HomeMy WebLinkAbout95-04706
6. The Plaintiff avars that sha is entitled to a divorce on the ground that the
marriage Is Irretrievably broken and Plaintiff Is proceeding under Sections 3301 (c) and/or (d)
of the Divorce Code.
7. Plaintiff has been advised of the availability of marriage counseling and of
the right to request that the Court require the parties to participate In marriage counsollng, and
does not request counseling.
WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce.
COUNT II. CUSTODY
8. Plaintiff Incorporates herein by reference paragraphs 1 through 7 as though
fully set forth herein.
9. The Plaintiff Is SHERRY L. CLARKE, residing at 530 South Baltimore
Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania.
10. The Defendant Is ROBERT M. CLARKE, JR., residing at 530 South
Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania.
11. Plaintiff seeks custody of ROBERT MARSHALL CLARKE, 1\1, born February
10, 1994, one year old, and residing at 530 South Baltimore Avenue, Mt. Holly Springs,
pennsylvania,
12. The child was not born out of wedlock. The child is presently In the custody
of PlaIntiff, The child has resided with Plaintiff and Defendant at 530 South Baltimore Avenue,
Mt. Holly Springs, Pennsylvania, since his birth,
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6. The Plaintiff avers that she Is entitled to a divorce on the ground that the
marriage Is Irretrievably broken and Plaintiff is proceeding unc;fer Sections 3301 (c) and/or (d)
of the Divorce Code.
7. Plaintiff has been advised of the availability of marriage cOL1nsellng and of
the right to request that the Court require the parties to participate In marriage counseling, and
does not request counseling.
WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce.
COUNT II. CUSTODY
8. Plaintiff Incorporates herein by reference paragraphs 1 through 7 as though
fully set forth herein.
9. The Plaintiff Is SHERRY L. CLARKE, residing at 530 South Baltimore
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Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania.
10. The Defendant Is ROBERT M. CLARKE, JR., residing at 530 South
Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania.
11. Plaintiff seeks custody of ROBERT MARSHALL CLARKE, III, born February
10, 1994, one year old, and residing at 530 South Baltimore Avenue, Mt. Holly Springs,
Pennsylvania.
12, The child was not born out of wedlock. The child is presently In the custody
of Plaintiff. The child has resided with Plaintiff and Defendant at 530 South Baltimore Avenue,
Mt. Holly Springs, Pennsylvania, since his birth.
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13. The mother 01 the child Is Plaintiff, currently residing at 530 South Baltimore
Avenue, Mt. Holly Springs, pennsylvania. She Is married. The father of the child Is Delendant, .
who Is currently residing at 530 south Baltimore Avenue, Mt. Holly Springs, pennsylvania. He
Is married.
14. The relationship 01 Plaintiff to the child Is that of natural mother. Plaintiff
does not reside with anyone other than the child.
15, The relationship of Defendant to the child Is that of natural father. To the
best of Plaintiff's knowledge, Defendant does not currently reside with anyone.
16. Plaintiff has not participated as a party or witness or In any other capacity
In other litigation concerning the custody of the child In this or another court.
17. Plaintiff has no Information of a custody proceeding concerning the child.
pending In a Court of this commonwealth.
18. 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.
19. The best Interests and permanent wellare 01 the child will be served by
granting the relief requested, since Plaintiff has been the primary caretaker of the child, and Is
best able to parent him and assure that his needs are met.
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7. The Order may subject the Defendant to:
I) arrest under 23 Pa. C.S. ~6113;
II) a private criminal complaint under 23 Pa. C,S. ~6113.1;
III) a charge of Indirect criminal contempt under 23
Pa.C.S. ~6114, punishable by Imprisonment up to six
months and a fine of $100.00-$1,000.00; and
Iv) civil contempt under 23 Pa.C.S. ~6114.1.
Resumption of co-residence on the part of the Plaintiff and Defendant shall not nullify the
provisions of the Court Order.
8. The Pennsylvania State Pollee and the MI. Holly Springs Pollee Departments
shall be provided with a certified copies of this Order by the Plaintiff's attorney and may enforce
this Order by arrest for Indirect criminal contempt without warrant upon probable cause that this
Order has been violated, whether or not the violation Is committed in the presence of the pollee
officer. In the event than an arrest Is made under this section, the Defendant shall be taken
without unnecessary delay before the Court that Issued the Order. When that Court Is
unavailable, the Defendant shall be taken before the appropriate District Justice. 23 Pa.C.S.
~6113.
BY THE COURT:
J.
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
SHERRY L. CLARKE,
Plaintiff,
ROBERT M. CLARKE, JR"
Defendant.
NO. 95 -4 7ofo CIVIL TERM
PROTECTION FROM ABUSE
A. ABUSE
NOW COMES SHERRY L. CLARKE, by and through her attorneys, FLOWER,
MORGENTHAL, FLOWER & LINDSAY, P.C., and Petitions this Honorable Court as follows:
1. Plaintiff Is an adult Individual residing at 350 South Baltimore Avenue, Mt.
Holly Springs, Cumberland County, pennsylvania.
2. Defendant, ROBERT M. CLARKE, JR., Is an adult Individual residing at 350
South Baltimore Avenue, Mt. Holly Springs, Cumberland County, pennsylvania.
3. The parties are married.
4, On Friday, August 11, 1995, the Defendant lost his temper with Plaintiff,
threatened to shoot her, threatened to "punch her out" and threatened to "get It over with". On
this occasion Plaintiff was In reasonable fear of her life, considering the firearms which were In
the house and which were available to Defendant.
5. Although Plaintiff and Defendant married on February 14, 1991, they had
been together for approximately ten years, and on numerous occasions during that period,
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Defendant lost his temper, verbally abused her, and threatened to shoot her or otherwise herm
her.
6. Plaintiff temporarily left the marital residence on Friday, August 11, 1995.
After discussions between Plaintiff and Defendant, It Is anticipated that Plaintiff will move back
Into the marital residence at 530 South Baltimore Avenue, Mt. Holly Springs, Cumberland County,
Pennsylvania, on or about September 1, 1995, and that Defendant will vacate the premises at
that time,
7. The Plaintiff believes and therefore avers that she will be In immediate and
present danger of abuse from the Defendant, and that she Is in need of protection from such
abuse.
8. The Plaintiff desires the Defendant be ordered to refrain from any physical
contact with her.
9. The Plaintiff desires the Defendant be ordered to refrain from any
harassment of her.
10. The Plaintiff desires the Defendant be ordered to stay away from the
residence at 530 South Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania,
for the duration of the Court's Order.
WHEREFORE, pursuant to the provisions of the Protection from Abuse Act, 23 Pa. C.S.A.
~6101 et seq., as amended, the Plaintiff prays this Honorable Court to grant a Temporary Order
requiring the Defendant to refrain from abusing the Plaintiff, or placing her in fear of abuse;
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