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HomeMy WebLinkAbout03-0395Kristin N. Wiser, Plaintiff VS. Travis E. Kelley, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA : Civil Action - Law : : Custody : : : No. o,T - ..~ COMPLA'rNT FOR CUSTODY 1. The plaintiff is Kristin N. Wiser, residing at 112 - 114 East King Street, Shippensburg, Cumberland County, PA 17257. 2. The defendant is Travis Eugene Kelley, residing at 222 Strohms Road, Shippensburg, Cumberland County, PA 17257 with current mailing address of Cumberland County Prison, 1101 Clairemont Road, Carlisle, Pennsylvania 17013. 3. Plaintiff seeks sole custody of the following children: Name Taylor Cheyanne Kelley Wiser Chelsea Rae Kelley Wiser Present Residence 112 - 114 East King Street Shippensburg, PA 17257 112 - 114 East King Street The children were born out of wedlock. Age 5 16 mos. The children are presently in the custody of Kristin N. Wiser who resides at 112 - 114 East King Street, Shippensburg, Cumberland County, PA 17257. During the past five years, the children have resided with the following persons and at the following addresses: (List all Persons) Kristin Wiser Theodore R. Wiser Ruth M. Wiser (List all Addresses) 112 - 114 East King Street Shippensburg, PA 17257 (Dates) birth to present The mother of the children is Kristin N. Wiser, currently residing at 112 - 114 East King Street, Shippensburg, Cumberland County, PA 17257. She is single. The father of the children is Travis E. Kelley, currently residing at Cumberland County Prison, but with a residence address of 222 Strohms Road, Shippensburg, Cumberland County, PA 17257. He is single. 4. The relationship of plaintiff to the children is that of natural mother. The plaintiff currently resides with the following persons: Name Relationship to children Theodore R. Wiser Ruth M. Wiser The children maternal grandfather maternal grandmother 5. The relationship of defendant to the child is that of natural father. The defendant currently residents with the following persons: Name Relationship to children Roger Kelley Deborah Kelley Amber Kelley paternal grandfather paternal grandmother cousin 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 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. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because (set forth facts showing that the granting of the relief requested will be in the best interest and permanent welfare of the children): A. The children are bonded to Plaintiff, Kristin Wiser, hereinafter Mother, as she has been their primary nurturing parent since birth. B. Defendant, hereinafter Father, has never resided with the children, but had developed a relationship with Taylor, the older child, before he was incarcerated in January, 2002. C. Mother provides a warm, stable and loving environment in which both children have flourished. D. After Taylor's birth, Father regularly used controlled substances, as a result of which, Mother would not permit Father to have unsupervised time with the child. E. Father would visit with Taylor a few hours two or three times a week at Father's parents' home with Mother present at all times. F. Father failed to supply any child support; instead Father would take money from Mother. G. Father would frequently physically assault Mother in the presence of the children. H. Father has punched Mother, pulled Mother's hair, hit her on the side of the head with a tire iron, hit Mother with his car while Mother was carrying the infant child, Taylor, and bitten Mother. For Christmas, 1998, Father bought a number of items for Taylor. child was given the items on Christmas afternoon; but, the child was not permitted to take any of the items home with her. Mother learned a few days later that Father had returned all the gifts to the stores where the items were purchased. The J. Father continued a regular course of assaulting Mother until April 2000, when he began a series of incarcerations and releases. K. At some point Taylor was given a "Barbie" Jeep by her paternal grandparents. Father took the toy back and returned it for money, depriving the child of the toy. L. Even though Father's time with Taylor was limited, he would frequently ignore the child once he had taken Mother and Taylor to his parents' home. M. Tn November, 1999, Father took checks from Mother's parents and forged them so that Mother's parents have lost about $2,000. N. Father was arrested and pled guilty to forgery in April 2000, for which he was sentenced to 15 days to 23 months at Cumberland County Prison. He had a number of probation violations. O. Father was arrested for additional forgeries in February 2002, for which he was sentenced to three sentences of a month to six months to run after the completion of the original sentence. P. Since April 2000, Father has rarely seen Taylor, and only spent a few hours with Chelsea when she was an infant. Father has attempted to frequently talk with Taylor on the telephone. Q. Father was on work release in June, 2002, when he escaped. R. Father has now been sentenced to an additional six to twelve months incarceration for the escape and his earliest release date is believed to be November, 2003. S. Since Father's initial arrest in November, 1999, Father saw Taylor for a few hours approximately alternate weekends until July 2001. T. Father has no relationship with Chelsea, having only spent a few hours with the child when she was only four months old. [Father had a month out of prison in November, 2001]. U. Father frequently calls Mother in attempts to talk with the children; however, usually Taylor refuses to talk to Father and has hung up the telephone herself. Father then argues with Mother in an attempt to control Mother. V. It is believed and therefore averred that Father intended to take Taylor with him when he escaped from Cumberland County prison as he had previously threatened to take Taylor from child care or school. W. ]:n the summer of 1999, Mother's parents were awakened at 2:30 a.m., by a stranger. The stranger demanded that Mother's parents pay for Father's drugs or he would harm Taylor. Mother's parents immediately called the police. X. Mother was just sixteen years old when Taylor was born. Since then she has completed high school and the vocational program to become a nursing assistant. Mother is a licensed CNA. Y. Mother works at Shippensburg Health Center, working day shift from 6:00 a.m., to 2:30 p.m. Z. Mother fears that Father may, upon escape or release from prison, appear at Taylor's school and take her. AA. Mother believes that it is in the best interest of the two children that Father attend a regular course of supervised visitation with the children before any partial custody was undertaken. BB. Based upon Father's drug use, criminal activity, physical abuse, and prison sentences, Mother believes and therefore avers that she should be granted sole custody of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. Wherefore, plaintiff requests the court to grant her sole legal custody and sole physical custody with defendant to have sole custody of the children. Barbara B. Tg/wn-sen~l; Esq. ' Attorney for ?laintiff, Kristin N. Wiser S.Ct.# 23174 32 West Queen Street Chambersburg, PA 17201-2121 (717)267-3244 I hereby verify that the facts set forth in the foregoing instrument are true and correct to the best of my knowledge, information and belief, and that I make this verification subject to the penalties of 18 Pa.C:.8. 4904 relating to unswom falsification to Authority, as authorized by the .ludieial Code and Pennsylvania Rules of Civil Procedure. KRISTIN N. WISER PLAINTIFF TRAVIS E. KELLEY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-395 CIVIL ACTION LAW ~'CUSTODY ORDER OFCOI~T AND NOW, Friday, January 31, 2003 , 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, February 25, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an ell'on will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to avvear at the conference may provide grounds for entry of a temporary or permanent oMer. 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 l~rior to scheduled hearinl~. FOR THE COURT. By: /s/ _[acqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the' court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Kristin N. Wiser, · Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA Civil Action - Law Vs. · Custody Travis E. Kelley, · Defendant · No. 03-395 AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA : : SS COUNTY OF (I) I am an adult individual; (2) I am not a party of the above captioned matter; and (3) I served a true and correct copy of the Order of Co.u_~plaint for Custody upon . Travis I~. Kelley by hand delivering it to him at ~~'r'c,~r.~;/~.~/,e~,,,:/~/~/~ on ~-'~.,~. '7'°''~ ,2003, at. ?0 :[-~"clock d~_.m. - -~"~"~ Sworn a,n~.ubscribed to before me this ~' day of~ _, 2OO~_ Notary Public ·. ~ o. Steed, Nota~, Pm~c ,,..~,~_. Twm C~ Corny , ._ "~/. ~ Expires JW 24, 2006 FEB 26 2003 KRISTIN N. WISER, Plaintiff V. TRAVIS E. KELLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-395 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this ~-,g' day of fx3~,~ ,2003, upon consideration of the attached Custody Conciliation R6port, it is ordered and directed as follows: 1. The Mother, Kristin N. Wiser, shall have sole legal and physical custody of Taylor Cheyanne Kelley Wiser, bom July 4, 1997 and Chelsea Rae Kelley Wiser, born July 24, 2001. 2. Beginning March 1, 2003, Mother shall arrange for the Children to visit Father at the Cumberland County Prison for a secure visit. This arrangement shall continue every 4 weeks. After two such visits, Mother shall assess whether the visits with Father are having adverse effects on the Children. If adverse effects are seen, and Mother intends to discontinue the visits, Mother's counsel shall contact the Conciliator and request the scheduling of a hearing on the issue of prison visits. If the Children do not exhibit adverse effects from the visits, said visits shall continue every 4 weeks. 3. Father is also entitled to telephone contact with the children every Monday and Thursday at 6:00 p.m. Mother shall take the Children to the paternal Grandmother's home for said telephone calls. 4. This Order is entered pursuant to 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. BY THE CO_/URT, rare Counsel for ~/~' /C"~/~r~ J. cc: Barbara B. Townsend, Esq ' , - ~>tutnct Richard L. Webber, Esquire, Counsel for F~her / ~ ~ ~' ~ 3. o3 KRISTIN N. WISER, Plaintiff TRAVIS E. KELLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2003-395 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY 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: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH Taylor Cheyanne Kelley Wiser July 4, 1997 Chelsea Rae Kelley Wiser July 24, 2001 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held in this matter on February 25, 2003, with the following individuals in attendance: The Mother, Kristin N. Wiser, with her counsel, Barbara B. Townsend, Esquire; Father, Travis E. Kelley, with his counsel, Richard L. Webber, Esquire. 3. The parties agreed to an order in the form as attached. Date ~y, Esquire Custody Conciliator MIDPENN LEGAL SERVICES By: Paul D. Edger, Esquire Supreme Court I.D. 312713 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243 -9400 pedger @midpenn.org Attorney for Defendant KRISTIN N. WISER, Plaintiff V. TRAVIS E. KELLEY Defendant : IN CUSTODY Prior Judge: Hon. Kevin A. Hess PETITION FOR MODIFICATION AND NOW comes the Defendant, Travis E. Kelley, by and through his attorney Paul D. Edger, Esquire of MidPenn Legal Services, and avers the following in support of his Petition for Modification: 1. The Plaintiff /Respondent is Kristin N. Wiser (hereinafter "Mother "), an adult individual with a record address of 4 Robin Lane, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant /Petitioner is Travis E. Kelley (hereinafter "Father "), an adult individual with a record address of 819 Crescent Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of the minor Children, Taylor Cheyanne Kelley Wiser, whose date of birth is June 4, 1997, and Chelsea Rae Kelley Wiser, whose date of birth is July 24, 2001 (hereinafter the "Children "). iI_° L,J- 1E , J <<J H 2011i APR 15 PM I: 0? CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA • • : NO. 2003-395 CIVIL TERM - LAW 4. On February 28, 2003, the Honorable President Judge Kevin A. Hess entered an Order of Custody awarding sole legal and physical custody to Mother due to Father's incarceration. A true and correct copy of the Custody Order is attached hereto as Exhibit "A." 5. Father was incarcerated in the State Correctional Institute since 2009, due to convictions for Forgery, Theft by Unlawful Taking, Possession of a Firearm, and Burglary. Father was paroled in March 2014. 6. Since his release from incarceration, Mother has denied Father all forms of visitation with the Children, as well as the ability to communicate through any written electronic method. 7. Father understands that the Children are of an age in which they may have no interest in reunifying with Father. However, Father wishes to attempt reunification through visitation so that he may be involved in the Children's lives. 8. Father has filed simultaneously with this Petition to Modify a verified Criminal Record /Abuse History Verification. 9. On April 14, 2014, undersigned counsel spoke with Attorney Barbara Townsend, Esq. who represented Mother during the custody action in 2003. Attorney Townsend stated she was unsure whether she would be retained to represent Plaintiff due to this current Petition due to the time which has passed between the actions, and as such had no position concerning this Petition. 10. Father seeks to modify the current custody order, to include language providing for visitation with the Children and any other terms which are in the best interests of the Child. WHEREFORE, the Defendant Travis E. Kelley respectfully requests this Honorable Court to modify the existing custody order with terms that are in the best interests of the Children. Date: L'161114 Respectfully Submitted, ervices Paul D. Edger, Esquire Supreme Court I.D. 312713 401 E. Louther St., Suite 103 Carlisle, PA 17013 (717) 243-9400 Attorney for Defendant VERIFICATION I, Travis E. Kelley, verify that the statements made in the above pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Nf 111 Ji N Travis E. Kelley Exhibit "A" KRISTIN N. WISER, Plaintiff V. TRAVIS E. KELLEY, Defendant FEB 2 6 2003 v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-395 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 20' day of ftLr,v a , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Kristin N. Wiser, shall have sole legal and physical custody of Taylor Cheyanne Kelley Wiser, born July 4, 1997 and Chelsea Rae Kelley Wiser, born July 24, 2001. 2. Beginning March 1, 2003, Mother shall arrange for the Children to visit Father at the Cumberland County Prison for a secure visit. This arrangement shall continue every 4 weeks. After two such visits, Mother shall assess whether the visits with Father are having adverse effects on the Children. If adverse effects are seen, and Mother intends to discontinue the visits, Mother's counsel shall contact the Conciliator and request the scheduling of a hearing on the issue of prison visits. If the Children do not exhibit adverse effects from the visits, said visits shall continue every 4 weeks. 3. Father is also entitled to telephone contact with the children every Monday and Thursday at 6:00 p.m. Mother shall take the Children to the paternal Grandmother's home for said telephone calls. 4. This Order is entered pursuant to 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. BY THE CO RT, cc: Barbara B. Townsend, Esquire, Counsel for other Richard L. Webber, Esquire, Counsel for F. a er f- 3. 03 KRISTIN N. WISER, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS E. KELLEY, Defendant PRIOR JUDGE: None : 2003-395 CIVIL TERM : 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Cheyanne Kelley Wiser July 4, 1997 Mother Chelsea Rae Kelley Wiser July 24, 2001 Mother 2. A Conciliation Conference was held in this matter on February 25, 2003, with the following individuals in attendance: The Mother, Kristin N. Wiser, with her counsel, Barbara B. Townsend, Esquire; Father, Travis E. Kelley, with his counsel, Richard L. Webber, Esquire. 3. The parties agreed to an order in the form as attached. 3 - .zs Date cqu- ne M. Verney, Esquire Custody Conciliator KRISTIN N. WISER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-395 CIVIL TERM - LAW TRAVIS E. KELLEY Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Paul D. Edger, Esquire, Attorney for the Defendant Travis E. Kelley, state that I did mail a copy of the foregoing document upon the following individual(s) and in the manner indicated below: USPS First Class Mail Date: L44 / 5 --1 iii Ms. Kristin Wiser 112 -114 E. King Street Shippensburg, PA 17257 P.ul D. E. _ squire KRISTIN N. WISER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-395 CIVIL TERM - LAW TRAVIS E. KELLEY Defendant : IN .CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, Travis E. Kelley, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal homicide) ❑ 18 Pa.C.S. § 2702 (relating to aggravated assault) ❑ 18 Pa.C.S. § 2706 ❑ ❑ (relating to terroristic threats) ❑ 18 Pa.C.S. § 2709.1 ❑ ❑ (relating to stalking) f' Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges LI 18 Pa.C.S. § 2901 (relating to kidnapping) Lil 18 Pa.C.S. § 2902 0 0 (relating to unlawful restraint) 0 18 Pa.C.S. § 2903 (relating to false imprisonment) 18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. § 3121 (relating to rape) 18 Pa.C.S. § 3122.1 (relating to statutory sexual assault) 18 Pa.C.S. § 3123 El (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. 3124.1 (relating to sexual assault) 1:1 Check all that apply Crime Self Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges LI 18 Pa.C.S. § 3125 0 0 (relating to aggravated indecent assault) 18 Pa.C.S. § 3126 El (relating to indecent assault) 18 Pa.C.S. § 3127 0 0 (relating to indecent exposure) 18 Pa.C.S. § 3129 EJ (relating to sexual intercourse with animal) 18 Pa.C.S. 3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. § 3301 0 0 (relating to arson and -related offenses) Lil 18 Pa.C.S. § 4302 (relating to incest) 18 Pa.C.S. § 4303 El (relating to concealing death of child) Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or Pending charges 18 Pa.C.S. § 4304 (relating to endangering welfare of children) 18 Pa.C.S. § 4305 (relating to dealing in infant children) 0 18 Pa.C.S. § 5902(b) 0 0 (relating to prostitution and related offenses) 1=1 18 Pa.C.S. §5903(b)/(d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. § 6301 (relating to corruption of minors) 18 Pa.C.S. § 6312 (relating to sexual abuse of children) Lil 18 Pa.C.S. § 6318 Li (relating to unlawful contact with minor) Lil 18 Pa.C.S. § 6320 0 0 (relating to sexual exploitation of children) Check Crime If Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges 0 23 Pa.C.S. 6114 0 0 (relating to contempt for violation of protection order or agreement) LI Driving under the influence of drugs or alcohol Manufacture, sale., delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member A finding of abuse by a Children & 0 0 Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the 0 0 Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Check all that apply Self Other Date household member ❑ Other: 3.. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: T. ` A� 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or member of the other party's household has or have a criminal /abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 11 -ID ' y Travis. E. Kelley KRISTIN N. WISER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-395 CIVIL TERM - LAW TRAVIS E. KELLEY Defendant : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPER'S To the Prothonotary: Kindly allow Travis E. Kelley, Defendant in the above-captioned matter, to proceed in forma pauperis. I, Paul D. Edger, Esquire of MidPenn Legal Services, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Date: LI 11611 Li Respectfully Submitted, M. enn Le�F ervices Paul D. Edger, Esquire Supreme Court I.D. 312713 401 E. Louther St., Suite 103 Carlisle, PA 17013 Attorney for Defendant 7-7J Cc.! 0 KRISTIN N. WISER PLAINTIFF v. TRAVIS E. KELLEY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003 -395 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT Q AND NOW, Wednesday, April 16, 2014 , upon consideration of the attached Complijit, itj hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, May 21, 2014 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in- person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s Custody Conciliator The Court of Common Pleas of Cumberland County k 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 KRISTIN N. WISER, : IN THE COURT OF COMMON PLEAS Plaintiff : COUNTY OF CUMBERLAND, PENNSYLVANIA v. : Docket No. 2003-395 TRAVIS E. KELLEY, : CIVIL TERM - LAW Defendant : In Custody PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the Plaintiff, Kristin N. Wiser, in the above - captioned matter. Dated: //6/j�/ Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Respectfully Submitted, Marylou M 'tom. s, Esquire Saidis, Sullivan & Rogers Attorney ID #84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 KRISTIN N. WISER, : IN THE COURT OF COMMON PLEAS Plaintiff : COUNTY OF CUMBERLAND, PENNSYLVANIA v. TRAVIS E. KELLEY, Defendant • • Docket No. 2003-395 : CIVIL TERM - LAW : In Custody CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, Kristin N. (Wiser) Thompson, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to an of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of all that , household conviction, apply member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch.25 ❑ ❑ (relating to criminal homicide) ❑ 18 Pa.C.S. §2702 ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ ❑ (relating to terroristic threats) 18 Pa.C.S. §2709.1 ❑ ❑ (relating to stalking) ❑ 18 Pa.C.S. §2901 ❑ (relating to kidnapping) c-7 Sentence rri rq c/a r rte— .^ > c co 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restrant) 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) 18 Pa.C.S. §2910 ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. §3121 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. §3123 El ❑ (relating to involuntary deviate sexual Intercourse) 18 Pa.C.S. §3124.1 ❑ (relating to sexual assault) ❑ 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) ❑ 18 Pa.C.S. §3127 ❑ ❑ (relating to indecent exposure) f 0 ❑ 18 Pa.C.S. §3129 ❑ ❑ (relating to sexual intercourse with animals) ❑ 18 Pa.C.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 Pa.C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ • 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903 ❑ ❑ (c) or (di (relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors ❑ 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children1 ❑ 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 23 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of Protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol El Manufacture, sale, ❑ ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have history of violent or abusive conduct including the following: Check Self Other Date all that household apply member 0 A finding of abuse by Children & Youth 0 ❑ T Agency or similar agency in Pennsylvania Or similar statute in another jurisdiction ❑ Abusive conduct as defined under the ❑ ❑ Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. L� Si nature of Kristin Date: rr iLD.2101k4 Wiser) Thompson f It irj i n �� ser i�ilf3��(1�c Y1 Printed Name KRISTIN N. WISER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS E. KELLEY, Defendant : NO. 2003-395 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this S" day oftrawl. , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated February 28, 2003 shall remain in full force and effect with the following modification. 2. Father shall have periods of supervised visitation with Chelsea for one hour for four consecutive Sundays beginning June 8, 2014 from 5:00 p.m. to 6:00 p.m. at the Southampton Township Park on Airport Road in Shippensburg, Pennsylvania. Mother shall be the supervisor. 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 Tuesday, July 1, 2014 at 8:30 a.m. BY THE COURT, cc: ul D. Edger, Esquire, MidPenn Legal Services, and Counsel for Father Marylou Matas, Esquire, Counsel for Mother 'eS fri...4 - LJ Y KRISTIN N. WISER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-395 CIVIL TERM TRAVIS E. KELLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Cheyanne Kelley Wiser July 4, 1997 Mother Chelsea Rae Kelley Wiser July 24, 2001 Mother 2. A Conciliation Conference was held in this matter on June 3, 2014, with the following individuals in attendance: The Father, Travis E. Kelley, with his counsel, Paul D. Edger, Esquire, MidPenn Legal Services, and the Mother, Kristin N. Wiser, with:41 her counsel, Marylou Matas, Esquire. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated, February 28, 2003 providing for Mother to have sole legal and sole physical custody of the children with Father having visits in prison. `~ 4. The parties agreed to an order in the form as attached. Date acq -line M. Verney, Esquire wLLet Custody Conciliator KRISTIN N. WISER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS E. KELLEY, Defendant : NO. 2003-395 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT r\.) AND NOW, this "7 ' day of, 2014, upon consideration of the attached Custody Conciliate n Report, it is ordered and directed as follows: 1. The prior Order of Court dated February 28, 2003 shall remain in full force and effect with the following modification. The Order of Court dated June 5, 2014 is hereby vacated. 2. Beginning Thursday, July 3, 2014 Father shall have periods of visitation with Chelsea for three hours for two consecutive Thursdays, from 5:00 p.m. to 8:00 p.m. The first hour thereof shall be supervised by Mother. The parties shall meet at the Southampton Township Park on Airport Road in Shippensburg, Pennsylvania. Father may take the child to a public place or to Grandma Martha's house. Father shall be responsible for returning the child to Mother's home. 3. Beginning Sunday, July 20, 2014, Father shall have periods of visitation with Chelsea for 5 hours for six consecutive Sundays, from 3:00 p.m. to 8:00 p.m. The first hour may be supervised by Mother after considering Chelsea's feelings. Father shall be responsible for all transportation. 4. The parties shall cooperate with counseling for Chelsea. 5. Father shall have reasonable telephone contact with Chelsea. 6. Counsel for Father shall provide proof of Father's medical condition to Mother's counsel. 7. Neither party shall do nor permit a third party to do, or say anything that would estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for Tuesday, September 2, 2014 at 9:30 a.m. BY THE COURT, cc: P »1 Edger, Esquire, MidPenn Legal Services, and Counsel for Father arylou Matas, Esquire, Counsel for Mother CorEg/ 'Li'LEL 744/ KRISTIN N. WISER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-395 CIVIL TERM TRAVIS E. KELLEY, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Cheyanne Kelley Wiser July 4, 1997 Mother Chelsea Rae Kelley Wiser July 24, 2001 Mother 2. A Conciliation Conference was held in this matter on July 1, 2014, with the following individuals in attendance: The Father, Travis E. Kelley, with his counsel, Paul D. Edger, Esquire, MidPenn Legal Services, and the Mother, Kristin N. Wiser, with her counsel, Marylou Matas, Esquire. 3. The Honorable Kevin A. Hess previously entered Orders of Court dated February 28, 2003 and June 5, 2014 providing for Mother to have sole legal and sole physical custody of the children with Father having supervised visits for one hour with the younger child. 4. The parties agreed to an order in the form as attached. Date f acq - line M. Verney, Esquire Custody Conciliator KRISTIN N. WISER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-395 CIVIL TERM c TRAVIS E. KELLEY, : CIVIL ACTION - LAW Mm r Defendant W r -77I —<v : IN CUSTODY ORDER OF COURT AND NOW, this 7 day of 4 y....A ti , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: CO 1. The prior Orders of Court dated February 28, 2003 and July 7, 2014 shall remain in full force and effect with the following modifications and additions. 2. The Mother, Kristin N. Wiser and the Father, Travis E. Kelley, shall have shared legal custody of Chelsea Rae Kelley Wiser, born July 24, 2001. 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. 3. Father shall have periods of partial physical custody of Chelsea as follows: A. Sunday, September 7, 2014 from 10:00 a.m. to 6:00 p.m. B. Alternating weekends, beginning September 13, 2014, overnight from Saturday at 10:00 a.m. to Sunday at 5:00 p.m. Said overnights shall occur at Grandma Martha's home. C. Alternating Thursdays, beginning September 18, 2014 from 5:00 p.m. to 8:00 p.m. D. Such other times as the parties agree. 4. Holidays shall take precedence over the regular custody schedule: A. Thanksgiving shall be shared such that Father shall always have physical custody from 9:00 a.m. to 3:00 p.m. and Mother shall always have physical custody from 3:00 p.m. to 9:00 p.m. B. Christmas: Mother shall always have physical custody from Christmas Eve at 12:00 noon to Christmas Day at 9:00 a.m. and on Christmas Day from 3:00 p.m. to December 26 at 12:00 Noon. Father shall always have physical custody from Christmas Day at 12:00 a.m. to 3:00 p.m. and from December 26 at 12:00 noon to December 28 at 12:00 noon. 5. Father shall provide his medical history to Mother's counsel by September 12, 2014. 6. Mother has the right to request Father obtain a drug and alcohol test. Father shall comply within 24 hours of the request. Mother shall be responsible for the cost thereof unless Father tests positive in which case Father shall pay for the test. 7. Father shall be responsible for all transportation. 8. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 9. 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. BY THE COURT, cc ai1 D. Edger, Esquire, MidPenn Legal Services, and Counsel for Father Marylou Matas, Esquire, Counsel for Mother S /Tea: LceL 9 V -__ni KRISTIN N. WISER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-395 CIVIL TERM TRAVIS E. KELLEY, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Cheyanne Kelley Wiser July 4, 1997 Mother Chelsea Rae Kelley Wiser July 24, 2001 Mother 2. A Conciliation Conference was held in this matter on September 2, 2014, with the following individuals in attendance: The Father, Travis E. Kelley, with his -- counsel, Paul D. Edger, Esquire, MidPenn Legal Services, and the Mother, Kristin N. Wiser, with her counsel, Marylou Matas, Esquire. 3. The Honorable Kevin A. Hess previously entered Orders of Court dated February 28, 2003 and July 7, 2014 providing for Mother to have sole legal and primaiy physical custody of Chelsea with Father having periods of partial physical custody of := Chelsea every Sunday for 5 hours. 4. The parties agreed to an order in the form as attached. Date ac elme M. Verney, Esquirl Custody Conciliator