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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
MARCY E. KENNEDY,
Plaintiff
v.
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ALLEN R. KENNEDY,
Defendant
: IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Complaint, it is
hereby directed that the s::.arties and their respective counsel
ap ear before {)""NN {. v.....dA'( ?'.'{. ,the Conciliator, at
N If,{ 41 AJ $ ~ ,S "" / on the \3t:.h day
of , 2000, at \ ),.OD .m., 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. Failure to appear at the Conference
may provide grounds for entry of a temporary or permanent Order.
BY THE COURT:
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Custody concilia or (-vt)
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER 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 LIBE~TY AVENUE
CARLISLE. PA 17013
(717) 249-3166
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AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by
law to comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable
accommodations available to disabled individuals having business
before the Court, please contact the office set forth above. 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.
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IN THE COURT OF COMMON PLEAS OF COMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MARCY E. KENNEDY.
Plaintiff
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v.
NO. Ov 2'13"1 0..Uu. T~
ALLEN R. KENNEDY,
Defendant
:
IN CUSTODY
COMPLAINT FOR CUSTODY
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AND NOW, this I g day of
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Plaintiff, MARCY E. KENNEDY, by and through her attorney, Maryann
1. The Plaintiff is MARCY E. KENNEDY whose current address
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Murphy, Esquire, of Legal Services, Inc., and respectfully files
this Complaint for Custody, and in support thereof avers as
follows:
is 228 Springfield Road, Newville, Cumberland County, Pennsylvania.
2. The Defendant is ALLEN R. KENNEDY whose current address
is 249 West North Street.
Carlisle,
Cumberland County,
Pennsylvania.
3. The Plaintiff seeks primary physical and legal custody of
the following children:
JOLIE KENNEDY, born July 10, 1987
TASHA KENNEDY, born March 17, 1989
and
EVAN KENNEDY, born November 2, 1990
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4. JOLIE was born out of wedlock; TASHA and EVAN were born
in wedlock.
5. Plaintiff currently resides with the minor children.
6. Defendant currently resides with a friend.
7. During the lifetime of the children, they have resided at
the following addresses with the following persons:
'l'ime
Address
With Whom
birth-9/87
Hanover, PA
Plaintiff/Defendant
9/87-1990
4 Coral Drive
Carlisle, PA
Plaintiff/Defendant
1990-12/27/99
228 Springfield Road
Newville, PA
Plaintiff/Defendant
12/27/99-present
228 Springfield Road
Newville, PA
Plaintiff
8. The father of the children is ALLEN R. KENNEDY. He is
married to Plaintiff.
9. The mother of the children is MARCY E. KENNEDY. She is
married to Defendant.
10. 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 any other Court, except as set forth
above.
11. The Plaintiff has no information of a custody proceeding
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concerning the children pending in a Court of this Commonwealth or
in any other State.
12. 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 children.
13. Each parent whose parental rights to the children have
not been terminated, and the persons who have physical custody of
the children, have been named as parties to this action. There are
no other persons known to have or claim a right to custody or
visitation of the children and therefore, no further notice of the
pendency of this action and the right to intervene shall be given,
other than to the parties named herein.
14. The best interest and permanent welfare of the minor
children will be served by granting plaintiff primary physical and
legal custody of JOLIE, TASHA and EVAN.
WHEREFORE, Plaintiff requests this Honorable Court to
grant her primary physical and legal custody of the minor children.
Respectfully submitted,
Maryann urphy,
Legal Services,
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
I.D. # 61900
Attorney for Plaintiff
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VERIFICATION
I, MARCY E. KENNEDY, verify that the statements made in the
foregoing Custody 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 unsworn falsification to authorities.
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MARCY E. NNEDY ~ - Q
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MARCY E. KENNEDY,
Plaintiff
v.
: NO.
:
ALLEN R. KENNEDY,
Defendant
.
.
IN CUSTODY
CERTIFICATE OF SERVICE
I, Maryann Murphy, Esquire, do hereby certify that on the
day of
2000 I served a true and correct copy
of the foregoing Complaint in Custody on the Defendant, ALLEN R.
KENNEDY at the address set forth below, by placing a copy of same
in the United States Mail, postage prepaid, certified/restricted
delivery.
Allen R. Kennedy
249 West North Street
Carlisle, PA 17013
Maryann Murphy,
Legal Services,
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
I.D. # 61900
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
MARCY E. KENNEDY,
Plaintiff
: NO. IH_ ;;1.'139 CWd J.t.--
v.
: IN CUSTODY
ALLEN R. KENNEDY,
Defendant
PRAECIPE TO PROCEED IN FORMA PAUPERIS
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To the Prothonotary:
Kindly allow, MARCY E. KENNEDY, Plaintiff, to proceed in forma pauperis.
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I, Maryann Murphy, Esquire, of Legal Services, Inc., attorney for the party
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I am providing free legal services to the party. The party's affidavit showing inability to pay
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proceeding in forma pauDeris, certify that I believe the party is unable to pay the costs and that
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Maryann urphy, Esquire
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
I.D. # 61900
Attorney for Plaintiff
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the costs of litigation is attached hereto.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MARCY E. KENNEDY,
Plaintiff
: NO. tJ-v - ;l)J,YI ~ %-.
v.
: IN CUSTODY
ALLEN R, KENNEDY,
Defendant
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am MARCY E. KENNEDY, Plaintiff in the above matter and because of my
financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing
the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to
pay the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and
costs is true and correct.
(a) Name: MARCY E. KENNEDY
Address: 228 Springfield Road. Newville. PA 17241
(b) Social Security Number: 211-44-3935
If you are presently employed, state
Employer: Carlisle Hospital
Address: Carlisle. PA
Salary or wages per month:
$1.667.00
Type of work: Secretary
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If you are presently unemployed, state N/A
Date oflast employment: N/A
Salary or wages per month: N/A
Type of work: N/A
(c) Other income within the past twelve months
Business or profession: -0-
Other self-employment: -0-
Interest: -0-
Dividends: -0-
Pension and annuities: -0-
Social Security benefits: -0-
Support payments: $437.00
Disability payments: -0-
Unemployment compensation and
supplemental benefits: -0-
Workman's compensation: -0-
Public Assistance: -0-
Other: -0-
(d) Other contributions to household support
(Wife)(Husband) Name:
N / A (the Darties are seDarated)
If your (husband) (wife) is employed, state
Employer: N/A
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Salary or wages per month: N/A
Type of work: N/A
Contributions from children: -0-
(e) Property owned
Cash: $10.00
Checking Account: $100.00
Savings Account:
Certificates of Deposit: -o-
Real Estate (including home): no equitv - rural housing
Motor vehicle: Make Ford Escort Year 1991
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Amount owed $2.000.00
Cost $7.000.00
Stocks; bonds: -0-
Other: -0-
(t) Debts and obligations
Mortgage:
Rent:
Currently $520.00
-0-
Loans: Total balance - approximately $10.000.00
Monthly Expenses: $1.410.00
(g) Persons dependent upon you for support
(Wife) (Husband) Name: N/A
Children, if any:
Name: Jolie Age: 12
Name: Tasha Age: 11
Name: Evan Age: 9
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4. I understand that I have a continuing obligation to inform the court of improvement
in my financial circumstances which would permit me to pay the costs incurred herein.
5. I verifY that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to
unsworn falsification to authorities.
Date: L\;\ \::)\ C"\ nJ
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MARCY KENNEDY CJ
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MARCY E. KENNEDY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
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vs. : NO. 00-2439 CIVIL TERM
.
.
ALLEN R. KENNEDY, : CIVIL ACTION - LAW
Defendant . IN CUSTODY
.
ORDER OF COORT
AND tiDIJ, this ~'- day of
consideration of the attached Custody
and directed as follows:
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Conciliation Report,
, 2000, upon
it is ordered
1. The Mother, Marcy E. Kennedy, and the Father, Allen R. Kennedy,
shall have shared legal custody of Jolie Kennedy, born July 10, 1987, Tasha
Kennedy, born March 17, 1989, and Evan Kennedy, born November 2, 1990.
Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the
Children's general well-being including, but not limited to, all decisions
regarding their health, education and religion.
2. The Mother shall have primary physical custody of the Children.
3. The Father shall have partial physical custody of the Children on
alternating weekends on both Saturday and Sunday from 10:00 a.m. until 5:00
p.m., beginning Saturday, June 24, 2000. The Father shall have custody of
the Children on Father's Day, Sunday, June 18, 2000 from 10:00 a.m. until
5:00 p.m.
4. The parties shall engage in a course of counseling with Michael
Cline, at Tressler Lutheran Services or other professional selected by
agreement of the parties. The purpose of the counseling shall be to
address the concerns of both parties with respect to custody arrangements
which are in the best interests of the Children and to assist the parties
in improving communications. Both parties shall be responsible to pay any
costs of counseling, which are not reimbursed by insurance, in proportion
to their respective incomes. The parties shall follow the recommendations
of the counselor with respect to the frequency and duration of the
counseling sessions.
5. The Father shall not use illegal drugs or consume alcohol during
his periods of custody with the Children. The Father shall ensure that
third parties who have contact with the Children comply with this
provision.
6. Unless agreed otherwise by the parties, the Father shall be
responsible to provide transportation for all exchanges of custody.
7. The parties and counsel shall attend a second Custody Conciliation
Conference in the office of the Conciliator, Dawn S. Sunday, Esquire, on
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August 2, 2000, at 1:00 p.m.
8. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. 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.
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BY THE COURT,
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cc: Maryann Murphy, Esquire - Counsel for Mother
Allen R. Kennedy, Father
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MARCY E. KENNEDY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 00-2439 CIVIL TERM
:
ALLEN R. KENNEDY, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
CUS'lOOY CCliICILIATIClIl SUMMARY REl'ORT
IN ACCCIIDANCE WITH CUMBERLAND COONTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
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1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME
DATE OF BIRTH
CURREN'l'Ly IN CUS'lOOY OF
Jolie Kennedy
Tasha Kennedy
Evan Kennedy
July 10, 1987
March 17, 1989
November 2, 1990
Mother
Mother
Mother
2. A Conciliation Conference was held on June 13, 2000, with the
following individuals in attendance: The Mother, Marcy E. Kennedy, with
her counsel, Maryann Murphy, Esquire, and the Father, Allen R. Kennedy, who
is not represented by counsel in this matter.
3. The parties agreed to entry of an Order in the form as attached.
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Date
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Dawn S. Sunday, Esquire
Custody Conciliator
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MARCY E. KENNEDY,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COlJNTY, PENNSYLVANIA
:
:
vs.
: NO. 00-2439
CIVIL TERM
.
.
: CIVIL ACTION - LAW
ALLEN R. KENNEDY,
Defendant
.
.
: IN CUSTODY
ORDER OF COURT
AND NCW, this 1st day of August, 2000, the Conciliator, being
advised by Plaintiff's counsel that all custody issues have been resolved
by agreement of the parties, hereby relinquishes jurisdiction in this case.
The Custody Conciliation COnference scheduled for August 2, 2000, is
canceled.
FOR THE COURT,
fl._d. ~
Dawn S. Sunday, Esquire -
Custody Conciliator
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