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Home My WebLink About03-0416 KELLY MICHAEL MAYBERRY, .Ii>laintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KAREN LEE CONRAD, Defendant CIVIL ACTION - LAW CUSTODY C~;L ~~ VS. NO. 0:3 - ~/b qOMPLAINT FOR PRIMARY PHYSICAL CUSTODY AND NOW, this 24th day of January, 2003, comes the Plaintiff, Kelly Michael Mayberry, by his Attorney, Arthur K. Dils, Esquire, and respectfully requests the following: 1. Your Plaintiff is Kelly Michael Mayberry, an adult individual, age 35 ye~rs, who currently resides at 233 South Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Karen Lee Conrad, an adult individual, age 34 years, who currently resides at 73 Greenmont Drive, Enola, Cumberland C(>unty, Pennsylvania 17025. 3. The Plaintiff and Defendant were married; and as a result of said marriage, two children were born; namely: Heather Lee Mayberry, born January 23, 1988 and Zackery Michael Mayberry, born January 31, 1~90. The parties were subsequently divorced in 1991. 4. The Plaintiff, Kelly Michael Mayberry, avers that it is in the best interest of his children that he be granted shared legal and primary physical custody of his minor children. 5. The Plaintiff is better able to provide a stable environment for his children. 6. A change in primary physical custody will not require a change of school for the minor children. 7. The Plaintiff has a three bedroom home where his children will have their own bedrooms, whereas the Defendant currently resides with her estranged husband and four other children, and the Defendant is currently pregnant with her seventh child whose father is her current boyfriend. 8. The Plaintiff resides with his paramour of twelve years. 9. The minor children have resided at the following addresses over the last five years: 73 Greenmont Drive, Enola, Pennsylvania 17025. 10. The Court of Common Pleas of Cumberland County has jurisdiction as tlie Plaintiff and the minor children have resided in Cumberland County 2 for at least the last five years and continue to reside in Cumberland County. 11. The Plaintiff has no information of the custody proceedings concerning the children pending in a Court of this Commonwealth or any other state. 12. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. WHEREFORE, your Plaintiff, Kelly Michael Mayberry, by his Attorney, Arthur K. Dils, Esquire, respectfully prays your Honorable Court to grant him shared legal and primary physical custody of his children. Respectfully submitted, BY: ~ / /..') Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, PAl 71 02 (717) 232-9724 J.D. No. 07056 3 VERIFICA TION I verify that the statements made in this COMPLAINT are true and correct. I understand that false statements herein are made subject to ~he penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~~~'-\~ KELLY HAEL HAYBE Y \ Date: January 23, 2003 1 i ~ () 0 0 "" c: W "TI () s: C- :-5 ""Om :0. r:':~ :]] . mrr. ;;:e () :z: :J) ~'(l -- Zr- I'V ::)"'io) -- ?-J 0~.~ OJ (':':;;() W r-::Ci f' :<::: . -0 "rt ~ ~ ;;1>0 ::t= i~\ :.!_1 ~ ~n ;S~ I\~ >c I'V .. _~J ~ Z ::::> ).,,: ~ :0 ........;) 0 -<:: '--<. KELLY MICHAEL MAYBERRY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-416 CIVIL ACTION LAW KAREN LEE CONRAD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, January 31,2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Melissa F. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, FA 17043 on Tuesday, March 11, 2003 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children a~e five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy. Esq. Custody Conciliator of 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. IFYOUDONOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~fI:: '$ ~ 440 to.(8( .~ ~ ~ ~ 8/./F/ 'n5 tv ~ ~ #gp-P{! [Y./Sf V\NVI\lASNN3d JJ.Nn08 ON':r\t\jm'in~ 9'1 :s Hd ,~H~r SO I'll !\.II "".';'-'",-" ,,0.1 (. ';\1, " 1.1 ~"~~~8\-.1:~.~=;'. ,. JCl KELLY MICHAEL MAYBERRY, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 03-416 CIVIL TERM KAREN LEE CONRAD, DEFENDANT : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Karen Lee Conrad. Respectfully submitted, Dated: February 14-, 2003 Susan Kay Cand' PA J.D. # 64998 5021 East Trindle Suite 100 Mechanicsburg P A 17050 (717) 796-1930 o c: < -ore n"'(" z::~;-" ZC. ~~~.. ,....... r-.' y-- )..:::: (- Zt >s::-.; L- _~_l. -< (:J C-..) -'1 rr1 CD ['.) c.: 7::) ~C> MAR 2 5 2003 i KELLY MICHAEL MAYBERRY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-416 CIVIL TERM v. CIVIL ACTION - LAW KAREN LEE CONRAD, IN CUSTODY Defendants ORDER OF COURT AND NOW, this cJ 7~ day of March, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 11. Hearina. A brief hearing will be held I"g~ the / rEI day of (l!i<2/Ul.J ,2003, at :{ i ::16 o'clock r.M:,-atwnlc~ time testimony will be taken.' The purpose of the hearing shall be to address the issue of whether the parties should participate in a custody evaluation with the children, prior to time of trial. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COUR~ 1- J. Oist: Susan Kay Candiello, Esquire, 5021 Trindle Road, Mechanicsburg, PA 17055 Arthur K. Oils, Esquire, Oils & Rupich, 1017 N. Front Street, Harrisburg, PA 17102 ~ ~ 3_';'f~0..3 ~. ....., -.. 'v1NVAlASNN3d ,UNnO:; C~jtnl:::8tll"'~n:) ~u :{1 !'lV 8l ~\H~ 80 )J:fvlC;;'''J(~;:' i..~l~.t_~{~ 38LU()....CEi1i.:i 11"'''\ ::ill MAR 2 5 2003 KELLY MICHAEL MAYBERRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-416 CIVIL TERM v. CIVIL ACTION - LAW KAREN LEE CONRAD, IN CUSTODY Defendants TEMPORARY ORDER OF COURT AND NOW, this 'J,!,'" day of March, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Parties. The parties, Kelly Michael Mayberry and Karen Lee Conrad, shall have shared legal custody of the minor children, Heather Lee Mayberry, born January 23, 1988; and Zackery Michael Mayberry, born January 31, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of 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. 2. Phvsical Custody. The parties shall share parenting time with their children according to the following schedule: A. Beginning March 13, 2003, Father shall have custody from Friday after school until Sunday at 8:00 p.m. It shall be permissible for Mother to take the children to church if Father is not attending church on Sunday mornings. However, on those Sunday's when Father is attending church, Father shall take the children with him to church. B. On all weekends, Father shall have custody from after church until 8:00 p.m. on Sundays. C. Father shall have custody each Tuesday from after school or work until 8:00 p.m. . -", 't;I/NVA1ASNN3d ALNnOl :1~'!i;(1)'F!8VJno ~8:8 ~l11 82(j~~80 AHV10NCi ;:]0 3C)t:J:1(}-03 'Ii:! No. 03-416 CIVIL TERM 3. agree. Holidays. The parties shall continue to share the holidays as they mutually 4. Vacation. Each party shall be entitled to two (2) non-consecutive weeks of vacation to include their custodial weekend. The parties shall provide each other with at least thirty (30) days written notice of their intended vacation time. In the event that the parties have scheduled conflicting vacations, the parent first providing written notice to the other parent shall have the choice of vacation time. 5. Father shall participate in counseling with Zack and Heather. Mother shall cooperate with providing access to the children in order for Father to carry out this endeavor. 6. A hearing is,Jcheduled in Courtroom Number t./ of the Q~mberland County Courthouse, on the &.lfVJ day of ~ ' 2~, at fj { 3cJ o'clock JL.M., at which time testimony will be ken. or the purposes of the hearing, the Father, Kelly Michael Mayberry, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: /1j J. Oist: Susan Kay Candiello, Esquire, 5021 Trindle Roa , Mechanicsburg, PA 17055 \. . Arthur K. Oils, Esquire, Oils & Rupich, 1017 N. Front Street, Harrisburg, PA 17102 / ~ ~ .3 .~.f-Q3 4-. MAR 2 J 2003 ~/ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-416 CIVIL TERM KELLY MICHAEL MAYBERRY, v. CIVIL ACTION - LAW KAREN LEE CONRAD, IN CUSTODY Defendants 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 children who are the subject of this litigation are as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Heather Lee Mayberry January 23, 1988 Zackery Michael Mayberry January 31, 1990 Mother Mother 2. A Custody Conciliation Conference was held on March 11, 2003 with the following individuals in attendance: the Father, Kelly Michael Mayberry and his counsel Arthur K. Oils, Esquire; the Mother, Karen Lee Conrad and her counsel, Susan Kay Candiello, Esquire. The conference was scheduled pursuant to Father's complaint for custody which was filed on January 28, 2003. Father represents that up to this time pursuant to some very general language in the Property Settlement Agreement filed incident to their divorce in 1991, the parties have been able to work out custodial arrangements for the Children in amicable fashion. The Divorce Decree was from Perry County, No. 91-702. 3. Father's position on custody is as follows: Father seeks to change the physical custodial arrangement to primary custody with him because he alleges that he can provide the more stable home for the Children. He also expresses concerns that his fifteen (15) year old daughter has reported to him that she has been out until 2:00 a.m. and was allowed to watch a movie in a bedroom with two (2) boys with apparently, no adult supervision. Father describes his son as dying for attention and needing more time with his Father. Father acknowledges that the daughter does not necessarily tell either parent the same version of events. Father lives in Enola and works for Haas Printing 6:00 a.m. to 2:00 p.m. Monday through Friday. He states his hours are flexible. He resides with his girlfriend of twelve (12) years, Gwen. Father also reports the Children are doing very well in Middle School and High School. No. 03-416 CIVIL TERM 4. Mother's position on custody is as follows: Mother presently resides in Enola with her second husband from whom she soon expects to be divorced. She has four additional children to this marriage and is pregnant to a third gentleman, expecting the new baby in May 2003. Her other children are ages 11, 10, 9 and 2. The marital home has been sold. The settlement is scheduled for April. She has plans to move into a new home in the same school district, just a few streets away. When her boyfriend's divorce is final, she expects that he may move in with her. Mom is a homemaker who does some "light babysitting" and has not worked outside the home since approximately 1993. Mother acknowledges that Zack has been back and forth about living with his Dad. She acknowledges that he wants to have a bond with his Father and is searching for a way to get it. However, Mother does not expect that this will occur. In her experience, the Children tell both parents what it is they want to hear, partially for attention. She reports that Heather does not want to be part of the decision making process for physical custody plans. In conjunction with working out the custodial plan for the divorce from her current husband, Mother has arranged for a temporary shared physical custody plan and counseling for the sibling. Additionally, the parties to that divorce will be participating in a custody evaluation. She has arranged counseling to assist the Children in being better able to say how they really feel rather than saying something for a reaction. Mother denies that the daughter has ever been able to stay out until 2:00 a.m. and disputes Father's concerns with regard to the level of attention and supervision that the Children have during her periods of custody. Mother further alleges that her current husband, Bill, and her ex-husband are conspiring to make her look bad so that each of them may obtain primary custody of their Children. Mother believes that a custody evaluation is appropriate, before the hearing on this matter and offers to pay half of the cost of the evaluation. 5. The parties agreed on an interim modification to this current custodial plan as indicated in the Order as attached. However, Father still requests a hearing for his petition for primary physical custody. He does not believe that a custody evaluation is necessary. A second Order is provided to allow for a brief hearing limited to the issue of whether the parties shall be required to participate in a custody evaluation, and if so, how the cost should be shared, if at all. ..J 1/ 9 (n3 Date elissa Peel Greevy, Esquire Custody Conciliator :210981 vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-416 CIVIL CIVIL ACTION - LA Vi KELL Y MICHAEL MA YBERRY, Plaintiff KAREN LEE CONRAD, Defendant CUSTODY ORDER AND NOW, this I =1'~ day of April, 2003, following hearing, the motion ofthe defendant to compel the plaintiff to pay one-half of the cost of a custody evaluation is DENIED. In the event that the defendant shall choose to pay the cost of said evaluation, the plaintiff is directed to cooperate in an evaluation but nothing herein shall interfere with at least an initial hearing ofthis case as scheduled in July. BY THE COURT, Arthur K. Dills, Esquire F or the Plaintiff /14. Susan Candiello, Esquire F or the Defendant ~ ~ ~~ )-1-0.3 q :rlm Vil'-.rl.jF:11~,SNN3d ,tJ \\:(,(".-, ' ~)."C:'i'ln:) ^ '." .,' t ,'" "j6 -0 Yl \ Z KELLY MICHAEL MAYBERRY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03 - 416 CIVIL TERM KAREN LEE CONRAD, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Susan Kay Candiello, Esquire on behalf of the Defendant, Karen Comad, in the above-captioned action. Date: d-'vw... \ t.{. r --'<.00.3. BYc-('~~ Susan Kay C iii 110, quire 5021 East Trin Ie Ro d, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 PA I.D. No. 64998 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John J. Connelly, Jr., Esquire, on behalf ofthe Defendant, Karen Comad, in the above-captioned action. Date: , g 0 ~ w ::;: '- .-, ~~ c:: :~~I::I.l X ;. r-'" :X' N 0\5 ~~ (...:) '0 co2 L ~EJ -0 ...Jy, ~- ." ~8 ;3': 0- 20 '8 Om :i>c "-l ~ N ;!> (.:> :Q KELLY MICHAEL MAYBERRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-416 CIVIL CIVIL ACTION - LAW KAREN LEE CONRAD, Defendant CUSTODY ORDER AND NOW, this 2. "''" day of July, 2003, after hearing and pending the receipt of proposals from counsel with respect to custody during the school year, the following order is entered with respect to the custody of Heather Mayberry born January 23, 1988, and Zachary Mayberry born January 31,1990, for the remainder of the summer: 1. The parties hereto will alternate custody weekly beginning Sunday, July 27, 2003, at 7:00 p.m., with custody in the father. 2. The parties will alternate custody weekly commencing Sunday at 7:00 p.m. until the commencement ofthe school year. 3. During father's work week, the mother will provide care for the children from 10:00 a.m. until such time as the father picks up the children following his work day. In the event the father takes off of work and notifies the mother, the children shall remain in the custody ofthe father. BY THE COURT, Arthur K. Dills, Esquire - CtJ- ~ ~ For the Plaintiff JohnConnelly,Jr.,Esquire. ~ ~ 7/.2~ For the Defendant </lJ . Hess, 1. :r1m v~r\)'./t~L\S~!N:1d ''"'''',rr, .'--:'.~:I"': lv - t', " ~; L' ,"" ~~1 KELLY MICHAEL MA YBERR Y, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 03-416 CIVIL CIVIL ACTION - LAW KAREN LEE CONRAD, Defendant CUSTODY IN RE: CUSTODY COMPLAINT ORDER AND NOW, this 4' ~ day of August, 2003, following hearing and the submission of written proposals by counsel, the following order is entered with respect to the custody of Heather Mayberry, born January 23, 1988, and Zachary Mayberry, born January 31, 1990: 1. The parties will alternate custody of said children weekly as heretofore ordered with the change in custody to occur on Sundays at 7:00 p.m. 2. During school weeks, the non-custodial parent will have the children after school on Wednesday until Thursday morning when the children return to school. 3. During the summer and on holidays, on days when the father works, the mother will provide care for the children from 10:00 a.m. until such time as the father picks up the children following his work day. In the event the mother is not able to care for the children during any such day, she must give reasonable notice to the father. 4. The parties shall alternate major holidays or divide the days equally, as they shall agree and, in the event they cannot agree, this matter to be referred to conciliation. M1\ior holidays include Labor Day, Thanksgiving, Easter, Memorial Day and the Fourth of July. The Christmas school holiday shall be divided equally and the parties shall alternate halves of the Christmas school holiday each year commencing with the first half of said holiday in 2003 in the father. This provision notwithstanding, the parties shall also alternate the period from Christmas Eve at noon until Christmas Day at noon, and Christmas Day at noon until December 26th at . " liINV^lJ-SNN3d ,t. I ~\r,("J""., rl ,1'~J''''.X=,O:!\,ln'' '>.).."Il\."" ',," "..-.... ,IV LS :11 . _ ""~ M' IJ.- '"'1'1 ','" '''} V -.,',,. J..8VIC:, , :JD noon, commencing in 2003 with the mother having custody from Christmas Eve at noon until Christmas Day at noon. 5. The foregoing notwithstanding, the children will be in the custody of their mother on Mother's Day and their father on Father's Day beginning at 9:00 a.m. on Sunday. 6. Each party shall be entitled to three weeks' vacation during the summer to be used during that party's designated week of custody. Each party must give the other at least thirty days' notice of any pending vacation week. 7. Nothing herein shall prevent the parties from modifYing periods of custody from time to time as they shall mutually agree. BY THE COURT, :r1m . "?~~ '/I/~ O~'Oi -03 .~ ~hur K. Dills, Esquire For the Plaintiff .;fohn Connelly, Jr., Esquire For the Defendant KELLY MICHAEL MAYBERRY, P1aintifflRespondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-416 CIVIL CIVIL ACTION - LAW KAREN LEE CONRAD, DefendantlPetitioner CUSTODY PETITION TO MODIFY EXISTING CUSTODY ORDER AND COMES NOW, Petitioner, Karen Lee Conrad, by lmd through her attorneys, James, Smith, Dietterick & Connelly, LLP by John J. Connelly, Jr., Esquire, and files the following Petition to Modify Existing Custody Order and in support thereof, respectfully represents as follows: 1. The Petitioner is Karen Lee Conrad, Defendant in the above-captioned action, who currently resides at 108 Sgrigno1i Lane, Eno1a, Pennsylvania 17025. 2. The Respondent is Kelly Michael Mayberry, Plaintiff in the above-captioned action, who currently resides at 233 South Eno1a Drive, Eno1a, Pennsylvania 17025. 3. The parties are the parents of two minor children, Heather Mayberry, born January 23,1988 and Zackery Michael Mayberry, born January 31,1990, who are subject of the existing Order. 4. On August 8, 2003, the Court entered an Order confirming equally shared custody to the parents on an alternating week schedule with both minor children. A copy of said Order is attached hereto and marked Exhibit "A". 5. The basis for the change in custody was the expressed preference of the children that the custodial schedule which previously provided for Mother to have primary custody change to an equally shared custody schedule. 6. Over the last several months, the parties' son Zackery has been consistently expressing to both parents his interest in returning to the primary eustody of the Petitioner. 7. In spite of the Petitioner's request of the Respondent that he comply with Zackery's expressed preference that he return to her primary custody, the return has not occurred. The Petitioner believes and therefore avers that it is in the best interest of the parties' son Zackery that he return to the primary custody of the Petitioner based on this expressed preference. WHEREFORE, your Petitioner, Karen Lee Conrad, mquests that the Court modifY the Order of Court dated August 8, 2003, granting her primary physical custody of Zackery Mayberry. Respectfully submitted, JAMES, SMITH, DIETTERlCK & CONNELLY Date: <l \ s II) S B J Conn lly, Jr., Esq me r etitioner Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I verify that the statements made in this Pleading 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 lDlllworn falsification to authorities. Date: <6/2J DS .QrnMUi Lee Conrad, Pl~titioner KELLY MICHAEL MAYBERRY, P1aintifflRespondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-416 CIVIL CIVIL ACTION - LAW KAREN LEE CONRAD, Defendant/Petitioner CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly LLP, attorney for the Petitioner, Karen Lee Conrad, hereby certify that I have served a copy of the foregoing Petition to Modify Existing Custody Order on the following on the date and in the manner indicated below: U.S MAIL. FIRST CLASS. PRE-PAID Arthur K. Di1s, Esquire Di1s & Rupich 1017 North Front Street Harrisburg, P A 17102 Respectfully submitted, JAMES, SMITH, DIETIERICK & CONNELLY Date: q \ 6 \ 0 S KELLY lv.[[CHAEL MAYBERRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 03-416 CIVIL CML ACTION - LAW KAREN LEE CONRAD, Defendant CUSTODY IN RE: CUSTODY COMPLiUNT ORDER AND NOW, this .?~ day of August, 2003, following hearing and the submission of written proposals by counsel, the following order is entered with respect to the custody of Heather Mayberry, born January 23, 1988, and Zachary Mayberry, born January 31, 1990: 1. The parties will alternate custody of said children weekly as heretofore ordered with the change in custody to occur on Sundays at 7:00 p.m. 2. During school weeks, the non-custodial parent will have the children after school on Wednesday until Thursday morning when the children return to school. 3. During the summer and on holidays, on days when the father works, the mother will provide care for the children from 10:00 a.m. until such time as the father picks up the children following his work day. In the event the mother is not able to care for the children during any such day, she must give reasonable notice to the father. 4. The parties shall alternate major holidays or divide the days equally, as they shall agree and, in the event they cannot agree, this matter to be referred to conciliation. Major holidays include Labor Day, Thanksgiving, Easter, Memorial Day and the Fourth of July. The Christmas school holiday shall be divided equally and the parties shall alternate halves of the Christmas school holiday each year co=encing with the fIrst half of said holiday in 2003 in the father. This provision notwithstanding, the parties shall also alternate the period from Christmas Eve at noon until Christmas Day at noon, and Christmas Day at noon until December 26th at noon, co=encing in 2003 with the mother having custody from Christmas Eve at noon until Christmas Day at noon. 5. The foregoing notwithstanding, the children will be in the custody of their mother on Mother's Day and their father on Father's Day beginning at 9:00 a.m. on Sunday. 6. Each party shall be entitled to three weeks' vacation during the summer to be used during that party's designated week of custody. Each party must give the other at least thirty days' notice of any pending vacation week. 7. Nothing herein shall prevent the parties from modifying periods of custody from time to time as they shall mutually agree. BY THE COURT, Arthur K. Dills, Esquire For the Plaintiff ~/j. 4J.. K7:Hess, J. John Connelly, Jr., Esquire F or the Defendant :rlm n.UE COpy FROM RECORD In Testimony whereof, I h, re unto set my hand and the seal of said cou']carliSle, Pa. TtfY~da. Of.:...U. ......,.c6, t.p . rothonotalY~ xJ R it; \t. & "- ........ () ("'- Crt \) n ... "'" ~ ~ c "'" ~ -~ OJ' t F! -oG'l :r:- ~ ao q,')fT\ a;s Z:1:1 CI) _C , :11i (I" 1;< ~/ ".,' cs:> (}J f ~t) 0 ..-,< ?Zo -ct ~~ ----:t- ~O :x c Cd 0 :z: -'< ~ W 55 -< KELLY MICHAEL MAYBERRY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 03-416 CIVIL ACTION LA W KAREN LEE CONRAD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 18, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before M"lissa P. Greevy, Esq. at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, September 09, 2005 , the conciliator, at l:OO-p,JVI for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be prescnt at thc conference. Failure to appear at the conference may provide grounds for entry of a temporary or penn anent 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 hearine. FOR THE COURT. By: Isl Melissa P. Greevy, Bsq. Custody Conciliator rI' The Court of Common Pleas of Cumberland County is required by Jaw to comply with the Americans with Disabilites Act of 1990. For infonnation 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. IFYOU 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 ~ Jw ~ ~ r" ~ Y", [{'.p 'TrY ~ :z ~ ~ >>['e> ~ ~ ~~~'fP 5'(/E~~ V:N\/!\.1),SI\11,,~'~k! In^,~ \""'-'~'(::;:~In'"l AJ.!\IJli.,r 'i: .':i ~1 v S I :8 Hd SZ ~nv ~nD2 Ab\ilONOrl102d 3Hl :10 308:10-0311:1 Plaintiff RECEIVED OrT 07 ?M"V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-416 CIVIL TERM KELLY MICHAEL MAYBERRY, v. CIVIL ACTION - LAW KAREN LEE CONRAD, IN CUSTODY Defendants HESS, J.--- ORDER OF COURT AND NOW, this /z,," day of October, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed that this Court's Order of August 8, 2003 shall remain in full force and effect except as modified below: 1. Phvsical Custody. Mother will have primary physical custody of Zackery Mayberry, born January 31, 1990, subject to Father's rights of partial custody which shall be arranged as follows: A. Commencing October 7, 2005, on alternating weekends, from Friday after school until Sunday at 9:00 p.m. B. Each Wednesday evening after school until 9:00 p.m. 2. Zackery. Father will provide transportation incident to the custodial exchanges for BY THE COURT: Dist: ~n J. Connelly, Jr., Esquire, P.O. Box 650, He hey, PA 17033 /~lIy Michael Mayberry, 233 S. Enola Drive, Enola, PA 17025 /rthur K. Oils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102 '.j~ ~ ;l S:6 '.111 21 I ~'o. ~nil1 .-_.,,.; ....U,j-..J ;0 Plaintiff RECEIVED OCT 0 7 20~ur0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-416 CIVIL TERM KELLY MICHAEL MAYBERRY, v. CIVIL ACTION - LAW KAREN LEE CONRAD, IN CUSTODY Defendants 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 children who are the subject of this litigation are as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Heather Lee Mayberry January 23, 1988 Zackery Michael Mayberry January 31,1990 Mother and Father Mother and Father 2. Mother filed a Petition to Modify Existing Custody Order on August 8, 2005. The last Order in this matter was entered August 8, 2003. A Custody Conciliation Conference was scheduled for September 30, 2005. Attending the Conciliation were: the Father, Kelly Michael Mayberry, pro se; and the Mother, Karen Lee Conrad and her counsel, John J. Connelly, Jr., Esquire. 3. The parties reached an Agreement in the form of Melissa Peel Greevy, Es uire Custody Conciliator 107(0 105 Date :260341