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Home My WebLink About07-11590 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF HOLLY D. KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JOSHUA A. KENNEDY, : NO. 07 - I S q CIVIL TERM Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF HOLLY D. KENNEDY, Plaintiff V. JOSHUA A. KENNEDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 - CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Holly-D. Kennedy, 302 Stonehouse Road, Dickinson Township, Carlisle, Cumberland County, PA 17013. 2. The defendant is Joshua A. Kennedy, 209 Penn Street, Shippensbutg, Cumberland County, PA 17257. 3. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on October 28, 2004, in Carlisle, Pennsylvania. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. 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. Section 4904, relating to unsworn falsification to authorities. lVbr? ?- 92007 2007 *HO D. KENNEDY, Plain NATRANr.C,7OLF, ESQUIRE Suprem hurt ID #87380 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF HOLLY D. KENNEDY, Plaintiff V. JOSHUA A. KENNEDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO.07 - OS I CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotarys Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ?h v2 , 2007 v HO D. KENNEDY, Plainti2V 141? d C? +v NO , AJ NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF HOLLY D. KENNEDY, Plaintiff V. JOSHUA A. KENNEDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07 - ! i Sq CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA RCP RULE NO. 1920.4 (a)(1)(i) NOW, Nathan C. Wolf, Esquire, being duly sworn according to law, does depose and state: That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on or about March _ , 2007, by certified mail "restricted delivery," addressed to the defendant at 209 Penn Street, Shippensburg, PA 17257, return receipt No. 3. That a copy of the sender's receipt and signed receipt for certified mail is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 200' _w ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse A. Signature X WAgent Addrem 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 Received b Printed Name) ?OSN IU7 t N/ C. Date of at v . it f d f ? ? Yes 1. Article Addressed to: A. ke-nn JV D. Is delivery address rom em 1 i fferent If YES, enter delivery address below: ? No Sir-f 09 PCnn / 3. Service Type certified mail ? Express Mail ? Registered AS& Return Receipt for Merchandis ? Insured Mail ? C.O.D. 4. Restricted Delivery/? (Extra Fee) ? Yes 2. Article Number 7003 311 0 0004 5771 3587 (Transfer from service Label) PS Form 3811, February 2004 Domestic Return Receipt t o2sss-o2 M- ? ?? ?= ' .-+ ?? ? _ ? y,. Y51 ,..,.,'} ..Y ?.:: ? ?? ? ! t 7 _ r ?? - , NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF HOLLY D. KENNEDY, Plaintiff V. JOSHUA A. KENNEDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 -1159 CIVIL TERM : IN DIVORCE/CUSTODY COMPLAINT FOR CUSTODY NOW comes the Plaintiff, Holly D. Kennedy, by her attorney, Nathan C. Wolf, Esquire, and respectfully represents as follows: 1.) Plaintiff is Holly D. Kennedy, (hereinafter "Mother"), an adult individual, who resides at 302 Stonehouse Road, Carlisle, Cumberland County, Pennsylvania, 17015. 2) Defendant is Joshua A. Kennedy, (hereinafter, "Father"), an adult individual, who resides at 214 East Orange Street, Apartment A, Shippensburg, Cumberland County, Pennsylvania, 17257. 3) Father seeks an order granting shared legal custody and partial physical custody of the parties minor child, namely: N= Deanna Elizabeth Kennedy Present Residence 214 East Orange Street Apartment A Shippensburg, PA 17257 Age 2 years DOB 12/05/2005 4.) Mother and Father are the natural parents of the child. 5.) The child was born of the marriage of the parties. The child is presently in the custody of Father, who has refused to allow Mother to see the child since January 30, 2008. The child has lived in the primary custody of mother since birth, but the Father has had at least some periods of custody throughout the child's life. 6.) The parties were married October 28, 2004, but have been separated since approximately January 25, 2008. 7.) Mother 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. 8.) Mother has no information of a custody proceeding concerning the child pending in any court of this Commonwealth or any other state. 9.) Mother 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. 10.) The best interest and permanent welfare of the child will be served by granting the relief requested herein because Mother has been the primary caretaker of the child since the child's birth. 11.) The parties had been separated between December 15, 2006 and approximately June 1, 2007. From shortly after the child's birth until the parties' separation, the child resided with Mother and Father in Maternal Grandmother's home. 12.) During the time of the parties' separation, the child lived primarily with Mother but saw Father on an infrequent basis, and only when Father would see the child while the child was in the care of her paternal grandparents. 13.) After the parties reconciled in 2007 and until their final separation in January 2008, the Mother and Father shared in the caretaking duties of the child but the child resided with both parents. 14.) On or about January 30, 2008, Mother and paternal grandmother spoke by telephone and paternal grandmother offered to watch the child while Mother attempted to secure adequate transportation for herself and to reestablish herself following Mother and Father's separation. 15.) Mother agreed to allow paternal grandmother to care for the child temporarily while Mother attempted to reestablish herself and dropped the child off at the paternal grandmother's home. 16.) On or about February 1, 2008, Mother contacted paternal grandmother to see how the child was doing and was given an update. 17.) During the time between February 1, 2008 and February 14, 2008, Mother attempted to contact the paternal grandparents frequently and began having difficulties actually speaking with grandmother, who would not return calls placed by Mother. 18.) Finally on February 12, 2008 or February 13, 2008, Mother contact Father directly who informed Mother that she could pick the child up to see her whenever Mother could make arrangements to get to Shippensburg. 19.) When Mother did arrive in Shippensburg on February 14, 2008, paternal grandmother refused to allow Mother to have custody of the child. 20.) The Shippensburg Borough Police Department refused to return custody of Mother without a court order authorizing the same. 21.) Paternal grandmother now, despite her willingness to care for the child previously, claims that Mother has abandoned the child and refused to return the child to Mother, and would not even permit Mother to hold the child while Mother was in paternal grandmother's home. 22.) Mother submits that this denial of custody of the child is outrageous conduct on the part of a third-party who has no claim of custody. 23.) Mother submits that an Order granting her primary physical custody would be most appropriate because during their prior separation, Mother did not do anything to keep the child from Father. On the contrary, Mother encouraged contact between the child and Father. 24.) Now, by contrast Father has refused to allow Mother to see the child whatsoever. 25.) Mother submits that if granted the relief request, she would continue to encourage and reinforce the relationship between the child and Father. 26.) Mother maintains a stable home in which to raise the child with a very strong support network of family members in close proximity. 27.) Mother was excluded from making medical decisions as to treatment for the child, including a recent visit to a hospital for some undisclosed illness. 28.) Mother was not notified of the visit to the hospital until she called Father and he informed Mother that the child had been to the hospital. 29.) Mother believes that without an order confirming shared legal and partial physical custody of the child with him, that Father will completely estrange Mother from the child. WHEREFORE, for the reasons set forth herein, Plaintiff, Holly D. Kennedy, respectfully requests that the Court enter an order confirming shared legal custody and establishing a schedule for primary physical custody of the child to the Plaintiff, and a schedule for partial physical custody to the Defendant along with granting any other relief the Court deems appropriate. Respectfully submitted, WOLF & WOLF February LZE, 2008 NA WOLF, ESQUIRE Att y for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013-2922 (717) 241-4436 Supreme Court I.D. No. 87380 VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this complaint are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. ?. February /5, 2008 Holly D ennedy NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF HOLLY D. KENNEDY, Plaintiff v. JOSHUA A. KENNEDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 -1159 CIVIL TERM : IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the date indicated below, I caused the foregoing Petition to Modify Custody to be served upon the defendant, Joshua k Kennedy, by mailing the same via First Class Mail, addressed as follows: Joshua A. Kennedy 214 East Orange Street Apartment A Shippensburg, PA 17257 WOLF & Dated: February If, 2008 By: Natfian olf, Esquire Couns or Plaintiff C7J rs Ul Q T? HOLLY D. KENNEDY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSHUA A. KENNEDY DEFENDANT 2007-1159 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 21, 2008 , 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 Monday, March 03, 2008 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. 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/ ac ueline M. Verne Es q. 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 4-' " ! ' * ? /*-W ? -C7' eZ4 6° a HOLLY D. KENNEDY, Plaintiff V. JOSHUA A. KENNEDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . Q7?t lS } NO.-08 ft5-tCIVIL TERM : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Joshua A. Kennedy, in the above captioned case. Respectfully submitted, Jessica 4Ho st, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: a?-2S- DX ti HOLLY D. KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1159 CIVIL TERM JOSHUA A. KENNEDY, : IN CUSTODY Defendant CERTIFICATE OF SERVICE 1, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Joshua A. Kennedy, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below- U.S. First Class Mail, Postage Pre-Paid Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Date: 2.2? •y? A044-- Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 1? ti,JJ MAR 0 5 2008 pay HOLLY D. KENNEDY, Plaintiff V. JOSHUA A. KENNEDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA i0v 7 NO. 2008-1159 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this __*day of 04X , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Holly D. Kennedy and the Father, Joshua A. Kennedy, shall have shared legal custody of Deanna Elizabeth Kennedy, born December 5, 2005. 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 her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. The parties shall have shared physical custody of the child on a week on/week off schedule. The exchange day and time shall be Sundays at 12:00 noon. Mother shall have the week of March 2, 2008. 3. Holidays: A. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. B. Each party shall have time with the child on Trick or Treat night. C. Easter and Thanksgiving shall be shared from 9:00 a.m. to 3:00p.m. and 3:00 p.m. to 9:00 p.m. with the custodial parent having the first block of time. D. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon Christmas Day and Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 4. Transportation shall be shared such that the receiving party shall transport. 5. Neither parry may partake in alcohol or illegal drugs immediately before or during their period of physical custody. The parties shall assure, to the extent possible, that other household members and/or guests comply with this prohibition. 6. The parties shall exert every reasonable effort to maintain free access and unhampered contact between the child and each of the parties, and to foster a feeling of affection between the child and the other party. Neither party shall do anything which may estrange the child from the other party, or injure the child's opinion as to her Mother or Father, or which may hamper the free and natural development of the child's love and respect for the other party. 7. Both parties shall refrain from making derogatory comments about the other party in the presence of the minor child. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 8. The child shall have no unsupervised contact with Jason Miller. 9. Babysitting shall be performed by an adult. 10. 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. c Nathan C. Wolf, Esquire, for Mother Vlessica Holst, Esquire, Mid Penn Legal Services, for Father ao l'ES mbtL-CCL 3! /? -110 J. " uj co I -? rx) c • CC ca+ HOLLY D. KENNEDY, Plaintiff V. JOSHUA A. KENNEDY, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1159 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Deanna Elizabeth Kennedy December 5, 2005 Father 2. A Conciliation Conference was held in this matter on March 3, 2008, with the following in attendance: The Mother, Holly D. Kennedy, with her counsel, Nathan C. Wolf, Esquire, and the Father, Joshua A. Kennedy, with his counsel, Jessica Holst, Esquire, Mid Penn Legal Services. 3. The parties agreed to an Order in the form as attached. 3-3-09 Af )V Date ac ine M. Verney, Esquire Custody Conciliator HOLLY D. KENNEDY, Plaintiff v. JOSHUA A. KENNEDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 07 -1159 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about March 2, 2007 and served upon defendant on March 10, 2007(see affidavit of service filed march 12, 2007). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. v ,coos - P - - 3 O A 4A.KNNEDY r" ` ., ..:? ..:?' - .. { s,3 x ?? ??. HOLLY D. KENNEDY, Plaintiff v. JOSHUA A. KENNEDY, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 -1159 CIVIL TERM : IN DIVORCE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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. Section 4904 relating to unworn falsification to authorities. J a2 92008 SH A A. KENNEDY . ,-? C'? ?.c r_..1 ?? ?? ?„,,,, 'r `a ??i tY ? .?- ?``? LL. 4 ??t??^ c,.. J "ti..? 1.3.. ?..,.b { HOLLY D. KENNEDY, Plaintiff v. JOSHUA A. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 -1159 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about March 2, 2007 and served upon defendant on March 10, 2007 (see affidavit of service filed March 12, 2007)- 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. r 2008 HOL D. KENNEDY oO' cl-I 1 HOLLY D. KENNEDY, Plaintiff v. JOSHUA A. KENNEDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 -1159 CIVIL TERM : IN DIVORCE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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. Section 4904 relating to unsworn falsification to authorities. I , 2008 - HOLLY A. NNE Y ?r] MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this _at day of 4 , 2008, by and between JOSHUA A. KENNEDY (hereinafter referred to as "HUSBAND") and HOLLY D. KENNEDY (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on October 28, 2004; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each parry. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither parry shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit without interference from the other parry. Neither party shall contact the other at their place of employment except in legitimate emergency situations. Neither parry shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. DEBT : It is further mutually agreed by and between the parties that the debts be paid as follows: A. The HUSBAND shall assume all liability for and pay and indemnify the WIFE against any of his individual debts and all household utility accounts, along with the parties' joint obligation to American General Finance, which balance is currently approximately $1,700.00 as of December 2008. B. The WIFE shall assume all liability for and pay and indemnify the HUSBAND against any of her individual debts, along with the parties' joint debt with Sprint/NEXTEL, the balance of which is approximately $1,400.00 as of the date of the drafting of this agreement. The parties further acknowledge that WIFE has made substantial payments on the parties' joint obligation to American General Finance prior to December 2008, totaling approximately $1,700.00. C The parties agree that they have no other joint obligations. 6. Except as herein provided, the parties agree that they have previously divided their personal property to their mutual satisfaction. No payment shall be made by either party to the other as a result of the division of property contained herein. The parties agree that this division is fair and equitable, and is voluntary and made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. A. Bank Accounts -the parties acknowledge that they have no joint bank accounts and waive any interest in any bank account held by the other in their individual names. B. Pension and Retirement Accounts - HUSBAND and WIFE agree that each waives any interest in any pension or retirement funds held by the other. C. Other Personal Property - The parties agree that they have equitably divided all of their furniture, household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as they will mutually agree. 7. INCOME TAX RETURNS: In 2008, the parties shall prepare and file separate income tax returns, and in even numbered years WIFE shall be entitled to claim the parties' daughter, DEANNA ELIZABETH KENNEDY for tax dependency purposes, and in odd numbered years, HUSBAND shall be entitled to claim the parties' daughter for tax dependency purposes. 8. SPOUSAL SUPPORT AND ALIMONY: HUSBAND and WIFE each waive any claim against the other for alimony or spousal support. 9. BREACH: In the event of the breach of this agreement by either party, and the unreasonable failure of either party to remedy such breach after thirty days written notice to the breaching party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 10. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that maybe reasonably required to give full force and effect to the provisions of this agreement. 11. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. Both parties have had adequate opportunity to review this agreement with independent legal counsel and have either done so or voluntarily chosen not to do so. WIFE's attorney is Nathan C. Wolf, Esquire and HUSBAND has either obtained an independent review of this agreement with any attorney or he has waived the right to do so. 12. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undettAdngs other than those expressly set forth herein. 13. APPLICABLE LW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 14. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 15. WAIVER 2 CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each parry may dispose of his or her property in anyway, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which maybe necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESSES: r? ?r°?n rlarn? (SEAL) HUA A. KENNEDY (SEAL) 4HOD. KENNEDY COMMONWEALTH OF PENNSYLVANIA . :SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this <?? j day of 2008, JOSHUA A. KENNEDY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MICHELE R. DURF, Notary Public Notary Public 8oro of Shippensburg, Cumberland County My Commismon Expires July 16, 2012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this oV day of , 2008, HOLLY D. KENNEDY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nathan C. Wolf, Notary Public Carlisle Soro, Cumberland County mycomisewl 110, 2012 MybraMa Associatlon of Notaries ` --t j f y1 ?wJ NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF HOLLY D. KENNEDY, Plaintiff V. JOSHUA A. KENNEDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 -1159 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about March 10, 2007, defendant was served with a copy of the divorce complaint via certified mail, restricted delivery, addressed to the defendant. (See Affidavit of Service previously filed, March 12, 2007) 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: December 29, 2008 Bythe defendant: December'.iD, 2008 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b) (2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A- 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached N/A. (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: December 30, 2008 Date defendant's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: December 2Q 2008 December , 2008 NATHAN F Attorney f6-Plaintiff ', =? ,. ?t ?? s"- ??' F x s . ? 1, v { , ... Holly D. Kennedy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Joshua A. Kennedy NO. 2007-1159 DIVORCE DECREE AND NOW, , l2IJZR , it is ordered and decreed that - )Q%& left-1 0 Holly D. Kennedy , plaintiff, and Joshua A. Kennedy , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") UOKP, The Marital Settlement Agreement executed by the parties and attached hereto, is incorporated, but not merged. Custody is the only claim unresolved by this Order. By the Attest: / J. -,onr7 t9?w?c,,,/?,, fit'~aYJ?s'_.. ; ,V, 11, e/ 80. /c" ei Tp!: P .. _T NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF 2010 f EB 23 N I: 2 9 HOLLY D. KENNEDY, Plaintiff V. JOSHUA A. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 -1159 CIVIL TERM IN DIVORCE/CUSTODY PETITION TO MODIFY CUSTODY AND NOW comes the Plaintiff, Holly D. Kennedy, by her attorney, Nathan C. Wolf, Esquire, and respectfully represents as follows: 1.) Plaintiff is Holly D. Kennedy, (hereinafter "Mother"), an adult individual, who resides at 28 Lucinda Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2.) Defendant is Joshua A. Kennedy, (hereinafter, "Father"), an adult individual, who resides at 109 East Orange Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 3.) The parties are the natural parents of one minor child, namely: Name Present Residence Age Deanna Elizabeth Kennedy 28 Lucinda Drive 4 years Carlisle, PA 17013 DOB 12/05/2005 4.) The parties are subject to an Order of Court, dated March 5, 2008 issued by the Honorable Edgar B. Bayley, the previous judge in this matter, wherein the parties enjoy shared legal custody, and shared physical custody on a week on/week off basis, and a holiday schedule. Such Order was entered by agreement of the parties following a conciliation conference held March 3, 2008. A true and correct copy of said order is attached hereto as Exhibit A. ?? /"//. &) A4 j w l,4 0 1#- d 3 -7930 5.) Since the entry of the Order, Mother avers that circumstances have changed such that a modification of the custody Order would be appropriate. 6.) At the time of the entry of the Order, Mother was employed in Chambersburg but lived with family members in Dickinson Township, and had unusual work hours making a request for primary custody difficult to justify. 7.) At the time of the entry of the Order, it is believed that Father was unemployed and resided with his Mother in Shippensburg. 8.) Mother acquiesced in the entry of the shared physical custody Order in 2008 because she felt, at that time, her schedule and living situation and the availability of transportation were not adequate to provide for the child on a primary basis. 9.) Mother has resided in her current residence since May 2009 with her boyfriend Troy Swartz, with whom Mother has another child, Hannah Swartz, DOB 2/05/2009. 10.) Mother is gainfully employed at Giant Food Store on South Spring Garden Street in Carlisle and works normal hours. 11.) Mother has childcare available within her household and can ensure the child receives the appropriate level of supervision while she is working. 12.) The child has now reached the age where she will soon begin school and because the parties reside in different school districts, it will be impractical to maintain shared physical custody on a week on/week off basis. 13.) Mother resides in the Carlisle School District and Father resides in the Shippensburg School District. 14.) Mother is primarily responsible for the child's medical care and has ensured that the child has medical insurance in place. 15.) Mother would like to begin the process of enrolling the child in the Head Start Program in Carlisle so that the child may have the opportunity to take advantage of that program's resources prior to entering kindergarten. 16.) Mother believes that the child's best interests will be best served granting primary physical custody to her because, upon information and belief, Father is being investigated on charges of identity theft of his daughter's own social security number, which was purportedly used to obtain credit accounts for cable television and an attempt to obtain a cellular telephone account. 17.) Mother believes that Father was fraudulently using the child's social security number because of his history of financial instability. 18.) Mother and Father were divorced by decree issued December 30, 2008, which incorporated but did not merge a marital settlement agreement executed by the parties, which required Father to make payments on the parties' joint obligations in the amount of $1,700.00 to American General Finance. 19.) To date, Father has still not satisfied this obligation and has ignored all requests for payment on this account. 20.) Mother, by contrast, has complied with all of her obligations under the same agreement. 21.) Mother fears that Father's pending criminal charges and his financial instability will place the child's future care during his weeks of custody at risk. 22.) As stated previously, Mother is gainfully employed and has a stable household within which she is prepared to continue to provide for the child's best interests. 23.) Mother has consistently provided emotional, intellectual and financial support to the child and is well-equipped to continue to be the child's primary caregiver. 24.) If granted primary physical custody, Mother would work to support Father's continued relationship with the child, and would cooperate in ensuring Father would be able to continue his contact with the child, in a manner consistent with whatever schedule the Court sees fit to adopt. 25.) The best interest and permanent welfare of the child will be served by granting the relief requested herein because Mother has demonstrated that she has acted in the child's best interests and has a strong and meaningful relationship with the child. WHEREFORE, for the reasons set forth herein, Plaintiff, Holly Kennedy, respectfully requests that the Court enter an order confirming shared legal custody, granting primary physical custody of the child to Plaintiff, and establishing a schedule for partial physical custody of the child to the Defendant, along with granting any other relief the Court deems appropriate. Respec submitted, WOLF LF, Attorneys at Law Dated: February Z, 2010 Natha Wolf, Esquire 10 W 4t igh Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 3 , 2010 i94 - Holly . Kennedy MAR 0 5 2008. HOLLY D. KENNEDY, Plaintiff V. JOSHUA A. KENNEDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2048-1159 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this day of N Aax-A,_ , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Holly D. Kennedy and the Father, Joshua A. Kennedy, shall have shared legal custody of Deanna Elizabeth Kennedy, born December 5, 2005. 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 Iimited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. The parties shall have shared physical custody of the child on a week 0n/,\,\ eek off schedule. The exchange day and time shall be Sundays at 12:00 noon. Mother shall have the week of March 2, 2008. Holidays: A. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 5:00 p.m. B. Each party shall have time with the child on Trick or Treat night. C. Easter and Thanksgiving shall be shared from 9:00 a.m. to 3:00p.m. and 3:00 p.m. to 9:00 p.m. with the custodial parent having :he first block of time. D. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon Christmas Day and Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 4. Transportation shall be shared such that the receiving party shall transport. 5. Neither party may partake in alcohol or illegal drugs immediately before or during their period of physical custody. The parties shall assure, to the extent possible, that other household members and/or guests comply with this prohibition. 6. The parties shall exert every reasonable effort to maintain free access and unhampered contact between the child and each of the parties, and to foster a feeling of affection between the child and the other party. Neither party shall do anything which may estrange the child from the other party, or injure the child's opinion as to her Mother or Father, or which may hamper the free and natural development of the child's love and respect for the other party. 7. Both parties shall refrain from making derogatory comments about the other party in the presence of the minor child. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 8. The child shall have no unsupervised contact with Jason Miller. 9. Babysitting shall be performed by an adult. 10. 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. ii` .. c;r6 kr. c , BY THE COURT, 3 cc: Nathan C. Wolf, Esquire, for Mother Jessica Holst, Esquire, Mid Penn Legal Services, for Father HOLLY D. KENNEDY, Plaintiff V. JOSHUA A. KENNEDY, Defendant PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1159 CIVIL ACTION - LAW IN CUSTODY I . The pertinent infonnation concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Deanna Elizabeth Kennedy December 5, 2005 Father 2. A Conciliation Conference was held in this matter on March 3, 2008, with the following in attendance: The Mother, Holly D. Kennedy, with her counsel, Nathan C. Wol1'. Esquire, and the Father, Joshua A. Kennedy, with his counsel, Jessica Holst, Esquire. Mid Penn Legal Services. The parties agreed to an Order in the form as attached. U Date t -vc..c ? V acq line M. Verney, Esquire Custody Conciliator NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF HOLLY D. KENNEDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. JOSHUA A. KENNEDY, Defendant : CIVIL ACTION - LAW : NO. 07 -1159 CIVIL TERM : IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the date indicated below, I caused the foregoing Petition to Modify Custody to be served upon counsel of record for the defendant, Mid Penn Legal Services by mailing the same via. First Class Mail, along with service being made upon the Defendant directly, addressed as follows: Mid Penn Legal Services 401 E. Louther Street Suite 103 Carlisle, PA 17013 Joshua A. Kennedy 109 East Orange Street Shippensburg, PA 17257 WOLF & Dated: February ?, 2010 Nath lf, Esquire Coun or Plaintiff I HOLLY D. KENNEDY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-1159 CIVIL ACTION LAW JOSHUA A. KENNEDY IN CUSTODY Dt;F I:NDANT ORDER OF COURT AND NOW, Wednesday, February 24, 2010 , 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, March 30, 2010 at 10:30 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. 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/ ac ueline M. Verne Es!q._IM 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 OF nHIE`ir+orOrrPy 2010 MAR -1 PM 3= 25 CUMB F IL, ;;u (gnu" Do pl. G?ti?? MAR 312010 HOLLY D. KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-1159 CIVIL ACTION - LAW JOSHUA A. KENNEDY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ? -6t day of , 2010, upon - cqa consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Co Room No. 5 , of the Cumberland County CoXft House, on the *70', day of 1.[ , 2010, at ; o'clock, M., at which time testimony will a taken. For 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 five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated March 5, 2008 shall remain in full force and effect. BY THE COURT, J. n c cc: Nan C. Wolf, Esquire, counsel for Mother Jessica Holst, Esquire, counsel for Father 12Z>f1;gz > C-^. q1 16 t--Z/q N Q x? M T- n E3 CD W M ?r ?s .y c?a )C? HOLLY D. KENNEDY, Plaintiff V. JOSHUA A. KENNEDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1159 CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliatdr submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Deanna Elizabeth Kennedy December 5, 2005 shared 2. A Conciliation Conference was held March 30, 2010 with the following individuals in attendance: The Mother, Holly D. Kennedy, with her counsel, Nathan C. Wolf, Esquire, and the Father, Joshua A. Kennedy, with his counsel, Nick Matash, Esquire, (substituting for Jessica Holst, Esquire) MidPenn Legal Services. 3. The Honorable Edgar B. Bayley previously entered an Order of Court dated March 5, 2008 providing for shared legal custody and shared physical custody on a week on/week off basis. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody. Mother asserts that there is a criminal investigation into Father's use of the child's social security number illegally to obtain a Comcast account and attempt to use it in other financial situations. The parties live in Shippensburg and Carlisle. The child will begin Head Start in the fall and a decision on where the child attends school is necessary. 5. Father's position on custody is as follows: Father seeks to maintain the status quo or seeks primary physical custody so that the child could attend school in Shippensburg. Father maintains that the use of the child's social security number was an error by his girlfriend. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one day. 3-36-16 Date Ja eline M. Verney, Esquire Custody Conciliator a f ~ ~ HOLLY D. KENNED , PLAINTIFF v. JOSHUA A. KENN DEFENDAI~ M Masland, J., July 1~, 2010:-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1159 CIVIL TERM AND Before the court is the petition of mother, Holly D. Kennedy, for modification of the custody of the minor child, Deanna Elizabeth Kennedy, born December 5, 2005. ''!The Honorable Edgar B. Bayley issued an order of court dated March 5, 200$, providing for shared legal custody and shared physical custody on a week can/week off basis. With Deanna approaching school age and both parents believirhg she would benefit from a Headstart program in 2010-2011, this matter was presented to the court in order to determine Deanna's primary residence in anticipation of her commencing formal education. At a hearing ~n June 7, 2010, the court heard testimony from the mother and her fiance, Troy] Swartz, and from the father, Joshua Kennedy, his fiancee, Mekayla Sewell, and his mother, Patricia Kennedy. At the conclusion of the hearing, the court directed the parties to address the issue of the necessity of immediately modifyi~g the existing order over one year prior to Deanna entering kindergarten. Following a status conference on June 23, 2010, the parties submitted written ar~ument in support of proposed orders of court. 07-1159 CIVIL TE DISCUSSION Regarding the threshold issue of "why now?," the court is satisfied from the testimony of the parties and argument of counsel that it is in Deanna's best interest to enroll in a Headstart program for the 2010-2011 school year. Unfortunately, beca se of scheduling, residency, and transportation issues with respect to enrollmen in Headstart, it is not feasible for the parties to continue the week on/week off ar angement while the child is enrolled in a Headstart program in either Shippensb rg, home of the father, or Carlisle, home of the mother. Therefore, it is in ev ryone's interest to establish a home base for Deanna at this time, which, barring any change of circumstances, will also establish where Deanna will enter the public school system in 2011. As the court noted at the conclusion of the hearing, it is faced with a decision that it is bo~h easy and difficult. It is easy because regardless of who is the primary custodian of Deanna, she will be in good, capable, and loving hands. Yet, the court recognizes that one set of loving hands is likely to be disappointed, and for that reason t~is is difficult. Although the court must select a primary i custodian for Deanna, its selection should not be interpreted as a criticism of the parenting skills of the individual not selected. If the parties maintain their focus on Deanna's best interests, there will be no "losers" in this case. To the contrary, both families can anld should work to ensure that all are winners and that Deanna's life is not ~ patchwork quilt of abrupt exchanges, but rather a seamless tapestry of loving support. -2- 07-1159 CIVIL TER The court de the strengths and w parents, their signifi proposed school di: the court must now fines to issue a series of findings that compare and contrast esses of the parties. Suffice it to say the court finds the others, their respective extended families, and their >, to be essentially equal in many respects. Nonetheless, rmine, based on Deanna's best interests, which parent will have primary ph~rsical custody. Although fath~r has made great strides as a parent over the past year, in large measure due t~ Mekayla's positive influence, the court finds that mother's long-term nurturanc~, coupled with the presence of Deanna's half-sister, Hannah, make the mother's home the better of two good living arrangements. Even Mekayla noted Deanna's affection for Hannah and that she "would never hinder it." The cour~ is confident that Mekayla will be supportive of the sisters' relationship; however, the best way to support that bond is to keep the siblings together. Accordingly, the court enters the following order: ORDER OF COURT AND NOW, t~is ~'~day of July, 2010, upon consideration Mother's petition for modification of custody, the evidence presented by both parties at a hearing on this matter and the arguments set forth by counsel for the parties, it is hereby ORDERED ~s follows: 1. Legal Custo~fy: Mother and Father shall share joint legal custody of Deanna Elizabeth Kennedy, born December 5, 2005. Mother and Father agree that major decisions concerning Deanna, including, but not necessarily limited to, Deanna's health, welfare, education, religious -3- 07-1159 CIVIL T training and upbringing shall be made jointly, after discussion and consultation vJrith each other, with a view toward obtaining and following a harmonious p~Olicy in Deanna's best interest. Mother and Father agree not to impair the they party's rights to shared legal custody of Deanna. Mother and F ther agree not to attempt to alienate Deanna's affections from the othe party. Each party shall notify the other of any activity or circumstance concerning Deanna that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the party the having physical custody. With regard to any emergency decision whic must be made, the party having physical custody of Deanna at th~ time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the otf~er of the emergency and consult with the other as soon as possible. In ccordance with 23 Pa.C.S.A. § 5309, each party shall be entitled to co plete and full information from any doctor, dentist, teacher, professional r authority and to have copies of any reports or information given to eith r party as authorized by statute. Mutual agreement should be made, in dvance, regarding the following matters: enrollment or termination i~ a particular school or school program, advancing or holding Deanna Deanna's d employment, in school, authorizing enrollment in college, authorizing s license or purchase of an automobile, authorizing authorizing Deanna's marriage or enlistment in the armed -4- 07-1159 CIVIL TER forced, appro ing petition for emancipation, authorizing foreign travel, passport appl cation or exchange student status. 2. Mother shall ave primary physical custody of the child. Father shall have periods of pa ial physical custody of the child as follows: a. b. i. Each week whereby Father shall have Deanna on Friday after Headstart until Monday morning when Headstart ins. ii. Father will be responsible for ensuring that Deanna is at Headstart on time on Monday mornings. If Father is late getting Deanna to Headstart on more than two occasions within a period of three months, then all exchanges will take place on Sunday night at 8 p.m. The times for the custody exchanges may be adjusted due to work, or other schedules, but not unilaterally except in emergencies or under circumstances beyond the control of the parties. Father shall have additional periods of time, subject to the mutual agreement of the parties. n Kindergarten: On a four week cycle starting the first weekend after school begins, Father shall have Deanna three weekends in a row from Friday at 5 p.m. until Sunday at 8 p.m. -5- 07-1159 CIVIL TER ii. NVlother shall have custody on the fourth weekend of the le. iii. he parties shall share custody of Deanna during the Winter reak from school to ensure that both parties are able to Pend additional time with Deanna. c. mummer: i. egardless of Deanna's enrollment in Headstart or once she as started Kindergarten, the Parties shall share custody uring the summer on a week on/week off schedule. ather's week will begin the Sunday after the last day of chool with exchanges taking place every Sunday at 3 p.m. d. Such they times and dates as the parties may from time to time mutualMy agree. 3. Holidays: a. Mothe and Father shall alternate custody of Deanna for the Holida s of Memorial Day, July 4th, and Labor Day. b. Thank giving: Even numbered years Father shall have custody of Deann from 8:00 a.m. until 8 p.m. on the Thanksgiving Holiday. Odd n mbered years Mother shall have custody of Deanna from 8:00 a.m. until 8 p.m. on the Thanksgiving Holiday. c. Christ as: Odd numbered years Father shall have custody of Deann from Christmas Eve at noon until December 26 at noon. -6- 07-1159 CIVIL TE Even umbered years Mother shall have custody of Deanna from Christ as Eve at noon until December 26 at noon. d. Easters Even numbered years Father shall have custody of Deanna from 8:00 a.m. until 8 p.m. on the Easter Holiday. Odd numbered years Mother shall have custody of Deanna from 8:00 a.m. until 8 p.m. on the Easter Holiday. e. Mothe 's Day: Mother shall always have custody of Deanna from 8:00 a m. until 8 p.m. on Mother's Day. f. Father s Day: Father shall always have custody of Deanna from 8:00 a m. until 8 p.m. on Father's Day. g. If eith r Mother or Father is to be married, the parent who is to be weds all have custody of Deanna from noon the day before the ceremony until noon the day after the ceremony. h. The hc}liday schedule outlined above will take precedence over the regula custody schedule. All other holidays not outlined above are subjec to the regular custody schedule or other agreement of the 4. Vacations: V1~+ith thirty (30) days notice, each party shall be allowed to choose two npn-consecutive weeks for a summer vacation time period with Deanna. 5. Transportation: During the Headstart school year, Mother shall be responsible f r transporting Deanna to Father on Friday and Father shall be responsibl for getting Deanna to Headstart on Monday mornings or -7- 07-1159 CIVIL TER returning De nna to Mother on Sunday at 8 p.m. If Father is late getting Deanna to H adstart on more than two occasions within a period of three months, then all exchanges will take place on Sunday at 8 p.m. Upon that change takin place, transportation will be the responsibility of the receiving part .For the summer exchanges and subsequent exchanges once Deanna is enrolled in Kindergarten, the receiving party shall be responsible f r transporting Deanna. 6. Both parties hall be entitled to reasonable telephone access to Deanna while she is ith the other party and neither party shall frustrate the other party's reaso able telephone access to Deanna. 7. The parties s all make their best efforts to maintain open communication between eacffi other, through telephone, email or other such communication, so that such communication is directed between the parties, and of through Deanna or significant others. This shall not preclude communication between either party's subsequent spouses, significant others, or other relatives, but is meant to encourage direct communication between the parties. 8. The parties s all immediately notify the other of any changes of address or telephone umber. 9. The parties sfhall not move Deanna from a 30 mile radius of their current address Court. the written consent of the other party or the order of -8- + ~ ~ 07-1159 CIVIL TE 10. Neither party shall use illegal drugs or alcohol to the point of intoxication in the 24 hours prior to their custodial time with Deanna or during their custodial tim~ with Deanna. Both parties shall keep Deanna away from third parties ho are intoxicated or using illegal drugs. 11. Neither party hall smoke cigarettes in the residence when Deanna is present for h r custodial periods or in a vehicle when transporting Deanna. Bot parties shall keep Deanna from third parties using cigarettes in t e residence or vehicle when Deanna is present. 12. This Court sh II retain jurisdiction over this matter for purposes of enforcement nd modification, unless both parties agree in writing to transfer ju ion to any other appropriate court. By the Court Albert H. Masland, J. `Jessica Holst, Esq For Plaintiff ~ Nathan C. Wolf, For Defendant sal ~p~ es r~,'~~d /'mar ire /~~~~o cn r~ ~, V, ~. ~ r- i~,. ~±"! -. _._ ,~ (_,r'. ("~~: ~; -;-, ;~ ,_- _„' r~^ ,` ''_ -9- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HOLLY D. KENNEDY, ) - s Plaintiff ) r7l V. ) No. 07-1159 Civil Term = ? rn JOSHUA A. KENNEDY ) ; , Defendant ) Au , c- ?v ? : - Petition for Modification ### Petitioner is Defendant, JOSHUA A. KENNEDY, (hereinafter "Father"), who currently resides at 9920 Tower Road Apt 2, Shippensburg, Franklin County, PA 17257. ### Respondent is Plaintiff, HOLLY D. KENNEDY, (hereinafter "Mother"), who currently resides at 302 Stonehouse Road, Carlisle, Cumberland County, PA 17013. ### Petitioner and Respondent are the natural parents of the following child: Name Age DEANNA E. KENNEDY 5 years ### A custody order was entered on 07/16/2010, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. ### Petitioner seeks to modify the custody order because of the following factors and changes in circumstances: i. Mother dissolved her relationship with Troy Swartz, whom she testified to be her fiance, in less than a month following the current order of custody. Mother moved herself, Deanna and her half-sibling, Hannah Swartz, into Deanna's maternal grandmother's home. Pd. 1$W40 A W psh R? 9 A3 3,;tq ii. Father has reason to believe that both children and their mother share one bedroom in this dwelling. iii. It is the Father's belief that it will be in Deanna's best interest if she lives in a stable home environment that provides a reasonable amount of personal space for Deanna and all parties living in the home. iv. Father is concerned that Deanna does not get adequate rest during the week when she attends school and that her current living arrangement will affect her performance and overall well-being. V. It shall be noted that Mother began a new relationship within a substantially short period of time after moving out of her shared residence with Troy Swartz. vi. Father feels that Deanna will benefit from the consistency of his relationship with his wife, Mekayla Kennedy, and the stable, positive environment they maintain for themselves and Deanna. vii. Father has been denied access to Deanna's health insurance information and physician contact information by Mother. Father contacted insurance company and was informed he is not listed as Deanna's father nor authorized to receive any information regarding her insurance. In addition, Mother did not provide information regarding the delayed enrollment of Deanna into the Capital Area Headstart. viii. Since the denial of requested information Father has obtained medical insurance for Deanna beginning in January 2011 independent of the insurance the Mother has for Deanna and shall continue to maintain insurance for Deanna as long as she remains an eligible dependant. ix. Father was responsible for contacting Capital Area Headstart to inquire about the status of Deanna's enrollment. The proposed start date was set forth by Mother due to her inability to situate her work schedule to allow Deanna to begin attending any sooner than November 17, 2010 as told to Father by the teacher. Father pro-actively volunteered to transport Deanna so that she may begin attending as soon as possible. Deanna began attending on November 4, 2010 and Father transported her to/from school until the end of the week. X. Father understands the complexity of enrollment and it may have been delayed by the need to establish primary custody. However, Mother refused to release information regarding the process, refused to allow Deanna to attend a program with an immediate opening, and refused the offer of transportation assistance if Deanna could be enrolled in Shippensburg Headstart while still maintaining previous custody order of week on/week off schedule. xi. Father recognizes the presence of Deanna's half-sibling, Hannah Swartz, had made the Mother's home more desirable to maintain their sisterly bond as addressed in the current order of custody. However, Hannah's presence in the home is no longer constant as she will have periods of time outside the Plaintiff's residence with her father, Troy Swartz. Furthermore, Father feels that either parent's choice to have children should not influence the decisions regarding Deanna's primary residence. Father intends to support the bond that has been created between Deanna and her half- sibling, Hannah, through open communication between the siblings and participation in activities for the siblings upon mutual agreement of all parties. It shall be noted, that Father and his wife, Mekayla Kennedy, intend to have children in the near future thus further supporting the belief that primary physical custody for Deanna should not be influenced by the presence of half-siblings in either home. xii. Father has made reasonable attempts to communicate in a positive manner regarding Deanna's needs and upbringing as per the shared legal custody of Deanna. Mother refuses to communicate amicably, without regard to create a shared view of Deanna's upbringing, including but not limited to alternating Deanna's physical appearance without mutual consent, discussing general health concerns, the importance of punctuality during exchanges, denying Father as authorized to pick up Deanna from Headstart in his attempt to alleviate the consistent issue of Mother's lack of punctuality and refusal to allow additional periods of time with Deanna other than what has been specifically addressed in the current order of custody. #0 Petitioner believes the custody order should be changed as follows: Father shall have primary physical custody and Mother shall have periods of partial physical custody. Deanna would remain in the Capital Area Headstart Program for the remainder of the school year and Father will transport her to/ from school each day. On a three week cycle, Mother shall have Deanna two weekends in a row beginning on Friday where she will pick Deanna up at Headstart upon its completion of the school day until Sunday at 4:00 p.m. Father shall have custody on the third weekend. Throughout the remainder of Deanna's enrollment in Capital Area. Headstart, Mother shall have a period of custody each Wednesday from 9:00 a.m. to 4:00 p.m. Holidays shall follow the same schedule as previous custody order. Winter break shall be addressed more specifically whereas the party having Deanna for Christmas shall begin their period of custody the day school begins winter break at 4:00 p.m. and the other party shall have Deanna the day after Christmas until Sunday at 4:00 p.m. prior to school resuming. Halloween shall also be included in the holiday schedule whereas on even numbered years Mother shall have custody from 5:00 p.m. to 9:00 p.m. on the designated Trick or Treat evening. Summers shall be the same as previous order in which both parties shall share custody on a week on/week off schedule and exchange taking place on Sundays at 4:00 p.m. In matters of transportation, receiving party shall be responsible for transportation. Father shall enroll Deanna in the district in which he resides for Kindergarten and all future academic years. The proposed three week cycle shall be in effect during future academic years with Mother picking up Deanna at 4:00 p.m. on Friday from Father's residence. During Deanna's enrollment in Kindergarten and beyond, Mother shall have additional periods of time, subject to the mutual agreement of both parties, to help support the bond between Mother and Deanna in addition to the bond between Deanna and her half-sibling, Hannah. WHEREFORE, Petitioner respectfully requests that this Court modify the Order as requested. Date: 1- 6, - ,;-°// JO HUA A. KENNEDY, Defendan Verification I, JOSHUA A. KENNEDY, Defendant, verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. 14904 relating to unworn falsification to authorities. Date: D // ??--- - -- JO HUA A. KENNEDY, Defendant HOLLY D. KENNEDY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA cxs :?- 2007-1159 CIVIL ACTION LAW , ,r- 71 JOSHUA A. KENNEDY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, Januar y 07, 2011 , upon consideration of the attached Compla int, 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 Thursday, February 03, 2011`__ 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. 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/ • jacqueline M. Verne Es q. 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. &4 d? X441 (2o fy ms1 (sL Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 J.y ?k, tjll. Il?.?,?r a ,44? J.UEetixy HOLLY D. KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JOSHUA A. KENNEDY, Defendant : NO. 2007-1159 : IN CUSTODY ORDER OF COURT CIVIL ACTION -O AW -a z ? z cn r" w r AND NOW, this day of 2011 u 'M1on consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: rnr- -Orn ?:Dc --ra I . The prior Order of Court dated July 16, 2010 shall remain in frill force and effect except for the following modification. 2. The parties shall cooperate with play therapy for the child if her primary care physician recommends it. 3. 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. Another Conciliation Conference is scheduled for May 4, 2011 at 8:30 a.m. BY THE COURT, 4lbert . Masland, J. /cc: Joshua A. Kennedy, pro se 9920 Tower Road Apt 2 Shippensburg, PA 17257 !I Nathan C. Wolf, Esquire, Counsel for M dl'D6 other s HOLLY D. KENNEDY, Plaintiff V. JOSHUA A. KENNEDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-1159 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Albert H. Masland, J. 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF Deanna Elizabeth Kennedy December 5, 2005 Mother 2. A Conciliation Conference was held in this matter on February 3, 2011, with the following in attendance: The Father, Joshua A. Kennedy, and the Mother, Holly D. Kennedy, with her counsel, Nathan C. Wolf, Esquire. 3. The Honorable Albert H. Masland previously entered an Order of Court dated July 16, 2010 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody every weekend from Friday to Monday. 4. The parties agreed to an Order in the form as attached. '?? - s - / i Date Jac line M. ?VemEsquire Custody Conciliator HO LLY D. KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-1159 CIVIL ACTION - LAW JO HUA A. KENNEDY, Cl) . Defendant MIS : IN CUSTODY im ,, rn as ORDER OF COURT a ? z ? ? AND NOW, this 21St day of April, 2011, being advised that the parties dd no`t'' req ire another Conciliation Conference, the Conciliator hereby relinquishes jurisdiction in t is matter. FOR THE COURT, ??= /IG acq line M. Verney, Esquire, Custo Conciliator HOLLY D. KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-1159 CIVIL ACTION - LAW JA A. KENNEDY, Defendant : IN CUSTODY JUDGE: Albert A. Masland, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL :EDURE 1915.3-8, the undersigned Custody Conciliator submits the following 1. The pertinent information concerning the Child who is the subject of this iti tion is as follows: DATE OF BIRTH Elizabeth Kennedy December 5, 2005 CURRENTLY IN CUSTODY OF Mother 2. A telephone Conciliation Conference was held April 21, 2011 with the following individuals in attendance: The Mother, Holly D. Kennedy, with her counsel, Nathan C. Wolf, Esquire, and the Father, Joshua A. Kennedy, pro se. 3. The Honorable Albert A. Masland previously entered Orders of Court date February 3, 2011 and July 16, 2010 providing for shared legal custody, with Mother having primary physical custody and Father having periods of partial physical. 4. The parties requested that no additional Order be entered Date Jac line M. Verney, Esquire, (J Custody Conciliator