamo Daughter 5. The relationship of defendant to the Children is that of father. The defendant currently resides with the following persons: Name Ricky Bupp Relationship Roommate/Friend 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. Plaintiff has no information of a custody proceeding concerning the Children 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 Children or claims to have custody or visitation rights with respect to the Children. 7. The best interest and permanent welfare of the Children will be served by granting the relief requested because: a. Plaintiff has been the Children's primary caretaker for all of the Children's lives; b. Plaintiff provides the Children with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the Children's needs; c. Plaintiff has permitted contact between Defendant and the Children and will continue to do so; d. Plaintiff is willing to accept custody of the Children. 8. Each parent whose parental rights to the Children have not been terminated and the person who has physical custody to the Children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant her shared legal custody and primary physical custody of the Children, with the father having periods of partial physical custody. Date: ,9007 fiu? A S M. PLACE yk'? 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 Respectfully submitted, 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. 4c(? Danielle H. Clark n rll> ? T d L,: rrl ? 47 ? y l DANIELLE H. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CUSTODY RICARDO M. ALAMO, Defendant NO. -6q-- CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Danielle H. 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. Date -r- 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 r" - C-, .o 'Ti -*i r Crl 1.. ? i it G) r„j r'ri iJ A DANIELLE H. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY RICARDO M. ALAMO, Defendant. : NO. CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this day of 6, 2008, between Danielle H. Clark (Mother) and Ricardo M. Alamo (Father) concerns the custody of their children: Donte Alexander Alamo, born December 23, 2001, and Mia Aries Alamo, born June 25, 2004, (the children). Mother and Father desire to enter into an agreement as to the custody of the children. Mother and Father agree to the following: 1. Mother and Father shall share legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children every other weekend, from Friday at 3:00 p.m. through Sunday at 3:00 p.m. 4. Mother and Father shall determine drop off and pick up times and locations, as mutually agreed. 5. Holidays: Mother shall have custody of the children on Thanksgiving, Christmas Eve and Christmas Day, and Easter: Mother and Father shall divide the remaining holiday breaks by mutual agreement. The remaining school holiday breaks shall be divided in equal portions of time between each parent. / 6. Summer break: During the summer school vacation months, Mother and Father shall share custody of the children on an alternating two week / one week basis, beginning the first Friday after the last day of school in the school district where the children reside. Father shall have the children for two weeks, Mother shall have the children for one week, then Father shall have the children for two weeks and so on. When Father has custody of the children for his two-week periods, Mother shall have the children those weekends, from Friday at 3:00 p.m. through Sunday at 3:00 p.m. When Mother has the children for her one-week periods, Father shall have the children those weekends, from Friday at 3:00 p.m. through Sunday at 3:00 p.m. 7. The holiday and summer break custody schedule shall supersede and take precedence over the regular custody schedule. 8. Mother and Father shall notify each other of all medical care the children receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 9. Neither parent will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 10. Father acknowledges that the Family Law Clinic represents only Mother's interest in this matter and has given him no legal advice other than toseek the advice of his own legal counsel. 11. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. 12. The parties may modify the terms of this agreement by mutual agreement only. 'f Danielle H. Clark, Plaintiff Wit' s FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 ROB INS THOMA M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Counsel for Plaintiff M. Alamo; 1. Awi ?ss V 1"^ 1 W w DANIELLE H. CLARK, Plaintiff V. RICARDO M. ALAMO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY :NO. 08- fS3, CUSTODY ORDER CIVIL TERM FEB 6 2008 KC AND NOW, this day of 2008, the following Order is entered by consent of the parties with regard to custody of the parties' minor Children, Donte Alexander Alamo, born December, 23, 2001, and Mia Aries Alamo, born June, 25, 2004, hereinafter Children. As per the attached and signed custody agreement, the following terms are approved and entered as an order of court: 1. Mother and Father shall share legal custody of the children. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children every other weekend, from Friday at 3:00 p.m. through Sunday at 3:00 p.m. 4. Mother and Father shall determine drop off and pick up times and locations, as mutually agreed. 5. Holidays: Mother shall have custody of the children on Thanksgiving, Christmas Eve and Christmas Day, and Easter. Mother and Father shall divide the remaining holiday breaks by mutual agreement. The remaining school holiday breaks shall be divided in equal portions of time between each parent. tnr.r '? rtr"1 4? o c,Z : I l4d 8 - qlj OCR 6. Summer break: During the summer school vacation months, Mother and Father shall share custody of the children on an alternating two week / one week basis, beginning the first Friday after the last day of school in the school district where the children reside. Father shall have the children for two weeks, Mother shall have the children for one week, then Father shall have the children for two weeks and so on. When Father has custody of the children for his two-week periods, Mother shall have the children those weekends, from Friday at 3:00 p.m. through Sunday at 3:00 p.m. When Mother has the children for her one-week periods, Father shall have the children those weekends, from Friday at 3:00 p.m. through Sunday at 3:00 p.m. 7. The holiday and summer break custody schedule shall supersede and take precedence over the regular custody schedule. 8. Mother and Father shall notify each other of all medical care the children receive while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the children are in that parent's care. 9. Neither parent will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 10. Father acknowledges that the Family Law Clinic represents only Mother's interest in this matter and has given him no legal advice other than toseek the advice of his own legal counsel. 11. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. 12. The parties may modify the terms of this agreement by mutual agreement only. BY THE COURT: