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Home My WebLink About08-0827-ABOM & LITULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 KIMBERLY KELL, Plaintiff V. DENNIS E. KELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0 - g 7 tc Q ?e.. -, CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Kimberly Kell, who currently resides at 392 Crossroad School Road, Newville, Cumberland County, Pennsylvania. 2. The Defendant is Dennis E. Kell, who currently resides at 392 Crossroad School Road, Newville, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following children: Name: Date of Birth: Name: Nicole Kell March 7, 1994 Lauren Kell Date of Birth: March 11, 1995 Address: 392 Crossroad School Road, Newville, Cumberland County, Pennsylvania 4. The children were born during wedlock. 5. The children are presently in the custody of Plaintiff and Defendant, who reside at 392 Crossroad School Road, Newville, Cumberland County, Pennsylvania. 6. During the children's lifetime, they have resided with the following persons and at the following addresses: Name Address Date Dennis E. Kell and 392 Crossroad School Road Birth to present Kimberly Kell Newville, PA 17241 7. The mother of the child is Kimberly Kell, who resides at 392 Crossroad School Road, Newville, Cumberland County, Pennsylvania. 8. Mother of the child, Plaintiff, is married. 9. The father of the child is Dennis E. Kell, who currently resides at, 392 Crossroad School Road, Newville, Cumberland County, Pennsylvania. 10. Father of the child, Dennis E. Kell, is married. 11. The relationship of Plaintiff to the child is that of Mother. 12. The relationship of Defendant to the child is that of Father. 13. The Plaintiff currently resides with the following persons: Daughters, Nicole and Lauren Kell. Plaintiff is separated, but residing in the same physical residence, with her husband, Dennis E. Kell. 14. The Defendant currently resides with the following persons: Defendant is separated from his wife, but currently residing at the same physical residence with his wife, Kimberly Kell and his daughters, Nicole and Lauren Kell. 15. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court. 16. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 17. The Plaintiff does not know of a person or a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the child. 18. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The Plaintiff has been the primary caregiver of the minor children since their birth. Plaintiff has: i. Bathed, groomed and dressed the children; ii. Purchased, cleaned and cared for the children's clothing; iii. Arranged all extracurricular activities; iv. Arranged alternative childcare; V. Put the children to bed nightly, attended the children in the middle of the night, and awakened the children in the morning. b. The children have a psychological bond with the Plaintiff. C. Plaintiff has been primarily responsible for assisting the children with their school-related activities, including but not limited to homework, school projects, paperwork and attendance at parent/teacher conferences. d. Plaintiff has made all arrangements for the children to receive their Catholic religious education, to include attending church with them on a regular basis. e. Plaintiff is able to provide a stable environment for the children. 19. Each parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant primary physical custody of the children to the Plaintiff with partial physical custody to the Defendant. Respectfully submitted, DATE D2- V DE Asom& KuTmAras, L.L.P. Kara W. Haggerty, Esq Supreme Court ID No 8 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, KIMBERLY KELL, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, 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 J" ;?"k- /,,/ //yj"?L ERLY KEA a CERTIFICATE OF SERVICE AND NOW, this qY_14 of February 2008, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Wayne Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Respectfully submitted, ABom& KUTULAKIS, L.L.P. CD. Kara W. Haggerty, Esqyu- Supreme Court ID No 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff C? 4 it 4 T J c° -?'t O , r .r. r C M aLL! HI C Oil C1i 1 A rn co d KIMBERLY KELL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DENNIS KELL DEFENDANT 2008-827 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 08, 2008 , 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, March 14, 2008 at 2:00 PM 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. 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/ john . Man an r. E,9 . 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 `1V70 5l",4 Vic? S .C, Rd 8- 83d 80OZ KIMBERLY ANN KELL, Plaintiff V. DENNIS EMERSON KELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-827 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE GG -ACCEPTANCE OF SERVICE AND NOW, this may of February, 2008, I, Wayne Shade, Esquire, hereby certify that I did receive and accept service of the Complaint in Custody in the above captioned matter on behalf of the Defendant, Dennis Kell, and I further certify that I am authorized to do so. Respectfully submitted, D ?TF- 6ALA? P 02 G G F ABOM&KUYVLA"S, L.L.P Wayne Shade, Esquire 53 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 243-0220 Attorney for Defendant ID # /,S7/2 c ? C) C , t v r-; co G?3 3 KIMBERLY ANN KELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. :NO. 08-827 DENNIS EMERSON KELL, Defendant : IN CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please withdraw the appearance of Kara W. Haggerty, Esquire on behalf of the Plaintiff in the above referenced matter. Respectfully Submitted, Dated: IL b? Kara W. Haggerty, E;i(Qui Abom & Kutulaks 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Id. No. 86914 ENTRY OF APPEARANCE Please enter the appearance of Marianne E. Rudebusch, Esquire, on behalf of the Plaintiff in the above referenced matter. Respectfully Submitted, Dated: ' Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 k+,_ . i' C C) = " em. :..-. 7 rjj ''?'' ? ? T7 ON -0 N '-C