HomeMy WebLinkAbout03-0859JOHN W. PERRY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. p3 Civil Term
KELLY A. PERRY, ACTION IN DIVORCE
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
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 of 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.
Where the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available at the
Office of the Prothonotary, Cumberland County Courthouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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
2 Liberty Avenue
Carlisle, Pa. 17013
(717) 249-3166
JOHN W. PERRY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. No. Civil Term
KELLY A. PERRY, ACTION IN DIVORCE
Defendant
COMPLAINT IN DIVORCE
COUNT I - DIVORCE
1. Plaintiff is John W. Perry, a competent adult individual, who has resided at 65
Mountainview Terrace, Newville, Cumberland County, Pennsylvania, since 1998.
2. Defendant is Kelly A. Perry, a competent adult individual, who has resided in
Steelton, Dauphin County, Pennsylvania, since January 2003.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at
least 6 months immediately previous to the filing of this Complaint.
4. The Plaintiff and the Defendant were married on November 29, 1997 in Newville,
Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Plaintiff has been advised that counseling is available and that plaintiff may have the
right to request that the court require the parties to participate in counseling.
7. Plaintiff and Defendant have two children together.
8. Plaintiff and Defendant are both citizens of the United States of America.
9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States
of any of its allies.
10. The Plaintiff avers that the grounds on which this action is based are:
(a) That-the marriage is irretrievably broken; and/or
(b) That the Defendant has offered such indignities to the Plaintiff, the innocent
and injured spouse, as to render her condition intolerable and life burdensome.
WHEREFORE, Plaintiff requests the court to enter a decree in divorce.
COUNT II -CUSTODY
11. Sections 1 - 10 are herein incorporated by reference.
12. Plaintiff seeks primary custody of the following children:
NAME ADDRESS DOB
Tyler Anthony Perry 65 Mountainview Terrace 9/15/96
Newville, Pa. 17241
Trevor Dean Perry 65 Mountainview Terrace 4/5/00
Newville, Pa. 17241
Tyler Anthony Perry was born out of wedlock; Trevor Dean Perry was born in wedlock.
The children are in the custody of: Father.
During the past five years, the children have resided with the following persons and at the
following addresses:
NAME
ADDRESSES
DATES
John Perry
65 Mountainview Terrace
Newville, Pa. 17241
January 2003 - present.
John Perry 65 Mountainview Terrace 1998 - January 2003
and Kelly Perry Newville, Pa. 17241
John Perry 34 Broad Street 1997 - 1998
Kelly Perry Newville, Pa. 17241
Judy and
Julian Perry (Paternal grandparents)
The mother of the children is: Kelly Perry currently residing in Steelton, Pennsylvania
with her brother.
She is married to John Perry.
The father of the children is: John Perry currently residing at 65 Mountainview Terrace,
Newville, Pa. 17241.
He is married to Kelly Perry.
13. The relationship of plaintiff to the children is that of Father. The plaintiff currently
resides with the children.
14. The relationship of defendant to the children is that of Mother. The persons that the
defendant currently resides with are: her brother and his family.
15. 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 party to the proceedings who has physical custody of the
children or claims to have custody or visitation rights with respect to the children.
JOHN W. PERRY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 03-859 CIVIL ACTION LAW
KELLY A. PERRY
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, June 30, 2005 , 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 Wednesday, August 03, 2005 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. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: j s/ JacueGne M. Verne Es q. 01
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
83 :£ Wd S- In WE
AdVION )IIiOdd 3Hi 3Q
301.420-031H
16. The best interest and permanent welfare of the children will be served by granting the
relief requested because: The children have resided in the Newville area and have been attendin
school there their entire lives, father canrovide a loving and stable home and it would be in the
children's best interest to remain living where the are at and have eriods of custod with
mother.
17. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this action.
WHEREFORE, Plaintiff requests the court to grant custody of the children.
Respectfully submitted,
Date:' -? 03
Adams, Esquire
I.D. 0.79465
outh Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
VERIFICATION
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. §4904 relating to unsworn
falsification to authorities.
_ ZS D ? VJOWWPeny, Plaintiff
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JOHN W. PERRY
IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA.
V.
KELLY A. PERRY
DEFENDANT
• 03-859 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, March 06, 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, March 25, 2003 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. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ jac4ueline M. Verney, Esq. L/
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
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JOHN W. PERRY, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. No. 03 - 859 Civil Term
KELLY A. PERRY, ACTION IN DIVORCE
Defendant
AFFIDAVIT OF SERVICE
AND NOW, this March 6, 2003, I, Jane Adams, Esquire, hereby certify that
on February 4, 2003, a certified true copy of the NOTICE TO DEFEND and COMPLAINT IN
DIVORCE were served, via certified mail, return receipt requested, addressed to:
Kelly Perry
554 N. 2nd St.
Steelton, Pa. 17113
DEFENDANT
Respectfully Submitted:
lanAdams, Esquire
I.D. 0.79465
36 uth Pitt Street
Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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JOHN W. PERRY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. No. 03 - 859 Civil Term
KELLY A. PERRY, ACTION IN DIVORCE
Defendant
AFFIDAVIT OF SERVICE
AND NOW, this March 12, 2003, I, Jane Adams, Esquire, hereby certify that
on February 4, 2003, a certified true copy of the ORDER SETTING CUSTODY
CONCILIATION was served, via certified mail, return receipt requested, addressed to:
Kelly Perry
554 N. 2nd St.
Steelton, Pa. 17113
DEFENDANT
Respectfully Submitted:
'Jane dams, Esquire
I.D. o. 79465
outh Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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JOHN W. PERRY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. No. 03 - 859 Civil Term
KELLY A. PERRY, ACTION IN DIVORCE
Defendant
AMENDED AFFIDAVIT OF SERVICE
AND NOW, this April 17, 2003, I, Jane Adams, Esquire, hereby certify that
on March 4, 2003, a certified true copy of the NOTICE TO DEFEND, AND COMPLAINT IN
DIVORCE were served, via certified mail, return receipt requested, addressed to:
Kelly Perry
554 N. 2nd St.
Steelton, Pa. 17113
DEFENDANT
Respectfully Submitted:
J e dams, Esquire
.D. o.79465
36 outh Pitt Street
C lisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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APR 2 3 2003
JOHN W. PERRY,
Plaintiff
V.
KELLY A. PERRY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-859 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this day of c R , 2003, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The Father, John W. Perry, and the Mother, Kelly A. Perry, shall have
shared legal custody of Tyler Anthony Perry, born September 15, 1996 and Trevor Dean
Perry, born April 5, 2000. 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.
2. Father shall have primary physical custody of the Children.
3. Mother shall have liberal partial physical custody as follows:
A. Beginning April 25, 2003, alternating weekends from Friday at 6:00
p.m. to Monday at 8:00 a.m.
B. Once Mother obtains a car, every Tuesday from 12:00 noon to
Wednesday at 8:00 a.m.
C. Beginning the first Friday after school ends, Mother shall have shared
physical custody for the summer, week on/week off with the transfer
day and time being Fridays at 6:00 p.m.
D. Such other times as the parties agree.
4. Holidays:
A. Mother's Day/Father's Day: Mother shall always have physical
custody of the children on Mother's Day from 9:00 a.m. to 9:00 p.m.
Father shall always have physical custody of the children on Father's
Day from 9:00 a.m. to 9:00 p.m.
B. Christmas shall be divided into two Blocks. Block A shall run from
10:00 a.m. Christmas Eve to 10:00 a.m. Christmas Day. Block B shall
run from 10:00 a.m. Christmas Day to 10:00 a.m. December 26.
Mother shall have Block A in odd numbered years and Block B in
no, r .
even numbered years. Father shall have Block A in even numbered
years and Block B in odd numbered years. In addition, the parties
shall share equally the remainder of the Christmas school holiday as
agreed.
C. New Year's shall be divided into two Blocks. Block A shall run from
10:00 a.m. on December 31 to 10:00 a.m. January 1. Block B shall
run from January 1 at 10:00 a.m. to January 2 at 10:00 a.m. Father
shall have Block A this year (December 31, 2003 to January )
and Mother shall have Block B this year (January 1, 2004 to January 2,
2004) and they shall alternate the Blocks thereafter.
D. Thanksgiving shall be divided into two Blocks. Block A shall run
from 9:00 a.m. to 9:00 p.m. Thanksgiving Day. Block B shall run
from 9:00 p.m. Thanksgiving Day to 9:00 p.m. on Friday after
Thanksgiving. Mother shall have Block A in odd numbered years and
Block B in even numbered years. Father shall have Block A in even
numbered years and Block B in odd numbered years.
E. Easter shall be divided into two Blocks. Block A shall run from 10:00
a.m. on the Saturday before Easter to Easter Sunday at 10:00 a.m.
Block B shall run from Easter at 10:00 a.m. to Easter Monday at 10:00
a.m. Father shall have Bock 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.
F. Memorial Day, July 4th and Labor Day shall be alternated from 9:00
a.m. to 9:00 p.m. Mother shall have Memorial Day, 2003.
5. Transportation shall be shared such that while Mother does not have her
own car, Father shall deliver the children to Mother's residence and Mother shall return
the children to Father's residence, unless otherwise agreed. Once Mother acquires a car
of her own, the parties shall exchange custody at the McDonald's on Route 114 in
Mechanicsburg, Pennsylvania.
6. Mother shall insure that the children get to any extracurricular activities in
which they are involved.
7. 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.
cc: Jane Adams, Esquire, Counsel for Father V
Joan Carey, Esquire, Mid Penn Legal Services, Counsel for Mother
" ? y, .7,5, 03
llcf? 19--
BY THE COURT,
JOHN W. PERRY,
Plaintiff
V.
KELLY A. PERRY,
Defendant
PRIOR JUDGE: None
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:2003-859 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
Tyler Anthony Perry September 15, 1996 Father
Trevor Dean Perry April 5, 2000 Father
2. A Conciliation Conference was held in this matter on April 22, 2003, with
the following individuals in attendance: The Father, John W. Perry, with his counsel,
Jane Adams, Esquire and Mother, Kelly A. Perry, by phone, with her counsel, Joan
Carey, Esquire, Mid Penn Legal Services.
The parties agreed to the entry of an Order in the form as attached.
i
-a3 a3
Date 'e
J cqu ne M. Verney, Esquire
Custody Conciliator
JOHN W. PERRY,
Plaintiff
V.
KELLY A. PERRY,
Defendant
PRIOR CONCILIATOR:
Jacqueline M. Verney, Esq.
IN THE COURT OF COMMON PLEA
CUMBERLAND COUNTY, PENNSYLVANIA
2003-859 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR REVISION OF CUSTODY ORDER
AND NOW, comes your Petitioner, Kelly A. Perry, by her attorney, Allen D. Smith,
Esquire, and represents:
1. The petitioner is Kelly A. Perry residing at 2461 Harris Terrace, Harrisburg, Dauphin County,
Pennsylvania.
2. The respondent is John W. Perry, residing at 115 South East Street, Carlisle, Cumberland
County, Pennsylvania.
3. The children who are the subjects of this custody order are: Tyler Anthony Perry, born
September 15, 1996 and Trevor Dean Perry, bom April 5, 2000.
4. It is petitioner's belief that the children currently reside with respondent's parents at 34 Broad
Street, Newville, Cumberland County, Pennsylvania.
5. Within the past two years the respondent has been unable to maintain steady employment and
has moved from place to place sometimes with the children and sometimes without.
6. Petitioner is capable of providing a stable home environment for the children and is currently
employed on a full-time basis.
7. The best interest and permanent welfare of the children will be served by granting the relief
requested.
WHEREFORE, petitioner requests the court grant her primary physical custody of the
children subject to liberal partial physical custody for the respondent
l
Allen D. mith, ire
Attorney for Plaintiff
Dated: June 14, 2005
I verify that the statements made in this Complaint are true aid 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.
Peti?
Attorney., Allen D. Smith, Es
I.D. N0: 17029
Address: P. 0. Box 7592
Steelton, PA 17113
Telephone: (717) 939-1891
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DECEIVED AUG 0 4 2005
JOHN W. PERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2003-859 CIVIL TERM
KELLY A. PERRY, : CIVIL ACTION - LAW
Defendant
IN CUSTODY
BY THE COURT.
ORDER OF COURT
AND NOW, this AIL day of & 2005, upon
consideration of the attached Custody Conciliation R port, it is ordered and directed as
follows:
1. The prior Order of Court dated April 24, 2003 shall remain in full force
and effect with the following modifications and additions:
2. The parties shall cooperate with a custody evaluation to be performed by
Riegler Shienvold and Associates. Mother shall be responsible for payment, but said
apportionment shall ultimately be determined by the Court.
Mother's week on /week off periods of custody shall begin Friday August
5, 2005 and continue until the children start school.
4. 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. Once
the Custody Evaluation is complete, either party may contact the Conciliator to schedule
another Conciliation Conference, if necessary.
cc-en D. Smith, Esquire, Counsel for Mother
i nnifer Spears, Esquire, Counsel for Father
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JOHN W. PERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :2003-859 CIVIL TERM
KELLY A. PERRY, : CIVIL ACTION - LAW
Defendant
IN CUSTODY
PRIOR JUDGE: J. Wesley Oler, Jr., 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
Tyler Anthony Perry September 15, 1996 Father
Trevor Dean Perry April 5, 2000 Father
2. A Conciliation Conference was held in this matter on August 3, 2005, with
the following individuals in attendance: The Father, John W. Perry, with his counsel,
Jennifer Spears, Esquire and Mother, Kelly A. Perry, with her counsel, Allen D. Smith,
Esquire.
3. The Honorable J. Wesley Oler, Jr. entered a prior Order of Court dated
April 24, 2003 providing for shared legal custody, Father having primary physical
custody and Mother having alternating weekends and week on/week off in the summer.
4. The parties agreed to the entry of an Order in the form as attached.
9-3-o5 h, Vf-?
Date cqu ine M. Verney, Esquire
Custody Conciliator
F: C iVcD MH?Z 1 0
JOHN W. PERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2003-859 CIVIL ACTION - LAW
KELLY A. PERRY,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this 10`h day of March, 2006, not being contacted to schedule
another Conciliation Conference since August 3, 2005, the Conciliator hereby
relinquishes jurisdiction in this matter.
FOR THE COURT,
?acgrline M ire, Cu dy Conciliator
Mindy S. Goodman
Attorney at Law
2215 Forest Hills Drive
Suite 35
Harrisburg, PA 17112
(717) 540-8742
JOHN W. PERRY,
Plaintiff/Respondent
V.
KELLY A. PERRY,
Defend ant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-859
CIVIL ACTION - LAW
IN CUSTODY
PETITION TO ORDER A CUSTODY EVALUATION AND/OR
FOR MODIFICATION OF CUSTODY
AND NOW, this day of
2007, comes
Defendant KELLY A. PERRY, by and through her attorney, Mindy S. Goodman,
Attorney at Law, and files this Petition for Modification of Custody.
1. The current address of Plaintiff/Respondent, hereinafter referred to
as Father, is 10 Pennsylvania Avenue, Apartment 1, Newville, Cumberland
County, Pennsylvania.
2. The current address of Defendant/Petitioner, hereinafter referred to
as Mother, is 2461 Harris Terrace, Harrisburg, Dauphin County, Pennsylvania.
3. The parties are the parents of two minor children whose names and
dates of birth are as follows:
TYLER ANTHONY PERRY
TREVOR DEAN PERRY
DoB September 15, 1996
DoB April 5, 2000
4. On or about April 29, 2003 an Order of Court was entered in this
case granting the parties shared legal custody with primary physical custody to
Plaintiff. A copy of the Order is attached hereto as Exhibit A.
5. Mother filed for a modification of the current Order on or about July
5, 2005, after which a subsequent Order was issued directing the parties to
engage in a custody evaluation to be conducted by Riegler Shienvold and
Associates at mother's initial expense. A copy of the Order is attached hereto as
Exhibit B.
6. Mother had difficulties with her prior counsel and was unaware that
the attached Order had been entered.
7. Counsel for Mother is aware of the difficulties in enforcing an Order
requiring an evaluation that is now a year and a half old; however, Mother would
like to have a custody evaluation performed by Riegler Shienvold and Associates
and requests that a new Order be entered directing the parties to engage in and
complete a custody evaluation.
8. In the event that an Order directing an evaluation cannot be issued
without Mother filing for modification of the current Order, Mother includes in this
Petition her request for a Modification of Custody.
2
9. Mother maintains that it is in the best interest of the children for her
to have primary physical custody of the minor children at this time and in support
thereof avers the following:
a. Mother believes that Father is abusing alcohol and has been
charged with Driving Under the Influence within the past year.
Additionally, Mother has reason to believe that Father continues to drink
and drive and does so while the children are in the vehicle with him.
b. Mother believes that Father has been physically abusive to
the parties' oldest son, Tyler, as evidenced by significant bruising on the
child and statements from the child that the bruising was caused by
Father.
C. On at least one occasion Tyler has jumped out of the
window of Father's home and run away.
d. Mother believes the children are not properly cared for
and/or supervised while in the custody of their Father.
e. Mother believes that the paternal grandmother, who lives
close to Father, is providing the primary care for the children while in
Father's custody and while Mother believes that paternal grandmother is
doing the best she can for the children, Mother maintains that the needs of
the children will better be served by primary care being provided by a
parent, in this case their Mother.
3
f. Mother believes that the children's health is suffering
because Father refuses to adequately treat Trevor's asthma and Tyler's
ADD, both of which have been diagnosed by the children's physician.
g. Mother is in a stable home with a stable job and is in a better
position than Father to provide a stable and loving environment for the
children.
h. Mother will ensure that the minor children continue to have a
healthy and meaningful relationship with Father.
i. In conversations with the children, the children continuously
express a desire to return to the primary custody of Mother.
WHEREFORE, Defend ant/Petitioner respectfully requests this Honorable
Court to grant her primary physical custody of the minor children who are the
subject of this petition.
Respectfully submitted,
Mindy S. Goodman
Attorney at Law
ID No. 78407
2215 Forest Hills Drive - Suite 35
Harrisburg, PA 17112
(717) 540-8742
Attorney for the Defendant/Petitioner
4
VERIFICATION
I have reviewed the contents of the foregoing Petition for Modification of
Custody and I verify that the statements made in the foregoing document are true
and correct to the best of my knowledge, information and belief. I understand
that false statements made herein are subject to the penalties of 18 Pa.C.S. §
4904, relating to unsworn falsification to authorities.
Kelly k f?
JOHN NV. PERRY,
Plaintiff
V.
i?ELLY A. PERRY,
Defendant
: IN THE COURT OF COMMON 1'LI:AS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 2003-859 CIVIL TERM
CIVIL ACTION - LAN's'
IN CUSTODY
ORDER OF COURT
AND NOW, this day of - , 2003, upon
consideration of the attached Custody Concil ation Report., it is ordered and directed as
follows:
I . The Father, John W. Perry, and the Mother, Kelly A. Perry, shall have
shared legal custody of Tyler Anthony Perry, born September 15, 1996 and Trevor Dean
Perry, born April 5, 2000. 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.
2. Father shall have primary physical custody of the Children.
3. Mother shall have liberal partial physical custody as follows:
A. Beginning April 25, 2003, alternating weekends from Friday at 6:00
p.m. to Monday at 8:00 a.m.
B. Once Mother obtains a car, every Tuesday from 12:00 noon to
Wednesday at 8:00 a.m.
C. Beginning the first Friday after school ends, Mother shall have shared
physical custody for the summer, week on/week off with the transfer
day and time being Fridays at 6:00 p.m.
D. Suet: other times .its the parties agree.
-l. Holidays:
A. Mother's Day/Father's Day: Mother shall always have physical
custody of the children on Mother's Day from 9:00 a.m. to 9:00 p.m.
Father shall always have physical custody of the children on Father's
Day from 9:00 a.m. to 9:00 p.m.
B. Christmas shall be divided into two Blocks. Block A shall run from
10:00 a.m. Christmas Eve to 10:00 a.m. Christmas Day. Block B shall
run from 10:00 a.m. Christmas Day to 10:00 a.m. December 26.
Mother shall have Block A in odd numbered years and Block B in
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even ?1??1llhered ycare. Fnllicr shall !lave Block A in even nunlLcrcd
)-cars and Block B in odd numbered years. In addition, the parties
shall share equally the remainder of the Christmas school holiday as
agreed.
C. New Year's shall be divided into two Blocks. Block A shall run from
10:00 a.m. on December 31 to 10:00 a.m. January 1. Block B shall
run from January 1 at 10:00 a.m. to January 2 at 10:00 a.m. Father
shall have Block A this year (December 31, 2003 to January 1, 2004)
and Mother shall have Block B this year (January 1, 2004 to January 21
2004) and they shall alternate the Blocks thereafter.
D. Thanksgiving; shall be divided into two Blocks. Block A shall run
from 9:00 a.m. to 9:00 p.m. Thanksgiving Day. Block B shall run
from 9:00 p.m. Thanksgiving Day to 9:00 p.m. on Friday after
Thanksgiving. Mother shall have Block A in odd numbered years and
Block B in even numbered years. Father shall have Block A in even
numbered years and Block B in odd numbered years.
E. Easter shall be divided into two Blocks. Block A shall run froi,l 10:00
a.m. on the Saturday before Easter to Easter Sunday at 10:00 a.m.
Block B shall run from Easter at 10:00 a.m. to Easter Monday at 10:00
a.m. Father shall have Bock 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.
F. Memorial Day, July 4"' and Labor Day shall be alternated from 9:00
a.m. to 9:00 p.m. Mother shall have Memorial Day, 2003.
5. Transportation shall be shared such that while Mother does not have her
own car, Father shall deliver the children to Mother's residence and Mother shall return
the children to Father's residence, unless otherwise agreed. Once Mother acquires a car
of her own, the parties shall exchange custody at the McDonald's oil Route 114 in
Mechanicsburg, Pennsylvania.
6. Mother shall insure that the children get to any extracurricular activities in
which they are involved.
7. 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,
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cc: ,lane Adams, Esquire, Counsel for Father
.loan Carey, Esquire, Mid Penn Legal Services, Counsel for Mother
YRECEIVED AUG 0 4 2005
JOHN W. PERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2003-859 CIVIL TERM
KELLY A. PERRY, : CIVIL ACTION - LAW
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this day of
, 2005, upon
A47'
consideration of the attached Custody Conci ratio eport, it is ordered and directed as
follows:
I . The prior Order of Court dated April 24, 2003 shall remain in full force
and effect with the following modifications and additions:
2. The parties shall cooperate with a custody evaluation to be performed by
Riegler Shienvold and Associates. Mother shall be responsible for payment, but said
apportionment shall ultimately be determined by the Court.
3. Mother's week on /week off periods of custody shall begin Friday August
5, 2005 and continue until the children start school.
4. 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. Once
the Custody Evaluation is complete, either party may contact the Conciliator to schedule
another Conciliation Conference, if necessary.
BY THE COURT
Wj. J. Wesley Oler, Jr.,
cc: Allen D. Smith, Esquire, Counsel for Mother
Jennifer Spears, Esquire, Counsel for Father
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JOHN W. PERRY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 03-859 CIVIL ACTION LAW
KELLY A. PERRY
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Wednesday, April 11, 2007 - 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 Thursday, May 03, 2007 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. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ ac ueline M. Verne Es ?V
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
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MAY 0 4 2007,w?
JOHN W. PERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2003-859 CIVIL TERM
KELLY A. PERRY, : CIVIL ACTION - LAW
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this day of V"'7 .1 , 2007, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
I. The prior Orders of Court dated April 24, 2003 and August 4, 2005 shall
remain in full force and effect.
2. The parties shall cooperate with a custody evaluation to be performed by
Riegler Shienvold and Associates, which shall commence as soon as possible
3. Mother shall be responsible for payment, but said apportionment shall
ultimately be determined by the Court.
4. 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. Once
the Custody Evaluation is complete, either party may contact the Conciliator to schedule
another Conciliation Conference, if necessary.
c in
V Goodman, Esquire, Counsel for Moth
Perry, pro se
10 Pennsylvania Avenue
Apt 1
Newville, PA 17241
BY THE COURT,
?C .3 Wd 8- PM LOOZ
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301-1'401-r
Oflj
JOHN W. PERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :2003-859 CIVIL TERM
KELLY A. PERRY, : CIVIL ACTION - LAW
Defendant
IN CUSTODY
PRIOR JUDGE: J. Wesley Oler, Jr., 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
Tyler Anthony Perry
Trevor Dean Perry
September 15, 1996
April 5, 2000
Father
Father
2. A Conciliation Conference was held in this matter on May 3, 2007, with
the following individuals in attendance: Mother's counsel, Mindy S. Goodman, Esquire
and the Father, John W. Perry, pro se.
3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court
dated April 24, 2003 and August 4, 2005 providing for shared legal custody, Father
having primary physical custody and Mother having alternating weekends and week
on/week off in the summer and a custody evaluation.
4. The parties agreed to the entry of an Order in the form as attached.
Date )ac eline MEsquire
Custody Conciliator
JAN 2 8 2008
JOHN W. PERRY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNS!'LVANIA
V. : NO. 2003-859 CIVIL ACTION - LAW
KELLY A. PERRY,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this 28 h day of January, 2008, neither party having contacted the
Conciliator to schedule another conference and more than ninety days have passed since
the prior Order of Court, the Conciliator hereby relinquishes jurisdiction in this matter.
FOR THE COURT,
Ilk,
Jacq661ine M. Verney, Esquire, C tody Conciliator
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