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JUN 06 1997tY
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RUTH KENNEDY,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
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SAMUEL KENNEDY,
Defendant
:CIVIL ACTION - LAW
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:NO: 97-1892 CIVIL TERM
: IN CUSTODY
~ COURT ORDER
AND NOW, this ~ day of ~ ' 1997,
consideration of the attached Custoay Conciliation Report,
ordered and directed as follows:
upon
it is
1. The Mother, Ruth Kennedy, and the Father, Samuel Kennedy,
shall enjoy shared legal custody of Tyler S. Kennedy, born
December 27, 1992, and Travis E. Kennedy, born March 27, 1994.
2. The Mother shall enjoy primary physical custody of the minor
children.
3. The Father shall enjoy periods of temporary physical custody
of the minor children as follows:
A. On every Sunday from noon until 3:00 p.m. and on every
Friday from 4:00 p.m. until 8:00 p.m. These periods of
temporary custody shall be supervised by the Mother, The
Father's periods of temporary custody shall be solely for
purposes of the Father enjoying time with the children.
4. In the hopes and anticipation that Father's periods of
temporary custody will be expanded and that, sometime in the
future, supervised visitation arrangements may be eliminated,
Father will enter into individual counselling for anger
management in general and in particular anger management
regarding the children. The counselling will be through an
agreed upon counselling center staffed with certified
therapists and mutually agreed upon by the parties and their
respective counsel. The counsellor will be provided with a
copy of this Custody Order. General information regarding the
Father's attendance, cooperation, progress and completion of
counselling will be available to both party's attorneys in the
form of a written report if requested by either party. The
Mother may verify Father's attendance at counselling.
5.
This Order is entered pursuant to an agreement reached by the
parties at a Custody Conciliation Conference. The parties do
not by agreeing to this Order waive any claims for custody or
unsupervised temporary custody and the parties reserve the
ability to make any requests to the Court in the event the
parties are unable to reach a permanent order on custody in
the future. Specifically, the Father's agreement to
supervised visitation at this time shall not be deemed to
prejudice the Father's ability at a Court hearing to suggest
that supervised visitation is unnecessary.
6. The parties shall meet with the Custody Conciliator again for
a conference on August 21, 1997, at 8:30 a.m.
:"'.
co:
Jan E. Terpening, Esquire
Stephen B. Lipson, Esquire
J.
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A'P.
RUTH KENNEDY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V
:CIVIL ACTION - LAW
SAMUEL KENNEDY,
Defendant
.
.
:NO: 97-1892 CIVIL TERM
: 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:
Tyler S. Kennedy, born December 27, 1992 and Travis E.
Kennedy, born March 27, 1994.
2. A Conciliation Conference was held on May 29, 1997, with the
following individuals in attendance:
The Mother, Ruth Kennedy, with her counsel, Jan Terpening,
Esquire, of Legal Services, Inc. and the Father, Samuel
Kennedy, with his counsel, Stephen B. Lipson, Esquire.
~
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3. The parties agreed to the entry of an Order in the form as
attached.
Ct (lI{ '17
DA E
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@ NOV 1 2 1997
RUTH KENNEDY,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
.
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:CIVIL ACTION - LAW
.
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SAMUEL KENNEDY,
Defendant
:NO: 97-1892 CIVIL TERM
: IN CUSTODY
COURT ORDER
AND NOW, this
I ().tJt day of
,
'77 iii 't'.. f.e, -'
1997,
the
Conciliator having convened a Conciliation Conference on November
7, 1997, at 10:00 a.m. in accordance with the prior Order in this
case and neither party or their attorney having appeared at the
Conference, the Conciliator relinquishes jurisdiction in this case.
cc: Jan E. Terpening, Esquire _
Stephen b. Lipson, Esquire
ilroy, Esquire
nciliator
.~.t 1I}1.3/91,
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Ruth Kennedy,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-I~qlcIVIL TERM
Samuel Kennedy,
Defendant
CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached complaint, it is
hereby directed that the parties and their respective counsel
appear before \\J,t" d. \(, ('I \ r('>,{ .f'it. the concil i ator, at i1'1r-Umt.lL.nll:.i:CQ,
(".N-l,..r1r".l(O.(I. rtl--."\)'';'(. on the ,")I:,'"" day of ~'--\O\..I ' 1997, at
/0'''1) /l.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,
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.
COURT ADMINISTRATOR, 4th FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
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 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.
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Ruth Kennedy,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97- /f~'LcI\'IL TERM
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Samuel Kennedy,
Defendant
CUSTODY
COMPLAINT FOR CUSTODY
1. The plaintiff is Ruth Kennedy, residing at 3115 Ritner
Highway, Newville, Cumberland County, Pennsylvania 17241.
2. The defendant is Samuel Kennedy, residing at 215 West
Pine Street, Mount Holly Springs, Cumberland County, Pennsylvania
17065.
3. The plaintiff seeks custody of the folloWing children:
Name
Tyler Kennedy
Present Residence
3115 Ritner Highway
Newville, PA
Age
4 yrs. old
DOB:12/27/92
Travis Kennedy
3115 Ritner Highway
Newville, PA
3 yrs. old
DOB:3/27/94
The children were not born out of wedlock.
The children are presently in the custody of Ruth Kennedy,
who resides at 3115 Ritner Highway, Newville, Pennsylvania.
During the children's lifetime, they have resided with the
fOllowing persons and at the following addresses:
Name
Address
Date
Plaint iff
3115 Ritner Highway
Newvi 11 e, PA
3/5/97 to
Present
Plaintiff
Defendant
215 West Pine Street
Mt. Holly Springs, PA
8/94 to 3/5/97
Plaint i ff
Defendant
122 Oak Hill Road
Carlisle, PA
1991 to 8/94
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The mother of the children is Ruth Kennedy, currently
residing at 3115 Ritner Highway, Newville, Pennsylvania.
She is married.
The father of the children is Samuel Kennedy, currently
residing at 215 West Pine Street, Mt. Holly Springs,
Pennsylvania.
He is married.
4. The relationship of plaintiff to the children is that of
mother.
The plaintiff currently resides with the following persons:
Name Relationship
Stanley Baker Landlord
5. The relationship of defendant to the children
is that of father.
The defendant currently resides alone.
6. The plaintiff has not participated as a party or
witness, or in another capacity, in other litigation concerning
the custody of the children in this or another court.
7. The plaintiff has no information of a custody proceeding
concerning the children pending in a court of this Commonwealth.
8. 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.
9. The best interest and permanent welfare of the children
will be served by granting the relief requested for reasons
including the fOllowing:
The above-named plaintiff. Ruth Kennedy, verifies that the
statements made in the above Complaint are true and correct. The
plaintiff understands that false statements herein are made
subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn
falsification to authorities,
Date:
3 -,;7'9,/
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Ruth Kennedy, Plaintiff
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RUTH KENNNEDY
IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 97-I%QJ, CIVIL TERM
SAMUEL KENNEDY,
Defendant
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the prothonotary:
Kindly allow, Ruth Kennedy, Plaintiff, to proceed in forma
oauoeris.
I, Joan Carey, attorney for the party proceeding in forma
oauoeris, certify that I believe the party is unable to pay the
costs and that I am providing free legal services to the party.
The party's affidavit showing inability to pay the costs of
litigation is atta~hed hereto.
~~:f
Attorney for PI intiff
LEGAL SERVICES, INC.
a Irvine Row
carlisle, PA 17013
(717) 243-9400
RUTH KENNNEDY
IN THE COURT OF COMMON PLEAS OF
plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97- If'I.2. CIVIL TERM
v.
SAMUEL KENNEDY,
Defendant
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am the 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:
Ruth Kennedv
Address: 3115 Ritner Hiahwav
Newville PA 17241
social Security Number:
196-48-2520
(b) If you are presently employed, state
Employer:
N/A
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date of last employment: 8/94
Salary or wages per month: S200.00/wk
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Type of work:
SUDervisor
(e) other income within the past twelve months
Business or profession:
N/A
N/A
N/A
N/A
other self-employment:
Interest:
Dividends:
Pension and annuities:
N/A
N/A
$263.00/mo
social Security benefits:
Support payments:
Disability payments:
N/A
Unemployment compensation and
supplemental benefits:
N/A
N/A
N/A
Workman's compensation:
Public Assistance:
other: WIC $50.00/month & food bank
(d) other contributions to household support
(Wife)(Husband) Name:
N/A
If your (husband) (wife) is employed, state
Employer:
Salary or wages per month:
certificates of Deposit: N/A
Real Estate (including home):
Motor vehicle: Make Chevv celebritv Year 1985
Cost $200.00 Amount owed $0
stocks; bonds:
N/A
N/A
other:
(f) Debts and obligations
Mortgage: N/A
Rent: $150.00/mo
Loans: N/A
Monthly Expenses: TV Cable $13.50: electric $50.00:
kerosene (heatl $40.00: Telephone $16.00:
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
Name: Tvler Kennedv Age: 4 vears
Travis Kenncdv 3 vears
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: ~~. .)'7 - '17
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Rut6 Ke nedy, Plaintiff
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RUTH ANN KENNEDY
PLAINTIFF
V.
SAMUEL E. KENNEDY
DEFENDANT
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTy,pENNSYLV ANIA
97-1892 CIVIL ACTION I.AW
IN CUSTODY
onnEn OF COIlnT
AND NOW, Monday, March 12,2001 . upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear bethre lIubert X. Gilroy, Esq, . Ihe conciliator,
at 41h Floor, Cumberland Counly Courthouse, Carlisle on Thursday, April 12, 2001 al 8:30 .,m.
for a Pre-Hearing Custody Conference. At such confcrcncc, an cnhrt will bc made 10 rcsolvc thc issues in dispute; or
iflhis cannot be accomplished, to define and narrow the issues to be hcard by the court. and 10 entcr into a temporary
order. All children age five or older may also be prcsent ntthe eonfercnce. Fnilure to appenr atlhe conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By: /s/
Hilbert X. Gilray. Esq. M
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilitcs Act of 1990. For information about acccssiblc 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 A TIORNEY 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 A veoue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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RUTH ANN KENNEDY,
Plaintiff/Respondent
IN TilE COURT OF COMMON PLEAS OF
CUMIJERLAND COUNTY,I'ENNSYLV ANIA
v.
NO, 97-1892
CIVIL ACTION LAW
SAMUEL E. KENNEDY,
Defenda nt/Pel i tion er
IN CUSTODY
PETITION TO MOlliFY ClISTODY
1. Thc plaintilTis Ruth Ann Kcnncdy, rcsiding at 135 East Louthcr Strcct, Carlislc,
Pcnnsylvania.
2. Thc dcfcndant is Samuel E. Kcnncdy. rcsiding at215 Wcst Pinc Strcct, Mt. Holly Springs,
Pcnnsylvania.
3. Pctitioncr sccks custody ofthc following childrcn:
Namc
Tylcr S, Kcnncdy
Travis E. Kcnncdy
Prcscnt Rcsidcncc
136 East Louthcr Strcct, Carlislc, P A
136 East Louthcr Strcct, Carlislc, P A
Agc
7
6
Thc childrcn arc prcscntly in thc custody of Ruth Ann Kcnncdy who resides at 136 East
Louthcr Strcct, Carlislc, PA.
During thc past fivc ycars, thc childrcn have rcsidcd with thc following pcrsons and at the
following addrcsscs:
List All Pcrsons
Ruth Ann Kenncdy
Samuel Kcnncdy
Ruth Ann Kcnncdy
Ruth Ann Kcnncdy
Samuel Kcnncdy
Ruth Ann Kcnncdy
List All Addrcsscs Datcs prescnt.
Molly Pitchcr, Carli sIc, PA 4/1/97-9/97
215 Wcst Pinc Strcct, Ml. Holly Springs, PA 9/97-1/1/598
Boiling Springs, PA 1/1/598-7/98
28 Spring Gardcn Strcct, Carlislc,PA 7/98-4/99
215 WcstPinc Strcct, Ml. Holly Springs,PA 4/99-7/28/99
136 East Louthcr Strcct, Carlislc,PA 7/28/99.prescnt
Thc mothcr of thc childrcn is Ruth Ann Kcnncdy, currcntly rcsiding al 136 Ensl Loulher
Strcct. Carlislc. I' A .
Shc is unmarricd.
Thc fhthcr of thc childrcn is Samuel E. Kcnncdy, cum:ntly residing at 215 West Pine
Strect, Mt. 1 lolly Springs, I' ^..
He is married.
4. Thc relationship of pia intin. to the children is that of moth cr.
Thc plaintifT currcntly rcsidcs with thc following pcrsons.
Namc
Richard Goncc
Relationship
Boyfricnd
5. Thc relationship of dcfcndant to thc childrcn is that of fathcr.
Thc dcfcndant currcntly rcsidcs with thc following pcrsons.
Namc
Justinc L Kcnncdy
Jcrcmy S, Murtorff
Relationship
Wifc
Stcpson
6, Pctitioncr has not participatcd as a party or witncss, or in anothcr capacity, in othcr
litigation conccrning thc custody ofthc childrcn in this or anothcr court.
P<!titioncr has no infonnation of anothcr custody procccding conccrning thc childrcn
pcnding in a court of this Commonwcalth.
I'ctitioncr docs not know of a person not a party to thc procccdings who has physical
custody ofthc childrcn and claims to havc custody or visitation rights with rcspcct to thc
children.
7. Thc bcst intercst and pcnnancnt welfarc ofthc childrcn will bc servcd by granting thc
rclicf rcqucst bccausc I'ctitioncr wishcs to stabilizc his relationship with thc childrcn.
WHEREFORE, I'ctitioncr requcsts thc court to grant custody of the childrcn to thc
Pctitioncr subjcct to structurcd partial custody by thc Rcspondcnt to consist of cvcry othcr
wcckcnd, split holidays and six wccks in thc summcr.
I verify that the statements made in this complaint arc true and correct. I understand that
false statements herein lire made subject to the penalties of 18 Pa, Cons, Stat. * 4904 relating to
unsworn falsification to authorities.
~K~IE . --""""'E ~-
ar " Rommger, squIre
Attorney for Plaintiff
1 SS South Hanover Street
Carlisle, PA 17013
(717) 241-6070
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