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HomeMy WebLinkAbout08-531111 DEDRIC DUKES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. ?' 3 I ( Civil Term KELLY HENCH, : IN CUSTODY Defendant : CUSTODY COMPLAINT 1. Plaintiff is Dedric Dukes, whose current address is 510 School Ave., Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Kelly Hench, whose current address is 260 W. Ridge St., Carlisle, Cumberland County, Pennsylvania, 17103. 3. Plaintiff is the Father of the following children and seeks a custody order regarding the following children: NAME DOB/AGE ADDRESS Shakwan Dukes 7/27/94 (14) 260 W. Ridge St., Carlisle, Pa. 17013 Tre Dukes 11/29/95 (11)260 W. Ridge St., Carlisle, Pa. 17013 Shaylah Dukes 8/15/97 (11) 260 W. Ridge St., Carlisle, Pa. 17013 Mother and Father were never married. Mother currently has primary custody of the children. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Kelly Hench 260 W. Ridge St. 2007 - 2008 Carlisle, Pa. 17013 Kelly Hench 143 N. Pitt St. 2003 - 2007 Carlisle, Pa. 17013 The mother of the child is Kelly Hench. She currently resides at 260 W. Ridge St., Carlisle, Pennsylvania. She is not married. The father of the child is Dedric Dukes. His current address is 510 School Ave., Carlisle, Pennsylvania. He is not married. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with his girlfriend, Kelly Major, and her two children. 5. The relationship of defendant to the child is that of Mother. The defendant currently lives with the children. 6. 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. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties separated in 2000 Mother has primary physical custody. Since separation. the parties have arranged for Father to have periods of partial custody with the children informally. Recentlv the parties have been unable to agree on a consistent schedule and Father has concerns that Mother may move out of the area. Father is re uestin a custod order which would rovide re ular and consistent eriods of partial custody and require that Mother give ample notification if she intends to move to another jurisdiction This request is in the best interest of the children because it would benefit the children to have liberal contact with both parents. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the children. Respectfully submitted, Date: 9 /9 / 0 J e Adams, Esquire No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: / y Dedric Dukes, Plaintiff V 72 G?9 f1 f_ A 0 -T3 ri7 r- Q-1 "T3 ra' j? IV DEDRIC DUKES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KELLY HENCH DEFENDANT 2008-5311 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 09, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 14, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE 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 y? AQV .1 ?f'Ld AiNnc)rl! µ' i47nmo L'1 Z Wd 01 AS BOOZ AdVIc Hiu-dd 3Hi dG 301-4-0-03113 DEDRIC DUKES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION CIVIL ACTION KELLY HENCH, Defendant DOCKET # 08 - 5311 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Kelly Hench, the Defendant, in the above captioned matter. Oro be r 10 2008 ?]tA r r? a i Q i M 'n-P Q o J quel a Collette Certified Legal Intern Robert E. Rains Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 DEDRIC DUKES, Plaintiff V. KELLY HENCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE NO. 08 - 5311 CIVIL TERM CERTIFICATE OF SERVICE I, Jacqueline Collette, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of the foregoing Praecipe to Enter Appearance on Jane Adams, Esquire, at 17 W. South Street, Carlisle, PA, 17013 by depositing a copy of the same in the United States first class mail, postage prepaid. Date: October 10, 2008 _? Q D Q cq line Collette Certified Legal Intern DEDRIC DUKES, Plaintiff V. KELLY HENCH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 08 - 5311 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Kelly Hench, Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date 0 cto ` gr 1(2) JWcqu ne Collette Certified Legal Intern ROBER E. INS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 OCT' 15 200 V?? Z008 DEDRIC DUKES, Plaintiff V. KELLY HENCH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-5311 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this 2 / ` day of O:hb"- , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Dedric Dukes and the Mother, Kelly Hench, shall have shared legal custody of Shakwan Dukes, born July 27, 1994, Tre Dukes, born November 29, 1995 and Shaylah Dukes, born August 15, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children on alternating weekends, beginning October 18, 2008, from Saturday at 10:00 a.m. to Sunday at 8:00 p.m. 4. Holidays: Cl Z :01 WV I Z 100 BUUZ nt dl?i ??ri ti { iL icy 3Hi ?o 11 A. The parties shall alternate Thanksgiving with Mother having even numbered years and Father having odd numbered years, at times agreed by the parties. B. Father shall always have physical custody of the children on Christmas Day from 8:00 a.m. to 12:00 noon. C. Mother shall always have physical custody of the children on Mother's Day from 9:00 a.m. to 8:00 p.m. Father shall always have physical custody of the children on Father's Day from 9:00 a.m. to 8:00 p.m. 5. Father shall have physical custody of the children for two non-consecutive weeks in the summer provided he give Mother 30 days prior notice and provide a location and telephone number where the children may be reached. 6. Transportation shall be shared such that the relinquishing party shall transport. Transportation shall only be provided by a licensed driver. 7. Neither party may consume alcohol to the point of intoxication or use illegal drugs immediately before or during their periods of physical custody. The parents shall insure that the children are not around anyone who is intoxicated or under the influence of illegal drugs. 8. Mother may not permanently relocate from the jurisdiction of Cumberland County without prior Order of Court or agreement of the parties. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control cc" J e Adams, Esquire Counsel for Fath /r acqueline Collette, certified legal intern, Counsel for Mother Thomas Place, Esquire, Family Law Clinic CTI LV m t c RV TUP Cir)f iR T DEDRIC DUKES, Plaintiff V. KELLY HENCH, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-5311 CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Shakwan Dukes July 27, 1994 Mother Tre Dukes November 29, 1995 Mother Shaylah Dukes August 15, 1997 Mother 2. A Conciliation Conference was held in this matter on October 14, 2008, with the following in attendance: The Father, Dedric Dukes, with his counsel, Jane Adams, Esquire, and the Mother, Kelly Hench, with her counsel, Jacqueline Collette, certified legal intern, and Thomas Place, Esquire, Family Law Clinic. 3. The parties agreed to an Order in the form as attached. C?-iq-O'? Date cqu ne M. Verney, Esquire Custody Conciliator Dedric Dukes, Plaintiff V. Kelly Hench, Defendant IN THE COURT OF COMMON PLEAS OF M? = S. ; r I- COUNTY, PENNSYLVAN CIVIL ACTION - LAW S= ?" IN CUSTODY NO. 2008-5311 CIVIL TERM MOTION FOR LEAVE TO PROVIDE NOTICE OF INTENT TO RELOCATE WITHOUT THE ADDRESS OF THE INTENDED NEW RESIDENCE Defendant Kelly Hench ("Mother") hereby moves the Court for an Order to provide Notice of Intention to Relocate without providing the address of her intended new residence. In support of her motion, Mother avers the following: 1. Pursuant to 23 Pa.C.S. § 5337, a party intending to relocate must provide notice to the opposing party. The notice must include the address of the intended new residence if available. 2. Pursuant to Court Order, dated 10/21/2008, Mother and Dedric Dukes ("Father") share legal custody of their three children: Shakwan Dukes (DOB 7/27/1994), Tre Dukes (DOB 11/29/1995), and Shaylah Dukes (DOB 8/15/1997). 3. Mother has primary physical custody of all three children. 4. Mother intends to relocate to Newport News, Virginia so that she may reside permanently with Russel R. Harrell ("Mr. Harrell"), who is the father of her two children Asia Harrell and Russel K. Harrell. 5. A clear history of violence and threats of violence exists between Father and Mr. Harrell. In 2007 Father attacked Mr. Harrell. Father knocked Mr. Harrell to the ground, punched him repeatedly, and caused minor physical injuries. Mr. Harrell tried to defend himself and stabbed Father. 7. Following the above-mentioned incident, Father threatened to attack Mr. Harrell again through a series of text messages. 8. In the winter 2007-08, Father pointed a gun at a moving vehicle in which Mr. Harrell was a passenger. 9. Father was convicted of one count of simple assault and two counts of harassment in connection with the above-mentioned incidents. 10. Mother believes that if Father has knowledge of Mr. Harrel's address, additional confrontations will occur. 11. Mother has sought concurrence in this motion from Father's attorney. Concurrence was not obtained. 12. The Honorable Judge Hess has previously ruled in this matter. WHEREFORE, Mother requests that the court grant her leave to provide notice of her intent to relocate to Father without providing the address of her new intended residence. Respectfully Submitted, Date: 3/2/2012 i ( Walker Terry Certified Legal Intern THOMAS M. PLACE ROBERT E. RAINS MARTIN D'URSO MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 AFFIDAVIT I, Kelly Hench, being sworn according to law, depose and say that I am the movant in the foregoing matter, and that the facts in the foregoing motion are true and correct, partly upon personal knowledge and the remainder upon information and belief a ? r ` elly Henc Sworn to and subscribed before me, a Notary Public, this Aay of ' t,. , 201a Notarial Seal Laurie L. Wolf, Notary Public Carlisle Boro., Cumberland County My Commission Expires June 231 2014 Dedric Dukes, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW' IN CUSTODY = 3 r- Kelly Hench, cn 7-0 Defendant NO. 2008 - 5311 CIVIL TERM CERTIFICATE OF SERVICE; a I, Walker Terry, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Motion for Leave to Provide Notice of Intent to Relocate Without the Address of the Intended New Residence on Jane Adams, Esquire, attorney for Plaintiff Dedric Dukes, at 17 West South Street, Carlisle, PA 17013, by depositing a copy of the same i n the United States mail on March 2, 2012. Walker Terry Certified Legal Intern DEDRIC DUKES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2008-5311 CIVIL KELLY HENCH, Defendant IN CUSTODY IN RE: MOTION FOR LEAVE TO PROVIDE NOTICE OF INTENTION TO RELOCATE WITHOUT THE ADDRESS OF THE INTENDED NEW RESIDENCE ORDER, AND NOW, this : T day of March, 2012, a rule is issued upon the plaintiff to show cause, if any, why the within motion for leave to provide notice of intention to relocate ought not to be granted. This rule returnable fifteen (15) days after service. BY THE COURT, r. W rn =rn a ??`+? :. r-:z _q( C CD cn 'c?dti??C/ ?LL' ?{1s1•(? 5a. ,.e ?(ll11nS _ Dedric Dukes, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW CUSTODY Kelly Hench, Defendant NO. 2008 - 5311 CIVIL TERM CERTIFICATE OF SERVICE I, Walker Terry, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of Defendant's Motion to Make Rule Absolute Upon Plaintiff's Failure to Answer on Jane Adams, Esquire, attorney for Plaintiff, at 17 West South Street, by depositing a copy of the same in the United States mail on the 26th day of March, 2012. Walker Terry Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street C- C-S Carlisle, PA 17013 -e; W m _ "' - - j 717 243-2968 r ,.. Fax: (717) 243-3639 in Yom""' ?• ? J T, •• wt• 'r? Dedric Dukes, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW : IN CUSTODY Kelly Hench, CIVIL TERM Defendant : NO. 2008-5311 ORDER OF COURT AND NOW, this Z V day of t+>n,?? , 2012, upon consideration of the attached Motion to Make Rule Absolute upon Plaintiff's Failure to Answer, the motion is granted. BY THE COURT: Date of Q n Ada M 5, e fr t: iy 1 a"o _c. ns f ?a 7 nJ ._ 03 C/1 N -'_ s? C_ co Dedric Dukes, IN THE, COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 1 P? V CIVIL ACTION-LAW - . CUSTODY ?U 7 0 r., s - rr" Kelly Hench, Defendant NO. 08 - 5311 CIVIL TERM -v 5, CER,rIFICATE OF SERVICE r2 I, Walker Terry, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Notice of Intention to Relocate and to Seek Modification of the Existing Custody Order and Counter-Affidavit Regarding Relocation on Dedric. Dukes, residing at 510 School Ave., Carlisle, PA 170]_3, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Dedric Dukes on the 21t" day of April, 2012 as evidence by the attached United States Postal Service tracking record. Completion of service is evidence by the attached green card. Walker Terry Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 USPS.com,-R) -,crack & Confirm English Customer Service USPS Mobile AQUSPS O Track & Confirm GE tN1 AIL U :A - RiNT 11ETAII4 Check on Another Item What's your label (or receipt) number-, Ship a Package Send Mai' Manage Your Mad Shop on,, Page 1 of 1 3egister l Sign In SL RVIr. t:. S'ATU'Of YOUR TEM ('Alt j "O"r First-Class Mare Delive ed April 21. 2012, 2 pm CARLISLE, PA 17013 Expected Delivery By: Apri 21, 2012 Certified Mall Restricted Delivery Return Receipt Processed at USPS April 20, 2012, 11:35 pin HARRISBURG, PA 1 x107 Origin Sort Facility Dispatched to Sort April 20, 2012, 6 pm CARLISLE, PA 17013 Facility Acceptance April 20, 2012, 5.00 Pm CARLISLE, PA 17013 Find LEGAL ON USPS.COM nmenT se,v?c s amps & Slop Labe mt Postage ON ABOUT.USPS.COM OTHER LISPS SITES ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Pont your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: Ihbf i; is A. Ig Ure t i ? Agent ? Addressee M ecelved by (P ' fed Name) C. Date of Delivery Cwt fie 7 (,Ico D. is delivery address different from item 1? ? Yes if YES, enter delivery address belowz? ? No 1 3. Se ice Type certified Mail ?? ?press mail ? Registered ? Retum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) m Yes 2" 7010 1060 0001 1046 9075 https://tools.usps.com/go/TrackCo PS Forr- 3811, February 2004 Domestic Return Receipt 113/20*.,t.. 102595-02-M-1540 ? Dedric Dukes : IN THE COURT OF COMMON PLEAS , Plaintiff : OF CUMBERLAND COUNTY, PENNSYLV,6I?aA m co ? v. : CIVIL ACTION - LAW D DIVORCE ?7 Kell Hench Defendant : NO: 08-5311 CIVIL TERM COUNTE R-AFFIDAVIT REGARDING RELOCATION This proposal of relocation involves the following children: Child's Name Age Currently residing at: 1) Shakwan Dukes 17 60 Kenwood Drive, Carlisle, PA 17013 2) Tre Dukes 16 510 School Avenue, Carlisle, PA 17013 3) Shaylah Dukes 14 60 Kenwood Drive, Carlisle, PA 17013 I have received a notice of proposed relocation and 1. I do not object to the relocation and I do not object to the modification of the custody ?order consistent with the proposal for revised custody schedule as attached to the notice. 2 I do not object to the relocation, but I do object to the modification of the custody order, and I?reque?st that a hearing be scheduled: a. _ Prior to allowing Shaylah Dukes to relocate. b. - After Shaylah Dukes relocates. 3. I do object to the relocation and I do object to the modification of the custody order, and I further request that a hearing be held on both matters prior to the relocation taking place. I understand that in addition to checking (2) or (3) above, I must also file this notice with the court in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I shall be foreclosed from objecting to the relocation. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 (relating to unsworn falsification to authorities). Dated: 15 -- & OTI ?9 1 Dedric Dukes DEDRIC DUKES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2008-5311 CIVIL ACTION LAW KELLY HENCH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, June 15, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at_ 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 05, 2012 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. 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/ acque. ne M. Verney, Esq. ?D Custody Conciliator -???? The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 9 DEDRIC DUKES, Plaintiff V. KELLY HENCH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-5311 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this I L day of 9!th , 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated October 21, 2008 is hereby vacated. 2 The Father, Dedric Dukes and the Mother, Kelly Hench, shall have shared legal custody of Tre Dukes, born November 29, 1995 and Shaylah Dukes, born August 15, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother is permitted to relocate to Newport News, Virginia. 4. Mother shall have primary physical custody of the Shaylah. Father shall have periods of partial physical custody as agreed by the parties. 5. Father shall have primary physical custody of Tre. Mother shall have periods of partial physical as agreed by the parties. 6. Mother's paramour shall not use any physical discipline on the children. 7. Mother shall drop medical/dental insurance on Tre and Father shall add Tre onto his medical/dental insurance. 8. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs 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. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control BY THE COURT, J. cc: Jane Adams, Esquire, Counsel for Father /Emily Duckworth, certified legal intern, Counsel for Mother Megan Riesmeyer, Esquire, Community Law Clinic -oz r-qW Lap;es j.`led `711X//, at? 1' C'? Z 1~. N --i "D C) N C:.3 p rv DEDRIC DUKES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5311 CIVIL ACTION - LAW KELLY HENCH, Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Shakwan Dukes July 27, 1994 Mother Tre Dukes November 29, 1995 Father Shaylah Dukes August 15, 1997 Mother 2. A Conciliation Conference was held in this matter on July 10, 2012, with the following in attendance: The Father, Dedric Dukes, with his counsel, Jane Adams, Esquire, and the Mother, Kelly Hench, with her counsel, Emily Duckworth, certified legal intern, and Megan Riesmeyer, Esquire, Community Law Clinic. 3. The Honorable Kevin A. Hess, P.J. previously entered an Order of Court dated October 21, 2008 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends. Since that Order by agreement of the parties, Father has primary physical custody of Tre. Shakwan turns 18 years of age in 2 weeks and the parties agree that an Order regarding him is unnecessary. 4. Mother filed for Relocation. The parties agreed to an Order in the form as attached. 7-/U-/ 02 4, Date ac eline M. Verney, Esquire Custody Conciliator