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Home My WebLink About05-6148 . MANDY CLARK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY PATRICIA KNIPE AND JACK KNIPE, Defendants. : NO.DS" -l,/tiJ> CIVIL TERM COMPLAINT FOR PARTIAL CUSTODY The plaintiff, Mandy Clark, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. I. The plaintiff is Mandy Clark (Mother), residing at 102 West High Street, Apartment 306, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendants are Patricia Knipe (Paternal Grandmother), residing at 1354 Caboose Lane, Boiling Springs, Cumberland County, Pennsylvania 17007 and Jack Knipe (Father), residing at Cumberland County Prison, Cumberland County, Carlisle, Pennsylvania 17013. 3. Plaintiff seeks partial physical custody of: Name Kevin Knipe Present Residence 1354 Caboose Lane Boiling Springs, P A 17007 Age 6 (DOB 1/5/99) The child was born out of wedlock. The child is presently in the custody of Patricia Knipe, who resides at 1354 Caboose Lane, Boiling Springs, Cumberland County, Pennsylvania 17007. During the past five years the child has resided with the following persons at the following addresses: Persons Patricia Knipe Address 1354 Caboose Lane Boiling Springs, P A 17007 Dates 9/28/0 I-present Mandy Clark Jack Knipe Alyssa Knipe 164 Amy Drive Carlisle, PA 17013 1/1/01-9/28/01 Cheryl Heberling Mandy Clark 89 Spring Garden Estates Carlisle, P A 17013 8/1/00-1/1/01 , Jack Knipe Courtney Hewlett Alyssa Knipe (born 11/3/00) Mandy Clark Jack Knipe 213 Plaza Drive Boiling Springs, P A 17007 4/1/99-8/1/00 The mother of the child is Mandy Clark. She is married. The father of the child is Jack Knipe. He is married. The paternal grandmother of the child is Patricia Knipe. She is a widow. 4. The relationship of Plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Johnathon Clark Alyssa Knipe Relationship Husband Daughter 5. The relationship of Defendant Patricia Knipe to the child is that of paternal grandmother. Paternal Grandmother currently resides with the following persons: Name Kevin Knipe Relationship Grandson The relationship of Defendant Jack Knipe to the child is that of father. Father currently resides in Cumberland County Prison. ~ . 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in dependency. In the Matter of Kevin Knipe. Born 1/5/99 Juvenile No: 01-224 The child was adjudicated dependent on September 30, 2001 by the Court of Common Pleas of Cumberland County, Pennsylvania. The child was placed in Paternal Grandmother's custody. On July 31, 2003, the Court approved the Master's Report recommendation that dependency be terminated. Paternal Grandmother became the child's permanent legal guardian subject to unsupervised extended day visits with Mother every other weekend, as well as visitation with Father. 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 children. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Mother has married and has established a safe and stable home environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs. b. On July 31, 2003, the Court adopted the Master's recommendations to terminate dependency and name Paternal Grandmother permanent legal custodian; however, the Court did not terminate Mother's parental rights because, at that time, all parties wanted the child to retain a link with his biological parents. The Master recommended that Mother have unsupervised extended day visits with the child every other weekend. c. The child would benefit from having a relationship with his mother, who loves him and is willing to exercise the periods of custody recommended by the Master and adopted by the Court. d. In 2003, Paternal Grandmother allowed Mother to have custody of the child every other weekend from Friday until Sunday. For the entire next year, in 2004, Paternal Grandmother refused to allow Mother to see the child more than three or four times. From January 15,2005 until May 22,2005, Mother exercised partial custody for extended day visits with the child every other weekend. e. Paternal Grandmother has not allowed Mother to see the child since May 22, 2005. Paternal Grandmother also refuses to allow Mother to speak to the child on the telephone. " f. Paternal Grandmother also prevents the child from visiting with his sister, Alyssa Knipe, born November 3, 2000. Father normally exercises primary physical custody of Alyssa; however, he is currently incarcerated. Alyssa is living with Mother. If Mother receives partial physical custody of Kevin, the siblings will be able to establish a relationship. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child have been named as parties to this action, WHEREFORE, Plaintiff requests the court to grant her partial physical custody of the child every weekend, with Defendant Patricia Knipe having primary physical custody of the child. ~ ~. / ! /. ,/ ..t-L -.:1--11' i;"--G... I __ THO S . PLACE ROBERT E. RAINS LUCY JOHNSTON--WALSH ANNE MACDONALD-FOX Supervising Attorneys Respectfully submitted, Date: /t/2';t~- ~~. /5.<~,Ji;1......... urgess C. Bradshaw Certified Legal Intern THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 . ~ I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. I^~M df llC1 ,\ ~- Mand lark i Plaintiff f "; c' \..:.) - ------- MANDY CLARK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY PATRICIA KNIPE AND JACK KNIPE, Defendants. : NO. 05- tol4 f CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Ms. Mandy Clark, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certiiles that we believe the party is unable to pay the costs and that we are providing free legal service to the party. rJtu~~ij~~dd ROBE It.. INS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys Et Respectfully submitted, Date /l/7"jo>- 4,(~ Burgess Bradshaw Certified Legal Intern F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 ., <- \~ (.; -..l - _.....-.~-~----- MANDY CLARK PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-6148 CIVIL ACTION LA W PATRICIA KNIPE AND DEFENDANT JACK KNIPE IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 08, 2005 .' upon consideration of the attached Complaint, it is hercby directed that partics and their respective counsc] appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberla~.~..c:"u~<::.()lIr!.house, Carli~~ on Thursday, .January 05, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such confercnce, an effort will bc made to rcso]ve 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 herehy 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 hearin\!. FOR THE COURT. By: Is! Hubert X. GilroVL~ Custody Conciliator r' . The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabi]ites Act of 1990. For information about acccssible 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 HA VE AN A TTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTlI BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedt()fd Street Carlis]e, Pennsylvania] 70]3 Telephone (717) 249.3166 'rrL~~ :/'?~~) " . ~.~~ ~ ~ ~ ~ ~ :Z ~P>V ~~ Jp,f' C"/ . . 7 .-:7 .f/- ~. ~? 'P{J .5C7 O' r"/ . ~) ,." '/1"" !. ~'J ',_ c - ~"::~l '.'.1 12/20/200: 14:30 FAX 717 2:8 5288 PAUL BFADFDRD ORF ESG ~001/001 ~I1X~f(') 1~4)/ rt' 1 (., '30 MANDY CLARK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PEN1\SYLVANIA v. : CIVIL ACTION - LA W : fN CUS TODY P ATRlCIA KNIPE AND JACK KNIPE, Defendants. ; NO, 05-6148 CIVIL TERM ACCEPTANCE OF SERVICE I hereby accept service on behalf of my client, Patricia Knipe, of a true and correct copy of the Complaint for Custody filed November 30, and I verify thaI I am authorized to do so. ~ Date: \Ll1~o[_oc; Paul B. Orr, Esq, Attorney for Defendam, Patricia Knipe Orr & A.sociales 50 Easl High Street ('~l'li,lp, PA 17013 o c ~., c:> r.:-:::> (;;J-' C) -n --' ~4~:D . .... _~r~, <- :r~ w (.,;; CO> MANDY CLARK, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE AND CUSTODY PATRICIA KNIPE AND JACK KNIPE, Defendant : NO. 05-6148 CIVIL TERM CERTIFICATE OF SERVICE I, Burgess C. Bradshaw, hereby certify that on the 5th day of January, 2006, I served a true and correct copy of the Complaint for Partial Custody, a copy of the Order of Court scheduling the custody conciliation, and copy of a letter from Paul Orr confirming an agreement to reschedule the custody conciliation for January 11,2006 at 3:00 p.m. on Jack Knipe by hand delivery at the Cumberland County Prison, 1101 Claremont Road, Carlisle Pennsylvania 17013. Date: J III I C! Ie J ' ~~~c~ Burgess C. Bradshaw Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 ;--.,) ~ .-._.o) , ) -il ..;.--, :"-'-;-) C-c) .' ...~ .... s MANDY CLARK, Plaintiff I,~ ~i 1 8 LO06 IN THE COURT OF COMMON PLEAS OF 7 CUMBERLAND COUNTY, PENNSYLVANIA v : NO.OS-6148 CIVIL ACTION - LAW PATRICIA KNIPE and JACK KNIPE, Defendants IN CUSTODY ORDER OF COURT AND NOW, this 1:) f A day of January, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered that the following temporary Order is entered: 1. The Paternal Grandmother, Patricia Knipe, shall continue to have sole legal custody of Kevin M. Knipe, born January 5, 1999. 2. The Mother, Mandy Clark, shall have periods of temporary physical custody of the minor child as follows: A. On January Ism, .January 29'h, February 11'h, and February 2Sth from 10:00 a.m. until 7:00 p.m. on each day. 3. The parties shall meet with the Custody Conciliator on Thursday, March 2, 2006 at 8:30 a.m. for purposes of reviewing the status of the Order. Assuming things are going well and Mother has abided by all provisions of the Order, the Conciliator at that time will recommend expanding the Order to include overnights. 4. In the event there are any problems with the custody schedule set forth above and the Paternal Grandmother feels that the Court needs to address those problems immediately, legal counsel for the Paternal Grandmother may contact the Custody Conciliator directly to schedule a conference call between legal counsel for the parties and the Custody Conciliator. S. The parties shall exchange information with respect to phone numbers so that they may keep in contact with each other relative to exchanging of custody. 6. Absent an agreement between the parties, the Mother shaD handle transportation for exchange of custody with the understanding that the Conciliator will address the possihility of sharing transportation at the next custody conciliation. 7. Both parties may maintain reasonable telephone contact with the minor child while he is in the other party's custody. BY THE COURT: 1\ Cc: ~ Burgess C. Bradshaw ~ ~ul B. OIT, Esquire ~ 1" ~f;)~ ,~ 0\ ~ '1 :~, li,l ""I C2 nT 7 ~ ~. MANDY CLARK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v NO.05-6148 CIVIL ACTION - LAW PATRICIA KNIPE and JACK KNIPE, Defendants IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Kevin Knipe, born January 5, 1999 2. A Conciliation Conference was held on January 11, 2006, with the following individuals in attendance: The Mother, Mandy Clark, with her counsel, student attorney Burgess C. Bradshaw of the Dickinson School of Law Family Law Clinic The Paternal Grandmother, Patricia Knipe, with her counsel Paul B. Orr, Esquire The Father, Jack Knipe, was not in attendance and he is currently incarcerated. 3. This case is a situation where the Paternal Grandmother has had custody of the minor child for a considerable period of time pursuant to a prior Dependency Order. The Mother is seeking periods of temporary custody with the minor child, but she has had limited contact with the minor child over the past few year or so. The Conciliator is recommending an interim Order with the parties to meet again with the Conciliator for purposes of entering a more pennanent Order that would allow expanded time for the Mother conditioned upon visitation going without any negative events. 4. The Conciliator recommends an Order in the fonn as attached. Date: January l~ ,2006 ~ .. kc.v:'I~i:.U \""" V" L~_~ i MANDY CLARK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-6148 CIVIL ACTION - LAW PATRICIA KNIPE and JACK KNIPE, Defendants IN CUSTODY COURT ORDER AND NOW, this jO'fh.-. day of '1Y~ , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse on the /I/fk..- day of ~ ' 2006 at q'oo ,&.m. At this hearing, the Mother shall be th moving party and shall proceed initially With testimony. Counsel for the parties shall fIle with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called the testify, and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's Order of January 23, 2006 shall remain in place with the Mother continuing to have temporary physical custody of the minor child one day a weekend from 10:00 a.m. to 5:00 p.m., either Saturday or Sunday, to be agreed upon by the parties. 3. In the event either party desires to have an evaluation done prior to the mentioned hearing date and is willing to pay the cost of that evaluation, the other party shall cooperate with the evaluation. The results of the evaluation shall be furnished to legal counsel for both parties prior to any hearing in this case. BY THE COURT, ~~ Cc: _",2; M. L. Ebert, Jr., Judge ~~~'~ ~ul B. Orr, Esquire '" C . It' ,;p.(ra Yutzy, Student Attorney ~~\O.{) rO~ " (, ; .. MANDY CLARK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-6148 CIVIL ACTION - LAW PATRICIA KNIPE and JACK KNIPE, Defendants IN CUSTODY Prior Judge: The Honorable M. L. Ebert, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the child who is the subject of this litigation is as follows: Kevin M. Knipe, born January 5, 1999 2. A Conciliation Conference was held on February 24, 2006 with legal counsel for the parties conducting a telephone conference with the Conciliator. Based upon that conference, the Conciliator recommends an Order in the fonn as attached. 3. Mother believes custody has been going well and wants to expand her periods of temporary custody. The Paternal Grandmother thinks custody is not going well and wants supervised visitation. 4. A hearing in this case should take a minimum of one-half day and possibly one full day. Mft-- & 3 Date: F~ ,2006