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HomeMy WebLinkAbout00-03629JUDITH A. MORNINGSTAR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN F. KELLY 2000-3629 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 19th day of June , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeHubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 27th day of July 2000, at9:30 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. FOR THE COURT, By. /s/ Hubert X Gilro- y, 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 1 I '.?Ct 1 h am o? aal P:MBS\DATAFHMGmdx.=\10083-r .1/tde Cmaz d: 06/14/00 03:07:28 PM Revised 00115/0008:54MAM 10083.1 JUDITH A. MORNINGSTAR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000- 3&aQ CIVIL ACTION LAW JOHN F. KELLY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , ,upon consideration oftheattached Complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of , , at in. 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. FOR THE COURT, By: Custody Conciliator 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 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 JUDITH A. MORNINGSTAR, Plaintiff V. JOHN F. KELLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- 3Ga21 CIVIL ACTION LAW IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY 1. Plaintiff is Judith A. Morningstar, an adult individual currently residing at 1399 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is John F. Kelly, an adult individual currently residing at 4714 Ruth Ann Street, Harrisburg, Dauphin County, Pennsylvania 17109. 3. Plaintiff seeks custody of three children who were born in wedlock: Ryan Scott Kelly, born 3/13/83 Derek Lee Kelly, born 5/2/86 Caitlin Marie Kelly, born 4/13/92 Since their birth, the child have resided with the following persons at the following addresses for the following periods of time: Ryan, Derek and Caitlin resided with the parties until they divorced in 1994. Since that time, the children resided with Plaintiff, her husband, his daughter, and ultimately their daughter together. Since February 2000, Ryan has been living with his paternal grandmother, Jane Kelly. 4. The relationship of the Plaintiff to the children is that of mother. She is married and living separately. The Plaintiff currently resides with the following: Name Relation "hi David Yount Husband Derek Lee Kelly Son Caitlin Marie Kelly Daughter Rachel Katherine Yount Step-daughter Hannah Elizabeth Yount Daughter 5. The relationship of the Defendant to the children is that of father. He is married and living separately. The Defendant currently resides with person or persons presently unknown by Plaintiff. 6. The parties have not participated in previous litigation concerning the custody of the children in this court or any court. The Plaintiff has no information of a custody proceeding concerning the children pending in any other court. The best interest and permanent welfare of the children will be served by granting custody to Plaintiff because: Plaintiff is best able to provide a stable and nurturing environment for the children. 8. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant her the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON DEARDORFF WILLIAMS & OTTO By 4" Thomas J. Wil Esquire Ten East High Iftfeet Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: June 15, 2000 VERIFICATION The foregoing Custody Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. gdiAthtMomingstar swam Mimi* rr?r"r? L- -- CC- :C. _, ? l P:\F?.ES\DATAER.E\Gmdocatrr\10083-aec.1/ de Created: 06/14100 032812 PM Revised: 06/14/0003:31:10 PM JUDITH A. MORNINGSTAR, Plaintiff V. JOHN F. KELLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-31.A9 CIVIL ACTION LAW IN CUSTODY ATTORNEY'S ACCEPTANCE OF SERVICE I, Sanford A. Krevsky, Esquire, attorney for Defendant John F. Kelly in the above-captioned action, hereby accept service of the Custody Complaint in the above action on June 2000 on his behalf and certify that I am authorized to do so. Sanford A. Krevs ty, squire .. m w Whim c> C? o AN 2 < 2900 JUDITH A. MORNINGSTAR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000-3629 CIVIL ACTION LAW JOHN F. KELLY, : IN CUSTODY Defendant NOTICE TO PLEAD TO: JUDITH A. MORNINGSTAR c/o Thomas J. Williams MARTSON, DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgement may be entered against you. Date: '7/-.3 ) 0-0 Sanford A. I sky, Esquire Attorney for Defendant 1101 North Front Street Harrisburg, PA 17102 (717)234-4583 JUDITH A. MORNINGSTAR, Plaintiff V. JOHN F. KELLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3629 CIVIL ACTION LAW IN CUSTODY DEFENDANT'S ANSWER AND NEW MATTER TO CUSTODY COMPLAINT AND NOW, this `'i $day of 3aI 2000 comes Defendant by and through his counsel, Sanford A. Krevsky, Esquire, and offers the following response to Plaintiff's Complaint as follows: Admitted. 2. Admitted. Admitted. 4. Admitted. Admitted in part. Denied in part. It is admitted that the relationship of the Defendant to the children is that of father. It is further admitted that Defendant is married and living separately. It is denied that Defendant currently resides with person or persons presently unknown by Plaintiff as he is living with his wife, Diane K. Kelly and their daughter, Shannon N. Kelly. 6. Admitted. 7. Denied. Strict proof at trial is hereby demanded. It is averred that custody with Father would be in the best interest of the children. 8. Admitted. NEW MATTER 9. The Answers to paragraph 1 - 8 are incorporated by reference. 10. Subject child, Ryan S. Kelly (17) has been living with his paternal Grandmother, Jane K. Kelly. 11. Subject child, Derek L. Kelly (14) wants to live with his Father. WHEREFORE, Defendant requests Your Honorable Court to pursuant to the Custody Act, 23 Pa.C.S. Section 5301, et seq., Defendant requests the Court to grant him custody of the subject children. Respectfully submitted, KREVSKY & ROSEN, P.C. ?M? Sanford A. v ky, Esquire 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 Atty. I.D. No. 15560 JUDITH A. MORNINGSTAR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000-3629 CIVIL ACTION LAW JOHN F. KELLY, : IN CUSTODY Defendant VERIFICATION I, JOHN F. KELLY, hereby verify that the information contained in the foregoing Answer and New Matter is true and correct to the best of our knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to sworn falsification to authorities. DATE: -2-9- 00 N KELLY JUDITH A. MORNINGSTAR, Plaintiff V. JOHN F. KELLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3629 CIVIL ACTION LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this o°I day of 2000' I, Lisa A. Rice, for the Law Firm of Krevsky & Rosen, P.C., attorn s for Defendant JOHN F. KELLY, hereby certify that I have this day served a copy of the Answer and New Matter in the above-captioned matter via First Class U.S. Mail on the following: JUDITH A. MORNINGSTAR c/o Thomas J. Williams MARTSON, DEARDORF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Lisa A. Rice 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 AU610 aRo JUDITH A. MORNINGSTAR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW JOHN F. KELLY, NO. 2000 - 3629 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this --1- day of August, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Father, John F. Kelly, and the Mother, Judith A. Morningstar, shall enjoy shared legal custody Ryan Scott Kelly, born March 13, 1983; Derek Lee Kelly, born May 2, 1986; and Caitlin Marie Kelly, born April 13, 1992. 2. During the school year, Mother shall enjoy primary physical custody of the minor children. During the summer months, Father shall enjoy primary physical custody of the minor children. 3. During the school year, Father shall enjoy temporary custody with the minor children up to three (3) out of four (4) weekends. For two weekends, Mother shall handle transportation for exchange of custody. On the third weekend, the Father shall handle transportation. The parties shall work between themselves with respect to scheduling these weekends and arranging the transportation. 4. During the summer months, Mother shall enjoy temporary custody with the minor children on alternating weekends under a schedule as worked out between the parties as far as exchange of custody. Additionally, Mother shall also enjoy her normal summer vacation with the minor children for a period of one (1) week. 5. During the school year when the children have a Monday or Friday off school because of a vacation day or in-service day, Father shall have the option of exercising extended custody on those weekends to include that Friday or Monday. 6. The parties shall alternate major holidays. Father shall always have Thanksgiving from Wednesday after school until Sunday evening. Over the Christmas holiday, Father shall always have the majority of the Christmas holiday to include at a minimum from late Christmas Day through the day before the kids go back to school. The Easter holiday shall be enjoyed by Father from when the children get out from school until Noon on Easter Sunday when the children shall be returned back to Mother. The Mother shall always have custody of the children on Mother's Day weekend and the Father shall always have custody of the children on Father's Day weekend. This provision shall supercede any other provision of this Order. 8. Both parents shall enjoy reasonable telephone contact with the minor children when they are in the custody of the other parent. 9. Both parents shall have the ability to obtain information from physicians, and school districts and other pertinent information concerning the children and such agencies or physicians are hereby authorized pursuant to this Order to provide information directly to both parents. Additionally, both parents shall keep the other parent informed with respect to all matters relating to educational, social, athletic and medical matters pertaining to the minor children. 10. Both parents shall keep the other parent advised with respect to their telephone numbers and addresses. In addition, in the event either party leaves the area of their home with the minor children for a period exceeding one overnight, they shall let the other parent know where they will be staying and provide a phone number. Additionally, both parents shall keep the other parent advised with respect to any daycare arrangements or childcare services that are being provided for the children and provide the non- custodial parent with the name of the person providing such services and, if it is an entity outside of the home, the address and phone number of that child service entity. 11. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled for a Conference with the Custody Conciliator. -- \, / BY THE Edgar B. Bayley cc: Sanford A. Krevsky, Esquire Thomas J. Williams, Esquire C ?? o0 6e ??. l,, y Lu v a e.? JUDITH A. MORNINGSTAR, Plaintiff v JOHN F. KELLY, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 3629 CIVIL 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 children who are the subject of this litigation is as follows: Ryan Scott Kelly, born March 13, 1983; Derek Lee Kelly, born May 2, 1986; and Caitlin Mane Kelly, born April 13, 1992. 2. A Conciliation Conference was held on August 4, 2000, with the following individuals in attendance: The Mother, Judith A. Morningstar, with her counsel, Thomas J. Williams, Esquire; and the Father, John F. Kelly, with his counsel, Sanford A. Krevsky, Esquire. 3. The parties agree to the entry of an order in the form as attached. 4 /TIC) ' DATE' Hubert X. Gilroy, Esq Custody Conciliator . JAN 2 6 ?.ri JUDITH A. MORNINGSTAR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW JOHN F. KELLY, NO. 2000 - 3629 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this 1-0 day of January, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of August 10, 2000 shall remain in effect subject to the following modifications: A. Telephone contact between the parties shall be limited to one phone call for arrangements of visitation pick up and delivery and the possibility of another follow-up phone call for confirmation purposes. Additional phone calls may be made in emergency situations. B. Neither parry shall use threatening, abusive or vulgar language towards the other party during discussions with respect to exchange of custody or other matters. Based upon the stated agreement of the parry's through their legal counsel, both parties are hereby given the authority to tape record conversations between the parties to ensure that this provision is adhered to. C. In situations where the Father's third weekend per month is not available because of scheduling conflicts of the Mother, Father shall be afforded a make up weekend the following month. hi the event Father does not exercise his third weekend per month at his own discretion, Father shall not be afforded a makeup weekend. Edgar B. cc: Thomas J. Williams, Esquire Sanford Krevsky, Esquire Cnp l izz, rn'a-i lzr c 1 ` G 9 Cam' G"s 4 -9 .d JUDITH A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v JOHN F. KELLY, Defendant Prior Judge: Edgar B. Bayley CIVIL ACTION - LAW NO. 2000 - 3629 CIVIL 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 Conciliator conducted a telephone conference with counsel for the parties and recommends the attached Order. ATE Hubert X. Gilroy, E: Custody Conciliator Nichole M. Staley O'Gorman, Esquire PA Atty. ID No. 79866 PURCELL, KRUG & HALLER 1719 N. Front Street Harrisburg, PA 17102 Telephone: (717)234-4178 Email: nstaley(cD-pkh.com JUDITH MORNINGSTAR, Plaintiff vs. JOHN F. KELLY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-3629 IN CUSTODY CIVIL ACTION - LAW PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Petitioner, John F. Kelly, by and through his attorneys, Purcell, Krug and Haller, and Petitions the Court as follows: 1. Petitioner is John F. Kelly, Jr., Defendant in the above captioned child custody action. 2. Respondent is Judith Morningstar, Plaintiff in the above captioned child custody action. 3. The parties are the parents of three children, two of whom are now emancipated adults. The remaining minor child is Caitlin M. Kelly, who is presently fifteen years of age. 4. On August 10, 2000, an Order of Court was entered for Custody, a true and correct copy of which is attached hereto as Exhibit "A". 5. Shortly thereafter, Mother moved to South Carolina. The parties have not since followed the existing Order, as it has been impossible to do so. 6. In the years that followed, Caitlin lived with Father primarily for a period of time and most recently lived with Mother in South Carolina. 7. Caitlin returned to her Father's custody in June, 2007 and desires to remain in her Father's custody in Pennsylvania. 8. Father believes and avers that it is in Caitlin's best interest to remain in his primary custody, and desires that This Honorable Court modify the Order accordingly. WHEREFORE, Petitioner requests that the Court modify the existing Order for Custody, awarding primary physical custody to Father, with periods of partial custody to Mother. PURCELL, KRUG & HALLER gy , NIF ole . Stal rm , Esquire Purcell, Krug & Haller' 1 X19 North Front Street Harrisburg, PA 17102 I.D. No. 79866 (717)234-4178 Date: ,' r 1?1 Attorney for Plaintiff AN 10 2000Y JUDITH A. MORNINGSTAR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW JOHN F. KELLY, NO. 2000 - 3629 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this 10 day of August, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. 1 -he Father, john F. Kelly, and the Mother, Judith A. Morningstar, shall enjoy shared legal custody Ryan Scott Kelly, born March 13, 1983; Derek Lee Kelly, born May 2, 1986; and Caitlin Marie Kelly, born April 13, 1992. 2. During the school year, Mother shall enjoy primary physical custody of the minor children. During the summer months, Father shall enjoy primary physical custody of the minor children. 3. During the school year, Father shall enjoy temporary custody with the minor children up to three (3) out of four (4) weekends. For two weekends, Mother shall handle transportation for exchange of custody. On the third weekend, the Father shall handle transportation. The parties shall work between themselves with respect to scheduling these weekends and arranging the transportation. 4. During the summer months, Mother shall enjoy temporary custody with the minor children on alternating weekends under a schedule as worked out between the parties as far as exchange of custody. Additionally, Mother shall also enjoy her normal summer vacation with the minor children for a period of one (1) week. 5. During the school year when the children have a Monday or Friday off school because of a vacation day or in-service day, Father shall have the option of exercising extended custody on those weekends to include that Friday or Monday. 6. The parties shall alternate major holidays. Father shall always have Thanksgiving from Wednesday after school until Sunday evening. Over the Christmas holiday, Father shall always have the majority of the Christmas holiday to include at a minimum from late Christmas Day through the day before the kids go back to school. The Easter holiday shall be enjoyed by Father from when the children get out from school until Noon on Easter Sunday when the children shall be returned back to Mother. 7. The Mother shall always have custody of the children on Mother's Day weekend and the Father shall always have custody of the children on Father's Day weekend. This provision shall supersede any other provision of this Order. 8. Both parents shall enjoy reasonable telephone contact with the minor children when they are in the custody of the other parent. 9. Both parents shall have the ability to obtain information from physicians, and school districts and other pertinent information concerning the children and such agencies or physicians are hereby authorized pursuant to this Order to provide information directly to both parents. Additionally, both parents shall keep the other parent informed with respect to all matters relating to educational, social, athletic and medical matters pertaining to the minor children. 10. Both parents shall keep the other parent advised with respect to their telephone numbers and addresses. In addition, in the event either party leaves the area of their home with the minor children for a period exceeding one overnight, they shall let the other parent know where they will be staying and provide a phone number. Additionally, both parents shall keep the other parent advised with respect to any daycare arrangements or childcare services that are being provided for the children and provide the non- custodial parent with the name of the person providing such services and, if it is an entity outside of the home, the address and phone number of that child service entity. 11. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that parry may petition the Court to have the case again scheduled for a Conference with the Custody Conciliator. BY THE COURT, 5 J. Edgar B. 56yley cc: Sanford A. Krevsky, Esquire Thomas J. Williams, Esquire In Testi;ro; y vih::r(^f, I I; re unto sit my hand and the seal of said Court ofi arlisle, Pa. This ??... y .... rothonotary JUDITH A. MORNINGSTAR, Plaintiff v JOHN F. KELLY, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000 - 3629 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-aCb), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Ryan Scott Kelly, born March 13, 1983; Derek Lee Kelly, born May 2, 1986; and Caitlin Marie Kelly, born April 13, 1992. 2. A Conciliation Conference was held on August 4, 2000, with the following individuals in attendance: The Mother, Judith A. Morningstar, with her counsel, Thomas J. Williams, Esquire; and the Father, John F. Kelly, with his counsel, Sanford A. Krevsky, Esquire. 3. The parties agree to the entry of an order in the form as attached. 4_ o o _" Lrr.T Hubert X. Gilroy, Esgl Custody Conciliator VERIFICATION I? John F. Kelly , Plaintiff in the within action, hereby verify that the facts contained in the foregoing Petition for --are true and correct to the best of my Modification of Custody Order knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE : CERTIFICATE OF SERVICE I, CATHI LEIGH MCADAMS, an employee of the law firm of Purcell, Krug & Haller, counsel for Plaintiff, hereby certify that service of the foregoing Petition for Modification of Custody Order, as made upon the following by Regular Mail, Postage Prepaid on o?oo to: Judith Morningstar 421 Mount Royall Drive Mount Pleasant, SC 29464 Cathi Leigh McAdams N r t o Q -n ^- - Fr, q ,a .: '47 7: T, -r't =- 4 J y rn JUDITH MORNINGSTAR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN F. KELLY DEFENDANT 2000-3629 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 15, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 11, 2007 at 9:00 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/ John j. Mangan, Jr., 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 h?p -7- jOr ,ii 1 f?tt y? 61 :0111 V S 1 5ITY L001 10 Pamela L. Purdy, Esquire Supreme Court I.D. #85783 308 N. 2"1 Street; Ste. 200 PO Box 11544 Harrisburg, PA 17108 PH: (717) 221-8303 FX: (717) 221-8403 plpurdy@verizon.net Attorney for Plaintiff JUDITH A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. JOHN F. KELLY, Defendant NO. 2000-3629 CIVIL IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW COMES Plaintiff, Judith A. Morningstar, by and through her attorney, Pamela L. Purdy, Esquire, and files this Petition for Emergency Relief, and in support thereof avers as follows: 1. Petitioner is Judith A. Morningstar ("Mother"), an adult individual who currently resides at 421 Mt. Royall Drive, Mt. Pleasant, South Carolina. 2. Respondent is John F. Kelly, Jr. ("Father"), an adult individual who currently resides at 4714 Ruthann Street, Harrisburg, Dauphin County, Pennsylvania. i 3. Petitioner and Respondent are the parents of Caitlin Marie Kelly born April 13, 1992. 4. On August 10, 2000, this Court entered a Custody Order granting Mother primary physical custody Caitlin during the school year, and Father physical custody of Caitlin during the summer. A true and correct copy of the Order of Court dated August 10, 2000 is attached hereto as Exhibit "A", and incorporated herein as if fully set forth. 5. Since 2003, Caitlin has attended school in South Carolina while in Mother's primary custody. 6. This summer the child resided in Harrisburg with Father pursuant to the Custody Order. 7. On July 17, 2007, Mother sent Diane Kelly, Father's wife, an email stating that school begins on August 21, 2007, that registration will be a week before the beginning of school, and that she would be in Pennsylvania for a class reunion the weekend of August 4, 2007, so that she would pick up Caitlin then. Stepmother confirmed that she would give the information to Father. A true and correct copy of the email dated July 17, 2007 is attached hereto as Exhibit "B" and incorporated herein as if fully set forth. 8. On July 24, 2007, Mother had a telephone conversation with Father during which she told Father that she intended to travel to Harrisburg on August 5, 2007 to retrieve daughter and return to South Carolina in order to prepare for the coming school year. 2 9. On July 26, 2007, Mother sent a letter to Father via DHL Express Mail confirming her plans to travel to Harrisburg on August 5, 2007 to pick up Caitlin. A true and correct copy of the letter and DHL waybill dated July 26, 2007 are attached hereto as Exhibit "C" and incorporated herein as if fully set forth. 10. On August 3, 2007, Father filed a Petition for Modification of Custody Order. 11. On August 5, 2007, when Mother arrived in Pennsylvania, she knocked on Father's door, but no one answered. 12. Mother called Father at home and on his cell phone, but he did not answer on either phone. 13. Mother called the Lower Paxton Township Police Department, who came to Father's home. A true and correct copy of the Lower Paxton Township Police Incident Investigation Report is attached hereto as Exhibit "D" and incorporated herein as if fully set forth. 14. Father answered the door when the police knocked on his door. 15. After speaking with Father, the police reported that Father had told his wife to take Caitlin and leave his home. 16. The police also told Mother that Father stated that he would be flying Caitlin back to South Carolina on the weekend of August 11, 2007. 3 17. Mother traveled back to South Carolina and waited for Caitlin to return the following weekend. 18. Father never contacted Mother with regard to the time or date as to Caitlin's flight back to South Carolina. 19. Caitlin was not returned to South Carolina on the weekend of August 11, 2007 as Father indicated he would to the Lower Paxton Police Department. 20. Mother tried to contact Father several times by calling him home and his cell phone to get the status of Caitlin's return, without any success. 21. On one last attempt, Father finally answered the phone and told Mother to stop calling him and to contact his lawyer if she wanted any further information. 22. On August 15, 2007, Mother spoke with Father's counsel, who told her that it was Father's desire to enroll Caitlin in school in Pennsylvania, but that she did not know what his intent was regarding returning Caitlin to South Carolina. 23. Mother informed Father's counsel that she was not agreeable to Father keeping custody of Caitlin and that Father needed to return Caitlin by today, August 17, 2007 so that Caitlin could enroll in school. 24. Father's counsel said that she would speak with Father regarding his intent to return Caitlin to South Carolina. 4 25. Mother has not heard from Father's counsel since August 15, 2007. 26. As stated above, Caitlin needed to be in South Carolina by today, August 17, 2007 so that she could enroll in school. 27. Caitlin's school year begins on Tuesday, August 21, 2007. 28. Caitlin has not yet been returned to South Carolina and Mother has been given no indication as to Father's plans to return her prior to the start of school on Tuesday. 29. This Court has scheduled a custody conciliation before John Mangan, Esquire for September 1], 2007. 30. Father is in violation of the parties' current custody order as he has failed to return Caitlin to Mother's custody prior to the time needed for Caitlin to register for the 2007-08 school year. WHEREFORE, Petitioner respectfully requests that the Court enter an Order requiring Father to return Caitlin to Mother's residence in South Carolina by Monday, August 20, 2007 at 12:00 P.M. Respectfully submitted, Pamela L. Purdy, Esquire Counsel for the Plaintiff Date: a 5 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 17th day of August, 2007, a true and correct copy of the foregoing document was served by facsimile upon the following: Nichole Staley O'Gorman, Esquire Purcell, Krug and Haller 1719 N Front St Harrisburg, PA 17102 1( MA amela L. Purdy 6 ` AUG-17-2007 13:53 From: V RIFICATION To:7172218403 P.1/1 I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons, Star. Ann. § 4904, relating to unsworn falsification to authorities. J th A. Morningstar Date: BI -7 D 7 7 1 v C,V??b,t A AUG-16-2007 12:25 From: To:7172218403 P.7/10 10 tMM4 A. MORNING STAR, : 1N T7M COURT OF COMMON PITAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V : CM, ACTION - LAW N0.2000 - 31;29 CIVIL JOHN F. KELLY, Defendant IN CUSTODY COURT ()BOER AND NOW, this 10 day of August, 200, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, John F. Kelly, and the Mother, .ludith A. Morningstar, shall enjoy shared legal custody Ryan Scott Kelly, born March 13, 1983: Derck Lee Kelly, bom May 2,1986; and Caitlin Marie Kelly, born April 13,1992. 2. During the school year, Mother shall enjoy primary physical custody of the minor children, During the summer months. Father shall enjoy primary physical custody of the minor children. During the school year, Father shall enjoy temporary custody with the minor children up to three (3) out of four (4) wockends. For two weekends, Mother shall handle transportation for exchange of custody. On the third weekend, the Father shall handle transportation. The parties shall work between themselves with respect to scheduling these weekends and arranging the transportation. 4. Dwing the summer months, Mother shall enjoy temporary custody with the minor children on alternating weekends under a schedule as worked out behvwn the parties as far as exchange of custody. Additionally, Mother shall also enjoy her normal summer vacatitm wfth the minor children fora period of one (1) week S. During the school year when the children have a Monday or Friday off school because of a vacation day or in seMce day, Father shall have the option of exercising extended custody on those weekends to include that Friday or Monday. 6. The parties shall alternate major holidays. Father shall always have Thanksgiving from Wednesday after school until Sunday evening. Over the Christmas holiday, Paiher shall always have the majority of the Christmas holiday to include at a minimum from late Christmas Day through the day before the kids go back to school. The Faster holiday shall be enjoyed by Father from when the children get out fmm school until Noon on FAster Sunday when the children shall be returned track to Mother. PLMNTtW8 a MiBiT f A AUG-16-2007 12:25 From: c To:7172218403 P.7/10 aIa' J LTD M4 A. MORNINGSTAR, iN THE COURT OF COMMON PLEAS OF Plainti ff CUMBERLAND COUNTY, PENNSYLVANIA V CIVTT, ACTION - LAW JOHN F. KELLY, : NO, 2000 - 3629 CIVIL Defendant IN CUSTODY a 1, 1 L) *• AND NOW, this day of August, '27000, upon consideration of the aliachad Custody Conciliation Rcport, it is orderol and directed as follows: i. The Father, John F. Kelly, and the Mother, Judith A. morningstar, shall enjoy spared legal custody Ryan Soott Kelly, bom March 13, 1983; Derck Lee Kelly, born May 2,1986; and Caitlin Marie Kelly, bon April 13,1992. 2. Diving the school year, Mother shall enjoy primacy physical custody of the minor children. During the summer months, Father shall enjoy primary physical custody of the minor children. 3. During the school year, Father shall enjoy teraporary custody with the minor children up to throe (3) out of four (4) wudkends. For No weekends, Mother shall handle transportation for excange of custody. On the third weekend, the Father shall handle transportation The parties shall work between themselves wide respect to sebeduling these weekends end arranging the transportation. 4. During the summer months, Mother shall enjoy temporary custody with the minor ebildmn on alternating weekends under a schedule as worked out behveen the parties as far as exchange of custody. Additionally. Mother shall also enjoy her normal summer vacation with the minor children for a period of one (1) week. 5. During tho school year when the children have a Monday or Friday off school because of a vacation day or in service day, Father shall have the option of exercising extewle l custody on those weekends to include that Friday or Monday. G. The parties shall alternate major holidays. Fattier shall always have Thanksgiving from Wednesday after school until Sunday evening. Over the Christ nas holiday, Father shall always have the majority of the Christmas holiday to include at a minimum from We Christmas Day through the day before the kids go back to school. The Faster holiday shall be enjoyed by Father from when the PhUdren get out from school until Noon on Faster Sunday when the children shall be returned bask to Mother. PLAIN Ews IeR it A r C)4k) ?J+ Q eAU( 17-2007 11:51 From: Message Judi Morningstar From: Kelly, Diane [dkelly@state.pa.u3j Sent: Tuesday, July 17, 20071:17 PM To: Judi Morningstar Subject: RE: Caitlin Sure, I'll pass it on. -----Original Message----- From: Judi Momingstar [mailto.judlObiackhawkktgistiics.wm] Sent: Tuesday, July 17, 20071:16 PM To: 'Kelly, Diane' Subject: Caitlin To:7172218403 P.6/10 Page 1 of 1 School starts 8/21, but registration is the week prior. Therefore, the latest that Caitlin can come back is the weekend of August 11. 1 will be in PA the weekend of August 4 for a class reunion and was planning on picking her up then. Besides, that'll give us a few weeks to get school shopping and such done. Could you please let John know and have him confirm? Thanks. Jodi Momin???t',?r C011ttYWer Blackbawk Logistics, LLC Blackhawk'1mnsport, LLC SRO I N. Rhett Ave., Fact. N. CharlLston, S(: 2940(; Ph: 843.554.7647, exl 1 ?8 I'x: 34,4,744.8355 NO viM found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.476 / Viru, Dalul)Hse: 269-10.8/A)4 - Releam Hate: 7/16/2007 5:42 PM No virus found in this incoming mcxsage. Checked by AVG Free Edition, Version: 7.5.476 / Virus Database: 269.10.$/904 - Rclcaw: Dale: 7/16/2007 5:42 PM 8/17/2007 t ?,?h?jojtC fAUG-4-17-2007 11:51 From: July 26, 2007 John F. Kelly, Jr. 4714 Ruth Ann St. Harrisburg, PA 171.09 John, To:7172218403 P.7/10 This letter is to confirm that, as 1 stated in our phone conversation on Tuesday, July 24, 2007, it is my intent to pick up Caitlin on Sunday, August 5, 2007 at approximately 10:00am. Further, I sent Caitlin a text message on July 247 2007 informing her of my intent as well. I would greatly appreciate it if her things were packed and that she be ready to go by that time. Caitlin starts school on Monday, August 20. I have been informejd by the school that she must be at the school sometime the week prior to register, pay fees and take care of other miscellaneous school issues. Further, we will need time to get her prepared for school; such as clothes and school supply shopping. As you ltnow, l will be in Harrisburg the weekend of August 4 to attend a class reunion. This, coupled with the reasons above, is why it is necessary to pick up Caitlin on that date. 'T'hank you for accommodating my schedule. I ho together. bet's discuss her next visit when you get the chance,h an enjoyable summer Sincerely, J i Morningstar AUG•-17-2007 11:51 From: s f Ll1l1L/J(./L To:7172218403 P.8/10 ?llr ,,VPI%'4'si/NuduAREOUI,{uatuu?45/wu:rMn-14p-aTgsgomH:saUq sluaUldho fiuipuod #A!A 4 13 iusuldw Mau a3ewo -iHO wim Dulddlya x4 noR muaq j. SKS•SW-ooe-t 110 Jo woo-esn-It1V'AM of oe aseald 'Dulkw1 jad GGAW d Oft a RUMM ul Faai OM puo obnVftd anal }a ASAM w# dopy ww ftoa ao a &nn dd0:X.L0Hd.L0N 00 --------•?--- dia4ul?n??oplo?aseeld __?._..-.,_--.??? r° (yj7 ° ak e .. now MENNEN 0 03 MEMNON i??"? - r P - ii d r WES I 116 F I a F Jo l 22Rd WgAvM )uud :auaurdtgs atEdald :1FlQ ea Exk4l"+ .D AUG-17-2007 11:51 From: ....P,ug. 6. 2007- 2:C1P M..,_.lcver Paxton Townsl•ip Police LOWER PAXTON TOWNSHIP POLICE OR1; PA022MOO To:7172218403 P.9/10 Vci 7 71.P. 1M1dK4 btve ion Report - 2OOTOBOvM0016 O, Irtciderlt Dab Class (UM) Code: 3602 COST= Comple?a Crimes Code! Title: 0 Date/Time Reported: 08/05/2007 Sunday 10:10 Discovered Date/Time: Last Known Secure : TIME Received: 10:10 / Dispatched: 10:10 / Arrived: 10:15 / Cleared: 10:30 Badge: 44 - OFC ZACHARY FEHRENnACH Location: 4714 RUTH ANN ST - HARRISBURG Landmark: Patrol Zone: 3 - SOUTHWEST Premise Type: OTHER RESIDENCE - ATNGLE FAMILY DW8LLINo BIAS: 88 NONE (NO BIAS) M: Weapon/rools: Additional weapon: LOWER PAVON TOWNSHEP POLICE DF.,pARTMEN-f 425 Prime Street, HarrisUury, PA 17109 Zachary Fein-erll)a(:11, #1 l ltdice Officer 0-, (717) 657-5&% T: (717) 635-2610 Dispatch: (717),5,58-6900 CipShlus:NON CI?iMINAL-CIOSED Pop: `GOa Di:wIN011: i i I 1 ) ) r i r I ol? C7 ra 4l ?r: AUG 17 2007,K JUDITH A. MORNINGSTAR, Plaintiff V. JOHN F. KELLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-3629 CIVIL IN CUSTODY ORDER AND NOW, this day of August, 2007, upon consideration of Plaintiffs Petition for Emergency Relief, it is hereby ORDERED that Defendant return the minor child to Plaintiffs custody by 12:00 P.M. on Monday, August 17, 2007. BY THE COURT Distribution: Pamela L.Purdy, Esquire 308 N. Second Street, Suite 200 Harrisburg, PA 17101 717-221-8403 (facsimile) r,oDy ka.?G dl. 'da'y ?? // 8?1y -d7 AL Nicole M. Staley O'Gorman, Esquire Purcell Krug & Haller 1719 N. Front Street ? ?,r1 Harrisburg, PA 17102 Goy A1.??'^ 717-233-1149 (facsimme) b9? t L ; -C Wld L I `P,V L IZ 3"HI ?O sEP 11 2007F/ JUDITH MORNINGSTAR Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2000-3629 Civil Term JOHN F. KELLY Defendant : ACTION IN CUSTODY Prior Judge: Edgar 9. Bayley, P.J. COURT ORDER AND NOW, this _AL?day of September, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This Order is entered pursuant to a Custody Concili on Conference. A Custody Hearing is hereby scheduled on the t0t%? day of jjfp6q6t 2007 at am/Pm in Courtroom number _a in the Cumberland County Court of Common Pietas; Carlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Father 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. The prior Oder of Court dated August 10, 2000 shall remain in full force and effect. It is specifically noted that circumstances, specifically that Mother and Child have moved: to South Carolina subsequent to the 2000 Order, have changed and that the terms of the 2000 Order shall be liberally construed so that the best interest of Caitlin Kelly are considered. 3. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. 4. Counsel for the parties are directed and allowed to request this matter to be removed from the scheduled hearing date if appropriate and re-sc the assigned Conciliator. THE Cc: ,)Hchole M. Staley O'Gorman, Esquire ? ela Purdy, Esquire ,John J. Mangan, Esquire J. b a, 8Z ?E I t d 1 JUDITH MORNINGSTAR Plaintiff V. JOHN F. KELLY 11 Defendant Prior Judger Edgar B: Bayley, P.J. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2000-3629 Civil Term : ACTION IN CUSTODY CONCELIATION 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: The pertinent information pertaining to the child who is the subject of this litigation.is as follows: ` . Name . Date of Birth Currently in the Custody of Caitlin M. Kelly 4/13/92 Mother 2. A Conciliation Conference update was held on September 11, 2007 with the following individuals participating: The Father, John Kelly, with his counsel, Nichole M. Staley O'Gorman, Esquire The Mother, Judith Morningstar, with her counsel, Pamela Purdy, Esquire. 3. There exists a prior Order of Court dated August 10, 2000 whereby Mother has primary physical custody of the subject Child during the school year. During the summer months, Father has primary physical custody of the subject Child. During the school year, Father has physical custody of the Child three out of four weekends. 4. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody of the minor Child. Father and Mother both agree that circumstances have changed since the 2000 Order regarding custody and that the parties have not strictly adhered to the terms of the Order. Father asserts that the minor Child resided with him primarily and attended school in his school district in 2001. In 2002, Mother moved to South Carolina and the Child has attended school in Mother's school district. Father has had custody of the minor Child in the summer months. After the summer vacation in 2007, Father desires Caitlin to attend school in his school district. Father alleges that Caitlin also desires to remain in Cumberland County for the school year. Father asserts that Caitlin has many friends here in Pennsylvania and her brother also resides in the area. Father is currently married, lives with his wife and daughter and is Hill time employed. Father 4 ' . -0 has adequate room in his residence to accommodate Caitlin. Father asserts that Mother has not complied with the 2000 Order regarding weekend visits with Caitlin. 5. Mother's, position is as follows: Mother seeks shared legal custody and primary physical custody of the minor Child. Father and Mother both agree that circumstances have changed since the 2000 Order regarding custody and that the parties have not strictly adhered to the terms of the Order. Mother asserts that the minor Child has resided with her primarily for at least the last five to six years and attended school in her school district since 2002. After the summer vacation in 2007, Mother had difficulty convincing Father to return Caitlin to South Carolina for school. Mother sought and was granted an emergency Order signal by Judge Oler on August 17, 2007 immediately returning Child to Mother's custody. Mother asserts that Caitlin's desire to remain in her Father"s school district is due to her meeting a boyfriend over the summer in 2007. Mother desires Caitlin to attend school in her school district. Mother lives with Caitlin's brother (now an adult) and has adequate room in her residence to continue to care for Caitlin. Mother is also employed full time. Mother asserts that it is an unreasonable financial burden for her to comply with the 2000 Order regarding Father's three weekends per month visits. Mother asserts that when the Order was entered, it was contemplated that Mother and Child would be in close proximity with Father. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing as soon as possible and leaving the 2000 Order of Court in full force and effect pending a Hearing on this matter. It is expected that the Hearing will require half a day. 7. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: September 11, 2007 J hn . Mangan, Esq us dy Conciliator Pamela L. Purdy, Esquire Supreme Court I.D. #85783 308 N. 2nd Street; Ste. 200 PO Box 1 1 544 Harrisburg, PA 17108 PH: (717) 221-8303 FX: (717) 221-8403 pipurdy@verizon.net Attorney for Plaintiff JUDITH A. MORNINGSTAR, Plaintiff V. JOHN F. KELLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2000-3629 CIVIL IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw the appearance of Thomas J. Williams, III as counsel for the Plaintiff, Judith A. Morningstar, and enter the appearance of Pamela L. Purdy on behalf of Plaintiff, Judith A. Morningstar, in the above matter. L'..' I *'A", Thomas J. W41liams, III, Esquire PA I.D. No. 10 E. High Street Carlisle, PA 17013-0249 (717) 243-3341 Dated: 11° l oz 10 -7 AA, Pamela L. Purdy PA ID No. 85783 308 N. 2°d St., Ste. 200 PO Box I 'l 544 Harrisburg, PA 17108 (717) 221-8303 Date: ?U ? . . _J CERTIFICATE OF SERVICE /71 ;A; , The undersigned hereby certifies that on the day of 2007 a true and correct copy of the foregoing document was served by first- class mail, postage prepaid, upon the following: Thomas J. Williams, III, Esquire Martson Law Offices 10 E. High Street Carlisle, PA 17013 Nichole M. Staley O'Gorman, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102-4178 Pamela L. Purdy Ca r-JF = -,4 Q -n M ? rn- - 1 C - cil -< JUDITH MORNINGSTAR, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-3629 JOHN F. KELLY IN CUSTODY Defendant CIVIL ACTION - LAW ORDER AND NOW, this ZED day of Qufv? , 2007, the attached Stipulation of the parties is entered as an Order of Court. This Order shall supercede all prior Orders entered in this matter. BY THE Edgar B. Bayley, P.J. Distribution: Nichole M. Staley O'Gorman, Esquire _i1'l19 North Front Street Harrisburg, PA 17102 ,,P'amela L. Purdy, Esquire 308 North Second Street, Suite 200 .? Harrisburg, PA 17101 Y ^ Y ^'7 ~ G} . f; } ` rte ..J +...^ °.. `; - ? t ? • k JUDITH MORNINGSTAR, Plaintiff vs. JOHN F. KELLY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3629 IN CUSTODY CIVIL ACTION - LAW STIPULATION FOR ENTRY OF AGREED CHILD CUSTODY ORDER AND NOW, come the parties to the above captioned action and enter into the following agreement with respect to the custody of Caitlin M. Kelly (DOB 4/13/92): 1. Father and Mother shall share legal custody. 2. Effective immediately, Father shall enjoy primary physical custody. Mother shall enjoy periods of partial physical custody as agreed by the parties. 3. The parties desire that this agreement be entered as an Order of Court superseding all prior Orders in this matter. OZMAala4) Lt)/? o 7 4d?44orningstar 61 Date hn elly Date Z ) -PPft-& . i4t? Pamela Purdy, Esquire JUDITH MORNINGSTAR, Plaintiff vs. JOHN F. KELLY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3629 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO SUBSTITUTE COUNSEL TO THE PROTHONOTARY: Please enter the appearance of Judith Morningstar, pro se, and withdraw the appearance of Pamela L. Purdy, Esquire, as counsel for the Plaintiff in the above captioned action. ith Morningstar, pro e 421 Mount Royall Road Mount Pleasant, SC 29464 (843) 214-5963 Date: I? l ( '- W ?J-- - -= - Pa ela L. Purdy, Esquire 308 North 2"d Street, Suite 0 P.O. Box 11544 Harrisburg, PA 17108 (717) 221-8303 Attorney I.D. #85783 Date: I I 1 ? v -tea