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HomeMy WebLinkAbout08-0996 KYLE D. KELLOGG, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. NO. d$- qq6 Ciui ( (el'M CASIE A. KELLOGG, CIVIL ACTION - LAW Defendant. IN DIVORCE AND CUSTODY N O T I C E 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 visitation 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 at Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PRZOVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 r KYLE D. KELLOGG, Plaintiff, vs. CASIE A. KELLOGG, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 4, 9q6 &, j ?eu•-CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with § 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of.yourxight to request counseling. ,, iClIT I(i ; f KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com KYLE D. KELLOGG, Plaintiff, vs. CASTE A. KELLOGG, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. O,F- 9 46 Ct, x l Ti. CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE AND CUSTODY AND NOW comes the above-named Plaintiff, KYLE D. KELLOGG, by and through his attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce and Custody: 1. The Plaintiff is KYLE D. KELLOGG, an adult individual who currently resides at 16 Blue Spruce Drive, Enola Cumberland County, Pennsylvania 17025. 2. The Defendant is CASTE A. KELLOGG, an adult individual who currently resides at 5572 Edsel Street, Lower Paxton, Dauphin County, Pennsylvania 17109. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 11, 2005, in Harrisburg, Dauphin County, Pennsylvania. r 5. The Parties separated on December 4, 2006, when Defendant informed Plaintiff of her desire to be divorced, abandoned all marital bills, and moved out of the marital residence. 6. Neither Plaintiff nor Defendant has been in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(c) of the Divorce Code. 2of5 COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart, and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as specified in § 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(d) of the Divorce Code. COUNT III REQUEST FOR CONFIRMATION OF CUSTODY UNDER 4-4 3104(a)(2) AND 3323(b) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 15. The parties are the parents of the following unemancipated child (hereinafter the "child"), of whom physical custody is shared approximately equally between Plaintiff and Defendant at the current time: NAME AGE SEX D.O.B. Haven L. Kellogg 3 years old Female 6/28/2004 3 of 5 16. During the past five years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES Kyle D. Kellogg 16 Blue Spruce Drive Vanessa Kellogg Enola, PA 17025 David Kellogg Colin Kellogg Carter Kellogg Casie A. Kellogg 5572 Edsel Street Toni Fiscuss Lower Paxton, PA 17109 Bob Fiscuss Tracy Beck Ernie Beck Joyce Decker Courtney Lebo DATES December 4, 2006 - Present August 2007 - Present Casie A. Kellogg Wertzville Road July 2007 - August 2007 Joyce Decker Enola. PA 17025 (Exact street number unknown) Casie A. Kellogg 303 Swatera Street December 4, 2006 - July 2007 Tracy Beck Dauphin, PA 17018 Ernie Beck (Address unverified) Courtney Lebo Kyle D. Kellogg 3010 Marietta Avenue Casie A. Kellogg Lancaster, PA 17601 Kyle D. Kellogg 174 Joya Circle Casie A. Kellogg Harrisburg, PA 17112 Kyle D. Kellogg Casie A. Kellogg Vanessa Kellogg David Kellogg Colin Kellogg Carter Kellogg 16 Blue Spruce Drive Enola, PA 17025 August 2006 - December 2006 July 2005 - August 2006 Birth - July 2005 4of5 17. Plaintiff is requesting that an order be entered granting Plaintiff primary physical custody of the child and shared legal custody of the child. 18. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or another court. 19. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 20. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 19. The best interests and permanent welfare of the child will be served by granting the requested relief. WHEREFORE, Plaintiff respectfully requests that pursuant to §§ 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order awarding Plaintiff shared legal custody and primary physical custody of the child. Respectfully Submitted, KOPE & ASSOCIATES Date: d , Esq. 5 of 5 VERIFICATION I, Kyle D. Kellogg, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. Dated: 11AI a o o8 Kyle . Kellogg ?v l ' Y 01 00 ? d `. ? rv :e ??., ?. INO KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(cb-kopelaw.com KYLE D. KELLOGG, Plaintiff, vs. CASIE A. KELLOGG, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 4F- 9'9& C&?a 7Z.-, CIVIL ACTION - LAW IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is KYLE D. KELLOGG, an adult individual who currently resides at 16 Blue Spruce Drive, Enola, Cumberland County, Pennsylvania 17025 (hereinafter "Plaintiff' or "Father") 2. The Defendant is CASTE A. KELLOGG, an adult individual who currently resides at 5572 Edsel Street, Lower Paxton, Dauphin County, Pennsylvania 17109 (hereinafter "Defendant" or "Mother") 3. Plaintiff seeks primary physical and shared legal custody of the following unemancipated child: Haven L. Kellogg, born June 28, 2004. The child currently resides equally with both parties at their aforementioned addresses. 4. Haven L. Kellogg (hereinafter the "child") was born out of wedlock, although the parties married subsequent to the child's birth. 5. The child is presently residing approximately equally with Plaintiff and Defendant at their respective aforementioned addresses. 1 4 6. During the past five years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES Kyle D. Kellogg 16 Blue Spruce Drive Vanessa Kellogg Enola, PA 17025 David Kellogg Colin Kellogg Carter Kellogg Casie A. Kellogg 5572 Edsel Street Toni Fiscuss Lower Paxton, PA 17109 Bob Fiscuss Tracy Beck Ernie Beck Joyce Decker Courtney Lebo DATES December 4, 2006 - Present August 2007 - Present Casie A. Kellogg Wertzville Road July 2007 - August 2007 Judy Enders Enola. PA 17025 (Exact street number unknown) Casie A. Kellogg 303 Swatera Street December 4, 2006 - July 2007 Tracy Beck Dauphin, PA 17018 Ernie Beck (Address unverified) Courtney Lebo Kyle D. Kellogg 3010 Marietta Avenue Casie A. Kellogg Lancaster, PA 17601 Kyle D. Kellogg Casie A. Kellogg 174 Joya Circle Harrisburg, PA 17112 Kyle D. Kellogg Casie A. Kellogg Vanessa Kellogg David Kellogg Colin Kellogg Carter Kellogg 16 Blue Spruce Drive Enola, PA 17025 August 2006 - December 2006 July 2005 - August 2006 Birth - July 2005 2 7. The mother of the child is Casie A. Kellogg, residing at 5572 Edsel Street, Lower Paxton, Dauphin County, Pennsylvania 17109. She is married but separated. 8. The father of the child is Kyle D. Kellogg, residing at 16 Blue Spruce Drive, Enola Cumberland County, Pennsylvania 17025. He is married but separated. 9. The relationship of Plaintiff to the child is that of Father. Besides the child, Father currently resides the following people: Name Relationship to Father Vanessa Kellogg Mother David Kellogg Father Colin Kellogg Brother Carter Kellogg Brother 10. The relationship of Defendant to the child is that of Mother. Besides the child, Mother currently resides the following people: Name Toni Fiscuss Bob Fiscuss Tracy Beck Ernie Beck Joyce Decker Courtney Lebo Relationship to Mother Aunt Uncle Mother Stepfather Grandmother Sister 11. Plaintiff has not participated as a party in previous litigation concerning the custody of the child. 12. 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. 13. Plaintiff is requesting shared legal and primary physical custody of the child. 3 14. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) Plaintiff has played an instrumental role in the raising of the child since her birth. As such the child is accustomed to constant contact with Plaintiff, and Plaintiff's family; (b) The home in which Defendant currently lives contains seven adults, one child, and multiple pets in an extremely limited spaced. As such, this home has insufficient space to adequately meet the needs of the child; (c) Plaintiff currently resides in the same home as the child resided in at her birth. As such, by granting primary custody to Plaintiff, the child is raised in an environment that will give her security and structure; (d) Plaintiff is able to provide a stable home and emotional environment for the child; and (e) Plaintiff has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so. 15. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been-named as,?parties to this • 44rl action. 4 WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: Award Plaintiff primary physical and shared legal custody of the child. Respectfully Submitted, Dated: KOPE & AS OCIATES By: OIL- Asley/A am, Esq. 5 r VERIFICATION I, Kyle D. Kellogg, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. Dated: ( agA 4 0 41%, Ky D. Kellogg 8 `? c e4? ?. ? ?A..J l ? KYLE D. KELLOGG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-996 CIVIL ACTION LAW CASIE A. KELLOGG IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February 21, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at_ 39 West Main Street, Mechanicsburg, PA 17055 on Monday, March 17, 2008 at 10:30 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. 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/ Dawn S. Sunda Es o. 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 ?? ?; r'1?:iYJzt , 1 ? ?'?? ??v' EE J . _ _ .. ..__?;?'F Vu -2 8 2008,,,. KYLE D. KELLOGG IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-996 CIVIL ACTION LAW CASIE A. KELLOGG Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2008, upon consideration of the attached Custody Conciliation Report, it is rdered and directed as follows: 1. The Father, Kyle D. Kellogg, and the Mother, Casie A. Kellogg, shall have shared legal custody of Haven L. Kellogg, born June 28, 2004. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall share having physical custody of the Child in accordance with the following bi-weekly schedule: A. Week I: During Week I, the Mother shall have custody of the Child from Sunday at 8:00 p.m. through Wednesday and the Father shall have custody from Wednesday through Sunday at 8:00 p.m. B. Week II: During Week II, the Mother shall have custody of the Child from Sunday at 8:00 p.m. through Thursday and the Father shall have custody from Thursday through Sunday at 8:00 p.m. C. On Wednesdays and Thursdays, the exchange time shall be arranged by agreement between the parties. i ,I c t a .?, k I J D. Until the Mother returns to work following the birth of her second child, the Mother shall have custody from Friday evening through Saturday evening two (2) times per month as arranged between the parties with an adjustment or makeup time for the Father. E. The bi-weekly schedule shall begin with the Father having custody on Wednesday, April 2, 2008. 3. The parties shall share having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 2:00 p.m. through Christmas Day at 2:00 p.m., and Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at 2:00 p.m. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Thanksgiving: In every year, the Father shall have custody of the Child over Thanksgiving from Wednesday through Sunday to enable the Father to visit relatives with the Child outside the area. C. Easter: In every year, the Mother shall have custody of the Child for the Easter holiday from Wednesday through Sunday, with the Father having custody of the Child for a few hours during the holiday as arranged by agreement. D. Mother's Dav/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day from 8:00 a.m. until 8:00 p.m. E. Child's Birthday: In every year, the parties shall share having custody of the Child on her birthday based upon the parties' work schedules. F. Memorial Day/July Fourth/Labor Day: The parties shall share or alternate having custody of the Child on Memorial Day, July Fourth and Labor Day as arranged by agreement. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and the vacation schedule. 4. Each parent shall be entitled to have custody of the Child for one (1) full week for vacation each year upon providing at least thirty (30) days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. In the event a party intends to remove the Child from the local area for vacation for an overnight period or longer, that parent shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. 5. Unless otherwise agreed between the parties, the parties shall equally share responsibility for providing transportation for exchanges of custody. 6. The parties shall engage in a course of co-parenting counseling with Anthea Stebbins or other professional selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing and maintaining sufficient communication and cooperation to enable them to effectively co-parent their Child on an ongoing basis. The parties shall cooperate in checking on possible insurance coverage and the availability of the counselor. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at 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. cc: ' Lesley J. Beam, Esquire - Counsel for Father .Andrea H. Duffy, Esquire - Counsel for Mother 00f I ta /YIZI t LL y/a/o8 BY THE COURT, KYLE D. KELLOGG Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CASIE A. KELLOGG Defendant 2008-996 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Haven L. Kellogg June 28, 2004 Mother/Father 2. A custody conciliation conference was held on March 25, 2008, with the following individuals in attendance: the Father, Kyle D. Kellogg, with his counsel, Lesley J. Beam, Esquire, and the Mother, Casie A. Kellogg, with her counsel Andrea H. Duffy, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ?©? Date Dawn S. Sunday, Esquire Custody Conciliator KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibea neftpelaw com KYLE D. KELLOGG, Plaintiff, VS. CASTE A. KELLOGG, Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-996 CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Divorce Complaint in the above-captioned Civil Action for an additional thirty days. Respectfully Submitted, KOPE & AOCITES, LLC e`' i r; By: ', ' ,' ESL . EAM, ESQ. Date: CT Co R1 . .1 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00996 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KELLOGG KYLE D VS KELLOGG CASIE A R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT KELLOGG CASIE A to wit: but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT - DIVORCE Sc CUS County, Pennsylvania, to On April 24th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers- Docketing 18.00 - - Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 35.25 Sheriff of Cumberland County Postage 1.16 ? '1/? P /O ?.. 73.41 04/24/2008 KOPE & ASSOCIATES Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Kyle D. Kellogg vs. Casie A. Kellogg No 08-996 civil No. Now, April 17, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to Sheriff of Sworn and subscribed before me this day of , 20 copy of the original So answers, COSTS SERVICE MILEAGE _ AFFIDAVIT the contents thereof. County, PA ??lit.t of fit: ?erfr Mary Jane Snder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin KYLE D KELLOGG VS CASIE A KELLOGG Sheriffs Return No. 2008-T-0870 OTHER COUNTY NO. 08-996 And now: APRIL 22, 2008 at 1:43:00 PM served the within REINSTATED COMPLAINT IN DIVORCE & CUSTODY upon CASIE A KELLOGG by personally handing to TONI FISCUS 1 true attested copy of the original REINSTATED COMPLAINT IN DIVORCE & CUSTODY and making known to him/her the contents thereof at 5572 EDSEL STREET HARRISBURG PA 17108 AUNT Sworn and subscribed to before me this 22ND day of April, 2008 Aoi? NOTARIAL SEAL MARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Expires Sept 1 2010 So Answers, Sheriff o PWIS By Deputy Sheriff Deputy: G MILLER Sheriffs Costs: $35.25 4/21/2008 Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbrna-tbrnesgu ire. corn Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KYLE D. KELLOGG Plaintiff V. CASIE A. KELLOGG Defendant NO. 08-996 Civil Term CIVIL ACTION - DIVORCE/CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUNSEL 1. Defendant retained Petitioner to represent her in this action and signed a retention agreement. 2. Petitioner's representation of Defendant has resulted in, and will continue to result in, an unreasonable financial burden on Petitioner. 3. Defendant has failed substantially to fulfill an obligation to Petitioner regarding Petitioner's services and has been given reasonable warning that Petitioner will withdraw unless the obligation is fulfilled. 4. Professional considerations require termination of the representation. 5. Opposing counsel concurs in this request. 6. The Honorable J. Wesley Oler entered a custody order in this action. Wherefore, Petitioner respectfully requests the court to grant this Petition to withdraw as counsel for Defendant. Respectfully Submitted, Law Firm of Theresa Barrett Male L A " Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 Petitioner Date: May 7, 2008 2 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Lesley J. Beam, Esquire Kope & Associates 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Attorneys for Plaintiff Casie A. Kellogg c/o Traci Beck 5572 Edsel Street Harrisburg, PA 17109 Defendant ?L-- I - Theresa Barrett Male, Esquire Supreme Court # 46439 Andrea Hudak Duffy, Esquire Supreme Court # 60910 513 North Second Street Harrisburg, Pennsylvania 17101-1058 (717) 233-3220 Petitioner Date: May 7, 2008 are C-7 w r? KYLE D. KELLOGG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CASIE A. KELLOGG, Defendant NO. 08-996 CIVIL TERM ORDER OF COURT AND NOW, this 13`h day of May, 2008, upon consideration of Petitioner's Petition for Leave To Withdraw as Counsel, a Rule is hereby issued upon the Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of the date of this order. BY THE COURT, Theresa Barrett Male, Esq. Andrea Hudak Duffy, Esq. 513 North Second Street Harrisburg, PA 17101-1058 Petitioners Lesley J. Beam, Esq. 4660 Trindle Road Suite 201 Camp Hill, PA 17011 Attorney for Plaintiff ?Casie A. Kellogg c/o Traci Beck 5572 Edsel Street Harrisburg, PA 17109 :rc 120P 1 BS LXL 'v ? C rj*esley Oler, ., 91 •Z Wd C I AVW 6001 301:UO--031Y Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbma-tbmesquire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KYLE D. KELLOGG Plaintiff V. NO. 08-996 Civil Term CASIE A. KELLOGG Defendant CIVIL ACTION - DIVORCE/CUSTODY PETITIONER'S MOTION TO MAKE RULE ABSOLUTE 1. On May 8, 2008, plaintiff and defendant were served with a certified copy of the show-cause order issued on May 13, 2008 by the Honorable J. Wesley Oler in connection with petitioner's request to withdraw as counsel for Plaintiff. 2. The return date has passed without response by either party. 4 Wherefore, Petitioner respectfully requests the court to make the rule absolute and grant her petition to withdraw as counsel for Defendant. Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Petitioner Date: June 6, 2008 2 4 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Lesley J. Beam, Esquire Kope & Associates 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Attorneys for Plaintiff Casie A. Kellogg c/o Traci Beck 5572 Edsel Street Harrisburg, PA 17109 Defendant Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101-1058 (717) 233-3220 Petitioner Date: June 6, 2008 ? G -,O Fn ri 1 Qw) `? C7 S Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbmAUbmesquire.com Petitioner of JUN 18 2008 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KYLE D. KELLOGG Plaintiff V. NO. 08-996 Civil Term CASIE A. KELLOGG Defendant CIVIL ACTION - DIVORCE/CUSTODY ORDER OF COURT AND NOW, June 11 , 2008 the Court GRANTS the Law Office of Theresa Barrett Male leave to withdraw as counsel for Defendant in this proceeding. BY THE COURT: Istribution: Lesley J. Beam, Esq., 4660 Trindle Rd., Ste. 201, Camp Hill, PA 17011 heresa Barrett Male, Esq., 513 N. Second St., Harrisburg, PA 17101 Casie A. Kellogg, c/o Traci Beck, 5572 Edsel St., Harrisburg, PA 17109 120rlFz rnal&iL ?f?a/o8 ` CO r z c- 2: Zt- _ T r, a 1 IA' tt?., L KOPE &. ASSOCIATES, LLC BY: EASLEY J. BEAM, ESQ. ATToO N I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbeamO-kopelaw.com Attorney for Plaintiff KYLE D. KELLOGG, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. NO. 2008-996 CASIE A. KELLOGG, CIVIL ACTION - LAW Defendant. IN CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on February 12, 2008, and reinstated on April 8, 2008. 2. The Complaint was served by Sheriff on an adult member of Defendant's residence on April 22, 2008, pursuant to Pa.R.C.P. 1930.4. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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: -204 .4 , . t ?, A Ky I? . Kellogg Crl mill' KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamOkopelaw.com Attorney for Plaintiff KYLE D. KELLOGG, Plaintiff, vs. CASIE A. KELLOGG, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 2008-996 : CIVIL ACTION - LAW : IN CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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. § 4904 relating to unswom falsification to authorities. 7/ZI /v 8 k'J--' h Date Kyle D. ellogg css c-n KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam *or)elaw.com KYLE D. KELLOGG, Plaintiff, vs. CASIE A. KELLOGG, Defendant. Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-996 CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT AND MODIFICATION Petitioner Kyle D. Kellogg, by and through his attorney, Lesley J. Beam, Esquire of Kope & Associates, LLC, hereby petitions this Honorable Court to enter an Order of Contempt against Respondent, Casie A. Kellogg, because of her violation of this Court's Custody Order by withholding custody of the parties' minor child during Father's periods of custody. Petitioner further petitions this Honorable Court to enter a Court Order granting Petitioner primary physical custody of both of the parties' children, given Mother's disregard of the Order, and Mother's inability to provide an appropriate home environment for the child. In support thereof, Petitioner avers as follows: 1. The Petitioner is Kyle D. Kellogg, residing at 16 Blue Spruce Drive, Enola, Cumberland County, Pennsylvania 17025 (hereinafter "Petitioner" or "Father"). 1 of 8 2. The Respondent is Casie A. Kellogg, who current residence is 5572 Edsel Street, Lower Paxton, Dauphin County, Pennsylvania 17109 (hereinafter "Respondent" or "Mother"). 3. A current custody order is in effect regarding the custody of the following child: Haven L. Kellogg, born June 28, 2004 (currently 4 years old). Said order was dated April 2, 2008, and resulted upon agreement of the parties after conciliation before Conciliator Dawn S. Sunday, Esquire. See Order attached as Exhibit "A". 4. The Order mandates that the parties are to engage in co-parenting counseling, and should cooperate in scheduling and coordinating this counseling. Since the Order went into place, Mother has refused to engage in co-parenting counseling. Father attempted to schedule a session, and Mother did not cooperate or provide any dates when she would be available. As such, Father has not been able to engage in co-parenting counseling. 5. The Order mandates that the parties are to share equal responsibility for transportation, which Mother has not been doing. Father requests that the Order be modified to provide specifically that the person receiving custody will be responsible for picking up the child. 6. Most importantly, however, the Order provides that the parties, who are the natural parents of said child, share physical custody of the child on a 50/50 basis, with a bi-weekly schedule. During the first week, Mother is to have custody of the child from Sunday through Wednesday, and Father is to have custody of the child from Wednesday through Sunday. During the second week, Mother is to have custody of the 2of8 child from Sunday through Thursday, and Father is to have custody of the child from Thursday through Sunday. 7. Exchange time on Sundays per this Order was to be at 8 pm, and the parties were to agree upon an exchange time on Wednesdays and Thursdays. 8. Mother has routinely and blatantly withheld custody of the child despite the schedule mandated by the Order. 9. At the time of the conciliation, the parties anticipated that Mother would be returning to work shortly, and thus Father agreed that Mother could have custody of the child Friday evening through Saturday evening, two times per month with a make-up time made to Father during her custodial periods. Mother has exercised these overnights, but has refused to give make-up time for the time she has taken the child during Father's custodial periods. As a result, Mother has taken over a dozen overnight periods of custody during Father's custodial time without allowing him custodial time during her periods of custody to make that time up. Mother has also failed to return to work, as anticipated. 10. Mother has withheld the child during Father's custodial time. The examples of when she has withheld the child include the following: a. April 20, 2008 - That Sunday, Father dropped off the child a couple of hours early to Mother on the premise he would get this time back. Mother never returned made-up that time. b. April 26, 2008 - Mother used her overnight on Friday, April 25tH, and should have returned the child on that Saturday, April 26tH. She failed to return the child until midday on the 27tH 3 of 8 c. May 10, 2008 - Mother used an optional overnight on Friday, the 9th, and should have returned the child on the 10th. Again, Mother did not return the child, and Father had to arrange to have the child picked up at 2:15 pm on the 12tH. d. June 11, 2008 - The parties had been operating on a mid-week exchange time of 8 pm. Father should have received custody of the child at 8 pm on Wednesday, June 11th. Mother did not return the child, and Father was finally able to pick up the child at 2:15 pm the following day, on the 12tH e. July 5, 2008 - Father generously let Mother have the child one day early, that Saturday, because Mother had planned a birthday party, as Mother said she would make up the time. Father never received any additional time with the child. f. July 31, 2008 - Again, Father let Mother have the child for several hours during his day, because Mother claimed she would make up the time. Father never received any additional time with the child. g. August 2, 2008 - Again, Father let Mother have the child a day early, because she wanted to take the child on a family trip to Dorney Park, and claimed she would make up the time. Father never received any additional time with the child. h. August 31, 2008 - Father returned the child to Mother five hours early, because Mother claimed that she would never return the child again unless Father did what she demanded. L September 1, 2008 - The parties were to share holidays by agreement. Mother took custody of the child on this holiday, and refused to discuss this matter with Father. j. September 3, 2008 - Mother should have dropped the child off by 8 pm this Wednesday; instead, she refused to return the child until September 5th, a full two days after she was to return the child. k. September 17, 2008 - Mother should have dropped the child off by 8 pm this Wednesday; instead, she refused to return the child until September 18tH 4of8 I. October 1, 2008 - Mother should have dropped the child off by 8 pm this Wednesday; instead, she refused to return the child until Thursday, October 2"d m. October 15, 2008 - Mother should have dropped the child off by 8 pm this Wednesday; instead, she refused to return the child until Thursday, October 16t?'. n. October 29, 2008 - Mother should have dropped the child off by 8 pm this Wednesday; instead, she refused to return the child until Thursday, October 30th. 11. Including the overnights that Mother exercised as optional ovemights, which Mother was to make up to Father, Mother has deprived Father of approximately four full weeks of custodial time with the child, and the Order is only seven months old. 12. Father is thus requesting that this Honorable Court find Mother in contempt of the Order, require Mother to provide make-up time to Father, and penalize Mother additionally. 13. Furthermore, Father continues to believe that Mother is not providing a stable and structured atmosphere for the children. Even more individuals have been added to Mother's residence since the conciliation; Mother now shares a three bedroom home with six other adults (her aunt, uncle, grandmother, mother, stepfather, and sister), two children (the child at question and a new baby), and a number of dogs and cats. Father believes that Mother's home environment is unable to provide for the child's health and safety, that is unhygienic and overcrowded, and that the child would benefit from living primarily with Father until Mother has secured a better home environment for the child. 5 of 8 14. Father is concerned that Mother has maintained a constant disregard for the custody Order, and fears that any slight modifications to the Order and requirements of make-up time will not alleviate the problem. 15. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) Father is a constant and stable presence in the child's life. Father has maintained a secure and consistent residence, consisting of himself, his parents and his brothers, Colin and Carter. The residence has sufficient bedrooms and space for everyone to maintain a comfortable and hygienic environment; (b) Mother is currently residing in an overcrowded and unhygienic residence, sharing the residence with six other adults, a child, a baby, and multiple cats and dogs. The child's health and safety needs are not being met in this environment; (c) Mother consistently withholds custody of the child despite the existence of the Order; her willingness to disregard the schedule not only serves to confuse the child, but frustrates the ability of Father to co-parent successfully; and (d) Father has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so. 6of8 WHEREFORE, Father hereby requests that this Honorable Court grant Father primary physical custody of the child. WHEREFORE, Father hereby requests that this Honorable Court find Mother in contempt of the Court Order, and cause her to be held accountable for such. Respectfully Submitted, KOPE & ASS(NIATES, LLC Dated: k? /LI/0 S By: sley a m, 7of8 VERIFICATION I, Kyle D. Kellogg, verify that the statements made in this Petition for Contempt and Modification 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. Dated: /"23 Q A4, D. Kellogg $ of $ 19AR l B Z008,,,? P KYLE D. KELLOGG Plaintiff VS. CASIE A. KELLOGG Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-996 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Kyle D. Kellogg, and the Mother, Casie A. Kellogg, shall have shared legal custody of Haven L. Kellogg, born June 28, 2004. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and foil information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall share having physical custody of the Child in accordance with the following bi-weekly schedule: A. Week I: During Week I, the Mother shall have custody of the Child from Sunday at 8:00 p.m. through Wednesday and the Father shall have custody from Wednesday through Sunday at 8:00 p.m. B. Week II: During Week II, the Mother shall have custody of the Child from Sunday at 8:00 p.m. through Thursday and the Father shall have custody from Thursday through Sunday at 8:00 p.m. C. On Wednesdays and Thursdays, the exchange time shall be arranged by agreement between the parties. D. Until the Mother returns to work following the birth of her second child, the Mother shall have custody from Friday evening through Saturday evening two (2) times per month as arranged between the parties with an adjustment or makeup time for the Father. E. The bi-weekly schedule shall begin with the Father having custody on Wednesday, April 2, 2008. 3. The parties shall share having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 2:00 p.m. through Christmas Day at 2:00 p.m., and Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at 2:00 p.m. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Thanksgiving: In every year, the Father shall have custody of the Child over Thanksgiving from Wednesday through Sunday to enable the Father to visit relatives with the Child outside the area. C. Easter: In every year, the Mother shall have custody of the Child for the Easter holiday from Wednesday through Sunday, with the Father having custody of the Child for a few hours during the holiday as arranged by agreement. D. Mother's DE/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day from 8:00 a.m. until 8:00 p.m. E. Child's Birthday: In every year, the parties shall share having custody of the Child on her birthday based upon the parties' work schedules. F. Memorial Day/July Fourth/Labor Day: The parties shall share or alternate having custody of the Child on Memorial Day, July Fourth and Labor Day as arranged by agreement. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and the vacation schedule. 4. Each parent shall be entitled to have custody of the Child for one (1) full week for vacation each year upon providing at least thirty (30) days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. In the event a party intends to remove the Child from the local area for vacation for an overnight period or longer, that parent shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. 5. Unless otherwise agreed between the parties, the parties shall equally share responsibility for providing transportation for exchanges of custody. 6. The parties shall engage in a course of co-parenting counseling with Anthea Stebbins or other professional selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing and maintaining sufficient communication and cooperation to enable them to effectively co-parent their Child on an ongoing basis. The parties shall cooperate in checking on possible insurance coverage and the availability of the counselor. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at 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. BY THE COURT, 7?"/?-? ?J. cc: Lesley J. Beam, Esquire - Counsel for Father Andrea H. Duffy, Esquire - Counsel for Mother Md ,. court 771, KYLE D. KELLOGG Plaintiff vs. CASIE A. KELLOGG Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-996 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Haven L. Kellogg June 28, 2004 Mother/Father 2. A custody conciliation conference was held on March 25, 2008, with the following individuals in attendance: the Father, Kyle D. Kellogg, with his counsel, Lesley J. Beam, Esquire, and the Mother, Casie A. Kellogg, with her counsel Andrea H. Duffy, Esquire. 3. The parties agreed to entry of an Order in the form as attached. '5 /,z r Date Dawn S. Sunday, Esquire Custody Conciliator CERTIFICATE OF SERVICE I, Julie Wehnert, Paralegal, do hereby certify that on November 10, 2008, 1 served a true and correct copy of the foregoing Petition for Contempt and Modification via first class mail, postage prepaid, addressed as follows: Andrea H. Duffy, Esquire 513 N. 2"d Street Harrisburg, PA 17101 (Attorney for Defendant) +K PE ASSOCIATES, LLC ie Wehnert, Parale al 60 Trindle Road, Suite 201 amp Hill, PA 17011 (717) 761-7573 ??"• ra - 3 -r r i t W ?., ? ? `° ,' . \, s r \, ? i ?,:: ? lam. _. ?? KYLE D. KELLOGG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CASIE A. KELLOGG DEFENDANT 2008-996 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 13, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, December 17, 2008 at 1:00 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/ Dawn S. Sunda Es q. 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 .4 f t?A,? A `?v 5,;t;bl. y 1?4a jkr f /f -5a -hl-11 a -hl ,uNncr S S I Wa ' 1 ltON NOI xiKOWHiOdd 3U :iO 3 'DEC $ S 2008 KYLE D. KELLOGG IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-996 CIVIL ACTION LAW CASIE A. KELLOGG Defendant IN CUSTODY ORDER OF COURT AND NOW, this zZn,- day of c . , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 2, 2008 shall continue in effect as modified by this Order. 2. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 3. The parties shall follow Paragraph 2 A of the April 2, 2008 Order under which the Mother has custody of the Child from Sunday at 8:00 p.m. through Wednesday and the Father has custody from Wednesday through Sunday at 8:00 p.m., without alternating with Week II until such time as the Father has made up twenty-one (21) days of custodial time previously missed. While the parties may agree to use the Week II schedule under Provision 2 B of the prior Order at times, the Father shall receive his full twenty-one (21) make-up days within one (1) year of the date of this Order. 4. This Order is entered pursuant to an agreement of the parties at 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. BY THE COURT, cc: ?esley J. Beam, Esquire - Counsel for Father CC asie A. Kellogg, Mother C eS MaI LL I., ?,, :,?l :4d cz 3-0 ?Cjz i KYLE D. KELLOGG Plaintiff VS. CASIE A. KELLOGG Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-996 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Haven L. Kellogg June 28, 2004 Mother/Father 2. A custody conciliation conference was held on December 17, 2008, with the following individuals in attendance: the Father, Kyle D. Kellogg, and the Mother, Casie A. Kellogg. The Mother advised that she is no longer represented by counsel and the Father's counsel, Lesley J. Beam, was unavoidably detained in Court on another matter. The Father requested that the conference proceed without counsel. 3. The parties agreed to entry of an Order in the form as attached. bt Cep-?a? ?? a Uc?? z;"J, "'e, Date Dawn S. Sunday, Esquire Custody Conciliator LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbeam@kopelaw.com KYLE D. KELLOGG, Plaintiff, vs. CASIE A. KELLOGG, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-996 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on December 4, 2006, when Defendant moved out of the marital residence, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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. § 4904 relating to unsworn falsification to authorities. j2 Date: Kyle /b. Kellogg ?,? 4..7 Ga ??; "?3'?s? r ? `:1 -? ?f r «_ ,r KYLE D. KELLOGG VS. CASIE A. KELLOGG IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 2008-996 CIVIL TERM 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: xAdCRkx 3301(d) (1) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Complaint was personally served by Sheriff on Toni Fiscus, gn adult Member of 3. Complete either paragraph (a) or (b). the family,, on Apr i l l 22 , 2 0 0 8 . a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff_ ; by defendant b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: February 24, 2009 (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Filed: February 26, 2009 Served: March 3, 2009 4. Related claims pending: None 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praeaipe to transmit record, a copy of which is attached: Mailed 3 / 3 / 2 0 0 9 b. Date of plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice }n 3301 (c) divorce was filed with the Prothonotary: b i Shane R Kope, Esq oamb X Jiviaen, Esq. ¦ Lesley J. Beam, Esq. K 0 P E ASSOCIATES LAW OFFICES LLC March 3, 2009 Casie A. Kellogg 5572 Edsell Street Harrisburg, PA 17108 Re: Kellogg v. Kellogg No. 2008-9% Dear Ms. Kellogg, Enclosed please find an Affidavit under § 3301(d) of the Divorce Code that has been executed by Mr. Kellogg and filed in the above referenced matter. Also enclosed is a Notice of Intention to Request a Divorce Decree. Thank you for your attention to this matter. Sincerely, KOPE & ASSOCIATES, LLC je Wehnert Paralegal ? r. Enclosures Smart Representation 4660 Trindle Road ¦' SUi!te 201 ¦ Camp Hill, PA i7ou F 717.761.75t ¦ F- 717.761.7572m kopelaw.com • • LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 ibeam@kopelaw.com Attorney for Plaintiff KYLE D. KELLOGG, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA VS. CASIE A. KELLOGG, Defendant. NO. 2008-996 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: CASTE A. KELLOGG Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after March 20, 2009, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the courtlcan enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 0 KYLE D. KELLOGG, Plaintiff, VS. CASIE A. KELLOGG, Defendant. 11 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 2008-996 CIVIL ACTION -LAW IN DIVORCE AND CUSTODY( COUNTER-AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE', CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i),' (ii), or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. [ 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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: Casie A. Kellogg NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. -r { .l N C= C= -n rv1, r- FrI Yf KYLE D. KELLOGG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CASIE A. KELLOGG, Defendant NO. 08-996 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of March, 2009, upon consideration of Plaintiff's Praecipe To Transmit Record, and it appearing that Plaintiff's notice of intent and affidavit under Section 3301(d) of the Divorce Code were served simultaneously, in contravention of the holding in Burdick v. Burdick, 41 Cumberland L.J. 64 (1991) (Bayley, J.), a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and file a new praecipe to transmit. esley J. Beam, Esq. 4660 Trindle Road Suite 201 Camp Hill, PA 17011 Attorney for Plaintiff :rc BY THE COURT, 80 :11 Ida E- 8dv 6ooz 30 L-1-0? IN THE COURT OF COMMON PLEAS OF KYL D. KELLOGG : CUMBERLAND COUNTY, PENNSYLVANIA V. CA IE A. KELLOGG NO. 2008-996 DIVORCE DECREE AND NOW, M z Z Zvb , it is ordered and decreed that KY E D. KELLOGG , plaintiff, and CA IE A. KELLOGG , defendant, are divorced from the bond of matrimony. Any existing spousal support order shall hereafter be deemed an order for alim ny pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for w ich a final order has not yet been entered. Those claims are as follows: (If no clai s remain indicate "None.") Non By the Court, ,-4• ;[y eo? -5? gl -,Of r ?. Ilk,