HomeMy WebLinkAbout04-2063ELISABETH JUNE CLOUGH,
Petitioner
JACOB MARSHALL CLOUGH,
Respondent
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND, PENNSYLVANIA
No. Oq-
CIVIL ACTION - CUSTODY
COMPLAINT FOR CUSTODY
The Petitioner is ELISABETH JUNE CLOUGH, a citizen of Pennsylvania, residing at
106 Summer Lane, Enola, Pennsylvania, 17025.
The Respondent is JACOB MARSHALL CLOUGH, a citizen of Pennsylvania, his
address is unknown.
3. Petitioner seeks custody of the following children:
Name Present Residence Age
Simon Jacob Clough
106 Summer Lane.
Enola, Pennsylvania
3
(D.O.B 5-18-01)
Momingstar Elisabeth Clough 106 Summer Lane
Enola, Pennsylvania
I
(D.O.B. 3-8-03)
The children are presently in the custody Petitioner, Elisabeth June Clough, who resides
at 106 Summer Lane, Enola, Pennsylvania.
During the past five years, the children have resided with the following persons and at the
following addresses:
From T._9.o With Whom Address
5/01 12/01 Mother and Father Roxbury St.
Keene, NH
12/01 6/03 Mother and Father 1028 Main St.
North Walpole, NH
6/03 3/04 Mother and Father 232 Beaver St.
Keene, NH
3/04 Present Mother
106 Summer Lane
Enola, Pennsylvania
o
go
10.
11.
12.
13.
Simon Jacob Clough and Morningstar Elisabeth Clough were born in wedlock.
The mother of the children is Elisabeth June Clough, currently residing at 106 Summer
Lane, Enola, Pennsylvania. She is married.
The father of the children is the Petitioner, Jacob Marshall Clough, his address is
unknown. He is married.
The relationship of Petitioner to the children is that of mother.
The relationship of Respondent to the children is that of father.
Petitioner 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.
Petitioner has no information of a custody proceeding concerning the children pending in
a court of this Commonwealth.
Petitioner does not know ora 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.
The best interest and permanent welfare of the children will be served by granting the
relief requested because Petitioner would be the most appropriate primary care giver.
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.
WHEREFORE, Petitioner requests the court to grant custody of the children.
Respectfully submitted,
DATE:
~~.S.oner
1101 North Front Street
Harrisburg, Pa 17102
ID # 10625
(717) 234-4583
ELISABETH JUNE CLOUGH,
Petitioner
JACOB MARSHALL CLOUGH,
Respondent
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND, PENNSYLVANIA
:
: NO.
:
: CIVIL ACTION - CUSTODY
..
CERTIFICATE OF SERVICE
AND NOW, this xc:~ day of May, 2004, I, Janelle J. Monday, for the Law Firm of
Krevsky & Rosen, P.C., attorneys for Petitioner ELISABETH JUNE CLOUGH, hereby
certify that I have this day served a copy of the Complaint via First Class U.S. Mail, Certified
Mail on the following:
JACOB MARSHALL CLOUGH
121 RAILROAD STREET
KEENE, NEW HAMPSHIRE 03431
JanelleCJ. Monday
1101 North Front Street
Harrisburg, PA 17102
(717) 234-4583
ELISABETH JUNE CLOUGH,
Petitioner
JACOB MARSHALL CLOUGH,
Respondent
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND, PENNSYLVANIA
:
: NO.
:
: CIVIL ACTION - CUSTODY
..
VERIFICATION
I, ELISABETH JUNE CLOUGH, hereby verify that the information contained
in the foregoing Complaint is true and correct to the best of our knowledge, information
and belief. I also understand that false statements made herein are subject to the penalties
of 18 Pa. C.S. § 4904, relating to sworn falsification to authorities.
DATE:
~7
ELISABETH JUNE CLOUGH
PLAINTIFF
V.
JACOB MARSHALL CLOUGH
DEFENDANT
IN THE COURT OF ~OMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-2063 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, May 12, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before IVlelissa P. Greevy, Esq. , the conciliator,
at 301 Market Street, Lemoyne, PA 17043 on Thursday, June 17, 2004 at 8:30 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 defme 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 a!opear 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 pti.ar to scheduled hearing.
FORTHECOURT~
By: /s/
Melissa P. Greevy. Esq.
Custody Conciliator
mhc
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabihtes 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 17Cq3
Telephone (717) 249-3166
.,~ o-
.~ o. ~/-,>-
ELISABETH JUNE CLOUGH,
Plaintiff
V.
JACOB MARSHALL CLOUGH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-2063 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, this ~ day of ~, ~0~on, consideration of the Custody
Conciliation Summary Report, it is hereby ordered and directed as follows:
1. ~. The Mother, Elisabeth June Clough and the Father, Jacob
Marshall Clough, shall have shared legal custody of the minor children, Simon Jacob
Clough, born May 18, 2001, and Momingstar Elisabeth Clough, bom March 8, 2003.
2. ~. Mother shall have primary, physical custody. Father shall
have partial, physical custody of Simon and visitation with Morningstar arranged as follows:
A. From July 22, 2004 through July 26, 2004.
B. Beginning August 6, 2004 on alternating weekends from Friday
through Monday.
C. Father's visitation at Mother's home with Momingstar is an
accommodation made in consideration of Morningstar's age, that she is
nursing, and the seven-hour drive to Father's home in New Hampshire.
3. ~. The parties will share transportation by using a mutually-
agreed upon meeting point to be determined and arranged by the parties. However, some
of the time, Father will provide all transportation so that he may have the opportunity to
spend time with Morningstar.
NO. 04-2063 CIVIL TERM
Custody Conciliation Conferen,ce shall reconvene on
,2004 at I'.O~,~at the office of the, Custody Conciliator, Melissa
eel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. At the time the
Conference reconvenes, the parties will be prepared to talk about how they will share time
with the children around the holidays. The parents will.atso~e~te how fi)e~hildren are
adjusting to the temporary plan that they have agreed t° try in thi~:le~,~
BY TH~ COURT:
J.
Diet: ,.~andford A. Krevsky, Esquire, 1101 N. Front Street, Harrisburg, PA 17102
J~l~e Adams, Esquire, 117 S. Hanover Street, Carlisle, PA 17013
ELISABETH JUNE CLOUGH,
Plaintiff
V.
JACOB MARSHALL CLOUGH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-2063 CIVIL TERM
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 child who is the subject of this
litigation is as follows:
.NAME
Simon Jacob Clough
Morningstar Elisabeth
DATE OF BIRTH
May 18, 2001
March 8, 2003
CURRENTLY IN THE CUSTODY OF
Mother
Mother
2. A Custody Conciliation Conference was held on July 21, 2004 following
Mother's filing of a Complaint for Custody on May 7, 2004. Attending the conference were:
the Mother, Elisabeth June Clough, and her counsel, Sandford A. Krevsky, Esquire; the
Father, Jacob Marshall Clough, and his counsel, Jane Adams, Esquire. This was the
parties' first Custody Conciliation Conference.
Date
The parties reached an agreement in the form of an Order as attached.
Melissa Peel Greevy, Esquire
Custody' Conciliator
:232758
FEB 0 3 2005
ELISABETH JUNE CLOUGH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-2063 CIVIL TERM
v.
CIVIL ACTION - LAW
JACOB MARSHALL CLOUGH,
IN CUSTODY
Defendant
BAYLEY, J. ---
ORDER OF COURT
AND NOW, this ~y of February, 2005, upon consideration of the Custody
Conciliation Summary Report, it is hereby ordered and directed as follows:
1.
following.
This Court's Order of August 9, 2004 is VACATED and replaced with the
2. The Mother, Elisabeth June Clough, shall have primary legal custody and
primary physical custody of the minor children, Simon Jac:ob Clough, born May 18, 2001,
and Morningstar Elisabeth Clough, born March 8, 2003. Father shall have partial custody,
which shall be arranged upon seven days notice by mutual agreement of the parties.
3. Neither party shall do or say anything which may estrange the children from
the other parent, injure the opinion of the children as to the other parent, or hamper the free
and natural development of the children's love and respect for the other parent. Each
parent shall ensure that third parties also comply with this provision during his or her periods
of custody.
4. Both parties shall allow and encourage the children to participate in telephone
contact with the non-custodial parent at the time they are exercising their periods of custody.
NO. 04-2063 CIVIL TERM
5. Neither party shall relocate at a distance greater than they presently reside
from each other in the absence of sixty days notice to the other parent. The sixty day notice
is intended to provide the parties with an opportunity to work out a new schedule of custody,
should a relocation occur, and, if that cannot be done, to allow the parties to petition the
Court for a Plowman hearing.
.~--
~ford A. Krevsky, Esquire, 1101 N. Front Street, Harrisburg, PA 17102
,)E(neAdams, Esquire, 117 S. Hanover Street, Carlisle, PA 17013
~cob Marshall Clough, cfo Sean Tease, 21 Grant Street, Apartment 1, Keene, NH 03431
J
Dis!:
:243915
r<'
'("
,-
'.'
-"\-
\,+-
r:-:;\
\. ~.
...:."
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBEFtLAND COUNTY, PENNSYLVANIA
NO. 04-2063 CIVIL TERM
CIVIL ACTION - LAW
ELISABETH JUNE CLOUGH,
v.
JACOB MARSHALL CLOUGH,
IN CUSTODY
Defendant
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 child who is the subject of this
litigation is as follows:
NAME
Simon Jacob Clough
Morningstar Elisabeth
DATE OF BIRTH
May 18, 2001
March 8, 2003
CURRENTLY IN THE CUSTODY OF
Mother
Mother
2. The parties' second Custody Conciliation Conference was held on January 28,
2005 with the following individual's in attendance: the Mother, Elisabeth June Clough, and
her counsel, Sanford A. Krevsky, Esquire; the Father, Jacob Marshall Clough. did not
attend. Mr. Clough's previous counsel had notified the Conciliator's office that Father would
be proceeding pro se.
3. Father position on custody is as follows: Unknown. Father did not attend.
Nor did he call to request a continuance for the conference elate.
4. Mother's position on custody is as follows: Mother reports that the Order
entered by the Court on August 9, 2004 did not turn out to be workable because Father
frequently did not participate in the periods of custody as per the schedule. She further
reported that he often did not call to notify her that he would not be exercising his periods of
partial custody. Her counsel indicated that a letter was sent to Father on January 11, 2005
with a stipulation seeking to confirm the conversation betv.,een she and Father regarding
modifying the agreement. The stipulation was not returned.
5. The Conciliator recommends the entry of an Order in the form as attached.
d/2/~ (/~
' Date eliss~l Peel Greevy, Esquire
Custody Conciliator