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HomeMy WebLinkAbout08-3808MICHAEL A. CLARK, Plaintiff V. MARY T. CASTLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Michael A. Clark, an adult individual, residing at 4 South Jo Road, Shiremanstown, Cumberland County, Pennsylvania. 2. The Defendant is Mary T. Castle, an adult individual, residing at 122 Market Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Present Residence Date of Birth Sean Michael Clark 4 South Johns Road, Shiremanstown, PA January 26, 1999 122 North Market Street, Mechanicsburg, PA The child was born out of wedlock. FLOWER & LINDS?" 26 West High Street Carlisle, PA The parents presently share custody of the child. During the past five years, the child has resided with the following persons and at following addresses: Name Address Dates Michael A. Clark and Mary T. Castle 122 North Market Street May 2001 to May 2006 Mechanicsburg, PA Mary T. Castle, Clarence Hienly 122 North Market Street May 2006 to the present and Trevor Kirby Mechanicsburg, PA Michael Clark and Barbara Clark 4 South Johns Road May 2006 to the present Shiremanstown, PA The mother of the child is Mary T. Castle, currently residing at 122 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania. She is single. The father of the child is Michael A. Clark, currently residing at 4 South Johns Road, Shiremanstown, Cumberland County, Pennsylvania. He is married. 4. The relationship of Plaintiff to the child is that of Father. 5. The relationship of Defendant to the child is that of Mother. 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 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 granti the relief requested because: a. Father can best care for the spiritual, intellectual, physical and emotional needs of the child. b. At the time the parties separated, they entered into an Agreement, a FLOWER & LINDSAY AITOOMMM-LAW 26 West High Street Carlisle, PA of which is attached hereto as Exhibit "A" agreeing to equally share custody of the child. The parties shared custody pursuant to their Agreement until Memorial Day 2008 all which time Mother unilaterally determined that Father could no longer see the child on Mondays and Wednesdays. She has refused to provide the child to him on May 28, June 2, 4, 9, 11, 16, 18 and 23. C. Mother has not been a careful caregiver for the child and does n properly supervise him. 8. Each parent whose parental rights to the child have not been terminated and th person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests this Honorable Court to grant legal and prima physical custody of the child to him subject to periods of partial custody to Defendant and t order Defendant to make up those days of custody which she has denied Defendant since Ma 26, 2008. SAIDIS, FLOWER A'C*D*Y Carol J. Lindsay,.Es ID No. 44693 ?//. 26 West High 8 Me Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA A 3 C m ? $ 'A n .x > D Q ? ? TI m s z ? z r p w z _ D n a } 3 R S d D 0 T c? CL cm O 01 c m 0 n v N o' a rt V! f 3 m 3 X, =r a ? 3 Cp m ? a C/) 3 = 01 d O S ;z a p d O O O N n ?. C Er X . r m Cf) N not CL ° o CD c 6 -0 (D m m d 0) :3 Q `2 c o o > vs n? CD W0 CL ? CL c °o? 0 n CD m CL 0 m N m ?? CL c co ? O m Cl) o ? m o CL w c 0 m CL o -Q 3 (n N cG O ID N O 1 N y- C3 vA -C o 0 o? u VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. tyL ?? 3, (k% Michael A. Clark Date: U -A 4- 60 SAWIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA C°? r.? C7- CO =I d MICHAEL A. CLARK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARY T. CASTLE DEFENDANT • 2008-3808 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, June 30, 2008 , 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 Thursday, July 31, 2008 at 11:00 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. 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/ john, Man an r. Es q. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 v? o 7,S :Z ''d U PIr Root iL .. MICHAEL A. CLARK, Plaintiff V. MARY T. CASTLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-3808 IN CUSTODY AFFIDAVIT OF SERVICE I, Carol J. Lindsay, Esquire, being duly sworn according to law, hereby deposes and says that on June 28, 2008, 1 served a true and correct copy of Complaint for Custody upon Mary T. Castle, by mailing that document to her address at 122 North Market Street, Mechanicsburg, PA 17055, by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, Mary T. Castle. Respectfully submitted, SAIDIS, FL-eW-E-R.4 ^SAY Carol J. Lind Iuire Attorney Id. P4etreet 26 West High Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY a 26 West High Street Carlisle, PA Dated: July 2, 2008 Carlisle, PA =Mm bn1, r . D 2. Wd I r'a AIM OWWW SAIDIS, FLOWER & LIlVDS" LAW 26 West High Street d"k • PIN V address on the cw m s.emwl am rswm the awd to YOU. . J- M. * thb card to the back of the mdPIOM or an the hart M specs tom' t. AAMu Addrwed to: CcLs41 e tilorth rnar?e4 ?-? rv1e.CAOLA I CS&L-rR t PA 1-7059 L OMW A"* 6. (RiriMd 1MMFiN 1 C: DWA of D*M V tills D. k dMwiY ? No N nis m iq? Md ? wdw D kwa.d M d C] C.Q.DI 7008 0150 0001 6187 6037 Myirwr!? W4 DwwdW AMbM ~$' 1M _?? rC f? `µ ? .?;" , ??! MICHAEL A. CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-3808 CIVIL ACTION LAW MARY T. CASTLE, IN CUSTODY Defendant ORDER OF COURT AND NOW this day of September 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Michael A. Clark, and the Mother, Mary T. Castle, shall have shared legal custody of Sean M. Clark, born 01/26/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother and Father shall share physical custody of the Child arranged as follows: a. Father shall have physical custody of the Child every Monday and Wednesday and the Mother shall have physical custody of the Child every Tuesday and Thursday. The party receiving custody shall pick the Child up after work and then take the Child to school the next morning or to the other parent's residence before work by agreement. b. The parents shall alternate weekends of physical custody from Friday until Monday morning. The exchanges shall be from after work on Friday and the Child shall be delivered to school Monday morning or to the other parent's residence before work by agreement. During periods of time that the Child is not in school, the Monday exchanges shall be at 12:00 pm to daycare. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as follows and as attached unless otherwise mutually agreed upon. 5. Each parent shall have one week of vacation with the Child per year and shall be scheduled over the requesting parent's weekend. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a ',+", o telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 6. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 9. Mother shall claim the Child for tax purposes in even years and Father shall claim the Child for tax purposes in odd years. 10. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. During any periods of custody or visitation, the parties shall not smoke in confined places. The parties shall likewise assure, to the extent possible, that other household members and/or house guests or automobile occupants comply with this provision. 12. Relocation: The parties have negotiated the custody portions of this Agreement based upon the parties' residence in Cumberland County. If either party intends to establish residency outside of Cumberland County or change school districts for the Child, he or she must give to the other parent at least sixty (60) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 13. This Order is entered pursuant to 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. 14. A status update conference is hereby scheduled for November 6, 2008 at 9:00 am at the Cumberland County Court of Common Pleas. tribution: ?l Lindsay, Esquire T. Castle, 122 North Market Street, Mechanicsburg, PA f0i J. Mangan, Esquire copt"e-s e7l-W15L Rv 41ka (?roirf HOLIDAYS AND THAES SPECIAL DAYS Easter Day Whichever parent has custody of the Child the morning of the Holiday shall keep the Child until noon and then the other parent shall have from noon until 5:00 m Memorial Day Whichever parent has custody of the Child the morning of the Holiday shall keep the Child until noon and then the other parent shall have from noon until 5:00 m Independence Day Whichever parent has custody of the Child the morning of the Holiday shall keep the Child until noon and then the other parent shall have from noon until 5:00 m Labor Day Whichever parent has custody of the Child the morning of the Holiday shall keep the Child until noon and then the other parent shall have from noon until 5:00 m Halloween From one hour before trick or treating to one hour after trick or treating Thanksgiving 1 Father shall have custody of the Child until noon on Thursday and the Mother Even ears shall have custody of the Child from noon on Thursday until Friday 5:00 m Thanksgiving 2 Father shall have custody of the Child until 5:00 pm on Thursday and the Odd years Mother shall have custody of the Child from 5:00 pm on Thursday until Friday 5:00 m Christmas Whichever parent has custody of the Child pursuant to the regular custody schedule on Christmas Eve, that parent shall have the Child until noon on Christmas Day. The other parent shall have from noon 12/25 until noon 12/26. New Year's Whichever parent has custody of the Child the morning of the Holiday shall keep the Child until noon and then the other parent shall have from noon until 5:00 m Mother's Da Mother from 9 am until 9 m Father's Da Father from 9 am until 9 m MICHAEL A. CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-3808 CIVIL ACTION LAW MARY T. CASTLE, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Sean M. Clark 01/26/1999 Shared 2. A Conciliation Conference was held with regard to this matter on September 3, 2008 with the following individuals in attendance: The Mother, Mary T. Castle, pro se The Father, Michael A. Clark, with his counsel, Carol Lindsay, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 7 X'/ Date Jo J. angan, Esquir r1f sto Conciliator