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HomeMy WebLinkAbout95-04533 IN RE: TERRENCE MICHAEL CLARK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. qs~ 1..).533 C',-,-"...Q T~r"1 PETITION FOR EMERGENCY RELIEF 1. Terrence Michael Clark, age sixteen (16) is a minor child. 2. Pursuant to a Temporary custody Order dated November 12, 1993, and issued by the Court of Common Pleas of Lancaster county, pennsylvania, Terrence Michael Clark is to be in the primary physical custody of his father, Michael W. Deacon, who resides in Mechanicsburg, Cumberland county, Pennsylvania. 3. Pursuant to that same order, legal custody of Terrence Michael Clark is to be shared by both Michael W. Deacon and Kathryn Clark Specht, Terrence Michael Clark's mother, who lives in schuylkill County, Pennsylvania. A copy of the order dated November 12, 1993, is attached hereto and marked Exhibit "A". 4. The Cumberland County Juvenile Probation Dep~rtment has had contact with Terrence Michael Clark due to Terrence's running away from his father's home. A chronological summary/recommendation which was previously prepared by the Juvenile Probation Department is attached hereto and marked Exhibit "BII, 5. In January, 1995, Terrence Michael Clark again ran away from the custody and control of his father while his father was residing in Cumberland County, Pennsylvania. 6. ;, When Terrence Michael Clark ran away he went to the: home . of an adult individual by the name of Benjamin Sankey who resides at 2685 Rosstown Road, Wellsvil1e, York county, Pennsylvania 1736~. 7. Mr. Sankey, advised both the father and mother of Terrence Michael Clark of the fact that Terrence Michael Clark was with him in January, 1995. 8. Neither parent has made any effort to contact Terrence Michael Clark or to seek his return. 9. Both parents, although attempts have been made by Terre~ce Michael Clark to contact them, have refused and continue to refuse to respond to his efforts to communicate with them. 10. Benjamin sankey has provided for the care of Terrence Michael Clark since January, 1995 and is willing to continue to provide a home and necessaries to Terrence Michael Clark inasmuch as neither parent is willing to provide these items for Terrence Michael Clark. 11. Terrence Michael Clark has expressed a desire to return to school to complete his education. 12. The York County Schools will not admit Terrence Michael Clark as a student because neither of his parents is willing to sign authorization for Terrence to live with Benjamin Sankey and attend schools in that area. 13. Unless Mr. sankey has an order of court appointing him as a guardian of the child of Terrence Michael Clark, the school '. district will not allow Mr. Sankey to enroll him in the public schools. I 14. An effort was made to contact Michael W. Deacon to seek his permission to allow Terrence to enroll in public school, but, as in the past, Mr. Deacon has not responded to efforts to contact him. 15. It is in the best interest and welfare of Terrence Michael Clark that he continue with his education and enroll in the public school system. 16. Should this court issue an order appointing Benjamin Sankey as the temporary guardian of Terrence Michael Clark, Mr. Sankey will enroll Terrence MiChael Clark in the local school district in York county so that Terrence Michael Clark can commence his education with the beginning of this 1995/96 school year. 17. Mr. Sankey and Terrence Michael Clark would like to have this matter finallY resolved and therefore would request that this . court schedule a hearing to either continue the order of temporary guardianship in Benjamin Sankey, or resolve this issue by another directive. WHEREFORE, it is prayed that this honorable court will issue an order granting Benjamin Sankey temporary guardianship over the person of the minor child, Terrence Michael Clark, and schedule a hearing to determine this matter for the remainder of Terrence Michael Clark's minor years. Respectf~lly~itted, ~Jtifl/ f01~ R. Mark Thomas, Esquire 54 East Main Street Mechanicsburg, PA 17055 (717) 697-4650 --, . . . v. No. 3859-1992 PENNSYI.4.rAN>lA ~ C) i;l -I .-::! % ("T1 ;>~ ~ a :::'0;.:; ~ :;~ -- '-'" l>' ,. -J :P' ~~ ~ ?5 ?V' .~ ~ -:l'i;', 'tt - "....; .:-;> ';, r: '3" r.:' ... IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, C I V I L MICHAEL W. DEACON . . KATHRYN r.LARK SPECHT TEMPORARY CUSTODY ORDER AND NOW, this 12th day of November, 1993, by agreement of the parties, stated in open court, the custody hearing scheduled for this date is continued as stated below, on condition of the following: 1. Legal custody, as that phrase is defined in 23 Pa. C.S.A. 5302 et seq., of Andrea Deacon, born July 24, 1979, and Terrence Michael clark, born May 5, 1978, shall be shared by both . above named parents, with each parent having the right to . participate in major decisions affecting the children, including but not limited to medical, religious, and educational matters. Each parent shall have access to medical, dental and ~chool records. 2. The mother, Kathryn Clark Specht, shall have primary physical custody of daughter Andrea Deacon and the father, Michael W. Deacon, shall have primary physical custody of son Terrence Michael Clark. 3. The father shall be entitled to exercise partial physical custody of Andrea on alternating weekends in accordance with the schedule currently followed by the parties. Unless the c...C I, c-p , \\\,Q!'i3 ..' . I parties otherwise agree, the hours of such partial physical custody shall be 7:00 p.m. Friday until 4:00 p.m. Sunday. 4. In addition, the father shall be entitled to exercise partial physical custody on the following holidays in 1993: Thanksgiving, November 25 at 3:00 p.m. until saturday, November 27 at 10:00 a.m. christmas, December 25 at noon until noon on sunday, December 26. 5. Upon the return of son Terrence, the mother shall have partial physical custody of that child on the intervening weekends of the above schedule and for such times on or near holidays as ths parties agree. 6. Transportation arrangements shall be as provided in the order of september 1, 1993, or as the parties agree. . and occasional requests of the other to re-sequence, or to modifY or reduce the hours of, physical custody on particular weekends because of school or non-school related activities of either child. 7. The provisions of paragraph 4 of the order of september 1, 1993, regarding counseling for Andrea, remain in effect. On or before December 17, 1993, the mother shall have contacted psychologist Cheryl Walters to schedule the first session, even though the session may not actuallY occur until a later date, due to the counselor's schedule. verification of the scheduling of such appointment shall be provided to the father by December 22, 1993. . Each parent is encouraged to accommodate the reasonable .- " " B. The provisions of paragraph 5 of the Order of September 1, 1993, regarding an evaluation for Terrence, remain in effect. The valuation shall be conducted as soon as pbssible, but at least by such time as will enable the court and the parties to receive the required report prior to the below scheduled hearing. The parties shall provide a copy of this Order and the Order of september 1, 1993 to the person performing such evaluation. 9. Neither parent shall permit Terrence Michael Clark to have any form of communication or contact with, be in the presence of, or enter onto the premises of Benjamin Earl Sankey, currently residing in Wellsville, Pennsylvania. 10. Each party hereto shall keep the other party informed as to his or her current address and teiephone number. Each party shall encourage reasonable telephone communication . between the children and the non-custodial parent when the children , are in his or her custody. 11. Both parents shall encourage the children to love and respect the other and shall not make, nor allow others tO,make, in the presence of the children, derogatory comments about the other parent. Further, each parent shall encourage the children to have significant contact with the other parent, and shall make certain that the children are ready on time for the transfer of physical custody of the children from one parent to the other. 12. A hearing is scheduled for Monday, April 25, 1994, at 9:00 a.m. in Courtroom No.7 of the Lancaster county courthouse, 50 North Duke street, Lancaster, Pennsylvania. At such hearing, either party may offer additional testimony, if desired, on the . . ~ ('\ FROM: MEMO President Judge Harold E. Sheely Joseph L. Osenkarski Charles R. McKenrick L ~11 August 25, 1993 ~Ol DA~EI RE: Terrence M. Clark =============================================================== CHRONOLOGICAL SUMMARY/RECOMMENDATION OS/26/92 Received referral from Mechanicsburg Police Department. Theft of Motor Vehicle, Unauthorized Use of Motor Vehicle and Theft of Cash. 07/17/92 - - Placed on Informal Adjustment. $434 Restitution. 09/27/92 - - Ran away from Mechanicsburg home (father). 11/04/92 - - Pick up and detain order. 11/11/92 Detained Woodside. 11/12/92 - - Placed at Philhaven Hospital for 30 day diagnostic evaluation. 12/14/92 - - Recommendation from Philhaven: Return to father with outpatient counseling. Placed on probation. 01/04/93 - - Request for another pick up and detain order (left school). Returned home by police. 01/11/93 Ran away from Mechanicsburg home. 01/19/93 - - Pick up and detain order. 02/01/93 - - Detained Woodside. 02/24/93 - - Placed George Junior Republic. 03/03/93 - - Absconded from George Junior Republic. 03/25/93 Pick up and detain order. 04/06/93 - - Restitution paid in full by father. 05/13/93 - - Detained Woodside. 05/14/93 - Detention Hearing by Judge Hoffer. Released from detention. Placed with mother and stepfather pending disposition hearing.