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HomeMy WebLinkAbout98-06958 I ,v I ? I Jw,h I yy 4 Jennifer L Lchmall k i All0l my Maw k r F, %4 Q ? ti,? r a 11.0. BOX 6130E H 27 South Arlene Nlrecl * i,Y{rte ?'S a? l ' i ,fir* ' n3rrisbntg, rA 17112-0130 717-671.1200 $' w ; R'?eML x u.? f.y a ? ? I> ? ? ?? • L . i ,. l l f 1 ,i THERESA KLEEMAN, Plaintiff IN THE COUIt'I' or COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. t] S- L 4 i d' (7c ". c T? SHAWN I'. KLEEMAN, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, 1 •? 11' .t;1 ` upon consideration of the a tacked complaint, it is hereby directed that the parties and their respective cowisel appear before t ?+ x`19911 at iL O l?'"• ,1to11'\onthe `? day of - ? ?-, Ate conciliator, at ---14 m., for a Pre-Hcaring 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. FOR '1HE COURT, X11., L,? n) 1 (,nnf??. ? By. v ?,. Custody Conciliator wnbcrland County is required by law to comply wins the Americans with 71te Court of Conunon 111cas of C 1)isabdluex Act of 1990. For infolnlaton about accessi e f aCOl71Ce. ?tAll r alFangC 17p115 citlast be I lade 31 least 72hours prier inditidttals having business before ilo court, Please to any hearing or business before the court. you musI attend the scheduled conference or hearing. YOU SIiOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT ! ]AVE A LAWYER OR CANNOT AFFORD ONE, GO 1-0 OR TELEPHONE THE OFFICE SET FORTI I BF LOW TO FIND OUT WI !ERE YOU CAN GET LEGAL HELP. 01--1=ICE OF TH COURT ADMINISTRATOR COURTHOUSE, 41'11 FLOOR CARL!SLh, PA 17013 (717) 240-6200 77, cG1Z? 7 f THERESA KLEEMAN, : IN TIIE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Or F- SHAWN P. ICLEEMAN, CIVIL ACTION -LAW F Defendant : IN CUSTODY COMPLAINT FOR CUSTQDY 1. Plaintiff is THERESA KLEEMAN, currently residing at 4136 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is SHAWN P. ICLEEMAN, currently residing at R.D. Box 254A, Millerstown, Perry County, Peimsylvania 17062. 3. Plaintiff seeks custody of the following children: Ns1I1L? Prescnt Ad r s . ? { McKenna Katherine 4136 Kittatinny Drive DOB 2-10-9 Mechanicsburg, PA 17055 I Aislinn Elizabeth 4136 Kittatinny Drive DOB 10-5-98 Mechanicsburg, PA 17055 E y { 4. The children were not bom out of wedlock. The children are presently in the custody of Plaintiff, THERESA KLI-EMAN, who resides at 4136 Kittatinny Drive, Mechanicsburg, Iff1 r G Cumberland County, Pennsylvania. i 1 1 r 5. During the past five years they resided with the following persons at the following addresses: Nimc(s) Address Plaintiff, Defendant and Williams Grove Trailer Park McKenna Mechanicsburg, PA 17055 Plaintiff, Defendant and 521 Quail Court McKenna Mechanicsburg, PA 17055 Defendant, Paternal R.D. 1, Box 254A Grandparents and Millerstown, PA 17062 Paternal Uncle Plaintiff, Defendant, 4136 Kittatinny Drive Maternal Grandmother Mechanicsburg, PA 17055 and McKenna Plaintiff, Defendant, 4136 Kittatinny Drive Maternal Grandmother, Mechanicsburg, PA 17055 McKenna and Aislinn Plaintiff, Maternal 4136 Kittatinny Drive Grandmother, McKenna Mechanicsburg, PA 17055 Aislinn Da lo February 1997 thru May 1997 May 1997 thru May 5, 1998 May 5, 1998 to July, 1998 July, 1998 thru October 5, 1998 October 5, 1998 thru October 20, 1998 October 20, 1998 to Present 6. 71ie ntothcrof the children is I'laintifl; TI IERESA KLEEMAN, who is currently residing at 4136 Kittatinuy Ddvc, Alccltanicsburg, Cumberland County, Pennsylvania. She is married to the Defendant. 7. The father of the children is Defendant, SI-IA WN P. KLGGMAN, currently residing at { i R.D. Box 254A, Millerstown, Perry Comity, Pennsylvania. He is presently married to the Plaintiff. 8. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: am Relationship McKenna Daughter Aislinn Daughter j Kim Mosier Mother 9. The relationship of Defendant to the children is that of rather. The Defendant currently resides with the following persons: NIX 11clalionshin 1 Jim and Carol Kleeman Parents . Dusty Kleeman Brother 1. 10. On May 8, 1998, Defendant filed a divorce in Perry County, which included a Count for Custody. 7lie docket number to that action is Perry County No. 98419. A Court Order concerning 3 I,„ 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested: 14. 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. 4 'r VERIFICATION I verify that the statements made in the foregoing Complaint in Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 pa. C.S. §4904 relating to uns,.+-orn falsification to authorities. Date: )4 JI9 THERESA KLEEMAN MEN M Q^ T ^ r . r lI t i i i 5 T1113RESA KLEE MAN, ) IN TI11: COURTOF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA ) lti NO. 98-6958 CIVIL TERM SHAWN 11. KLEEMAN, ) Del'endant ) CIVIL ACTION - LAW ORDER AND NOW, this YTS day of Ej= 1999, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them, it is hereby ordered and directed as follows: 1. All prior Orders entered in this case shall be VACATED. 2. The parties shall share legal custody of their minor children, McKenna d.o.b. February 10, 1987, and Aislinn d.o.b. October 5, 1998. "s. Mother shall have primary physical custody of the minor children subject to periods of partial custody and visitation with Father as follows: A. On alternating weekends from Friday in the morning when lather gets off from work until Sunday between 6:00 p.m. and 7:00 p.m. 4. The parties shall share the Christmas holiday such that Father shall have the children on the morning of December 34th until 9:00 a.m. on December 251h. Mother shall have the children fiir the remainder of Christmas Day. 5. The parties shall share the Thanksgiving holiday such that Father shall have the children on Wednesday morning through Thanksgiving Day at 12:00 noon. Mother shall have the children for the remainder of Thanksgiving Day. 6. Both parties shall be entitled to some period of time with each of their children on their respective birthdays and shall work out the arrangements with each other to ensure that they have access to the children. 7. The children shall be with Father on Father's Day and with Mother on Mother's Day, at times to be agreed upon by the parties. 8. Each party shall be entitled to two non-consecutive weeks of vacation with the children. They shall provide each other with thirty (30) days advance notice as to when they intend to exercise these periods of vacation. 9. Such other times as the parties may agree. BY TI IE COURI"_? Jennifer L. Lehman. Esquire Mr. Shawn 11. Klecman, pro se nilb i i THERBA KLEEMAN, ) IN •1'I 1E COUR•I' OF COMMON PLEAS Plaintiff ) OF CI1M13ERLAND COUNTY, PENNSYLVANIA vs. ) NO. 98-6958 CIVIL TERM SI]AWN P. KLEEMAN, ) Dcfcndmtt ) CIVIL ACTION - LAW JUDGE PREVIOUSLY ASSIGNI D: Nonc CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY izui,r. OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who is(are) the subiect of this litigation is as follows: NAME Mill IiDA'1'E CURRENTLY IN C'lJSTODY OI' McKenna Katherine Klccn:an February 10, 1997 Plaintiff Aislinn Elizabeth Kleeman October 5, 1998 Plaintiff 2. A Conciliation Conference was held on January 28, 1999, and the following individuals were present: the Plaintiff and her attorney, .fcnnifcr L. Lehman, Esquire: the Defendant appeared pro se. 3. Items resolved by agreement: See attached Order. 3. Issues yet to be resoled: Sec allachcd Order. 5. The Plaintifrs position on custody is as follows: Sec allached Order. 0. "The Defe.ndant's position on custody is as I'011ows: Sec attached Order. 7. Need Im separate counsel to represent child(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: January 29, 1999+-?4? Mich6l L. Bangs Custody Conciliator I Ii TIiERESA L. PIPER IN THE COURT OF CONINION PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V • 98-6958 CIVIL AC'T'ION LAW SHAWN D. KLEEMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, Jul, 22, 2005 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline Al. Verney, Esq. , the conciliator, at 41h Floor, Cumberland Cou -nil, Courthouse, Carlisle on Tuesday, August 30, 2005 at 1:30 PM fora Pre-l Tearing Custody Comlerence. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to del-tile 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 nim, provide grounds Ior entry of a temporary or permanent order. The court hereby directs Ile parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to file conciliator 48 hours prior to scheduled hcarint. FOR THE COURT, acguelinc,lJVcmc}y ?yg'- ft? I i Custody Conciliator The Court ot'Connnon pleas of Cumberland County is required by law to comply with the Americans with Disahilites Act of 1990. For infontnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our otlice. All arrangements must be made at lead 72 hours prior to any heating or business before the court. You must attend the scheduled i conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT ti HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO 'l0 OR T1'LI PHONE'fHE OFFICE SL' 1' ? FORTH BELOW TO FIND OUT WHI RF YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedlold Street C'arlislc, Pennsclvania 17013 Tdepbone (71"0249-1160 ?, ....- i ,, ,,,,_ ? ,, . ? l . .. ? . (, ,. ;V, ;,.?? i'I ?""` ?? s 9 1 HceC-Sfl Z i' i?C ? PLAINTIFF V. RECEIVED JUL 18 2005 IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ?ri5F3 CIVIL ACTION LAW SN?tt ?J 1L L(F?n A,?1 IN CUSTODY DEFENDANT ORDER OF COURT D AND NOW, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before the conciliator, at- on at 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 j order. All children age five or older may also be present at the conference. Failure to appear at the conference may i 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. 9 a FOR THE COURT, By: 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 _?L ?l inlZ F F - I i /r,2F Sid L ,i lam/ ?JI SE )\10- q6-('('f!58 CHANGES TO THE TERMS AND PROVISIONS OF CIVIL TERRA NO. 98-6958 AND NOW, this _day of., 2005, the parties have agreed to the changes of the terms and provisions as follows: 1. All prior Orders and agreements shall be VACATED. 2. The parties shall share legal custody of their minor children, McKenna d.o.b. February '10, 1997, and Alslinn d.o.b. October 5, 1998. 3. Ms tation with Father and Father eshall have primary physical custody of the minor child McKenna, with periods of visitation as follows: A. Mother and Father shall alternate weekends with the children, so the children spend each weekend together from Friday evening between 5:00 - 6:00p.m., until Sunday between 6:00-7:00 p.m. Agreed upon between parties. 4. The Parties shall share the Christmas, holiday such that Father shall have the children on the morning of December 24th until 9:00 a.m. on December 25. Mother shall have children for the remainder of Christmas Day. 5. The parties shall share the Thanksgiving holiday such that the father shall have the children on Wednesday morning through Thanksgiving day at 12:00 noon. Mother shall have the children the remainder of Thanksgiving Day. 6. Both parties shall be entitled to some period of time with each of their children on their respective birthdays and shall work out the arrangements with each other to ensure that they have access to the children. 7. The children shall be with Father on Father's Day and with Mother on Mother's day, at times to be agreed upon by the parties. 8. Each party shall be entitled to two non-consecutive weeks of vacation with the children. They shall provide each other with thirty (30) days advance notice as to when they intend to exercise these periods of vacation. 9. Such other times as parties may agree. Mother Father' s' -Le-? Witness Data Date IT is-- c'T Date C'j T My phone number is (717) 802-5703 if you do not get an answer please leave me a voice ?'?.1 t') ? ? . . ?.?. '1 1 ?y i u ?.?? \.. " THERESA L. PIPER, Plaintiff V. SHAWN D. KLEEMAN, Defendant RECEIVED SEP 16 2005 IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 1998-6958 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 2o• day of 3~,o?•«-G? 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: L The prior Order of Court dated February 4, 1999 is hereby vacated. 2. The Mother, Theresa L. Piper and the Father, Shawn D. Kleeman shall have shared legal custody of McKenna Kleeman, born February 10, 1997 and Aislinn Kleeman, born October 5, 1998. 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. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: A. During the school year, alternating weekends from Friday at 7:00 p.m. to Sunday at 7:00 p.m. and every Wednesday evening from after school when Father shall pick up the children to 8:00 p.m. B. During the summer, alternating weeks with Friday at 5:30-6:00 p.m. being the exchange day and time. Father shall have the first week which will begin the first Friday after school ends. During the summer, the non-custodial parent shall have physical custody of the children Wednesday evening. 5. Thanksgiving shall be shared such that Mother shall always have physical custody of the children until the Friday after "13tanksgiving at 9:00 a.m. and Father shall have physical custody of the children from Friday at 9:00 a.m. to Sunday at 6:00-7:00 p.m. I OF 111( I'Fi)ili :11;41?Y ICUs SEPZO 00 0 6. Christmas shall be shared such that Father shall always have physical custody of the children from the day school recesses for the holiday to December 25 at 11:00 a.m. and from December 26 at 12:00 noon to January 1 at 12:00 noon. Mother shall have physical custody of the children from December 25 at 11:00 a.m. to December 26 at 12:00 noon and from January 1 to when school resumes. Mother shall also have physical custody of the children one evening during the, week that Father has physical custody of the children. 7. Both parties shall have a block of time with each child on the child's birthday. 8. Mother shall have physical custody of the children on Mother's Day and Father shall have physical custody of the children on Father's Day. 9. Father shall be responsible for all transportation unless otherwise agreed. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cvirberesa L. Piper, pro se 101 West Louther Street Carlisle, PA 17013 vl?hawn D. Kleeman, pro se , t 7 Oak Avenue V 1?nola, PA 17025 n BY TI IC COURT, Kevin A AL ,1. i iti THERESA L. PIPER, : IN THE: COURT OF COMMON PLF,AS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :1998-6958 CIVIL TERM SHAWN D. KLEEMAN, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR.IUDGE: Kevin A. Hess,]. CUSTODY CONCiL1A770N Sl1MMARV REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1 'file pertinent inforniation concerning the Children who are the suhject of this litigation is as follows: NAME DATE OF 13111'-14 CURRENTLY IN CUSTODY OF McKenna Kleeman February 10, 1997 Mother Aislinn Kleeman October 5, 1998 Mother 2 A Conciliation Conference was held in this matter on September 15, 2-1005, with the following individuals in attendance: The Father. Shawn 1). Kleeman, pro se and Mother, Theresa L. Piper, pro se. 3. A prior Order of Court dated February 4, 1999 was entered by the honorable Kevin A. I less. Said Order provided for shared legal custody with Mother having primary physical custody and lather having partial physical custody on ' alternating weekends. holidays and time in the summer. 4. The parties agreed to the entry of an Order in the form as attached. ?11 i 1 `? -j ? -e7 ?_.? fi_.Lr ?..1.C .. (' ?l ?j/--4VVll.t? v. line \J Verney. l .quire Date acyt Custody Conciliator ?? ? ?it, t• r I'? it I C'r?Sr )yI0, CHANGES TO THE TERMS AND PROVISIONS OF CIVIL TERM NO. 98-6958 AND NOW, this day of , 2005, the parties have agreed to the changes of the terms and provisions as follows: I.-All prior Orders and agreements shall be VACATED. 2. The parties shall share legal custody of their minor children, McKenna d.o.b. February 10, 1997, and Aislinn d.o.b. October 5, 1998. 3. Mother shall have primary physical custody of the minor child Aislinn, subject to visitation with Father and Father shall have primary physical custody of the minor child McKenna, with periods of visitation as follows: A. Mother and Father shall alternate weekends with the children, so the children spend each weekend together from Friday evening between 5:00 - 6:00p.m., until Sunday between 6:00-7:00 p.m. Agreed upon between parties. 4. The Parties shall share the Christmas holiday such that Father shall have the children on the morning of December 24th until 9:00 a.m. on December 25. Mother shall have children for the remainder of Christmas Day. 5. The parties shall share the Thanksgiving holiday such that the father shall have the children on Wednesday morning through Thanksgiving day at 12:00 noon. Mother shall have the children the remainder of Thanksgiving Day. 6. Both parties shall be entitled to some period of time with each of their children on their respective birthdays and shall work out the arrangements with each other to ensure that they have access to the children. 7. The children shall be with Father on Father's Day and with Mother on Mother's day, at times to be agreed upon by the parties. 8. Each party shall be entitled to two non-consecutive weeks of vacation with the children. They shall provide each other with thirty (30) days advance notice as to when they intend to exercise these periods of vacation. 9. Such other times as parties may agree. Mother Date Father Witness Date 7- ) 5- 0 S Date ? ?-? _; , ?? - ?" _-, : ? ?_ -? `_ ? .?- ?, ??- ?;; _ ? t ? ., ? G To whom it may concern, Upon receiving this motion please contact me as soon as possible. I would like to have this matter taken care of in a timely manner due to the upcoming school year, being that the child involved will have to change school districts. It would be greatly appreciated. My phone number is (717) 802-5703 if you do not get an answer please leave me a voice mail and I will return your call. Thank you for your time. Respectfully, Shawn Kleeman Ci h> G ? t? _ i?1 ' ] r._ u7 1 (?_) " ? . ?., -> -?- S? -.JI :?a r.? ._ THERESA L. PIPER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHAWN D. KLEI MAN DEFENDANT 98-6958 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, July 22, 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 Country Courthouse, Carlisle on Tuesday, August 30, 2005 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be imade 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/ jacqueUneM Verve Es 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 --w- ,v7zp,4?2 k ,2 0" 7e-p ? 9 S :I !'!a SZ i;I Su"5?Z JRECEIVED SEP 16 2005 `\ THERESA L. PIPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1998-6958 CIVIL TERM SHAWN D. KLEEMAN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this Zo• day of ?' ,/ .«.6? 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated February 4, 1999 is hereby vacated. 2. The Mother, Theresa L. Piper and the Father, Shawn D. Kleeman shall have shared legal custody of McKenna Kleeman, born February 10, 1997 and Aislinn Kleeman, born October 5, 1998. 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. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: A. During the school year, alternating weekends from Friday at 7:00 p.m. to Sunday at 7:00 p.m. and every Wednesday evening from after school when Father shall pick up the children to 8:00 p.m. B. During the summer, alternating weeks with Friday at 5:30-6:00 p.m. being the exchange day and time. Father shall have the first week which will begin the first Friday after school ends. During the summer, the non-custodial parent shall have physical custody of the children Wednesday evening. 5. Thanksgiving shall be shared such that Mother shall always have physical custody of the children until the Friday after Thanksgiving at 9:00 a.m. and Father shall have physical custody of the children from Friday at 9:00 a.m. to Sunday at 6:00-7:00 p.m. ?ILED-OFFICE. OTARY OF THE PROTHo nn SEP 20 Pty 4 00 CU" , ,_:JJ?TY ? r L, ; ?o ?I VA?`lIP4 6. Christmas shall be shared such that Father shall always have physical custody of the children from the day school recesses for the holiday to December 25 at 11:00 a.m. and from December 26 at 12:00 noon to January 1 at 12:00 noon. Mother shall have physical custody of the children from December 25 at 11:00 a.m. to December 26 at 12:00 noon and from January I to when school resumes. Mother shall also have physical custody of the children one evening during the week that Father has physical custody of the children. Both parties shall have a block of time with each child on the child's birthday. 8. Mother shall have physical custody of the children on Mother's Day and Father shall have physical custody of the children on Father's Day. 9. Father shall be responsible for all transportation unless otherwise agreed. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 4 cVI'h'eresa L. Piper, pro se 101 West Louther Street Carlisle, PA 17013 V,<hawn D. Kleeman, pro se 7 Oak Avenue Enola, PA 17025 / q Kevin A.ifIess, J. THERESA L. PIPER, Plaintiff V. SHAWN D. KLEEMAN, Defendant PRIOR JUDGE: Kevin A. Hess, 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: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 1998-6958 CIVIL TERM CIVIL ACTION - LAW : IN CUSTODY 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 McKenna Kleeman Aislinn Kleeman February 10, 1997 October 5, 1998 Mother Mother 2. A Conciliation Conference was held in this matter on September 15, 2005, with the following individuals in attendance: The Father, Shawn D. Kleeman, pro se and Mother, Theresa L. Piper, pro se. 3. A prior Order of Court dated February 4, 1999 was entered by the Honorable Kevin A. Hess. Said Order provided for shared legal custody with Mother having primary physical custody and Father having partial physical custody on alternating weekends, holidays and time in the summer. 4. The parties agreed to the entry of an Order in the form as attached. Date (/Jacqline M. Verney, Esquire ? Custody Conciliator i HC?-? SA L. P? ?L? \. fit- ,14 rYN PTN-_.? Civil Term No. 1998-6958 Am &,l6r o C US {7j bL4 The following is to be amended in the above Custody Order, as of August 20, 2007. 1. Mother will have Primary physical custody of Aislinn Kleeman, born October 5, 1998. 2. Father will have Primary physical custody of McKenna Kleeman, born February 10, 1997 3. The portion of the order, which states: "Father shall have periods of partial physical custody", shall be changed to: "Mother and Father shall have periods of partial physical custody". 4. The address for Shawn Kleeman: Previously: 7 Oak Ave, Enola, PA 17025 Shall be changed to: 125 Sovereign Dr., Carlisle, Pa 17015 The remainder of the order is to remain unchanged as previously written by Jacqueline M. Verney, Esquire Custody Conciliator. The above changes are agreed upon by both parties. date-? 1600) U`7 date 9 "p?e) 1-67 RECEIVED SEP 16 2005 THERESA L. PIPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1998-6958 CIVIL TERM SHAWN D. KLEEMAN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this X-A day o J W-J. , 2005, upon Report, it is ordered and directed as consideration of the attached Custody ConciliJVaonl follows: The prior Order of Court dated February 4, 1999 is hereby vacated. 2. The Mother, Theresa L. Piper and the Father, Shawn D. Kleeman shall have shared legal custody of McKenna Kleeman, born February 10, 1997 and Aislinn Kleeman, born October 5, 1998. 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. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: A. During the school year, alternating weekends from Friday at 7:00 p.m. to Sunday at 7:00 p.m. and every Wednesday evening from after school when Father shall pick up the children to 8:00 p.m. B. During the summer, alternating weeks with Friday at 5:30-6:00 p.m. being the exchange day and time. Father shall have the first week which will begin the first Friday after school ends. During the summer, the non-custodial parent shall have physical custody of the children Wednesday evening. 5. Thanksgiving shall be shared such that Mother shall always have physical custody of the children until the Friday after Thanksgiving at 9:00 a.m. and Father shall have physical custody of the children from Friday at 9:00 a.m. to Sunday at 6:00-7:00 p.m. i . 6. Christmas shall be shared such that Father shall always have physical custody of the children from the day school recesses for the holiday to December 25 at 11:00 a.m. and from December 26 at 12:00 noon to January 1 at 12:00 noon. Mother shall have physical custody of the children from December 25 at 11:00 a.m. to December 26 at 12:00 noon and from January 1 to when school resumes. Mother shall also have physical custody of the children one evening during the week that Father has physical custody of the children. 7. Both parties shall have a block of time with each child on the child's birthday. 8. Mother shall have physical custody of the children on Mother's Day and Father shall have physical custody of the children on Father's Day. 9. Father shall be responsible for all transportation unless otherwise agreed. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Theresa L. Piper, pro se 101 West Louther Street Carlisle, PA 17013 Shawn D. Kleeman, pro se 7 Oak Avenue Enola, PA 17025 TRUE COPY FROM RECORD In le 'mony whereof, here nto set my hAnd and h seal of said at arlisi , Pa. Th; Q<.1... d of ... .C BY THE COURT, r' =i1 c) o a f," THERESA L. PIPER, Plaintiff vs. SHAWN D. KLEEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 1998 - 6958 Civil Term IN CUSTODY PETITION FOR MODIFICATION 1. Plaintiff/Petition is Theresa L. Piper (hereinafter referred to as "Mother") who currently lives at 101 W. Louther St., Carlisle, Pennsylvania, 17013. 2. Defendant/Respondent is Shawn D. Kleeman, (hereinafter referred to as "Father"), whose current address is 125 Sovereign Drive, Carlisle, Pennsylvania, 17013. 3. Mother and Father are the natural parents of the following children: NAME DOB/AGE ADDRESS McKenna Kleeman 2/10/97(11) 101 W. Louther St., Carlisle, Pa. 17013 Aislinn Kleeman 10/5/98(10) 101 W. Louther St., Carlisle, Pa. 17013 4. The parties are subject to an order of court entered on September 20, 2005, a copy of which is attached as Exhibit A. Pursuant to this order, Mother was to have primary physical custody of McKenna Kleeman and Aislinn Kleeman. 5. On August 20, 2007, the parties executed a voluntary agreement which provided that McKenna Kleeman would live primarily with Father on a trial basis. 6. During the 2007 - 2008 school year, McKenna indicated to Mother that she wanted to come home; Mother encouraged her to stay with Father and complete the school year. 7. During August 2008, McKenna Kleeman again informed Mother that she wished to return primarily to Mother's home, and refused to return to Father's home. 8. Father has not agreed that McKenna should return primarily to Mother's care. 9. Mother is requesting that an updated Order be entered which confirms that McKenna Kleeman shall reside primarily with her. The child has lived primarily with her since August 10, 2008. 10. During the past year, Mother has had some concerns about the care of the child while she was in Father's custody. 11. While the child was in Father's care, several medical conditions went unattended, which caused the child a great deal of pain, and could have resulted in more serious injury. 12. Mother currently is a homemaker and does not work. She believes her request to have primary physical custody of the child would be in the best interest of the child because she has been the primary caretaker of the child for the majority of the child's life, and can more adequately provide for the child's medical, dental, and emotional needs. WHEREFORE, Plaintiff requests the court to enter a modified custody order regarding the child. Respectfully submitted, Date: a`p J n Adams, Esquire 1. No. 79465 1 . South St. CkAisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF YRECEiVED SEP 16 10 THERESA L. PIPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1998-6958 CIVIL TERM SHAWN D. KLEEMAN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this XA day o JJ I tej , 2005, upon consideration of the attached Custody Concilia on Report, it is ordered and directed as follows: 1. The prior Order of Court dated February 4, 1999 is hereby vacated. 2. The Mother, Theresa L. Piper and the Father, Shawn D. Kleeman shall have shared legal custody of McKenna Kleeman, bom February 10, 1997 and Aislinn Kleeman, born October 5, 1998. 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. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: A. During the school year, alternating weekends from Friday at 7:00 p.m. to Sunday at 7:00 p.m. and every Wednesday evening from after school when Father shall pick up the children to 8:00 p.m. B. During the summer, alternating weeks with Friday at 5:30-6:00 p.m. being the exchange day and time. Father shall have the first week which will begin the first Friday after school ends. During the summer, the non-custodial parent shall have physical custody of the children Wednesday evening. 5. Thanksgiving shall be shared such that Mother shall always have physical custody of the children until the Friday after Thanksgiving at 9:00 a.m. and Father shall have physical custody of the children from Friday at 9:00 a.m. to Sunday at 6:00-7:00 p.m. C,- N i . 6. Christmas shall be shared such that Father shall always have physical custody of the children from the day school recesses for the holiday to December 25 at 11:00 am. and from December 26 at 12:00 noon to January 1 at 12:00 noon. Mother shall have physical custody of the children from December 25 at 11:00 a.m. to December 26 at 12:00 noon and from January 1 to when school resumes. Mother shall also have physical custody of the children one evening during the week that Father has physical custody of the children. 7. Both parties shall have a block of time with each child on the child's birthday. 8. Mother shall have physical custody of the children on Mother's Day and Father shall have physical custody of the children on Father's Day. 9. Father shall be responsible for all transportation unless otherwise agreed. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Theresa L. Piper, pro se 101 West Louther Street Carlisle, PA 17013 Shawn D. Kleeman, pro se 7 Oak Avenue Enola, PA 17025 TRUE COPY In T 'mony whereof, and h seal f said f} ROM RECORD here unto set n y hind at rlisW, Pb. - . 4, BY THE COURT, i NC?FSA L• Q1 {??? Civil Term No. 1998-6958 ?QM?? C? j?1 The following is to be amended in the above Custody Order, As of August 20, 2007. 1. Mother will have Primary physical custody of Aislinn Kleeman, born October 5, 1998. 2. Father will have Primary physical custody of McKenna Kleeman, born February 10,1997 3. The portion of the order, which states: "Father shall have periods of partial physical custody", shall be changed to: "Mother and Father shall have periods of partial physical custody". 4. The address for Shawn Kleeman: Previously: 7 Oak Ave, Enola, PA 17025 Shall be changed to: 125 Sovereign Dr., Carlisle, Pa 17015 The remainder of the order is to remain unchanged as previously written by Jacqueline M. Verney, Esquire Custody Conciliator. The above changes are agreed upon by both parties. date () date _Y 'P9 -67 VERIFICATION I verify that the statements made in this Custody 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. Date a eresa L. Pip r, lainti- "-? na t } THERESA L. PIPER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHAWN D. KLEEMAN DEFENDANT 1998-6958 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 04, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, September 29, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Jacqueline M. Verney, Es . 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 6C :7, Hd "I- AS OODZ THERESA L. PIPER, Plaintiff/Respondent, V. SHAWN D. KLEEMAN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 1998 - 6958 CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, this 9d' day of September, 2008, comes the Petitioner, Shawn D. Kleeman, by and through his attorneys, Irwin & McKnight, and files this Petition for Special Relief making the following statements: 1. The Petitioner is Shawn D. Kleeman, an adult individual residing at 125 Sovereign Drive, Carlisle, Cumberland County, Pennsylvania 17015 (hereinafter "Father"). 2. The Respondent is Theresa L. Piper, an adult individual currently residing at 101 West Louther Street, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter "Mother"). 3. The parries are the natural parents of two minor children, namely, McKenna Kleeman, born February 10, 1997, and currently age 11; and Aislinn Kleeman, born October 5, 1998, and currently age 9. 4. Mother had filed the initial custody action in 1998 with the Court of Common Pleas of Cumberland County. 5. The last prior Order of Court signed by the Honorable Kevin A. Hess was entered in this matter on or about September 20, 2005, granting Mother primary physical custody of the minor children, and granting Father partial physical custody on an alternating weekend schedule during the school year, and on an alternating weekly schedule during the summer. 6. The last Order of Court was subsequently amended by agreement of the parties on August 20, 2007, which agreement granted Father primary custody of McKenna Kleeman, the eldest child of the parties. A true and correct copy of the signed agreement of the parties entered in this matter is attached hereto and incorporated herein as Exhibit "A." 7. The parties reached their agreement because the oldest child had left Mother's home in an attempt to come and live with Father. 8. Following the written agreement of the parties, Father enrolled McKenna in the Cumberland Valley School District, and had her records transferred from the Hamilton Elementary School located within the Carlisle School District. 9. McKenna lived with Father and attended the Silver Spring Elementary School during the entire 2007-08 school year. 10. Following their written agreement in August 2007, the parties continued to alternate custody of their daughters on the weekends so that each parent would have both minor children on alternating weekends. 11. At the beginning of the summer in June of 2008, Mother asked McKenna whether she wanted to continue to live primarily with Father, or whether she desired to return to live primarily with Mother. 12. McKenna informed both parties that she desired to continue to reside primarily with Father. 13. On or about August 7, 2008, Mother contacted Father to inform him that McKenna wanted to return to live primarily with her, in spite of the amendment to the Custody Order signed by both parties. 14. Upon information and belief and without first advising Father, Mother had already requested that a new agreement be drafted in order to transfer primary custody of McKenna back to Mother. 15. Upon further information and belief, Mother instructed the children not to go with Father for the next scheduled weekend exchange unless he signed the new custody papers. 16. When Father in fact refused to sign new custody papers until he had the opportunity to speak with McKenna, Mother refused to permit the children to return with Father at the next scheduled exchange on or about August 10th. 17. Mother unilaterally decided to remove McKenna from the Cumberland Valley School District and enroll her in the Carlisle School District, despite the fact that the parties have shared legal custody and mutually agreed to the change in physical custody as outlined in the signed agreement attached Exhibit "A." 18. Mother, by her actions, has also prevented telephone contact by Father with the children and unilaterally refused to continue the agreed upon custody arrangement since August 10, 2008. 19. It was not until August 26, 2008, that Mother filed a Petition for Modification seeking a modified custody order confirming her unilateral actions. 20. Father desires to enforce the agreement between the parties granting him primary physical custody of the parties' minor child, McKenna Kleeman. 21. The Mother's unilateral actions and decisions regarding custody is not in the best interest or welfare of the parties' minor child. 22. Mother has severely disrupted the day-to-day life of the child, and has irreparably harmed Father's relationship with both of his children. 23. As Mother has belatedly filed a Petition for Modification seeking primary custody of both children, it is presumed that she will not be in agreement with Father's Petition for Special Relief. 24. Father does not know of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the children. 25. The best interests and permanent welfare of the children require that the Court grant the Father's requests as set forth above. WHEREFORE, the Petitioner, Shawn P. Kleeman, respectfully requests that this Honorable Court enter an Order of Court directing Respondent to return the parties' minor child, McKenna Kleeman, to her father, and further granting Petitioner primary physical custody of the parties' minor child. Respectfully submitted, IRWIN & McKNIGHT By: Douglas C/. Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: September 9, 2008 Attorney for Defendant/Petitioner, Shawn D. Kleeman VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to aut Date: September 9, 2008 EXHIBIT "A" Civil Term No. 1998-6958 The following is to be amended in the above Custody Order, as of August 20, 2007. 1. Mother will have Primary physical custody of Aislinn Kleeman, born October 5, 1998. 2. Father will have Primary physical custody of McKenna Kleeman, born February 10, 1997 3. The portion of the order, which states: "Father shall have periods of partial physical custody", shall be changed to: "Mother and Father shall have periods of partial physical custody". 4. The address for Shawn Kleeman: Previously: 7 Oak Ave, Enola, PA 17025 Shall be changed to: 125 Sovereign Dr., Carlisle, Pa 17015 The remainder of the order is to remain unchanged as previously written by Jacqueline M. Verney, Esquire Custody Conciliator. The above changes are agreed upon by both prrties. T' WE COPY FROM RECORD .n Te0r*Vwhwo j hw umto set iq hay:. Pa' 14 of said at cow Nit 7 date F1 A107 date "?u -0 C7 _ } M CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by Certified Mail, Restricted Delivery, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 IRWIN & McKNIGHT By: Douglas 40. Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant /Petitioner, Shawn D. Kleeman Date: September 10, 2008 1 ??Yf l 1 ?i-...?b V R,,,77 THERESA L. PIPER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 1998 - 6958 Civil Term SHAWN D. KLEEMAN, IN CUSTODY Defendant PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION FOR SPECIAL RELIEF 1. Admitted. 2. Admitted. 3. Admitted. The parties are the natural parents of two children, namely, McKenna Kleeman, age 11, and Aislinn Kleeman, age 9. 4. Admitted. 5. Admitted. The last prior Order in this matter was entered on or about September 20, 2005, and provided that Mother would have primary physical custody of both children. 6. Admitted in part; the August 20, 2007 agreement was filed by Father, who was pro se, and the agreement was never entered as an Order of Court. 7. It is admitted that the parties agreed based upon the child's request. However, Mother's understanding is that this was for a trial basis for one year. 8. Admitted. 9. Admitted. 10. Admitted. live. 11. Admitted. Mother did speak with McKenna regarding where she wanted to 12. Denied. In June 2008, Mother asked McKenna whether she wanted to continue living primarily with her Father. McKenna said she was not sure, would think about it, and would decide at the end of the summer. 13. Admitted in part, denied in part. Mother spoke to McKenna on August 3rd 2008. McKenna said she was tired of living at Father's house and she wanted to come home with Mother. Mother encouraged McKenna to think about it further. On or about August 7th, 2008, Mother did inform Father that McKenna still did not want to live with him. McKenna went with Father overnight on August 7th, 2008. 14. Denied. Mother encouraged McKenna to consider her decision before Mother took any action. Mother did not request a new agreement to be drafted until she spoke to Father on August 7th, 2008. McKenna was with her Father overnight on August 7, 2008 and also discussed this matter with Father. 15. Denied. Mother did not instruct the children not to go with Father. She supported a visit; however, on August 10, 2008, McKenna said she refused to go with Father unless Father agreed to sign a custody stipulation; Mother did not say this or suggest this to McKenna. 16. Denied. Father had a scheduled visit with both children August 10th, 2008 which did not occur because McKenna got out of the car and went back in the Mother's house while Father was waiting outside. She refused to go with Father. Father then left. 17. Admitted in part, denied in part. Mother did enroll the child in Carlisle School District. However, the last agreement was not entered as an Order of Court, and Mother was under the understanding that such agreement was to be temporary, on a trial basis, for a period of up to one year, unless the parties agreed to an extension. 18. Denied. Mother has not refused to continue the agreement, as she understood it was temporary. Mother has not prevented the children from calling Father. The children called and left messages on several occasions between August 26th and August 30th. Father called on September 2nd and said he "didn't get their messages." Father requested and had another visit with the children from September 5th through September 6th, 2008. During this visit, the children called Mother and asked to come home to her since Father was yelling and putting extreme pressure on McKenna to resume living at his house. Such behavior on Father's part has damaged his relationship with McKenna. 19. Admitted that Mother filed on August 26, 2008. In addition, a custody concilation is currently set for September 29, 2008 at 9:30 a.m. 20. It is admitted that Father desires to enforce the agreement, which was not incorporated into a court Order. 21. Denied. Mother has had ongoing concerns about McKenna living with Father, because Father has not taken care of McKenna's medical, dental, or emotional needs. However, Mother has not proceeded with her request to revert to the prior Order until the one year temporary agreement expired. Mother is a homemaker, and she can better provide for McKenna's medical, dental, and emotional needs. It is in the best interest of the child to remain with her. 22. Denied. Father has severely damaged his relationship with his child by putting undue pressure on the child to say that she wants to live with him. 23. Admitted that Mother is not in agreement with Father's petition. 24. Admitted. 25. Denied. It is the in the best interest of the child for Mother to maintain primary custody. WHEREFORE, Plaintiff requests the court to enter a modified custody order regarding the child. Respectfully submitted, Date: P f ? L??" reAdams, Esquire 5 St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ATTORNEY VERIFICATION Undersigned counsel, Jane Adams, Esquire, hereby verifies and states that: 1. She is the Attorney of record for Theresa Piper. 2. She is authorized to make this verification on her behalf. 3. The facts set forth in the foregoing response as known to her and not necessarily to her client. She reviewed this response with her client via telephone. 4. The facts set forth in the foregoing response are true and correct to her to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 9, /&-, d E J ,fhe Adams, Esquire ,117 W. South St. Parlisle, Pa. 17013 Attorney for Theresa Piper CERTIFICATE OF SERVICE I, Jane Adams, Attorney for Plaintiff, hereby certify that a copy of Plaintiff's RESPONSE has been duly served upon the Petitioner, by regular mail to Petitioner's attorney, whose address is listed below: Douglas Miller, Esquire 60 W. Pomfret St. Carlisle, Pa. 17013 ATTORNEY FOR DEFENDANT Date: 9 I 6 0 ne Adams, Esquire No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF -on A ^Fe V f- OCT 01 Z004f, THERESA L. PIPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1998-6958 CIVIL TERM SHAWN D. KLEEMAN, : CIVIL ACTION - LAW Defendant . IN CUSTODY ORDER OF COURT r ANDNOW, this 6 day of 4rsv I?w , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated September 20, 2005 shall remain in full force and effect. 2. Father's Petition for Special Relief shall be held in abeyance. 3. The parties shall cooperate with therapeutic family counseling with both children. 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. Another Conciliation Conference is scheduled for November 24, 2008 at 8:30 a.m. BY THE COURT, cc" J e Adams, Esquire, counsel for Mother /Douglas G. Miller, Esquire, counsel for Father C'cpl,Fs CAL. a OS '01 Wit 9- 130 gooz CITY r r THERESA L. PIPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 1998-6958 CIVIL ACTION - LAW SHAWN D. KLEEMAN, Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, 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 McKenna Kleeman February 10, 1997 Mother Aislinn Kleeman October 5, 1998 Mother 2. A Conciliation Conference was held in this matter on September 29, 2008, with the following individuals in attendance: The Mother, Theresa L. Piper, with her counsel, Jane Adams, Esquire and the Father, Shawn D. Kleeman, with his counsel, Douglas G. Miller, Esquire. 3. A prior Order of Court dated September 20, 2005 was entered by the Honorable Kevin A. Hess, providing for shared legal custody, mother having primary physical custody with Father having alternating weekends. The parties agreed for the school year 2007-08 McKenna would reside primarily with Father. However, at the end of the school year the child returned to Mother's primary physical custody again. Father filed a Petition for Special Relief and Mother filed a Petition for Modification. 4. Father did not agree to mother having primary physical custody of McKenna or with withdrawing his Petition for Special Relief, but was willing to agree to the attached order authorizing counseling and a return to conciliation in two months. 1D?l?GF ? 4 Date acq line M. Verney, Esquire Custody Conciliator / THERESA L. PIPER, Plaintiff/Respondent, V. SHAWN D. KLEEMAN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 1998 - 6958 CIVIL TERM IN CUSTODY PRAECIPE TO WITHDRAW PETITION FOR SPECIAL RELIEF To Curtis R. Long, Prothonotary: Please withdraw the Petition for Special Relief filed on behalf of the Defendant, Shawn D. Kleeman, in the above captioned case. Respectfully Submitted, Dated: October 14, 2008 IRWIN & McKNIGHT Douglas #3. Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 or w CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by Certified Mail, Restricted Delivery, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 IRWIN & McKNIGHT Date: October 14, 2008 By: Douglas . Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant /Petitioner, Shawn D. Kleeman 2 C"? - ? °-? ? ?7 L?J rc ?. ? , ! , V? ? ? ?^ ?. .,?t ? T! r7J 7<<. _ ?4 ..; w ?.J OCT ? 9 Z00b (n THERESA L. PIPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1998-6958 CIVIL ACTION - LAW SHAWN D. KLEEMAN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 28th of October, 2008, being advised that the Petitioner has filed a Praecipe to Withdraw Petition for Special Relief, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, aVerney, Esquire, Cust y Conciliator rIO