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Home My WebLink About01-1861 FX " ALAN E. KENNEDY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 61 - IPIc.I OIU~l ~~ LISA A. KENNEDY, Defendant CIVIL ACTION-CUSTODY ORDER OF COURT AND NOW, upon consideration of the Complaint, it is hereby directed that the parties and their respective counsel, appear before , Esquire, the custody Conference Officer, on @ .m. for a Pre- Hearing Custody Conference at the At such conference, an effort will be made to resolve the issues to be heard by the Court, and to enter into a Temporary Order. Children need not be present at the Conference unless their presence is requested by the CUstody Conference Officer. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. For the Court, Dated: By: Custody Conference Officer 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 BY LAW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (n7) 1-800-990-9108 ~~ " . , ,'-~. C- ,.,1 "''- "> on, .1."":1",::,, ALAN E. KENNEDY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01- If(. J Cu;J -r~ CIVIL ACTION-LAW IN CUSTODY LISA A. KENNEDY, Defendant COMPLAINT IN CUSTODY AND NOW comes ALAN E. KENNEDY, by and through his attorney, Judith A. Calkin, Esquire, and avers as follows: 1. The Plaintiff is ALAN E. KENNEDY, an adult individual who resides at 19 Rife Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is LISA A. KENNEDY, an adult individual whose current address is 749 Old Silver Spring, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks partial custody of the following minor child: Kristine Kennedy, born August 4, 1996 4. The child was not born out of wedlock. The child currently resides with defendant at 749 Old Silver Spring, Mechanicsburg, Cumberland County, Pennsylvania. 5. During the lifetime of the child she has resided at the following addresses with the following persons: Birth to 3/3/01 19 Rife Drive Mechanicsburg, PA Plaintiff, defendant & half-sister 3/3/01 to present 749 Old Silver Spring Mechanicsburg, PA Defendant & half-sister 6. The mother of the child is Defendant. She currently " L .,.1,1 "_ I <'oJ ,I '-'. b~-,;", 7. The father of the child is Plaintiff. He currently resides alone. 8 . Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other court. 9. The Plaintiff has no information of Court a custody of this proceeding concerning the child pending in a Commonwealth. 10. The 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. 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. There are no other persons known to have or claim a right to custody or visitation of the child and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 12. The best interest and permanent welfare of the child will be served by granting Plaintiff partial physical custody of the minor child. ~ - ,. . . --~, - " '-:':<' "-<. '~';"~""'~r WHEREFORE, Plaintiff requests the Court to grant him partial physical custody of the minor child. Respectfully submitted: udith A. Calkin, Esquire Attorney for Plaintiff 2201 North Second Street Harrisburg, PA 17110 (717) 238-2312 ",.-. '" " '" "', ,,'"~ ,~'^'-- 0''''' I "of, Commonwealth of Pennsylvania: County of Dauphin I, Alan E. Kennedy, verifies that the within Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: (e:;~ Alan E. Kennedy Sworn and Subscribed before me this U day of f\A.~LL- ,200l. 0.,1 .IAN..../' W~ Notary Public ,'. .',", '.,"",',"-i "-"":1,' . CERTIFICATE OF SERVICE I, Judith A. Calkin, Esquire, do hereby certify that a ) true and correct copy of the Custody Complaint was served by U.S. postal delivery, from Harrisburg, PA. postage-prepaid, delivery to the following person: Diane Radcliff, 3448 Trindle Camp Hill, PA Esquire Road 17011 Dated: '. ........{ . ~: ..;"; , , i~i!M&l!i,lliU~,I'A~",wm,~~ii"~IlI*,_~fuf!",ili..mt;"'j(,~\;-;J.W",~...@h<~,,",,'OMkoMjiriWmliil'o~~~....'""""'. . ~ ~&!i$t1gt~<.^rJJ_~);'lJ~~~_m:rrrrJ,-J]!mN,~';t"",:,~,~T~"~, ;,~""',~1,,,. ,-;r-~-,<t,~--"'~_=~"'_""'~_" ,j,>, -"""J .~ ,'". 1._1'h ~ "^ - ..- 1I\1~ ~ ~."""""",, -'" 0 C) () C -"1 $~:, :-:,~ ij l',.: l fTl [",--; :-,0 :2:'. =:i-_' c'- 2": C ,~..) ,-I t9 (/) '.0 c:: C" '- j S " ". ~ \-j - . , ~::-: {--:) ~- ) {'o.J .:;;. j'n ~ (~ '-_/ "'<, ::-::.; --; ~ "-,-, .-J ~, ...... -< ~,.~ . ALAN E. KENNEDY PLAINTIFF V. LISA A. KENNEDY DEFENDANT . -<0 j. '[ 'b",';" ,. -, l. ,'n"., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA 01-1861 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 05, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawu S. Suuday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 02, 2001 at 9:00 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. 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: Isl Dawn S. Sunday. Esqf>>' 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 TIllS 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 -, ..' ' . , ~ ,,.,, ~..d. ~~"~~~f~'OO~'>!lI',Iili>'~r..~~~00iW<il~lIi;lM~"'J"o--"sri:;ill'~~o1<!Iil~;.liU)i!;~;,,,",,,:!.l8ml!lll ~ '" ~I~__,~_L." ~ .. ~""~ilillL . ~r~'~ ~ ~fJP~~~~ ~r~ ~~i7f'?? Vli\JVI\'lASNN~d ALNr;()~) Cf\:':/l':"')?tYir'\'no :"\V ,-} " , :Jv'c. ;':;d s- iJdV 10 ,1\tl\,~U~\ "~', d. :iU ~, _~'o .." ,L , ~~'<iiM_ ~ '=-\iiWilllIiI<< ~ ~ ~- ---'I" Ill' ~.11 /a Pj-j; Jr}. 'llr r" . < I, , I, ,,,...;o'y " "~', . ..--';'1" . ~ 'W'~ .. ~~ . ALAN E. KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 01-1861 CIVIL TERM . . . LISA A. KENNEDY, . CIVIL ACTION - LAW . Defendant : IN CUSTODY aIDER OF COORT AND NCm, this ~ day of 1'1,2 ~ consideration of the attached Custody conciliati n and directed as follows: , 2001, upon Report, it is ordered 1. The Father, Alan E. Kennedy, and the Mother, Lisa A. Kennedy, shall have shared legal custody of Kristine Kennedy, born August 4, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends, beginning May 5, 2001, from Saturday at 6:00 p.m. through Sunday at 6:00 p.m. In addition, the Father shall have custody every Tuesday and Thursday from after work, when the Father shall pick up the Child at day care through 8:00 p.m. 4. The parties shall alternate having custody of the Child on holidays in accordance with the following schedule: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 9:00 a.m. through Christmas Day at 2:00 p.m., and Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at 6:00 p.m. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. ALTERNATING HOLIDAYS: The Father shall have custody of the Child in odd numbered years on Easter, Independence Day and Thanksgiving, and in even numbered years, on Memorial Day and Labor Day. The Mother shall have custody of the Child in odd numbered years on Memorial Day and Labor Day, and in even numbered years on Easter, Independence Day and Thanksgiving. The periods of custody under this provision shall run from 6:00 p.m. on the evening before the holiday through the ;iW__~~~~.~~ttfillJi~~I;\t\I~~iIJliIJ~i1I~,'~ ~'":",,)>c..1,,,,;, ,"""-"":tr;;"}<e-.il>il'll:~I;it~~~,,,,,",,,g 1iIlIitJll;_ . o ~ _', llilti"-: WI,'1' 11. VhV(f,'l'V0 /\JJvnO~) 'bf,::;!,Y!Y~CI , '::':''''1'71 --.",/ , 91:::f AU"lr, , \.il\;( -"'. p, <-~<~"'''^'__''''''","._~.~.o, ,~,_ L^""",_~,,~,~^, ~,~ _"'-'''''- ,,,,,>.., ,~.,..".=..~. . ~,c.'~' CO",__ " ~''- ~''''>_', '" .,~. "." ".'.' ,< 11 , ,':(j '/ Jj'i ~ I .; >/7! I" lU -,,- II..: - 1- A '. [ _I, -~ ' '"'L \1" - ~ '" "",'~~.J,,~~,. ,''-,-' <, ,- I' 'Iii'; . \ holiday at 8:00 p.m. c. IDmER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from the Saturday before the holiday at 6:00 p.m. through the holiday at 8:00 p.m. Notwithstanding the foregoing, the Father's period of custody on Father's Day in 2001 shall begin on Sunday at 12:00 noon. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Child during the summer school break each year for one week upon providing at least 15 days advance notice to the other party. The party who provides notice first under this provision shall be entitled to preference on his or her selection of vacation dates. 6. Neither party shall do or say anything which may estrange the Child frcm the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties haviing contact with the Child'comply with this ~vision. 7. This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The partiils may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Judith A. Calkin, Esquire - Counsel for Father Diane G. Radcliff, esquire - Counsel for Mother J. tJ:. 1,0\ ~,\ " D'J y ~ " . - I . ALAN E. KENNEDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . : vs. : NO. 01-1861 CIVIL TERM . . LISA A. KENNEDY, Defendant . . CIVIL ACTION - LAW IN CUSTODY : CUS'.lWY CXIiICILIATIOO SUMMARY REl'CRT IN ACCXIIDANCE WITH CUMBERLAND caJN'l'Y 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 CUS'.lWY OF Kristine Kennedy August 4, 1996 Mother 2. A Conciliation Conference was held on May 2, 2001, with the following individuals in attendance: The Father, Alan E. Kennedy, with his counsel, Judith A. Calkin, Esquire, and the Mother, Lisa A. Kennedy, with her counsel, Diane G. Radcliff, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~ .,;l j .J-oo I Date fJ~~ Dawn s. sunday, Esquire CUstody Conciliator ">"') " ,'''' ." ~....~ ., .~