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HomeMy WebLinkAbout04-1244BRENDA KLrNKLEMAN and CHARLES KUNKLEMAN, Plaintiffs LISA K. KELLEY and ALAN R. OTT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. c9~/- /z IN CUSTODY CIVIL TERM COMPLAINT FOR CUSTODY Plaintiffs are Brenda Kunkleman and Charles Kunkleman, adult individuals curremly residing at 350 Strohm Road, Shippensburg, Cumberland County, Pennsylvania. Defendant, Alan R. Ott, is an adult individual currently incarcerated at the Franklin County Prison. Defendant, Lisa K. Kelly, is an adult individual whose current whereabouts are unknown. Plaintiffs are the maternal grandparents of two children, namely, Emily E. Ott, bom February 24, 1992, and Erika K. Ott, bom August 2, 1994. For the past five (5) years, or since the children's birth, the children have resided with the following persons at the following addresses for the following periods of time: NAME Brenda Kunkleman Charles Kunkleman Lisa Kelley Glenn Kelly ADDRESS 350 Strohm Road Shippensburg, PA Upper Strasburg, PA DATES July, 2001-present May 1999~July 2001 10. NAME Brenda Kunkleman Charles Kunkleman Lisa Kelley Alan Ott Brenda Km~kleman Charles Kunkleman ADDRESS 350 Strohm Road Shippensburg, PA 728 Mains Run Road 350 Strohm Road Shippensburg, PA DATES November 1997- May 1999 Sept. 1997-Nov. 1997 July, 1997-September 1997 The natural mother of the children is Lisa K. Kelley whose whereabouts are unknown. She is believed to be married. The natural father of the children is Alan R. Ott who resides as aforesaid. He is unmarried. The relationship of the Plaintiffs to the children is that of maternal grandparents. The Plaintiffs currently reside alone with the children. The relationship of the Defendant, Lisa K. Kelley, to the children is that of natural mother. It is unknown who Defendant, Lisa K. Kelley currently resides with. The relationship of Defendant, Alan R. Ott, to the child is that of natural father. Defendant, Alan R. Ott, is currently incarcerated in the Franklin County Prison. Plaintiffs have not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children. Plaintiffs are aware that there was a prior custody action between the Defendants in Cumberland County Court of Common Pleas, by which a Custody Order was entered 11. 12. January 20, 1998. This action was captioned 97-6183. A copy of the 1998 Court Order is attached hereto and incorporated herein by reference as Exhibit "A." Plaintiffs are unaware of any custody proceedings, other than mentioned in paragraph 10, concerning the children pending in any Court of this Commonwealth. It is in the best interest and permanent welfare of the children to grant the relief requested because: a) Plaintiffs have been and continue to be the primary custodians for the children from July 2001 through present; b) Defendant, Alan R. Ott, has shown an inability to provide for the financial, physical, or emotional needs of the children. Defendant, Alan R. Ott, last had contact with the children for a one (1) hour visit in July of 2003 while on work release from prison; e) Defendant, Alan R. Ott, has demonstrated a lack of interest in the children through his limited contact and absence of affection. Defendant, Alan R. Ott, has, in the past, gone several years without having any contact with the children; Defendant, Lisa K. Kelley, has shown an inability to provide for the financial, physical, or emotional needs of the children; e) Defendant, Lisa K. Kelley, has an extensive drug and alcohol problem for which she refuses to seek treatment. Defendant, Lisa K. Kelley, will disappear for months at a time without having any contact with the children; t) Plaintiffs have provided substantial support and custodianship to the children since their birth. The children view Plaintiffs as their primary caretakers; Plaintiffs would be able to add the children to their insurance if they are granted legal and physical custody. The children are currently without health insurance and Plaintiffs have been paying all medical costs out of their own pockets as both parents provide no financial support. 10. Plaintiffs do not know any person not a party to these proceedings who claim to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiffs request your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time they should be granted legal and physical custody of the children. Respectfully submitted, Brian C. Bomman, Esquire Attorney for Plaintiffs GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. BRENDA KUNKLEMAN, Plaintiff LISA K. KUNKLEMAN, Plaintiff V ALAN R. Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO: 97-6183 CIVIL TERM :IN CUSTODY COURT ORDER AND NOW, this ~6~day of January, 1998.. u~on consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Lisa K. Kunkleman, and the Father, Alan R. Ott, shall enjoy shared legal custody of ~nily E. Ott, born February 24, 1992; and Erika K. Ott, born August 2, 1994. The Mother shall enjoy primary physical custody with the minor children. The Father shall enjoy periods of temporary physical custody with ~ ' =~Je minor children as follows: On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. Be On holidays pursuant to a schedule arranged between the parties. C. At such other times as the parties may agree. The Father shall not be under the influence of any illegal drugs when he has custody of ~ ~i~o~ ~ ~ ~'-~ ...... the Father shall not be under the influence of alcohol when he has any requirement to drive the children· Bother parties shall enjoy reasonable telephone contact with the minor children when the children are in the custody of the other parent. EXHIBIT This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this agreement, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, Sally J. Winder, Esquire Alan R. Ott 728 Mains Run Road Shippensburg, PA 17257 In 't'e?,'~ir~s,'~rv whereof, I h~re unlo set my hand and the s~al of sa~d Court at ~arlisle, Pa. This .,~.~.~.. day of....~..~-;-.., 19..]~ ~, Prothonota~ LISA K. KUNKLEMAN, Plaintiff V ALAN R. OTT, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : :NO: 97-6183 CIVIL TERM :IN CUSTODY CONCILIATION CONFE}L~NCE S .[TM~.._~_Rj' REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children wilo are the subject of this litigation is as follows: Emily E. Ott, born February 24, 1992; and Erika K. Ott, born August 2, 1994. e A Conciliation Conference was held on January 9, 1998, with the following individuals in attendance: The Mother Lisa K. Kunkleman, with her attorney, Sally J. Winder, Esquire; and the Father Alan R. Ott, who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. BRENDA KUNKLEMAN AND CHARLES KUNKLEMAN PLAINTIFF : CUMBERLAND COt;NTY, PENNSYLVANIA V. : 04-1244 CIVIL ACTION LAW LISA K. KELLEY AND ALAN R. OTT : IN CUSTODY DEFENDANT : IN THE COURT OF COMMON PLEAS OF ORDER OF COURT AND NOW, Thursday, April 01, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before ~Jacqueline M. Verue~', Esq. _, the conciliator, at 4th Flour, Cumberland County Courthouse, Carlisle on Tuesday, April 27, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grotmds 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. FORTHECOURT. By: /s/ ~ey, .Esq. Custody Conciliator rnhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infom~ation 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 WItERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 BRENDA KUNKLEMAN and CHARLES KUNKLEMAN Plaintiffs LISA K. KUNKLEMAN and ALAN R. OTT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .- LAW NO. 04-1244 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this ~_~ .~7~ day of April, 2004, comes Brian C. Bomman, Esquire, counsel of record for Plaintiffs, Brenda & Charles Kunkleman, and states that a tree and attested copy of a Complaint for Custody and related Order of Court dated April 1, 2004, was sent to Defendant, Alan R. Ott, to the Franklin County Prison, 625 Franklin Farm Lane, Chambersburg, 17201, by certified mail, return receipt requested. A copy ,of said receipt is attached hereto indicating that a prison employee signed for the mail on April 20, 2004. Also attached is a statement from the Assistant Warden of the Prison stating that Officer Marvin Carbaugh delivered the letter and witnessed Defendant, Alan Ott, sign that the letter was opened in front of him, on April 20, 2004, as evidenced by an excerpt from the prison mail log. Brian C. Bomman, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before tme t, hJ~s ~ day of_ ~ \~ .~ ., 2004 BRENDA KUNKLEMAN and CHARLES KUNKLEMAN Plaintiffs LISA K. KUNKLEMAN and ALAN R. OTT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1244 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this o~37~ day of April, 2004, comes Brian C. Bomman, Esquire, counsel of record for Plaintiffs, Brenda & Charles Kunkleman, and states that a true and attested copy of a Complaint for Custody and related Order of Court dated April 1, 2004, was sent to Defendant, Lisa Kelley, to the Franklin County Prison, 625 Franklin Farm Lane, Chambersburg, 17201, by certified mail, return receipt requested. A copy of said receipt is attached hereto indicating that a prison employee signed for the mail on April 23, 2004. Also attached is a statement from the Assistant Warden of the Prison stating that Officer Carol Lane delivered the letter and witnessed Defendant, Lisa Kelley, sign that the letter was opened in front of her on April 23, 2004, as evidenced by an excerpt from the prison mail log. Sworn and subscrib~to before ~e this ~ day of ~ [/ _ ,2004 OTARYyUflL'~C Brian C. Bornman, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Postage Certified Fee Return Receipt Fee (E~ldorsement Required) Restricted Delivery Fee (Endorsement Required) 3 be completed by mailer) BRENDA KUNKLEMAN and CHARLES KUNKLEMAN, Plaintiffs V. LISA K. KELLEY and ALAN R. OTT, Defendants APR 2 7 2004 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2004-1244 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT ANDNOW, this ~Ot~ dayof Pq[9 ~, ( ,2004, upon consideration of the attached Custody ConciliatiSn Report, it is ordered and directed as follows: 1. The prior Order of Court at Docket No. 97-6183 is hereby vacated. 2. The maternal grandparents, Brenda Kunkleman and Charles Kunkleman, shall have sole legal custody of Emily E. Ott, bom February 24, 1992 and Erika K. Ott, bom August 2, 1994. Children. The maternal grandparents shall have prim~u~ physical custody of the 4. Mother shall have periods of partial physica/[ custody as agreed by maternal grandparents. 5. Father shall have periods of partial physical custody as agreed by maternal grandparents. 6. The parties may modify the terms of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall corttrol. BY THE COURT, ,/ ? .,~} cc: Brian C. Bomman, Esquire, Counsel for maternal grandparents .z~ Lisa K. Kelley, Franklin County Prison, 625 Franklin Farm Lane, Chambersburg, Pa. j'- 17201 Alan R. Ott, Franklin County Prison, 625 Franklin Farm Road, Chambersburg, PA 17201 BRENDA KUNKLEMAN and CHARLES KUNKLEMAN, Plaintiffs V. LISA K. KELLEY and ALAN R. OTT, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2004-1244 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. 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 Clfildren who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Emily E. Ott Erika K. Ott February 24, 1992 August 2, 1994 maternal grandparents maternal grandparents 2. A Conciliation Conference was held in this ]matter on April 27, 2004, with the following in attendance: The maternal grandparents, Brenda Kunkleman and Charles Kunkleman, with their counsel, Brian C. Bomman. Neither Mother nor Father appeared although they received notice of the conference. Both Mother and Father are incarcerated in the Franklin County Prison. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court at Docket No. 97-6183 in Lisa Kunkleman v. Alan Ott, dated January 20, 1998 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends. 4. The maternal grandparents have had physic,fl custody of the Children since July 2001. attached. Date Maternal grandparents requested an Order of Court in the form as Vemey, Esquire ~' Custody Conciliator BRENDA KUNKLEMAN and CHARLES KUNKLEMAN, Plaintiffs LISA K. KELLEY and ALAN R. OTT, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 04-1244 CIVIL TERM : : IN CUSTODY ACCEPTANCE OF SERVICE I, Lisa K. Kelley, acknowledge that I received tree and attested copy of Plaintiffs' Complaint for Custody and related Order of Court dated Thursday, April 1, 2004, in the above captioned action by certified mail, postage prepaid on the date listed below. ! MARIANNA LEE KELLEY (NOW IN THE COURT OF COMMON PLEAS OF HOROWITZ) PLAINTIFF V. SHAWN PATRICK KELLEY DEFEN DANT AND NOW, CUMBERLAND COUNTY, PENNSYLVANIA -2—CIVIL ACTION LAW IN CUSTODY ORDER OF COURT Thursday, June 12, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 02, 2014 9:30 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq.,�I�`' 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 CANNET LEGAL HELP. pi v �s iflI 'it" ,0kelt ay, 'be-& ,Ke l/.v, P/ 4C Esr. 4/x,6/1V tie Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 w CJ7 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 OF T1j FILED -OFF -1G 1 HDNp TA f 20111 JUL -7 All [I CUMBERLAND TY PENNSYLVANIA y 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 • NOTICE TO PLEAD To: Marianna Lee Kelley, Pro Se 753 South 21st Street Harrisburg, PA 17104 You are hereby notified to plead to the enclosed Answer and Counterclaim of Interveners within twenty (20) days from service hereof or a default judgment may be entered against you. DATE: i/3 1l LAVERY FAHERTY PATTERSON By r. ; arl R. Hildabrand, Esquire 225 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Attorney No. PA30102 khildabrand@laverylaw.com Attorney for Interveners 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 Ichildabrand@laverylaw.com Attorney for Interveners MARIANNA LEE KELLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1224 SHAWN PATRICK KELLEY, Defendant v. : CIVIL ACTION LAW : IN CUSTODY RICHARD E. KELLEY, JR. and BABETTA E. KELLEY, Interveners ANSWER AND COUNTERCLAIM OF INTERVENERS RICHARD E. KELLEY, JR. AND BABETTA E. KELLEY 1. Admitted except that it is believed that the Petitioner resides in a half -way house in Harrisburg and is still under probation. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied as stated. The averments of paragraph 5 and subparagraphs a. through d. are specifically denied and proof thereof is demanded. On the contrary, Petitioner is currently residing in a half -way house and is on probation. While Interveners do not object to a visitation schedule with Petitioner, and in fact a visitation schedule is already in place, nevertheless, Interveners have concerns about Petitioner's residence, her ability to have the children for any extended period, and Petitioner's stability. COUNTERCLAIM 6. Pursuant to paragraph 14 of Judge Oler's Order of April 6, 2010, when both Plaintiff and Defendant became unavailable to exercise their custodial rights with the children, the paternal grandparents assumed those custodial rights and have been doing so ever since. The minor children have resided with Interveners from 2012, when both Plaintiff and Defendant were arrested and incarcerated to the present. 7. Interveners respectfully request that this Court enter an Order granting them shared legal custody and primary physical custody. 8. The requested Order will facilitate Interveners in registering the children for school, carrying out medical care, and protecting other important rights for the children. Date: 7- 31 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 2 VERIFICATION We, Richard E. Kelley, Jr. and Babetta E. Kelley, verify that the statements made in the foregoing Answer and Counterclaim 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: Date: 024 *-1—e- d/9' Richard E. Kelley, Jr. ildevi5-31r 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 Answer and Counterclaim of Interveners, 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 rl R. Hildabrand, Esquire