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HomeMy WebLinkAbout05-1044KENNETH J. CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW NO. s_? SL5/ CIVIL TERM KIMBERLY R. CLARK, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Kenneth J. Clark, residing at 175 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Kimberly R. Clark, residing at 175 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff seeks custody of the following children, KateLynn Clark, born February 27, 2000 and Kassandra Emma Clark, born January 21, 2004. 4. The children were not born out of wedlock. The children are presently in the custody of their Father and their Mother, who reside at 175 Big Spring Terrace, Newville, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: SAUDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA Name Address FromlTo Kenneth J. Clark and Kimberly R. Clark 175 Big Spring Terrace Newville, PA 17241 Birth to present Harriet Clark 175 Big Spring Terrace Newville, PA 17241 May 2001 to present i The mother of the children is Kimberly R. Clark, currently residing at 175 Big Spring Terrace, Newville, Pennsylvania. She is married. The father of the children is Kenneth J. Clark, currently residing at 175 Big Spring Terrace, Newville, Pennsylvania. He is married. 5. The relationship of the Plaintiff to the children is that of Father. The Plaintiff currently resides with the following person(s): Plaintiffs spouse, Kimberly R. Clark and the Plaintiffs mother, Harriet Clark. 6. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following person(s): Defendant's spouse, Kenneth J. Clark and the Plaintiff's mother, Harriet Clark. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the children in this or another jurisdiction. 8. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of the Commonwealth. 9. The Plaintiff does not know of a 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 child. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 10. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) The Plaintiff can best provide for the physical and emotional needs of the children. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, the Plaintiff requests this Court to grant primary physical and legal custody of the children to the Plaintiff. Respectfully submitted, Saidis, Shuff, Flower & Lindsay By: 9 0 Carol J. Lindsay ID #44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION 1, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. nneth J. Clark, Plaintiff Date: 0//7/6-5 SAIDIS SHUFF, FLOWER & LINDSAY ATMRNEYS•AT•LAW 26 W. High Street Carlisle, PA L4 u C? KENNETH J. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION - LAW : NO. OS-- toY`N CIVIL TERM KIMBERLY R. CLARK, Defendant IN CUSTODY ACCEPTANCE OF SERVICE I accept service of the Complaint in Custody in the above captioned matter. By: 69- Kimberly W. Clark, Defendant Date: ;1-/9'05 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA C? -? Y C._ , ?= Rp. "TY 'f.:;:; ? rS L < t, . ? } ? ( ,? - . . `,.? C?:, .% ?. ! `, _ ^r i ?' N s ?_ `mac ? " = ? ` Kenneth James Clark, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. - Kimberly R. Clark, Defendant IN CUSTODY STIPULATION FOR CUSTODY The parties are Kenneth James Clark of 175 Big Spring Terrace, Newville, Pennsylvania, 17241, hereinafter, "Father" and Kimberly R. Clark of 175 Big Spring Terrace, Newville, Pennsylvania, 17241, hereinafter "Mother". The parties stipulate to the following: 1. The parties are the parents of KateLynn Clark, born February 27, 2000 and Kassandra Emma Clark, born January 21, 2004. 2. Father shall have legal and physical custody of KateLynn Clark and Kassandra Emma Clark. 3. Mother shall have periods of visitation with KateLynn Clark and Kassandra Emma Clark at such times as the parties can agree. The terms of this stipulation shall be entered as an Order of Court. e Kenneth James Clark 7/0s Date K. " C:0,0,IL Kimberly R. Clark -,?- -/7-O5 Date Witnessed y: r 06- Date De a t u -n . ..y f'-. -p n'1 1 v ?. 1 4 ,7m rn - PEAR 0 2 2005 Kenneth James Clark, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW Kimberly R. Clark, Defendant IN CUSTODY ORDER OF COURT AND NOW, this fo day of ltii,, "4 2005, upon consideration of the within Stipulation, the terms thereof are hereby made an Order of Court. b3? By the Court, KENNETH CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY KIMBERLY CLARK, Defendant. : NO. 05-1044 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this ja day of -,, (. c 2008, between 1 Kimberly R. Clark, hereinafter Mother, Kenneth)(. Clark, hereinafter Father, and Harriet Clark, hereinafter Grandmother, concerns the custody of the children: KateLynn Clark, born February 27, 2000, and Kassandra Emma Clark, born January 21, 2004. Mother, Father and Grandmother desire to enter into an agreement as to the custody of the children. Mother, Father, and Grandmother agree to the following. 1. Mother, Father, and Grandmother shall share legal custody of the children. 2. Grandmother shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children every other weekend from Friday at 3:00pm to Sunday at 9:00pm and alternating holidays as the parties agree. 4. Father's custody arrangements will be determined upon resolution of his criminal case. 5. Mother and Grandmother will agree upon custody exchange times and locations. 6. Mother, Father, and Grandmother will notify each other of all medical care the children receive while in the parent's or grandparent's care. Mother, Father, and Grandmother will notify the other immediately of medical emergencies which arise while the children are in that person's care. 7. Neither parent nor Grandmother will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent/grandmother or which may hamper the free and natural development of the children's love and respect for the other parent/grandmother. 8. Father and Mother acknowledge that the Family Law Clinic represents only Grandmother's interest in this matter and has given parents no legal advice other than that they should seek the advice of legal counsel. 9. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. i 7 Harriet Clark Karen Fernandez Certified Legal Intern Counsel for Grandmo Kimberly Cl • c, Defendant ae Clar, laintiff AME VNgR?1????MEYER Counsel for Grandmother FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 CERTIFICATE OF SERVICE I, Karen Fernandez, Certified Legal Intern, the Family Law Clinic, hereby certify that, I am serving a true and correct copy of the Custody Agreement to the following person by first class U.S. Mail, postage prepaid, this 22 day of??+o r- 2008: Kimberly R. Clark Box 123 al Route 1 Pawpaw, WV 25434 Kenneth J. Clark CIO Marian and John Berry 923 Franklin Street Carlisle, PA 17013 Karen Fernandez Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ;""? h C, c. ?y r,, ?"' ? `T7 'y ?1; - r,? :, _ h? -, ? ? .l? ?, ..^? KENNETH J. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY KIMBERLY R. CLARK Defendant NO. 05-1044 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Harriet Clark, Petitioner, to proceed in forma pauperis. The Family Law Clinic, attorneys for the petitioner proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date October 22, 2008 Karen Fernandez - Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 MEGA RIESMEYER Supervising Attorneys N ° ? a C+) rlo M .? _ yyyyy -j OCT 2 3 20086 • KENNETH J. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY KIMBERLY R. CLARK, Defendant : NO. 05- 1044 CIVIL TERM ORDER OF COURT AND NOW, this day of C a tl` t,r , 2008, upon consideration of the attached agreement, it is hereby ordered that the Order of the Court of March 10, 2005 is modified as follows: 1. Mother, Father, and Grandmother shall share legal custody of the children. 2. Grandmother shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children every other weekend from Friday at 3:00pm to Sunday at 9:00pm and alternating holidays as the parties agree. 4. Father's custody arrangements will be determined upon resolution of his criminal case. 5. Mother and Grandmother will agree upon custody exchange times and locations. 6. Mother, Father, and Grandmother will notify each other of all medical care the children receive while in the parent's or grandparent's care. Mother, Father, and Grandmother will notify the other immediately of medical emergencies which arise while the children are in that person's care. 7. Neither parent nor Grandmother will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent/grandmother or which may hamper the free and natural development of the children's love and respect for the other parent/grandmother. 8. Father and Mother acknowledge that the Family Law Clinic represents only Grandmother's interest in this matter and has given parents no legal advice other than that they should seek the advice of legal counsel. BY THE COURT: 1?k --? ?-a\ FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 ^P HIN`vt ]Ag.NN,'3d I G :6 WV ? Z 130 8002 HARRIET CLARK, Petitioner V. KENNETH J CLARK, Plaintiff/Respondent V. KIMBERLY R. CLARK, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY NO. 05- 1044 CIVIL TERM PETITION OF HARRIET CLARK TO RELOCATE 1. Petitioner, Harriet Clark, through her attorneys, the Family Law Clinic, hereby petitions to permanently relocate and maintain shared legal and primary physical custody of KateLynn Clark, born February 27, 2000, and Kassandra Emma Clark, born January 21, 2004, and avers in support thereof as follows: 2. Petitioner is Harriet Clark, Children's paternal grandmother (hereinafter "Grandmother"), who currently resides at 157 Big Spring Terrace, Newville, PA 17241. 3. Respondent is Kenneth Clark, Children's father (hereinafter "Father"), who is awaiting sentencing at the Cumberland County Prison. 4. Respondent is Kimberly Clark, Children's mother (hereinafter "Mother"), whose current address is Box 123 al, Route 1, Paw Paw, WV 25434. 5. On September 29, 2008, the parties entered a Custody Agreement with this Court granting Mother, Father, and Grandmother shared legal custody of Children. The Agreement gave Grandmother primary physical custody of Children subject to Mother's periods of partial custody. Father's custody arrangements were to be determined upon resolution of his criminal case. The court entered a Custody Order on October 24, 2008 reflecting the terms of the Custody Agreement. A copy of the Agreement is attached hereto as Petitioner's "Exhibit A," and is incorporated herein by reference. A copy of the Order is attached hereto as Petitioner's "Exhibit B," and is incorporated herein by reference. 6. Grandmother wishes to relocate to 290 Pasture Road, Perkinson, Mississippi 39573, to live with her daughter, Jean Cuevas, Children's paternal aunt (hereinafter "Aunt"). 7. Grandmother believes that permitting her to relocate and maintain shared legal and primary physical custody of Children would be in Children's best interest because: a. Mother and Father entered into an agreement with Grandmother granting Grandmother shared legal and primary physical custody of Children. b. Children have been living with Grandmother since each of their births, and Grandmother has been one of their primary caretakers throughout their lives. c. Since March 3, 2008, when Father first went to prison, Grandmother has been Children's primary caregiver. d. Father is currently incarcerated and is awaiting sentencing on a series of child rape and molestation charges. e. Mother sees Children approximately two weekends per month. f. During the times that Mother sees Children, approximately half of the visits take place at Grandmother's home. g. Mother has made sporadic child support payments to Grandmother and is currently on probation for failure to pay child support. h. Grandmother is suffering financial difficulties and Aunt has welcomed Grandmother and Children to live at her home indefinitely. i. Aunt lives on a ten acre property in Perkinson, Mississippi, and is in the process of building a new house on the property. When construction on the house is completed, Children will each have their own bedrooms. Until construction on the house is completed, Children will have their own bedrooms in a three bedroom home located on the property. j. Grandmother believes that her relocation will result in enhanced economic opportunities and is likely to significantly and directly improve the quality of life for her and Children. k. Grandmother intends to continue to foster the ongoing relationship between Children and Mother by allowing reasonable continued contact and visitation with Mother, including but not limited to extended contact during summers and other extended visitation periods. 1. Grandmother wishes to relocate prior to September 2009 so that Children may enroll in school prior to the start of the school year. Grandmother and Aunt are actively pursuing schooling options for Children. m. Father agrees that Children's move to Mississippi with Grandmother is in the best interests of Children. n. Grandmother believes that Mother does not agree that Children's move to Mississippi with Grandmother is in the best interests of Children. 8. Pursuant to 23 Pa.C.S. §5313(a), Grandmother has standing to bring this action as Children have lived with her for a period of more than 12 months. Grandmother also has standing as she has been acting in loco parentis for a period of more than 24 months. 9. Pursuant to C.C.R.P. §208.2(d), concurrence of opposing counsel is not necessary, as neither Mother nor Father has obtained counsel in this matter. 10. The Honorable Judge M.L. Ebert has previously ruled in this matter. WHEREFORE, Petitioner asks that the Court grant Grandmother permission to relocate with Children to Mississippi and maintain primary physical and shared legal custody because it will be in the best interest of Children. Date: W 11169 I if '( 0??(l 4vv*V?l s M tyre Certified Legal Intern AfA? - G RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: l Harriet Clark KENNETH CLARK, Plaintiff V. KIMBERLY CLARK, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 05-1044 CUSTODY AGREEMENT n ? Z L= CIVIL TERM ' ? . .? THIS AGREEMENT, made this 2a day of tc, 2008, between Kimberly R. Clark, hereinafter Mother, Kenneth. Clark, hereinafter Father, and Harriet Clark, hereinafter Grandmother, concerns the custody of the children: KateLynn Clark, born February 27, 2000, and Kassandra Emma Clark, born January 21, 2004. Mother, Father and Grandmother desire to enter into an agreement as to the custody of the children. Mother, Father, and Grandmother agree to the following. 1. Mother, Father, and Grandmother shall share legal custody of the children. 2. Grandmother shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children every other weekend from Friday at 3:00pm to Sunday at 9:00pm and alternating holidays as the parties agree. 4. Father's custody arrangements will be determined upon resolution of his criminal case. 5. Mother and Grandmother will agree upon custody exchange times and locations. 6. Mother, Father, and Grandmother will notify each other of all medical care the children receive while in the parent's or rand arent's care. Mother, Father, EXHIBIT v 71 --q 51r ?5nl and Grandmother will notify the other immediately of medical emergencies which arise while the children are in that person's care. 7. Neither parent nor Grandmother will do anything which may estrange the children from the other parry, or injure the opinion of the children as to the other parent/grandmother or which may hamper the free and natural development of the children's love and respect for the other parent/grandmother. 8. Father and Mother acknowledge that the Family Law Clinic represents only Grandmother's interest in this matter and has given parents no legal advice other than that they should seek the advice of legal counsel. 9. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. Harriet Clark Karen Fernandez Certified Legal Intern Counsel for Grandmo Kimberly Cl , Defendant e lar c, Plaintiff /I ?// I" 422,x- _ MEAN RIESNIEYER' Counsel for Grandmother FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 CERTIFICATE OF SERVICE I, Karen Fernandez, Certified Legal Intern, the Family Law Clinic, hereby certify that, I am serving a true and correct copy of the Custody Agreement to the following person by first class U.S. Mail, postage prepaid, this 22 day of Oc a?tr , 2008: Kimberly R. Clark Box 123 al Route 1 Pawpaw, WV 25434 Kenneth J. Clark C/O Marian and John Berry 923 Franklin Street Carlisle, PA 17013 Karen Fernandez Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 OCT Z 3 2008 KENNETH J. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY KIMBERLY R. CLARK, Defendant : NO. 05- 1044 CIVIL TERM ORDER OF COURT AND NOW, this day of 2008, upon consideration of the attached agreement, it is hereby ordered that the Order of the Court of March 10, 2005 is modified as follows: 1. Mother, Father, and Grandmother shall share legal custody of the children. 2. Grandmother shall have primary physical custody of the children. 3. Mother shall have periods of partial physical custody of the children every other weekend from Friday at 3:00pm to Sunday at 9:00pm and alternating holidays as the parties agree. 4. Father's custody arrangements will be determined upon resolution of his criminal case. 5. Mother and Grandmother will agree upon custody exchange times and locations. 6. Mother, Father, and Grandmother will notify each other of all medical care the children receive while in the parent's or grandparent's care. Mother, Father, and Grandmother will notify the other immediately of medical emergencies which arise while the children are in that person's care. 7. Neither parent nor Grandmother will do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent/grandmother or which may hamper the free and natural development of the children's love and respect for the other parent/grandmother. 8. Father and Mother acknowledge that the Family Law Clinic represents only Grandmother's interest in this matter and has given parents no legal advice other than that they should seek the advice of legal counsel. BY THE COURT: FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 rI e,°rt 1 J. 5 CERTIFICATE OF SERVICE I, Krystal MacIntyre , Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Pe ' ion Relocate on the following people by first class U.S. Mail, postage prepaid, this jL day of ?4jj 41 , 2009: Kimberly Clark Box 123 al, Route 1 Paw Paw, WV 25434 Kenneth Clark Cumberland County Prison 1101 Claremont Road Carlisle, PA 17015 Krystal MacIntyre Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 RED ?T i P i t?? v1 e' 2007 JUN I i P ?: 08 JUN 12 20095 HARRIET CLARK, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH J CLARK, : CIVIL ACTION-LAW Plaintiff/Respondent : IN CUSTODY V. NO. 05- 1044 CIVIL TERM KIMBERLY R. CLARK, Defendant/Respondent ORDER OF COURT And now, this _kt-day of 2009, pursuant to the attached Petition to Relocate, a hearing will be held in courtroom of the Court of Common Pleas of Cumberland County, on the ?ay of (,x(142009 at QQj?.M. BY THE COURT: Date: c? t?? *A. ? k J. Distribution to: ./ Family Law Clinic 45 North Pitt Street Carlisle PA 17013 Kimberly Clark Box 123 al, Route 1 Paw Paw, WV 25434 /nneth Clark Cumberland County Prison 1101 Claremont Road Carlisle, PA 17015 t ES MR ll / 1 / ? 14f? UE.' L- 0F T1 -11 r p ?, A HARRIET CLARK, IN THE COURT OF COMMON PLEAS OF PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH J. CLARK, PLAINTIFF V. KIMBERLY R. CLARK, Now KIMBERLY COLE, DEFENDANT NO. 05-1044 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 24th day of August, 2009, upon consideration of Harriet Clark's Petition to Relocate, Kimberly Cole's Exhibit No. 1, and after hearing, IT IS HEREBY ORDERED AND DIRECTED that: 1. LEGAL CUSTODY: Mother, Kimberly R. Cole, and Grandmother, Harriet Clark, shall share legal custody of the children, KateLynn Clark, born February 27, 2000, and Kassandra Emma Clark, born January 21, 2004. Major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall not impair the other party's rights to shared legal custody of the children. Each party shall not alienate the affections for the children from the other party. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of J concern to the party then having physical custody. With regard to any emergency decisions that must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party. 2. RELOCATION: Grandmother, Harriet Clark, will be allowed to relocate with the children to reside with her daughter, Jean Cuevas, in Perkinston, Mississippi. 3. PHYSICAL CUSTODY: Grandmother, Harriet Clark, shall have physical custody of the children subject to liberal visitation by the Mother as agreed upon by the parties. At a minimum, Mother, assuming her financial situation improves, shall be provided a majority of the Christmas school vacation for visitation with her children in Illinois. 4. TELEPHONE CONTACT: Telephone contact between the children and the non-custodial party shall be reasonable and liberal as agreed upon by the parties. 5. NONAILENATION: Neither party may say or do anything nor permit a third party to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other party in the presence of the children. 6. MODIFICATION: The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. IT IS FURTHER ORDERED AND DIRECTED that this Court would consider transfer of jurisdiction of this case to a more convenient forum in Mississippi or Illinois. The Court additionally recognizes that if Mother is able to establish a satisfactory home and stable employment in Tuscola, Illinois, that favorable consideration of a Motion to Modify this Order of Custody may be warranted for the summer school vacation of 2010. By the Court, Krystal Maclntyre, CLI Megan Riesmeyer, Esquire Attorney for Petitioner Kimberly Cole, Pro Se 5011/2 East Barker Street Tuscola, IL 61953 Kenneth Clark, Pro Se bas QOF I "es r?QL,L" M. L. Ebert, Jr., J. FILED (1), ? C OF THE € R,-')TV'n, sOTARY 2009 AUG 25 AM 11: 15 w;-;" ?,:: r'i`g' f Y1.,1jA I, z'..