HomeMy WebLinkAbout00-05203
~ =
MARSHALL L. KESSLER, : IN THE COURT OF COMMON PLEAS OF
PlaintiflJRespondent
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: NO. 00-5203 CIVIL TERM
JENNIFERL. CHR!STIAN,
Defendant/Petitioner : CUSTODY
ORDER OF COURT
AND NOW, thisz.~ day of September, 2000, upon consideration of the attached Petition
for Special Relief, a Rule is issued upon Respondent, Marshall L. Kessler, to show cause why the
relief requested should not be granted. The Rule is returnable at the hearing to be conducted on
Monday, October 2, 2000, at 1:30 p.m. in Courtroom No.2 on the 4th Floor of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
"
)
/
Joan Carey, Attorney for DefendantlPetitioner
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
FAX: (717) 243-8026
Bruce A. Grove, Jr., Attorney for Plaintiff/Re~pondent 01
110 Lexington Road COfYes /Yla lleol M
York, PA 17402 '
(71 7)747-9351 p-erso/lOvI~ II veJ1
FAX: (717) 747-5761 9- 2Q-OO'
I
i
i,.
. ~
-~_:,
'1
-". --'~"
rw:-'
~,
F\LE.D.-O\~T\CE
.' --', -' '(--AH'y
-,.,_."'-,,.,. "
;-,1, ,;''','-..:\'-iJI
nOSI-P 29 "'4 8' ~1
v . ~_I - hI. ..,~.
CUMi3ERlJND COUNTY
PENNSYLVANIA
~1Nl!iil:
I, ,J lr_,..'r-~
J:Il!i1 _
,.,
J~)gW~!;;~~t.rt'C';:-~'~jij!J'~-""'~*"'>'1"'~\!',~~f'~d_'''''''0'~,"~j.~~~~~)
~- ~-- -~
....
"
H
-' -, - r~
MARSHALL L. KESSLER, : IN THE COURT OF COMMON PLEAS OF
Plaintifi7Respondent
vs.
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 00-5203 CIVIL TERM
JENNIFERL. CHRISTIAN,
DefendantlPetitioner : CUSTODY
TEMPORARY CUSTODY ORDER
AND NOW, this _ day of September, 2000, upon consideration of the Petition for Special
Relief, the following Order is entered regarding Kaylie Larie Kessler:
1. DefendantlPetitioner, Jennifer L. Christian, shall have physical custody of the child
pending further Order after the conciliation conference scheduled on Friday, October 6, 2000, at
2:00 p.m. with Hubert X. Gilroy.
2. PlaintifflRespondent, Marshall L. Kessler, shall immediately return the child to
Defendant.
3. The appropriate law enforcement officers shall facilitate the immediate transfer of
custody, if necessary.
By the Court,
Edgar B. Bayley, Judge
Joan Carey, Attorney for DefendantlPetitioner
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Bruce A Grove, Jr., Attorney for PlaintifflRespondent
110 Lexington Road
York, PA 17402
(717) 747-9351
~ ~ - ,-,
,--
'''-'j";:
MARSHALL L. KESSLER, : IN THE COURT OF COMMON PLEAS OF
Plaintifi7Respondent
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-5203 CIVIL TERM
JENNIFERL. CHRISTIAN,
DefendantIPetitioner : CUSTODY
PETITION FOR SPECIAL RELIEF
Petitioner, Jennifer L. Christian, by and through her attorney, Joan Carey of Legal Services,
Inc., represents the following:
I. Defendant, Jennifer L. Christian, hereinafter referred to as Mother, resides at 2225
Spring Street, West Lawn, Berks County, Pennsylvania 19609.
2. Plaintiff, Marshall L. Kessler, hereinafter referred to as Father, resides at 33 Mt. Zion
Road, Carlisle, Cumberland County, Pennsylvania 17013.
3. The parties are the parents of Kay lie Larie Kessler, 5 months old, born May 16, 2000.
4. On July 25, 2000, Gary L. Kelley, Attorney at Law, filed a Complaint in Custody on
Father's behalf to the above-captioned docket number, and on July 27,2000, the Court scheduled
a conciliation conference for October 6,2000, at 8:30 a.m. with Hubert X. Gilroy. See Exhibit A,
incorporated herein by reference.
5. On or about August 24,2000, an altercation ensued between Mother and Father and
the police were called. In spite of bruising to the Mother and without fully investigating her claim
of self defense, she was charged with harassment and simple assault, and taken to Cumberland
County Prison where she remained for approximately four days until she made bail. A preliminary
hearing is scheduled before District Justice Shulenberger on September 28, 2000, at 10:45 a.m.
, ,
"
~
6. On or about August 29, 2000, Father retained the Family Law Clinic who filed a
Petition tor Protection From Abuse (KESSLER v. CHRISTIAN, No. 00-5969, Cumberland County)
against Mother based in part on the incident which occurred on or about August 24, 2000. A
Temporary Protection From Abuse Order was entered ex-parte which in pertinent part awarded
Father primary physical custody of the child and ordered Mother's contact with the child to be
supervised by the paternal grandparents at their home, which is also Father's residence, every other
day from 6:00 p.m. to 8:00 p.m. A hearing in the case was scheduled for September 7, 2000, at 2:00
p.m. before Judge Edgar B. Bayley. See Exhibit B, incorporated herein by reference.
7. On or about August 28, 2000, Mother retained Legal Services, Inc. (LSI) who filed
a Petition for Protection From Abuse (CHRISTIAN v. KESSLER, No. 00-6004, Cumberland
County) against Father based in part on the altercation which occurred on or about August 24, 2000.
Custody was not included in the petition because the parties were attempting to negotiate this matter
through their counsel.
8. On or about August 30, 2000, stafffrom the Family Law Clinic advised LSI staff that
Father had retained Gary L. Kelley for representation in the Protection From Abuse case.
9. From August 30, 2000, through September 5,2000, Mother exercised her supervised
visits with the child pursuant to the Temporary Protection From Abuse Order of August 29,2000.
10. On or about September 6, 2000, counsel for Father telephoned Legal Services, Inc.
staff and advised that a settlement in the parties' PF A matters may be possible and the PF A hearings
were continued to October 16, 2000, at 10:00 a.m., and the parties agreed to focus instead on
resolving the matter of an interim custody schedule.
" <
0.'"
n "
,-
"",. .~- "'"
11. On or about September 7, 2000, Father agreed to an interim custody arrangement
pending further Order after the conciliation conference on October 6, 2000. Mother would have
shared physical custody and Mother and Father agreed to transfer custody on alternating 4-day/3-day
schedule beginning with Mother on September 7, 2000. See Exhibit C, incorporated herein by
reference.
12. On Tuesday, September 19th, Gary L. Kelley advised Legal Services, Inc. staff that
he would no longer be representing Father.
13. Father retained Attorney Bruce A. Grove, Jr., who advised him to immediately
discontinue the interim shared custody schedule that the parties had verbally agreed to and had
successfully followed from September 7-17th, and return to the custody schedule originally set out
in the Temporary Protection From Abuse Order requiring Mother to have supervised visitation with
the child in the presence of the paternal grandparents at their home in Carlisle pending further Order
after the conciliation conference.
14. As of September 21, 2000, to the filing of this petition, Mother has been limited to
supervised visitation two hours every other day.
15. In spite of Father's arbitrary decision to refuse Mother the extended periods of
custody with the child, Mother has travelled an hour and a half from Reading to Carlisle and home
again, every other day, in order to have time with her child for two hours every other day pursuant
to the Court Order.
16. Supervised visitation is not warranted under the facts of the case for reasons including
the following:
a) Mother has been the child's primary caregiver from birth.
"_'!lrn:\),1
b) Mother's behavior has not adversely affected the child.
c) It is not in the child's best interest to be kept from quality time with her
mother.
d) Mother resides with her mother, step-father, and sister and can continue to
provide for the needs of her child including a stable environment.
17. The Mother has concerns about the welfilre of the child if she is not immediately
returned to her custody for reasons including the following:
a) Father has not demonstrated an ability to care for and provide for the child's
basic needs.
b) Father threatened suicide using a giIn and has exhibited other unstable and
immature behavior.
c) Father is not acting in the child's best interest by arbitrarily and unreasonably
restricting Mother to limited, supervised contact with the child, without
justification.
18. The Mother is the parent most likely to provide the other parent access to the child.
19. Father's counsel, Bruce A. Grove, Jr., has been informed of the filing of this petition
(by telephone and by sending a copy of the pleadings to him via facsimile) and does not concur with
the relief requested.
WHEREFORE, Petitioner requests that this Court enter a Temporary Custody Order pending
the conciliation conference scheduled on Friday, October 6, 2000, granting her primary physical
custody of the child, ordering Respondent to return the child to her custody immediately, ordering
the approprate police department and/or law enforcements agency to facilitate the immediate transfer
< = < ".;iJNb,,,
of custody to Petitioner, if necessary, and granting any other relief which is just and proper.
Respectfully submitted,
oan Carey, Attorne or Petitioner
LEGAL SERVICE , INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
~~
. ~=~'-
VERIFICATION
'"'
~,~~' < - UIiIC
I, Jan Terpening, Paralegal, Legal Services, Inc., verify that the facts and statements contained
in the above Petition are true and correct to the best of my knowledge. The information is based on
several conversations with Petitioner, Jennifer L. Christian. This verification is made pursuant to
Rule 1024 (c)(2) of the Pennsylvania Rules of Court (state) since Petitioner is out of Cumberland
County and her verification cannot be obtained in a timely manner. I understand that any false
statements are made subject to the penalties of 18 Pa.C.S.~4904, relating to unsworn falsification
to authorities.
Dated:
pYCXJ
~r-
Jan Terpening, P
LEGAL SERVIC
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
-"1' ..
"'"""-~ ~" ~~- ".........
, '~'
~-
MARSHALL L. KESSLER
IN TIIE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
PLAINTIFF
V.
JENNIFER CHRISTIAN
00-5203 CML ACTION LAW
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, this 27th day of July , 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Huhert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on the ~ day of October ,2000, 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.
FOR THE COURT,
By: Isl
Hubert X. GilrOJl. ~
Custody Conciliato
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 ATIORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
EXHIBIT A
l~"W
~- -"I"'I<i~\ -
~.
.
~
f
(
v.
/.lUG 2 9 (UoolP
IN THE COURT OF COMMON PLEAS'OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
IN PROTECTION FROM ABUSE
MARSHALL LEON KESSLER,
Plaintiff
JENNIFER L. CHRISTIAN,
Defendant
NO. (J)-fj1h1 CIVIL TERM
NOTICE OF HEARING AND ORDER
YOU -HA VB BEEN SUED IN COURT_ If you wish to defend against the claims set forth in the
following pages, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed
against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In
particular, you may be evicted frorn your residence an~fMJther imPort~t rightji. "')'2IJ
A hearingJlll the matter is scheduled for the 7r\, day of _'I1.'l11ttt..t:... 2000, at/~., in
Courtroom ~ at the Cumberland County Co ouse, Pennsylv 'a.
You MUST obey the Order that is attached until it is modified or terminated by the court after notice and
hearing. If you disobey this Order, the police may arrest you. Violation of this Order rnay subject you to a
charge of indirect criminal conternpt which is punishable by a fmeofup to $1,000.00 and/or up to six months
in jail under 23 Pa.C.S. ~ 6114. Violation may also subject you to prosecution and criminal penalties under the
Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~ 2265, this Order is enforceable anywhere in the
United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the
state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence
Against Women Act, 18 U.S.C. ~~ 2261-2262.
YOU SHOULD TAKE TillS PAPER TO YOUR LA WYERAT ONCE. YOU HAVE THE RIGHT TO
HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER.
APPOINT A LAWYER FOR YOU. IF YOU DO NOTHA VE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
EXHIBIT B
,~~. _.'-
~" ".~=
== .
,c~ -
-
~~ ~ - ":1J.:(
MARSHALL LEON KESSLER,
Plaintiff
v.
IN THE COURT OF COMMON .PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
IN PROTECTION FROM ABUSE
JENNIFER L. CHRISTIAN,
Defendant
NO. t/J -r)qli1 CIVIL TERM
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Jennifer L. Christian
Defendant's Date of Birth: 01101/1980
Defendant's Social Security Number:
Names of All Protected Persons, including Plaintiff and minor child: Marshall Leon Kessler and minor child
Kaylie Kessler
AND NOW, this 1:H~ day of ~/(} 11JJ- ,2000, upon consideration of the attached Petition for
Protection From Abuse, &feIcourt hereb~oWing Ternporary Order:
[X] 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they
might be found.
[] 2. Defendant is excluded frorn the residence at or any other permanent or temporary residence where
Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no
right or privilege to enter or be present on the premises.
[X] 3. Except for such contact with the minor child as may be permitted under Paragraph 5 of this Order,
Defendant is prohibited frorn having ANY CONTACT with Plaintiff at any location, including but not
limited to ariy contact at Plaintiff's school, business, or place of employment. Defendant is
specifically ordered to stay away from the following locations for the duration of this Order:
The Plaintiff's place of employment, Staples in Carlisle, PA and the Plaintiff's place of residence 33
Mount Zion Road, Carlisle, PA 17013.
[X] 4. Except for such contact with the minor child as may be permitted under Paragraph 5 of this Order,
Defendant shall not contact Plaintiff by telephone or by any other means, including through third
persons.
[X] 5. Pending the outcome of the [mal hearing in this matter, Plaintiff is awarded temporary custody of the
following rninor child: Kaylie Kessler
Until the [mal hearing, all contact between Defendant and the child shall be limited to the following:
Defendant may have supervised visitation with Kaylie Kessler at 33 Mount Zion Road, Carlisle, PA
17013. These visitations may occur every other evening frorn 6:00pm to 8:00pm, beginning on
~",~"> . ell
-
.'.'
.L
~. L:
Wednesday, August 30, 2000. All visitations must be supervised by Donna arid Garry Kessler, Sf.
Donna and Garry Kessler, Sr. must be present at all times during these visitation periods.
The local law enforcement agency in the jurisdiction where the child is located shall ensure that the child
is placed in the care and control of the Plaintiff in accordance with the terms of this Order.
06. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated
local law enforcement agency for delivery to the Sheriff's office:
Defendant is prohibited frorn possessing, transferring or acquiring any other weapons for the duration
of this order.
[) 7. The following additional relief is granted:
[X] 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and
any other agency specified hereafter:
[X] 9. THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
[X] 1O.THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT
UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order rnay result in arrest for indirect criminal
contempt. which is punishable by a fme of up to $1,000.00 andlor up to six rnonths in jail. 23 Pa.C.S ~ 6114.
Consent of the Plaintiff to Defendant return to the residence shall not validate this Order, which can only be
changed or rnodified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. !l 6113.
Defendant is further notified that violation of this Order may subject hirnlher to state charges and penalties under
the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Wornen Act, 18
V.S.C. ~!l2261-2262.
NOTICE TO LAW ENFORCEMENT OmCIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiff' s residence OR any
location where a violation of this order occurs OR where the defendant may. be located. If defendant violates
Paragraphs I through 6 of this Order, defendant may be arrested on the charge of Indirect Criminal Contempt.
An arrest for violation of this Order rnay be made without warrant, based solely on probable cause, whether or
not the violation is committed in the presence of law enforcernent.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used
during the violation of this Order OR during prior incidents of abuse. Weapons rnust forthwith be delivered to
the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons
until further Order of this court, unless the weaponls are evidence of a crime, in which case, they shall remain
with the law enforcement agency whose ofticer rnade the arrest.
tf-c}q -00
Date
BY THE COUR'!1
~/ C:~-'1 .
~llUE cOPY FROM RECORD
In Testimony whereof. I here unto setll\Y IIaIlO
.and tm' said ~ at carllS.~I.. .
fl1i~ . da,& ~ .~
~.' """-
. Prothonotary
,,,,,_ ,,"~= "'~'.~ JIIo.b..Ll
-~,
N~
""'"
~" ."
MARSHALL L. KESSLER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-5203 CIVIL TERM
JENNIFER CHRISTIAN,
Defendant
: CUSTODY
TEMPORARY CUSTODY ORDER
AND NOW, this _ day of September, 2000, pending further Order after the conciliation
conference scheduled in the above-captioned case, the following Order is entered by consent of the
parties with regard to custody of the parties' child, Kaylie Larie Kessler, born April 16, 2000.
1. Plaintiff, hereinafter referred to as Father, and Defendant, hereinafter referred to as
Mother, shall share physical and legal custody of the child.
2. Pending further Order after the conciliation conference scheduled on October 6, 2000,
the parties shall share custody of the child by alternating four-day periods and three-day periods
beginning the schedule as follows and continuing the pattern thereafter:
a) Mother shall have the child for a four (4) day period commencing Thursday,
September 7,2000, at 4:00 p.m. through Monday, September 11, at 7:00 p.m.
b) Father shall have the child for a three (3) day period from Monday,
September 11, 2000, at 7:00 p.m. through Thursday, September 14, at 7:00 p.m.
c) Mother shall have the child for a three (3) day period from Thursday,
September 14, 2000, at 7:00 p.m. through Sunday, September 17, 2000, at 7:00 p.m.
d) Father shall have the child for a four (4) day period from Sunday,
September 17, 2000, at 7:00 p.m. through Thursday, September 21, 2000, at
EXHIBIT C
-"'~-~~.. ~ . <~""""""
,- """""""'
~"""~~~
"
7:00 p.m.
e) Mother shall have the child for a four (4) day period from Thursday,
September 21, 2000, at 7:00p.m. through Monday, September 25, 2000, at 7:00p.m.
f) Father shall have the child for a three (3) day period from Monday,
September 25, 2000, at 7:00 p.m. through Thursday, September 28, 2000, at
7:00 p.m.
g) Mother shall have the child for a three (3) day period from Thursday,
September 28,2000, at 7:00 p.m. through Sunday, October 1, 2000, at 7:00 p.m.
h) Father shall have the child for a four (4) day period from Sunday,
October 1, 2000, at 7:00 p.m. through Thursday, October 5, 2000, at 7:00 p.m.
i) Mother shall have the child for a four (4) day period from Thursday,
October 5, 2000, at 7:00 p.m. through Monday, October 9, 2000, at 7:00 p.m.
3. The parties shall share transportation as follows: Mother shall pick up the child at
Father's residence at 33 Mt. Zion Road, Carlisle, Cumberland County, Pennsylvania, for her periods
of custody with the child, and Father shall pick up the child at Mother's residence at 2225 Spring
Street, West Lawn, Berks County, Pennsylvania, for his periods of custody with the child.
4. Mother and Father, by mutual agreement, may vary from this schedule at any time,
but the Order shall remain in effect until further Order of Court.
5. Mother and Father agree that each shall notify the other immediately of medical
emergencies which arise while the child is in that parent's care.
6. Neither party shall do anything which may estrange the child from the other parent,
or injure the opinion of the child as to the other parent or which may hamper the free and natural
"'"""""-""_ ~ ='~l~~~- '" '
"- .~~ ~
. "
',..A-i,
development of the child's love or respect for the other parent.
By the Court,
Edgar B. Bayley, Judge
This Order is entered pursuant to the consent of Plaintiff and Defendant:
Marshall L. Kessler, Plaintiff
~~ C~~'~Q~^
Je . er L. C . stian, Defendant
Gary L. Kelley, Attorney for Plaintiff
132-134 Walnut Street
Harrisburg, PA 17101
(717) 238-1484
Joan Carey, Attorney for Defendant
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
~jfum~Jl'oI<Hiilf~Iil'il~",;!"-,;ii,""i'~'''""0.''''.:lli",,-~,~I,!ii~i~,j~lliffi"j@a,h-i'ii,~,,:i;;:"':';fP~'im:e,"l4lLogiiiKli/c"i,!M<l,~i;f''''~" "'\ 'c' '~'''''l_;<'''"'''
-"
c,.
,-, ~ ~, ~.
~ -'ili 1'"~"
o
c:
<""
,18:1
rn;'~"1
Z:D
ZC
~,,;.;::
r':::n
<-.......
:;C::"........
-';>"', ~
~C}
Pc
Z
~
-<
- ~
~, c~'"_, .,,_
~17~"1
I
,
c::>
(::j
rn
l''Y1
"U
I'.)
-..!
o
"q
,,_1
{:-, iIJ
:Tl
;+,_,r..;;
:::~(-=)
::-,:C3j
-:-;...-C)
C');-n
1S
-<
-u
-
h..l:>.
w
,,,>
...-.
:::
~-"
"_'f_,-,
.~
...... ..,
MARSHALL L. KESSLER IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
JENNIFER CHRISTIAN
00-5203 CIVIL ACTION LAW
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, this 27th day of July ,2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on the ~ day of October ,2000, 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 defme 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 THE COURT,
By: Isl
Hubert X. Gilro Es
Custody Conciliato
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 ATIORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
I
i
\
i
il
'i
;1
,I
,
-
-~-"-,",~ ~"!,","....,,.
7 1;, ';J.'i? . t9t'J
.,. eJ-'[f .aC
7-,;)<?-oa
nr] 'I" r,'
, i' "I J',,',
""', "'l\" _ C'...
!;::'" "-'I. j q
.;; ,). J L
CLJ;\;!t~.~.).'iU-\\L) o,)Jiji\qy
H:I\INSYIII/"o.l\ll1\ .,
L.. ",,,{,\
&d. o/Y~ ~4a;
'#~ ~ a ~.u- ~
~pk./~ ?I.~i4
..... co
-~- ~"
",~,J",_". .. ",~"""",< ,.~,'~ 0<'-'_"_ =~,~~-'~~'ilfil"m_~,~~~~
_,,,I"I~~~r_",,,,,~
? JI
"
.--!
MARSHALL L. KESSLER,
Plaintiff,
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. lHJ- 5.:tD3 ~ </~
:
JENNIFER CHRISTIAN,
Defendant
CIVIL ACTION - CUSTODY
ORDER OF COURT
AND NOW, , 2000, upon consideration of the attached
Complaint, it is hereby directed that the parties and their respective counsel appear before
, Esquire, the Conciliator, at
, Pennsylvania, on the day of , 2000, at
_.m., 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 be present at the conference. Failure to appear at the conference may provide grounds for
... entry of a temporary or permanent Order.
FOR THE COURT:
By:
Custody Conciliator
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.
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY COURT HOUSE
FOURTH FLOOR
CARLISLE, PA 17013
(717) 240-6200
.j
Ii
rf'
~~
~JL ~'"
-ilL.;;"
MARSHALL L. KESSLER,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. IHJ - S .203 ~ ,- P-
JENNIFER CHRISTIAN,
Defendant
CIVIL - CUSTODY
COMPLAINT FOR CUSTODY
AND NOW, comes the Plaintiff, Marshall L. Kessler, by and through his attorney, Gary
L. Kelley, and respectfully avers as follows:
1. Plaintiff is Marshall L. Kessler who resides at 25 West Big Spring Avenue, Apt.
3, Newville, Cumberland County, Pennsylvania 17241.
2. Defendant is Jennifer Christian who resides at 25 West Big Spring Avenue, Apt.
3, Newville, Cumberland County, Pennsylvania 17241.
3. Plaintiff seeks shared custody of the following child:
Name
Present residence
Age
Kaylie Larie Kessler 25 W. Big Spring Ave., Apt 3
Newville, PA 17241
DOB 4/16/00
4. The child was born out of wedlock. The child resides with both parties.
5. During the past five (5) years, the child has resided with the following persons and
at the following addresses:
Persons
Addresses
Dates
Plaintiff
Defendant
25 W. Big Spring Avenue, Apt. 3 From birth
Newville, PA 17241
6. The mother of the child is Defendant. The parties are not married.
7. The relationship of Plaintiff to the child is that offather. Plaintiff currently resides
-
"~'" _ L ~,
.''-<'
< ,"','
'with the following persons:
Name
Relationship
Defendant
Kaylie
Girlfriend
Daughter
8. The relationship of Defendant to the child is that of mother. Defendant currently
resides with the following persons:
Name
Relationship
Plaintiff
Kaylie
Boyfriend
Daughter
9. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court. Plaintiff has no
information of a custody proceeding concerning the child pending in a court of this
Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or who claims to have custody or visitation rights with respect to
the child.
10. The best interest and permanent welfare of the child will be served by granting the
relief requested because:
Plaintiff is a fit parent.
Plaintiff desires that an Order for custody be entered.
Placing custody with Plaintiff will provide continuity, stability and certainty to the child's
life.
11. 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 this Court to grant legal and physical custody of the
'.
""'~'ml~Ii,~~~~~~@.MI9i~'J1 -" ...........'-'''j-
"
c.
'-.
'.,-
C""
tmiL!
II
r
d
I,
I'
Ii
I
'I
j
il
,I
II
I
I
I
,
I;
,-,'
child to Plaintiff.
Respectfully submitted,
Ee~,~~-
ID No. 46801
132-134 Walnut Street
Harrisburg, PA 17101
(717) 238-1484
Attorney for Plaintiff
,~~~.~
-~~,....-
~ - "'""'""-"-"~'-~~~
~.~~-
'~ i ~""'''':'
~
VERiFICATION
1 \'cnfy that the statements made in this Complaint are true and correcl I lUlderslnnd Ih..1 f..I..,.
sWlcllIcnls hcrein are made subject to the penalties of 18 Pa.C.S. Section 4904, relatlOg 10 unswlIlIl
falsification to authorities.
Dale:
.,
/It,tI(~L
.
,
,\"
,
.
.."""~' '~jjf:;ljj'~"j;httlfJ!t_'""L',~P~,.',--~oJ.\l1idi+4'~,,j,""'~~~-.~ ~-,."'''''.
ft
~
~,
1-J ~
C ~
-
~ ~
,.
"[,;t
. ,
-
'_.*
~"
Qlf':-
;~i~-,','
':::,-! .
~~
1f2
.0::::'_
~
~"~'I ~.~
n
.,
~
....
~
G
~
k,
,-
i\..,
C
.'~'>I
-"
(.0
-:.,
'-'
2-"--
~
'<
~
it
-C. "t
~\Ir\~...f::
e ~' >'
E &~
, ~
f
..
"
--,',
"",,,,,,, '_0
1';
MARSHALL L. KESSLER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JENNIFER CHRISTIAN,
DEFENDANT
AND NOW, this
00-5203 CIVIL TERM
ORDER OF COURT
~ day of October, 2000, this matter having been
called on a petition by the mother for special relief regarding Kaylie Larie Kessler, born
April 16, 2000, IT IS ORDERED that the mother shall have temporary physical custody
of the child from now until the conciliation conference scheduled for Friday, October 6,
2000, at 8:30 a.m. An order shall be entered following the conciliation conference
regarding all matters pertaining to the custody dispute between the parties. The mother
shall bring Kaylie to the conciliation conference.
Bruce Grove, Esquire
For Plaintiff
Joan Carey, Esquire
For Defendant
0.3
I ~'i~
:saa
,~
~._...\ \:" ~~,~C?2\.\~I'2. .- .
. " ,._...",.~,;o;J
, ", "," \' ''''.' :'-'~:'~! \(\\ \"
.. ' ,..-
, -
," 'u~' "I'
~ _ ,1\"'\ ,1._ U
~~ln t,\r \ ..~~) :--,\
~.jv ",,1,)'
, "J"J,sr'{
C\,I'\i,Y.C\"i, ~.,.\'J U - "~,I
)"?~~~IS'{\..\ji'.N\~
I
k-<:lll
__lINIlJ
..^
~~r
_J!ii~"",,,,,,~...",,;.!r_~JI[,
~ "
..~, ~ "-~~'@~~
~
,
,-~."'~ ~ -
..,,,."__'u_'_,,.'..".,_
'q" 6'" "'..." ~-, ,~"'"-;,,_.z,''''~' , kH/'; ,[0'>;';.","';"_
j.,~.,'
; '>
Ocr 1 2200rJ!J
MARSHALL L. KESSLER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
JENNIFER L. CHRISTIAN,
Defendant
NO. 2000 - 5203 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this \ \0 day of October, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
I. All prior Custody Orders entered in this case are vacated.
2. The Father, Marshall L. Kessler, and the Mother, Jennifer L. Christian, shall enjoy
shared legal and shared physical custody of Kaylie Larie Kessler, born April 16,
2000.
3. Physical custody shall be handled with the parties exchanging custody on a five (5)
day alternating basis. This custody arrangement shall start on October 9th with
Father getting custody on October 9th for a period of five days and the parties
alternating five day time frames thereafter.
4. Exchange of custody shall take place at a halfway point between Newville and
Reading as agreed upon by the parties or some other rnutually agreeable
transportation arrangement that the parties may work out with the understanding that
transportation will be shared.
5. The parties may alter this custody arrangement if they reach an agreement between
themselves. Absent an agreement, this Order shall control with the five day period
being calculated as of October 9th.
6. The parties will share holidays pursuant to a schedule reached between the parties
with the understanding that the parties will either split the holiday or work out an
alternating holiday schedule so it is equal.
..
f "
cc:
-,,-'
-...'
" '~"'"' ~ "
'< ",,'" ,,:,';'-,0. ~,>:' "~".:'i;A',,' '-'F"i,"'-
" ~ ''];'1
7. In the event either party desires to modify this Order and the parties are unable to
reach an agreement on a permanent modification, either party may petition the Court
to have the case again scheduled for a Conference with the Custody Conciliator.
Joan Carey, Esquire
Bruce A. Grove, Jr., Esquire
>~
J.
<
~
;.
r\l'SW
,
\,;'.
'l
J
~" f"-c
1"'J " ,
..... "j'
'" '^-,.
oJ ",i ,",'
r>\ 1\' ,:,;~,:;_'; :" i\'" (' (1\ \'Isr{
\...lVI"'" '.'..1,\\,;,,-, ,-..,--1 ~l
" ~)EN~,~SYL\fi\\\~\t\
" /
1~1<
,
.
"
,iIl~'M!im,~"",
',-
;"" '<"<U;'do',;;ii".-' "",' "'"_ I,~,,-',
.' -<'L,1
i
f
~
MARSHALL L. KESSLER,
Plaintiff
IN TIIE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
CIVIL ACTION - LAW
JENNIFER L. CHRISTIAN,
Defendant
NO. 2000 - 5203 CIVIL
IN CUSTODY
Prior Judge: Edgar B. Bayley
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
I. The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Kaylie Larie Kessler, born April 16, 2000.
2. A Conciliation Conference was held on October 6, 2000, with the following individuals in
attendance:
The Father, Marshall L. Kessler, with his counsel, Bruce A. Grove, Jr., Esquire; and the
Mother, Jennifer L. Christian, with her counsel, Joan Carey, Esquire.
3. The parties agree to the entry of an order in the form as attached.
fO ( fI I ()6
DATE
(}trVv
Hubert X. Gilroy, Es
Custody Conciliat