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HomeMy WebLinkAbout07-4692r JANET L. KENNEDY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. No. 0'1- ~~9a C;~~ < T~ CHRISTOPHER D. KENNEDY, Defendant FAMILY COURT DIVISION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitations of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary of Lebanon Municipal Building, 400 South Eighth Street, Lebanon, Pennsylvania, 17042. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 PHONE: (717) 249-3166 SPITLER, KIJeGORE & EI)iCK, PC BY: ATTORNEYS FEFENDANT 522 SOUTH EI TH STREET P.O. BOX 1188 LEBANON, PENNSYLVANIA 17042 I.D. #06326 JANET L. KENNEDY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. NO. CHRISTOPHER D. KENNEDY, Defendant FAMILY COURT DIVISION IN DIVORCE COUNT ONE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiff is Janet L. Kennedy, who currently resides at 18 Lilac Drive, Mechanicsburg, Pennsylvania, 17050. 2. Defendant is Christopher D. Kennedy, who currently resides at 121 Hill Lane, Mechanicsburg, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 24, 1987 at Ft. Worth, Texas. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff requests the Court to enter a decree of divorce. 8. Plaintiff has been advised counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce. 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. Section 4904, relating to unsworn falsification to authorities. i- . J et L. Kennedy, Plaintiff SPITLER, KILGORE & ENCK, PC DATE: July 1~, 2007 BY Lebanon, Pennsylvania 17042 (717) 273-7621 Identification No. 06326 P.O. Box 1188 ~ N ~ O 00 O , r : _" ~s C ~ , P" _ _) --. - },. A M - fi ) Y ~r D ~~ ~_. r _ ~ ~ a~ a ~=~ •- ~3 K ~~_ w COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -FAMILY JANET L. KENNEDY, CASE NO. D'1 ` ~~9a Ci vi ( l~ Plaintiff IN CUSTODY vs. ORDER FOR APPOINTMENT OF CHRISTOPHER D. KENNEDY, CONCILIATOR Defendant . PETITION FOR CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: The Petition of Janet L. Kennedy, by her attorney, Keith L. Kilgore, Esquire, respectfully represents that: 1. Petitioner, Janet L. Kennedy, resides at 18 Lilac Drive, Mechanicsburg, Pennsylvania, 17050. 2. Respondent, Christopher D. Kennedy, resides at 121 Hill Lane, Mechanicsburg, Pennsylvania, 17055. 3. The parties are the parents of one (1) minor child, Michael D. Kennedy, born May 23, 1995, age 12. 4. Your Honorable Court has jurisdiction over said child, and of this proceeding, under the Uniform Custody Jurisdiction Act, Act of Assembly dated October 5, 1980, P.L. 693, No. 142 (42 Pa. C.S.A.) based upon the following: a. Said child is still physically present in the Commonwealth; 5. Said minor child has resided at the following addresses and with the following individuals since birth: a. With Plaintiff at 18 Lilac Drive, Mechanicsburg, Pennsylvania, 17050; b. With Plaintiff and Defendant at 18 Lilac Drive, Mechanicsburg, Pennsylvania, 17050 until February 1, 2007. 6. Your Petitioner has not participated in any other litigation concerning the custody of said minor child in this or any other state or jurisdiction. 7. Your Petitioner has no knowledge of any other proceedings pending before another Court of this or any other state or jurisdiction. 8. Your Petitioner knows of no other person not a party to these proceedings who has had physical custody of said minor children or who claims to have custody or visitation rights to said minor children. 9. Your Petitioner is better able to provide care for the minor child's interest in that: a. Petitioner is the natural mother of said child; b. Petitioner is steadily employed by PCI Insurance, Inc.; 10. Your Petitioner desires the custody of said minor child be fixed with Petitioner. WHEREFORE, Petitioner prays your Honorable Court to direct that the matter be referred to a Child Custody Conciliator pursuant to the Lebanon County Rules of Court -Family Division. SPITLER, KILGORE & ENCK, PC VERIFICATION I, JANET L. KENNEDY, verify that the statements made in this Petition for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: August ~ , 2007 anet L. Kennedy C') N C- ~ O ` ~ .ry -,,~ ~ -,d c~ nth ~ r a ~~ ~~ ah T` Tr ~ o ~ m 1 JANET L. KENNEDY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW VS. No. a? - ~~9 a C~,-~ r t ~-- CHRISTOPHER D. KENNEDY, Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of KEITH L. KILGORE, ESQUIRE, Spitler, Kilgore & Enck, PC, 522 South Eighth Street, P.O. Box 1188, Lebanon, Pennsylvania, 17042, as attorneys for Janet L. Kennedy, the Plaintiff in the above-captioned case. Dated: ~v , 2007 SPITLER & KILGORE, PC BY: Keit L. Kilg , Esqui 522 South E' th Street P.O. Box 1188 Lebanon, Pennsylvania 17042 (717) 273-7621 I.D. #06326 n~ d C ° -~ . ' " ~ + ... 1 S ~ t 1 1- ' ~ ~ ~ ~ l ~ ~ ,... ~ JANET L. KENNEDY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW VS. NO. 2007- CHRISTOPHER D. KENNEDY, Defendant MOTION TO ENTER PETITION FOR CUSTODY TO THE HONORABLE JUDGES OF SAID COURT: Janet L. Kennedy, by her attorney, Keith L. Kilgore, Esquire, and Christopher D. Kennedy, pro se, motion your Honorable Court to enter an Order in accordance with the foregoing Petition for Custody. SPITLER, KILGORE & ENCK, PC BY• -~ Attorneys for I.D. #06326 Christopher D. Pro Se Defendant JANET L. KENNEDY, IN THE COURT OF COMMON PLEAS Plaintiff :LEBANON COUNTY, PENNSYLVANIA CIVIL ACTION -LAW VS. NO. 2007- CHRISTOPHER D. KENNEDY, Defendant CONSENT PETITION FOR CUSTODY AND VISITATIONS TO THE HONORABLE JUDGES OF SAID COURT: The Petition of Janet L. Kennedy, by her attorney, Keith L. Kilgore, Esquire, and Christopher D. Kennedy, pro se, respectfully represent that: 1. Plaintiff, Janet L. Kennedy, resides at 18 Lilac Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as Mother). 2. Respondent, Christopher D. Kennedy, resides at 121 Hill Lane, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as Father). 3. The parties were married on February 24, 1987, and are the parents of one minor child, Michael D. Kennedy, born on May 23, 1995, age 12. 4. The parties agree they shall have shared legal custody of the aforesaid minor child. The primary physical custodian shall be Janet L. Kennedy. Christopher D. Kennedy shall have partial custody of their minor child as the parties shall agree, the minimum of which shall be as follows: a. Every other weekend commencing Friday at 5:30 p.m. and extending until Sunday at 8:00 p.m. The weekend custodial time period with Father shall be flexible to take into consideration Father's guard duty; b. Every Tuesday and Thursday evening commencing at 5:00 p.m. and extending unti18:00 p.m.; c. Alternate holidays from 9:00 a.m. and extending until 8:00 p.m. The holidays shall consist of New Year's Day, Easter, Memorial Day, Fourth of July, and Labor Day. The holiday schedule for Father shall be flexible taking into consideration his guard duty and military career; d. The Christmas holiday shall be divided into two time periods as follows: 1) The first time period shall commence on Christmas Eve day at 12:00 noon and extend until Christmas Day at 1:00 p.m.; 2) The second time period shall commence at 1:00 p.m. on Christmas Day and extend unti16:00 p.m., December 26th; 3) The first time period shall commence with Mother in odd numbered years, and the second time period with Mother in even numbered years. The first time period shall commence with Father in even numbered years, and the second time period with Father in odd numbered years; e. The Thanksgiving holiday shall be divided into two time periods as follows: 1) The first time period shall commence the day before the holiday at 5:00 p.m. and extend unti13:00 p.m. Thanksgiving Day; 2) The second time period shall commence at 3:00 p.m. Thanksgiving Day and extend until 5:00 p.m. the following day; 3) The first time period shall commence with Father in odd numbered years and the second time period with Father in even numbered years. The first time period shall commence with Mother in even numbered years and the second time period with Mother in odd numbered years. £ Each party shall have seven (7) consecutive days of exclusive custodial time periods during June of each year and July of each year. g. In even numbered years, Mother shall provide written notice to Father no later than May 1st as to which exclusive weeks she wishes to exercise, and Father shall provide written notice by May 15th as to which exclusive weeks he wishes to exercise during the summer. In odd numbered years, Father shall provide written notice by May 1st and Mother written notice by May 15th h. Mother's Day with the Mother and Father's Day with the Father commencing at 9:00 a.m. and extending unti18:00 p.m.; i. The holidays, summer, and Mother's Day/Father's Day shall prevail over the weekend schedule. j. Such other reasonable time periods as the parties shall agree. 5. While in the presence of the child, neither parent shall make or permit any other person to make any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule which may from time to time become necessary, and shall specifically not use the child as messenger. Neither parent shall discuss with the child any proposed changes to the physical custody schedule or any other issue requiring consultation and agreement prior to discussing the matter and reaching an agreement with the other parent. 7. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, or authority and have copies of any reports given to them as parent. Such documents include, but are not limited to, medical records, academic and school report cards, birth certificates, and the like. Each parent shall have the right to communicate directly with any and all medical and dental authorities. 8. Each parent shall allow the other parent reasonable phone contact, instant messaging and emails, with the child at reasonable times when the child is in their custody. 9. Both parties agree to immediately provide written notification to the other party in the event of change of address or phone number. 10. Grandparents and other relatives may pick up or drop off Michael at either Father or Mother's residence with prior notice to the other. 11. Neither parent will move more than 30 miles outside of the City limits of Mechanicsburg, Pennsylvania. IN WITNESS WHEREOF, the parties pray your Honorable Court to issue an Order in accordance with the above Consent Petition. SPITLER, KILGORE & ENCK, PC B Christopher D. Ke ro Se Attorneys for I.D. #06326 VERIFICATION I, JANET L. KENNEDY, verify that the statements made in this Petition for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date. ~ ~ , 2007 ' ` ' net L. Kennedy VERIFICATION I, CHRISTOPHER D. KENNEDY, verify that the statements made in this Petition for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ ~ ~~ , 2007 Christopher D. Kennedy ~AUG 20 ~` '~'~ JANET L. KENNEDY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW VS. NO. 2007- ~(oCfa Civil `~z.r-n- CHRISTOPHER D. KENNEDY, Defendant ORDER AND NOW, to wit, this~day of -'"' ~ '1 _ _, 2007, upon consideration of the within Consent Petition, and upon motion of Keith L. Kilgore, Esquire, attorney for Janet L. Kennedy, and Christopher D. Kennedy, pro se, it is hereby ORDERED AND DECREED as follows: 1. Christopher D. Kennedy, hereinafter referred to as Father, and Janet L. Kennedy hereinafter referred to as Mother, shall have shared legal custody of their minor child, Michael D. Kennedy, born May 23, 1995, age 12. The primary custodian shall be Janet L. Kennedy. Christopher D. Kennedy shall have partial custody as the parties shall agree, the minimum of which shall be as follows: 2. Every other weekend commencing Friday at 5:30 p.m. and extending until Sunday at 8:00 p.m. The weekend custodial time period with Father shall be flexible to take into consideration Father's guard duty. „~ . - ~ f ~_ _ ^~ '~ t f ;+'.~ r tll 4~ 3. Every Tuesday and Thursday evening commencing at 5:00 p.m. and extending unti18:00 p.m. 4. .Alternate holidays from 9:00 a.m. and extending unti18:00 p.m. The holidays shall consist of New Year's Day, Easter, Memorial Day, Fourth of July, and Labor Day. The holiday schedule for Father shall be flexible taking into consideration his guard duty and military career. 5. The Christmas holiday shall be divided into two time periods as follows: 1) The first time period shall commence on Christmas Eve day at 12:00 noon and extend until Christmas Day at 1:00 p.m.; 2) The second time period shall commence at 1:00 p.m. on Christmas Day and extend unti16:00 p.m., December 26th; 3) The first time period shall commence with Mother in odd numbered years, and the second time period with Mother in even numbered years. The first time period shall commence with Father in even numbered years, and the second time period with Father in odd numbered years; 6. The Thanksgiving holiday shall be divided into two time periods as follows: 1) The first time period shall commence the day before the holiday at 5:00 p.m. and extend until 3:00 p.m. Thanksgiving Day; 2) The second time period shall commence at 3:00 p.m. Thanksgiving Day and extend until 5:00 p.m. the following day; 3) The first time period shall commence with Father in odd numbered years and the second time period with Father in even numbered years. The first time period shall commence with Mother in even numbered years and the second time period with Mother in odd numbered years. 7. Each party shall have seven (7) consecutive days of exclusive custodial time periods during June of each year and July of each year. 8. In even numbered years, Mother shall provide written notice to Father no later than May 1st as to which exclusive weeks she wishes to exercise, and Father shall provide written notice by May 15th as to which exclusive weeks he wishes to exercise during the summer. In odd numbered years, Father shall provide written notice by May 1st and Mother written notice by May 15th. 9. Mother's Day with the Mother and Father's Day with the Father commencing at 9:00 a.m. and extending unti18:00 p.m. Z0. The holidays, summer, and Mother's Day/Father's Day schedule shall prevail over the weekend schedule. 11. Such other reasonable time periods as the parties shall agree. 12. While in the presence of the child, neither parent shall make or permit any other person to make any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. 13. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule which may from time to time become necessary, and shall specifically not use the child as messenger. Neither parent shall discuss with the child any proposed changes to the physical custody schedule or any other issue requiring consultation and agreement prior to discussing the matter and reaching an agreement with the other parent. 14. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, or authority and have copies of any reports given to them as parent. Such documents include, but are not limited to, medical records, academic and school report cards, birth certificates, and the like. Each parent shall have the right to communicate directly with any and all medical and dental authorities. 15. Each parent shall allow the other parent reasonable phone contact, instant messaging and emails with the child at reasonable times when the child is in their custody. 16. Both parties agree to immediately provide written notification to the other party in the event of change of address or phone number. 17. Grandparents and other relatives may pick up or drop off Michael at either Father or Mother's residence with prior notice to the other. 18. Neither parent shall move more than 30 miles outside of the City limits of Mechanicsburg, Pennsylvania. BY THE COURT, J. JANET L. KENNEDY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-4692 -CIVIL TERM CHRISTOPHER D. KENNEDY, : FAMILY COURT DIVISION Defendant IN DIVORCE ACKNOWLEDGEMENT OF SERVICE I, Christopher D. Kennedy, do hereby acknowledge on ~~ G , 2007, I received a true and correct copy of a Notice To Defend and Claim Rights and Complaint In Divorce Under Section 3301(c) of the Divorce Code filed to the above number and year. x /~ /' Christopher D. Ken Dated: C l ~ , 2007 pry ~ ~, ~' ~ -;ate _ --t ~ -,-;, ' ~; sv ~-; --r-~,; -_;r ~~ ,~ ..;_ :;:.. ,' c • i ~~ ~~4i~ .~ s • ~.~ .._„i "{ JANET L. KENNEDY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-4692 -CIVIL TERM CHRISTOPHER D. KENNEDY,: FAMILY COURT DIVISION Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 8, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. Section 4904, relating to unsworn falsification to authorities. Date: November ~, 2007 ~ - anet L. Kennedy ~ r~ ~_ ~ ~rt --~ ~ ~ ,a~ ~ ~, . - -~ ~d C~ 3.~- ~+ "S`i JANET L. KENNEDY, Plaintiff VS. CHRISTOPHER D. KENNEDY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4692 -CIVIL TERM FAMILY COURT DIVISION IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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. Section 4904 relating to unsworn falsification to authorities. Date~:~,n 1 ~ , 2007 .~ . Janet L. Kennedy rya r-a ~y ~-'~' ~ ~.~~ _,,. ~` " L. . ~ ~-~a ~~ ~^q° ~ i ' yp ^^Vn. ~ . ~ JANET L. KENNEDY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-4692 -CIVIL TERM CHRISTOPHER D. KENNEDY,: FAMILY COURT DIVISION Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 8, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. Section 4904, relating to unsworn falsification to authorities. Date: November ~, 2007 Christopher D. Kenn y t"°~ _t-~ ~-- _„' ~, ~, _ ~, ;. ~, ~ ~~ ` ~~ ~~~ ~. JANET L. KENNEDY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.07-4692 -CIVIL TERM CHRISTOPHER D. KENNEDY,: FAMILY COURT DIVISION Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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. Section 4904 relating to unsworn falsifica ' o thorities. Date: ~~/ , 2007 Christopher D. Kenn t..e 4~wi _ ~ "'~ _.^.5 i"T i :~ ~; r ..rw ~ ~ ~ • J i . a-~ ~7 i JANET L. KENNEDY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-4692 -CIVIL TERM CHRISTOPHER D. KENNEDY,: FAMILY COURT DIVISION Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce - irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint -August 11, 2007 by Acceptance of. Service -filed August 22, 2007. 3. (Complete either paragraph (a) or (b)) (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff November 14, 2007; by defendant November 11, 2007; (b) (1) Date of execution of the affidavit of consent required by Section 3301(d) of the Divorce Code: N/A; (2) Date of filing and service of the plaintiff s affidavit upon the respondent: N/A. 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe a copy of which is attached: N/A (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: December 10, 2007 Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: December 10, 2007 SPITLER, KILGORE & ENCK, PC ~ % .. --~ r' BY: <<-Attorneys for Plaintiff 522 South Eighth Street r' P.O. Box 1188 Lebanon, Pennsylvania 17042 I.D. #06326 r-., ~-,~ ~' c.- ~~~ -.m, ;-~ :~ ; ~~' c' _ , _ ~ c ~ r 3 ~~'~., r t .S:*. _ . -; i .. .7' -~-i ~.:'i f*,,y .,r'J C : -C I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. _ - ~= JANET L. IC~IlVEDY, N O. 07-4692 VERSUS CHRISTOPHER D. I~IIVEDY DECREE IN DIVORCE AND NOW, ~r' • f -.~C> C ~ 2007 IT IS ORDERED AND DECREED THAT J~T L' F~IEDY PLAINTIFF, AND D. F~IlVEDY DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY THE COURT: PROTHONOTARY ~°Iti ~ ~~ ~.•.. ..., ~:~ . ~~ {~ ~j ~~, ~~ - ~1 ~(~/ , 4 ~ V JANET L. KENNEDY PLAINTIFF V. CHRISTOPHER D. KENNEDY DF,FENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 2007-4692 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 03, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 10, 2010 at 2:30 PM 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. 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/ ohn .Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE ~ET ,~, yJ FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ~-- ~!-_ ' n w ~,~ . C~ ~~ ~Q npberland County Bar Association = ' ~ ~ -., $. L,( ~ ~ l.J~ ~~ ~' `CCJh 32 South Bedford Street ~_ ~ L~~~Qit' , Carlisle, Pennsylvania 17013 _ „C C7~ Ca ~l2ti l4 a .Telephone (717} 249-3166 &• ~-t (O ~~//~~. d Pik _-_, ~ ~ ~ .~., ~ . ~ • t a ~~~ }~lQc~ed ~n star, c~/t 3 -~'t,~ SEP "L 7 2U10 JANET L. KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-4692 CIVIL ACTION LAW CHRISTOPHER D. KENNEDY, IN CUSTODY , , Defendant Prior Judge: J. Wesley Oler, Jr., J. = + ORDER OF COURT 71 ' C"3 AND NOW this 2.'5 day of September 2010, upon consideration of the attae edTu s ly Conciliation Report, it is Ordered and Directed as follows: Pending further Order of Court or mutual agreement of the parties, the Order of Court dated August 20, 2007 shall remain in full force and effect with the following modifications. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the (J! OL, - - day of , 2010 at /,'-+) a®/pm in Courtroom number 1 in the Cumberland County Co of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 3. Counseling: The parties have agreed, and are directed, to engage in therapeutic family counseling with a mutually-agreed upon professional. The parties shall split the cost of said counseling what is not covered by insurance. The focus of the counseling is intended to address parent/child relationship issues. 4. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. ] iO bution: ?Co stance Brunt, Esq., Beufort Professional Center, 1820 Linglestown Rd., Harrisburg, PA 17110-3339 ?Qui t. ma Laudermilch, Esq., 1029 Scenery Dr., Harrisburg, PA 17109 ohn J. Mangan, q. eo ,'gv ? L6C 4Aq /to Rv the Court- JANET L. KENNEDY, Plaintiff V. CHRISTOPHER D. KENNEDY, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4692 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 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: Name Date of Birth Michael D. Kennedy 05/23/1995 Currently in the Custody of Primary Mother 2. A stipulated Order of Court was issued August 20, 2007 and a Conciliation Conference was held with regard to this matter on September 10, 2010 with the following individuals in attendance: The Mother, Janet L. Kennedy, with her counsel, Constance P. Brunt, Esq. The Father, Christopher D. Kennedy, with his counsel, Quintina M. Laudermilch, Esq. 3. Father's position on custody is as follows: Father is officially requesting primary custody of Michael pursuant to the pleadings, but would be content with a shared week on/ week off situation. Father indicates that he and Mother live in the same school district and the parents had done a week on/off arrangement in the summer of 2009. Father acknowledges that his relationship with his son is a bit strained at times. Father indicates that Michael is quite resistant to authority figures and that Mother is a bit too flexible with Michael. Father does not feel that Mother encourages Michael's relationship with him. Father is not opposed to therapeutic family counseling. Father is not willing to wait for the counseling to take place in order for a change in the current custody schedule. Father would like a week on/off schedule to take place now. 4. Mother's position on custody is as follows: Mother is would like the current Order of 2007 to remain in place. Mother indicates that Father has not requested any additional time in addition to what is currently in place. Mother does not believe that Michael desires to spend any additional time with Father. Mother indicates that she is willing to be flexible but does not feel that forcing Michael to spend more time with Father would be productive, in that if forced to do so, Michael will be resentful and "push back". Mother also feels that therapeutic family counseling would be beneficial to Michael and Father. Mother will not agree to an Order outlining a shared week on/off schedule. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date John J an, Esquire Cust dy C nciliator IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JANET L. KENNEDY, Plaintiff CIVIL ACTION - LAW V. CHRISTOPHER D. KENNEDY, Defendant No. 2007-4692 (In Custody) ORDER Q: -, r n cz) CD Co ) _ r r17 te AND NOW, this 275 I day of p c I 2011 upon agreement of the parties, it is hereby ORDERED and DECREED as follows: 1. The parties shall share legal custody of their child, Michael D. Kennedy, whose date of birth is May 23, 1995. 2. Mother shall have primary physical custody of Michael. 3. Father shall have physical custody of Michael on the following schedule: a. Alternating weekends which shall begin Thursday at 4:30 p.m. (unless otherwise agreed to by the parties) until Sunday evenings at 8:00 p.m.; b. Every Tuesday from 4:30 p.m. until Wednesday at 4:30 p.m. (unless otherwise agreed by the parties); and c. Every Thursday prior to Mother's weekend from 4:30 p.m. until Friday at 4:30 p.m. (unless otherwise agreed by the parties). 4. The parties shall alternate holidays from 9:00 a.m. until 8:00 p.m. The holidays shall consist of New Year's Day, Easter, Memorial Day, Fourth of July and Labor Day. The holiday schedule for Father shall be flexible taking into consideration his guard duty and military career. 5. The Christmas time period shall be divided into two time periods as follows: a. The first time period shall commence on Christmas Eve day at 12:00 p.m. and extend until Christmas Day at 1:00 p.m.; b. The second time period shall commence at 1:00 p.m. on Christmas Day and extend until 6:00 p.m. on December 26th; C. The first time period shall commence with Mother in odd numbered years, and the second time period with Mother in even numbered years. The first time period shall commence with Father in even numbered years and the second'time period with Father in odd numbered years. 6. The Thanksgiving holiday shall be divided into two time periods as follows: a. The first time period shall commence the day before the holiday at 5:00 p.m. and extend until 3:00 p.m. Thanksgiving Day; b. The second time period shall commence at 3:00 p.m. Thanksgiving Day and extend until 5:00 p.m. the day after Thanksgiving; C. The first time period shall commence with Father in odd numbered years, and the second time period with Father in even numbered years. The first time period shall commence with Mother in even numbered years and the second time period with Mother in odd numbered years. 7. Each party shall have seven (7) consecutive days of exclusive custodial time periods during June of each year and July of each year. 8. In even numbered years, Mother shall provide written notice to father no later than May 1St as to which weeks she wishes to exercise, and Father shall provide written notice by May 15th as to which exclusive weeks he wishes to exercise during the summer. In odd years, Father shall provide written notice by May 1St and Mother shall provide written notice by May 15th. 9. Mother shall have physical custody on Mother's Day and Father shall have physical custody on Father's Day. The custodial time will begin at 9:00 a.m. and extend until 8:00 p.m. 10. The holidays, summer and Mother's Day/Father's Day schedules shall take precedence over the regular custodial schedule. 11. Such other reasonable time periods as the parties shall agree. 12. While in the presence of the child, neither parent shall make or permit any other person to make any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. 13. The parents shall communicate directly with one another concerning any parenting issues requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule which may from time to time become necessary, and shall specifically not use the child as a messenger. Neither parent shall discuss with the child any proposed changes to the physical custody schedule or any other issues requiring consultation and agreement prior to discussing the matter and reaching an agreement with the other parent. 14. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, or authority and have copies of any reports given to them as parent. Such documents include, but are not limited to, medical records, academic and school report cards, birth certificates, and the like. Each parent shall have the right to communicate directly with any and all medical and dental authorities. 15. Each parent shall allow the other parent reasonable phone contact, text messaging, instant messaging and emails with the child at reasonable times when the child is in their custody. 16. Both parties agree to immediately provide written notification to the other party in the event of a change in address or phone number. 17. Father shall contact the school to make arrangements for the bus to pick Michael up for school on Wednesday and Friday mornings. In the event the school will not accommodate said request, Father will transport Michael to school on Wednesday and Friday mornings when his work schedule permits. In the event Father is unable to do so, Father's girlfriend shall be permitted to transport Michael. 18. Grandparents and other relatives may pick up or drop off Michael at either Father or Mother's residence with prior notice to the other. 19. Neither party shall relocate from a current address if such relocation will necessitate a change in the custody schedule as set forth in this Order, or if the relocation will be to a location in excess of thirty (30) miles from the other party's then current residence without (a) a party first giving prior written notice to the other party not less than sixty (60) days prior to the planned relocation, and b) either written consent of the other party to such relocation of further Order of this Court. In the event of any intended relocation, either party may seek modification of the terms of this custody Order by filing a Petition to modify Custody with the Prothonotary. 20. It is understood by the parties that, upon mutual agreement, an expanded or altered schedule may be agreed upon by the parties. BY THE COURT: DISTRIBUTION: Constance P. Brunt, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box ? 109, Lemoyne, PA 17043-0109, Counsel for Plaintiff Quintina M. Laudermilch, Esquire, Daley Zucker Meilton Miner & Gingrich, LLC, 1029 Scenery Drive, Harrisburg, PA 17109, Counsel for Defendant a?led