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HomeMy WebLinkAbout09-7302C) JAMIE ROSE-CLARK, Plaintiff V. TRAVIS CLARK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW : IN DIVORCE 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, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary on the first floor of the Cumberland County Courthouse, Carlisle, Cumberland County, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 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 the Court Administrator at (717) 780-6624. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 717-975-9446 Merbgdcdlaw.net JAMIE ROSE-CLARK, Plaintiff V. TRAVIS CLARK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 9- 73o-7 ?! Tc? : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Jamie Rose-Clark, by and through her attorney, Melanie L. Erb, Esquire and the Dethlefs-Pykosh Law Group, LLC, who brings this Complaint in Divorce and avers as follows: 1. Plaintiff is Jamie Rose-Clark, an adult individual currently residing at 102 Park Place, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Travis Clark, an adult individual currently residing at 102 Park Place, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff avers that Defendant has also been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 5. The parties were married on March 3, 2003 in Harrisburg, Dauphin County, Pennsylvania. 6. There have been no prior actions of divorce or annulment between the parties. 7. The marriage is irretrievably broken 8. Plaintiff avers that neither party is an active member of the United States Military or its allies. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff waives that right. 10. Plaintiff avers that Defendant has been advised of the availability of counseling and that Defendant may have the right to request that the Court require the parties to participate in counseling. 11. Plaintiff avers the grounds for divorce: a. The marriage is irretrievably broken; b. The parties consent to the divorce; or in the alternative, c. The parties have lived separate and apart for a period or two (2) years. WHEREFORE, Plaintiff, Jamie Rose-Clark, respectfully requests this Honorable Court grant a Decree in Divorce pursuant to Section 3301 (c) or (d) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 12. Paragraphs 1 thru 11 are incorporated herein by reference as though set forth in full. 13. Plaintiff and Defendant have acquired property during the marriage which is subject to equitable distribution. 14. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff, Jamie Rose-Clark, respectfully requests this Honorable Court to divide all marital property pursuant to Section 3501 and 3502 of the Divorce Code prior to the entry of a final divorce decree. COUNT III CUSTODY 15. Paragraphs 1 thru 11 are incorporated herein by reference as though set forth in full. 16. Plaintiff seeks shared legal and primary physical custody of the minor child Haley Rose Clark, born June 12, 2003. 17. The child was not born out of wedlock. 18. The child is presently in the joint custody of the parties at 102 Park Place, Camp Hill, Pennsylvania, 17011. 19. For the past five years, the children have resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Jamie Rose-Clark 102 Park Place Nov. 2005 to present Travis Clark Camp Hill, PA 20. The mother of the child is Jamie Rose-Clark, currently residing at 102 Park Place, Camp Hill, Pennsylvania, 17011. She is married to the Defendant, but seeking a divorce. 21. The father of the child is Travis Clark, 102 Park Place, Camp Hill, Pennsylvania, 17011. He is married to the Plaintiff. 22. The relationship of Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Name Relationship Travis Clark Spouse Haley Rose Clark Daughter 23. The relationship of Defendant to the child is that of natural father. The Defendant currently resides with the following persons: Name Relationship Jamie Rose-Clark Spouse Haley Rose Clark Daughter 24(a). 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. 24(b). Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 25. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff has been the child's primary caregiver. 26. 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 a party to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: NONE. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order scheduling a custody conciliation conference. Respectfully Submitted, K4[e e L.- , Esquire A tt6mey I.D. No. 84445 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Plaintiff VERIFICATION I, JAMIE ROSE-CLARK, verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. 16 /'r i =')/o ? DATE Ft LEE t)i { F- T `)TA :Y 2 29 0 C.T 22 Pt°1 3: 3 :J -7 7,14 ; 3,7 11-7 4/ Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 telephone (717) 540-5481 facsimile cboyanowskiowssbc-law.com Attorney for Defendant, Travis Clark JAMIE ROSE - CLARK, PLAINTIFF V. TRAVIS CLARK, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7302 CIVIL CIVIL ACTION -LAW IN DIVORCE/CUSTODY PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance as counsel of record for the Defendant Travis J. Clark, in the above- captioned matter. it-q-0 Date Cara A. Boyanowsk?, Esquire SERRATELLI SCHIFFMAN BROWN & CAL1 00NI 2080 Linglestown Road, Suite 201 Harrisburg, PA 171 10 (717) 540-9170 2 `019 '-?, :' 12 E„ 21 Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 telephone (717) 540-5481 facsimile cboyanowski@ssbc-law.com Attorney for Defendant, Travis Clark JAMIE ROSE - CLARK, PLAINTIFF V. TRAVIS CLARK, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7302 CIVIL CIVIL ACTION -LAW IN DIVORCE/CUSTODY ANSWER WITH COUNTERCLAIMS TO PLAINTIFF'S COMPLAINT UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Defendant, Travis Clark, by and through his attorney, Cara A. Boyanowski, Esquire, and answers Plaintiff's Complaint under Sections 3301(c) or 3301(d) of the Divorce Code as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. COUNT I: DIVORCE 6. Admitted. I 7. The averment set forth in Paragraph Seven is a conclusion of law to which no answer is deemed necessary. If an answer is deemed necessary, then Defendant's answer to this averment is denied and strict proof of the same is demanded at the time of trial. 8. Admitted. 9. Defendant has no knowledge, information or belief as to what Plaintiff has been advised surrounding counseling sessions between the parties and therefore, is unable to affirm or deny this averment. 10. Defendant has no knowledge, information or belief as to how Plaintiff could aver that he has been advised of the availability of counseling sessions and therefore, is unable to affirm or deny this averment. 11. The averment set forth in Paragraph Eleven that the parties' marriage is irretrievably broken is a conclusion of law to which no answer is deemed necessary and strict proof of the same is demanded at the time of trial. The averment that the parties have lived separate and apart for a period of two (2) years is denied, as the parties' date of separation is October 22, 2009. Any statement to the contrary is an untruth and strict proof of the same is demanded at the time or trial. WHEREFORE, Defendant, Travis Clark, respectfully requests this Honorable Court deny Plaintiff's request for that a Decree in Divorce be entered pursuant to Section 3301(c) or (d) of the Divorce Code. COUNT II: EQUITABLE DISTRIBUTION 12. The averment set forth in Paragraph Twelve is an introductory paragraph. 13. Admitted. 14. Admitted. WHEREFORE, Defendant, Travis Clark, respectfully requests this Honorable Court, in the event a divorce action is finalized, to divide all marital property pursuant to Section 3501 and 3502 of the Divorce Code. Y COUNT III: CUSTODY 15. The averment set forth in Paragraph Fifteen is an introductory paragraph. 16. Defendant has no knowledge, information or belief as to what type of custody schedule Plaintiff is seeking and therefore, is unable to affirm or deny this averment. 17. Admitted. 18. Admitted. 19. Admitted. 20. Admitted. 21. Admitted. 22. Admitted. By way of further answer, Plaintiff also resides with her daughters, Sarah and Jenna. 23. Admitted. By way of further answer, Defendant also resides with his step-daughters, Sarah and Jenna. 24(a). Defendant has no knowledge, information or belief as to whether Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court and therefore, is unable to affirm or deny this averment. 24(b). Defendant has no knowledge, information or belief as to what information Plaintiff has concerning custody proceedings in a court of this Commonwealth or any other state and therefore, is unable to affirm or deny this averment. 25. Denied. It is vehemently denied that the best interest and permanent welfare of the child will be served by granting the relief requested and strict proof of the same is demanded at the time of trial. In fact, Defendant believes that the best interest and permanent welfare of the child would be best served by the court granting him primary physical custody. 26. Admitted. COUNTERCLAIM FOR DIVORCE GROUNDS 27. The averments set forth in Paragraphs One through Twenty-Six are incorporated herein by reference as though set forth in their entirety. 28. The causes of action and sections of the Divorce Code under which Defendant is proceeding are: A. Section 3301(a)(2). In violation of the parties' wedding vows, Plaintiff entered into an adulterous affair with Harry Williams and participated in sexual relations with an unknown waiter/bartender at the shore. B. Section 3301(a)(6). Plaintiff has offered such indignities to the Defendant, the innocent and injured spouse, as to render his condition intolerable and life burdensome. WHEREFORE, Defendant, Travis Clark, respectfully requests that this Honorable Court grant him a Decree in Divorce from Plaintiff, Jamie Rose-Clark, pursuant to Section 3301(a)(2) or 3301(a)(6) of the Divorce Code. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON Date Cara A. Boyanows i, Esquire SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: J Q Travis Clark CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, counsel for the Defendant/Petitioner in the above captioned matter, certify that I this day served a copy of the foregoing Answer upon the person(s) indicated below by United States First Class Mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Melanie L. Erb, Esquire DETHLEFS-PYKOSH LAW GROUP, LLC 2132 Market Street Camp Hill, Pennsylvania 17011. Date: ( I _ (LP -Qq G&Mah""' Cara A. Boyanows i, Esquire SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 RENYTM OF THE MOTHCNOM 2009 NOV 18 PM 2: 12 t-A J JAMIE ROSE-CLARK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS CLARK DEFENDANT 2009-7302 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, November 20, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 31, 2009______ 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. 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilro 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 RLED-O'r-rI( E THE FPOT!""r rt}TARY ON 2009 NOV 23 IPM 12: 3 4 141 IN THE COURT OF COMMON PLEAS OF JAMIE ROSE-CLARK :CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS CLARK ~ NO 09-7302 DIVORCE DECREE • AND NOW, r3 ~ ~~ , it is ordered and decreed that JAMIE ROSE-CLARK plaintiff, and TRAVIS CLARK ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order sha{I hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The marital property of the parties shall be distributed in accordance with the Marital Settlement Agreement signed by them on March 25, 2010. Said Agreement is incorporated herein for the purposes of enforcement but shall not be merged. .~ e Court, ~ ~ I ~ ~ I © C~'~. C~ ~ rnr~te. J ~ • 11-(• I D /Uc~-tics. Mc~~. --~o .tr, A-N~ c~-b . ~MOLJSk~ JAMIE ROSE-CLARK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS CLARK, DEFENDANT 09-7302 CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2010, upon consideration of defendant's petition for emergency relief, the court takes no action at this time because of the conciliation conference scheduled for Thursday, July 22, 2010, before Hubert X. Gilroy, Esquire. Should the issues in the petition not be addressed to the satisfaction of either party the court will schedule a hearing on this matter and any other matters that may be raised before the conciliator. By the Court, Albert . Masland, J. ~ /Melanie Erb, Esquire For Plaintiff ~ a A. Boyanowski, Esquire For Defendant ubert X. Gilroy, Esquire Custody Conciliator ~ d n :sal ~'" ` ~" ~~ ___ r ~ - ~- ~. / ~/ ~ f ~~ ~ _ ,?,-: , . ~- ~~ t r 1~ R `~ .1_. A~ AUG 0 6 2010 JAMIE ROSE-CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNS~,,VA~IIA vs. .r_~ {, CIVIL ACTION -LAW +" o=-;y-r ,.-, ~~ - ~ .-; TRAVIS CLARK, N0.2009-7302 ~-~-~ ~ " Defendant IN CUSTODY - ~ ~, , r ~ f , _ y ~., `~ _ ,- COURT ORDER ~ NOW, this day of August, 2010, upon consideration of the attached Custody Cgnciliation Report, it is ordered and directed that this Court's prior Order of February 3, 2010, is vacated and replaced with the following Order which shall be TEMPORARY in nature: 1. The mother, Jamie Rose-Clark, and the father, Travis Clark, shall enjoy shared legal custody and shared physical custody of Haley Rose Clark, born June 12, 2003. 2. Physical custody shall be handled as follows: A. The Father shall have physical custody on Tuesday and Wednesday evenings of each week consistent with the existing schedule of the parties. Additionally, Father shall have physical custody from Friday through Monday morning on alternating weekends consistent with the existing schedule between the parties. B. Mother shall have custody on Monday and Thursday evenings of each week consistent with the existing schedule of the parties. Additionally, Mother shall have custody on alternating weekends from Friday through Monday morning consistent with the existing schedule between the parties. C. The parties shall share the following major holidays: Easter Sunday, Memorial Day, 4`~ of July, Labor Day and Thanksgiving as mutually agreed. D. For the Christmas holiday and unless otherwise agreed upon between the parties, the parties shall divide it into two segments. The Father shall exercise segment A for custody from Christmas Eve at noon until Christmas Day at noon in odd numbered years, and segment B from Christmas Day at noon through December 26 at noon in even numbered years. Mother shall have segment A in even years and segment B in odd years. E. Mother shall always have custody on Mother's Day and Father shall always have custody on Father's Day. The time frame on these days shall be from 9:00 a.m. unti15:00 p.m. 3. Neither party shall consume or be under the influence of alcohol when they have custody of the minor child. 4. Both parties are specifically enjoined from disparaging the other parent to the minor child or to other family members or interested parties who would have contact with the minor child. This shall include verbal remarks to family members, email communications or any type of Facebook or similar type of communications. 5. This Order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the custody Conciliator for a conference. 6. Father's request that the Court restricts Mother's boyfriend from being with the children is denied at this point. However, in the event there are any other situations involving Mother's boyfriend that in any way cause Father concern relative to the safety of the children, Father's counsel may contact the Custody Conciliator directly to schedule a telephone conference between the Conciliator and both attorneys. After said conference and in the event the Conciliator believes an amendment to this Order is merited, the Conciliator may recommend an appropriate amendment. BY THE COURT, ,~~-~--= Albert H. Masland, Judge cc: Melanie Erb, Esquire d Cara A. Boyanowski, Esquire ~pf~s r+~~.;1~ ~~io fiv JAMIE ROSE-CLARK, Plaintiff vs. TRAVIS CLARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2009-7302 IN CUSTODY CUSTODY CONCILIATION REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. A Conciliation Conference was held on July 22, 2010, with the parties agreeing to the entry of an Order on a majority of issues which are included in the attached Order. The one issue that remained unresolved was Father's request to restrict the Mother's boyfriend from being present when Mother has custody. The Conciliator conferred with Judge Masland on this issue and the resolution of this issue is as set forth in the attached recommended Order. Date: August c~, 2010 Hu'lfert X. Gil ,Esquire Custody Co ciliator