HomeMy WebLinkAbout10-1747JOHN F. KING LAW, P.C.
John F. King, Esquire
ID #61919
19 S. Hanover Street
Suite 103
Carlisle, PA 17013
Tel.: (717) 258-4343/Fax: (717) 422-5526
JEROME E. CLARK
Plaintiff
V.
BRANDY L. FINNEY,
Defendant
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Attorney for Plaintiff Z: r\,
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:NO.
CIVIL ACTION - LAW
CUSTODY/VISITATION
COMPLAINT FOR PARTIAL CUSTODY
1. The Plaintiff is Jerome E. Clark, residing at residing at 728 Bloserville Road,
Newville, Cumberland County, PA 17241.
2. The Defendant is Brandy L. Finney, residing at 214 S. Oak Street, Apt. 2, Mt.
Carmel, Northumberland County, PA 17851.
3
NAME
Plaintiff seeks partial custody of the following child:
PRESENT RESIDENCE
Mackenzee L. Clark 214 S. Oak Street, Apt. 2
Mt. Carmel, PA 17851
The child was born out of wedlock.
AGE DOB
3 yo 7/18/2006
The child is presently in the custody of Defendant/Mother, who resides at 214 S.
Oak Street, Apt. 2, Mt. Carmel, PA 17851.
During the past five (5) years, the child has resided with the following persons and
at the following addresses:
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NAME
Plaintiff and Defendant
Defendant
RESIDENCE
728 Bloserville Road
Newville, PA
214 S. Oak Street, Apt. 2,
Mt. Carmel, PA
DOB to 2/28/2010
DATE
2/28/10 ongoing
The mother of the child is Defendant, currently residing at 214 S. Oak Street, Apt.
2, Mt. Carmel, PA 17851. She is single.
The father of the child is Plaintiff, currently residing at 728 Bloserville Road,
Newville, PA. He is single.
4. The relationship of the Plaintiff to the child is that of Father. The Plaintiff
currently resides alone.
5. The relationship of the Defendant to the child is that of Mother. The Defendant
currently resides with the subject minor child.
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 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 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 granting the
relief requested because:
A. The relief sought is necessary in order for the Plaintiff and subject minor
child to maintain a normal Father/Daughter relationship.
8. Each parent whose parental rights to the child have not been terminated, and the
person who has physical custody of the child, have been named a party to this action.
WHEREFORE, Plaintiff requests the Court to grant partial custody of the child to Father.
Dated: 2010
Respectfully submitted,
JOHN F. KING LAW, P.C.
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h66hn- F. King, Esquire
19 S. Hanover Street
Suite 103
Carlisle, PA 17013
Attorney for Plaintiff
VERIFICATION
I, Jerome Clark, hereby acknowledge that I am the Plaintiff in the foregoing action; that I
have read the foregoing Complaint for Partial Custody; and the facts stated therein are true and
correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities
Dated: , 2010
i a
.IEROME E. CLARK IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2010-1747 CIVIL ACTION LAW
BRANDY L. FINNEY
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, March 16, 2010 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, April 22, 2010 at 10:00 AM
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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/ ohn . 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
mailable 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
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jEROME E. CLARK
V.
: IN THE COURT OF COMMON PLC!
Plaintiff : CUMBERLAND COUNTY, PENN$
BRANDY L. FINNEY,
Defendant
:NO. ,U,
CIVIL ACTION - LAW
CUSTODYNISITATION
STIPULATION FOR AN AGREED ORDER OF CUSTODY
71
VANIA:41
AND NOW COMES the Plaintiff, Jerome E. Clark, hereinafter referred to as "Father",
and Defendant, Brandy L. Finney, hereinafter referred to as "Mother", who agreeing to be legally
bound do hereby stipulate and agree to the following:
1. The Plaintiff is Jerome E. Clark, residing at 728 Bloserville Road, Newville,
Cumberland County, PA 17241.
2. The Defendant is Brandy L. Finney, residing at 214 S. Oak Street, Apt. 2, Mt.
Carmel, Northumberland County, PA 17851.
3. The parties are the natural parents of Mackenzee L. Clark, born July 18, 2006.
4. The parties shall have joint legal custody of their minor child, legal custody being
defined as the legal right to make major decisions affecting the upbringing of the child, including
but not limited to medical, religious and educational decisions. The parties agree to discuss and
consult with one another on these decisions with a view to adopting a harmonious policy
calculated to promoting the child's best interests.
5. Each party has a right to be kept informed of the child's educational and medical
development and shall have a right of access to the child's educational and medical records. Each
party shall be entitled to complete and full information concerning the child from each other and
1
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from any doctor, dentist, teacher or similar authority, and to have copies of any reports, notices or
other communications given to either party as a parent. When the information is available,
Mother shall provide Father with a complete list of all the child's teachers, medical care
providers, close friends and the friends' parents, along with telephone numbers and addresses for
each.
6. Each party shall notify the other of any matter relating to the child which could
reasonably be expected to be of significant concern to the other party.
7. Mother shall have primary physical custody of the child.
8. Father shall have partial physical custody of the child for purposes of visitation on
the following schedule:
A. Alternating weekends, which weekends will commence on Fridays at 6:00
PM and will end on Sunday at 6:00 PM, unless the start and end times are
otherwise agreed to by the parties;
B. Should the Father be unable to exercise a weekend visitation due to the
demands placed upon him by his employment, the parties shall agree to a
makeup weekend as Father is available;
C. Other periods of time as Father is available due to his long haul truck
driving employment and as agreed to by the parties, which agreement shall
not be unreasonably withheld;
D. Father shall have the right to two uninterrupted non-consecutive periods of
visitation, each being at least seven (7) days in duration, so long as Father
2
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provides notice to Mother of the starting and ending dates of said periods
of time at least thirty (30) days in advance;
E. Should Mother wish to schedule a trip or other special event with the
minor child, she must put Father on notice of said trip or special event
prior to Father having provided notice of his intention to exercise an
uninterrupted period of visitation for purposes of travel with the child;
F. Holidays shall be alternated between the parties as they determine by
discussion between them, except that Father shall always have the right to
exercise visitation on Father's Day, and Mother shall always have the right
to exercise custody on Mother's Day.
9. Father's rights to partial custody for the purposes of visitation are contingent upon
Father commencing counseling as per the Carlisle Medical Center and continuing such
counseling at least one (1) time per month until Father is released by counselor from the need of
further services.
10. Transportation: Transfer of the child at the beginning and end of all periods of
partial custody by Father shall take place at a mutually agreed point, midway between Father and
Mother's home. Should the parties be unable to agree on such a transfer point, then Father's
periods of partial custody shall begin by Father picking up the child at Mother's residence at the
designated time and shall end by Mother picking up the child at Father's residence at the
designated time. Transportation shall be provided by Father and Mother, except that either party
may arrange for transportation to be provided by a responsible party who can legally provide
transportation. ek
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11. Father will pay $500.00 per month to Mother as child support for the care of
Mackenzee, which amount is modifiable under the normal Domestic Relations guidelines. In
addition, the parties have agreed that the cell phone accounts will remain in Mother's name, so
long as Father pays over to Mother one half of the cell phone bill, and until otherwise agreed by
the parties. In addition, the parties are agreed that Mother shall not be liable for any bills arising
from the parties having resided together at 728 Bloserville Road, Newville, PA, except for the
outstanding balance of the cable bill, which payment shall be Mother's responsibility.
12. Each party shall have reasonable telephone and mail access to the child when in
the custody of the other parent.
13. Neither party shall impair the other party's right to custody or interfere with the
other parent's custody when the child is with that parent.
14. Neither party shall disparage the other party in front of the child, attempt to
alienate the affections of the child from the other party, or allow third parties to attempt to
alienate the affections of the child from the other party.
15. The parties shall not involve the child in any of the disputes concerning him/her,
including but not limited to financial matters.
16. Day-to-day decisions shall be the responsibility of the parent having physical
custody at that time. Additionally, the parent having physical custody of the child at the time of
an emergency shall have the right to make any immediate decisions necessitated by the
emergency. However, that parent shall inform the other parent of the emergency and consult with
him/her regarding the emergency as soon as is practicable. If either parent should be unreachable
4
at their office or residence, then that party shall provide the other party with the necessary
information to facilitate notification of an emergency.
17. The foregoing Stipulation is based upon Plaintiff living in Newville, Cumberland
County, PA, and Defendant living in Mt. Carmel, Northumberland County, PA. The relocation of
either party which results in an additional distance between the parties of twenty-five (25) miles
or more shall form a basis for change of this custody schedule and no such relocation shall take
place without the non-relocating party's express consent or court order after a full hearing.
18. Each parry shall promptly notify the other of any travel plans, travel
arrangements, and any delays which might affect the custodial arrangements. Each party shall
provide the other party notice reasonably in advance of any scheduled trip with an itinerary
including names of hotels or residence addresses and telephone numbers for the applicable
periods of time.
19. This Stipulation shall be entered as an Order of the Court.
WITNESS:
ome E. Clark
Dated: S ?
WI'TNE S:
Dated: b
J-0a
JEROME E. CLARK
Plaintiff
V.
BRANDY L. FINNEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-1747 Civil
CIVIL ACTION - LAW
CUSTODYNISITATION -
ACCEPTANCE OF SERVICE
I, Brandy L. Finny, hereby acknowledge that I received a copy of the Custody Complaint
on March 5 , 2010, which Custody Complaint was filed in the above matter on March 10,
(date received)
2010.
MAR 232010y
JEROME E. CLARK
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
BI'<A i JDY L. FINNEY,
Defendant
NO. IO-1747 CIVIL
CIVIL ACTION -LAW
CUSTODY/VISITATION
ORDER
AND NOW, this ~~l day of ~ ~'~" ~ , 2010, upon
stipulation of the parties, it is hereby ORDERED and DECREED that the terms, conditions and
~~~ro=~ isions of the attached Stipulation for An Agreed Order of Custody entered into by the
parties, and executed by the parties, are adopted as an Order of Court.
BY THE COURT:
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JEROME E. CLA'~~,~L~ ~ ~' Ft's `: 1 ~,
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v.
BRANDY FINNEY,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010-1747 CIVIL TERM
CIVIL ACTION- CUSTODY
PETITION TO MODIFY CUSTODY
Petitioner, Jerome E. Clark, by and through his attorney, Gerald S. Robinson, Esquire,
and the law firm of ROBINSON & GERALDO, respectfully request the following:
Plaintiff is Jerome E. Clark, an adult individual and the natural Father who currently
resides at 728 Blosserville Road, Newville, Cumberland County, Pennsylvania.
2. Defendant is Brandy Finney, an adult individual and the natural Mother who currently
resides at 604 Crissing Hill Road, Sunbury, Northumberland County, Pennsylvania.
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3. Petitioner seeks to have the existing Custody Order modified giving him primary physi~al
custody of the subject minor child.
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4. The child is presently in the custody of Respondent, Brandy L. Finney, who currently
resides at 604 Crissing Hill Road, Sunbury, Northumberland County, Pennsylvania.
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5. Petitioner does not know of a person not a party to the proceedings that has physical
custody of the child or claims to have custody of the child or claims to have custody or visitation
rights with respect to the child.
6. There is an existing Custody Order entered into effect on March 5, 2010, a copy of which
is attached hereto as Exhibit L
7. The best interest and permanent welfare of the child will be served by modifying the
Custody Urder because:
a) In May 2011, Children and Youth Services investigated an allegation that another child
living at the same residence as the child was molesting the child;
b) Child's Mother is unemployed and does not have a driver's license;
c) Child has not progressed past Kindergarten because the child has not demonstrated
satisfactory knowledge in the areas of numbers, letters and shapes.
d) Child is currently residing in a home that is nat properly taken care of, and Mother's
boyfriend who is currently under sentencing;
9. Each parent whose parental rights to the child have not been terminated and the person ''
who has physical custody of the child have been named as a party to this action.
WHEREFORE, the Petitioner respectfully requests this Honorable Court to modify the
current custody order granting primary physical custody to Petitioner.
Respectfully submitted,
ROBINSON & GERALDO
By:
Robinson, Esquire
I.D. No. 27423
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
Attorney for Petitioner
2505 North Front Street, 2nd Floor
CERTIFICATE OF SERVICE
I, Gerald S. Robinson, Esquire, do hereby certify that on the 13th day of August, 2012, ~
caused a true and correct copy of the Petition to modify custody to be served upon the followin~
individual(s) by first class mail by depositing same in the United States, postage prepaid, in
Harrisburg, Pennsylvania.
Brandy Finney
604 Crissing Hill Road
Sunbury, PA 17801
Respectfully submitted,
ROBINSON & GERALDO
By:
erald S. Robinson, Esquire
Attorney I.D. No. 27423
2505 North Front Street, 2nd Floor
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
JI~KC>MF. I;. CLARK.
v.
Plaintiff
BRANDY L. FINNEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL A(:TION -LAW
CUSTODY/VISITATION
STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW COMES the Plaintiff, Jerome E. Clark, hereinafter referred to as "Father",
and Defendant, Brandy L. Finney, hereinafter referred to as "Mother", who agreeing to be legally
bound do .hereby stipulate and agree to the following: ',
1. The Plaintiff is Jerome E. Clark, residing at 728 Bloserville Road, Newville,
Cumberland County, PA 17241.
2. The Defendant is Brandy L. Finney, residing at 214 S. Oak Street, Apt. 2, Mt.
Carmel, Northumberland County, PA 17851.
3. The parties are the natural parents of Mackenzee L. Clark, born July 18, 2006.
4. The parties shall have joint legal custody of their minor child, legal custody being;
defined as the legal right to make major decisions affecting the upbringing of the child, includin~;
but not limited to medical, religious and educational decisions. The parties agree to discuss and
consult with one another on these decisions with a view to adopting a harmonious policy
calculated to promoting the child's best interests.
5. Each party has a right to be kept informed of the child's educational and medical
development and shall have a right of access to the child's educational and medical records. Each
party shall be entitled to complete and full information concerning the child from each other and''~~
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from any doctor, dentist, teacher or sirnilar authority, and to have copies of any reports, notices or
other communications given to either party as a parent. When the information is available,
Mother shall provide Father with a complete list of all the child's teachers, medical care
providers, close friends and the friends' parents, along with telephone numbers and addresses f~r
each.
6. Each party shall notify the other of any matter relating. to the child which could
reasonably be expected to be of significant concern to the other party.
7. Mother shall have primary physical custody of the child.
8. Father shall have partial physical custody of the child for purposes of visitationon
the following schedule:
A. Alternating weekends, which weekends will commence on Fridays at 600
PM and will end on Sunday at 6:00 PM, unless the start and end times
otherwise agreed to by the parties;
B. Should the Father be unable to exercise a weekend visitation due to the
demands placed upon him by his employment, the parties shall agree toi a
makeup weekend as Father is available;
C. Other periods of time as Father is available due to his long haul truck
driving employment and as agreed to by the parties, which agreement shall
not be unreasonably withheld;
D, Father shall have the right to two uninterrupted non-consecutive periods of
visitation, each being at least seven (7) days in duration, so long as Father
2
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provides notice to Mother of the starting and ending dates of said periods
of time at least thirty (30) days in advance;
E. Should Mother wish to schedule a trip or other special event with the
minor child, she must put Father on notice of said trip or special event
prior to Father having provided notice of his intention to exercise an
uninterrupted period of visitation for purposes of travel with the child;
F. Holidays shall be alternated between the parties as they determine by ',
discussion between them, except that Father shall always have the right to
exercise visitation on Father's Day, and Mother shall always have the right
to exercise custody on Mother's Day.
9. Father's rights to partial custody for the purposes of visitation are contingent u~on
Father commencing counseling as per the Carlisle Medical Center and continuing such ~'
counseling at least one (1) time per month until Father is released by counselor from the need ~f
further services.
10. Transportation: Transfer of the child at the beginning and end of all periods of ~,
partial custody by Father shall take place at a mutually agreed point, midway between Father ~nd
Mother's home. Should the parties be unable to agree on such a transfer point, then Father's II',
periods of partial custody shall begin by Father picking up the child at Mother's residence at t)he
designated time and shall end by Mother picking up the child at Father's residence at the I~,
designated time. Transportation shall be provided by Father and Mother, except that either party
may arrange for transportation to be provided by a responsible party who can legally provide ',
transportation.
~~ ~1
1 l.. Father will pay $SOO.UG per month to Mother as child support for the care of
Mackenzee, which amount is modifiable under the normal Domestic Relations guidelines. In
addition, the parties have agreed that the cell phone accounts will remain in Mother's name, so'
long as Father pays over to Mother one half of the cell phone bill, and until otherwise agreed b}~
the parties. In addition, the parties are agreed that Mother shall not be liable for any bills arisin~
from the parties having resided together at 728 Bloserville Road, Newville, PA, except for the
outstanding balance of the cable bill, which payment shall be Mother's responsibility.
12. Each party shall have reasonable telephone and mail access to tree child when in
the custody of the other parent.
13. Neither party shall impair the other party's right to custody or interfere with the
other parent's custody when the child i.s with that parent.
14. Neither party shall disparage the other party in front of the child, attempt to
alienate the affections of the child from the other party, or allow third parties to attempt to
alienate the affections of the child from the other party.
1 S. The parties shall not involve the child in any of the disputes concerning hi
including but not limited to financial matters.
16. Day-to-day decisions shall be the responsibility of the parent having physical
custody at that time. Additionally, the parent having physical custody of the child at the time
an emergency shall have the right to make any immediate decisions necessitated by the
emergency. However, that parent shall inform the other parent of the emergency and consult v~{ith
himllier regarding the emergency as soon as is practicable. If either parent should be unreachable
4
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at their office or residence, then that party shall provide the other party with the necessary
information to facilitate notification of an emergency.
17. The foregoing Stipulation is based upon Plaintiff living in Newville, Cumberland
County, PA, and Defendant living in Mt. Carmel, Northumberland County, PA. The relocation ~f
either party which results in an additional distance between the parties of twenty-five (25) miles',II
or more shall form a basis for change of this custody schedule and no such relocation shall take ',~
place without the non-relocating party's express consent or court order after a full hearing.
18. Each party shall promptly notify the other of any travel plans, travel
arrangements, and any delays which might affect the custodial arrangements. Each party shall
provide the other party notice reasonably in advance of any scheduled trip with an itinerary
including names of hotels or residence addresses and telephone numbers for the applicable
periods of time.
1'~, This Stipulation shall be entered as an Order of the Court.
WITNESS:
f;rf eL ~ __
Dated: 13 ~~ / / a _-
WI SS:
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Dated: D _-
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E. Clark
5
JEROME CLARK IN THE COURT OF COMMON PLEAS OF
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PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAAI#1~:
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2010-1747 CIVIL ACTION LAW ~~
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BRANDY FINNEY
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. 1N CUSTODY °- ~==
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DEFENDANT :..a r~,~
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ORDER OF COURT
AND NOW, Monday, August 20, 2012 ,upon consideration of the attached
it is hereby directed that parties and their respective counsel appear before Johu J._Mangan, Jr., Esq. ,the c
at 4th Floor, Cumberland County Courthouse, Carlisle on Taesday, September 25, 2012 at 1
for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dis
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a ter
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/ ohn . M r. E8 .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Ami
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 arrangen
must be made at least 72 hours prior to any hearing or business before the court. You must attend the sch
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.
~ ~ era Gv~ .S ~ ~~~~sor-, ~s~ .
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Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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iliator,
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CHRISTOPHER A. DREISBACH
Robinson & Geraldo
Sup. Ct. I.D. No. 201434
2505 North Front Street
P.O. Box 5320
Harrisburg, PA 17110-5320
(717) 232-852.5 -Phone
(717) 232-5098 -Fax
c dreisbach@robinson-geraldo. com
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JEROME CLARK, IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PF.,NNSYLVANIA
v. NO. 10-01747
BRANDY FINNEY,
Defendant. CIVIL ACTION- CUSTODY
MOTION FOR CONTINUANCE
AND NOW, comes the Plaintiff, Jerome Clark, by and through his attorney, Christopher
A. Dreisbach, Esquire, and respectfully represents the following in support of this motion:
1. Plaintiff was involved in a motor vehicle accident on October 9, 2012.
2. Plaintiff will be unable to adequately testify on November 13, 2012 due to injuries
suffered as a result of the accident.
3. Opposing counsel has been contacted regarding their position on this motion, and has
not responded as of today's date.
WHEREFORE, Plaintiff and his counsel respectfully request this Honorable Court to
continue the Tuesday, November 13, 2012 hearing to a later date.
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BY: ~...,/ 0,~_
Christopher A. Dreisbach
Attorney for Plaintiff
RESPECTFULLY SU ITTED BY:
,-..
Date: October 2.2, 2012
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CERTIFICATE OF SERVICE
1, Christopher A. Dreisbach, do hereby certify that on the 22nd day of October, 2012, I
caused a true and correct copy of the Motion for Continuance to be served upon. the following
individual(s) by first class mail by depositing same in the United States, postage prepaid, in
Harrisburg, Pennsylvania.
Jessica Holst, Esquire
401 E. Louther St.
Carlisle, PA 17013
Respectfully submitted,
ROBINSON & GEI~,LDO
1
Christopher A. Dreisbach, Esquire
Attorney I.D. No. 201434
2505 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
JEROME CLARK, :
Plaintiff,
v. ;
BRANDY FINNEY,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-01747
CIVIL ACTION -CUSTODY
ORDER
AND NOW, this .;~`~~day of r~ ~~~-4?~ , 2012, upon consideration of
Plaintiffs Motion for Continuance, it is hereby Ordered that said Motion be granted and the
hearing scheduled to take place on Tuesday, November 13, 2012, at 8:30 a.m. in Courtroom 1 of
the County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, is now scheduled for the
t //
-~ ~` _ day of t.c:..Ly,~.r~. , v'~i`d'!.~ , at /. ~fi" a~:rn./p.m., Courtroom # ~
BY THE COURT:
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Date: ~ ~' j'
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Albert H. Masland, Judge
Distribution:
Christopher A Dreisbach, Esquire, 2505 North Front Street, 2nd Floor, Harrisburg, PA 17110
~ssica Holst, Esquire. 401 E. Louther St., Carlisle
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JEROME E. CLARK, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRANDY L. FINNEY,
DEFENDANT 10-1747 CIVIL TERM
ORDER OF COURT
AND NOW, this 15th day of April, 2013, following a partial hearing of this matter,
the court DIRECTS the parties to reconvene on Thursday, May 9, 2013, at 1:00 p.m., to
present the balance of the testimony. Pending that hearing, there will be no change in
the existing schedule for physical custody of the child.
By the Court,
Albert . Masland, J.
Christopher A. Dreisbach, Esquire
For Plaintiff
✓Jessica Holst, Esquire
For Defendant
:sal
Al
JEROME CLARK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVc,�NlA- .
A-
V.
NO. 2010-1747 CIVIL TERM rrn�
BRANDY FINNEY, ;
Defendant : CUSTODY
ORDER
AND NOW, this�(L day of /�, 2013, after hearing and
consideration of the factors"set forth at 23 Pa. .S. §5328, it is hereby ORDERED as
follows:
1. Father and Mother shall have shared legal custody of the minor child,
Mackenzee L. Clark. Each shall have an equal right, to be exercised jointly with the
other, to make all major non emergency decisions affecting Mackenzee's general well-
being including, but not limited to, all decisions regarding her health, education and
religion. Pursuant to the terms of 23 PA.C.S. §5309 each party shall be entitled to all
records and information pertaining to Mackenzee including, but not limited to medical,
dental, religious or school records, the residence address of Mackenzee and the other
party. 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 party within
such reasonable time as to make the records and information of reasonable use to the
other party. All shall be entitled to full participation in educational and medical/treatment
planning meetings and evaluations with regard to Mackenzee. Each shall be entitled to
full and complete information from any physician, dentist, teacher or authority and copies
of any reports given to them including, but not limited to: medical records, birth
certificates, school or educational attendance records or report cards. The parties shall be
listed on all documents, paperwork, or forms for schools, medical providers and daycare
to ensure that both parents are able to exercise their legal custody rights. Additionally,
each shall be entitled to receive copies of any notices which come from school with
regard to school pictures, extracurricular activities, children's parties, musical
presentations,back-to-school nights and the like.
The parties agree that major decisions concerning Mackenzee shall be made by them
jointly, after discussion and consultation with each other, with a view toward obtaining
and following a harmonious policy in Mackenzee's best interest. Each party agrees not
to impair the other party's rights to shared legal custody of Mackenzee. Each party
agrees not to attempt to alienate Mackenzee's affections from the other party. Each party
shall notify the other of any activity or circumstance concerning Mackenzee that could
reasonably be expected to be of concern to the other. Day-to-day decisions shall be the
responsibility of the parent then having physical custody.
With regard to any emergency decisions which must be made, the parent having physical
custody of Mackenzee at the time of the emergency shall be permitted to make any
immediate decisions necessitated thereby. However, that parent shall inform the other of
the emergency and consult with him or her as soon as possible. Mutual agreement should
be made, in advance, regarding the following matters: enrollment or termination in a
particular school or school program, advancing or holding Mackenzee back in school,
authorizing enrollment in college, authorizing Mackenzee's driver's license or purchase
of an automobile, authorizing employment, authorizing Mackenzee's marriage or
enlistment in the armed forces, approving a petition for emancipation, authorizing foreign
travel, passport application or exchange student status.
The parties intend to parent Mackenzee with friendly cooperation and in a spirit of
compromise and flexibility. Any conflicts will be governed by the Agreement, should
any occur.
2. Mother shall have primary physical custody of Mackenzee.
3. Father shall have partial physical custody of Mackenzee as follows:
a. During the school year:
i. Father shall have Mackenzee on alternating weekends from
Friday at 5:30 p.m. until Sunday at 4:00 p.m.
ii. Transportation shall be shared with the parties meeting at
Susquehanna Serve in Liverpool which is halfway between
their respective residences.
iii. If Mackenzee has a Friday or Monday off of school, if at all
practicable, Father's visits can begin on Thursday evening or
extend to Monday evening.
iv. Summer:
1. Upon the close of the academic year, the parties shall
alternate custody with Father having a two week period
of custody and Mother having a one week period of
custody. Father's first week shall start the Sunday after
school ends for the academic year.
2. Exchanges shall take place on Sunday afternoon at 3:00
p.m.
3. Transportation shall be shared with the parties meeting
at Susquehanna Serve in Liverpool which is halfway
between their respective residences.
4. Regardless of where the parties are in the rotation for
the summer schedule, the summer schedule will end
with Mother having the full week, Sunday through
Saturday, before school starts for the next academic
year.
4. At all times, Mackenzee must be transported by a driver with a valid
driver's license.
5. Holidays:
a. The parties shall work together to ensure that they are both able to
celebrate various holidays with Mackenzee.
b. When a holiday is incorporated into Mackenzee's extended breaks
from school, the parties shall try to share the entirety of the break as
evenly as possible.
c. If the parties cannot agree to a holiday schedule, they shall exchange
as follows:
a. New Year's Day — In odd numbered years, Mother shall have
Mackenzee for the New Year holiday which will consist of
custodial time from New Year's Eve at 12:00 noon until
Mackenzee returns to school. In even numbered years, Father
shall have Mackenzee for the New Year holiday which will
consist of custodial time from New Year's Eve at 12:00 noon
until 6:00 p.m. the evening before Mackenzee is to return to
school. New Year's Eve shall control the determination of the
odd or even year.
b. Easter: In even numbered years, Father shall have custody of
Mackenzee for the Easter holiday and in odd numbered years,
Mother shall have custody of Mackenzee for the Easter
holiday.
c. Memorial Day, July 4th, Labor Day: These holidays will
simply be celebrated with the parent who has custody of
Mackenzee at the time of the holiday.
d. Mackenzee's Birthday: In odd numbered years, Mother shall
have custody of Mackenzee from 3:00 p.m. the afternoon
before Mackenzee's birthday until 3:00 p.m. the afternoon of
Mackenzee's birthday. In even numbered years, Father shall
have the same schedule for Mackenzee's birthday.
e. Thanksgiving: In even numbered years, Mother shall have
custody of Mackenzee for the Thanksgiving holiday and in odd
numbered years, Father shall have custody of Mackenzee for
the Thanksgiving holiday.
f. Christmas: The parties shall share Christmas on an A/B split
with Block A being from 6:00 p.m. the evening that school
ends for the Winter Break until Christmas Day at 3:00 p.m. and
Block B being from Christmas Day at 3:00 p.m. until New
Year's Eve at 12:00 noon. In even numbered years, Father
shall have Block A and Mother shall have Block B. In odd
numbered years, Mother shall have Block A and Father shall
have Block B.
g. Mother's Day/Father's Day: Mother shall have custody of
Mackenzee every year on Mother's Day which shall be deemed
the entire weekend Friday until Sunday. Father shall have
custody of Mackenzee every year on Father's Day which shall
be deemed the entire weekend from Friday until Sunday.
h. The holiday custody schedule shall take precedence over the
regular custody schedule.
6. Vacation:
a. Either party wishing to exercise vacation time must give the other
parent 30 days' notice, in writing, as to when the vacation shall take
place and shall provide the other parent with all contact information
about the vacation. This includes means of travel (car, air, train, bus,
boat) and the times of travel; where Mackenzee will be going; a
telephone number and address where Mackenzee will be staying and
who will be going with her. If the parties each request the same week
of vacation, Father shall have the first option in even numbered years
and Mother shall have the first option in odd numbered years.
b. The vacation schedule will take precedence over the regular custody
schedule but will not override the holiday schedule.
7. The non-custodial parent shall be allowed reasonable telephone contact
with Mackenzee. The calls should not unreasonably interfere with Mackenzee's routines
and the custodial relationship between the parties and Mackenzee. Each party shall
promptly return calls from the other party and see to it that Mackenzee returns the non-
custodial parent's telephone call within a reasonable period of time.
Telephone contact between the non-custodial parent and Mackenzee shall be private and
neither parent shall participate in the conversation by speaker-phone or by separate
ektension.
8. Both parents shall refrain from making derogatory comments about the
other parent in Mackenzee's presence and shall prevent third parties from making such
comments in Mackenzee's presence (whether she is sleeping or awake) or in any manner
whereby Mackenzee might learn of same, or otherwise harass or interfere with the
parent's periods of custody.
Each parent should agree to refrain from encouraging Mackenzee to provide reports
about the other parent. Communication should always take place directly between the
parents, without using Mackenzee as an intermediary. Each parent should encourage
Mackenzee to send the appropriate holiday cards to the other parent.
9. During any period of custody, the parties to this order shall not possess,
use or be under the influence of controlled substances or consume alcoholic beverages to
the point of intoxication. Both parents shall likewise assure, to the extent possible, that
other household members, caretakers and/or houseguests comply with this prohibition.
10. Relocation is defined as, any change in residence of Mackenzee, which
significantly impairs the ability of the non-relocating party to exercise custodial rights.
No party shall be permitted to relocate Mackenzee's residence to significantly impair the
ability of the other to exercise custody UNLESS every individual who has custody rights
to Mackenzee consents to the proposed relocation OR the Court approves the proposed
relocation. A person proposing to relocate MUST comply with the notice requirements
pursuant to 23 Pa.C.S.A. §5337(c).
11. The parents shall permit and support Mackenzee's access to all family
relationships. Special family events such as weddings, family reunions, family
gatherings, funerals, graduations, etc., shall be accommodated by both parties with
routine visitations resuming immediately thereafter. Each parent shall have the option of
proposing time and date variations to the other parent when special recreational options
or other unexpected opportunities.arise. Each parent must confer with the other parent
before arranging regularly occurring extracurricular activities for Mackenzee which
might interfere with regular visitation.
If, after discussion and agreement of the parties, Mackenzee is registered or enrolled in an
extracurricular activity,both parties shall have a copy of scheduled events and ensure
Mackenzee's attendance.
12. Upon mutual agreement, an expanded or altered schedule may be agreed
upon between the parties to support Mackenzee's best interests. In the case of a
disagreement, the terms of this Order shall prevail.
By the Court,
Albert H. Masland, Judge
Iistribution:
C istopher A.Dreisbach,Esquire, 2505 North Front Street, 2°d Floor, Harrisburg,PA 17110
Jessica C.D.Holst, Esquire,401 East Louther Street, Ste. 103, Carlisle,PA 17013
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