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HomeMy WebLinkAbout04-1224MARIANNA LEE KELLEY Plaintiff V. SHAWN PATRICK KELLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- ) ?Z 9'q CIVIL TERM CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Marianna Lee Kelley, Plaintiff, to proceed in forma ap uperis. I, Jessica Diamondstone, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jessic iamondstone Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 MARIANNA LEE KELLEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04 - CIVIL TERM SHAWN PATRICK KELLEY, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Marianna Kelley. Plaintiff's permanent residence is 1336 Grandview Court, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Shawn Kelley, residing at Recovery House, 100 Chambersburg Street, Gettysburg, Adams County, Pennsylvania 17325-1111. 3. The plaintiff seeks custody of the minor children: Name Jocelynn Kelley Present Residence 1336 Grandview Court Carlisle, PA 17013 Age 6/2/02 DOB, 20 months old Ethen Kelley 1336 Grandview Court Carlisle, PA 17013 10/8/03 DOB, 4 %2 months old Both children, Jocelynn Kelley and Ethen Kelley, were born during the parties' marriage. The children are presently in the custody of the plaintiff, who is the biological mother and resides at 1336 Grandview Court, Carlisle, Pennsylvania 17013. During the child, Jocelynn Kelley's lifetime, she has resided with the following persons and at the following addresses: Name Address Date Marianna Lee Kelley 9 East Countryside Drive Birth - 7/02 Shawn Patrick Kelley Boiling Springs, PA 17007 Jay Smyser Yarira Torres Marianna Lee Kelley 9 East Countryside Drive 7/02 - 8/02 Shawn Patrick Kelley Boiling Springs, PA 17007 Jay Smyser Marianna Lee Kelley 9 East Countryside Drive 8/02 - 10/02 Shawn Patrick Kelley Boiling Springs, PA 17007 Jay Smyser Mike Patton Melissa Patton Annika Patton Marianna Lee Kelley 9 East Countryside Drive 10/02 - 10103 Shawn Patrick Kelley Boiling Springs, PA 17007 Jay Smyser Marianna Lee Kelley 9 East Countryside Drive 10/03 - 11/03 Shawn Patrick Kelley Boiling Springs, PA 17007 Ethen Kelley Jay Smyser Marianna Lee Kelley Confidential Address 11/03 - 12/03 Ethen Kelley Jay Smyser Marianna Lee Kelley 1336 Grandview Court 12/03 - present Ethen Kelley Carlisle, PA 17013 Jay Smyser During the child, Ethen Kelley's lifetime, he has resided with the following persons and at the following addresses: Name Marianna Lee Kelley Shawn Patrick Kelley Jocelynn Kelley Jay Smyser Marianna Lee Kelley Jocelynn Kelley Jay Smyser Marianna Lee Kelley Jocelynn Kelley Jay Smyser Address Date 9 East Countryside Drive Birth to 11/03 Boiling Springs, PA 17007 Confidential address 11103 to 12/03 1336 Grandview Court 12/03 to present Carlisle, PA 17013 The mother of the children is, Marianna Lee Kelley, currently residing at 1336 Grandview Court, Carlisle, Pennsylvania 17013. She is separated from the defendant. The defendant is Shawn Patrick Kelley, currently residing at Recovery House, 100 Chambersburg Street, Gettysburg, Pennsylvania 17325-1111. He is separated from the plaintiff. 4. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons: Name Jocelynn Kelley Ethen Kelley Jay Smyser Relationship Daughter with Defendant Son with Defendant Son 5. It is unknown with whom the defendant currently resides other than the other residents at Recovery House. 6. 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 another court. 7. The plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to the following: a) The mother has provided for the children's emotional, physical, educational, and medical needs including establishing a stable home environment for children, and she can continue to provide for the children. b) The mother is the parent who can best facilitate any interaction between the children and the defendant. c) The defendant has not acted in the best interest of.the children in ways including but not limited to the following: i) The defendant has a volatile temper that he does not control with the plaintiff or in front of the children, creating an unsafe atmosphere for the children. ii) The defendant is residing in the Recovery House in Gettysburg, Pennsylvania and cannot provide a stable residence for the children. iii) The defendant has problems with drug addiction and has been unable to maintain employment for an extended period of time. Consequently, the defendant is unable to provide for the day-to- day care and needs of the children. iv) The defendant has used illegal drugs and been under the influence of illegal drugs while alone with the children. 10. The mother requests that the court order the following: a. Grant her primary physical and legal custody of the child. b. Grant the defendant periods of partial custody while at Recovery House, at times agreed upon by the parties and with no overnight visits. This schedule can be modified through a conciliation upon the defendant's release from Recovery House. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the plaintiff requests this Court a. Grant her primary physical and legal custody of the child. b. Grant the defendant periods of partial custody at times agreed upon by the parties and with no overnight visits until he is released from Recovery House, at which time the defendant can seek a modification through a custody conciliation. C. Any additional relief the Court feels just and proper. Respectfully s fitted Jessica am ndstone Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 MARIANNA LEE KELLEY Plaintiff V. SHAWN PATRICK KELLEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - CUSTODY AFFIDAVIT OF SERVICE BY MAIL CIVIL TERM I, Jessica Diamondstone, do hereby swear that I served Shawn Patrick Kelley with a Complaint For Custody on Matte a3 restricted delivery, to the person and address below: Shawn Patrick Kelley C/o Recovery House , 2004 by certified mail, return receipt, 100 Chambersburg Street Gettysburg, Pennsylvania 17325-1111 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service 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 unworn falsification to authorities. Date: 3 c13 0-1 Signature: VERIFICATION The above-named PLAINTIFF, Marianna Lee Kelley, verifies that the statements made in the above complaint For custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ??0 Date: f?a 4Mari anna L4'Kell MARIANNA LEE KELLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-1224 CIVIL ACTION LAW SHAWN PATRICK KELLEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday March 29 2004 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, 4th Floor Cumberland County Courthouse, Carlisle on Friday, April 16, 2004 at 10:30 AM at for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert Y- Q M Y. Flo mnc 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 AT'T'ORNEY 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 `vii nI?S?L? rr 6E :1 Nd oc ?vw z .k6`1-t);Y0N10dd 3Hi da 01da0-Glld APR 1 9 2004 MARIANNA LEE KELLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SHAWN PATRICK KELLEY, : NO. 04 -1224 Defendant : IN CUSTODY COURT ORDER AND NOW, this LC ? day of April, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as folllows: 1. The mother, Marianna Lee Kelley, and the father, Shawn Patrick Kelley, shall enjoy shared legal custody of Jocelynn Kelley, born June 2, 2002 and Ethen Kelley, born October 8, 2003. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody with the minor children as follows: a. On one weekend per month from Saturday at 10:00 a.m. until Sunday at 5:00 p.m. b. On the other weekends, on either a Saturday or Sunday from 1:00 p.m. until 5:00 p.m. c. At such other times as agreed by the parties. 4. For purposes of exchange of visitation, it is anticipated that father's parents will facilitate transportation for exchange of visitation, and the mother is authorized to release the minor children to the father's parents. 5. The parties shall generally share or alternate custody of the minor children on holidays pursuant to a schedule agreed to by the parties. However, for the Christmas holiday, the father shall have custody of the minor children from December 23 at 6:00 p.m. until December 24 at 9:00 p.m. Mother shall have CNJ 0 N tt,? Q= ii_ 41,11 CL a L) custody of the minor children from December 24 at 9:00 p.m. through Christmas day and at least until the morning of December 26. 6. The parties may modify this custody order as they agree. Absent an agreement between the parties, the order shall control. In the event that either party desires to modify this order, that party may contact the custody conciliator directly to schedule a custody conciliation conference in the case. cc: Jessica Diamondstone, Esquire Jay Braderman, Esquire BY THE COURT, g L U J?- APY9 2004 MARIANNA LEE KELLEY, Plaintiff v SHAWN PATRICK KELLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 04 -1224 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jocelynn Kelley, born June 2, 2002, Ethen Kelley, born October 8, 2003. 2. A Conciliation Conference was held on April 16, 2004, with the following individuals in attendance: The mother Marianna Lee Kelley, with her counsel Jessica Diamondstone, Esquire and the Attorney Jay Braderman, who appeared on behalf of the father, Shawn Patrick Kelley. 3. The parties agree to the entry of an order in the form as attached. __V? ?1,4 DATE i Hubert X. Gilroy/ squire Custody Conciliator MARIANNA LEE KELLEY, Plaintiff v SHAWN PATRICK KELLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 -1224 IN CUSTODY COURT ORDER AND NOW, this c?,3, day of November, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 1 of the Cumberland County o2q? 5 Courthouse on the IPA day of 2N4 at _.m. At this hearing, the only issue which will be addressed is whether the minor children shall be required to visit the father in prison. Father shall proceed initially with testimony. 2. Pending further order of this Court, this Courts prior order of April 26, 2004 shall remain in effect. BY THE COURT, cc: JCssica Diamondstone, Esquire „may Braderman, Esquire 0. Ij ??-a?? -0 J M C'7 ? t ? MARIANNA LEE KELLEY, Plaintiff v SHAWN PATRICK KELLEY, Defendant Prior Judge: J. Wesley Oler, Jr. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 -1224 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Joselynn Kelley, born June 2, 2002, and Ethen Kelley, born October 8, 2003. 2. A Conciliation Conference was held on November 4, 2004, with the following individuals in attendance: The mother, Marianna Lee Kelley, with her counsel, Jessica Diamondstone, Esquire, and Attorney Jay Braderman, who appeared on behailf of the father, Shawn Patrick Kelley. Also in attendance were the father's parents. 3. The father is currently incarcerated in the Cumberland County Prison awaiting sentencing on a theft charge. He also, apparently, has a parole revocation sentence to serve in Butler County. There is an existing custody order from April 2004 granting father periods of temporary custody. Mother is unwilling to let the minor children visit the father in prison even though the l'ather's parents have offered to handle all travel accommodations. Father desires to have the children come to visit him in prison in an effort to keep contact between himself and the children and in an effort to ensure that he has some incentive relative to rehabilitation. 4. Because of the disagreement of the parties on this issue, a hearing is required. The Conciliator recommends an order in the form as attached. r DATE Hubert X. Gilroy, Es 're Custody Conciliator MARIANNA LEE KELLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SHAWN PATRICK KELLEY, . Defendant : NO. 04-1224 CIVIL TERM ORDER OF COURT AND NOW, this 4`h day of March, 2005, upon consideration of the attached letter from Jay R. Braderman, Esq., attorney for Defendant, the hearing previously scheduled for March 10, 2005, is cancelled. BY THE COURT, -kssica Diamondstone, Esq. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorney for Plaintiff ?y R. Braderman, Esq. 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 Attorney for Defendant J?LVesley Oler, Jr., J. 'J 0 3 -0') 05 :rc .. ? i{ ?... ,. is ., ;: ='-;i JAY R. BRADERMAN ATTORNEY AT LAW 126 LOCUST STREET P. O. BOX 11489 HARRISBURG, PENNSYLVANIA 17108-1489 Rose Ann Fritz Legal Assistant (717) 232-6600 TELEFAX (717) 238-3816 March 2, 2005 Honorable J. Wesley Oler, Jr. Court of Common Pleas of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE: Marianna Lee Kelley v. Shawn Patrick Kelley Court of Common Pleas of Cumberland County No. 04-1224 - In Custody Dear Judge Oler: As you know, I represent the Defendant, Shawn Patrick Kelley, in the above- referenced matter. Mr. Kelley's parents, Babetta and Richard Kelley, have been pursuing this matter on Shawn Kelley's behalf. I have been advised that the Kelleys wish to cancel the hearing scheduled before you on Thursday, March 10, 2005 at 1:30 p.m. I have spoken to counsel for Plaintiff, Jessica Diamondstone, who has subsequently spoken to her client, and both are unopposed to canceling the hearing. There is in existence a Custody Order dated April 26, 2004 signed by Your Honor and we desire that it remain in effect. We are withdrawing Defendant's Request to Modify the April 26, 2004 Order. JRB/raf cc: Jessica Diamondstone, Mr. & Mrs. Richard Ke J MARIANNA LEE KELLEY, Plaintiff V. SHAWN PATRICK KELLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1224 IN CUSTODY PRAECIPE TO WITHDRAW DEFENDANT'S REQUEST TO MODIFY ORDER OF APRIL 26, 2004 To The Prothonotary: Please mark Defendant's Request to Modify the April 26, 2004 Order voluntarily withdrawn by Defendant. Date: Jay R. T anrEsquire Id. . 07 Box 9 1 6 ocuet Harrisburg, PA 17108-1489 (717) 232-6600 Attorney For Defendant CERTIFICATION I hereby certify that I a1n this day serving a true and correct copy of the attached Praecipe on the following individual by First Class U.S. Mail addressed as follows: Jessica Diamondstone, Esquire Mid-Penn Legal Services 8 Irvine Road Carlisle, PA 17013 Date: 3 1? Harrisburg, PA 17108-1489 (717) 232-6600 Attorney For Defendant 11. U. 150X 11481] 126 Locust Street `F1_E? --ICE 2010 APP -5 PM 3: 26 Jay R. Braderman, Esquire Attorney LD. No. 07047 Lavery, Faherty, Young & Patterson, P.C. 225 Market Sheet Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys for Defendant MARIANNA LEE KELLEY (NOW HOROWITZ), Plaintiff V. SHAWN PATRICK KELLEY, Defendant CUM>"., , , t ?rJutiY PCt Y1J, Ai N !A : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1224 CIVIL ACTION - LAW CUSTODY . STIPULATION AND NOW, this day of !u , 2010, having reached an agreement to modify the parties' prior Custody Agreement entered as a Court Order on April 26, 2004, to the above term and number; and wanting to further define their physical and legal custodial responsibilities as parents in the best interests of their minor children, JOCELYNN KELLEY (DOB 6/02/2002) and ETHAN KELLEY (DOB 10/08/2003), the parties hereto, MARIANNA LEE HOROWITZ, Mother, and SHAWN PATRICK KELLEY, Father, agree and stipulate and request this Stipulation be entered as an Order of Court upon the terms and conditions as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their children. a. Major parental decisions concerning their children, including, but not limited to, their children's health, medical, dental & orthodontic treatment, mental health treatment, education, religious training and upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy, in their children's best interests. b. Each parent has the duty to obtain and is entitled to complete and full information from their children's doctor, dentist, teacher, professional or authority and is entitled to have copies of any reports or information given to either parent, in accordance with 23 Pa.C.S.A. §5309. C. Each parent shall execute any and all legal authorizations- so that the other parent may obtain information from their children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. d. The parents shall, in advance, attempt to mutually agree regarding the following matters: their children's enrollment or termination in a particular school or school program, advancing or holding their children back in school, authorizing enrollment in college, authorizing their children's driver's license or purchase of an automobile, authorizing employment, authorizing either child's marriage, enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. e. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their children. 2. No Conflict Zone: a. The parents shall not alienate the affections of their children from the other parent and the other parent's extended family and shall make a special conscious effort not to do so and to the extent possible prevent third parties from alienating the children's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No-Conflict Zone for their children and refrain from making derogatory comments about the other parent in the presence of their children and to the extent possible, shall not permit third parties from making such comments in the presence of their children while in their physical custody, whether they are sleeping, awake or in another room. C. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. 3. 4 d. Each parent shall refrain from encouraging their children to provide reports about the other parent. Communication should always take place directly between parents, never using their children as an intermediary. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their children., b. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of an activity or circumstance concerning their children that could reasonably be expected to be of concern to the other parent. C. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall immediately inform the other about the emergency. d. The parent with physical custodial responsibilities for their children during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. Physical Custodial Responsibility Schedule: a. Mother and Father shall share physical custody of their children as follows: 1. Alternating weeks with each parent (week "on", week "off"). A week is defined as Sunday at 8:00 PM to the following Sunday at 8:00 PM. 2. For the alternating weeks that the parent does not have physical custody of the children, he or she shall have partial physical custody of their children on Wednesdays from 6:00 PM to Thursday mornings at 8:00 AM. b. Summer: Each parent shall be allowed to select an exclusive one-week vacation time period with their children uninterrupted. The week selected shall be that parent's regularly scheduled week of custody of the children. The vacation week cannot be scheduled that would result in the other parent missing a holiday period of custody. C. Holidays: 1. Thanksgiving School Holiday: In even-numbered years Father will have physical custody of their children on Thanksgiving from Wednesday at 4:00 PM to Friday at 6:00 PM, alternating with Mother on odd-numbered years. 2. Christmas: In even-numbered years Mother will have physical custody of their children for Segment A (December 24th at 12:00 noon until December 25th at 12:00 noon) and Father will have physical custody of their children for Segment B (December 25th at 12:00 noon until December 26th at 12:00 noon). In odd- numbered years Father will have physical custody of their children for Segment A and Mother will have physical custody of their children for Segment B as above-described. 3. Other Holidays: Mother will have physical custody of their children in even-numbered years and Father will have physical custody of their children in odd-numbered years for the following holidays: Memorial Day and Labor Day. Father will have custody of their children in even-numbered years and Mother will have physical custody of their children in odd-numbered years for the following holidays: Easter and July 4th. The holiday schedule shall take precedence over the regular custody schedule. Holidays shall be from 9:00 AM to 8:00 PM. d. Mother's Day and Father's Day: Mother will have physical custody of their children on Mother's Day and Father will have physical custody of their children on Father's Day. 5. The parents shall organize ways for their children to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may be in. Each parent shall confer with the other parent before arranging regularly occurring extracurricular activities for their children which might interfere with regular visitation. 6. Toys, clothes, electronic devices, etc. shall not become matters of contention between the parents as these generally are the children's property, not the parents, entitling the toys, clothes, electronic devices, etc. to be taken by the children and back with the children between the different households, as reasonably appropriate. 7. The parents shall permit and support their children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 8. Child Care Providers: Each parent shall exercise care in responsibly choosing babysitting/child-care providers. Each parent has the right of veto over child- care providers if the objection is reasonable. The telephone numbers of these child- care providers shall be provided by both parents to each other. 9. Accessibility: Parents shall provide one another with a phone number and address where their children may be contacted at all times, whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Should either party have their children spend overnight at a place other than their primary residence, the other parent will be given the address and phone number. 10. Illegal Drugs and Alcohol: The parents, during any period of custodial responsibility shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure that other household members and/or houseguests comply with this prohibition. 11. Tobacco: Neither party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of the children. 12. Electronic Contact Each parent shall be entitled to reasonable telephone, e-mail and/or text messaging contact with their children that shall not be excessive when in the custody of the other parent. Each parent should be promptly and politely responsive to the other parent's telephone calls, text messages and a-mails concerning parenting issues. 13. Relocation: Neither parent shall permanently relocate if the relocation is to a new residence in excess of fifty (50) miles from their current residence without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 14. Paternal Grandparents: The parents recognize that the paternal grandparents, Babetta and Richard Kelley, have been an integral part of and involved in all aspects of the children's lives, spiritually, emotionally and financially. Moreover, to the credit of Mother and Father and with their permission, the paternal grandparents have had and continue to enjoy significant physical custodial time with the children. As such, the parties hereto agree that should either or both of them not be available to exercise their custodial rights under this Stipulation, then the paternal grandparents or the survivor of them shall exercise that parent's or parents' custodial rights to the children. 14. Modification: It is understood and stipulated by the parties that upon mutual agreement an expanded or altered schedule may be agreed upon between the parties and that such mutual agreement would be in the best interests of the children. 15. The parties hereto respectfully request the within Stipulation be entered as an Order of Court without the necessity for a hearing. IN WITNESS WHEREOF, the parties intending to be legally bound, agreeing to the 15 paragraphs as stated above, have hereunto set their hands and seals the day and year hereafter set forth. WITNESS: rianna Lee Hor witz 3 ?.2 (2 - /Z..) Dated Shawn Patrick Kelley J- zss -1d Dated A b '1010 MARIANNA LEE KELLEY (NOW HOROWITZ), Plaintiff v. SHAWN PATRICK KELLEY, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1224 CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this _ (of 2010, the parents having reached an agreement regarding the physical and legal custodial responsibilities in the best interests of their minor children, JOCELYNN KELLEY (DOB 6/02/2002) and ETHAN KELLEY (DOB 10/08/2003), it is hereby ORDERED AND DECREED that the custodial arrangement for the minor children shall be as outlined in the attached Stipulation and Agreement of Custody. BY THE COURT: ?o?a i¢s vrL? ? 1vtL -ry != :r- --i f a = a MARIANNA LEE KELLEY IN THE COURT (NOW HOROWITZ), CUMBERLAND Plaintiff v. SHAWN PATRICK KELLEY Defendant NO. 04-1224 CIVIL ACTION CUSTODY OF COMMON PLEAS c, COUNTY, PENNSYLWiNIA -x rn rico z cJ — LAW PREVIOUS JUDGE: Hon. Wesley Oler PLAINTIFF'S PETITION FOR MODIFICATION OF A CUSTODY ORDER c_. CZ The Petitioner is Marianna Horowitz, f/k/a Marianna Lee Kelley, Plaintiff in the above -captioned action, and Mother of the minor children, with a current address of 753 S. 21' Street, Harrisburg, Dauphin County, PA 17104. 2. The Defendant is Shawn Patrick Kelley, in the above -captioned action, and Father of the minor children, who is currently incarcerated at the SCI Houtzdale, PA, LC 7756, PO Box 1000, Houtzdale, PA 16698. 3 The Petition of Plaintiff respectfully represents that on the April 6, 2010, an Order of Court was entered by the Honorable Wesley Oler, pursuant to a Stipulation filed on March 25, 2010, for the custody and visitation of the subject minor children, Jocelynn Kelley (DOB: June 2002) and Ethan Kelley, (DOB: October 2003), a true and correct copy of which is attached hereto and marked as Exhibit "A". 4. The subject children's paternal grandparents, Babetta and Richard Kelley, with an address of 1248 York Road, Mechanicsburg, Cumberland County, PA 17055, currently have physical custody of the children, and are also known to have and to claim a right to custody of the subject children. t -Od /A PO- 5. This Order should be modified because: The children's paternal grandparents, Babetta and Richard Kelley, have been exercising primary legal and physical custody of the subject children since approximately April 2012. B. The Petitioner/Mother now maintains stable employment and housing in Dauphin County, PA. C. It would be in the children's best interests for a relationship with their natural Mother to be strengthened. D. It would be in the children's best interests to be subject to a regular schedule of partial physical custodial periods with their natural Mother. WHEREFORE, Petitioner/Mother respectfully requests that the Court modify the existing Order so as to provide additional custodial periods for Petitioner/Mother. Dated: June M , 2014 VERIFICATION I, Marianna Horowitz, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Petition for Modification of Custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ria*Ya I-loro Dated: June 9' , 2014 MARIANNA LEE KELLEY (NOW HOROWITZ), Plaintiff v. SHAWN PATRICK KELLEY, Defendant ti Z010 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1224 CIVIL ACTION - LAW : CUSTODY ORDER OF COURT AND NOW, this (6 14 day of 2010, the parents having reached an agreement regarding the physical and legal custodial responsibilities in the best interests of their minor children, JOCELYNN KELLEY (DOB 6/02/2002) and ETHAN KELLEY (DOB 10/08/2003), it is hereby ORDERED AND DECREED that the custodial arrangement for the minor children shall be as outlined in the attached Stipulation and Agreement of Custody. BY THE COURT: ut;cL ecrc-' Ifebo 6•A Jay R. Braderman, Esquire Attorney 1.0. No. 07047 Lavery Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P. 0, Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6833 Fax: 717-233-7003 Attorneys for Defendant MARIANNA LEE KELLEY (NOW HOROWITZ), Plaintiff v. SHAWN PATRICK KELLEY, Defendant AND NOW, this ,FILEry_i:,)h•ricE 2010 APR -5 PM 3: 28 COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1224 CIVIL ACTION - LAW : CUSTODY .11/- STIPULATION day of 1144-44-1 , 2010, having reached an agreement to modify the parties' prior Custody Agreement entered as a Court Order on April 26, 2004, to the above term and number; and wanting to further define their physical and legal custodial responsibilities as parents in the best interests of their minor children, JOCELYNN KELLEY (DOB 6/02/2002) and ETHAN KELLEY (DOB 10/08/2003), the parties hereto, MARIANNA LEE HOROWITZ, Mother, and SHAWN PATRICK KELLEY, Father, agree and stipulate and request this Stipulation be entered as an Order of Court upon the terms and conditions as follows: 1, Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their children. a. Major parental decisions concerning their children, including, but not limited to, their children's health, medical, dental & orthodontic treatment, mental health treatment, education, religious training and upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy, in their children's best interests. b. Each parent has the duty to obtain and is entitled to complete and full information from their children's doctor, dentist, teacher, professional or authority and is entitled to have copies of any reports or information given to either parent, in accordance with 23 Pa.C.S.A. §5309. c. Each parent shall execute any and all legal authorizationsso that the other parent may obtain information from their children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. d. The parents shall, in advance, attempt to mutually agree regarding the following matters: their children's enrollment or termination in a particular school or school program, advancing or holding their children back in school, authorizing enrollment in college, authorizing their children's driver's license or purchase of an automobile, authorizing employment, authorizing either child's marriage, enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. e. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their children. 2. No Conflict Zone: a. The parents shall not alienate the affections of their children from the other parent and the other parent's extended family and shall make a special conscious effort not to do so and to the extent possible prevent third parties from alienating the children's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No -Conflict Zone for their children and refrain from making derogatory comments about the other parent in the presence of their children and to the extent possible, shall not permit third parties from making such comments in the presence of their children while in their physical custody, whether they are sleeping, awake or in another room. c. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. d. Each parent shall refrain from encouraging their children to provide reports about the other parent. Communication should always take place directly between parents, never using their children as an intermediary. 3. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their children. b. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of an activity or circumstance concerning their children that could reasonably be expected to be of concern to the other parent. c. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall immediately inform the other about the emergency. d. The parent with physical custodial responsibilities for their children during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. 4. Physical Custodial Responsibility Schedule: a. Mother and Father shall share physical custody of their children as follows: 1. Alternating weeks with each parent (week "on", week "off"). A week is defined as Sunday at 8:00 PM to the following Sunday at 8:00 PM. 2. For the alternating weeks that the parent does not have physical custody of the children, he or she shall have partial physical custody of their children on Wednesdays from 6:00 PM to Thursday mornings at 8:00 AM. b. Summer: Each parent shall be allowed to select an exclusive one-week vacation time period with their children uninterrupted. The week selected shall be that parent's regularly scheduled week of custody of the children, The vacation week cannot be scheduled that would result in the other parent missing a holiday period of custody. c. Holidays: 1. Thanksgiving School Holiday: In even -numbered years Father will have physical custody of their children on Thanksgiving from Wednesday at 4:00 PM to Friday at 6:00 PM, alternating with Mother on odd -numbered years. 2. Christmas: In even -numbered years Mother will have physical custody of their children for Segment A (December 24th at 12:00 noon until December 25th at 12:00 noon) and Father will have physical custody of their children for Segment B (December 25th at 12:00 noon until December 26th at 12:00 noon). In odd - numbered years Father will have physical custody of their children for Segment A and Mother will have physical custody of their children for Segment B as above-described. 3. Other Holidays: Mother will have physical custody of their children in even -numbered years and Father will have physical custody of their children in odd -numbered years for the following holidays: Memorial Day and Labor Day. Father will have custody of their children in even -numbered years and Mother will have physical custody of their children in odd -numbered years for the following holidays: Easter and July 4th. The holiday schedule shall take precedence over the regular custody schedule. Holidays shall be from 9:00 AM to 8:00 PM. d. Mother's Day and Father's Dav: Mother will have physical custody of their children on Mother's Day and Father will have physical custody of their children on Father's Day. 5. The parents shall organize ways for their children to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may be in. Each parent shall confer with the other parent before arranging regularly occurring extracurricular activities for their children which might interfere with regular visitation. 6, Toys, clothes, electronic devices, etc. shall not become matters of contention between the parents as these generally are the children's property, not the parents, entitling the toys, clothes, electronic devices, etc. to be taken by the children and back with the children between the different households, as reasonably appropriate. 1 7. The parents shall permit and support their children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 8. Child Care Providers: Each parent shall exercise care in responsibly choosing babysitting/child-care providers. Each parent has the right of veto over child- care providers if the objection is reasonable. The telephone numbers of these child- care providers shall be provided by both parents to each other. 9. Accessibility: Parents shall provide one another with a phone number and address where their children may be contacted at all times, whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Should either party have their children spend overnight at a place other than their primary residence, the other parent will be given the address and phone number. 10. Illegal Drugs and Alcohol: The parents, during any period of custodial responsibility shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure that other household members and/or houseguests comply with this prohibition. 11. Tobacco: Neither party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of the children. 12. Electronic Contact Each parent shall be entitled to reasonable telephone, e-mail and/or text messaging contact with their children that shall not be excessive when in the custody of the other parent. Each parent should be promptly and politely responsive to the other parent's telephone calls, text messages and e-mails concerning parenting issues. 13. Relocation: Neither parent shall permanently relocate if the relocation is to a new residence in excess of fifty (50) miles from their current residence without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 14. Patemal Grandparents: The parents recognize that the patemal grandparents, Babette and Richard Kelley, have been an integral part of and involved in all aspects of the children's lives, spiritually, emotionally and financially. Moreover, to the credit of Mother and Father and with their permission, the patemal grandparents have had and continue to enjoy significant physical custodial time with the children. As such, the parties hereto agree that should either or both of them not be available to exercise their custodial rights under this Stipulation, then the paternal grandparents or the survivor of them shall exercise that parent's or parents' custodial rights to the children. 14. Modification: It is understood and stipulated by the parties that upon mutual agreement an expanded or altered schedule may be agreed upon between the parties and that such mutual agreement would be in the best interests of the children. 15. The parties hereto respectfully request the within Stipulation be entered as an Order of Court without the necessity for a hearing. IN WITNESS WHEREOF, the parties intending to be legally bound, agreeing to the 15 paragraphs as stated above, have hereunto set their hands and seals the day and year hereafter set forth. WITNESS: Dated Shawn Patrick Kelley 3 - 15 -/d Dated MARIANNA LEE KELLEY (NOW HOROWITZ), v. SHAWN PATRICK KELLEY Defendant Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1224 CIVIL ACTION – LAW CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION C2J c_ O r C c) r) - -71 rn— r– . - _ a I, Marianna Lee Kelley n/k/a Marianna Lee Horowitz, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 PA.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check All That Apply Crime ❑ 18 PaC.S. Ch 25 (relating to criminal homicide) ❑ 18 PaC.S.§2702 (relating to aggravated assault) ❑ 18 PaC.S. §2706 (relating to terroristic threats) Self Other Household Member Date of Sentence Conviction Guilty Plea, No Contest Plea or Pending Charges O 18 PaC.S. §2709.1 (relating to stalking) O 18 PaC.S. §2901 (relating to kidnapping) O 18 PaC.S. §2902 (relating to unlawful restraint) O 18 PaC.S. §2903 (relating to false imprisonment) O 18 PaC.S. §2706 (relating to terroristic threats) 0 18 PaC.S. §291O (relating to luring a child into a motor vehicle or structure) O 18 PaC.S. §3121 (relating to rape) 0 0 O 0 O 0 O 0 O 0 0 0 O 18 PaC.S. §3122.1 0 0 (relating to statutory sexual assault) O 18 PaC.S. §3l23 (relating to involuntary deviate sexual intercourse) 18 PaC.S. §3124.1 (relating to sexual assault) 18 PaC.S. §3125 (relating to aggravated 0 0 0 0 0 0 indecent assault) 18 PaC.S. §3126 (relating to indecent assault) 0 18 PaC.S. §3127 (relating to indecent exposure) 18 PaC.S. §3129 (relating to sexual intercourse with animal) 0 18 PaC.S. §3130 (relating to conduct relating to sex offenders) O 18 PaC.S. §3301 (relating to arson and related offenses) O 18 PaC.S. §4302 (relating to incest) O 18 PaC.S. §4303 (relating to concealing death of child) 0 18 PaC.S. §4304 (relating to endangering welfare of children) 18 PaC.S. §4305 (relating to dealing in infant children) 0 0 0 0 O 0 O 0 O 0 0 0 18 PaC.S. §5902(b) 0 0 (relating to prostitution and related offenses) 18 PaC.S. §5903(c) ❑ 0 or (d) (relating to obscene and other sexual materials and performances) ❑ 18 PaC.S. §6301 (relating to corruption of minors) ❑ 18 PaC.S. §6312 (relating to sexual abuse of children) O 18 PaC.S. §6318 (relating to unlawful contact with minor) ❑ 18 PaC.S. §6320 (relating to sexual exploitation of children) ❑ 18 PaC.S. §6114 (relating to contempt for violation of protection order or agreement) O Driving under the influence of drugs or alcohol Er Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device O 0 O 0 O 0 O 0 O 0 O 0 O 0 0(9I16 ?1E0 OUT SO ?)E wr of C ornME9 C -V3 5E GLACE }7 TO 3 uP)s- "oblq-1)0N 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other All That Household Apply Member ❑ A finding of abuse by a Children & Youth Agency of similar agency in Pennsylvania or similar statute in another jurisdiction O Abusive conduct as defined 0 0 under the Protection from Abuse act in Pennsylvania or similar statute in another jurisdiction ❑ Other: 0 0 Date 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: A EVI�t✓- COMWlj TED -7V-)1" mF(VCIF At4D TMC, !=\I C 6-1..1 hov,SE. . 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification ofauths ities. Printed Name Karl R. Hildabrand, Esquire Lavery Faherty Patterson 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Attorney No. PA30102 khildabrand@laverylaw.com Attorney for Interveners 0:: THE PR rHUNOT/Ai; 2011 JUL -7 AN r1: 2 # CUMBERLAND COUNTY BENNS 1'L VA I MARIANNA LEE KELLEY, Plaintiff v. SHAWN PATRICK KELLEY, Defendant v. RICHARD E. KELLEY, JR. and BABETTA E. KELLEY, Interveners : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA • : NO. 04-1224 • • : CIVIL ACTION LAW : IN CUSTODY • • • • • PETITION TO INTERVENE OF RICHARD E. KELLEY, JR. AND BABETTA E. KELLEY TO RESPOND TO PLAINTIFF'S PETITION FOR MODIFICATION OF A CUSTODY ORDER AND TO MODIFY CUSTODY ORDER 1. Interveners are Richard E. Kelley, Jr. and Babetta E. Kelley, adult individuals who reside at 1248 York Road, Mechanicsburg, Pennsylvania 17055. 2. Marianna Lee Kelley and Shawn Patrick Kelley are the natural mother and father respectively, of two minor children, Jocelynn Kelley (D.O.B. 6-2-02) and Ethan Kelley (D.O.B. 10-8-03). Furthermore, Marianna Lee Kelley is the natural mother of a third minor child, Jay William Smyser (D.O.B. 12-27-99). 3. Plaintiff, Marianna Lee Kelley is an adult individual who currently resides in a half -way home in Harrisburg, Pennsylvania, which address is believed to be 753 S. 21st Street, Harrisburg, Dauphin County, Pennsylvania 17104. ao. 6 V po Au, * S092 fo 4. Defendant, Shawn Patrick Kelley is an adult individual who resides at SCI Houtzdale, Pennsylvania, LC 7756, P.O. Box 1000, Houtzdale, Pennsylvania 16698. 5. Interveners are the paternal grandparents of Jocelynn Kelley and Ethan Kelley and the legal custodian of Jay William Smyser. 6. The minor children have resided with Interveners from 2012, when both Plaintiff and Defendant were arrested and incarcerated, to the present. 7. Interveners stand in loco parentis to the minor children and further seek to intervene to exercise rights pursuant to 23 Pa.C.S. §5324 and §5325. 8. Interveners seek an order of this Court granting them shared legal custody and primary physical custody of the children subject to such reasonable visitation with Mother and/or Father as the parties shall agree which shall be in the best interest of the children. WHEREFORE, Interveners respectfully request that this Court enter a Rule upon Plaintiff and Defendant to show cause, if any, that they have, why the Petition for Intervention should not be granted. Date: '7 f _Sf /'( By: Respectfully submitted, LAVERY FAHERTY PATTERSON arl R. Hildabrand, Esquire Attorney I.D. No. 30102 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 phone (717) 233-7003 fax Attorney for Interveners Richard E. Kelley, Jr. and Babetta E. Kelley 2 VERIFICATION We, Richard E. Kelley, Jr. and Babetta E. Kelley, verify that the statements made in the foregoing Petition to Intervene are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: —2C'ii•( Date: Richard E. Kelley, Jr. 411>" Babetta E. Kelley CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire, with the law firm of Lavery Faherty Patterson, do hereby certify that on this 3 '' day of July, 2014, I served a true and correct copy of the foregoing Petition to Intervene to Respond to Plaintiff's Petition for Modification of a Custody Order and to Modify Custody Order, via U.S. First Class mail, postage prepaid, addressed as follows: Marianna Lee Horowitz 753 South 21St Street Harrisburg, PA 17104 Plaintiff Mr. Shawn Patrick Kelley c/o SCI Houtzdale LC7756 P.O. Box 1000 Houtzdale, PA 16698 Defendant Hubert X. Gilroy, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Conciliator R. Hildabrand, Esquire I, MARIANNA LEE KELLEY PLAINTIFF vs. SHAWN PATRICK KELLEY DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1224 CIVIL ACTION CRIMINAL RECORD / ABUSE HISTORY VERIFICATION 6 k'd 1 , fir. , hereby swear or affirm, subject PRINT NAME to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: co -� -� � 1. Unless indicated by my checking the "YES" box next to a crime below, neither I nor any other merof -- --A my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where tl 1:3 "` record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Answer Yes or No YES NO ❑ LJ ❑ LJ 6-14 Crime Self Other household member 18 Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal homicide) 18 Pa.C.S. §2702 (relating to aggravated assault) 0 18 Pa.C.S. §2706 0 0 (relating to terroristic threats) 18 Pa.C.S. §2709.1 (relating to stalking) 0 0 18 Pa.C.S. §2901 0 (relating to kidnapping) Date of conviction, Sentence guilty plea, no contest plea or pending charges Answer Yes or No YES NO ❑ d • Er • 27 Crime Self Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges 18 Pa.C.S. §2902 ❑ (relating to unlawful restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) ❑ 0 O 0 O 0 ❑ 18 Pa.C.S. §3122.1 0 0 (relating to statutory sexual assault) ❑ ["J 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) O 1E( 18 Pa.C.S. §3124.1 ❑ (relating to sexual assault) ❑ 18 Pa.C.S. §3125 (relating to aggravated indecent assault) ❑ [� 18 Pa.C.S. §3126 0 0 (relating to indecent assault) 6-14 Answer Crime Self Other Date of conviction, Sentence Yes or No household guilty plea, no member contest plea or pending charges 6-14 18 Pa.C.S. §3127 (relating to indecent exposure) 18 Pa.C.S. §3129 (relating to sexual intercourse with animal) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and related offenses) 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of child) 18 Pa.C.S. §4304 (relating to endangering welfare of children) 18 Pa.C.S. §4305 (relating to dealing in infant children) 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) Answer Crime Yes or No YES NO Self Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges • fEr 18 Pa.C.S. §5903(c) or (d) 0 (relating to obscene and other sexual materials and performances) O 18 Pa.C.S. §6301 (relating to corruption of minors) O 18 Pa.C.S. §6312 0 (relating to sexual abuse of children) O 18 Pa.C.S. §6318 0 0 (relating to unlawful contact with minor) O 18 Pa.C.S. §6320 (relating to sexual exploitation of children) O 23 Pa.C.S. § 6114 (relating to contempt for violation of protection order or agreement) O 1211 Driving under the influence of drugs or alcohol 0 d Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 6-14 2. Unless indicated by my checking the "YES" box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct , or involvement with a Children & Youth agency including the following: Answer Yes or No YES NO A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction 0 Dr Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Involvement with a Children & Youth Agency or similar agency in Pennsylvania or another jurisdiction. Where: Other. Self Other Date household member 0 0 0 El 0 0 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 6-14 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the statements made in the Criminal Record/Abuse History Verification are true and correct to the best of my knowledoe, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities and can be punishable by fine or imprisonment 6-14 Signature Printed Name • 11 ,,,„;* MARIANNA LEE KELLEY PLAINTIFF vs. SHAWN PATRICK KELLEY DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1224 CIVIL ACTION CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, 13ib etch E. Ke!l j PRINT NAME to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: , hereby swear or affirm, subject 1. Unless indicated by my checking the "YES" box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Answer Crime Yes or No YES NO Self Other household member ❑ Q/ 18 Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal homicide) ❑ E( 18 Pa.C.S. §2702 (relating to ❑ ❑ aggravated assault) ❑ 12( 18 Pa.C.S. §2706 (relating to terroristic threats) ❑ [� 18 Pa.C.S. §2709.1 (relating to stalking) ❑ 18 Pa.C.S. §2901 (relating to kidnapping) 6-14 ❑ 0 0 0 Date of conviction, Sentence guilty plea, no contest plea or pending charges Answer Crime Yes or No YES NO Rif 18 Pa.C.S. §2902 (relating to unlawful restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) Self Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges El 121( 18 Pa.C.S. §2910 0 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) Ef 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) Rif 18 Pa.C.S. §3124.1 (relating to sexual assault) 0 2i 18 Pa.C.S. §3125 (relating to aggravated indecent assault) 12/ 18 Pa.C.S. §3126 (relating to indecent assault) 6-14 Answer Yes or No YES NO Crime • [2( 18 Pa.C.S. §3127 (relating to indecent exposure) • 12/ 18 Pa.C.S. §3129 (relating to sexual intercourse with animal) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) Self Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges Eti 18 Pa.C.S. §3301 jJ (relating to arson and related offenses) EJ 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 ci (relating to concealing death of child) 12/ 18 Pa.C.S. §4304 ci (relating to endangering welfare of children) El 18 Pa.C.S. §4305 ci (relating to dealing in infant, children) ci 18 Pa.C.S. §5902(b) ci (relating to prostitution and related offenses) 6-14 Answer Yes or No YES NO 6-14 Crime 18 Pa.C.S. §5903(c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minor) 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 23 Pa.C.S. § 6114 (relating to contempt for violation of protection order or agreement) Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device Self Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges E E E E .'� • 2. Unless indicated by my checking the "YES" box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct , or involvement with a Children & Youth agency including the following: Answer Self Other Date Yes or No household member YES NO ❑ [� A finding of abuse by a Children & Youth Agency or ❑ 0 similar agency in Pennsylvania or similar statute in another jurisdiction ❑ 2/ Abusive conduct as defined under the Protection from 0 ❑ Abuse Act in Pennsylvania or similar statute in another jurisdiction Involvement with a Children & Youth Agency or similar agency in Pennsylvania or another jurisdiction. Where: 0 Other: 0 0 0 0 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 6-14 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the statements made in the Criminal Record/Abuse History Verification 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 unswom falsification to authorities and can be punishable by fine or Imprisonment. !Signature Printed Name 6-14 • Karl R. Hildabrand, Esquire Lavery Faherty Patterson 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Attorney No. PA30102 khildabrand@laverylaw.com Attorney for Interveners 2 ; El JUL 10 PH CUMBERLAND COUNTY PENNSYLVANIA MARIANNA LEE KELLEY, Plaintiff v. SHAWN PATRICK KELLEY, Defendant v. RICHARD E. KELLEY, JR. and BABETTA E. KELLEY, Interveners : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA • : NO. 04-1224 • : CIVIL ACTION LAW : IN CUSTODY • RULE TO SHOW CAUSE AND NOW, this /5 day of , 2014 upon consideration of the Petition to Intervene filed by Richard E. Kelley, Jr. and Babetta E. Kelley in the above matter, a Rule is issued upon Marianna Lee Kelley and Shawn Patrick Kelley to show cause, if any they have, why Richard E. Kelley, Jr. and Babetta E. Kelley should not be permitted to intervene in the above referenced custody action. Rule returnable the '-day of BY THE COURT: , 2014. 624?te.. J. Distribution: Karl R. Hildabrand, Esquire, 225 Market Street, Suite 304, Harrisburg, PA 17108, as attorney for Intervener Marianna Lee Kelley, 753 South 21st Street, Harrisburg, PA 17104, Plaintiff Shawn Patrick Kelley, c/o SCI Houtzdale, LC 7756, P.O. Box 1000, Houtzdale, PA 16698, Defendant Hubert X. Gilroy, Esquire, Martson Law Offices, 10 East High Street, Carlisle, PA 17013, Conciliator Karl R. Hildabrand, Esquire Lavery Faherty Patterson 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Attorney No. PA30102 khildabrand@laverylaw.com Attorney for Interveners MARIANNA LEE KELLEY, Plaintiff v, SHAWN PATRICK KELLEY, Defendant v. RICHARD E. KELLEY, JR. and BABETTA E. KELLEY, Interveners : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1224 • : CIVIL ACTION LAW : IN CUSTODY AFFIDAVIT OF CONSENT TO PETITION TO INTERVENE OF RICHARD E. KELLEY, JR. AND BABETTA E. KELLEY 1. I Marianna Lee Horowitz (Kelley) am the Plaintiff in the above referenced custody matter. 2. I have reviewed the Petition to Intervene of Richard E. Kelley, Jr. and Babetta E. __... Kelley ....to.. Respond_ ..to__ Plaintiff's ...Petition _.for ..Modification .._of_.a.._Custody ....Order _. and .to.....Modify---.-. Custody Order filed July 7, 2014. 3. I have no objection and hereby consent to their intervention in the above captioned matter. Date: 7 // Li 5 MARIANNA LEE HOROWITZ(KELLEY),: 1N THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2004-1224 CIVIL ACTION - LAW SHAWN PATRICK KELLEY, Defendant RICHARD E. KELLEY, JR., and BABETTA E. KELLEY, Interveners : IN CUSTODY z c .., x �. Mai ff `<a° N A Q 'fir• "` 3 PRIOR JUDGE: The Honorable J. Wesley Oler, Jr. z -'J > E?c-3 --r (12 AND NOW, this ,/.2 /Id day of July, 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the prior Orders of Court in this matter are vacated and replaced with the following TEMPORARY Order: 1. The paternal grandparents, Richard E. Kelley, Jr., and Babetta E. Kelley, are authorized to intervene and are named parties in this case. 2. The paternal grandparents, Richard E. Kelley, Jr., and Babetta E. Kelley, along with the mother, Marianna Lee Horowitz, shall enjoy shared legal custody of Jocelynn Kelley, born June 2, 2002, Ethen Kelley, born October 8, 2003, and Jay William Smyser, born December 27, 1999. 3. The paternal grandparents shall enjoy primary physical custody of the minor children. 4. The mother shall enjoy periods of partial physical custody of the minor children as follows: A. On alternating Saturdays from 3:00 p.m. until 9:00 p.m. B. For one day a month from 9:00 a.m. until 9:00 p.m. If the children have school the day following the time that the mother has the full day custody, custody shall end at 6:30 p.m. C. At such other times as the parties may agree. COURT ORDER 5. The above schedule is temporary in nature and legal counsel for the parties shall conduct a telephone conference with the Custody Conciliator on Friday, October 24, 2014, at 8:00 a.m. At that time and assuming things are progressing well with the mother seeing the children, it is anticipated that there may be an expanded period of custody for the mother. 6. It is understood that the children are involved in a number of activities and mother shall insure that the children are involved in their activities when she has custody. However, if one of the activities interferes with mother's custody, the parties may modify the day of mother' s custody to accommodate the activity. 7. The mother' s periods of time with the children are conditioned upon mother relocating to her new address in Carlisle. Additionally, mother shall afford the paternal grandparents the opportunity to inspect her home prior to commencing the custody schedule set forth above. 8. Unless agreed otherwise by the parties, the mother will pick up the children at the beginning of her custody period and the paternal grandparents will pick them at the end of the custody period. All parties shall insure that the children are transported in a vehicle that has appropriate insurance under Pennsylvania Law and an appropriately licensed driver. 9. In the event there are any dramatic issues that arise in the above matter that requires the Court' s attention, legal counsel for the parties may contact the Custody Conciliator directly and the Conciliator may schedule a telephone conference with respect those issues and, as appropriate, submit a modified Order to this Court. 10. The paternal grandparents have a number of previously scheduled vacations that include the weekend of September 5, the weekend of October 31 and a ten day period in November starting November 14. It is understood that mother will not have custody on those occasions and the parties will adjust the schedule for a replacement schedule to accommodate those trips. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. cc: F. King, Esquire arl R. Hildabrand, Esquire Ar. Shawn Patrick Kelley ex BY THE COURT, Judge MARIANNA LEE HOROWITZ(KELLEY),: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2004-1224 CIVIL ACTION - LAW SHAWN PATRICK KELLEY, Defendant RICHARD E. KELLEY, JR., and BABETTA E. KELLEY, Interveners : IN CUSTODY PRIOR JUDGE: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE 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 children who are the subject of this litigation is as follows: Jocelynn Kelley, born June 2, 2002, Ethen Kelley, born October 8, 2003, and Jay William Smyser, born December 27, 1999. 2. A Conciliation Conference was held on July 18, 2014, with the following individuals in attendance: The mother, Marianna Lee Horowitz, with her counsel, John F. King, Esquire, and the paternal grandparents, Richard E. Kelley, Jr. And Babetta E. Kelley, with their counsel, Karl R. Hildabrand, Esquire. The father, Shawn Patrick Kelley, was not in attendance as he is incarcerated in a state correctional institution. 3. Based upon the recommendation of the Custody Conciliator, the parties agree to the entry of an Order in the form as attached. Date: July 2 l , 2014 Hubert . Gilroy, Esquire Custody Conciliator Karl R. Hildabrand, Esquire Lavery Faherty Patterson 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Attorney No. PA30102 khildabrand@laverylaw.com Attorney for Interveners FILE -OF THE 2(7!4 JULSMO tt'i' i CUMBERLANDIYPENNSq A MARIANNA LEE KELLEY, Plaintiff v. SHAWN PATRICK KELLEY, Defendant v. RICHARD E. KELLEY, JR. and BABETTA E. KELLEY, Interveners : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1224 : CIVIL ACTION LAW : IN CUSTODY AFFIDAVIT OF CONSENT TO PETITION TO INTERVENE OF RICHARD E. KELLEY, JR. AND BABETTA E. KELLEY 1. I Shawn Patrick Kelley am the Defendant in the above referenced custody matter. 2. I have reviewed the Petition to Intervene of Richard E. Kelley, Jr. and Babetta E. Kelley to Respond to Plaintiff's Petition for Modification of a Custody Order and to Modify Custody Order filed July 7, 2014. 3. I have no objection and hereby consent to their intervention in the above captioned matter. Date: 2//6// Shawn Patrick Kelley MARIANNA LEE HOROWITZ(KELLEY),: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2004-1224 CIVIL ACTION - LAW SHAWN PATRICK KELLEY, Defendant RICHARD E. KELLEY, JR., and BABETTA E. KELLEY, Interveners : IN CUSTODY PRIOR JUDGE: The Honorable Christylee Peck COURT ORDER AND NOW, this ar2W day of , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of July 22, 2014, shall remain in place subject to the following modifications: 1. Paragraph 4 of the July 22, 2014, Order is modified to add the following provision: A. On the first Saturday of a month that mother exercises custody, mother's custody for that Saturday shall extend into Sunday at 3:00 p.m. such that mother shall have overnight custody with the children on one Saturday per month. It is understood that the overnight shall take place at the home of Connie and Leonard Kriner who are the children's maternal great grandparents. 2. In all other respects, the Order of July 22, 2014, shall remain in place. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, Christylee Peck, Judge cc: E.F. King, Esquire Karl R. Hildabrand, Esqujre C-Ce.es f7 T q/ p MARIANNA LEE HOROWITZ(KELLEY),: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2004-1224 CIVIL ACTION - LAW SHAWN PATRICK KELLEY, Defendant RICHARD E. KELLEY, JR., and BABETTA E. KELLEY, Interveners : IN CUSTODY PRIOR JUDGE: The Honorable Christylee Peck CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator spoke with legal counsel for the parties via a telephone conference on October 24, 2014 , and, based upon that conversation, recommends the entry of an Order in the form as attached. Date: October g S , 2014 Hubert X. Gilroy, Esquire Custody Conciliator