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HomeMy WebLinkAbout01-3258KAREN S. McCLAIN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : :NO. .. MARK STEPHEN McCLAIN, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR CUSTODY 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIgS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE Oz~'ICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 KAREN S. McCLAIN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. :NO. 0/--~-~t~ ~'! '~-'~ : MARK STEPHEN McCLAIN, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, KAREN S. McCLAIN, by and through her counsel, Susan Kay Candiello, F~laire, of the Law Pirm of Susan gay Candiello, P.C., and makes the following Complaint for Custody. 1. Plaintiff is KAREN S. McCLAIN, who currently resides at 455 Garden Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is MARK STEPHEN McCLAIN, who currently resides at 14970 Hollowell Church Road, Waynesboro, Franklin County, Pennsylvania, 17268. 3. Plaintiff seeks Primary Legal and Physical Custody of the following minor children: NAME ~ ~ SARAH COLLEEN McCLAIN 455 Garden Drive August 6, 1985 Mechanicsburg, PA PHILIP COLIN McCLAIN 455 Garden Drive January 2?, 1988 Mechanicsburg, PA TORIA CLAIRE McCLAIN 455 Garden Drive October 20, 1996 Mechanicsburg, PA 4. The children were born in wedlock. $. The children are presently in the custody of the Plaintiff, who resides at 455 Garden Drive, Meehanicsburg, Cumberland County, Pennsylvania, 170:55. 6. Since the children's birth the children have resided with the following persons nt the following addresses: PERSONS ADDRESS DATES Plaintiff, Defendant Azores, Portugal 1985 - 1987 Plaintiff, Defendant Panama 1987 - 1989 Plaintiff, Defendant Pensacola, Florida 1989 - 1993 Plaintiff, Defendant Greencastle, PA 1993 - 1999 Plaintiff Lemoyne, PA 1999 - March 2000 Plaintiff 455 Garden Drive March 15, 2000 - Mechanicsburg, PA Present 7. The Mother of the children is Plaintiff, Karen S. McClain, who cu~ently resides at 455 Garden Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Mother is single and resides only with her three (3) children, Sarah Colleen McClain, Philip Colin McClain, and Toria Claire McClain. 8. The Fat her of the children is the Defendant, Mark Stephen MeClain, who currently resides at 14970 Hollowell Church Road, Waynesboro, Franklin County, Pennsylvania, 17268. The Father is Single. Plaintiff believes he lives with his parents, Danyl and Linda McClain. 9. The relationship of the Plaintiff, Karen S. McClain, to the children is that of the Natural Mother. Mother currently resides alone with her son and two (2) daughters. 10. The relationship of the Defendant, Mark Stephen McClain, to the children is that of the Natural Father. The Defendant currently resides with his parents, Darryl and Lindn McClain. 11. Tbe Plaintiff does not know of a person not a party to the proceedings who had physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. The best interests and permanent welfare of the children will be served by granting the relief requested because: A. Plaintiff has always been the primary care giver and has great love and concern for her son and two (2) daughters; B. Plaintiff has always been employed and supported her son and two (2) daughters; C. Defendant was found guilty of eleven (I 1) counts of Indecent Assault upon his daughter, Sarah Colleen McClain, in Franklin County, Pennsylvania, on or about September, 1999; D. Defendant was incarcerated in Franklin County Prison for two (2) years as a result of his being convicted of eleven (11) counts of indecent assault upon his daughter; E. Defendant is not psychologically able to provide a safe environment for the children; F. Defendant has not had any physical and/or psychological relationship with the children for more than two (2) years; G. Plaintiff wishes her children to live in a safe physical, emotional and social environment. 13. Each parent who~e parental fights to the children have not been terminated and the parsons who have physical custody of the children have been named as pardes to this action. WHEREFORE, Plaintiff, KAREN S. McCLAIN, respectfully requests this Honorable Court to enter an Order: Granting her Full Legal and Primary Physical Custody of her son, PHILIP COLIN McCLAIN, and her daughters, SARAH COLLEEN McCLAIN and TORIA CLAIRE McCLAIN, and giving Defendant, MARK STEPHEN McCLAIN, supervised visitation with the children when the children have fully recovered from the emotional trauma caused by their Father's actions and Father has obtained sufficient counseling to insure the safety of the children. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. '"~"~san Kay Candi~,Jor~e - Counselfor Plainf~f PA I.D. ~ 64998 5021 F~t Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best ofber knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ' ]/~ Ka/en S. McC~in ~ - KAKEN S. MCCLAIN : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY. PENNSYLVANIA V. MARK STEPHEN MCCLAIN : 01-3258 CIVIL ACTION LAW DEFENDANT IN CUSTODY AND NOW, Friday, June 01, :1001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehaniesburg, PA 17055 on Mondn)', July 0:1, :1001 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ Dagvn S. Sunda'v. Eso. t~4~ Custody Concil'iator ' 0' 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 aRend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR Al'FOP, NEY 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 2 Liberty Avenue Carlisle. Pennsylvania 17013 Telephone ('717) 249-3166 KAREN S. MeCLAIN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. 01-3258 : MARK STEPHEN McCLAIN, : CIVIL ACTION - LAW DEFE~A~ : ACTION FOR CUSTODY ACCEPTANCE OF SERVIC I, James M. Slain, Esquire, counsel for the Defendnnt in the above-captioned nutlter, accept service of the Complaint for Custody and attached June 1, 2001 Order of Court, nnd certify that I am authorized to do so. James M. Stein, Esquire Counsel for Defendant PA I.D. # 13 West Main Street Suite 210 Waynesbom PA 17268 (717) 762-1160 'gCT 0 2001, KAREN S. MC CLAIN, :IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-3258 CIVIL TERM MARK STEPHEN MC CLAIN, : Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 25th day of September, 2001, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for September 26, 2001 is canceled. FOR THE COURT, Custody Conciliator KAREN S. McCLAIN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA ; vs. : NO. 01-32.~8 CIVIL TERM : MARK. STEPHEN McCLAIN, : CIVIL ACTION - LAW DEFENDANT : CUSTODY AND NOW, this ~day of ~ ,2002, upon consideration of the arched Stipulation for Agreed Order of Custody, Plaintiff, KAREN S. McCLAIN, shall have FULL LEGAL AND PRIMARY PHYSICAL CUSTODY of the parties' three (3) children, SARAH COLLEEN McCLAIN, PHILIP COLIN MeCLAIN, and TORIA CLAIRE MeCLAIN. Defendant, MARK STEPHEN MeCLAIN, shall have PARTIAL SUPERVISED PHYSICAL CUSTODY of the parties' three (3) children, SARAH COLLEEN McCLAIN, PHILIP COLIN McCLAIN, and TORIA CLAIRE MeCLAIN in accordance with the language contained in the within Stipulation. J. KAREN S. MeCLAIN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. :NO. 01-3258 CIVIL TERM : MARK STEPHEN MeCLAIN, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY NOW THEREFORE, the parties, intending to be legally bound, agree as follows: Plaintiff is KAREN S. MeCLAIN (hereinaf~r known as "Mother') who currently resides at 455 Gnrden Drive, Mechanicsburg, Cumberland County, Pennsylvnnin, 17055. Defendant is MARK STEPHEN MeCLAIN (hereinafter known as "Father") who currently resides at 14970 Holinwell Church Road, Waynesboro, Franklin County, Pennsylvania, 17268. SARAH COLLEEN MeCLAIN, born on August 6, 1985, TORIA CLAIRE MeCLAIN, born on October 20, 1996, and PHILIP COLIN MeCLAIN, born on January 27, 1988, are the natural children of the Mother, KAREN S. MeCLAIN, and the Father, MARK STEPHEN MeCLAIN, and are the subjects of this Stipulation for Agreed Order of Custody. It is Plaintiffand Defendanfs belief that it is in the best interests of their minor children to have a meaningful ongoing relationship with both their natural Mother and natural Father, provided the children are in a safe environment. WHEREFORE, Plaintiff, KAREN S. McCLAIN, and Defendant, MARK STEPHEN MeCLAIN, have entered into a mutual agreement regarding the custody of their children and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff shall have Full Legal Custody (as defined in 23 Pa. C.S.A. Section 5302) of the minor children, SARAH COLLEEN MeCLAIN, PHILIP COLIN MeCLAIN and TORIA CLAIRE MeCLAIN. 2. All decisions affecting Sarah, Philip and Toria's p~owth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities, shall be considered major decisions and shall be made by Mother. Mother agrees she will provide Father with timely information about any such decisions which she has made affecting the children. Mother agrees she will make all decisions affecting the children with a view towards obtaining and following a harmonious nolicv in the children's best interests. 3. Mother agrees to keep Father informed in a timely manner of the progress of their children's education and social adjustments. Mother agrees to maintain verbal and/or written contact with Father providing him with any and all information of and concerning the children as if Fatber were actively involved with the children. 4. While in the presence of their children, Mother shall not make or permit any other person to mzlre, any remarks or do anything which could in any way be construed as derngato~ or uncomplimentary to Father. It shall be Mother's express duty to uphold Father as one whom the children should respect. 5. It shall be the obligation of Mother to encourage the children to participate in the plan hereby agreed and ordered. 6. Mother shall have the duty to notify Father of any event or activity which could reasonably be expected to be of significant concern to Father. 7. Mother shall be responsible for making any emergency decisions which must be made; however, Mother agrees she will inform Father of the emergency as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of Mother. 8. Mother agrees to provide Father with complete and full information f~om any doctor, dentist, teacher or authority and all copies of any reports given to her as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. It shall be Mother's responsibility to contact the children's school and obtain information about the children's education and major school events and share them with Father. 9. The two (2) older children, Sarah and Philip, are enrolled at Hershey School. The policy at Hershey School is to recognize one parent, in this case Mother, as the parent with sole legal custody. Father agrees while Sarah and Philip are enrolled at Hershey School to recognize and respect the policy at Hershey School. While enrolled at Hershey School, Father may not telephone the children, visit them end/or remove them fxom the school unless Mother is present. Mother agrees to cooperate with Father to provide him with all important information about the education, socialization, progress, activities and general welfare of Sarah and Philip while enrolled at Hershey School. lO. Mother shall have Primary Physical Custody and Father shall have Partial Supervised Physical Custody of their minor children, Sarah, Toria and Philip. 11. Father shall only have Partial Supervised Physical Custody of Toria, for extended periods of time, outside the protection of Toria's sister, Sarah, and brother, Philip, under Mother's supervision until Toria reaches the age of fourteen (14) years and/or Mother determines Toria is sufficiently mature to be with Father in a supervised environment. 12. Father shall have Partial Supervised Physical Custody according to the following schedule: A. Due to the two (2) older children, Sarah and Philip, at~ending Hershey School, Mother only has five (S) weekends of visitation during the school year with Sarah and Philip. These weekends are frequently used in conjunction with holidays, such as Memorial Day, Labor Day, etc. Father may request visitation with Sarah and Philip at Mother's residence, during these five (S) weekends with one (I) week notice to Mother. The~ visits may be up to four (4) hours in length, or as can be amicably agreed upon between Father and Mother; B. Father may request visitation at Mother's residence with Toria a maximum of one (1) weekend day, up to four (4) hours in length, or as can he amicably agreed upon between Father and Mother, every third weekend with one (1) week notice to Mother. This weekend visitation shall be coordinated with Father's visit with Sarah and Philip, whenever possible: C. Easter: Father may request visitation with Sarah, Toria and Philip at Mother's residence on Easter Day from 3:00 p.m. through 6:00 p.m. with two (2) weeks notice to Mother; D. Thanksgiving: Father may reqnest visitation with Sarah, Toria and Philip at Mother's residence on Thanksgiving Day from 3:00 p.m. through 6:00 p.m. with two (2) weeks notice to Mother; E. Christmas: Father may request visitation with Sarah, Tofia and Philip at Mother's residence for the Chris~mas holiday from 3:00 p.m. through 6:00 p.m. with four (4) weeks notice to Mother; F. Father's Day: Father may enjoy visitation with Sarah, Toria and Philip at Mother's residence from 1:00 p.m. through 6:00 p.m. on Father's Day, with one (I) week notice to Mother. Mother shall have the children on Mother's Day; 13. Father recognizes as a result of the recent interactions with Philip during their vacation at the beach and Sarah's recent attempted suicide, neither Philip nor Sarah may agree to have visitation with him, even with Mother's supervision. Father agrees to abide by Philip and Sarah's wishes as to when they will enjoy visitation with him. 14. Mother agrees to provide Father with written notice ninety (90) days prior to any relocation of her and any one or all of the children, beyond a one hundred (100) mile radius of Hershey, PA. If Father does not file an objection with the Cumberland County Court within the ninety (90) day period, Father will be deemed to agree with the relocation of Mother and any one or all of the children. 15. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. MARK STEPHEN McCLAIN KAI~N S. McC-~Ar~ ~- - COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF (~k~k-~.~x : On this, the ~ day of'~ 2001, before me, a Notary Public for the Commonwealth of Pem~sylvhnia, the undersigned officer, personally appea~xl MARK STEPHEN MeCLAIN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. No~bli~ ~ ~.. I~$I~1, Omo I M.y (:~nmbd~ ~ July II. 2GO~ I COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF ~ ~'~ [ O.~ : Onthis, the ~ clayof ~~ ,2001, beforem¢,aNotary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared KAREN S. MeCLAIN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public ~ My Commission Expires: