HomeMy WebLinkAbout99-05408m
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PENNY L. ABADY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOSEPH A. ABADY,
Defendant
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
NO. 99- 5408
CUSTODY AGREEMENT
CIVIL. TERM
The parents, Penny L. Abady (Mother) and Joseph A. Abady (Father), enter the
following agreement with regard to custody of their minor child, Desiray Welch:
1. The parties are the natural parents of a minor child, Desiray Welch, who was
born on November 19, 1992.
2. The parties shall share legal custody.
3. Mother shall have physical custody of the child.
4. Father shall have liberal visitation with the child at Mother's residence as the
parties shall arrange and mutually agree upon.
5. At a time when both parties agree that it is appropriate, Father shall have periods of
overnight partial physical custody of the child from time to time as the parties shall mutually
agree upon and arrange.
6. The parents may agree to make temporary verbal changes to this written
agreement; however, in the event that they can no longer agree about temporary changes, this
written agreement will again control.
7. Father is not represented by counsel. Father understands that the Family Law
Clinic only represents Mother in this proceeding. Father has received no legal advice from the
Family Law Clinic other than to seek his own legal counsel, which he has chosen not to do.
8. As evidenced by their signatures below, the parties do hereby intend to be
bound by the terms of this Agreement, and this Agreement shall become an order of the Court.
l
Date Fennady, Mother
Date Cindy A. , eridan, Certified Legal Intern
for Penny Abady, Mother
g a-?
Date ?Ro ertEains, upervising Attorney
Penny L. Abady, Mother
9-3 -,PI
Date R a
yoseph A. Ab y, Father
ORDER
AND NOW, this ( day of s , 1999, the above agreement is
entered as an order of Court.
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PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY/VISITATION
JOSEPH A. ABADY,
Defendant : NO. 99-5408 CIVIL TERM
ACCEPTANCE OF SERVICE
I accept service of the Custody Complaint.
q e
oseph A'. Abady
3615 Locust Lane
Mechanicsburg, Pennsylvania 17055
Date: September 3 , 1999
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PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - CUSTODY
NO. 99.5408 CIVIL TERM
JOSEPH A. ABADY,
Defendant/Petitioner IN CUSTODY
ORDER OF COURT
AND NOW, this day of?y]f?" , upon presentation
and consideration of the attached Petition, it is hereby directed that the parties and their
respective counsel appear before ???x (???\Oy Esquire, the
conciliator, at, Q1(WAI Cumberland County,
Pennsylvania on the day of ?t?\j 0 , at
------- Ste
?.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. Either party may bring the
child(REN) who is subject to this custody action to the conference, but the child/children's
attendance is not mandatory. Failure to appear at the conference may provide grounds for entry
of a temporary or permanent Order.
FOR THE COURT:
By: }' W_?TrI -? x ?Lft?A ?.1D
Custody Conciliator (J f ?p??
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
/? ?n ?,
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AMERICANS WITH DISABILITIES ACT OF 1990
The Court Of Common Pleas of Cumberland County is required by law to comply with
the Americans 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.
PENNY L. ABADY,
Plaintiff/Respondent
V.
JOSEPH A. ABADY,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. 99-5408 CIVIL TERM
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
1. The Petitioner is the above-named Defendant, Joseph A. Abady, an adult
individual currently residing at 3824 Mt. View Road, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. The Respondent is the above-named Plaintiff, Penny L. Abady, an adult
individual currently residing at 59 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania
17013.
3. The parties are the natural parents of the child Desiray A. Welch, bom November
19, 1992. The child was bom out of wedlock.
4. The parties are currently subject to a Custody Order dated September 9, 1999,
which was the result of a Custody Agreement. A copy of the resulting Order and Agreement are
attached hereto and incorporated herein by reference as Exhibit "A."
5. There have been no additional actions relative to custody of the within named
child in any jurisdiction to the Petitioner's knowledge.
6. Since the entry of the Court's Order of September 9, 1999, the child has primarily
resided with the Respondent.
7. Paragraph 4 of the Court's Order of September 9, 1999 reads, "Father shall have
liberal visitation with the child at Mother's residence as the parties shall arrange and mutually
agree upon (emphasis added)." From the onset of this arrangement, the Mother has routinely
refused to agree to periods of visitation.
8. Paragraph 5 of the Order reads, "At Iimes• when hoth parties agree that it is
appropriate, Father shall have periods of overnight partial physical custody of the child from time
to lime as the parlies shall mutually agree upon and arrange (emphasis added)." From the onset
of this Agreement, the Mother has routinely refused to agree to overnight contact. Currently the
Father is not exercised any periods of overnight custody of the child.
9. The parties' existing Agreement appears internally inconsistent, and therefore has
caused confusion regarding the parties' rights and responsibilities.
10. Paragraph 4 of the Agreement indicates that Father's visitation should take place
at Mother's residence, however, Paragraph 5 indicates that Father shall have periods of overnight
contact with the child.
11. Father was not represented by counsel at the time the Agreement was drawn up
nor when it became an Order of the Court on September 9, 1999.
12. The existing Order has proven to be impracticable and biased. In order for Father
to exercise any visitation, the Order necessitates the Mother's agreement, which has heretofore
been withheld.
13. The natural mother of the child is Penny L. Abady. She is married.
14. The natural father of the child is Joe A. Abady. He is married.
15. The relationship of the Petitioner to the child is that of natural father. The natural
father currently resides alone.
16. The relationship of the Respondent to the child is that of natural mother. The
natural mother currently resides alone with the child.
17. The Petitioner has not participated as a party or a witness in any other capacity in
litigation concerning the child.
18. Petitioner has no information of any custody proceeding concerning the child
pending in any Court of this Commonwealth.
19. The best interest of the child will be provided by modifying the existing Custody
Order for following reasons:
(a) Mother's non-cooperation has made the existing Order unmanageable;
(b) In order for Father to foster a healthy relationship with the child, he must be
expressly permitted to have unfettered contact with the child outside the presence of the
Mother's home; and
(c) Working towards a standard, alternating weekend schedule would afford the
parties and the child a more consistent and predictable schedule to facilitate planning
activities with the child.
20. Petitioner does not know of any person not a party to these proceedings who
claims to have custody or visitation rights with respect to the child.
WHEREFORE, Petitioner requests your Honorable Court to grant his request to enter an
Order scheduling a Custody Conciliation regarding the custody modification.
Attorney for Defendant/Petitioner
401 East L.outher Street, Suite 103
Carlisle, Pennsylvania 17013
(717) 240-0833
EXHIBIT A
PENNY L. ABADY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOSEPH A. ABADY,
Defendant
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
NO. 99- 5908
CUSTODY AGREEMENT
CIVIL. TERM
The parents, Penny L. Abady (Mother) and Joseph A. Abady (Father), enter the
following agreement with regard to custody of their minor child, Desiray Welch:
The parties are the natural parents of a minor child, Desiray Welch, who was
born on November 19, 1992.
2. The parties shall share legal custody.
3. Mother shall have physical custody of the child.
4. Father shall have liberal visitation with the child at Mother's residence as the
parties shall arrange and mutually agree upon.
5. At a time whets both parties agree that it is appropriate, Father shall have periods of
overnight partial physical custody of the child from time to time as the parties shall mutually
agree upon and arrange.
6. The parents may agree to make temporary verbal changes to this written
agreement; however, in the event that they can no longer agree about temporary changes, this
written agreement will again control.
7. Father is not represented by counsel. Father understands that the Family Law
Clinic only represents Mother in this proceeding. Father has received no legal advice from the
Family Law Clinic other than to seek his own legal counsel, which he has chosen not to do.
8. As evidenced by their signatures below, the parties do hereby intend to be
bound by (lie terms of this Agreement, and this Agreement shall become an order of the Court.
Date Penny L. Abady, Mother
Date er?1L Q'-?''UAI(! L----
Cindy A. eridan, Certified Legal Intern
for Penny . Abady, Mother
_? a-?? .
Date Robert E. ains, Supervising Attorney
for Penny L. Abady, Mother
9-3 -p9
Date ? ?? ????
oseph A. Ab y, Father
ORDER
AND NOW, this ' day of ' jq,v , 1999, the above agreement is
entered as an order of Court.
Dy the Court,
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TNJE COAPI 11' P.ECORD ,1.
In Tc.l'maw :?I!, leaf, I 'rc 11!11' "' my hand
and the of of said Court at carlislo, I'a.
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Prot ronotary
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PENNY L. ABADY,
Plaintiff
V.
JOSEPH A. ABADY,
Defendant
IN THE COURTOF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODYIVISITATION
NO. 99-5408 CIVIL TERM
ACCEII'ANCI; OF SERVICE
I accept service of the Custody Complaint.
i i nt
:':,
9'oseph A'. Abady
3615 Locust Lane
Mechanicsburg, Pennsylvania 17055
Date: September 2 , 1999
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -CUSTODY
NO. 99-5408 CIVIL TERM
JOSEPH A. ABADY,
Defendant/Petitioner IN CUSTODY
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to
unswom falsification to authorities.
7OSEPH"A. ABAD
Defendant/Petitioner
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FEB 1 5 ?000y')
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : CIVIL ACTION - LAW
JOSEPH A. ABADY, : NO. 99-5408 CIVIL
Defendant : IN CUSTODY
COURT ORDER
AND NOW, this _? WJ
day of Ecb=Aary, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
The Mother, Penny L. Abady, and the Father, Joseph A. Abady, shall enjoy shared
legal custody of Desiray A. Welch, born November 19, 1992.
2. The Mother shall enjoy primary physical custody of the minor child.
3. The Father shall enjoy temporary physical custody of the minor child on altemating
weekends from Friday after Father's work until Sunday at 6:00 p.m. Father's
periods of temporary custody are subject to the following conditions:
A. In the event Father is working through Friday evening, his custody of
the child will not start until he is off of work on Saturday.
B. During Father's periods of temporary custody, the minor child shall
not be in the company of Father's girlfriend or girlfriend's children.
This provision is subject to the clarification set forth below in this
order.
C. During Father's periods of temporary custody and in the event the
Father is not with the child, only Father's parents may provide care
for the child. Otherwise, Father shall always be with the child.
4. In the event Mother desires to continue with a limitation on Father's girlfriend's
ability to be in the presence of the child, Mother through her counsel shall make
arrangements to have Father, Mother and the minor child and, if necessary, Father's
girlfriend, involved in a counseling session. This counseling shall be done by a
mutually agreed upon counseling agency which shall not be the counselor who has
already interviewed the child and the Mother but did not include the Father in the
initial counseling or evaluation session. Costs of any counseling or evaluation shall
be shared equally between the parties. The purpose of this counseling is to determine
whether there should be a restriction on future custody relative to the minor child
being in the presence of the Father's girlfriend.
5. This is a temporary order entered pursuant to an agreement reached by the parties at
a Custody Conciliation Conference. The parties shall meet again for another
Custody Conciliation Conference at the Cumberland County Courthouse on
Thursday, May 11, 2000 at 8:30 a.m. At that Conciliation Conference and in the
event there is sufficient information to show that Father has diligently followed
through on the custody arrangements and there is a lack of any information
suggesting that the Father's girlfriend is having an adverse impact on the child,
Father's periods of temporary custody shall be continued absent the restriction of the
girlfriend. However, it is anticipated that Father will diligently pursue the custody
schedule that is set forth and that Father will affirmatively cooperate in the
scheduling of any counseling sessions.
6. For the initial periods of custody, Father shall handle all transportation. However,
after the first three (3) months and after the parties meet for another Custody
Conciliation Conference, the Court will consider Father's request for shared
transportation.
Both parties shall advise the other party of a phone number at which they can be
reached. However, neither party shall contact the other party at work except for
emergency matters pertaining to the minor child.
cc: Thomas S. Diehl, Esquire
Dirk E. Berry, Esquire
BY THE CO
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Edward E. Guido a
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PENNY L. ABADY,
Plaintiff
JOSEPH A. ABADY,
Defendant
Prior Judge: Edward E. Guido
M THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-5408 CIVIL
IN CUSTODY
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:
1. The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Desiray A. Welch, bom November 19, 1992.
2. A Conciliation Conference was held on February 11, 2000, with the following individuals in
attendance:
The Mother, Penny L. Abady, with her counsel, Dirk E. Berry, Esquire; and the Father,
Joseph A. Abady, with his counsel, Thomas S. Diehl, Esquire.
3. The parties agree to the entry of a temporary order in the form as attached.
IY 00 a C?
DATE Hubert X. Gilroy, E uire
Custody Conciliat r
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PENNY L. ABADY,
PLAINTIFF
V.
JOSEPH A. ABADY,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 99.5408
PRAECIPE TO WITHDRAW APPEARANCE
To the Prothonotary:
Please note that, pursuant to Pa. R.C.P. 1012, the Family Law Clinie hereby withdraws its
appearance as attorneys for Penny L. Abady, the Plaintiff in the above captioned matter.
Wrtif)i RIDAN
allntem
ROBERI 6. RAINS
THOMAS M. PLACE
Supervising Attorney
DONALD MARRITZ
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968 telephone
717/243-3639 fax
PRAECIPE TO ENTER APPEARANCE
To the Prothonotary:
Pleaseenter the appearance of Dirk E. Berry, Esq. on behalf of Penny L. Abady, the Plaintiff
in the above captioned matter.
Dated: March _1-3 , 2000
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" Penc L • >??AQa? : IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
:PENNSYLVANIA
V.
+ ?SCP?1 • ?load`+ : CIVIL ACTION LAW
Defendant : NO.S'A() S CIVIL q `t
: CUSTODY VISITATION
ORDER OF O tRT
And now, this 01100, upon consideration of the attached complaint, it is hereby directed
that the above parties and their respective counsel appear before KlrCA X, C?01o--t
Esquire, the conciliator, at (Q f?•
Pennsylvania, on the /9 "A day of _Afq4 2000, at q'.ZKL A. I P.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 the entry of a
temporary or permanent order.
FOR THE COURT:
By: y&ji 1 Y. S?OSl cm ??a_r,
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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-5408 CIVIL TERM
JOSEPH A. ABADY, : CIVIL ACTION--LAW
Defendant/Respondent : CIVIL CONTEMPT
NOTICE AND ORDER TO APPEAR
Legal proceedings have been brought against you alleging you have willfully
disobeyed an order of Court for partial custody.
If you wish to defend against the claims set forth in the following pages, you may
but are not required to file in writing with the Court your defenses or objections.
Whether or not you filed in writing with the Court your defenses or objections,
you must appear in person in Court on
2000, at _.m. in Courtroom - of the Cumberland County Courthouse, High
and Hanover Streets, Carlisle, Pennsylvania.
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT
FOR YOUR ARREST.
If the Court finds that you have willfully failed to comply with this order for
partial custody, you may be found to be in contempt of Court and committed to jail, fined
or both.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
J.
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PENNY L. ABADY,
Plaintiff/Petitioner
VS.
JOSEPH A. ABADY,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5408 CIVIL TERM
CIVIL ACTION--LAW
CIVIL CONTEMPT
The Petition of Penny L. Abady by and through her counsel, Dirk E. Berry,
Esquire, respectfully represents:
1. That on March 1, 2000, the Honorable Edward E. Guido, Judge, entered an
Order awarding Petitioner primary physical custody and providing that Desiray A. Welch,
the minor child in the above captioned action, shall not be in the company of Father's
girlfriend. A true and correct copy of the order is attached to this petition.
2. Respondent willfully failed to abide by the order in that he forced telephone
contact between the minor child, Desiray A. Welch and his girlfriend during the second
weekend of visitation.
WHEREFORE, Petitioner requests that Respondent be held in contempt of Court.
Respectfully submitted,
Law Office of James K. Jones, Esquire
irk E. Berry, Esquire
Attorney for Plaintiff
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
1
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.
3
Date Penny L.' bady
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 99.5408 CIVIL TERM
JOSEPH A. ABADY, : CIVIL ACTION--LAW
Defendant/Respondent CIVIL CONTEMPT
1, Dirk E. Berry, Esquire, do hereby certify that on this day the Petition for Civil
Contempt for Disobedience of a Custody Order was served by first class mail, postage pre-paid
upon the following persons:
Thomas S. Diehl, Esquire
Attorney for Defendant/Respondent
401 Louther St., Ste. 103
Carlisle, PA 17013
Date: _3-.?_1-o0
Dirk E. Berry, squire
Attorney for Plaintiff/Petitioner
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
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PENNY L. ABADY,
Plaintiff/Petitioner
vs.
JOSEPH A. ABADY,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5408 CIVIL TERM
CIVIL ACTION--LAW
CIVIL CONTEMPT
PRAFCIPFFORWITHDRAWA1 OFCIVI! CQNTFMPT ACTION
TO THE PROTHONOTARY:
Kindly file this Praecipe in the above captioned matter as a withdrawal of the action for
Civil Contempt therein.
Respectfully submitted,
Law 0 fice of James K. Jones, Esquire
Dirk E. Berry, Esquire
Attorney for Plaintiff/Petitioner
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-5408 CIVIL TERM
JOSEPH A. ABADY, CIVIL ACTION--LAW
Defendant/Respondent CIVIL CONTEMPT
I, Dirk E. Berry, Esquire, do hereby certify that on this day the Praecipe for Withdrawal of
Civil Contempt Action served by first class mail, postage pre-paid upon the following persons:
Thomas S. Diehl, Esquire
401 Louther St., Ste. 103
Carlisle, PA 17013
Date: 02 0-co
ZL99=??__
irk E. Berry, Esquire
Attorney for Petitioner
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
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JUL 1 g 20005
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOSEPH A. ABADY, NO.99.5408 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this L ? day of July, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse
on the /3 *A day of 6 c}e6 ? 2000, at 8 31
g.M. at which time testimony will be taken in the above case. At this hearing, the
Father shall be the moving party and shall proceed initially with testimony. Counsel
for the parties shall file with the Court and opposing counsel a memorandum setting
forth the history of custody in this case, the issues currently before the Court, a
summary of each parties position on those issues, a list of witnesses who will be
called to testify and a summary of the anticipated testimony of each witness. This
memorandum shall be filed at least 5 days prior to the mentioned hearing date.
2. Pending further order of this Court, this Court's prior order of February 2000 shall
remain in effect such that Father shall continue to have custody on alternating
weekends. Father's custody shall not be overnight. Additionally, Father's custody
is contingent upon the requirement that Father is always with the child and Father's
girlfriend and her siblings shall not care for the minor child alone nor shall they be
involved in discipline of the minor child.
3. In the event Mother desires to have a psychological evaluation done for the parties,
Mother may petition the Court prior to the hearing to determine if the Court will
direct the Father to participate in a financial contribution to accomplish that
evaluation. In the alternative, if Mother is willing to incur the expense with respect
to a psychological evaluation, Father must cooperate in that evaluation and also
ensure that his girlfriend who lives with him becomes involved in that evaluation if
requested by the evaluator.
BY TH OURT,
_ J.
Edward E. Guido
cc: Dirk E. Berry, Esquire
Thomas S. Diehl, Esquire
'g-?°° 011116 '
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PENNY L. ABADY,
Plaintiff
JOSEPH A. ABADY,
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 99-5408 CIVIL
IN CUSTODY
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:
1. The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Desiray A. Welch, born November 19,1992.
2. A Conciliation Conference was held on July 13, 2000, with the following individuals in
attendance:
The Mother, Penny L. Abady, with her counsel, Dirk E. Berry, Esquire; and the Father,
Joseph A. Abady, with his counsel, Thomas S. Diehl, Esquire.
3. The parties were before the Conciliator in February of this year. Prior to that time, rather
had not seen the child for a number of years. The parties worked out a temporary agreement
in February whereby the Father would have alternating weekends subject to the Father
proceeding with getting some counseling relating to his relationship and his girlfriends
relationship with the minor child. The visitation has continued. However, the counseling
was not accomplished for reasons which appear to be in dispute.
4. Over the past few months, the Father has not been exercising overnight visitation with the
minor child. He is content to leave that in place pending a permanent order. The Mother
still desires to have an evaluation. However, the Father will not incur any expense for the
evaluation. Mother may be willing to withdraw her request for an evaluation as long as the
Father abides by her specific requests to ensure that he is always present when the girlfriend
is with the child and that the girlfriend does not make any negative remarks to the child or
assume any role of disciplinarian.
5. The Conciliator recommends the entry of an order in the form as attached.
V Z v
DA E? O -
Hubert X. Gilroy, Esquire
Custody Conciliator
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - SUPPORT
DOMESTIC RELATIONS SECTION
JOSEPH A. ABADY,
Defendant NO. 99-5408 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 13th day of October, 2000, it
is hereby ordered and directed as follows:
1. Mother, Penny L. Abady, and the father,
Joseph A. Abady, shall enjoy shared legal custody of
Desiray A. Welch, born November 19, 1992.
2. Mother shall have primary physical custody of
the child subject to periods of partial physical custody in
father as follows:
A. Every other weekend from Friday at 5:30
p.m. until Sunday at 7:30 p.m. commencing on Friday,
October 13, 2000.
B. The parties shall share every holiday,
which shall include Thanksgiving, Christmas, Easter,
Memorial Day, July 4, and Labor Day with father having
partial custody of the child from 1:00 p.m. on said day
until 7:00 p.m. Provided however, that if father is
working during said periods, there shall be no visitation.
C. Up to two weeks each summer to
correspond with father's vacation schedule. Father shall
i',a?
notify mother by May 1st of each year as to which two weeks
he intends to exercise this partial custody.
D. Notwithstanding the other terms of this
order, father shall have partial custody with the child on
Father's Day from 10:00 a.m. until 8:00 p.m. Furthermore,
if Mother's Day falls on father's normal visitation
schedule, he shall return the child by 9:00 a.m. on
Mother's Day rather than 7:30 p.m.
At all times during father's period of partial
custody he shall be with the child unless an emergency
situation arises or unless the child is sleeping.
3. Father shall pick the child up for all
periods of partial custody at the maternal grandmother's
home within fifteen minutes of the scheduled time. If
father is more than fifteen minutes late, he is obligated
to advise the maternal grandmother that he is going to be
late.
4. Father shall cooperate in the counseling that
the child is currently undergoing with Pennsylvania
Counseling Services. The parties shall equally split the
costs of the counseling from this day forward.
In the event of a custody dispute in the future,
the parties agree that the counselor from Pennsylvania
Counseling Services would be precluded from testifying in
any such proceeding. In the event that professional
counselors are needed to testify, an independent evaluation
will be obtained and split equally between the parties.
5. This Court shall retain jurisdiction in this
matter.
By the Court
Edward E. Guido, J.
Dirk E. Berry, Esquire
For the Plaintiff
Thomas S. Diehl, Esquire
For the Defendant ???`
:lfh
??
W
PENNY L. WELCH FORMERLY PENNY L. IN TI1E000RT OF COMMON PLEAS OI:
ABADY
PLAINTIFF C'UMBEM AND COUNTY, PENNSYLVANIA
V.
99-5408 CIVIL ACTION LAW
JOSEPH A. ADADY
DEFENDAN'T' IN CUS'T'ODY
ORDER OF COURT
AND NOW, Wednesday, March 20, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 18, 2002 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By. tsi Hubert X. Gilroy,, Esq,
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 WFIERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717)249-3166
..? ?/•O? /?/lam ? ?,Gc?_
Penny L. Welch,
Formerly Penny L. Abady,
Plaintiff
V.
Joseph A. Abady,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5408
CIVIL TERM -CUSTODY
ORDER OF COURT
AND NOW, this day of
2002, upon consideration
of the attached Complaint, it is hereby directed that the parties and their respective
counsel appear before , Esq., the Conciliator, at
on the day of
2002, 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. Failure to appear at the Conference may provide grounds for entry of a
temporary or permanent order.
FOR THE COURT,
By:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans 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.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Penny L. Welch, : IN THE COURT OF COMMON PLEAS OF
Formerly Penny L. Abady, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 99-5408
Joseph A. Abady, :CIVIL TERM -CUSTODY
Defendant
PETITION TO MODIFY CUSTODY ORDER
1. Plaintiff is Penny L. Welch, formerly known as Penny L. Abady, is an adult
individual, currently residing at 51 Gasoline Alley, Carlisle, Cumberland County,
Pennsylvania.
2. Defendant is Joseph A. Abady, an adult individual, currently residing at
3824 Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant are the natural parents of Desiray A. Welch, born
November 19, 1992 who currently resides at 51 Gasoline Alley, Carlisle, Cumberland j
County, Pennsylvania.
4. Mother currently has primary physical custody of the child subject to
periods of partial physical custody in the father. By Order of this Honorable Court dated
October 13, 2000, which is attached hereto and incorporated herein as Exhibit A.
5. The child has complained to the Plaintiff that she is being cursed at and
emotionally abused by Defendant's paramour during Father's period of temporary
custody.
6. The child has expressed to the Plaintiff that she does not wish to visit with
her Father at his and his paramour's residence.
7. The child has expressed to the Mother that she would prefer visiting with
her father at her paternal grandparents' home.
8. Each parent whose parental rights of this child have not been terminated
and the person who has physical custody of the child has been named as parties to this
action. No other persons are known to have or claim to have any right to custody or
visitation to the chiid other than the parties in this action.
WHEREFORE, Plaintiff requests this Honorable Court to refer this matter to a
Custody Conciliator.
Respectfully Submitted,
4Ro ulderi&soire Tu
ro Law Offices
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
VERIFICATION
f verify that the statements made in the foregoing Petition to Modify Custody
Order are true and correct. I understand that false statements made herein are subject
to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.
Date I t el?
Penny L. We ch
W
C:)
"'-K ? 2 20p2
PENNY L. WELCH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : CIVIL ACTION - LAW
JOSEPH A. ABADV, : NO.99-5408 CIVIL
Defendant : IN CUSTODY
COURT ORDER
AND NOW, this 1w' day of April, 2002, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed that this court's order of October 13, 2000
shall remain in effect subject to the following modifications:
When the parties are alternating holidays pursuant to Paragraph 2.B of the
October 13, 2000 Order, the parent who does not have the child for that
weekend shall have the holiday time from 1:00 p.m. until 7:00 p.m. The
parent who has the child on the weekend shall enjoy the holiday time in the
beginning of the day on the day of the holiday.
BY
E. Guido
cc: 4obert J. Mulderig, Esquire
/Joseph A. Abady
3824 Mountain View Road
Mechanicsburg, PA 17055
7 t?pies
_?Rg
oy-z? oz
-,;
_.. " ?. is r,?
c... . , ,
PENNY L. WELCH,
Plaintiff
v
JOSEPH A. ABADY,
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-5408 CIVIL
IN CUSTODY
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:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Desiray A. Welch, born November 19, 1992.
2. A Conciliation Conference was held on April 18, 2002, with the following individuals
in attendance:
The Mother, Penny L. Welch, with her counsel, Robert J. Mulderig, Esquire; and
the Father, Joseph A. Abady, who appeared without counsel.
3. The case is before the conciliator on Mother's Petition to Modify. After the parties
consulted with the conciliator, an agreement was reached and the conciliator
recommends an order in the form as attached.
DATE
Hubert X. Gilroy, E /quire
Custody Conciliat
-:n
* PCnc'?I L. • / ``Aqc??{ : IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
* \_SCPh y?e??,. : CIVIL ACTION LAW
SAGS CIVIL '999
Ive,
iTODY VISITATION
sy - JUR
the attached co!?plaint, it is hereby directed
thaf the app z ? l appear before l?3txC 4 X' ao ro-1,
Esquire, the clbnoy?° ?'`??'
,
_Kj
Pennsylvania, on the_ 4T, 2000, at R`.ZC_? A. / P.M.,
for a Pre-hearing Custody Conte.. ach conference, an effort will be made to resolve the
issues in dispute; or if this cannot be accu.. plished, 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 the entry of a
temporary or permanent order.
FOR THE COURT:
By: 1'tl? -A)) s1 (XA_
Custody Conciliator , U t ?1
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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
* PCnc? L ' >?vJQa?I : IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
:PENNSYLVANIA
V.
+ Jb&!0\ I? • PAOad-q :CIVIL ACTION LAW
Defendant : NO. S'AD? CIVIL 099
: CUSTODY VISITATION
ORDER OF COURT
And now, this , a1c?0, upon consideration of the attached co?pplaint, it is hereby directed
that the above parties and their respective counsel appear before ?C-E X, G\\ro-t
Esquire, the conciliator, at N
Pennsylvania, on the I ' day of A{A - 2000, at CI`•?Q A. / P.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 the entry of a
temporary or permanent order.
FOR THE COURT:
By: ? 1 I? ,6WT CLA&
Custody Conciliator t -kbl
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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
+ 1?(\c cl ?- • I?bec1•{ : IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
+C?h • ??oac??? : CIVIL ACTION LAW
Defendant : NO.S'40`Z CIVIL t a q 9
CUSTODY VISITATION
ORDER OF CO 1RT
And now, this 1kL0, upon consideration of the attached complaint, it is hereby directed
that the above parties and their respective counsel appear before 00a CA X, &;x
Esquire, the conciliator, at C bids
Pennsylvania, on the /A" day of juke / , 2000, at a'.Q A. / P.M.,
for a Pre-hearing Custody Conference. At s cu h 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 the entry of a
temporary or permanent order.
FOR THE COURT:
By:4 l QhCt /?.1?i?1
Custody Conciliator I bl
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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
MAR 2 4 2000
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-5408 CIVIL TERM
JOSEPH A. ABADY, CIVIL ACTION--LAW
Defendant/Respondent CIVIL CONTEMPT
NOTICE AND ORDER TO APPEAR
Legal proceedings have been brought against you alleging you have willfully
disobeyed an order of Court for partial custody.
If you wish to defend against the claims set forth in the following pages, you may
but are not required to file in writing with the Court your defenses or objections.
Whether or not you filed in writing with the Court your defenses or objections,
you must appear in person in Court on
2000, at .m. in Courtroom
of the Cumberland County Courthouse, High
and Hanover Streets, Carlisle, Pennsylvania.
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT
FOR YOUR ARREST.
If the Court finds that you have willfully failed to comply with this order for
partial custody, you may be found to be in contempt of Court and committed to jail, fined
or both.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
J.
.., _...
j
6
LAW OFFICE OF
JAMES K. JONES, ESQUIRE
7 Irvine Row
Carlisle, PA 17013-3019
Thomas S. Diehl, Esquire
401 Louther St., Ste. 103
Carlisle, PA 17013
.r+
33o1A-
w Pcc?t? PAr3cay : IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
:PENNSYLVANIA
V.
* ?bSCPh • oocA q : CIVIL ACTION LAW
Defendant : NO.%LAO'O CIVIL 0199
CUSTODY VISITATION
EIRUR OF OURT
And now, this SLR/00, upon consideration of the attached complaint, it is hereby directed
that the above parties and their respective counsel appear( re 1?L?XCA X, \1 m=j
Esquire, the conciliator, at
Pennsylvania, on the M' day of M ,l 2000, at 9'.?Q A. 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 the entry of a
temporary or permanent order.
FOR THE COURT:
By: 1'!t Q? ?? Cin t6,IU
Custody Conciliator (l?,l
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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
MAR 2 4 2UQ
PENNY L. ABADY,
Plaintiff/Petitioner
VS.
JOSEPH A. ABADY,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5408 CIVIL TERM
CIVIL ACTION--LAW
CIVIL CONTEMPT
Legal proceedings have been brought against you alleging you have willfully
disobeyed an order of Court for partial custody.
If you wish to defend against the claims set forth in the following pages, you may
but are not required to file in writing with the Court your defenses or objections.
Whether or not you filed in writing with the Court your defenses or objections,
you must appear in person in Court on
2000, at _.m. in Courtroom _ of the Cumberland County Courthouse, High
and Hanover Streets, Carlisle, Pennsylvania.
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT
FOR YOUR ARREST.
If the Court finds that you have willfully failed to comply with this order for
partial custody, you may be found to be in contempt of Court and committed to jail, fined
or both.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
J.
0
LAW OFFICE OF
JAMES K. JONES, ESQUIRE
7 Irvine Row
Carlisle, PA 17013-3018
Dirk E. Berry, Esquire
Law Office of James K. Jones
7 Irvine Row
Carlisle, PA 17013
F'c c' ?cm ? 1• Lo,,_)
PENNY L. ABADY, : IN TI I
l
Plaintiff : CUM ) Cp(1C k'\C6)On
c1vl 1 S Un?r\rof_Ssar\_
:INC
FIc??
JOSEPH ABADY,
Defendant : NO.
ORDER OF
AND NOW, this _ day of 1999, upon consideration of the
attached petition, it is hereby directed that the parties and their respective counsel appear before,
, the conciliator, at
on the _ day of 1999, at in., 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. Either party may bring the child(ren) who is the subject of this custody
action to the conference, but the child/children's attendance is not mandatory. 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans 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.
6EP 0 7 1990
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY/VISITATION
JOSEPH A. ABADY,
Defendant : NO. 99- SOA? d CIVIL TERM
ORDER OF COURT
AND NOW, this _ day of
1999, upon consideration of the
attached petition, it is hereby directed that the parties and their respective counsel appear before,
the conciliator, at
on the _ day of 1999, 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. Either party may bring the child(ren) who is the subject of this custody
action to the conference, but the child/children's attendance is not mandatory. 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans 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.
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY/VISITATION
JOSEPH A. ABADY,
Defendant : NO. 99- s'1/0,P CIVIL TERM
COMPLAINT FOR CUSTODY
The plaintiff, Penny L. Abady, by her attorneys, the Family Law Clinic, sets forth the
following cause of action:
1. Plaintiff is Penny L. Abady, who currently resides at 59 Gasoline Alley, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant is Joseph A. Abady, who currently resides at 3615 Locust Lane,
Mechanicsburg, Cumberland County, Penr. Sylvania 17055.
3. Plaintiff seeks primary physical and shared legal custody of the following child:
Name Present Address Date of Birth
Desiray Welch 59 Gasoline Alley November 19, 1992
Carlisle, PA 17013
The child is presently in the custody of Penny L. Abady, who resides at 59 Gasoline
Alley, Carlisle, Cumberland County, Pennsylvania 17013.
During the past five years, the child has resided with the following persons and at
the following addresses:
Persons Addresses Dates
Penny Abady, 59 Gasoline Alley May 10, 1999 -
Christopher Welch Carlisle, PA 17013 Present
(half-sibling)
Penny Abady, 59 Gasoline Alley March 1995 -
Christopher Welch, Carlisle, PA 17013 May 10, 1999
Joseph Abady
Penny Abady, 59 Gasoline Alley Spring 1994 -
Christopher Welch Carlisle, PA 17013 March 1995
4. The relationship of the plaintiff to the child is that of mother. She currently resides
with the following persons:
Name Relationship
Desiray Welch Daughter
Christopher Welch Son
5. The relationship of the defendant to the child is that of father. He currently resides
with the following persons:
Name
Eugene Horner
Donna Horner
Relationship
Father
Mother
6. The 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 proceeding who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child will be served by granting the
relief requested because:
a) Plaintiff has been the primary caretaker of the child since birth;
b) Plaintiff has had sole custody of the child since May 10, 1999, subject to periods of
visitation by the defendant;
c) The child has a substantial relationship with her half-sibling that should be
maintained;
d) Plaintiff provides the child with love and affection and the adequate moral,
emotional, and physical surroundings as required to meet the child's needs.
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 her primary physical custody and
shared legal custody of the child.
Date Q q Q
Cindy A. S ridan
Certified L 1 Intern
THO AS M. PLACE
ROBERT E. RAINS
Supervising Attorney
DONALD MARRITZ
Staff Attorney
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, Pennsylvania 17013
(717) 243-2968
Fax: (717) 243-3639
VERIFICATION
I verify that the statements made in this Custody Complaint are true and correct to the
best of my personal knowledge and belief. 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 !Ti
Penny L. Abady
Plaintiff
C.;
V,
?. ? _.
?'?
.. J
i` •.)
`
? 1
:i I' G..
L -. 11
•_
Li_ ?l ' i
SE P 0 71999m
PENNY L. ABADY,
Plaintiff
V.
JOSEPH A. ABADY,
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
NO. 99- SljoO CIVIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
Kindly allow Penny L. Abady, Plaintiff, to proceed in forma pauperis.
The undersigned counsel for the party proceeding in forma pauperis certify that they
believe the party is unable to pay the costs and that they are providing free legal service to the
parry. The party's affidavit showing inability to pay the costs of litigation is attached hereto.
Cindy A. eridan
Certified Lk4al Intern
U? z2o 94X?)
ROBERT E. RAINS
THOMAS M. PLACE
Supervising Attorney
DONALD MARRITZ
Staff Attorney
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, Pennsylvania 17013
(717) 243-2968
Fax: (717) 243-3639
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY/VISITATION
JOSEPH A. ABADY,
Defendant : NO. 99- s yo 8 CIVIL TERM
AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
1. I am the Plaintiff in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to
pay the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and
costs is true and correct.
(a) Name: Penny L. Abady
Address: 59 Gasoline Alley, Carlisle, PA 17013
Social Security No.: 182-46-1659
(b) Employment
If you are presently employed, state
Employer: N/A
Address: N/A
Salary or wages per month: N/A
Type of work: N/A
If you are presently unemployed, state
Date of last employment: Summer 1997
Salary or wages per month: $700/month
Type of work: Housekeeping
(c) Other income within the past twelve months
Business or profession: $0
Other self-employment: $0
Interest: $0
Dividends: $0
Pension and annuities: $0
Social security benefits: $0
Support payments: $420/month
Disability payments: $411/month
Unemployment compensation and supplemental benefits: $0
Workman's compensation: $0
Public Assistance: $0
Other: Food Stamps - $100/month
(d) Other contributions to household support
Name: None
If your (wife)(husband) is employed, state
Employer: N/A
Salary or wages per month: N/A
Type of work: N/A
Contributions from children: $0
Contributions from parents: $0
Other contributions: $0
(e) Property owned
Cash: $0
Checking account: $0
Savings account: $0
Certificates of deposit: $0
Real estate (including home): $0
Motor vehicle: None
Cost, Amount Owed: $0
Stocks; bonds: $0
Other: $0
(t) Debts and obligations
Mortgage: $0
Rent: $0
Loans: $0
Other: Food not covered by food stamps - $140/month; Payment plan for natural
gas - $68/month; Phone - $50/month (monthly service plus outstanding debt payment);
Electricity - $75/month (monthly service plus outstanding debt payment); Transportation -
$20/n-ionth; MasterCard Payment $50/month; Lowe's Credit Card Payment - $15/month;
Children's Allowance - $40/month; Beauty and Health Care Supplies - $20/month; Laundromat -
$50/month; Entertainment - $100/month; Children's After School Activities and Field Trips -
$20/month; Clothing - $45/month; Health Care Expenses not covered by Insurance - $35/month;
Educational Books for Children - $15/month; Miscellaneous - $75; Outstanding debt to PP&L -
$400; Outstanding debt to phone company - $130; Outstanding debt to Lowe's credit card -
$200; Outstanding debt to MasterCard - $1000; Outstanding debt to Dentist - $350.
Persons dependent upon you for support
Name: Christopher and Desiray Welch
Children, if any:
Name: Christopher Welch Age: 12
Name: Desiray Welch Age: 6
Other persons: None
Name: N/A
Relationship: N/A
4. 1 understand that I have a continuing obligation to inform the court of
improvement in my financial circumstances which would permit me to pay the costs incurred
herein.
5. I verify that the statements made in this affidavit 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 P.eGg" Y ?N"
Penny L. Abady ?-
Petitioner
i l
L.
?l!
1!-
f„
Li
Cll L
l? 1 l.J
SEP 0 7 1999th
PENNY L. ABADY,
Plaintiff
V.
JOSEPH A. ABADY,
Defendant
ORDER OF COURT
FOR THE COURT:
By:
Custody Conciliator
AND NOW, this _ day of
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
NO. 99- •S'YO)?
CIVIL TERM
1999, upon consideration of the
attached petition, it is hereby directed that the parties and their respective counsel appear before,
the conciliator, at
on the _ day of 1999, 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. Either parry may bring the child(ren) who is the subject of this custody
action to the conference, but the child/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 YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans 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.
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY/VISITATION
JOSEPH A. ABADY,
Defendant :NO. 99- S'yof CIVIL TERM
COMPLAINT FOR CUSTODY
The plaintiff, Penny L. Abady, by her attorneys, the Family Law Clinic, sets forth the
following cause of action:
1. Plaintiff is Penny L. Abady, who currently resides at 59 Gasoline Alley, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant is Joseph A. Abady, who currently resides at 3615 Locust Lane,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Plaintiff seeks primary physical and shared legal custody of the following child:
Name Present Address Date of Birth
Desiray Welch 59 Gasoline Alley November 19, 1992
Carlisle, PA 17013
The child is presently in the custody of Penny L. Abady, who resides at 59 Gasoline
Alley, Carlisle, Cumberland County, Pennsylvania 17013.
During the past five years, the child has resided with the following persons and at
the following addresses:
Persons
Addresses
Dates
Penny Abady, 59 Gasoline Alley May 10, 1999 -
Christopher Welch Carlisle, PA 17013 Present
(half-sibling)
Penny Abady, 59 Gasoline Alley March 1995 -
Christopher Welch, Carlisle, PA 17013 May 10, 1999
Joseph Abady
Penny Abady, 59 Gasoline Alley Spring 1994 -
Christopher Welch Carlisle, PA 17013 March 1995
4. The relationship of the plaintiff to the child is that of mother. She currently resides
with the following persons:
Name Relationship
Desiray Welch Daughter
Christopher Welch Son
5. The relationship of the defendant to the child is that of father. He currently resides
with the following persons:
Name Relationship
Eugene Horner Father
Donna Horner Mother
6. The 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 proceeding who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child will be served by granting the
relief requested because:
a) Plaintiff has been the primary caretaker of the child since birth;
b) Plaintiff has had sole custody of the child since May 10, 1999, subject to periods of
visitation by the defendant;
C) The child has a substantial relationship with her half-sibling that should be
maintained;
d) Plaintiff provides the child with love and affection and the adequate moral,
emotional, and physical surroundings as required to meet the child's needs.
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 her primary physical custody and
shared legal custody of the child.
Date G a g Q
Cindy A. S{ ridan
Certified Lb I Intern
THOMAS M. PLACE
ROBERT E. RAINS
Supervising Attorney
DONALD MARRITZ
Staff Attorney
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, Pennsylvania 17013
(717) 243-2968
Fax: (717) 243-3639
VERIFICATION
I verify that the statements made in this Custody Complaint are true and correct to the
best of my personal knowledge and belief, 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 ,r-9y _::F-
Penny L. Abady
Plaintiff
• 1
FAMILY LAW CLINIC
The Dickinson School of Law
The Pennsylvania State University
The Dale F. Shughart Community Law Center
45 North Pitt Street
Carlisle, PA 17013.2899
Joseph A. Abady
3615 Locust Lane
Mechanicsburg, Pennsylvania 17055
PENNY L. ABADY,
Plaintiff
V.
JOSEPH A. ABADY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
NO. 99-S107'
CIVIL TERM
ORDER OF COURT
AND NOW, this __ day of
1999, upon consideration of the
attached petition, it is hereby directed that the parties and their respective counsel appear before,
the conciliator, at
on the _ day of 1999, 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. Either party may bring the child(ren) who is the subject of this custody
action to the conference, but the child/children's attendance is not mandatory. 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans 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.
t 1
FAMILY LAW CLINIC
The Dickinson School of Law
The Pennsylvania State University
The Dale F. Shughart Community Law Center
45 North Pitt Street
Carlisle, PA 17013-2899
Family Law Clinic
45 North Pitt Street
Carlisle, Pennsylvania 17013
k}.
t
d
1
4
cf
I k
PENNY L. ABADY, ; IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY/VISITATION
JOSEPH A. ABADY,
Defendant :NO.99-,61QO?* CIVIL TERM
ORDER OF COURT
AND NOW, this _ day of
1999, upon consideration of the
attached petition, it is hereby directed that the parties and their respective counsel appear before,
, the conciliator, at ,
on the day of 1999, at in., 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. Either party may bring the child(ren) who is the subject of this custody
action to the conference, but the child/children's attendance is not mandatory. 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans 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.
Law Office of
James K. Jones, Esquire op, T 6
7 Irvine Ro:i + V?`
Carlisle, PA 17013.3019
(717) 240-0296
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-5408 CIVIL
CIVIL ACTION--LAW
JOSEPH A. ABADY,
Defendant : IN CUSTODY
AND NOW, comes Penny L. Abady, by her attorney, Dirk E. Berry, Esquire, and
respectfully avers as follows:
1. The child at issue, Desiray A. Welch, was bom to Penny Welch on November 19,
1992.
2. Father, Joseph A. Abady, had little or no contact with Desiray during the first two
years of her life.
3. Subsequently, Father, Joe Abady, returned to live with Penny and Desiray Welch
which resulted in Penny and Joe becoming married sometime in 1995.
4. Joe and Penny (now Abady) were separated on Mother's Day, May 9, 1999. They
remai0 married.
5. On June 9, 1999, an interim order was issued by the Honorable George E. Hoffer
ordering that Father pay child support at the rate of $100.00 per month. Appendix "A."
6. On September 3, 1999, Mother, represented by the Family Law Clinic of the
Dickinson School of Law, and Father, unrepresented, entered into a custody agreement whereby
Mother had physical custody of Desiray and Father had liberal visitation as the parties shall
arrange and mutually agree upon. The agreement was made an order of court dated September 9,
1999 by the Honorable Edward E. Guido. Abady v. Abady, docket no. 99-5408, a true and
correct copy of which is attached as Appendix "B."
7. On October 11, 1999, an incident apparently took place wherein Father's girlfriend,
Amy Shephard, threatened to take Desiray away from her mother.
8. As an apparent result of the October 11, 1999 incident, Desiray subsequently displayed
hypervigilence, sleep disturbance and heightened anxiety resulting in negative impact on her
functioning both at home and in school. As a result, Penny Abady has paid for regular
counseling services for Desiray, provided through the Carlisle branch of Pennsylvania
Counseling Services.
9. On November 15, 1999, a modified Order of Court was issued by the Honorable
George E. Hoffer, which ordered that Father pay child support for Desiray Welch in the amount
of $290.00 per month, a true and correct copy of which is attached as Appendix "C."
10. On or about December 29, 1999, Father, now represented by Thomas S. Diehl,
petitioned for a modification of the custody order entered on September 9, 1999 under docket
number 99-5408. Appendix "D."
11. A Conciliation Conference was held on February 11, 2000. As a result of this
Conciliation Conference, Father was temporarily granted every other weekend partial physical
custody from Friday after Father's work until 6:00 p.m. Sunday. Partial physical custody was
granted subject to several conditions including a requirement that neither Father's girlfriend nor
her-children would have contact with Desiray. Additionally, Father would affirmatively
cooperate in the scheduling of counseling sessions, at a cost to be shared between the parties,
which Mother would arrange through counsel. Appendix "E."
12. On March 1, 2000, Mother provided Father, through counsel, a list of three
counseling services that were satisfactory to her from which Father could pick a mutually
agreeable counseling service. This list did not include the Pennsylvania Counseling Services
which had been seeing Desiray on a fairly continuous basis since October, 1999. Pennsylvania
counseling Services was not considered satisfactory since they had already made a determination
that Father's girlfriend's influence was having a negative impact on Desiray. Accordingly, it had
I
been determined that the mutually agreeable counseling should be done by an independent
counseling service which had had no prior involvement in this matter.
13. By letters dated March 15, 2000, April 3, 2000, April 6, 2000, April 17, 2000, and
May 8, 2000, Mother reiterated her desire to proceed with the counseling as provided for in the
Custody Conciliation Conference. However, Father disregarded all requests, refused to choose a
mutually agreeable counseling service and refused to participate in any counseling.
14. Concurrently, on March 22, 2000, Mother filed a Petition for Civil Contempt of
Disobedience of Custody Order on the grounds that Father violated the no contact provision by
ir?itiating direct home contact between Desiray and Amy Shephard. Appendix "F."
15. During this same time period, both Mother and Father were reporting to their counsel
numerous incidents, mostly regarding custody transfer, resulting in a high level of dissatisfaction
with the March 1, 2000, Order by all parties.
16. In mid-April, the parties agreed that Father's alternating weekend partial custody
would not include Fridays or overnights, thus resulting in a 10:00 a.m. to 8:00 p.m. partial
physical custody on Saturday and a 10:00 a.m. to 7:30 p.m. partial physical custody on Sunday.
The parties also agreed that there could be contact between Desiray and Father's girlfriend and
her siblings, but that Father must be present during all such contact and that Father's girlfriend
would not conduct any discipline of Desiray. Mother also agreed to withdraw her civil contempt
action which was withdrawn April 17, 2000, a true and correct copy is attached hereto as
Appendix "G."
17. The parties own interim agreement appeared to result in reduced problems although
Desiray continued to resist partial custody periods with Father on more than one occasion.
• . 18. However, Father did not appear. A Custody Conciliation Conference was scheduled
f1r• May 11, 2000.
19. The Conciliator, Hubert Gilroy, Esquire, directed that the parties' own agreement (see
paragraph 16) be followed in the interim and he rescheduled the Custody Conciliation for June 8,
2000.
20. Subsequently, the Conciliation Conference was rescheduled to July 13, 2000 to allow
the parties' own interim agreement to be better evaluated.
21. A Conciliation Conference was held on July 13, 2000. As a result of this conciliation
Conference, much of the parties' interim agreement was formalized as noted in the Conciliation
Conference Summary Report issued by Hubert X, Gilroy, Esquire, on July 13, 2000. Appendix
.IH
22. Although issues remained, provisions of the parties' interim agreement were issued as
an Order of Court by the Honorable Edward E. Guido on July 18, 2000. Appendix "H."
23. To resolve remaining issues, a hearing was scheduled before this Honorable Court
jar October 13, 2000.
•.. 23. Desiray continues to have apparent emotional problems. Additionally, the issue of
the Father's girlfriend (and girlfriend's siblings) contact with Desiray was unresolved as was the
issue relating to counseling.
25. Pennsylvania Counseling Services documented the continuing adverse effect of
Father's conduct on Desiray by letter dated August 16, 2000.
26. Currently, Father is apparently disregarding paragraph 2 of the July 18, 2000 Court
Order requiring his presence with Desiray during Partial Physical Custody and Father continues
to resist all efforts to involve him in counseling.
1. Father's partial physical custody periods (partially resolved).
o ' 2. Father's presence with Desiray during partial physical custody periods.
3. Desiray's contact/non-contact with Father's girlfriend and girlfriend's siblings.
4. Custody transfer procedures including:
a. Duties of parents during transfer; and
b. Telephone contact for coordination of transfer.
5. Counseling.
MOTHER'S POSITION ON THE ISSIJRS
1. Father's partial phyq4cal custody riods ( agial y resolvedl
Penny Abady's (Mother) position is that the partial physical custody set forth in the
parties interim agreement is about the right amount, if all the other issues are satisfactorily
addressed. Penny is still married to Joseph and desires that Desiray know her father and develop
a loving, caring relationship with him. However, Penny would see the other issues below as
being inextricably linked to this issue and would not support actual physical custody at the
interim agreement level absent the implementation of satisfactory solutions to the remaining
issues.
Currently, holiday periods do not modify the basic agreement. If holiday periods are
added, Penny would strongly favor splitting any day so designated so that she is with Desiray for
at least half of any such day.
2. Father's presence with Desiray during partial physical custody periods.
Penny desires that Joseph be physically present with Desiray during all periods of partial
physical custody. Penny's desire is that Desiray nurture a relationship with her father. Absent
Joseph's presence being required, Penny fears that Desiray will be used as a pawn to satisfy other
agendas of Father's girlfriend.
3. Desiray's contact/non-contact with Father's girlfriend nod girlfriend's siblings
Penny desires that there be no contact with Desiray and Joseph's girlfriend or Joseph's
girlfriend's siblings because of the documented adverse effect this contact has continuously had.
However, Penny will compromise with limited contact with Joseph's girlfriend and Joseph's
girlfriend's siblings as long as (1) Father is physically present during all such physical contact; (2)
Joseph's girlfriend never acts in a disciplinary role; and (3) Joseph fully participates in counseling
as indicated and recommended by Desiray's current counselor.
4. Custody transfer nroced ur c in I Uding-
Penny desires that there be a specific time set up for transfer. The order should provide
for a specific half-hour window and if the party picking up the child for partial physical custody
is more than a half-hour late there should be a specific provision allowing the primary physical
custodian (here Mother) to consider that weekend waived unless there was a prior agreement
between Father and Mother regarding the time and/or another weekend, If there is no agreement
regarding the time, then Penny should be relieved of the burden of worrying about what is
appropriate to do with the child if Father is late or absent from a pick-up time. Additionally,
since there has been some problems with the child being returned late, there should be a specific
provision for modifying the next partial physical custody period as a result of the child being late.
Penny would suggest a three-to-one hour ratio for modification so that the provision does not
become a vehicle for unilateral modifications in the pick-up and return times.
Additionally, the actual transportation duties and duties of both parents during trai,sfer
need to be specifically addressed. Penny does not have transportation to effect the transfer and
currently the transportation responsibility has been handled by Joseph. Accordingly, Penny
would desire that Joseph be responsible for transportation to and from Penny's house or Penny's
parents house (two doors down) for pick-up and return of the partial physical custody periods.
Penny would desire that neither girlfriend, nor her siblings, be present at the transfer of custody
and that both parents be allowed freedom of movement between the home and the vehicle to
accompany Desiray back and forth. Additionally, Penny would desire that Joseph does not
leave, following a return from partial physical custody, until he has made contact with either
Penny or Penny's parents and there is no question about who is assuming custody of Desiray at
that point.
h. Telephone contact for coordination of transfer.
It is necessary from time to time for there to be contact between the parents to effect
agreed upon variations in the partial physical custody time periods. Penny has attempted to make
this contact by telephone and has met resistance from Father in doing so. Mother strongly desires
that she be allowed to make the two or three calls necessary when a variation or modification of
partial physical custody times is appropriate without adverse feedback or inappropriate responses
occurring. Penny is willing to avoid calling Father at work if Father has sufficient availability at
home for any necessary coordination to be effected. The order should also clearly state that
neither party may use the particular phone service they are currently using as an excuse to prevent
such necessary telephone contact. It currently appears that neither party has long distance service
on their phone. However, this telephone contact could certainly take place with calling cards or
other alternative means.
Penny desires to have Joseph participate fully in the counseling that has been
recommended by Pennsylvania Counseling Services. Penny desires that both parties share this
expense. Due to Father's continued resistance of counseling, Penny desires that the order have
physical custody ramifications if Joseph does not abide by the counseling recommendations.
Specifically, Penny would desire that non-attendance at counseling sessions would result in a
waiver of all or part of the next partial physical custody weekend.
LIST OF MOTHER'S PJITNFQsFC AN^
SUMMARY OF ANTI IPATFD T STIM01?
Mother's position, facts in support of Mother's position, and history of the case.
2. Desiray Abadv Daughter Sabi t Child
Facts regarding Father's actions during his partial physical custody periods, facts
regarding incidents during custody transfer, and her desires regarding custody.
3. Chris Welch, penny Abady's Con
Facts regarding events during custody transfers, and facts regarding Desiray's disposition
following partial physical custody periods.
4. BeU R rick- Maternal Grandmother
Observed events regarding custody transfers and effects on Desiray.
5. Date Barrick Maternal Step-Grandfather
Observed events regarding custody transfers and effects on Desiray.
Penny Abady, natural mother, desires that she retain primary physical custody of Desiray
and that the partial physical custody periods allow Desiray to develop a relationship with her
father but do not harm Desiray emotionally or psychologically.
Penny Abady further desires that there be a specific structure, preferably detailed, which
also provides for the rights and responsibilities of both parents, including clear guidelines
regarding waiver and ramifications if physical custody transfers are carried out negligently or
late. Penny desires that counseling issues, contact with Father's future and present girlfriend
issues and telephone contact between Joseph and Penny be specifically addressed.
Respectfully submitted
A
Dirk E. Berry, Esquire
Attorney for Plaintiff
Law Office of James K. Jones, Esquire
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
PENNY L. ABADY ) Order Number 1224 S 1992
Plaintiff )
vs. ) PACSES Case Number 857101058
JOSEPH A. ABADY ) Docket Number 1224 S 1992
Defendam ) Other State ID Number )CPO
ORDER OF COURT
0 Final ® Interim 0 Modified
AND NOW, 9TH DAY OF JUNE, 1999 based upon the Court's
determination that the Payee's monthly net income is S 411.00 and the Payor's
monthly net income is $ 1, 092.69 , it is hereby ordered that the Payor pay to the
Domestic Relations Section, Court of Common Pleas,
ONE HUNDRED
Dollars ($ loo. oo ) a month payable SEMI-MONTHLY as follows: first payment due
BY JIM 14, 1999.
The effective date of the order is 06/09/99 .
Arrears set at $ 115.12 as of JUNE 9, 1999 are due in full
IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by
contempt proceedings, credit bureau reporting and tax refund offset certification and will not
be initiated as long as obligor does not owe overdue support. Failure to make each payment on
time and in full will cause all arrears to become subject to immediate collection by all the
means listed above.
For the Support of.
Name Birth Date
DESIRAY A. WELCH 11/19/92 174-74-2326
Form OE•518
Service Type M Appendix "A" Worker ID 21105
1i
,PENNY L. ABADY,
Plaintiff
V.
JOSEPH A. ABADY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
NO. 99- 5408
CUSTODY AGREEMENT
CIVIL. TERM
The parents, Penny L. Abady (Mother) and Joseph A. Abady (Father), enter the
following agreement with regard to custody of their minor child, Desiray Welch:
1. The parties are the natural parents of a minor child, Desiray Welch, who was
born on November 19, 1992.
2. The parties shall share legal custody.
3. Mother shall have physical custody of the child.
4. Father shall have liberal visitation with the child at Mother's residence as the
parties shall arrange and mutually agree upon.
5. At a time when both parties agree that it is appropriate, Father shall have periods of
overnight partial physical custody of the child from time to time as the parties shall mutually
agree upon and arrange.
6. The parents may agree to make temporary verbal changes to this written
agreement: however, in the event that they can no longer agree about temporary changes, this
written agreement will again control.
7. Father is not represented by counsel. Father understands that the Family Law
Clinic only represents Mother in this proceeding. Father has received no legal advice from the
Family Law Clinic other than to seek his own legal counsel, which he has chosen not to do.
Appendix "B"
S. As evidenced by their signatures below, the parties do hereby intend to be
bound by the terms of this Agreement, and this Agreement shall become an order of the Court.
_22%
Date i??i? ? z
Penny L. Abady, Mother
Date -L dy A. eridan, Certified Legal Intern
for Penny . Abady, Mother
Date ?
Robert E. airs, upervising Attorney
for Penny L. Abady, Mother
9-S
y-..e 2llrr?./,
Date 4oseph A. Ab y, Fatber
ORDER
AND NOW, this ?yday of 1999, the above agreement is
entered as an order of Court.
By the Court, ,J.
...
y hand
tt ....t.-....19.9.9...
"' H, . , prothonotary
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
.j PENNY L. ABADY ) Order Number 1224 S 1992
Plaintiff )
VS. ) PACSES Case Number 857101058
JOSEPH A. AEADY ) Docket Number 1224 S 1992
Defendant ) Other State ID Number ? Q P p
ORDER OF COURT
Q Final Q Interim ® Modified
AND NOW, 15T1H DAY OF NOVEMBER, 1999 based upon the Court's
determination that the Payee's monthly net income is $ 988.26 and the Payor's
monthly net income is $ 1, 257.97 it is hereby ordered that the Payor pay to the
Pennsylvania State Collection and Disbursement Unit
TWO HUNDRED AND NINETY
Dollars ($ 290.00 ) a month payable BI-WEEKLY as follows: first payment due
BY NOVEMBER 30, 1999.
The effective date of the order is 10/14/99 .
Arrears set at $ 295, 43 as of NOVEMER 15, 1999 are due in full
IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by
contempt proceedings, credit bureau reporting and tax refund offset certification and will not
be initiated as long as obligor does not owe overdue support. Failure to make each payment on
time and in full will cause all arrears to become subject to immediate collection by all the
means listed above.
For the Support of:
&= Binh Date
DESIRAY A. WELCH 11/19/92
Form OE-518
Service Type M Worker ID 21105
Appendix "C"
PENNY ABADY,
Plaintiff/Respondent laintiff/Respondent
v.
JOSEPH A. ABADY,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. 99-5408 CIVILTERM
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
I. The Petitioner is the above-named Defendant, Joseph A. Abady, an adult
individual currently residing at 3824 Mt. View Road, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. The Respondent is the above-named Plaintiff, Penny L. Abady, an adult
individual currently residing at 59 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania
17013.
3. The parties are the natural parents of the child Desiray A. Welch, born November
19, 1992. The child was born out of wedlock.
4. The parties are currently subject to a Custody Order dated September 9, 1999,
which was the result of a Custody Agreement. A copy of the resulting Order and Agreement are
attached hereto and incorporated herein by reference as Exhibit "A."
5. There have been no additional actions relative to custody of the within named
child in anyjurisdiction to the Petitioner's knowledge.
6. Since the entry of the Court's Order of September 9, 1999, the child has primarily
resided with the Respondent.
7. Paragraph 4 of the Court's Order of September 9, 1999 reads, "Father shall have
liberal visitation with the child at Mother's residence as the parties shall arrange and mutually
Appendix "D"
agree upon (emphasis added)." From the onset of this arrangement, the Mother has routinely
refused to agree to periods of visitation.
! 8. Paragraph 5 of the Order reads, "At times when both parties agree that it is
appropriate, Father shall have periods of overnight partial physical custody of the child from time
to time as the parties shall mutually agree upon and arrange (emphasis added)." From the onset
of this Agreement, the Mother has routinely refused to agree to overnight contact. Currently the
Father is not exercised any periods of overnight custody of the child.
9. The parties' existing Agreement appears internally inconsistent, and therefore has
caused confusion regarding the parties' rights and responsibilities.
10. Paragraph 4 of the Agreement indicates that Father's visitation should take place
at Mother's residence, however, Paragraph 5 indicates that Father shall have periods of overnight
contact with the child.
11. Father was not represented by counsel at the time the Agreement was drawn up
nor when it became an Order of the Court on September 9, 1999.
12. The existing Order has proven to be impracticable and biased. In order for Father
to exercise any visitation, the Order necessitates the Mother's agreement, which has heretofore
been withheld.
13. The natural mother of the child is Penny L. Abady. She is married.
14. The natural father of the child is Joe A. Abady. He is married.
15. The relationship of the Petitioner to the child is that of natural father. The natural
father currently resides alone.
16. The relationship or the Respondent to the child is that of natural mother. The
natural mother currently resides alone with the child.
17. The Petitioner has not participated as a party or a witness in any other capacity in
litigation concerning the child.
18. Petitioner has no information of any custody proceeding concerning the child
pending in any Court of this Commonwealth.
19. The best interest of the child will be provided by modifying the existing Custody
Order for following reasons:
(a) Mother's non-cooperation has made the existing Order unmanageable;
(b) In order for Father to foster a healthy relationship with the child, he must be
expressly permitted to have unfettered contact with the child outside the presence of the
Mother's home; and
(c) Working towards a standard, alternating weekend schedule would afford the
parties and the child a more consistent and predictable schedule to facilitate planning
activities with the child.
20. Petitioner does not know of any person not a party to these proceedings who
claims to have custody or visitation rights with respect to the child.
WHEREFORE. Petitioner requests your Honorable Court to grant his request to enter an
Order scheduling a Custody Conciliation regarding the custody modification.
Attorney for Defendant/Petitioner
401 East Louther Street, Suite 103
Carlisle, Pennsylvania 17013
(717) 210-0833
EXHIBIT A
V.
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
JOSEPH A. ADADY,
Defendant :NO. 995408 CIVIL. TERM
CUSTODY AGREEMENT
7'he parents, Penny L. Abady (Mother) and Joseph A. Abady (Father), enter the
following agreement with regard to custody of their minor child, Desiray Welch:
1. The parties are the natural parents of a minor child, Desiray Welch, who was
born on November 19, 1992.
2. The parties shall share legal custody.
3. Mother shall have physical custody of the child.
4. Father shall have liberal visitation with the child at Mother's residence as the
parties shall arrange and mutually agree upon.
5. At a time when both parties agree that it is appropriate, Father shall have periods of
overnight partial physical custody of the child from time to time as the parties shall mutually
agree upon and arrange.
6. The parents may agree to make temporary verbal changes to this written
agreement; hotviceer, in the event that they can no longer agree about temporary changes, this
written agreement will again control.
7. Father is not represented by counsel. Father understands that the Family Law
Clinic only represents Mother in this proceeding. Father has received no legal advice from the
Family Law Clinic other than to seek his own legal counsel, which he has chosen not to do.
bound by the temu of this ngreemcnt, and this Agreement s fb EB11te r"MUrortac mow,..
Lam! L D,s s? X Z' /O ??
Date Penny L. Abady, Mother
a-a-ag ld(n,fl
Dvc Cindy A.
for Penny
Date Robert E.
for Penny
?fm )-
eridan, Certified Legal Intern
W. Abady, Mother
Rains, Supervising Attorney
L. Abady, Mother
Date Iloseph A. Ab y, Father
ORDER
AND NOW, this day of 1999, the above agreement is
entered as an order of Court.
By the Court,
TNJE COPY `R7?r1 RECORD ASS ?cG?AUL cr
In T:%.I':ruV,; : Iwrn:ef, I hrrc it my liand J,
and Vile of said Court at Carfislo, Pa.
19.59
... of.. ?.....
This /0...,._ day ,
1.t1. ... Lz..r.t ?............?...
?? {? • Prot tonotary
PUNNY L:'ADAVIT.
Plasma : CUMBERLAND COUNTY. EVANIA
JOSE-I'll A. AIJADY.
Defendant : NO. 99-5408 CIVIL TERbI
ACCEPTANCE OF SERVICE
I accept service of the Custody Complaint. ,
azj C cfic ?uL?,
,oseph A'. Abady
3615 Locust Lane
Mechanicsburg, Pennsylvania 17055
Date: September 2 , 1999
v : CIVIL ACTION - LAW
IN CUSTODY/VISITATION
PENNY L. ABADY,
Plaintiff/Respondent
V.
JOSEPH A. ABADY,
Defendant/Pet itioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVII, ACTION - CUSTODY
NO. 99-5408 CIVIL TERM
M CUSTODY
VERIFICATION
I verify that the statements made in this Petition are true and correct. 1 understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to
unswom falsification to authorities.
rOSEPNA. ABADY,
Defendant/Petitioner
FEB 15 2000
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOSEPH A. ABADY, NO. 99-5408 CIVIL
Defendant IN CUSTODY
COURT ORDER
?? ('torc'h
AND NOW, this .J-_ day of EF5iiFPA 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
The Mother, Penny L. Abady, and the Father, Joseph A. Abady, shall enjoy shared
legal custody of Desiray A. Welch, bona November 19, 1992.
2. The Mother shall enjoy primary physical custody of the minor child.
3. ' The Father shall enjoy temporary physical custody of the minor child on alternating
weekends from Friday after Father's work until Sunday at 6:00 p.m. Father's
periods of temporary custody are subject to the following conditions:
A. In the event Father is working through Friday evening, his custody of
the child will not start until he is off of work on Saturday.
B. During Father's periods of temporary custody, the minor child shall
not be in the company of Father's girlfriend or girlfriend's children.
This provision is subject to the clarification set forth below in this
order.
C. During Father's periods of temporary custody and in the event the
Father is not with the child, only Father's parents may provide care
for the child. Otherwise, Father shall always be with the child.
4. In the event Mother desires to continue with a limitation on Father's girlfriend's
ability to be in the presence of the child, Mother through her counsel shall make
arrangements to have Father, Mother and the minor child and, if necessary, Father's
girlfriend, involved in a counseling session. This counseling shall be done by a
mutually agreed upon counseling agency which shall not be the counselor who has
already interviewed the child and the Mother but did not include the Father in the
initial counseling or evaluation session. Costs of any counseling or evaluation shall
be shared equally between the parties. The purpose of this counseling is to determine
whether there should be a restriction on future custody relative to the minor child
being in the presence of the Father's girlfriend.
Appendix "E"
S. This is a temporary order entered pursuant to an agreement reached by the parties at
a Custody Conciliation Conference. The parties shall meet again for another
Custody Conciliation Conference at the Cumberland County Courthouse on
Thursday, May 11, 2000 at 8:30 a.m. At that Conciliation Conference and in the
event there is sufficient information to show that Father has diligently followed
through on the custody arrangements and there is a lack of any information
suggesting that the Father's girlfriend is having an adverse impact on the child,
Father's periods of temporary custody shall be continued absent the restriction of the
girlfriend. However, it is anticipated that Father will diligently pursue the custody
schedule that is set forth and that Father will affirmatively cooperate in the
scheduling of any counseling sessions.
6. For the initial periods of custody, Father shall handle all transportation. However,
after the first three (3) months and after the parties meet for another Custody
Conciliation Conference, the Court will consider Father's request for shared
transportation.
Both parties shall advise the other party of a phone number at which they can be
reached. However, neither party shall contact the other party at work except for
emergency matters pertaining to the minor child.
BY THE COURT,
Edward E. Guido
cc: Thomas S. Diehl, Esquire
Dirk E. Berry, Esquire
TRUE COPY MN4
In Testimony whareof, I Km u1 t.
and the seal of s id Court at Carlin e, Pa.
T ?....... da of. ?1),14. Q.
Prothonote
PENNY L. ABADY,
Plaintiff
v
JOSEPH A. ABADY,
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 99-5408 CIVIL
IN CUSTODY
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:
The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Desiray A. Welch, bom November 19, 1992.
2. A Conciliation Conference was held on February 11, 2000, with the following individuals in
attendance:
The Mother, Penny L. Abady, with her counsel, Dirk E. Berry, Esquire; and the Father,
Joseph A. Abady, with his counsel, Thomas S. Diehl, Esquire.
3. The parties agree to the entry of a temporary order in the form as attached.
14 D4 a r?
DATE Hubert X. Gilroy, E uire
Custody Conciliat r
PENNY L. ABADY,
Plaintiff/Petitioner
VS.
JOSEPH A. ABADY,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-5408 CIVIL TERM
CIVIL ACTION--LAW
CIVIL CONTEMPT
Legal proceedings have been brought against you alleging you have willfully
disobeyed an order of Court for partial custody.
If you wish to defend against the claims set forth in the following pages, you may
but are not required to file in writing with the Court your defenses or objections.
Whether or not you filed in writing with the Court your defenses or objections,
you must appear in person in Court on ,
2000, at _.m. in Courtroom - of the Cumberland County Courthouse, High
and Hanover Streets, Carlisle, Pennsylvania.
IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT
FOR YOUR ARREST.
If the Court finds that you have willfully failed to comply with this order for
partial custody, you may be found to be in contempt of Court and committed to jail, fined
or both.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
J.
Appendix "F"
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
rn o
Vs. N0.99.5408 CIVIL TERM n1 ; J
z n: 3
JOSEPH A. ABADY, CIVIL ACTION--LAW
Defendant/Respondent CIVIL CONTEMPT
PETITION FOR CIVIL CONTFMPT -
v
FOR DISOBEDIENCE. OF CUSTODY ORDER
The Petition of Penny L. Abady by and through her counsel, Dirk E. Berry,
Esquire, respectfully represents:
1. That on March 1, 2000, the Honorable Edward E. Guido, Judge, entered an
Order awarding Petitioner primary physical custody and providing that Desiray A. Welch,
the minor child in the above captioned action, shall not be in the company of Father's
girlfriend. A true and correct copy of the order is attached to this petition.
2. Respondent willfully failed to abide by the order in that he forced telephone
contact between the minor child, Desiray A. Welch and his girlfriend during the second
weekend of visitation.
WHEREFORE, Petitioner requests that Respondent be held in contempt of Court.
Respectfully submitted,
Law Office of James K. Jones, Esquire
41- --__-?
irk E. Berry, Esquire
Attorney for Plaintiff
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
r,
;•y m
Y .•
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 Penny L. ba?tC dy
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 99-5408 CIVIL TERM
JOSEPH A. ABADY, CIVIL ACTION--LAW
Defendant/Respondent CIVIL CONTEMPT
1, Dirk E. Berry, Esquire, do hereby certify that on this day the Petition for Civil
Contempt for Disobedience of a Custody Order was served by first class mail, postage pre-paid
upon the following persons:
Thomas S. Diehl, Esquire
Attorney for Defendant/Respondent
401 Louther St., Ste. 103
Carlisle, PA 17013
Date: 3-42-1-00
irk E. Berry, squire
Attorney for Plaintiff/Petitioner
7 Irvine Row
Carlisle, PA 17013
(717)240-0296
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-5408 CIVIL TERM C,
JOSEPH A. ABADY, CIVIL ACTION--LAW
Defendant/Respondent CIVIL CONTEMPT ` .`
r" -v -
PRAF.CIPF.FOR WITHDRAWAL OFCIVIT CONTEMPT ACTIO?
+Y
? J
TO THE PROTHONOTARY:
Kindly file this Praecipe in the above captioned matter as a withdrawal of the action for
Civil Contempt therein.
Respectfully submitted,
Law Once of James K. Jones, Esquire
Dirk E. Berry, Esquire
Attorney for Plaintiff/Petitioner
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
Appendix "G"
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-5408 CIVIL TERM
JOSEPH A. ABADY, CIVIL ACTION--LAW
Defendant/Respondent CIVIL CONTEMPT
1, Dirk E. Berry, Esquire, do hereby certify that on this day the Praecipe for Withdrawal of
Civil Contempt Action served by first class mail, postage pre-paid upon the following persons:
Thomas S. Diehl, Esquire
401 Louther St., Ste. 103
Carlisle, PA 17013
Date: An ODO
irk E. Berry, Esquire
Attorney for Petitioner
7 Irvine Row
Carlisle, PA 17013
(717)240-0296
JUL 1 g ZDOOb?)
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
JOSEPH A. ABADY, NO. 99-5408 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this jj?t day of July, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
A hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse
on the 13 *S day of .4 C.,Aa,X EA , 2000, at 8. Id ,
,_.M. at which time testimony will be taken in the above case. At this hearing, the
Father shall be the moving party and shall proceed initially with testimony. Counsel
for the parties shall file with the Court and opposing counsel a memorandum setting
forth the history of custody in this case, the issues currently before the Court, a
summary of each parties position on those issues, a list of witnesses who will be
called to testify and a summary of the anticipated testimony of each witness. This
memorandum shall be filed at least 5 days prior to the mentioned hearing date.
2. Pending further order of this Court, this Court's prior order of February 2000 shall
remain in effect such that Father shall continue to have custody on alternating
weekends. Father's custody shall not be overnight. Additionally, Father's custody
is contingent upon the requirement that Father is always with the child and Father's
girlfriend and her siblings shall not care for the minor child alone nor shall they be
involved in discipline of the minor child.
In the event Mother desires to have a psychological evaluation done for the parties,
Mother may petition the Court prior to the hearing to determine if the Court will
direct the Father to participate in a financial contribution to accomplish that
evaluation. In the alternative, if Mother is willing to incur the expense with respect
to a psychological evaluation, Father must cooperate in that evaluation and also
ensure that his girlfriend who lives with him becomes involved in that evaluation if
requested by the evaluator.
BY
Edward E. Guido
cc: Dirk E. Berry, Esquire TRUE COPY FROM Thomas S. Diehl, Esquire In Testlrrron whprs RECORD
Y . oI, f t*re unto' 0 try
Ml 'he saai of %! C!fdit et Ca,
00 . , N,. L-, Ft p( Thi may , it.
Otis UT Appendix "H" NO n any
C
PENNY L. ABADY,
Plaintiff
JOSEPH A. ABADY,
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-5408 CIVIL
IN CUSTODY
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:
The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Desiray A. Welch, bom November 19, 1992.
2. A Conciliation Conference was held on July 13, 2000, with the following individuals in
attendance:
The Mother, Penny L. Abady, with her counsel, Dirk E. Berry, Esquire; and the Father,
Joseph A. Abady, with his counsel, Thomas S. Diehl, Esquire.
3. The parties were before the Conciliator in February of this year. Prior to that time, Father
had not seen the child for a number of years. The parties worked out a temporary agreement
in February whereby the Father would have alternating weekends subject to the Father
proceeding with getting some counseling relating to his relationship and his girlfriends
relationship with the minor child. The visitation has continued. However, the counseling
was not accomplished for reasons which appear to be in dispute.
4. Over the past few months, the Father has not been exercising overnight visitation with the
minor child. He is content to leave that in place pending a permanent order. The Mother
still desires to have an evaluation. However, the Father will not incur any expense for the
evaluation. Mother may be willing to withdraw her request for an evaluation as long as the
Father abides by her specific requests to ensure that he is always present when the girlfriend
is with the child and that the girlfriend does not make any negative remarks to the child or
assume any role of disciplinarian.
5. The Co7iliator recommends the entry of an order in the form as attached.
DA ? Gb -
Hubert X. Esquire
Custody Conciliator
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-5408 CIVIL
CIVIL ACTION--LAW
JOSEPH A. ABADY,
Defendant ; IN CUSTODY
I, Dirk E. Berry, Esquire, do hereby certify that on this day the Pre-Hearing Memorandum
was served by first-class mail upon the following persons:
Thomas S. Diehl, Esquire
Mislitsky and Diehl
One West High St., Ste. 208
P.O. Box 1290
Carlisle, PA 17013
Date: /0- C- C20
Dirk E. Berry, Esquire
Attorney for Plaintiff
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
OCT I I 1Z
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - CUSTODY
NO. 99-5408 CIVIL TERM
JOSEPH A. ABADY,
Defendant IN CUSTODY
DEFENDANT'S PRE-TRIAL MEMORANDUM
HISTORY:
The parties, Joseph A. Abady (hereinafter "Father") and Penny L. Abady (hereinafter "Mother")
are the natural parents of Desiray Welch (hereafter "Child"). Child was born on November 19,
1992, and the parties were subsequently married on July 3, 1995.
Since the parties' separation, Child had primarily resided with Mother. The parties were
first subject to a Custody Order dated September 9, 1999, which was the result of an agreement
by the parties (attached hereto as "Exhibit A"). The Order of September 9, 1999, granted Father
visitation at the Mother's residence as mutually agree upon by the parties. Unfortunately,
Mother rarely agreed to permit Father contact with Child, and therefore Father filed a Petition for
Modification of the Custody Order on December 29, 1999 (attached hereto as "Exhibit B").
Thereafter a Custody Conciliation was held on February 11, 2000, which resulted in an
Order of Court dated March 1, 2000, (attached hereto as "Exhibit C") in which Father is granted
periods of temporary custody on alternating weekends. Subsequently another conciliation took
place on July 13, 2000, which resulted in an Order of Court dated October 13, 2000 (attached
hereto as "Exhibit D"). This later Order also continued Father's alternating weekends of
custody.
Mother has during the course of litigation made fantastic claims regarding to Father's
girlfriend, Amy Shepard (hereinafter "Girlfriend"), and members of both Father's and
Girlfriend's family. Specifically Mother has claimed that Girlfriend had attempted to kidnap
Child and therefore Mother was justified in withholding custody from Father. Likewise, Mother
has accused Child's paternal grandfather of also having attempted to kidnap Child. Each
allegation is without basis.
Father had agree during the first Custody Conciliation of February 11, 2000 to
temporarily forgo overnight visits with Child in order to 1) quell Mother's fears, whether rational
or otherwise; and 2) to allow Child to reacclimate herself with Father. Father avers that this
approach has been successful and that Child is now ready for an regular schedule of alternating,
overnight, weekends with him.
ISSUES BEFORE THE COURT:
1. Is it in Child's best interest to continue periods of custody with Father on alternating
weekends?
Suggested answer: YES.
2. Is it in Child's best interest to exclude her from contact with Father's girlfriend and/or her
family?
Suggested answer: NO.
WITNESSES:
Joseph A. Abady, Father.
Amy Shepard, Father's girlfriend.
Desiray Abady, Child.
Joseph Abady, Sr., paternal grandfather.
Mathew Lenker, girlfriend's son.
Luke Lenker, girlfriend's son.
Each of the above witnesses will be able to testify as to their personal observations of the
healthy relationship Child has developed during her alternating weekends with Father and his
family.
Res // b d,
Thomas S. Diehl
1 West High Street
Suite 208
P.O. Box 1290
Carlisle, PA 17013
(717) 240-0833
Exhibit A
r
9 1999
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
: IN CUSTODY/VISITATION
JOSEPH A. ABADY,
Defendant : NO. 99- 5408 CIVIL. TERM
CUSTODY AGREEMENT
The parents, Penny L. Abady (Mother) and Joseph A. Abady (Father), enter the
following agreement with regard to custody of their minor child, Desiray Welch:
1. The parties are the natural parents of a minor child, Desiray Welch, who was
born on November 19, 1992.
2. The parties shall share legal custody.
3. Mother shall have physical custody of the child.
4. Father shall have liberal visitation with the child at Mother's residence as the
parties shall arrange and mutually agree upon.
5. At a time when both parties agree that it is appropriate, Father shall have periods of
overnight partial physical custody of the child from time to time as the parties shall mutually
agree upon and arrange.
6. The parents may agree to make temporary verbal changes to this written
agreement; however, in the event that they can no longer agree about temporary changes, this
written agreement will again control.
7. Father is not represented by counsel. Father understands that the Family Law
Clinic only represents Mother in this proceeding. Father has received no legal advice from the
Family Law Clinic other than to seek his own legal counsel, which he has chosen not to do.
C
As evidenced by their signatures below, the Parties do hereby intend to be
bound by the terms of this Agreement, and this Agreement shall become an order of the Court.
l
-Date-?
Date rvwly L. Mother
Date Cindy 2A eridan, Certified Legal Intern
for Penny . Abady, Mother
Date Robert E. ' s, upervising Attorney
for Penny L. Abady, Mother
;,.
Date nosepn A. Abn9y, Father
ORDER
AND NOW, this -9± day of _2&&tjnLAfA-j_1 1999, the above agreement is
entered as an order of Court.
By the Court,
TRUE COPY FROM P.ECORD -/S/ '-'? 2 ?eo4?
In T_s ':rony :,h reef. I hire pr,ta > t my hand J.
and tl a ;eal of said court at Carlisle, Pa.
0 19...x1.9
This ....10......... day of .. e9t?.....,
Pi 14 49 J
J Prot anotar y
?C3? .
PENNY L. ABADY,
Plaintiff
V.
JOSEPH A. ABADY,
Defendant
I accept
Date: Sentem}m
c
IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
: NO. 99-5408 CIVIL TERM
ACCEPTANCE OF SERVICE
cu" Complaint.
1
n ? o :7
7ics
S a
r }?
?t f
V"-,
':
Exhibit B
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -CUSTODY
NO. 99-5408 CIVILTERM
JOSEPH A. ABADY,
Defendant/Petitioner IN CUSTODY
ORDER OF COURT
AND NOW, this day of
1999, upon presentation
and consideration of the attached Petition, it is hereby directed that the parties and their
respective counsel appear before
conciliator, at,
Pennsylvania on the day of
Esquire, the
Cumberland County,
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. Either party may bring the
child(REN) who is subject to this custody action to the conference, but the child/children's
attendance is not mandatory. 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 A'I' ONCE. IF YOU DO NOT
RAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPI LONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court Of Common Pleas of Cumberland County is required by law to comply with
the Americans 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.
PENNY L. ABADY,
Plaintitl7Respondent
V.
JOSEPH A. ABADY,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. 99-5408 CIVIL TERM
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
I. The Petitioner is the above-named Defendant, Joseph A. Abady, an adult
individual currently residing at 3824 Mt. View Road, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. The Respondent is the above-named Plaintiff, Penny L. Abady, an adult
individual currently residing at 59 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania
17013.
3. The parties are the natural parents of the child Desiray A. Welch, bom November
19, 1992. The child was bom out of wedlock.
4. The parties are currently subject to a Custody Order dated September 9, 1999,
which was the result of a Custody Agreement. A copy of the resulting Order and Agreement are
attached hereto and incorporated herein by reference as Exhibit "A."
5. There have been no additional actions relative to custody of the within named
child in any jurisdiction to the Petitioner's knowledge.
6. Since the entry of the Court's Order of September 9. 1999, the child has primarily
resided with the Respondent.
7. Paragraph 4 of the Court's Order of September 9, 1999 reads, "Father shall have
liberal visitation with the child at Alwher's residence as the parties shall arrange and mutually
a,w'vv upoo (emphasis added)." From the onset of this arrangement, the Mother has routinely
refused to agree to periods ol'visitation.
8. Paragraph 5 of the Order reads, "At tittles when both parties agree that it is
appropriate, Father shall have periods of overnight partial physical custody of the child from tittle
to tine as the parties shall nndually agree upon anal arrange (emphasis added)." From the onset
of this Agreement, the Mother has routinely refused to agree to overnight contact. Currently the
Father is not exercised any periods of overnight custody of the child.
9. The parties' existing Agreement appears internally inconsistent, and therefore has
caused confusion regarding the parties' rights and responsibilities.
10. Paragraph 4 of the Agreement indicates that Father's visitation should take place
at Mother's residence, however, Paragraph 5 indicates that Father shall have periods of overnight
contact with the child.
11. Father was not represented by counsel at the time the Agreement was drawn up
nor when it became an Order of the Court on September 9, 1999.
12. The existing Order has proven to be impracticable and biased. In order for Father
to exercise any visitation, the Order necessitates the Mother's agreement, which has heretofore
been withheld.
13. The natural mother of the child is Penny L. Abady. She is married.
14. The natural lather of the child is Joe A. Abadv. He is married.
15. The relationship of the Petitioner to the child is that of natural father. The natural
father currently resides alone.
Ili. The relationship of the Respondent to the child is that of natural mother. The
natural mother currently resides alone with the child.
17. The Petitioner has not participated as a party or a witness in any other capacity in
litigation concerning the child.
18. Petitioner has no information of any custody proceeding concerning the child
pending in any Court of this Commonwealth.
19. The best interest of the child will be provided by modifying the existing Custody
Order for following reasons:
(a) Mother's non-cooperation has made the existing Order unmanageable;
(b) In order for Father to foster a healthy relationship with the child, he must be
expressly permitted to have unfettered contact with the child outside the presence of the
Mother's home; and
(c) Working towards a standard, alternating weekend schedule would afford the
parties and the child a more consistent and predictable schedule to facilitate planning
activities with the child.
20. Petitioner does not know of any person not a party to these proceedings who
claims to have custody or visitation rights with respect to the child.
WHEREFORE, Petitioner requests your Honorable Court to grant his request to enter an
Order scheduling a Custody Conciliation regarding the custody modification.
Respectfully sub?ttecT,
Thomas S. Die , Esquire
Attorney lift Delendant/Petitioner
401 East Louther Street, Suite 103
Carlisle, Pennsylvania 17013
(717) 240-0833
EXHIBIT A
)1, 1
PENNY L. ABADY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
JOSEPH A. ABADY,
Defendant
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
NO. 99- 5408
CIVIL TERM
CUSTODY AGREEMENT
The parents, Penny L. Abady (Mother) and Joseph A. Abady (Father), enter the
following agreement with regard to custody of their minor child, Desiray Welch:
The parties are the natural parents of a minor child, Desiray Welch, who was
born on November 19, 1992.
2. The parties shall share legal custody.
3. Mother shall have physical custody of the child.
4. Father shall have liberal visitation with the child at Mother's residence as the
parties shall arrange and mutually agree upon.
5. At a time when both parties agree that it is appropriate, Father shall have periods of
overnight partial physical custody of the child from time to time as the parties shall rnutually
agree upon and arrange.
6. The parents may agree to make temporary verbal changes to this written
agreement; however, in the event that they can no longer agree about temporary changes, this
written agreement will again control.
7. Father is not represented by counsel. Father understands that the Family Law
Clinic only represents Mother in this proceeding. Father has received no legal advice front the
v ly9y .?
Family Law Clinic other titan to seek his own legal counsel, which he has chosen not to do.
8. As evidenced by their signatures below, the parties do hereby intend to be
bound by the terms of this Agreement, and this Agreement shall become an order of the Court.
Date Penny L. Abady, Mother
. ` N10RM
Date Cindy A.. eridan, Certified Legal Intern
for Permy . Abady, Mother
-a-?? ,I
Date Robert E. Pains, Supervising Attorney
for Penny L. Abady, Mother
9-3 -99 a"A- ?
Date Zoseplt A. Ab y, Father
ORDER
AND NOW, this 2 day of ' 1999, the above agreement is
entered as an order of Court.
By the Court,
.-
Tritlr (-I' FP'l?a f F.COP.D is/ Gc??t< G c
I. 1 0, I Ic n ,;; . -;1 my Band 1.
In T, .,,.;
and lir•? >_i ?f saFrl Luurl of carl'slr.. I',,.
day of e¢t?? 19 . d
L??? Prol wnotary
PENNY L. ABADY,
Plaintiff
V.
JOSEPH A. ABADY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
NO. 99-5408 CIVIL TERM
ACCEP'FANCE OFSERViCL
I accept service of the Custody Complaint.
`.?? C^. C(iL'sCl y
oseph A'. Abady
3615 Locust Lane
Mechanicsburg, Pennsylvania 17055
Date: September 2 '1999
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUN'rY, PENNSYLVANIA
V. CIVIL ACTION -CUSTODY
NO. 99-5408 CIVIL TERM
JOSEPH A. ABADY,
Defendant/Petitioner IN CUSTODY
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to
unswom falsification to authorities.
?? iv ,./
... /ei
JOSSA. ABADY,
Defendant/Petitioner
Exhibit C
r
FEB 15 2000 ?j'
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOSEPH A. ABADY, NO. 99-5408 CIVIL
Defendant IN CUSTODY
COURT ORDER
A- AA&4
AND NOW, this 14 day of Febralry, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
I. The Mother, Peany L. Abady, and the Father, Joseph A. Abady, shall enjoy shared
legal custody of Desiray A. Welch, bom November 19, 1992.
2. The Mother shall enjoy primary physical custody of the minor child.
3. The Father shall enjoy temporary physical custody of the minor child on alternating
weekends from Friday after Father's work until Sunday at 6:00 pm. ' Father's
periods of temporary custody are subject to the followutg'conditions: : -;
A. In the event Father is working through Friday evening, his custody of
the child will not start until he is off of work on Saturday.
B. During Father's periods of temporary custody, the minor child shall
not be in the company of Father's girlfriend or girlfriend's children.
This provision is subject to the clarification set forth below in this
order.
C. During Father's periods of temporary custody and in the event the
Father is not with the child, only Father's parents may provide care
for the child. Otherwise, Father shall always be with the child.
4. In the event Mother desires to continue with a limitation on Father's girlfriend's
ability to be in the presence of the child, Mother through her counsel shall make
arrangements to have Father, Mother and the minor child and, if necessary, Father's
girlfriend, involved in a counseling session. This counseling shall be done by a
mutually agreed upon counseling agency which shall not be the counselor who has
already interviewed the child and the Mother but did not include the Father in the
initial counseling or evaluation session. Costs of any counseling or evaluation shall
be shared equally between the parties. The purpose of this counseling is to determine
whether there should be a restriction on future custody relative to the minor child
being in the presence of the Father's girlfriend.
This is a temporary order entered pursuant to an agreement reached by the parties at
a Custody Conciliation Conference. The parties shall meet again for another
Custody Conciliation Conference at the Cumberland County Courthouse on
Thursday, May 11, 2000 at 8:30 am. At that Conciliation Conference and in the
event there is sufficient information to show that Father has diligently followed
through on the custody arrangements and there is a lack of any information
suggesting that the Father's girlfriend is having an adverse impact on the child,
Father's periods of temporary custody shall be continued absent the restriction of the
girlfriend. However, it is anticipated that Father will diligently pursue the custody
schedule that is set forth and that Father will affirmatively cooperate in the
scheduling of any counseling sessions.
6. For the initial periods of custody, Father shall handle all transportation. However,
after the first three (3) months and after the parties meet for another Custody
Conciliation Conference, the Court will consider Father's request for shared
transportation.
Both parties shall advise the other party of a phone number at which they can be
reached. However, neither party shall contact the other party at work except for
emergency matters pertaining to the minor child.
BY THE CO ,
J.
Edward E. Guido
cc: Thomas S. Diehl, Esquire
Dirk E. Berry, Esquire
TRUE COPY FPrM P..L%^PD
In Testimcry i I' r,' unto "t my harW
and the seal of said Court at CCarlislp, Pa.
Thi .....rti........ ay ofd /? ""..,
PENNY L. ABADY,
Plaintiff
V
JOSEPH A. ABADY,
Defendant
Prior Judge: Edward E. Guido
r
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
N0.99-5408 CIVIL
INCUSTODY
f oNcujAnoN CON-Yu FNCR SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
191534kb), the undersigned Custody Conciliator submits the following report
1. The pertinent information pertaining to the child who is the subject of tbs litigation is as
follows:
Desiray A.. Welch, born November 19,1992.
2. A Condliadoo C ofte toe spiahdd on February 11,2000, with the,)
her
Only;
Jaefl? r... ..,:.
3. The panes 4rea to the entry of atempormy order in the form as att6
f 00
DA
kf- AA
Hubert K Gilroy, uire
Custody Conciliat r
Exhibit D
I hereby certify this l l m day of October, 2000, that a true and correct copy of the
foregoing document was served on the following individual at the below listed address by Fax:
Dirk E. Berry, Esq.
7 Irvine Row
Carlisle, PA 17013
Fax (717) 240.0066
P.O. Box 1290
Carlisle, Pennsylvania 17013
(717) 240-0833
Counsel for the Defendant
1 West High Street
Suite 208
OCT 1 2 2000
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -CUSTODY
NO. 99-5408 CIVILTERM
JOSEPH A. ABADY,
Defendant IN CUSTODY
DEFENDANT'S PRE-TRIAL MEMORANDUM
HISTORY:
The parties, Joseph A. Abady (hereinafter "Father") and Penny L. Abady (hereinafter "Mother")
are the natural parents of Desiray Welch (hereafter "Child"). Child was born on November 19,
1992, and the parties were subsequently married on July 3, 1995.
Since the parties' separation, Child had primarily resided with Mother. The parties were
first subject to a Custody Order dated September 9, 1999, which was the result of an agreement
by the parties (attached hereto as "Exhibit A"). The Order of September 9, 1999, granted Father
visitation at the Mother's residence as mutually agree upon by the parties. Unfortunately,
Mother rarely agreed to permit Father contact with Child, and therefore Father filed a Petition for
Modification of the Custody Order on December 29, 1999 (attached hereto as "Exhibit B").
Thereafter a Custody Conciliation was held on February 11, 2000, which resulted in an
Order of Court dated March I, 2000, (attached hereto as "Exhibit C") in which Father is granted
periods of temporary custody on alternating weekends. Subsequently another conciliation took
place on July 13, 2000, which resulted in an Order of Court dated October 13, 2000 (attached
hereto as "Exhibit D"). 'this later Order also continued Father's alternating weekends of
custody.
Mother has during the course of litigation made fantastic claims regarding to Father's
girlfriend, Amy Shepard (hereinafter "Girlfriend"), and members of both Father's and
Girlfriend's family. Specifically Mother has claimed that Girlfriend had attempted to kidnap
Child and therefore Mother was justified in withholding custody from Father. Likewise, Mother
has accused Child's paternal grandfather of also having attempted to kidnap Child. Each
allegation is without basis.
Father had agree during the first Custody Conciliation of February 11, 2000 to
temporarily forgo overnight visits with Child in order to 1) quell Mother's fears, whether rational
or otherwise; and 2) to allow Child to reacclimate herself with Father. Father avers that this
approach has been successful and that Child is now ready for an regular schedule of alternating,
overnight, weekends with him.
ISSUES BEFORE THE COURT:
I. Is it in Child's best interest to continue periods of custody with Father on alternating
weekends?
Suggested answer: YES.
2. Is it in Child's best interest to exclude her from contact with Father's girlfriend and/or her
family?
Suggested answer: NO.
WITNESSES:
Joseph A. Abady, Father.
Amy Shepard, Father's girlfriend.
Desiray Abady, Child.
Joseph Abady, Sr., paternal grandfather.
Mathew Lenker, girlfriend's son.
Luke Lenker, girlfriend's son.
Each of the above witnesses will be able to testify as to their personal observations of the
healthy relationship Child has developed during her alternating weekends with Father and his
family.
Res ttysubOtte d,
Thomas S. Diehl
1 West High Street
Suite 208
P.O. Box 1290
Carlisle, PA 17013
(717) 240-0833
Exhibit A
( &P _ g 19999
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOSEPH A. ABADY,
Defendant
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
NO. 99- 5408
CUSTODY AGREEMENT
CIVIL. TERM
The parents, Penny L. Abady (Mother) and Joseph A. Abady (Father), enter the
following agreement with regard to custody of their minor child, Desiray Welch:
1. The parties are the natural parents of a minor child, Desiray Welch, who was
born on November 19, 1992.
2. The parties shall share legal custody.
3. Mother shall have physical custody of the child.
4. Father shall have liberal visitation with the child at Mother's residence as the
parties shall arrange and mutually agree upon.
5. At a time when both parties agree that it is appropriate, Father shall have periods of
overnight partial physical custody of the child from time to time as the parties shall mutually
agree upon and arrange.
6. The parents may agree to make temporary verbal changes to this written
agreement; however, in the event that they can no longer agree about temporary changes, this
written agreement will again control.
7. Father is not represented by counsel. Father understands that the Family Law
Clinic only represents Mother in this proceeding. Father has received no legal advice from the
Family Law Clinic other than to seek his own legal counsel, which he has chosen not to do.
..
S. As evidenced by their signatures below, the parties do hereby intend to be
bound by the terms of this Agreement, and this Agreement shall become an order of the Court.
1:2-29
Date
Penny L. nbady, Molder
Date qL '"
. eridan, Certified Legal Totem
CinPy
for y . A
bady, Mother
InLI
Date
9-3 -9J9
Dace
4JAM&K
AND NOW, this _q± day of _&..;-,/- /. j , 1999, the above agreement is
entered as an order of Court.
By the Court,
TP.UE COPY FROM RECORD /S1 Grr a L e .4,4-
In Teti'n!ony ;hereof, I h:rc unt:, sat my hand ,J,
and the seal of said Court at pCarlisle, Pa.
This ...../.Q.... day 19.5y.
Q ?'+
Prot onotary
zfl?
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY/VSITATION
JOSEPH A. ABADY
,
Defendant : NO. 99-5408 CIVIL TERM
c: i? c7
ACCI?.PTANCE OF SERVICE ' ,,
I atxept mvioe of the Cady Complaint.
zF• r .r. d? 4?
A
Date: September ' .3 w , s?{
Exhibit D
JUL 18 28%lb?)
PENNY L. ABADY,
Plaintiff
JOSEPH A. ABADY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
NO. 99-5408 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this ?? day of July, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
1. A hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse
on the 13 *1 day of A0 C h A to , 2000, at k 3 D
g.M. at which time testimony will be taken in the above case. At this hearing, the
Father shall be the moving party and shall proceed initially with testimony. Counsel
for the parties shall file with the Court and opposing counsel a memorandum setting
forth the history of custody in this case, the issues currently before the Court, a
summary of each parties position on those issues, a list of witnesses who will be'
called to testify and a summary of the anticipated testimony of each witness. This
memorandum shall be filed at least 5 days prior to the mentioned hearing date.
2. Pending further order of this Court, this Court's prior order of February 2000 shall
remain in effect such that Father shall continue to have custody on alternating
weekends. Father's custody shall not be overnight. Additionally, Father's custody
is contingent upon the requirement that Father is always with the child and Father's
girlfriend and her siblings shall not care for the minor child alone nor shall they be
involved in discipline of the minor child.
3. In the event Mother desires to have a psychological evaluation done for the parties,
Mother may petition the Court prior to the hearing to determine if the Court will
direct the Father to participate in a financial contribution to accomplish that
evaluation. In the alternative, if Mother is willing to incur the expense with respect
to a psychological evaluation, Father must cooperate in that evaluation and also
ensure that his girlfriend who lives with him becomes involved in that evaluation if
requested by the evaluator.
BY
E. Guido
cc: Dirk E. Berry, Esquire
Thomas S. Diehl, Esquire
.A.40 w46 ;rd'
i 101S 11L
TRUE COPY FROM RECORD
to Testimony whereof, I here unto set my hand
and the seal of said Co rt at CarWle, pa.
Th' da
Prothonotary
__. ., ... _..-..ate ?-..,?_w.... -?•M
l /
PENNY L. ABADY. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION- LAW
JOSEPH A. ABADY. NO. 99-5408 CIVIL
Defendant IN CUSTODY
Prior Judge: Edward E. Guido
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:
The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Desiray A. Welch, born November 19, 1992.
2. A Conciliation Conference was held on July 13, 2000, with the following individuals in
attendance:
The Mother, Penny L. Abady, with her counsel, Dirk E. Berry, Esquire; and the Father,
Joseph A. Abady, with his counsel, Thomas S. Diehl, Esquire.
3. The parties were before the Conciliator in February of this year. Prior to that time, Father
had not seen the child for a number of years. The parties worked out a temporary agreement
in February whereby the Father would have alternating weekends subject to the Father
proceeding with getting some counseling relating to his relationship and his girlfriends
relationship with the minor child. The visitation has continued. However, the counseling
was not accomplished for reasons which appear to be in dispute.
4. Over the past few months, the Father has not been exercising overnight visitation with the
minor child. He is content to leave that in place pending a permanent order. The Mother
still desires to have an evaluation. However. the Father will not incur any expense for the
evaluation. Mother may be willing to withdraw her request for an evaluation as long as the
Father abides by her specific requests to ensure that he is always present when the girlfriend
is with the child and that the girlfriend does not make any negative remarks to the child or
assume any role of disciplinarian.
The Conciliator recommends the entry of an order in the form as attached.
c Gb
DA Hubert X. Gilroy, Esquire
Custody Conciliator
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintifl7Respondent CUMBERLAND COUN'T'Y, PENNSYLVANIA
V. CIVIL ACTION - CUSTODY
NO. 99-5408 CIVIL TERM
JOSEPH A. ABADY,
Defendant/Petitioner IN CUSTODY
ORDER OF COURT
AND NOW, this day of
_ 1999, upon presentation
and consideration of the attached Petition, it is hereby directed that the parties and their
respective counsel appear before
Esquire, the
conciliator, at, Cumberland County,
Pennsylvania on the day of
at
.m., for aPre-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. Either party may bring the
child(REN) who is subject to this custody action to the conference, but the child/children's
attendance is not mandatory.
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
NAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET' FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
? Liberty Avenue
Carlisle, PA 17013
(717)349-3166
Failure to appear at the conference may provide grounds for entry
AMERICANS WITH DISABILITIES ACT OF 1990
The Court Of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations availabie 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.
PENNY L. ABADY,
Plaintiff7Respondent
V.
JOSEPH A. ABADY,
Dcfendant/Petitioner
IN THE COURTOF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. 99-5408 CIVIL TERM
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
I. The Petitioner is the above-named Defendant, Joseph A. Abady, an adult
individual currently residing at 3824 Mt. View Road, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. The Respondent is the above-named Plaintiff, Penny L. Abady, an adult
individual currently residing at 59 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania
17013.
3. The parties are the natural parents of the child Desiray A. Welch, bom November
19, 1992. The child was bom out of wedlock.
4. The parties are currently subject to a Custody Order dated September 9, 1999,
which was the result of a Custody Agreement. A copy of the resulting Order and Agreement are
attached hereto and incorporated herein by reference as Exhibit "A."
5. There have been no additional actions relative to custody of the within named
child in anyjurisdiction to the Petitioner's knowledge.
6. Since the entry of the Court's Order of September 9, 1999, the child has primarily
resided with the Respondent.
T Paragraph 4 of the Court's Order of September 9, 1999 reads, "Father shall have
liberal visitation with the child at Mother's re.crdeare us die purees shu// urrunge unct inu uu//r
a.WVC, upon (emphasis added)." From the onset of this arrangement, the Mother has routinely
refused to agree to periods of visitation.
8. Paragraph 5 of the Order reads, "At times when both parties agree that it is
appropriate, Father shall have periods of overnight partial physical custody of the childJrwn iime
to tune as die parties sltall ahrrtually agree upon and arrange (emphasis added)." From the onset
of this Agreement, the Mother has routinely refused to agree to overnight contact. Currently the
Father is not exercised any periods of ovemight custody of the child.
9. The parties' existing Agreement appears internally inconsistent, and therefore has
caused confusion regarding the parties' rights and responsibilities.
10. Paragraph 4 of the Agreement indicates that Father's visitation should take place
at Mother's residence, however, Paragraph 5 indicates that Father shall have periods of ovemight
contact with the child.
It. Father was not represented by counsel at the time the Agreement was drawn up
nor when it became an Order of the Court on September 9, 1999.
12. 'fhe existing Order has proven to be impracticable and biased. In order for Father
to exercise any visitation, the Order necessitates the Mother's agreement, which has heretofore
been withheld.
13. The natural mother of the child is Penny L. Abady. She is married.
14. The natural father of the child is Joe A. Abady. He is married.
15. The relationship of the Petitioner to the child is that of natural father. The natural
father currently resides alone.
16. The relationship of' the Respondent to the child is that of natural mother. The
natural mother currentiv resides alone with the child.
17. The Petitioner has not participated as a party or a witness in any other capacity in
litigation concerning the child.
IE. Petitioner has no information of any custody proceeding concerning the child
pending in any Court of this Commonwealth.
19. The best interest of the child will be provided by modifying the existing Custody
Order for following reasons:
(a) Mother's non-cooperation has made the existing Order unmanageable;
(b) In order for Father to foster a healthy relationship with the child, he must be
expressly permitted to have unfettered contact with the child outside the presence of the
Mother's home; and
(c) Working towards a standard, alternating weekend schedule would afford the
parties and the child a more consistent and predictable schedule to facilitate planning
activities with the child.
20. Petitioner does not know of any person not a party to these proceedings who
claims to have custody or visitation rights with respect to the chi Id.
WHEREFORE, Petitioner requests your Honorable Coon to grant his request to enter an
Order scheduling a Custody Conciliation regarding the custody modification.
Respectfully subMiLtted-
Attorney for Defendant/Petitioner
401 East Louther Street, Suite 103
Carlisle, Pennsylvania 17013
(717) 240-0833
H XHIBI P A
,,. I
PENNY L. ABADY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOSEPH A. ABADY,
Defendant
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
NO. 99- 5908
CIVIL. TERM
CUSTODY AGREEMENT
The parents, Penny L. Abady (Mother) and Joseph A. Abady (Father), enter the
following agreement with regard to custody of their minor child, Desiray Welch:
1. The parties are the natural parents of a minor child, Desiray Welch, who was
i
born on November 19, 1992.
2. The parties shall share legal custody.
3. Mother shall have physical custody of the child.
4. Father shall have liberal visitation with the child at Mother's residence as the
parties shall arrange and mutually agree upon.
5. At a time when both parties agree that it is appropriate, Father shall have periods of
overnight partial physical custody of the child from time to time as the parties shall mutually
agree upon and arrange.
6. The parents may agree to make temporary verbal changes to this written
agreement; however, in the event that they can no longer agree about temporary changes, this
written agreement will again control.
7. Father is not represented by counsel. Father understands that the Family Law
Clinic only represents Mother in this proceeding. Father has received no legal advice from the
9 1.9yy .?
Family Law Clinic other than u, seek his own legal counsel, which lie has chosen not to do.
As evidenced by their signatures below, the parties do hereby intend to be
bound by the terms of this Agreement, and this Agreement shall become an order of the Court.
Date Penny L. Abady, Mother I
L(
dum
D
ate Cindy A. qlieridan, Certified Legal Intern
for Pettily U. Abady, Mother
Date Robert E. Rains, Supervising Attorney
for Penny L. Abady, Mother
Date osepli A. Ab y, Father
ORDER
AND NOW, this day of ' 1999, the above agreement is
entered as an order of Court.
By the Court,
Tn1IF..,CrP..rtFR%;1 f ECOPDiand J.
In y
and iir- •-J u 5aicl Cuurl at Carlislo, Pa.
p ?.., 19.?L1
This /0,.r._ ttday of
..........NJ fkr4¢.....Q..,. a .'T1011.?............_...
0134. Prot wnotary
PENNY L. ABADY,
Plaintiff
V.
JOSEPH A. ABADY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
NO. 99-5408 CIVIL TERM
ACCEPTANCE OF SERVICE
I accept service of the Custody Complaint.
Toseph A: Abady
3615 Locust Lane
Mechanicsburg, Pennsylvania 17055
Date: September 3 , 1999
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - CUSTODY
NO. 99-5408 CIVIL't'ERM
JOSEPH A. ABADY,
Defendant/Petitioner IN CUSTODY
VERIFICATION
1 verify that the statements made in this Petition are true and correct. 1 understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to
unswom falsification to authorities.
c?cc? t / it
SOSEPH"A. ABADY,
Defendant/Petitioner
Exhibit C
FEB 15 2000 yt
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOSEPH A. ABADY, NO. 99-5408 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this I day of Febrmy, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
The Mother, Penny L. Abady, and the Father, Joseph A. Abady, shall enjoy shared
legal custody of Desray A. Welch, bom November 19, 1992.
2. The Mother shall enjoy primary physical custody of the minor child.
3. The Father shall enjoy temporary physical custody of the minor child on alternating
weekends from Friday after Father's work until Sunday at 6:00 p.m. Father's
periods of temporary custody are subject to the following'conditions:
A. In the event Father is working through Friday evening, his custody of
the child will not start until he is off of work on Saturday.
B. During Father's periods of temporary custody, the minor child shall
not be in the company of Father's girlfriend or girlfriend's children.
This provision is subject to the clarification set forth below in this
order.
C. During Father's periods of temporary custody and in the event the
Father is not with the child, only Father's parents may provide care
for the child. Otherwise, Father shall always be with the child.
4. In the event Mother desires to continue with a limitation on Father's girlfriend's
ability to be in the presence of the child, Mother through her counsel shall make
arrangements to have Father, Mother and the minor child and, if necessary, Father's
girlfriend, involved in a counseling session. This counseling shall be done by a
mutually agreed upon counseling agency which shall not be the counselor who has
already interviewed the child and the Mother but did not include the Father in the
initial counseling or evaluation session. Costs of any counseling or evaluation shall
be shared equally between the parties. The purpose of this counseling is to determine
whether there should be a restriction on future custody relative to the minor child
being in the presence of the Father's girlfriend.
5. This is a temporary order entered pursuant to an agreement reached by the parties at
a Custody Conciliation Conference. The parties shall meet again for another
Custody Conciliation Conference at the Cumberland County Courthouse on
Thursday, May 11, 2000 at 8:30 am. At that Conciliation Conference and in the
event there is sufficient information to show that Father has diligently followed
through on the custody arrangements and there is a lack of any information
suggesting that the Father's girlfriend is having an adverse impact on the chu7d,
Father's periods of temporary custody shall be continued absent the restriction of the
girlfriend. However, it is anticipated that Father will diligently pursue the custody
schedule that is set fotth and that Father will a8immatively cooperate in the
scheduling of any counseling sessions.
6. For the initial periods of custody, Father shall handle all transportation. However,
after the first three (3) mol and after the parties meet for soother Custody
Conciliation Conference, the Court will consider Father's request for dht+rad
transportation.
7. Both parhea shtrpadyrtte, the o?La.paty of a phogeamUr which they
" ` !
reached. d'' .
However, soorct the a at wnrlt
emergency _ ptthe' chid.:. '
BY THE
hY Y.?Y r7a. .Ik I',li??. fi t
a 1.
f.
Edward E. Guido
w: Thomas S. Diehl, Esquire
Dirk E. Berry, Esquire
TRUE COPY FROM RE: ^RD
In Testimony wh:rao`, I h.re unto set my hater
and the seal of said Court at CCa?rlliisllf,, Pa. 00
Thi .....r?....... ay of..l... ""..,
? -onote
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : CIVIL ACTION - LAW
JOSEPH A. ABADY, : NO. 99-5408 CIVIL
Defendant : IN CUSTODY
Prior Judge: Edward E. Guido
CONCEU[AnON CONFE FNCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-5(b), the undersigned Custody Conciliator submits the following report:
1. The patinmt information Pertaining to the child who is the subject of this litigation is as
follows:
Desimy A.. Welch, born November 19,1992. N
2. A CCL1nCilietlllp
Coolim m vw4 ¢dd on Febnmy 11, 2000, ,O h the
at0endaoce• 't'
The'
3. The parties agree to the e
00
DA
-al I
ofd temporary order in'the form as atta
k?- RA k
Hubert X. Gilroy, wire
Custody Conciliate
T .?1,. .. •N
Exhibit D
r
JUL 18 2=b?)
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOSEPH A. ABADY, NO. 99-5408 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this It day of July, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
I. A hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse
on the /3 *1 day of Q C,&j A/? , 2000, at 8.3 D
g.M. at which time testimony will be taken in the above case. At this hearing, the
Father shall be the moving patty and shall proceed initially with testimony. Counsel
for the parties shall file with the Court and opposing counsel a memorandum setting
forth the history of custody in this case, the issues currently before the Court, a
summary of each parties position on those issues, a list of witnesses who will be'
called to testify and a summary of the anticipated testimony of each witness. This
memorandum shall be filed at least 5 days prior to the mentioned hearing date.
2. Pending further order of this Court, this Court's prior order of February 2000 shall
remain in effect such that Father shall continue to have custody on alternating
weekends. Father's custody shall not be overnight. Additionally, Father's custody
is contingent upon the requirement that Father is always with the child and Father's
girlfriend and her siblings shall not care for the minor child alone nor shall they be
involved in discipline of the minor child.
3. In the event Mother desires to have a psychological evaluation done for the parties,
Mother may petition the Court prior to the hearing to determine if the Court will
direct the Father to participate in a financial contribution to accomplish that
evaluation. In the alternative, if Mother is willing to incur the expense with respect
to a psychological evaluation, Father must cooperate in that evaluation and also
ensure that his girlfriend who lives with him becomes involved in that evaluation if
requested by the evaluator.
BY TH OURT,
J.
Edward E. Guido
cc: Dirk E. Berry, Esquire
Thomas S. Diehl, Esquire
A. -.A?Ejw
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and the seal of said C rt at CarOW, Pa.
Th da 4?&Id
Prothono6r ,
li
PENNY L. ABADY.
Plaintiff
JOSEPH A. ABADY.
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAS'
NO. 99-5408 CIVIL
M CUSTODY
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:
The pertinent information, pertaining to the child who is the subject of this litigation is as
follows:
Desiray A. Welch, bom November 19, 1992.
2. A Conciliation Conference was held on July 13, 2000, with the following individuals in
attendance:
The Mother, Penny L. Abady, with her counsel, Dirk E. Berry, Esquire; and the Father,
Joseph A. Abady, with his counsel, Thomas S. Diehl, Esquire.
3. The parties were before the Conciliator in February of this year. Prior to that time, Father
had not seen the child for a number of years. The parties worked out a temporary agreement
in February whereby the Father would have alternating weekends subject to the Father
proceeding with getting some counseling relating to his relationship and his girlfriends
relationship with the minor child. The visitation has continued. However, the counseling
was not accomplished for reasons which appear to be in dispute.
4. Over the past few months, the Father has not been exercising overnight visitation with the
minor child. He is content to leave that in place pending a permanent order. The Mother
still desires to have an evaluation. However, the Father will not incur any expense for the
evaluation. Mother may be willing to withdraw her request for an evaluation as long as the
Father abides by her specific requests to ensure that he is always present when the girlfriend
is with the child and that the girlfriend does not make any negative remarks to the child or
assume any role of disciplinarian.
0 Is
J
E
5• The Conciliator recommends the entry of an order in the form as attached.
c ?b
DA Hubert X. Gilroy, Esquire
Custody Conciliator
I hereby certify this I I°i day of October, 2000, that a true and correct copy of the
foregoing document was served on the following individual at the below listed address by Fax;
Dirk E. Berry, Esq.
7 Irvine Row
Carlisle, PA 17013
Fax(717)240-0066
Thomas S. Diehl
Counsel for the Defendant
1 West High Street
Suite 208
P.O. Box 1290
Carlisle, Pennsylvania 17013
(717) 240-0833
PENNY L. ABADY IN 'H IE C'OURT OF COMMON PLEAS 01:
PLAINTIFF CUMI3ERLAND C'OUN,rY, PI:NNSYLVANIA
V.
JOSEPH A. ABADY
99-5498 CIVIL A('rION LAW
DEFENDANT IN CUSTODY
ORDER OF COURT
it is hereby directed that parties and their respective counsel appear before
Hubert X. Gilroy, Esq.
at 4th Floor, Cumberland Coun_ Courthouse, Carlisle_ on Friday. March 24, 2006 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an ellixl 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: -/s/ _-Hubert X roy - Custody Conciliator
The Court of C'ommnon Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For infommtion about accessible facilities ant 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 belbre 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, GOT O OR 'I FLEPIiONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN CET LEGAL HELP.
Cumberland Count) liar Association
32 South Bedlord Street
Carlisle, Pennsylvania 17013
Telephone 171712.19-3166
AND NOW, Thursday, February 16.2006_ _ ,upon consideration of the attached Complaint,
the conciliator,
I,i.ri
7P"'; FED 16 r,: , I I U 3
CU';
PENNY L. ABADY,
Plaintiff/Respondent
V.
JOSEPH A. ABADY,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
NO. 99-5408 CIVIL
IN CUSTODY
ORDER
FOR THE COURT,
By:
Custody Conciliator
LAW OFFICES
SSNEL13AKER &
BRENNEMAN, P.C.
AND NOW, this day of , 2006, upon consideration of the
attached petition, it is hereby directed that the parties and their respective counsel appear before
_, Esquire, the conciliator, at
-- Pennsylvania, on the day of 2006,
at o'clock _ M. for aPre-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 of Common Pleas of Cumberland County is required by law to comply with the
Americans 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.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
PENNY L. ABADY,
Plaintiff/Respondent
V.
JOSEPH A. ABADY,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
NO. 99-5408 CIVIL
IN CUSTODY
DEFENDANT'S PETITION FOR CONTEMPT AND
TO ENFORCE CUSTODY ORDER
Defendant Joseph Abady, by his attorneys, Snelbaker & Brenneman, P. C., files this
Petition For Contempt and To Enforce Custody Order and in support thereof states the following:
1. Petitioner herein is Joseph A. Abady, an adult individual residing at 6315 Locust
Lane, Mechanicsburg, PA 17055.
2. Respondent herein is Penny L. Abady, formerly Penny L. Welch, and now know as
Penny Sorensen, an adult individual residing at 65 Gasoline Alley, Carlisle, PA 17013.
3. The parties hereto are the natural parents of Desiray A. Welch, born November 19,
1992.
4. Physical custody of the parties' daughter, Desiray A. Welch is governed by an Order
of Court dated October 13, 2000 as modified by an Order of Court dated April 23, 2002. Copies
of the foregoing Orders of Court dated October 13, 2000 and April 23, 2002 are attached hereto
and incorporated by reference herein as "Exhibit A" and "Exhibit B", respectively,
5. Commencing in October 2002 and continuing thereafter, Respondent has intentionally
and continuously interfered and thwarted all efforts by the Petitioner to have communication
with and custody of Desiray A. Welch. Respondent's efforts in cloying Petitioner's custody
LAW OFFICES
SNELBAKER & rights have included, but have not been limited to, continuously failing to allow communication
BRENNEMAN. P.C.
between Petitioner and his daughter and calling the police on numerous occasions without
justification.
6. Respondent has made numerous efforts to ensure that Petitioner has no
communication with, contact with or custody of his daughter.
7. Respondent's efforts in interfering with Petitioner's rights of custody under the Court
Orders identified above have been intentional and malicious and contrary to the best interests of
the parties' daughter.
WHEREFORE, Petitioner requests this Court to:
A. hold Respondent in contempt due to her willful violations of the
Custody Orders;
B. award Petitioner all costs and attorney's fees incurred with respect
to the filing and hearing of this Petition;
C. order and direct Respondent to abide by the terms of the parties'
Custody Orders and not to interfere with communication between
Petitioner and the parties' daughter; and
D. order and direct such further and other relief as this Court in its
discretion deems just and appropriate.
SNELBAKER & BRENNEMAN, P. C.
LAW OFFICES
SNELBAKER & Date: February 10, 2006
BRENNEMAN. RC, 11
BY: Imo--,
Keith 0. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Petitioner Joseph A. Abady
-2-
VERIFICATION
I verify that the statements made in the foregoing Petition 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 unswom falsification to authorities.
a ?
40cph . Abady
Date: February 10, 2006
LAW OFFICES
SNELBAKER &
BRENNEMAN. P.C.
Page 1 of 1
MNY L. ABU?, , rM TM COMr OF COMMON PING OF
Plaintiff : CMBMLAMD COWIT9, PMBYLVAWIA
t
V, : CIVIL ACTION . 9UP9ORT
JOUPH A, ARAM, : DOPMSUC A81ATIOO! ABC27:0M
t
Defendant , $0. 99.7109 CIVIL TERM
IN Rft COTOM
AMP MDR, this 11th day of October, 1000, it
is hereby ordered and directed an follows,
1, wother, Penny L. Abady, and the father,
acseph A. Abady, Shall enjoy shared legal ouetcdy of
Dssiray A. we2eh, Born Dovembcr 19, 1992.
2. Mother shall have primary phySioal custody of
the child subject to periods o9 partial phLyeicel Wgtody in
father as follows0
A, Vvery other weekend from Prldmy at 5:20
P.m, until punday at 700 p.m, oommenoing on rriday,
October 39, 2000.
R. The parties shall share every holiday,
which shell include 7'banksgiving, Christmas, Saetar,
Memorial Day, July e, and Labor Day with father having
partial custody of the child Iran 1:00 p.m. on said day
until 7000 p.m. Provided however, that if father is
working during maid periods, there shall be no visitation.
C. UP to two weals each summer to
correspond with fatber's vacation schedule. Pother shall
EXHIBIT A
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notify mother by May lot of each year ¦s to shich two weeks
he intends to exercise this partial custody,
D, Notwithstanding the other terms of this
order, father aha11 have partial custody with the child on
Pathd" Day from 10100 ¦, m. until e10t P.m. Purthtrftre,
it Mother's Day falls on father's normal visitation
achedule, he shall return the child by Pico a.m, an
Mother's Day rather than 7130 P.M.
At all times during father's period of partial
custody he shall be with the child unless an emergency
situation arises or unless the child is aleeping.
3. Tether shall pick the child up for all
periods of partial custody at the maternal grandmothave
hams within fifteen minutes of the scheduled time. if
father is wore than fifteen minutes late, he is obligated
to advise the maternal grandmother that he is going to be
late.
4. Father shall cooperate in the counseling that
the child is ourrantly undergoing with Pennsylvania
Counseling Dervicoa. The parties shall equally split the
costa of the counseling from this day forward.
xn the event Of a custody dieputa in the futuss,
the parties agree that the counselor from Pennsylvania
OcUnseling gervicae would be precluded from testifying in
any such proceeding- In the avant that profeeeional
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douaselors ere needed to testily, m independent ereluetion
wi17 be obtained and split equally betWeen the parties.
6. This must shell Mein jurisdiction in this
matter.
By the wur
Edward A. Guido, 0.
Disk R. Berry, Require
Tor tha Plaintiff
Thomas It, Diehl, 8aquirs /0.9.00.
ror the Defeadant 4A»"
ilfh
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Ak?t taw
PRMdY I. WRLCH, IN 77M COURT OF COMMON PLEAC OF
Plalndff 1 CUMBILW AND COUNTY, PBMf1YLVANIA
r 1 CIVILAC170M-LAW
J0SRPHA.ADADY, a NO."-0101 CIVIL
Odmdut t INCUSMDY
COURT ORDSS
AND NOW, ft hSA doy of ApfO, 20071 upon emddcmftn of the at zeW autady
C010(111 *11 Report, le L mduld and dlmled that ffdt murYh mdr of Oc bW 13. 7000
dull runtil in 07octSobj4N to Use fdlowlag modldcaduat
1. Wbm Gm partly an altatndnl hdldgp Permant to Pa Mmpb 7.1) of Ilia
October U, 2010 Order, the paevd who doff not bwa the cWU for that
u'uhaad alu0 have do bdldq dms has 1100 pm. uadl 7100 p.m. 714
Parent who hu d» ChU At du weekald duU m{Ioy the kWgq timf la d4
heQtnahr f of tha day on the day afthe habday.
as
?abreJ. Mulderli P+11u4e
Ao t * A. Al"dY
38" Mmnuln Vlow Road
meabukl", PA 17M
HY OOUi
8dward R. OWdo
nOQ{tg ?V??
py ??# a? t R
EXHIBIT B
J.
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CERTIFICATE OF SERVICE
I, KEITH 0. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
caused a true and correct copy of the foregoing Petition to be served upon the persons and in the
manner indicated below:
FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS:
Penny Sorensen
65 Gasoline Alley
Carlisle, PA 17013
Robert J. Mulderig, Esquire
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
SNELBAKER & BRENNEMAN, P.C.
By, AVL,
Keith O. Brenneman, Esquire
44 W. Main Street
P. 0. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Petitioner Joseph A. Abady
Date: February 10, 2006
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
a U-,
U.1
M
;
CyA1U-
-flu
I °
- ? -
rn
aV
C
?LL L
N
PENNY SORENSEN, formerly
PENNY L. ABADY
Plaintiff
V.
JOSEPH A. ABADY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 99-5408
WITHDRAWAL AND ENTRY OF APPEARANCE
TO THE PROTHONOTARY OF SAID COURT:
PLEASE withdraw my appearance as attorney of record for the Petitioner, Penny
Sorensen, at the above captioned docket.
Resp ct Ily s bra
Dated:
n Tiro, sq.
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
PLEASE enter my appearance as attorney of record on behalf of the Petitioner, Penny
Sorensen, at the above captioned docket.
Resplctful submitted by:
Ceerttified egal tntem
X
THO .PLACE
ROBER E. RAINS
LUCY JOHNSTON-WALSH
ANNE MACDONALD-FOX
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
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PENNY L. ABADY,
Plaintiff
RECEIVED
MA 8 g YUU6
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5408
JOSEPH A. ABADY,
Defendant
: IN CUSTODY
COURT ORDER
CIVIL ACTION - LAW
AND NOW, this -3 ?Iay of March, 2006, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. The petition of Joseph A. Abady for enforcement of the existing Custody Order
and to hold the Mother in contempt for violation of the existing Custody Order is
held in abeyance pending resolution of the Petition for Termination of Parental
Rights filed by the Mother at Docket No. 117-Adoptions-2005.
2. Upon a resolution of the petition to terminate the Father's parental rights and in
the event Father's parental rights are not terminated, legal counsel for the parties
may contact the custody Conciliator directly to schedule another conference at
which time the Conciliator is authorized to attempt to implement a satisfactory
Order in this case.
BY,T'3fE COURT,
Edward E. Guido, Judge
Cc: sic ith Brenneman, Esquire
s. Katie O'Connor
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ORLEUOF THE, P =" fi '^ :OTF qY
iPOliE°i; -3 i ; 17
PENNY L. ABADY,
Plaintiff
JOSEPH A. ABADY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-5408 CIVIL ACTION - LAW
: IN CUSTODY
Prior Judge: The Honorable Edward E. Guido
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:
1. The pertinent information pertaining to the child who is the subject of this litigation is
as follows:
Desiray Ann Welch, born November 19,1992
2. A Conciliation Conference was held on March 24, 2006 with the following individuals
in attendance:
The Mother, Penny L. Sorensen, with her student attorney Katie O'Connor of the
Dickinson School of Law Family Law Clinic
The Father, Joseph A. Abady, with his counsel, Keith Brenneman, Esquire
3. There is an Order from 2000 and 2002 giving Father certain periods of temporary
custody with the minor c hild. Father has not seen the child since 2002. In conjunction
with an adoption petition filed by Mother's current husband, there is a parental rights
termination hearing scheduled for April 10, 2006 Sefore Judge Oler whereby the
Mother is attempting to terminate the Father's rights.
4. After the filing of the Petition for Termination of Parental Rights, Father fled a
petition for contempt and seeking to enforce the existing Custody Order. In light of
the fact that the Father has not seen the child for a number of years and there is a
pending hearing on termination of his parental rights, the Conciliator suggests that no
action be taken at this time and recommends an Order in the form as attached.
Date: March 2, 2006 o
Hubert X ilroy, Esquire
Custody Conciliator
J' ax/
SEp .. 9 199g1?
V
PENNY L. ABADY,
Plaintiff
V.
JOSEPH A. ABADY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY/VISITATION
NO. 99- 5408
CUSTODY AGREEMENT
CIVIL. TERM
The parents, Penny L. Abady (Mother) and Joseph A. Abady (Father), enter the
following agreement with regard to custody of their minor child, Desiray Welch:
1. The parties are the natural parents of a minor child, Desiray Welch, who was
born on November 19, 1992.
2. The parties shall share legal custody.
3. Mother shall have physical custody of the child.
4. Father shall have liberal visitation with the child at Mother's residence as the
parties shall arrange and mutually agree upon.
5. At a time when both parties agree that it is appropriate, Father shall have periods of
overnight partial physical custody of the child from time to time as the parties shall mutually
agree upon and arrange.
6. The parents may agree to make temporary verbal changes to this written
agreement; however, in the event that they can no longer agree about temporary changes, this
written agreement will again control.
7. Father is not represented by counsel. Father understands that the Family Law
Clinic only represents Mother in this proceeding. Father has received no legal advice from the
Family Law Clinic other than to seek his own legal counsel, which he has chosen not to do.
8. As evidenced by their signatures below, the parties do hereby intend to be
bound by the terms of this Agreement, and this Agreement shall become an order of the Court.
-,'? -9
Date Penny L. Abady, Mother
4-Mq C'un Q. 1'-40fl1&Y0
Date Cindy A. eridan, Certified Legal Intern
//yy for Penny . Abady, Mother
Date Robert E. ins, /upeF
rvising Attorney
for Penny L. Abady, Mother
9-1 -9?
Date Aloseph A. Ab y, Father
ORDER
AND NOW, this (A day of Sk? , 1999, the above agreement is
entered as an order of Court.
By the Cou ,
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PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN CUSTODY/VISITATION
JOSEPH A. ABADY,
Defendant : NO. 99-5408 CIVIL TERM
ACCEPTANCE OF SERVICE
I accept service of the Custody Complaint.
oseph A. Abady
3615 Locust Lane
Mechanicsburg, Pennsylvania 17055
Date: September 3 1999
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -CUSTODY
NO. 99-5408 CIVIL TERM
JOSEPH A. ABADY,
Defendant/Petitioner IN CUSTODY
ORDER OF COURT
AND NOW, this day of YY1Ua" -4-999, upon presentation
and consideration of the attached Petition, it is hereby directed that the parties and their
respective counsel appear before Esquire, the
conciliator, at, -*, CLIVt?C91v UAJ \??J(e Cumberland County,
Pennsylvania on the day of O , at q,_,2?)_
(.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. Either party may bring the
child(REN) who is subject to this custody action to the conference, but the child/children's
attendance is not mandatory. Failure to appear at the conference may provide grounds for entry
of a temporary or permanent Order.
FOR THE COURT:
By: N?9QTCx7t x 86r .
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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
19--?
t1l (:y $? 7 /7-~
AMERICANS WITH DISABILITIES ACT OF 1990
The Court Of Common Pleas of Cumberland County is required by law to comply with
the Americans 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.
PENNY L. ABADY,
Plaintiff/Respondent
V.
JOSEPH A. ABADY,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
NO. 99-5408 CIVIL TERM
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
1. The Petitioner is the above-named Defendant, Joseph A. Abady, an adult
individual currently residing at 3824 Mt. View Road, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. The Respondent is the above-named Plaintiff, Penny L. Abady, an adult
individual currently residing at 59 Gasoline Alley, Carlisle, Cumberland County, Pennsylvania
17013.
3. The parties are the natural parents of the child Desiray A. Welch, born November
19, 1992. The child was born out of wedlock.
4. The parties are currently subject to a Custody Order dated September 9, 1999,
which was the result of a Custody Agreement. A copy of the resulting Order and Agreement are
attached hereto and incorporated herein by reference as Exhibit "A."
5. There have been no additional actions relative to custody of the within named
child in any jurisdiction to the Petitioner's knowledge.
6. Since the entry of the Court's Order of September 9, 1999, the child has primarily
resided with the Respondent.
7. Paragraph 4 of the Court's Order of September 9, 1999 reads, "Father shall have
liberal visitation with the child at Mother's residence as the parties shall arrange and mutually
agree upon (emphasis added)." From the onset of this arrangement, the Mother has routinely
refused to agree to periods of visitation.
8. Paragraph 5 of the Order reads, "At times when both parties agree that it is
appropriate, Father shall have periods of overnight partial physical custody of the child from time
to time as the parties shall mutually agree upon and arrange (emphasis added)." From the onset
of this Agreement, the Mother has routinely refused to agree to overnight contact. Currently the
Father is not exercised any periods of overnight custody of the child.
9. The parties' existing Agreement appears internally inconsistent, and therefore has
caused confusion regarding the parties' rights and responsibilities.
10. Paragraph 4 of the Agreement indicates that Father's visitation should take place
at Mother's residence, however, Paragraph 5 indicates that Father shall have periods of overnight
contact with the child.
11. Father was not represented by counsel at the time the Agreement was drawn up
nor when it became an Order of the Court on September 9, 1999.
12. The existing Order has proven to be impracticable and biased. In order for Father
to exercise any visitation, the Order necessitates the Mother's agreement, which has heretofore
been withheld.
13. The natural mother of the child is Penny L. Abady. She is married.
14. The natural father of the child is Joe A. Abady. He is married.
15. The relationship of the Petitioner to the child is that of natural father. The natural
father currently resides alone.
16. The relationship of the Respondent to the child is that of natural mother. The
natural mother currently resides alone with the child.
17. The Petitioner has not participated as a party or a witness in any other capacity in
litigation concerning the child.
18. Petitioner has no information of any custody proceeding concerning the child
pending in any Court of this Commonwealth.
19. The best interest of the child will be provided by modifying the existing Custody
Order for following reasons:
(a) Mother's non-cooperation has made the existing Order unmanageable;
(b) In order for Father to foster a healthy relationship with the child, he must be
expressly permitted to have unfettered contact with the child outside the presence of the
Mother's home; and
(c) Working towards a standard, alternating weekend schedule would afford the
parties and the child a more consistent and predictable schedule to facilitate planning
activities with the child.
20. Petitioner does not know of any person not a party to these proceedings who
claims to have custody or visitation rights with respect to the child.
WHEREFORE, Petitioner requests your Honorable Court to grant his request to enter an
Order scheduling a Custody Conciliation regarding the custody modification.
:Thomas a,quire
Attorney for Defendant/Petitioner
401 East Louther Street, Suite 103
Carlisle, Pennsylvania 17013
(717) 240-0833
EXHIBTT A
8. As evidenced by their signatures below, the parties do hereby intend to be
bound by the terms of this Agreement, and this Agreement shall become an order of the Court.
Date Penny L. Abady, Mother
Date Cindy A. eridan, Certified Legal Intern
for Penny . Abady, Mother
Date WEains, upervising Attorney
for Penny L. Abady, Mother
4-? 99 y
Date Joseph A. Abady, Father
ORDER
AND NOW, this q7A day ofr.c?.v , 1999, the above agreement is
entered as an order of Court.
By the Court,
Tt'l,lF C??PIr FR??!A P.ECORD /s/ C?wu4L ?`. -
In Tcai';nom, :4r rsof, I h:rc unto -it my hand J.
and the se-,l of said Court at Carlisle, Pa.
p 19..x/.!.
This ...../Q......... day of... e9t .
rAkkwQi..... Prothonotary
PENNY L. ABADY,
Plaintiff
V.
JOSEPH A. ABADY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODYIVISITATION
NO. 99-5408 CIVIL TERM
ACCEPTANCE OF SERVICE
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I accept service of the Custody Complaint.
1 w?<<
osepdyC
3615 Locust Lane
Mechanicsburg, Pennsylvania 17055
Date: September 2 , 1999
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -CUSTODY
NO. 99-5408 CIVIL TERM
JOSEPH A. ABADY,
Defendant/Petitioner : IN CUSTODY
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to
unworn falsification to authorities.
OSJ EPI-A. ABADY,
Defendant/Petitioner
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FEB 1 5 2000
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v : CIVIL ACTION - LAW
JOSEPH A. ABADY, : NO. 99-5408 CIVIL
Defendant : IN CUSTODY
COURT ORDER
AND NOW, this i*_q- day of FtAebpAar , 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
The Mother, Penny L. Abady, and the Father, Joseph A. Abady, shall enjoy shared
legal custody of Desiray A. Welch, born November 19, 1992.
2. The Mother shall enjoy primary physical custody of the minor child.
3. The Father shall enjoy temporary physical custody of the minor child on alternating
weekends from Friday after Father's work until Sunday at 6:00 p.m. Father's
periods of temporary custody are subject to the following conditions:
A. In the event Father is working through Friday evening, his custody of
the child will not start until he is off of work on Saturday.
B. During Father's periods of temporary custody, the minor child shall
not be in the company of Father's girlfriend or girlfriend's children.
This provision is subject to the clarification set forth below in this
order.
C. During Father's periods of temporary custody and in the event the
Father is not with the child, only Father's parents may provide care
for the child. Otherwise, Father shall always be with the child.
4. In the event Mother desires to continue with a limitation on Father's girlfriend's
ability to be in the presence of the child, Mother through her counsel shall make
arrangements to have Father, Mother and the minor child and, if necessary, Father's
girlfriend, involved in a counseling session. This counseling shall be done by a
mutually agreed upon counseling agency which shall not be the counselor who has
already interviewed the child and the Mother but did not include the Father in the
initial counseling or evaluation session. Costs of any counseling or evaluation shall
be shared equally between the parties. The purpose of this counseling is to determine
whether there should be a restriction on future custody relative to the minor child
being in the presence of the Father's girlfriend.
5. This is a temporary order entered pursuant to an agreement reached by the parties at
a Custody Conciliation Conference. The parties shall meet again for another
Custody Conciliation Conference at the Cumberland County Courthouse on
Thursday, May 11, 2000 at 8:30 a.m. At that Conciliation Conference and in the
event there is sufficient information to show that Father has diligently followed
through on the custody arrangements and there is a lack of any information
suggesting that the Father's girlfriend is having an adverse impact on the child,
Father's periods of temporary custody shall be continued absent the restriction of the
girlfriend. However, it is anticipated that Father will diligently pursue the custody
schedule that is set forth and that Father will affirmatively cooperate in the
scheduling of any counseling sessions.
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6. For the initial periods of custody, Father shall handle all transportation. However,
after the first three (3) months and after the parties meet for another Custody
Conciliation Conference, the Court will consider Father's request for shared
transportation.
7. Both parties shall advise the other party of a phone number at which they can be
reached. However, neither parry shall contact the other party at work except for
emergency matters pertaining to the minor child.
BY THE CO
J.
??E Guido
Thomas S. Diehl, Esquire Edward
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Dirk E. Bent', Esquire
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PENNY L. ABADY,
Plaintiff'
v
JOSEPH A. ABADY,
Defendant
Prior Judge: Edward E. Guido
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-5408 CIVIL
IN CUSTODY
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:
1. The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Desiray A. Welch, born November 19, 1992.
2. A Conciliation Conference was held on February 11, 2000, with the following individuals in
attendance:
The Mother, Penny L. Abady, with her counsel, Dirk E. Berry, Esquire; and the Father,
Joseph A. Abady, with his counsel, Thomas S. Diehl, Esquire.
3. The parties agree to the entry of a temporary order in the form as attached.
a/f4oo
DATE
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Hubert X. Gilroy, E uire
Custody Conciliat r
PENNY L. ABADY,
PLAINTIFF
V.
JOSEPH A. ABADY,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 99-5408
PRAECIPE TO WITHDRAW APPEARANCE
To the Prothonotary:
Please note that, pursuant to Pa. R.C.P. 1012, the Family Law Clinic hereby withdraws its
appearance as attorneys for Penny L. Abady, the Plaintiff in the above captioned matter.
hrt1fCD SLegal Intern
ROBERT E. RAINS
THOMAS M. PLACE
Supervising Attorney
DONALD MARRITZ
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968 telephone
717/243-3639 fax
PRAECIPE TO ENTER APPEARANCE
To the Prothonotary:
Please enter the appearance of Dirk E. Berry, Esq. on behalf of Penny L. Abady, the Plaintiff
in the above captioned matter.
/,rk. Berry,
Dated: March 3 , 2000
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-5408 CIVIL TERM
JOSEPH A. ABADY, CIVIL ACTION--LAW
Defendant/Respondent CIVIL CONTEMPT
PETITION FOR CIVIL CONTEMPT
FOR DISOBEDIENCE OF CUSTODY ORDER
The Petition of Penny L. Abady by and through her counsel, Dirk E. Berry,
Esquire, respectfully represents:
1. That on March 1, 2000, the Honorable Edward E. Guido, Judge, entered an
Order awarding Petitioner primary physical custody and providing that Desiray A. Welch,
the minor child in the above captioned action, shall not be in the company of Father's
girlfriend. A true and correct copy of the order is attached to this petition.
2. Respondent willfully failed to abide by the order in that he forced telephone
contact between the minor child, Desiray A. Welch and his girlfriend during the second
weekend of visitation.
WHEREFORE, Petitioner requests that Respondent be held in contempt of Court.
Respectfully submitted,
Law Office of James K. Jones, Esquire
irk E. Berry, Esquire
Attorney for Plaintiff
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
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 Penny L. bady
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-5408 CIVIL TERM
JOSEPH A. ABADY, CIVIL ACTION--LAW
Defendant/Respondent CIVIL CONTEMPT
CERTIFICATE OF SERVICE
I, Dirk E. Berry, Esquire, do hereby certify that on this day the Petition for Civil
Contempt for Disobedience of a Custody Order was served by first class mail, postage pre-paid
upon the following persons:
Thomas S. Diehl, Esquire
Attorney for Defendant/Respondent
401 Louther St., Ste. 103
Carlisle, PA 17013
Date: 3 - a 1- 0 0
Dirk E. Berry, Esquire
Attorney for Plaintiff/Petitioner
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
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?` c A- { : IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
* Joseph IJ , ?bad?( : CIVIL ACTION LAW
Defendant : NO.SLAOZ CIVIL \"19
: CUSTODY VISITATION
ORDER OF COURT
And now, this -01/00, upon consideration of the attached com?pl`aint, it is hereby directed
that the above parties and their respective counsel appear '?b?ue,?fore ``17XA X, ?\\r0--?
Esquire, the conciliator, at-? U k? CCU \?x b-- r? Di \? CA ?c ?3 z5?
Pennsylvania, on the /A"' day of Mhy , 2000, at R`,3o Ag / P.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 the entry of a
temporary or permanent order.
FOR THE COURT:
By: >?l YL4'
Custody Conciliator (j I ?l
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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-5408 CIVIL TERM
JOSEPH A. ABADY, CIVIL ACTION--LAW
Defendant/Respondent CIVIL CONTEMPT
PRARCIPE FOR WITHDRAWA I. OF CIVIL CONTEMPT ACTION
TO THE PROTHONOTARY:
Kindly file this Praecipe in the above captioned matter as a withdrawal of the action for
Civil Contempt therein.
Respectfully submitted,
Law O face of James K. Jones, Esquire
Dirk E. Berry, Esquire
Attorney for Plaintiff/Petitioner
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
PENNY L. ABADY, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 99-5408 CIVIL TERM
JOSEPH A. ABADY, CIVIL ACTION--LAW
Defendant/Respondent CIVIL CONTEMPT
CERTIFICATE OF SERVICE
I, Dirk E. Berry, Esquire, do hereby certify that on this day the Praecipe for Withdrawal of
Civil Contempt Action served by first class mail, postage pre-paid upon the following persons:
Thomas S. Diehl, Esquire
401 Louther St., Ste. 103
Carlisle, PA 17013
Date: x20-00
16irk E. Berry, Esquire
Attorney for Petitioner
7 Irvine Row
Carlisle, PA 17013
(717) 240-0296
PENNY L. ABADY,
Plaintiff
JOSEPH A. ABADY,
Defendant
Prior Judge: Edward E. Guido
CONCILIATION
SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Desiray A. Welch, born November 19, 1992.
2. A Conciliation Conference was held on July 13, 2000, with the following individuals in
attendance:
The Mother, Penny L. Abady, with her counsel, Dirk E. Berry, Esquire; and the Father,
Joseph A. Abady, with his counsel, Thomas S. Diehl, Esquire.
The parties were before the Conciliator in February of this year. Prior to that time, Father
had not seen the child for a number of years. The parties worked out a temporary agreement
in February whereby the Father would have alternating weekends subject to the Father
proceeding with getting some counseling relating to his relationship and his girlfriends
relationship with the minor child. The visitation has continued. However, the counseling
was not accomplished for reasons which appear to be in dispute.
4. Over the past few months, the Father has not been exercising overnight visitation with the
minor child. He is content to leave that in place pending a permanent order. The Mother
still desires to have an evaluation. However, the Father will not incur any expense for the
evaluation. Mother may be willing to withdraw her request for an evaluation as long as the
Father abides by her specific requests to ensure that he is always present when the girlfriend
is with the child and that the girlfriend does not make any negative remarks to the child or
assume any role of disciplinarian.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-5408 CIVIL
IN CUSTODY
5. The Conciliator recommends the entry of an order in the form as attached.
r
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DA 11 Hubert X. Gilroy, Esquire
Custody Conciliator
JUL 18 2
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JOSEPH A. ABADY, NO. 99-5408 CIVIL
Defendant IN CUSTODY
COURT ORDER
AND NOW, this lat day of July, 2000, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
A hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse
on the 13 *4 day of A r AO.A &E , 2000, at 8. 3 ()
A M. at which time testimony will be taken in the above case. At this hearing, the
Father shall be the moving party and shall proceed initially with testimony. Counsel
for the parties shall file with the Court and opposing counsel a memorandum setting
forth the history of custody in this case, the issues currently before the Court, a
summary of each parties position on those issues, a list of witnesses who will be
called to testify and a summary of the anticipated testimony of each witness. This
memorandum shall be filed at least 5 days prior to the mentioned hearing date.
Pending further order of this Court, this Court's prior order of February 2000 shall
remain in effect such that Father shall continue to have custody on alternating
weekends. Father's custody shall not be overnight. Additionally, Father's custody
is contingent upon the requirement that Father is always with the child and Father's
girlfriend and her siblings shall not care for the minor child alone nor shall they be
involved in discipline of the minor child.
3. In the event Mother desires to have a psychological evaluation done for the parties,
Mother may petition the Court prior to the hearing to determine if the Court will
direct the Father to participate in a financial contribution to accomplish that
evaluation. In the alternative, if Mother is willing to incur the expense with respect
to a psychological evaluation, Father must cooperate in that evaluation and also
ensure that his girlfriend who lives with him becomes involved in that evaluation if
requested by the evaluator.
BY T;;c
Edward E. Guido
cc: Dirk E. Berry, Esquire
Thomas S. Diehl, Esquire
Gd atilao
L'r?y cue ?Y tie A? d .2 0D
\-P-
J.
PENNY L. ABADY,
Plaintiff
V,
JOSEPH A. ABADY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - SUPPORT
DOMESTIC RELATIONS SECTION
NO. 99-5408 CIVIL TERM
IN RE: CUSTODY
ORDER OF COURT
AND NOW, this 13th day of October, 2000, it
is hereby ordered and directed as follows:
1. Mother, Penny L. Abady, and the father,
Joseph A. Abady, shall enjoy shared legal custody of
Desiray A. Welch, born November 19, 1992.
2. Mother shall have primary physical custody of
the child subject to periods of partial physical custody in
father as follows:
A. Every other weekend from Friday at 5:30
p.m. until Sunday at 7:30 p.m. commencing on Friday,
October 13, 2000.
B. The parties shall share every holiday,
which shall include Thanksgiving, Christmas, Easter,
Memorial Day, July 4, and Labor Day with father having
partial custody of the child from 1:00 p.m. on said day
until 7:00 p.m. Provided however, that if father is
working during said periods, there shall be no visitation.
C. Up to two weeks each summer to
correspond with father's vacation schedule. Father shall
notify mother by May 1st of each year as to which two weeks
he intends to exercise this partial custody.
D. Notwithstanding the other terms of this
order, father shall have partial custody with the child on
Father's Day from 10:00 a.m. until 8:00 p.m. Furthermore,
if Mother's Day falls on father's normal visitation
schedule, he shall return the child by 9:00 a.m. on
Mother's Day rather than 7:30 p.m.
At all times during father's period of partial
custody he shall be with the child unless an emergency
situation arises or unless the child is sleeping.
3. Father shall pick the child up for all
periods of partial custody at the maternal grandmother's
home within fifteen minutes of the scheduled time. If
father is more than fifteen minutes late, he is obligated
to advise the maternal grandmother that he is going to be
late.
4. Father shall cooperate in the counseling that
the child is currently undergoing with Pennsylvania
Counseling Services. The parties shall equally split the
costs of the counseling from this day forward.
In the event of a custody dispute in the future,
the parties agree that the counselor from Pennsylvania
Counseling Services would be precluded from testifying in
any such proceeding. In the event that professional
counselors are needed to testify, an independent evaluation
will be obtained and split equally between the parties.
5. This Court shall retain jurisdiction in this
matter.
Dirk E. Berry, Esquire
For the Plaintiff
Thomas S. Diehl, Esquire
For the Defendant
By the Court
Edward E. Guido, S.
? gip./G•?•
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•. i -?
Penny L. Welch, : IN THE COURT OF COMMON PLEAS OF
Formerly Penny L. Abady, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 99-5408
Joseph A. Abady, :CIVIL TERM -CUSTODY
Defendant
PETITION TO MODIFY CUSTODY ORDER
1. Plaintiff is Penny L. Welch, formerly known as Penny L. Abady, is an adult
individual, currently residing at 51 Gasoline Alley, Carlisle, Cumberland County,
Pennsylvania.
2. Defendant is Joseph A. Abady, an adult individual, currently residing at
3824 Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant are the natural parents of Desiray A. Welch, born
November 19, 1992 who currently resides at 51 Gasoline Alley, Carlisle, Cumberland
County, Pennsylvania.
4. Mother currently has primary physical custody of the child subject to
periods of partial physical custody in the father. By Order of this Honorable Court dated
October 13, 2000, which is attached hereto and incorporated herein as Exhibit A.
5. The child has complained to the Plaintiff that she is being cursed at and
emotionally abused by Defendant's paramour during Father's period of temporary
custody.
6. The child has expressed to the Plaintiff that she does not wish to visit with
her Father at his and his paramour's residence.
7. The child has expressed to the Mother that she would prefer visiting with
her father at her paternal grandparents' home.
8. Each parent whose parental rights of this child have not been terminated
and the person who has physical custody of the child has been named as parties to this
action. No other persons are known to have or claim to have any right to custody or
visitation to the child other than the parties in this action.
WHEREFORE, Plaintiff requests this Honorable Court to refer this matter to a
Custody Conciliator.
Respectfully Submitted,
*Roert duAdearig, ire
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
VERIFICATION
I verify that the statements made in the foregoing Petition to Modify Custody
Order are true and correct. I understand that false statements made herein are subject
to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.
Date 3 " °a Penny L. erh ???
?l, ??
PENNY L. WELCH FORMERLY PENNY L. IN THE COURT OF COMMON PLEAS OF
ABADY
PLAINTIFF • CUMBERLAND COUNTY, PENNSYLVANIA
V.
• 99-5408 CIVIL ACTION LAW
JOSEPH A. ABADY
DEFENDANT IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, March 20, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 18, 2002 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Ist Hubert X. Gilroy, Esq, `
Custody Conciliator V
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
? Apz
4
PENNY L. WELCH,
Plaintiff
v
JOSEPH A. ABADY,
Defendant
Prior Judge: Edward E. Guido
CONCILIATION
SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Desiray A. Welch, born November 19, 1992.
2. A Conciliation Conference was held on April 18, 2002, with the following individuals
in attendance:
The Mother, Penny L. Welch, with her counsel, Robert J. Mulderig, Esquire; and
the Father, Joseph A. Abady, who appeared without counsel.
3. The case is before the conciliator on Mother's Petition to Modify. After the parties
consulted with the conciliator, an agreement was reached and the conciliator
recommends an order in the form as attached.
DATE
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99 - 5408 CIVIL
: IN CUSTODY
Vl?
Hubert X. Gilroy,
Custody ConciliaU
"K 2 2 2002
PENNY L. WELCH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : CIVIL ACTION - LAW
JOSEPH A. ABADY, : NO. 99 - 5408 CIVIL
Defendant : IN CUSTODY
COURT ORDER
AND NOW, this 413 0' day of April, 2002, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed that this court's order of October 13, 2000
shall remain in effect subject to the following modifications:
1. When the parties are alternating holidays pursuant to Paragraph 2.11 of the
October 13, 2000 Order, the parent who does not have the child for that
weekend shall have the holiday time from 1:00 p.m. until 7:00 p.m. The
parent who has the child on the weekend shall enjoy the holiday time in the
beginning of the day on the day of the holiday.
BY
J.
cc: Aobert J. Mulderig, Esquire
/Joseph A. Abady
3824 Mountain View Road
Mechanicsburg, PA 17055
Edward E. Guido
7 L?ie-s ??e?
R S
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PENNY L. ABADY,
Plaintiff/Respondent
V.
JOSEPH A. ABADY,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-5408 CIVIL
IN CUSTODY
DEFENDANT'S PETITION FOR CONTEMPT AND
TO ENFORCE CUSTODY ORDER
Defendant Joseph Abady, by his attorneys, Snelbaker & Brenneman, P. C., files this
Petition For Contempt and To Enforce Custody Order and in support thereof states the following:
1. Petitioner herein is Joseph A. Abady, an adult individual residing at 6315 Locust
Lane, Mechanicsburg, PA 17055.
2. Respondent herein is Penny L. Abady, formerly Penny L. Welch, and now know as
Penny Sorensen, an adult individual residing at 65 Gasoline Alley, Carlisle, PA 17013.
3. The parties hereto are the natural parents of Desiray A. Welch, born November 19,
1992.
4. Physical custody of the parties' daughter, Desiray A. Welch is governed by an Order
of Court dated October 13, 2000 as modified by an Order of Court dated April 23, 2002. Copies
of the foregoing Orders of Court dated October 13, 2000 and April 23, 2002 are attached hereto
and incorporated by reference herein as "Exhibit A" and "Exhibit B", respectively.
5. Commencing in October 2002 and continuing thereafter, Respondent has intentionally
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
and continuously interfered and thwarted all efforts by the Petitioner to have communication
with and custody of Desiray A. Welch. Respondent's efforts in deifying Petitioner's custody
rights have included, but have not been limited to, continuously failing to allow communication
between Petitioner and his daughter and calling the police on numerous occasions without
justification.
6. Respondent has made numerous efforts to ensure that Petitioner has no
communication with, contact with or custody of his daughter.
7. Respondent's efforts in interfering with Petitioner's rights of custody under the Court
orders identified above have been intentional and malicious and contrary to the best interests of
the parties' daughter.
WHEREFORE, Petitioner requests this Court to:
A. hold Respondent in contempt due to her willful violations of the
Custody Orders;
B. award Petitioner all costs and attorney's fees incurred with respect
to the filing and hearing of this Petition;
C. order and direct Respondent to abide by the terms of the parties'
Custody Orders and not to interfere with communication between
Petitioner and the parties' daughter; and
D. order and direct such further and other relief as this Court in its
discretion deems just and appropriate.
LAW O FRCES
SNELBAKER &
BRENNEMAN, P.C.
Date: February 10, 2006
SNELBAKER & BRENNEMAN, P. C.
BY I?° _,
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Petitioner Joseph A. Abady
-2-
VERIFICATION
I verify that the statements made in the foregoing Petition 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.
epady Q
Date: February 10, 2006
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
Page 1 of 1
FENNY L. AMOY, 1 IA+ THE comr op comm FLEAS OF
plaintiff , CUMBDRLAND COUNTY, M9NEYLVANIA
V, i CIVIL ACTION - BUFYORT
: Dcurtssrtc RMLAr1OMe 913MON
M92PH A, ASADY,
Defendmat i NO, 99.5006 CIVIL TERM
IN R8i MOVOM
ORDER OF C1OUXT
AND NOW, tbie 13th day of Dotober, 1000, it
is hereby ordered and directed as followe,
1, Mother, Penny L. Abady, and the father,
Joseph A. Abady, shall enjoy shared legal custody of
Daairay A. welch, born November 19, 1992.
2. Mothss shall have primary phvaical custody of
the child subject to periods of partial physical custody in
Lather as folSows&
A. Very cthar weekend It= Friday at S:30
p.m, until eunday at 700 pan, ocmmeneing on Friday,
October 13, 2000,
0. The parties ahall Ohara every holiday,
which shell include Thanksgiving, Christmas, Easter,
Memorial Day, duly a, and Labor Day with father having
partial custody of the child from 1100 p.m. On said day
until 7:00 p.m. Provided however, that if father lip
wOYking during said perioda, there shall be nG visitation.
Cr up to two weal= each summer to
correspond with father's vacation schedule. Parher shall
EXHIBIT A
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notify mother by May let of each year as to which two weeks
he intends to exercise this partial custody.
D. notwithstanding the other terms of this
order, father shall have partial custody with the child cc
FatherLe Day frort, 10:00 e.Ya. until 8:00 P.M. EFUrtharmors,
if Mother's Day falls an father-a normal visitation
schedule, he shall return the child by 9:00 a.m. on
Mother's Day rather than 7130 p.m.
At all times during tatbty a period of partial
custody he shall be with the child unlesa an emergency
situation arises or unless the child is aleapiag.
3. Father shall pick the child up for all
periada of partial custody at the maternal grandmother's
home within fifteen minutes of the scheduled time. It
father is more than fifteen minutes late, he is obligated
to advise the maternal grandmother that he is going to be
late.
4. Father shall cooperata in the counseling that
the Child ig currently undergoing with Pennsylvania
counseling services. The parties shall equally split the
coats of the counseling from this day forward.
in the avant of a cuatody dispute in the future,
the parties agree that the couneelor from Pennsylvania
counseling Barvicas would be precluded from testifying in
any such proceeding. In the event that professional
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efluaaelers are needed to testily, an independent evaluation
will be obts"d and split equally bstwean the parties.
S. This QO%ITt shall retain juriedietioo in thin
matter.
Dirk 8, Berry, Require
For the Plaintiff
Thomea R. Diehl, Enquire
tvr the Defendant
:lfh
By then tro?
Edward E. Guido, J.
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Art slow
PEN" L, W BLCB, d IN THE COURT OR COMMON PLEAS OP
Plaindff d CUMBERLAND COUNTY, PRAMVt VANrA
Y CIVIL AMON-LAW
JOSEPH A. ARADY, : no," -5409 CIVIL
Delmdut t IN C MDV
COURT ORDER
AND NOW, this 01$? day of April, t00E, upon cooddereflon of the atiarhod CeufadY
Cone lladon Report, it k wdered and directed that tldo court's order of October 13, 700f1
dull remold In %lectSubject to ft tbllo einQ modiflao".
1. Wh[o the putles ax slterrrdng hdldga pursuant to Paragraph 7.9 of this
October 13, 7006 Order, the parent who does not bare the child for lbat
Wealumd dull have the baliday time ft= 100 g.m. anlll 7:06 p.m. 1$0
pareett who hea lW "d ass Me, wo*/ad dull aJoy the holiday rims in lire
heOnminp of the day an the dsy of the holiday.
BY QOLfS
J.
Edward& Guido
M: AobortJ. Muidmff rAgddre
rtosepil A. Abody ?, 1.O4S1 °Lg
Sold bsvfcsbml FA 7M (j?r?".Z.?-Q iL 4
EXHIBIT B
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CERTIFICATE OF SERVICE
1, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
caused a true and correct copy of the foregoing Petition to be served upon the persons and in the
manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
Penny Sorensen
65 Gasoline Alley
Carlisle, PA 17013
By:
Date: February 10, 2006
Robert J. Mulderig, Esquire
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
SNELBAKER & BRENNEMAN, P.C.
i
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Petitioner Joseph A. Abady
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
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PENNY L. ABADY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOSEPH A. ABADY
DEFENDANT
99-5408 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, __ Thurso, February 16, 2006 -1 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 24, 2006 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Hubert X. C#fo Esq. f
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
most he 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
=?:?ssno
n:Ir,„, q1 oiA;G';'c
PENNY SORENSEN, formerly
PENNY L. ABADY
Plaintiff
V.
JOSEPH A. ABADY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-5408
WITHDRAWAL AND ENTRY OF APPEARANCE
TO THE PROTHONOTARY OF SAID COURT:
PLEASE withdraw my appearance as attorney of record for the Petitioner, Penny
Sorensen, at the above captioned docket.
Dated:
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
PLEASE enter my appearance as attorney of record on behalf of the Petitioner, Penny
Sorensen, at the above captioned docket.
Rgspyectful submitted by:
f„
Katie O' 6
Certified egalIntern
THO .PLACE
ROBER E. RAINS
LUCYJOHNSTON-WALSH
ANNE MACDONALD-FOX
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
RFCFT17FD
fv Ak g 1UUti
PENNY L. ABADY,
Plaintiff
v
JOSEPH A. ABADY,
Defendant
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-5408
: IN CUSTODY
CIVIL ACTION - LAW
COURT ORDER
AND NOW, this -3- day of March, 2006, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. The petition of Joseph A. Abady for enforcement of the existing Custody Order
and to hold the Mother in contempt for violation of the existing Custody Order is
held in abeyance pending resolution of the Petition for Termination of Parental
Rights filed by the Mother at Docket No. 117-Adoptions-2005.
2. Upon a resolution of the petition to terminate the Father's parental rights and in
the event Father's parental rights are not terminated, legal counsel for the parties
may contact the custody Conciliator directly to schedule another conference at
which time the Conciliator is authorized to attempt to implement a satisfactory
Order in this case.
BY,;FHE COURT,
Edward E. Guido, Judge
1
Cc: ,K ith Brenneman, Esquire
ts. Katie O'Connor
V?
;;,
;,_.. , ,
r ;,-?
1'l'r? ?? ? i it _"
_ ? ?li ??
PENNY L. ABADY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v NO. 99-5408 CIVIL ACTION - LAW
JOSEPH A. ABADY, IN CUSTODY
Defendant
Prior Judge: The Honorable Edward E. Guido
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:
1. The pertinent information pertaining to the child who is the subject of this litigation is
as follows:
Desiray Ann Welch, born November 19, 1992
2. A Conciliation Conference was held on March 24, 2006 with the following individuals
in attendance:
The Mother, Penny L. Sorensen, with her student attorney Katie O'Connor of the
Dickinson School of Law Family Law Clinic
The Father, Joseph A. Abady, with his counsel, Keith Brenneman, Esquire
3. There is an Order from 2000 and 2002 giving Father certain periods of temporary
custody with the minor child. Father has not seen the child since 2002. In conjunction
with an adoption petition filed by Mother's current husband, there is a parental rights
termination hearing scheduled for April 10, 2006 before Judge Oler whereby the
Mother is attempting to terminate the Father's rights.
4. After the filing of the Petition for Termination of Parental Rights, Father filed a
petition for contempt and seeking to enforce the existing Custody Order. In light of
the fact that the Father has not seen the child for a number of years and there is a
pending hearing on termination of his parental rights, the Conciliator suggests that no
action be taken at this time and recommends an Order in the form as attached.
Date: March A, 2006 A L
Hubert X. ilroy, Esquire
Custody Conciliator