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HomeMy WebLinkAbout00-06128 . ~- " =.. lJ m .', -t KATHRYN M. KNISELY PLAINTIFF V. EARL L. KNISELY, JR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA 00-6128 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 11th day of September ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp HilI, PA 17011 on the 17th day of October ,2000, at 9:15 a.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 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 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,"'"-. , I I I I I I II Ii II jij ," ill 'I' i.! ~f;' Iii II' ili 'I " ii, Ii! Ii il! it-: ;'i ','I " ;[) !.! ::-1 :1,] Iii Iii ill Jj " . ,,~~" " '~ "~ ~ Co' 4'/3 -CCJ f-/3 .e:t? tJ -/3 'CJo 1, ,p , .,h . " ~~',;"" _c_ ~_o,..,~ ,_" - " --- ';.'~ -- " ~" =~ < "- (~ I . ,.- - ~'. ,..... t 1 "l'-\ erNf) 1 J ;"';'l Ii> ;. IJ1.) ,) ~___ < ',n "'1"1"(' -- - -j ,;, i ljUl\ ("\+ n,,11"":'.:":L ,"'1 I."" .IUI\' ;.,,'-, ,- "~'/l \ (/,n f!J.\ I)F.\I~b j LVI",I~,,\ _I. &~~~4~ ~~~~< 1 - /772 L~ /x0~ ~~ ~ ~.~.~~~, '",",' l~~_~~~ , _____~;?:"i~*-'*;W<;31"'~V"J~'1'i'*'-'1J'W,,-'~""'''~~f''''''~j,ll'J:iiliJii'~!f!f>!f~gJi~ . ~ -,. .-"-"",---" ,; ~ -, 0 _ ^ _' _ __ ,~ _"," _o-,r. > -- -~ , ,,,'~.h___-_ " _;.. "'llliili: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN M. KNISELY, Plaintiff NO. UV_ ~/d.P ~ l.-u- V. CIVIL ACTION - LAW IN CUSTODY EARL L. KNISELY, JR., Defendant ORDER OF COURT AND NOW, THIS day of , 2000, upon consideration of the attached Complaint, IT I HEREBY ORDERED AND DIRECTED that the parties and their respective legal counsel shall appear before " the conciliator, at on the ___ day of , 200__, at for a Conciliation Custody Conference. At such conference an effort will be made to resolve the issue 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. Either party may bring the Child or Children who are the subject of this custody action to the conference, but the child's/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YCiU 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 L,EGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FOR THE COURT: CU~TUD~ CU~CLLLATUK "- ,., - ='-"'- . ,_I " '_;r .1 "- ,--',;0- - '-~ ......."" . NOTICE AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities 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. ',- " ~"" -- ~"~ "'--" "~';,:--,"""-: --~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN M. KNISELY, Plaintiff NO. On. t.J.lY G;;J I.u,...... V. CIVIL ACTION - LAW IN CUSTODY EARL L. KNISELY, JR., Defendant CUSTODY COMPLAINT 1. The Plaintiff is Kathryn Knisely, residing at 35 Bourbon Red Drive, Mechanicsburg, Pennsylvania 17050. 2. The Defendant is Earl L. Knisely, Jr. residing at an unknown address, but whose last known address is 999 Oak Lane, Apt. A, New Cumberland, PA and who works at Gullifty's Restaurant, Carlisle Road, Camp Hill, PA 17011. 3. Plaintiff seeks custody of the following children: NAME PLACE OF RESIDENCE AGE D.O. Jacob A. Knisely 35 Bourbon Red Drive 18 12/3: Mechanicsburg, PA 17055 mo D ~ 4. The child was born out of wedlock the parties having married on April 17, 1999. 5. The child is presently in the custody of the mother who resides at 35 Bourbon Red Drive, Mechanicsburg, Pennsylvania 17050. 6. During the past five years, the child has resided with the following persons and at the following addresses: . 1 - '" , -.,. "_<;. ,:i:'" ,~::" .. PERSONS ADDRESSES DATES Kathryn & Earl Knisely 999 Oak Lane, Apt. A, 12/913 - New Cumberland, PA 7/22/00 17070 Kathryn M. Knisely 999 Oak Lane, Apt. A, 7/22/00- New Cumberland, PA 8/31/00 17070 Kathryn M. Knisely 35 Bourbon Red Drive, 8/31/00- Mechanicsburg, present Pennsylvania 17050 7. The mother of the child is Kathryn M. Knisely currently residing 35 Bourbon Red Drive, Mechanicsburg, Pennsylvania 17050. 8. The mother is married to the father. 9. The father of the child is Earl Knisely, Jr. currently residing at unknown address. 10. The father is married to the mother. 11. The relationship of Plaintiff to the child is that of mother. 12. The Plaintiff currently resides with the following persons: NAMES RELATIONSHIIg Jacob Alexander Knisely son 13. The relationship of Defendant to the child is that of father. 14. The Defendant currently resides with the following persons: RELATIONSHIl~ Unknown ~ NAMES Unknown 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody -2- :' ~ I o ',~ ~ "",~" ;;::- ,,-,,'-.-- of the child in this or another court. 16. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 18. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. The Mother is better able to provide for the emotional and physical well being of the child. b. The Father has abandoned his responsibilities to the child since the parties' separation on 7/22/00. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant primary custody of the child to the Plaintiff. - 3 - J --''".'_::~"',o .-- ~ ",- ~. ; '"iliMiIiiiiliilllil_ VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: cfj:?}Y0tX5 Page 5 of 5 DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 (717) 737-0100 - I i "~ ., , "L, - -." " '-"".'":",,, =-, ' ,^';,,,,;~,, h.'~;';"~";",, j~~; ,n,'''''',' ;'.~ ~< <~ A'____' ___;,~,;" "'~"~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN M. KNISELY, Plaintiff V. EARL L. KNISELY, JR" Defendant NO.00-6128 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 29th day of September, 2000, I hereby certify that a true and correct copy of the Custody Complaint was served upon the Defendant, Earl L. Knisley, Jr. by personal delivery to him at Gullifty's Bar & Grille located at 1104 Carlisle Road, Camp Hill, Pennsylvania on September 23, 2000 as appears on the Affidavit of Process Server attached hereto marked Exhibit "AU and made a part hereof, IFF, ESQUIRE oad , A 17011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 -i: - . ., .'~ ","- . ~i,"~' " PROOF OF SERVICE (Requesting Agent) DIANE RADCLIFF 3448 TRINDLE RD. CAMP HILL, PA 17011 (Plaintiff) KATHRYN M. KNISLEY (Defendant) EARL L. KNISLEY, JR. ) '. (Type of Document) ORDER OF COURT FOR CUSTODY (Witness Fee) (Case No. & Jurisdiction) 00-6128, COMMON PLEAS, CUMBERLAND COUNTY, PA (To Be Served On) EARL L. KNISLEY, JR. GULLIFTY'S BAR & GRILLE 1104 CARLISLE RD. CAMP lULL, PA (Accepted By) EARL L. KNISLEY GULLIFTY'S BAR & GRILLE 1104 CARLISLE RD. CAMP HILL, PA (Date Served) 9-23-00 (Time) 12 40 PM (Process Servers Name) LARRY J. MORINE (Process Server's Report) D~tion: -11Male Af\Vhite Skin [ ]Female []Black Skin [ ]Brown Skin [ ]Yellow Skin [ ]Red Skin []Black Hair ..L.IBrown Hair []Blonde Hair [ ]Gray Hair [ ]Red Hair '\ being duly sworn accor ing 0 I w, deposes and says that helshe is process server herein named; and that the fact herein set forth above are true and correct to the best of their knowledge, information and belief. ~A~~~ P s Server [ ]White Hair [ ]Balding JJMoustache [ ]Beard []Glasses [ ] l4,20yrs --r:J1j-35yrs [ ]36-50yrs [ ]51-65yrs [ ]Over 65yrs [ ]Under 5' []5'O"-5'3" []5'4"-5'8" ~"_6'0" []Over 6' []Under 100lbs [ ]100-13Olbs ,.HH1-160lbs [ ]16l-200lbs [ ]Over 200lbs Sworn to and subscrib B 5'fh. day of &bzm. ~ !Zr~ N ary Public Commission Exp. "........"'->. ~==---u~fI'l~ili~ult\N'*~,~'{:sIl1lJn '",' U ~'.;.;.,~-' ~ .. \, ~" ~> ,~ - -~~1iiiliIll ~I '" ~~ ;IJ & (') Cl ~;.; c:: <:::) g 0 , vCC " -.,' fllrT, -< ,-'-4-": 2,-'1 ..-,''-i! zr-.' , -.:--1 ~~: 1>V :~~ ~C) -'U -- 0.::; C) :n: ::jf~ );Ci :.,.) c:: ::.; Z Ul ?D =< (J'I -< " ~I - " o~' '.. Ol-:.~ 0 ,', :'lbii ." OCT 26 2~ ,'....... KATHRYN M. KNISELY, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6128 EARL L. KNISELY, JR., Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 30'" day of Ochb-&- ,2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Kathryn M. Knisely and Earl L. Knisely, Jr., shall have shared legal custody of the minor Child, Jacob A. Knisely, born December 31, 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 Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The Mother shall have primary physical custody, subject to Father's rights of partial physical custody at such times and places as the parties may agree. BY THE COURT, -4/j J. Dist: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp III, PA 17011 \. e~ <<,~ ~ /1-;1- otJ Earl L. Knisely, Jr., 999 Oak Lane, Apartment E, New Cumberland, PA 17070 I 't ~ ."< ."-- II il I, Ii II II i,~ , -" '1 ';]" ., -;<'-'" ,1A. ". -~_. "'. . V~ < ~~_" ~". ~ 8 0 fi? s:: 0 "'Ow rs !i!rn ::;:1 __ XI ~ ;;;~ ZC' I (.rj~_. j$-d: - ~CJ :...)).. ?Eo "'t:> ~;Ij 5>0 ::?i:: c: :::- <:: om :::;i i'-> "" 0 :$ -< '~~ [,<~~~mr)1iIi'l!!t~I~,r:;;~~~IW~!J.l_~~~IHI~_ C""",,,Y~'_:"',"", .'." .~ - " - '~j" ;J~'" -..;-~,- "'1Iti .".. ~ KATHRYN M. KNISELY, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6128 EARL L. KNISELY, JR., Defendant CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jacob A. Knisely December 31, 1998 Mother 2. A Conciliation Conference was held on October 23, 2000, with the following individuals in attendance: Kathryn M. Knisely, the Mother, and her counsel, Diane G. Radcliff, Esquire; the Father, Earl L. Knisely, Jr., pro se. 3. The parties agreed to the entry of an Order in the form as attached. Date /D 8J1 :2-tf7/} / ~G\ Melissa Peel Greevy, Esquire '-. Custody Conciliator I, """ ^"" -~! .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN M. KNISELY, Plaintiff NO.00-6128 V. CIVIL ACTION - LAW IN CUSTODY EARL L. KNISELY, JR., Defendant ORDER OF COURT AND NOW, this I~J- day of N""-'P- , 2001, upon consideration of the within Stipulation, and upon Motion of Diane G. Radcliff, Esquire, attorney for Plaintiff, IT IS HEREBY ORDERED that: 1. Legal CustoQy: Kathryn M. Knisley (~Mother") shall have sole legal custody of the minor child, Jacob A. Knisley, born December 31, 1998 (the ~Child"). 2. Physical CustoQy: Mother shall have primary physical custody of the Child. Earl L. Knisley, Jr. (~Father") shall have rights of partial physical custody of the Child at such times and places as the parties shall mutually agree. - 39 - ; ".S, '-"":"ii.IJliJti; ;,'~ .. "t"""'....-. ~1~r""'"...""'~~il~-.i. fe. 5,'"';""J-,-",;.,. <"; .Llll"''''' '~~.......-.. ~ c:> r= 5 eN Z .. ::J<( - ~l,~ :z: 0- cq :;;:; o~ 'L..--"- "c- D:::i b~; Ij') ~S:6) 1,:,,__ @ii: ::'JZ ccz L~ ~t~ ::>' lli~ Cl 1'-- ;;e :2 LI_ :::l 0 0 (J "'~ ~ ,~=-, - ~ ,.... ,.,. ".,.~,... "..,.,.... '. .... "d...'''' ~: . ~ ,,'- ~--, .~ jpjli;-,: 3. Effect on october 30. 2000 Order of Court: This Order shall modify, supercede and replace the Order of Court dated October 30, 2000. BY THE COURT, Distribution to: /ld. , HESS, JUDGE Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Earl L. Knisley, Jr. 999 Oak Lane, Apartment E New Cumberland, PA 17070 .;JP ~( ~~. l)\ ~?' - 40 - , ,. -- .' ',~ ^ - ""...,'-'tm] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN M, KNISELY, Plaintiff NO.00-6128 V. CIVIL ACTION - LAW IN CUSTODY EARL L. KNISELY, JR., Defendant STIPULATION FOR ENTRY OF CUSTODY ORDER AND NOW This /2+-/1 day of N(Jvi.YY>b~r, 2001, Earl L. Knisley, Jr. ("Father") and Kathryn M. Knisley ("Mother") hereby stipulate and agree that: 1. Legal CustoQy: Kathryn M. Knisley ("Mother") shall have sole legal custody of the minor child, Jacob A. Knisley, born December 31, 1998 (the "Child"). 2. Pbysica1 CustoQy: Mother shall have primary physical custody of the Child. Earl L. Knisley, Jr. ("Father") shall have rights of partial physical custody of the Child at such times and places as the parties shall mutually agree, 3. Court Order: The terms of this Stipulation shall be entered as an order of court in the above captioned custody action , which Order shall supercede and replace the Order of Court dated October 30, 2000. IN WITNESS WHEREOF the parties, each intending to be legally bound hereby, have set their hands and seals the day and year below - 41 - , - written. WITNESS: ;;..~;Ih~ Date: II ~ "/0 ~~ THR M. . Sj; . Date: X;/02~ oj - 42 - , .Ww^ {SEAL} {SEAL} Ul! ~, '" ~~-- llJ:ii:!ifLlI1.R:liJ ~-:lil.i' ' . "':""-1~ :'''''>'.-~'-'''!!li\~M~~:!*i' -"'~,~~ ".,',:- o:..<.-",i<~';~<,,'." o ~ ~,~- , ~., . ,""'~-, ,< " ."--J't.' ",,, ~ " , '~,'~ ..', <2, -!.;>> -(1\:;:,' \~c: t~f :< 1:2 ~2~ ?"C-=- ~ -<. ". C-~' .- ~ ::,:~ - w ~~': ,...i-" ,"-; Cf? (5'. .- '" .. -'<-,i Ii 11 I' Ii II 'i i! -c; -1'~ _- ''- fr\ -- ./ :":.\ "i:l ',-,: .