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Home My WebLink About04-10371N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SPENCER L. CLARK and KAREN ZEIDERS, Plaintiffs LISA A. CLARK and DOYLE WILBORN, Defendants CIVIL ACTION - LAW NO. 2004- /tg.~p ~ IN CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case mayproceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Cmtnty Bar Association 32 South Bedford Street Carlisle, Peimsylvania 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier quej a o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SINO TIENE ABOGADO O SI NO TIENE EL D1NERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 HANFT & KNIGHT, P.C. n& 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SPENCER L. CLARK and KAREN ZEDERS, Plaintiffs LISA A. CLARK and DOYLE WILBORN, Defendants CIVIL ACTION - LAW NO. 2004- j cO ~ '7 1N CUSTODY COMPLAINT FOR PRIMARY CUSTODY AND NOW, this I ~ day of March, 2004, come Plaintiffs, Spencer L. Clark and Karen Zeiders, by and through their attorneys, Hanft & Knight, P.C., and file the following Complaint for Primary Custody in support thereof avers as follows: 1. Plaintiffs, Spencer L. Clark and Karen Zeiders reside at 847 Lindsay Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Lisa A. Clark's residence is unknown and her mailing address is PO Box 2581, Chattanooga, Tennessee 37409. Defendant, Doyle Wilborn resides in Ider, Alabama; his last known mailing address is 5154 Highway 301, Trenton, Georgia 30752. 3. The Plaintiffs seek primary custody and visitation of the following child: Name Present Residence Age D/O/B Crystal Mae Wilborn 847 Lindsay Road 16 2/14/1998 Carlisle, Pennsylvania 17013 The child was born out of wedlock. The child is presently in the physical custody of the Plaintiffs. In addition to the child' s present address, during the past five years, the child has resided with either Plaintiffs or Defendants at the following addresses: 501 Windy Hill Road, Lot 115, Shermansdale, Pennsylvania, and an unknown address in Georgia. The mother of the child is Defendant, Lisa A. Clark, and her residence is unknown; her mailing address is PO Box 2581, Chattanooga, Tennessee 37409. The father of the child is Defendant, Doyle Wilbom, who resides in Ider, Alabama; his last known mailing address is 5154 Highway 301, Trenton, Georgia 30752. 4. The relationship of Plaintiff, Spencer L. Clark to the child is that of stepfather. Plaintiff, Karen Zeiders, stands in loco parentis to the minor child. The Plaintiffs currently reside with the minor child, Crystal Mae Wilbom. 5. The relationship of Defendant, Lisa A. Clark to the child is that of natural mother and her residence is unknown. The relationship of Defendant, Doyle Wilbom to the child is that of natural father and it is believed and therefore averred that he resides in Ider, Alabama. 6. Plaintiffs have not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or another court. The Plaintiffs have no information of a custody proceeding concerning the custody of the child in this or any other court. The Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served best by granting the relief requested because: a) Plaintiff, Spencer L. Clark has had shared physical and legal custody of the child since his marriage to Defendant, Lisa A. Clark, on October 30, 1992; b) The Plaintiffs provide the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) The Plaintiffs are, and have always been, willing to accept custody of the child; and d) The Plaintiffs continue to exercise parental duties and responsibilities and enjoy the love and affection of the child; and e) The Plaintiffs provide a more stable home environment. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiffs respectfully request Your Honorable Court grant Plaintiffs custody of Crystal Mae Wilbom while providing Defendants with visitation. Respectfully submitted, ~:t oanm e5 ~u~;} E9 ;~i~e ~r 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff VERIFICATION We verify that the statements made in this Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. Sp~t~cer L. Clari: ~ SPENCER L. CLARK AND KAREN ZEIDERS : PLAINTIFF : V. LISA A. CLARK AND DOYLE WILBORN : DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA 04-1037 CIVIL ACTIONLAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 18, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear belbre Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 16, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be 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, Speclal Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HEEP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 SPENCER L. CLARK AND KAREN ZEIDERS : PLAINTIFF : : V. LISA A. CLARK AND DOYLE WILBORN : DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1037 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Thursday, March 18, 2004 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear betbre Hubert X. Gilroy, Esq.__, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 16, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, ma 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 alee 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 ali existing Protection from Abuse orders, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy. Esq, mhc 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 betbre 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 OEFICE SE"I' FORTH BELOW TO FIND OUT WHERE YOU CAN GEF LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SPENCER L. CLARK and KAREN ZEDERS, Plaintiffs LISA A. CLARK and DOYLE WILBOKN, Defendants CIVIL ACT[ON - LAW NO. 2004- 1037 IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this ~'~tday of March, 2004, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Custody filed in the above-referenced matter. The Complaint in Custody was maiiled on March 11, 2004, but actual service took place on March 22, 2004, by Defendant signing for a copy of the Complaint in Custody which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Lisa A. Clark PO Box 2581 Chattanooga, Tennessee 37409 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, '-'~ean M. Sh~l~ui : ~ Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, l:'ermsyNania 17013-9142 (717) 249.-5373 F:\User FolderUFirm Docs\Cnmdoc$2004X3395-2c~t~.ser wpd Attorneys for Plaintiff · Print youi'na~e and so that we can return Lhe card to · Attach this card to the back of the Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SPENCER L. CLARK and KAREN ZEIDERS, Plaintiffs LISA A. CLARK and DOYLE WILBORN, Defendants CIVIL ACTION - LAW NO. 2004-. 1037 IN CUSTODY CERTIFICATE OF SERVIC_.E AND NOW, this !4~J~ay of April, 2004, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a Tree and Correct copy of the Complaint in Custody filed in the above-referenced matter. The Complaint in Custody was mailed on March 11, 2004, but actual service took place on March 15, 2004, by Defendant signing for a copy of the Complaint in Custody which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Doyle Wilbom 5154 Highway 301 Trenton, Georgia 30752 A copy of the Certified Mail Receipt and signed Proof of Delivery are attached hereto as Exhibit A and by reference ~ncorporated here~n and made a part hereof. Respectfully submitted, HANFT & 14hNIGHT, P.C. Sean M. Shultz, Esquire ~ Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pem~sylvania 17013-9142 (717) 249-53'73 F/Us~r Folder/Firm DocslGendo¢$2004~3395.2cellser 2 wI~d Attorneys for Plaintiff $0.60 Exhibit "A" US Postal Service 4/13/2004 10:37 PAGE 1/1 RightFax UNI TED S T/J TES Date: 04/13~2004 Fax Transmission To: DOLLY HOUSEL Fax Number: 717-249-0457 Dear DOLLY HOUSEL: The following is in response to your 04/13/2004 request for delivery information on your Certified item number 70032260000087095289. The delivery record shows that this item was delivered on 03/15/2004 at 01:10 PM in TRENTON, GA 30752. The scanned image of the recipient information is provided below. Signature of Recipient.,-- ~.verys~.t~., ./l_v_' ____ Addressof Recipient:" ~ Thank you for selecting the postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service SPENCER L. CLARK and KAREN ZEIDERS, Plaintiff V LISA A. CLARK and, DOYLE VgILBOKN Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : : CIVIL ACTION - LAW : : NO. 2004-10137 : IN CUSTODY : COURT ORDER AND NOW, this _~_ day ofx'4~a "f~l~ attached Custody Conciliation report, it is ordered'and 1. , 2~1)04, upon consideration of the directed as follows: Spencer L. Clark and Karen Zeiders shall enjoy legal and physical custody of Crystal Mae Wilborn, born February 14, 1998. The mother, Lisa A. Clark, and the father, Doyle Wilborn, shall enjoy periods of temporary custody with the minor child at such times and under such circumstances as agreed to by the Plaintiffs. Counsel for the Plaintiffs shah serve a copy o~ this order upon the mother and father at their last known address. In the event the mother and father desire to m~dify this order, either party may file a petition with this court asking the case be referred back to the Custody Conciliator for a conference. In the event there is any hearing scheduled in this case, the court will entertain any arguments relative to standing of the Plaintiffs. Judge cc: Sean M. Shaltz, Esquire :~VZO.,'~Oi-LLO~d ~u~ SPENCER L. CLARK and KAREN ZEIDERS, Plaintiffs V LISA A. CLARK and DOYLE WlLBORN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - 103.7 IN CUSTODY CONCILIATION CONFERENCE SUMM[ARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child w]ho is the subject of this litigation is as follows: Crystal Mae Wilborn, born February 14, 1998. A Conciliation Conference was held on April 22, 2004, with the following individuals in attendance: Attorney Sean M. Shultz, Esquire who represented the step-father Spencer L. Clark and his live-in-girlfriend, Karen Zeiders, who claims rights as having standing in loco-parentis. o Neither the mother nor father appeared, and the Plaintiffs have had custody of the minor child who is 6 years old. In fact, Mr. Clark has resided with the minor child since the child was 3 years old and is, essentially, the only father the child knows. In addition to Karen Zeiders being involved with the child at this point, it is appropriate to have her named as the custodian because she can provide health insurance coverage for the child through her employment. 4. The conciliator recommends an order in the form as attached. Hubert X)A]ilroy, Esquire Cu~/~aUonciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SPENCER L. CLARK and KAREN ZEDERS, Plaintiffs LISA A. CLARK and DOYLE WILBORN, Defendants CWIL ACTION - LAW NO. 2004- 1.037 IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this ~ day of May, 2004, I, Sean M. Shultz, Esquire, hereby certify that the following persons were served with a True and Correct copy of' the Order of Court dated May 5, 2004, in the above-referenced matter. The Order of Court was mailed on May 10, 2004, but actual service took place on Defendant Doyle Wilbom, on May 13, 2004, and on Defendant Lisa A. Clark on May 14, 2004, by Defendant receiving a copy of the Order of Court which was mailed by United States Mail, Certified Mail--Return Receipt Requested, Postage Prepaid, addressed as follows: Lisa A. Clark PO Box 2581 Chattanooga, Tennessee 37409 Doyle Wilbom 5154 Highway 301 Trenton, Georgia 30752 Copies of the signed Domestic Return Receipts are attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, HANFT & tCNIGHT, P.C. ~'-'--'S~ea~ M. Shultz, Esquire- ~ Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pel~sylvania 17013-9142 (717) 249-5373 F:\User Fold-~'\Fir~ Docs\Ge~docs2004X3395-2ce~t $¢rvlc¢ wpd Attorneys for Plaintiffs · complete'items 1,2, and Item 4 if Restricted Delivery is · Print your name and address on the reverse so that we can return the card to you. B.-Recelved by ( Prln~:f Name) . E of Delive · Attach this card to the back of the mailph)ce, or on the front if Space permits. ~ address different from item 17 -1 yes 1. Article Addressed to: . If YES, enter (~etivery addreSs below: [] No · , 7002 0 : item · Print ou~ n~rn = so that we can return the ~ At~aCh tl~is Card to the '~ ~:qr ?Rtl~e fmpt If sPa~