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HomeMy WebLinkAbout02-4939KELLY L. FAHENSTOCK, Plaintiff KEITH B. GREENWALD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY :'NO C~- TERM Name Hunter B. Greenwald COMPLAINT FOR CUSTODY The plaintiff, Kelly L. Fahenstock, by her attorneys, the Family Law Clinic, files this complaint for custody, requesting shared legal and primary physical custody o fHunter B.Greenwald, born December 10, 2001. In support of her complaint, plaintiffstates as follows: 1. The plaintiff is Kelly L. Fahenstock, currently residing at the Domestic Violence Shelter (undisclosed address), Carlisle, Cumberland County, Pennsylvania 17013. Plaintiff also receives mail at her father's residence: 2 West Penn, Apt. # 311, Carlisle, PA 17013. 2. The defendant is Keith B. Greenwald, residing at 9 Brenley Lane, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3. Plaintiff seeks custody of the following child: Present Residence Date of Birth Domestic Violence Shelter 12/10/01 (undisclosed address) Carlisle, PA 17013 The child was born out of wedlock. The child is presently in the custody of Kelly L. Fahenstock. During the past five years, the child has resided with the following persons and at the following addresses: Persons Kelly L. Fahenstock and Keith B. Greenwald Addresses 143 North West Street Carlisle, PA 17013 Dates December 2001 to January 2002 Kelly L. Fahenstock and Keith B. Greenwald Kelly L. Fahenstock and Keith B. Greenwald Kelly L. Fahenstock 85 West Main Street Newville, PA 17241 9 Brenley Lane, Mount Holly Springs, PA 17065 Domestic Violence Shelter (undisclosed address) Carlisle, PA 17013 Janruary 2002 to June 2002 July 2002 to September 2002 September 2002 to Present 4. The relationship of the Plaintiff to the child is that of mother. She is not married to Defendant. She currently resides with the following persons at the Domestic Violence Shelter: Name Hunter B. Greenwald Shelter Staff and Residents Relationship Son 5. The relationship of Defendant to the child is that of father. He is not married to Plaintiff. He currently resides with the following persons: Name Relationship Unknown 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or another 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 child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has been the primary caretaker of the child since birth; b) Plaintiff provides child with the necessary moral, emotional, and physical surroundings to meet the child's needs; c) Plaintiff continues to exercise parental duties on behalf of the child and enjoys the love and affection of the child; d) Plaintiff is willing to grant the father periods of partial custody in order for the child to develop a strong parent/child relationship with both parents. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, plaintiff requests the court to grant to her primary physical custody of the child. Date: JDouglas A.'Milienberger ' Certified Legal Intern LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 VERIHCATION 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 § 4904 relating to unswom falsification to authorities. Date: i -(~I~ /(~) ~)' Keil:5~.F~e(i.~to6k,-- ~ . KELLY L. FAHENSTOCK, Plaintiff KEITH B. GREENWALD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 02- CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Kelly L. Fahenstock, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing flee legal service to the party. Date Respectfully submitted, ~)oug~as A. Miltenberger Certified Legal Intern THOMA~v'IVI. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243 -2968 KELLY L. FAHENSTOCK, Plaintiff KEITH B. GREENWALD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : NO. 02-4939 CIVIL TERM CERTIFICATE OF SERVICE I, Douglas A. Miltenberger, hereby certify that I am serving a true and correct copy of the Custody Complaint on Keith B. Greenwald, residing at 9 Brenley Lane, Mount Holly Springs, PA 17065, by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by the Defendant on the 23rd day of October, 2002 as evidenced by his signature on the attached postal service tracking confirmation sheet. /JDoug'las A. Miltenberger Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 · Complete items 1, 2, ~ $. ~ camplete item 4 if Restricted Delive~ is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 2. Article Number PS Form 3811, August 2001 A. Signature. D. Is ~iv~ ~ d~t ~ ~ 1 ? ~ Y~s If YES, ent~ delive~ add~ ~low: y-lO Domestic Return Receipt 102595-01-M-0381 KELLY L. FAHENSTOCK PLAINTIFF Vo KEITH B. GREENWALD DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-4939 CIVIL ACTION LAW : IN CUSTODY .. ORDER OF COURT AND NOW, Wednesday, October 23, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 12, 2002 at 9:30 AM 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: /s/ lacaueline M. Vernew. Esa. ~ Custody Conciliator 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 attend the scheduled conference or heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATI'ORNEY 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 NOV ~ ~ Z00~ ~ KELLY L. FAHNESTOCK, Plaintiff Ve KEITH B. GREENWALD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : NO. 02-4939 CIVIL ACTION LAW : : IN CUSTODY : ORDER OF COURT AND NOW, this /q~"~ day of .'~~M../ , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. t/ ., of the Cumberland County Court House, onthe ~ dayof ,.~z~t-e-~ ,2003 at C); 30 O'clock, /~ . M., at which time testimony will be taken. F6~ purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Mother, Kelly L. Fahnestock, and the Father, Keith B. Greenwald, shall have shared legal custody of Hunter B. Greenwald, bom December 10, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 4. The parents shall have shared physical custody of the child on a week on/week off basis. The exchange day and time shall be Fridays at 7:30 p.m. Father's week shall begin November 15, 2002. 5. Transportation shall be shared as agreed by the parties. Th parties shall only transport the child in an approved car seat for the child's age and weight. 6. The parties shall share the Thanksgiving holiday such that Father shall have custody of the child from 8:00 a.m. to 2:00 p.m. and Mother shall have custody of the child from 2:00 p.m. to 8:00 p.m. 7. The parties shall altemate the Christmas holiday. Block A shall be from 12:00 noon Christmas Eve until 12:00 noon Christmas Day and Block B shall be from 12:00 noon Christmas Day to 12:00 noon December 26. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. 8. The parties shall share and altemate the Easter holiday from the hours of 8:00 a.m. to 2:00 p.m. and 2:00 p.m. to 8:00 p.m. with Father having the child in even numbered years from 8:00 a.m. to 2:00 p.m. and Mother having the child from 2:00 p.m. to 8:00 p.m. in even numbered years. 9. Father shall have custody of the child on Fatlher's Day and Mother shall have the child on Mother's Day at times agreed by the parties. 10. Each party shall have a block of time with the child on his birthday. 11. The parties shall provide 30 day notice to the: non-custodial parent in the event the child is to leave the Commonwealth of Pennsylvania. Along with notice, an address and telephone number where the child can be reached shall be provided. 12. The parties shall provide each other with a ctm'ent telephone number. 13. In the event either party is in need of babysil~ting services for longer than two hours during their period of custody, the custodial parent shall contact the other parent with the opportunity to provide care for the child befi)re arranging for a third party to care for the child. This provision shall only apply if the non-custodial parent is available to care for the child. 14. The parties shall keep each other advised imtnediately relative to any medical care or medical emergencies concerning the child ~nd shall further take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both parents shall have the right to visit the child as often as he/she desires consistent with the proper medical caxe of the child. 15. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this order shall control. BY THE COURT, [ cc',~ouglas A. Miltenberger, Certified Legal InI~~r'C' //~ Robert E. Rains, Esquire, Family Law Clinic/Counsel for Mother /Joan Carey, Esquire, Mid Penn Legal Services, Counsel for Father ) i- / q KELLY L. FAHNESTOCK, Plaintiff V. KEITH B. GREENWALD, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2002-4939 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Hunter B. Greenwald DATE OF BIRTH CURRENTLY IN CUSTODY OF December 10, 2001 Mother 2. A Conciliation Conference was held in this matter on November 12, 2002, with the following individuals in attendance: The Mother, Kelly L. Fahnestock, with her counsel, Douglas A. Miltemberger, Certified Legal Intem, Robert E. Rains, Esquire, Family Law Clinic and the Father, Keith B. Greenwald, with his counsel, Joan Carey, Esquire, Mid Penn Legal Services. 3. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody of the child. She claims Father leaves his home too cold for the child; that Father does not have an appropriate car seat for the child and does not dress the child properly. 4. Father's position on custody is as follows: Fatl~er seeks shared legal and primary physical custody of the child, but would agree to sh~red physical custody on a week on/week off basis. Father claims Mother has improperly withheld the child from Father. Father maintains that Mother does not have an appropriate car seat; that Mother has not provided Father with a telephone number where Mother can be reached, that Mother has refused to identify the child's day care provider and that the child had a severe burn recently when he saw the child. 5. The Conciliator recommends an Order in the form attached scheduling a Hearing and granting the parents shared legal and shared p]aYsical custody on a week on/week off basis. It is expected that the hearing will require one half day. Date eline M Vemey, _acq e_lin_e M. Esquire Custody Conciliator BRANDY W. SMITH, Plaintiff CHARLES L. CAROTHERS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : NO. 02-4939 CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this I-7 r~day of ~ece~,$e-c, 2002, between Brandy W. Smith, hereinafter mother, and Charles L. Carothers, Jr., hereinafter father, concerns the custody of their child: Donovan J. Carothers, bom January 3, 2002. Mother and father desire to enter into an agreement as to the custody of the child. Mother and father agree to the following: 1. The mother, Brandy W. Smith shall have s.91e legal and primary physical custody of Donovan J. Carothers. 2. Father may have periods of partial physical custody with the child, pursuant to mutual consent by both parties. In the absence of mutual consent, the terms of this Agreement shall control. 3. The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. ~'"-~'/Brandy ~. Smitl~ /,/Douglas A. Miltenberger Certified Legal Intern LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 DEC 8' 2 02 BRANDY W. SMITH, Plaintiff go CHARLES L. CAROTHERS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CWIL ACTION ~ LAW : IN CUSTODY : NO. 02-4939 CIVIL TERM ORDER OF COURT And now, this I ~ ~ day of Custody Agreement are entered as an Order of Court. 2002, the custody arrangements of the attached KELLY L. FAHNESTOCK, Plaintiff Vo KEITH B. GREENWALD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : : NO. 02-4939 CIVIL TERM PETITION FOR RULE TO SHOW CAUSE FOR LEAVE TO WITHDRAW Petitioner, The Family Law Clinic, hereby petitions for a rule to show cause for leave to withdraw from further representation of Kelly L. Fahnestock, pursuant to Pennsylvania Rule of Professional Conduct 1.16(b)(4) and (6), and Pa.R.C.P. 1012(b), and in support therefore avers the following: 1. The Family Law Clinic began its representation of Ms. Fahnestock on September 7, 2002. 2. On October 10, 2002, the Family Law Clinic file, d a Complaint on behalf of Ms. Fahnestock for custody of her son. 3. On November 12, 2002, the parties attended a custody conciliation. 4. An Order of Court was issued on November 19, 2002, granting Ms. Fahnestock shared legal and shared physical custody of her son. A custody hearing is scheduled for February 27, 2003. 5. Ms. Fahnestock consistently failed to abide by the legal advice given to her by the Family Law Clinic. 6. Ms. Fahnestock consistently failed to maintain contact with the Family Law Clinic. Clinc. 8. Ms. Fahnestock consistently failed to return telephone calls to the Family Law Ms. Fahnestock consistently failed to respond to correspondences from the Family Law Clinic. 9. Irreconcilable differences have arisen between the Family Law Clinic and Ms. Fahnestock which have made further representation of her unreasonably difficult. 10. Pursuant to C.C.R.P. 206(2), concurrence from opposing counsel was sought, by telephone, on January 2, 2003; no response was received at the time of filing. WHEREFORE, the Family Law Clinic requests a rule to show cause for leave to withdraw as counsel for Ms. Fahnestock in this matter. Respectfully Submitted, Date: JDougl~s A. Miltenberger Certified Legal Intern HOI~S )~. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Cra'lisle, PA 17013 717-243-2968 KELLY L. FAHNESTOCK, Plaintiff KEITH B. GREENWALD, Defendant · IN THE COURT OF COMM°N PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · IN CUSTODY · NO. 02-4939 CIVIL TERM ORDER AND NOW, this .day of ~_7~a~,~, zoo -2 , upon consideration of the foregoing petition, it is hereby ordered that (1) a role is issued upon the~tO show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within twenty days of service upon the respondent; (3) the petition shall be decided under Pa.R.C.P. No. 206.7; (4) depositions shall be completed within __ days of this date; _~ ir. (5) argument shall be held c~ .. . ~ounty Courthouse; ahd (6) notice of the entry of this order shall be provided to all parties by the petitioner· BY THE COURT: KELLY L. FAHNESTOCK, Plaintiff/Respondent Vo KEITH B. GREENWALD, Defendant/Petitioner :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 02-4939 CIVIL TERM :CUSTODY RULE TO SHOW CAUSE AND ORDER AND NOW, this /~ day of~~ 2003, upon consideration of the foregoing petition, it is hereby~6~dered that ( ' (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) a rule is returnable at a hearing/conference in Court Room number ~ on the . /~[ dayof ~(~/~/~ ,2003~ //;~r--~ BY THE COURT: Kevi~A. Hess, J. MidPenn Legal ServiceJ 8 Irvine Row Carlisle, PA 17013 Family Law Clinic Dickinson School of Law 45 North Pitt Street Carlisle, PA 17013 KELLY L. FAHNESTOCK, Plaintiff Vo KEITH B. GREENWALD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CWIL ACTION - LAW : IN CUSTODY : : NO. 02-4939 CWIL TERM CERTIFICATE OF SERVICE I, Douglas A. Miltenberger, hereby certify that I served a tree and correct copy of the Petition for Rule to Show Cause for Leave to Withdraw on Joan Carey, Esq., at Legal Services, 8 Irvine Row, Carlisle, PA 17013, by depositing a copy of the stone in the United States Mail, postage prepaid on the 14th day of January, 2003. Date .-"Douglas A. Miltenberger Certified Legal Intern FAMILY' LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 KELLY L. FAHNESTOCK, Plaintiff KEITH B. GREENWALD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CWIL ACTION - LAW : IN CUSTODY : : NO. 02-4939 CIVIL TERM CERTIFICATE OF SERVICE I, Douglas A. Miltenberger, hereby certify that I served a tree and correct copy of the Petition for Rule to Show Cause for Leave to Withdraw on Kelly Fahnestock, at 2 West Penn, Apt. # 311, Carlisle, PA 17013, by depositing a copy of the sa~me in the United States Mail, postage prepaid on the 2th day of January, 2003. /57///: Douglas A. Miltenberger Certified iLegal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 KELLY L. FAHNESTOCK, Plaintiff KEITH B. GREENWALD, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 02-4939 CIVIL TERM ORDER OF COURT AND NOW, this ! ~ ° day of t~a~¢a7 ,2003, upon consideration of the foregoing petition, it is hereby ordered that the Family Law Clinic is granted leave to withdraw from further representation of Kelly L. Fahnestock, as mandated by Rule 1.16(a) of the Pennsylvania Rules of Professional Conduct· BY THE COURT: A. Hess, J. KELLY L. FAHNESTOCK, Plaintiff KEITH B. GREENWALD, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · IN CUSTODY · NO. 02-4939 CIVIL TERM AMENDED PETITION TO WITHDRAW PURSUANT TO Pa.R.C.P. 1.16(a) Petitioner, the Family Law Clinic, hereby files this amended Petition to Withdraw from further representation of Kelly L. Fahnestock, pursuant to Pennsylvania Rule of Professional Conduct 1.16(a), and in support thereof, avers the following: 1. On January 2, 2003, the Family Law Clinic filed a Petition for Rule to Show Cause for Leave to Withdraw under Pa.R.C.P. 1.16(b)(4) and (6) and Pa.R.C.P. 1012(b), seeking discretionary withdrawal because of a breakdown of contact and relations with our client, Kelly L. Fahnestock. 2. On January 6, 2003, this Court entered an Order directing Ms. Fahnestock to respond to that petition within 20 days. 3. On January 13, 2003, the Family Law Clinic received a Petition for Contempt and Special Relief filed by Legal Services on behalf of Defendant. A hearing is scheduled for January 17, 2003. 4. On January 13, 2003, the Family Law Clinic forwarded to Ms. Fahnestock a copy of the Petition for Contempt and Special Relief. 5. On January 14, 2003, the undersigned certified legal intern of the Family Law Clinic spoke with Ms. Fahnestock on the telephone and notified her of the January 17, 2003 hearing. Ms. Fahnestock stated that she was unwilling to meet with the Clinic to discuss her case, that she intended to hire another attomey, and that she wished to discharge the Clinic from representing her in this case. 6. On January 14, 2003, Ms. Fahnestock discharged the Family Law Clinic, in writing, from representing her in this case. A copy of the Discharge is appended hereto as Petitioner's Exhibit A and is incorporated herein by reference. 7. Pursuant to C.C.R.P. 206(2), the undersigned legal intern sought concurrence from opposing counsel to this amended petition, by telephone, on January 15, 2003; opposing counsel did not concur. WHEREFORE, pursuant to Pa.R.C.P. 1.16(a), termination is mandatory, and the Family Law Clinic respectfully requests to withdraw from this case. Respectfully Submitted, .... "ouglas A. Miltenberger Certified Legal Intern THOMAS M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 KELLY L. FAHNESTOCK, Plaintiff KEITH B. GREENWALD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : : NO. 02-4939 CIVIL TERM DISCHARGE I, Kelly L. Fahnestock, discharge the Family Law Clinic from representing me as my attorney in this case. Date l~y L.~ahnestock Petitioner's Exhibit A KELLY L. FAHNESTOCK, Plaintiff KEITH B. GREENWALD, Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW · IN CUSTODY · NO. 024939 CIVIL TERM CERTIFICATE OF SERVICE c~ c'~: I, Douglas A. Miltenberger, hereby certify that I served a tree and correct cot~'bf th~2 cq ;: c. Amended Petition Withdraw Pursuant To Pa.R.C.P. 1.16(a) on Joan Carey, Esq., al~gegal Services, 8 Irvine Row, Carlisle, PA 17013, by depositing a copy of the same in tl~'~.nitedT. States Mail, postage prepaid on the 15t~ day of January, 2003· Date -' 'Douglhs A. Miltenberger Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 KELLY L. FAHN~STOCK, Plaintiff KEITH B. GREENWALD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : : NO. 02-4939 CIVIL TERM CERTIFICATE OF SERVICE I, Douglas A. Miltenberger, hereby certify that I served a tree and correct copy of the Amended Petition Withdraw Pursuant To PaR.CP. 1.16(a) on Kelly Fahnestock, at 2 West Penn, Apt. # 311, Carlisle, PA 17013, by depositing a copy of the same in the United States Mail, postage prepaid on the 15th day of January, 2003. Date DoUglas A. Miltenberger Certified Legal Intem FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 2003 KELLY L. FAHNESTOCK, Plaintiff/Respondent KEITH B. GREENWALD, Defendant/Petitioner :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 02-4939 CIVIL TERM :CUSTODY TEMPORARY ORDER OF CO'URT AND NOW, this ~ ' day of ,~- ~,*,,-,~, --- .' ~ , ~uu3, upon consideration of the Petition for Contempt and Special/~eli'e-f~ tl~ following order is entered regarding the custody of Hunter B. Greenwald, bom December 10, 2001: 1.) Defendant, Keith B. Greenwald, hereinafter referred to as the father, shall have primary physical and legal custody, with Plaintiff having physical custody every other weekend· 2.) The police are directed to enforce this order. 3.) This order shall remain in effect pending further order of the Court after Ccnz~!~at~cn Ccnf:,r~nc~. ~ MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Family Law Clinic Dickinson School of Law 45 North Pitt Street Carlisle, PA 17013 BY THE COURT: / ,~A. Hess, J. or'- KELLY L. FAHNESTOCK PLAINTIFF KEITH GREENWALD DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4939 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, January 17, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 18, 2003 at 8:30 AM 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 t~rnish 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: /s/ Jacqueline M. Verney. Esq. Custody Conciliator 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 attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY 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 KELLY L. FAHNESTOCK, Plaintiff V. KEITH GREENWALD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4939 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 18th day of February, 2003, the Conciliator being notified that the contempt issues have been resolved, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Jacqfi~line M. Vemey, Esq uire, Cust~(~y Conciliator COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KELLY L. FAHNESTOCK, Plaintiff Ve KEITH GREENWALD, Defendant : No. 02-4939 Civil : : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Keith Greenwald, Defendant, to proceed in forma pauperis: I, Margaret M. Simok, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Margar~ M. Simok, Attorney for Defendant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 KELLY L. FAHHNESTOCK, Plaintiff VS. KEITH GREENWALD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4939 CIVIL CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this 2. 7' day of February, 2003, this matter having been called for a hearing, the order of this court of January 17, 2003, is CONFIRMED, and primary physical and legal custody of the child, Hunter B. Greenwald, bom December 10, 2001, shall be in the father, Keith B. Greenwald. The plaintiff shall have partial custody every other weekend from Friday at 6:30 p.m. until Sunday at 6:30 p.m., and at such other times as the parties shall agree· The parent receiving the child shall be responsible to pick up the child. BY THE COURT, Kelly L. Fahnestock 651 Alexander Spring Road Carlisle, PA 17013 Margaret M. Simok, Esquire For the Defendant ~,~A. Hess, J. :rlm