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HomeMy WebLinkAbout09-5411TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 CHRISTOPHER P. KELLY, § Plaintiff § V. § JENNIFER M. KELLY, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. bq - 54 It Civil Term CIVIL ACTION - IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 CHRISTOPHER P. KELLY, § Plaintiff § V. § JENNIFER M. KELLY, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Civil Term CIVIL ACTION - IN DIVORCE AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quesjas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se la avisa que si no defiende, el caso puede proceder sin usted y decreto de divorcio o anulmiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantas para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RELAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE OR NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 CHRISTOPHER P. KELLY, § Plaintiff § V. § JENNIFER M. KELLY, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 9- -5-4 It Civil Term CIVIL ACTION - IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(4) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Christopher P. Kelly, by and through his attorney, Tanner Law Offices, LLC, and represents as follows: 1. Plaintiff is Christopher P. Kelly, an adult individual currently residing at 3 806 Copper Kettle Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Jennifer M. Kelly, an adult individual currently residing at 355 Park Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on January 22, 2005 in New Cumberland, Pennsylvania. 5. The marriage is irretrievably broken: Plaintiff and Defendant have lived separate and apart since June 27, 2009, and continue to live separate and apart as of the date of filing this Complaint. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety (90) days from the date of the filing of this Complaint, consent to this divorce. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 8. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff prays that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. COUNT I - EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(A) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 12. Plaintiff and Defendant have been unable to agree as to the equitable division of said property, as of the date of the filing of this Complaint. 13. Plaintiff requests that this Court equitably divide, distribute or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that this Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT II - ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES 14. Paragraphs 1 through 13 are incorporated herein by reference as though set forth in full text. 15. Plaintiff has inadequate funds or earnings to properly support himself or his minor child or to pay his expenses during the pendency of the divorce litigation and subsequent to the entry of a final decree herein. 16. Plaintiff has inadequate funds in which to pay his counsel to represent him in these proceedings, to pay accountants, appraisers and other such costs incurred and to be incurred herein. 17. Plaintiff believes and therefore avers that Defendant has adequate income and assets to pay Plaintiffs counsel fees, as well as costs of any accountants, appraisers or other costs. WHEREFORE, Plaintiff requests this court enter an order granting him alimony pendente lite, counsel fees, costs, and such other expenses as the Court deems appropriate COUNT III - ALIMONY 18. Paragraphs 1 through 17 are incorporated herein by reference as though set forth in full text. 19. Plaintiff lacks sufficient income potential to maintain himself at a lifestyle similar to that which he enjoyed during the marriage subsequent to the entry of a divorce decree. Defendant has the earning potential and ability to maintain Plaintiff subsequent to the entry of a divorce. WHEREFORE, Plaintiff requests this court enter an order granting him alimony as the Court deems appropriate. COUNT IV - CUSTODY 20. Paragraphs 1 through 19 are incorporated herein by reference as if set forth in their full text. 21. Plaintiff seeks partial custody of the following child: Name Present Address Age Michael Kelly 355 Park Avenue 2 New Cumberland, PA 17070 (D.O.B.7/3/2007) 22. The child was born in wedlock. 23. The child is presently in the custody of the Defendant, Jennifer M. Kelly, who resides at 355 Park Avenue, New Cumberland, Cumberland County, Pennsylvania 17070, with the child's grandfather and step-grandmother. 24. During the last five years, the child has resided with the following persons at the following addresses: Persons : Christopher P. Kelly Jennifer M. Kelly Address: 3806 Copper Kettle Road Camp Hill, PA 17011 Dates: 7/07 - 2/09 Christopher P. Kelly 3806 Copper Kettle Road Jennifer M. Kelly Camp Hill, PA 17011 Taylor Belanger (Plaintiff's daughter) Jennifer M. Kelly 355 Park Avenue Grandfather New Cumberland, PA 17070 Step-grandmother 2/09 - 6/27/09 6/27/09-present 25. The mother of the child is Defendant, Jennifer M. Kelly, currently residing at 355 Park Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 26. The father of the child is Plaintiff, Christopher P. Kelly, currently residing at 3806 Copper Kettle Road, Camp Hill, Cumberland County, Pennsylvania 17011. 27. The relationship of the Plaintiff to the child is that of father. 28. The relationship of the Defendant to the child is that of mother. 29. Plaintiff has not participated as a party in other litigation concerning the custody of the child in a court of this Commonwealth or any other state. 30. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 31. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 32. The best interests and permanent welfare of the child will be served by granting the relief requested. The quality of the child's physical, intellectual, moral and spiritual environment would be improved by Plaintiff's continued interaction in his child's life. WHEREFORE, Plaintiff requests the Court to grant Partial Custody of the Child. Respectfully submitted, By: Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements made herein may subject me to penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. 73o/woo Da e Christopher P. Kelly mtiff ?r 51$.50 PD ATTY ?r?aaa?ga/ aa8?93 CHRISTOPHER P. KELLY, Plaintiff V. JENNIFER M. KELLY, Defendant § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENI?SYI'XAN;A § NO. Civil@rm G § CIVIL ACTION -LAW -=' COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Christopher P. Kelly, by his attorney, Tanner Law Offices, LLC, and represents as follows: 2. 3. Name Present Address Michael Kelly 355 Park Avenue New Cumberland, PA 17070 4. The child was born in wedlock. Age 2 (D.O.B.7/3/2007) 5. The child is presently in the custody of the Defendant, Jennifer M. Kelly, who Plaintiff is Christopher P. Kelly, an adult individual currently residing at 3806 Copper Kettle Road, Camp Hill, Cumberland County, Pennsylvania 17011. Defendant is Jennifer M. Kelly, an adult individual currently residing at 355 Park Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. Plaintiff seeks partial custody of the following child: resides at 355 Park Avenue, New Cumberland, Cumberland County, Pennsylvania 17070, with the child's grandfather and step-grandmother. 6. During the last five years, the child has resided with the following persons at the following addresses: 7. 8. 9. 10. 11. 12. Persons . Christopher P. Kelly Jennifer M. Kelly Address: 3806 Copper Kettle Road Camp Hill, PA 17011 Christopher P. Kelly 3806 Copper Kettle Road Jennifer M. Kelly Camp Hill, PA 17011 Taylor Belanger (Plaintiff's daughter) Jennifer M. Kelly 355 Park Avenue Grandfather New Cumberland, PA 17070 Step-grandmother Dates: 7/07 - 2/09 2/09 - 6/27/09 6/27/09-present The mother of the child is Defendant, Jennifer M. Kelly, currently residing at 355 Park Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. The father of the child is Plaintiff, Christopher P. Kelly, currently residing at 3806 Copper Kettle Road, Camp Hill, Cumberland County, Pennsylvania 17011. The relationship of the Plaintiff to the child is that of father. The relationship of the Defendant to the child is that of mother. Plaintiff has not participated as a party in other litigation concerning the custody of the child 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 child and claims to have custody or visitation rights with respect to the child. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 14. The best interests and permanent welfare of the child will be served by granting the relief requested. The quality of the child's physical, intellectual, moral and spiritual environment would be improved by Plaintiffs continued interaction in his child's life. WHEREFORE, Plaintiff requests the Court to grant Partial Custody of the Child. Respectfully submitted, ?- Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 6 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements made herein may subject me to penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 71 ,?0 0 /"/Y ? Y Christopher . Kel CHRISTOPHER P. KELLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-5411 CIVIL ACTION LAW JENNIFER M. KELLY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, August 12, 2009 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 15, 2009 at _1:00 PM fpr a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john f. Man an r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 it : _ 1 :2, r?„ 12 COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Defendant Jennifer M. Kelly CHRISTOPHER P. KELLY, Plaintiff V. JENNIFER M. KELLY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5411 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Jennifer M. Kelly. Respectfully submitted: Dated: ZI 7 O f COYNE & COYNE, P.C. BY: isa arie Coyne, Esquir 9 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esq, hereby certify that true copies of the Praecipe for Entrance of Appearance has been served upon the below-referenced individuals by sending the same by first class mail, postage prepaid, addressed as follows: Tabetha A. Tanner, Esquire TANNER LAW OFFICES, LLC 1300 Market Street, Suite 6 Lemoyne, PA 17043 Attorney for Plaintiff Dated: S 11?71i i COYNE & COYNE, P.C. i BY: ,visa arie Coyne, Esqu 39 Market Street amp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 RY FF K? OF THE PPOTPINIOTARY 2009 AUG 19 Pty 2: 2 5 C _ "A ?Ry t L:3`v SEP 2 3 2009(n CHRISTOPHER P. KELLY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER M. KELLY : No. 09-5411 Civil Term Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this x day of September 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the ? day of , 2009 at 3)agopm in Courtroom number ?_Vm the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. Legal custody: The Mother, Jennifer Kelly, and the Father, Christopher Kelly, shall have shared legal custody of Michael Kelly, born 07/03/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his 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 Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of 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. 3. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody on a repeating two week schedule as follows: a. In week one, commencing the week of 09/13/09, Father shall have physical custody of the Child from Wednesday 4:00 pm until Thursday morning and from Friday 4:00 pm until Monday morning. Absent mutual agreement otherwise, the exchange locations shall occur at Michael's day care. U? b. In week two, Father shall have physical custody of the Child from Wednesday 4:00 pm until Friday morning. Absent mutual agreement otherwise, the exchange locations shall occur at Michael's day care. 4. The instant Order is being entered without prejudice to either party in regard to their respective positions regarding custody of Michael. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: The parents shall arrange a holiday schedule as attached in the absence of mutual agreement otherwise. 7. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. A status conference with the assigned conciliator is hereby scheduled for November 19, 2009 at 10:30 am at the Court of Common Pleas Carlisle PA 17013. In the event both parties feel that said status conference is not necessary, the parties shall contact the assigned conciliator to cancel. 12. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. c n 0 BY THE COURT, J. Distribution: Lisa Coyne, Esq., 3901 Market Street, Camp Hill, PA 17011-4227 Tabetha Tanner, Esq., 1300 Market Street, Ste 6, Lemoyne, PA 17043 John J. Mangan, Esq. ,.Cecura?Q HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da 1 st Half From 9 am until 3 m Father Mother Easter Day 2n Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 9 am Thanksgiving Day to 3 m on Thanksgiving Da Father Mother Thanksgiving 2n half From 3 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day I From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father CHRISTOPHER P. KELLY Plaintiff V. JENNIFER M. KELLY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 09-5411 Civil Term : ACTION 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 Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Michael Kelly 07/03/2007 Primary Mother 2. A Conciliation Conference was held on September 17, 2009 with the following individuals participating: The Mother, Jennifer Kelly, with her counsel, Lisa Coyne, Esq. The Father, Christopher Kelly, with his counsel, Tabetha Tanner, Esq. 3. Mother's position on custody is as follows: Mother maintains that she has been the Child's primary care-giver and desires to have primary custody of the Child. Mother maintains that Father has not been a "hands on" Father to Michael and that she has shouldered the majority of the parenting responsibilities. Mother alleges that Father has been emotionally and physically inappropriate with her. Mother indicates that Father currently has full custody of a nine year old daughter from a previous relationship. Mother asserts that Father has his hands full with helping his daughter cope with emotional/physical abuse in her past (perpetrated by a non-party to this action). Mother maintains that she can offer a stable appropriate living environment for Michael and that Michael would be better off primarily living with her. 4. Father's position on custody is as follows: Father seeks at least a shared physical custody situation with Michael. Father denies any and all allegations regarding inappropriate emotional/physical behavior. Father maintains that he has played an active role in raising Michael. Father states that he lives in the marital residence and that Michael is very comfortable around him and in Father's residence. Father and Mother live approximately five miles apart from one another. Father indicates that he has been engaging his daughter in counseling and the situation is getting better. Father indicates that he is equally able to offer the Child a stable home environment as Mother can. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: 2- 2 ?7 John J. M squi re Custody C tania tor CF THE FR77.-',?'? "CRY 2009 SLEP 28 Fait 3, 4 5 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff CHRISTOPHER P. KELLY, § IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner § CUMBERLAND COUNTY, PENNSYLVANIA V. § § NO. 09-5411 Civil Term JENNIFER M. KELLY, § Defendant/Respondent § CIVIL ACTION - IN DIVORCE PETITION FOR SPECIAL RELIEF: INJUNCTION AGAINST DISSIPATION OF MARITAL PROPERTY PURSUANT TO SECTIONS 3104(a) AND 3323(8 OF THE DIVORCE CODE AND PENNSYLVANIA RULE OF CIVIL PROCEDURE 1920.43 AND NOW, comes the Plaintiff, Christopher P. Kelly, by and through his attorney, Tanner Law Offices, LLC, in order to preserve and protect the parties' marital property and, in support of the Petition, respectfully represents as follows: 1. Petitioner, Christopher P. Kelly, is the plaintiff in this divorce action and currently resides at 3 806 Copper Kettle Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent, Jennifer M. Kelly, is the defendant in this divorce action, and currently resides at 355 Park Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The parties are husband and wife, having been married on January 22, 2005. 4. The parties separated on June 27, 2009. 5. The action was commenced by filing a Complaint in Divorce on August 4, 2009 in which Petitioner included claims for, inter alia, a claim for equitable distribution of the marital assets. 6. Petitioner has a net monthly income of $3,624.00. 7. The Petitioner is residing in the marital residence and has been making the mortgage payment without any assistance from the Respondent since August 2009 in the amount of $1,935.00. 8. The marital residence is deeded to both Petitioner and Respondent. 9. The Petitioner is responsible for the monthly payment of $462.00 for the loan for the parties's vehicle, a 2008 Honda CR-V. 10. The 2008 Honda CR-V is titled in the names of both Petitioner and Respondent. 11. The Petitioner is paying child support to Respondent in the amount of $771.00 per month. 12. The Petitioner is paying $382 per month for the day care expenses of his daughter, Taylor. 13. The Petitioner's monthly expenses for the mortgage, vehicle and child support and day care expenses are equal to $3,550.00. 14. The Petitioner's monthly expenses for the mortgage, vehicle and child support and day care expenses leave him with $74 per month in which to pay for utilities, gas for his vehicle, groceries and other living expenses. 15. Petitioner cannot afford to make the monthly mortgage, vehicle, child support and day care payments. 16. Petitioner has contacted Respondent, requesting that she cooperate in trading in the 2008 Honda CR-V so Petitioner can purchase a less expensive vehicle. 17. Petitioner has contacted Respondent, requesting that she cooperate in listing the marital residence for sale. 18. Petitioner's attorney has contacted opposing counsel via telephone and letter requesting that she advise Respondent to cooperate in listing the marital residence for sale and trading in the 2008 Honda CR-V. 19. Petitioner's attorney has been unable to obtain a response to her requests from opposing counsel. 20. Respondent's attorney and Respondent have refused to cooperate in trading in the 2008 Honda CR-V or listing the marital residence for sale. 21. The relief sought by Petitioner: a. is necessary to protect both parties' interests in the marital property. If the marital residence is not sold, Petitioner may have to allow the bank to foreclose on the property; b, is necessary to effectuate the purposes of the Divorce Code; C. is required by equity and justice. 22. Petitioner has no other adequate remedy at law. 23. Pursuant to Section 3104(a) of the Divorce Code, the relief sought by this Petition can be fairly and expeditiously determined and disposed of in this action. WHEREFORE, Petitioner, Christopher P. Kelly, respectfully requests that this Court enter an order: A. Directing that Respondent shall be required to cooperate in trading in the 2008 Honda CR-V. B. Directing that Respondent shall be required to cooperate in listing the marital property for sale. C. Granting Petitioner's attorneys fees and costs in bringing this action; D. Such other relief as this Court may deem appropriate. Respectfully submitted, y-? 1?1"w Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 6 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Petition for Special Relief. Injunction Against Dissipation of Marital Property Pursuant to Sections 3104(a) and 3323(f) of the Divorce Code and Pennsylvania Rule of Civil Procedure 1920.43 are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: l a a60 61 RL ' '- TL't :t n: 9'f COY 21 Pi i v: CO CHRISTOPHER P. KELLY, Plaintiff V. JENNIFER M. KELLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5411 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF: INJUNCTION AGAINST DISSIPATION OF MARITAL PROPERTY PURSUANT TO SECTIONS 3104(a AND 3323(f) OF THE DIVORCE CODE AND PENNSYLVANIA ^ RULE OF CIVIL PROCEDURE 1920.43 ORDER OF COURT AND NOW, this 26 h day of October, 2009, upon consideration of the above petition, a hearing is scheduled for Monday, December 7, 2009, at 10:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Tabetha A. Tanner Esq. 1300 Market Street Suite 10 Lemoyne, PA 17043 Attorney for Plaintiff --" Lisa Marie Coyne, Esq. 3901 Market Street Camp Hill, PA 17011 Attorney for Defendant :rc L iYL? LL J HLt rF 4F THE 1??,O QTAAY 2089 OCT 2? PM 3: 12 CLUBLViL (YUNTY PMSYLVANIA CHRISTOPHER P. KELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW JENNIFER M. KELLY, Defendant N0.09-5411 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES/REQUESTFQR PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this 22"d day of January, 2010, upon consideration of Plaintiff s Motion To Compel Answers to Interrogatories/Request for Production of Documents, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 21 days from the date of this order. /Tabetha A. Tanner, Esq. 1300 Market Street Suite 10 Lemoyne, PA 17043 Attorney for Plaintiff Lisa Marie Coyne, Esq. 3901 Market Street Camp Hill, PA 17011 Attorney for Defendant :rc //~, f !r~ ~~ ' :__, r y - -7-, ~. ° ---~ ~ ~1~ _:~:~ ~ ~ "' ? f = ~... , -~ , - r,~~ .__.. .. -~ :., <„ ~~ . c:G •s: BY THE COURT, CHRISTOPHER P. KELLY, Plaintiff v. JENNIFER M. KELLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-5411 CIVIL TERM IN RE: DEFENDANT' S PETITION FOR EMERGENCY RELIEF TO INTERROGATORIES/REOUEST FOR PRODUCTION ORDER OF COURT AND NOW, this 22°d day of January, 2010, upon consideration of Defendant's Petition for Emergency Special Relief, it is hereby ordered and directed as follows: 1. Pending further order of court, neither parry shall transfer, secrete, appropriate, pledge, alienate, sell, or encumber in any way, any of the marital property of the parties. Further, and in particular, a copy of this Order shall be provided to the 401 (k) Plan administrator of Respondent's Employer, Tristan Associates, directing that no funds, being held for the benefit of Christopher P. Kelly in a certain 401 (k) plan, shall be permitted to be removed, liquidated, or transferred without prior and permission of this Court. This order shall apply to all funds held in Christopher P. Kelly's 401 (k) account. 2. A hearing concerning the within Petition shall be held on the 25`" day of February, 2010, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. c> c~_ ^~ ~ ~; BY THE COURT, .~ i,_~-° --~ ` -- c._. 3~ > ~ =i T 7 K - y -- r „ ` l ('-_ ~7 f i ~ t ,- t ~} ~~ _ x ~ l ~ t, ~ ,7 ~` s,' s ' ~ ~~ _ ~ ' J 'Wesley Ol~r~. r., J. ~ f '::' "( e ~' c,.~ .~ ~ , /Tabetha A. Tanner, Esq. 1300 Market Street Suite 10 Lemoyne, PA 17043 Attorney for Plaintiff ~/L,isa Marie Coyne, Esq. 3901 Market Street Camp Hill, PA 17011 Attorney for Defendant :rc ~o~~Q„s mkt /~~ s~~v COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 .•7 Z~Ifl J~~~~ 2~7 ~~~ z~~ ~ i f ( ;:_. __ Attorney for Defendant CHRISTOPHER P. KELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : N0.2009-5411 CIVIL TERM JENNIFER M. KELLY Defendant :ACTION IN DIVORCE CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, do hereby certify that I have this date served an original of the foregoing Answers to Plaintiff's Interrogatories to Defendant on the following individual, by Personal Hand Delivery to: Tabetha A. Tanner, Esq. Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Date: r - 2 7 ~" ZO / D ~- sa arie Coyne At orney for Defendant COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant ~t! LL: ~Qf 0 J~,o~ 2 7 ~' ~'~ U ~ ~Un~;:. CHRISTOPHER P. KELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : N0.2009-5411 CIVIL TERM JENNIFER M. KELLY Defendant :ACTION IN DIVORCE CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, do hereby certify that I have this date served an original of the foregoing Answers to Plaintiff's Request for Production of Documents on the following individual hand delivery to the following: Tabetha A. Tanner, Esq. Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Date: ~,. !'27-Zato ~- Lisa e Coyne Attorney for Defendant COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 1 70 1 1-4227 (717) 737-0464 201Q Jb~i~ ~Ci ~ii .;• 1 ~ ;,~ Attorney for Defendant CHRISTOPHER P. KELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.2009-5411 CIVIL TERM JENNIFER M. KELLY Defendant :ACTION IN DIVORCE CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, do hereby certify that I have this date served a copy of Judge Oler's Order of Court Granting Emergency Relief, dated January 22, 2010 and issued by the Prothonotary on January 25, 2010 upon the following individual, by Facsimile and by first class mail: Jim Digiandomico Director of Human Resources Tristan Associates Administrative Center 4520 Union Deposit Road Harrisburg, PA 17111 Date: ~ ~ 2~ '201 0 c1~ i Marie Coyne torney for Defend CHRISTOPHER P. KELLY, Plaintiff v. JENNIFER M. KELLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-5411 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF TO INSPECT AND INVENTORY HOME PURSUANT TO SECTIONS 3104(a), 3323(f) AND 3505(a, OF THE DIVORCE CODE AND PENNSYLVANIA ORDER OF COURT AND NOW, this 17~` day of March, 2010, upon consideration of Defendant's Petition for Special Relief To Inspect and Inventory Home Pursuant to Sections 3104(a), 3323(f) and 3505(a) of the Divorce Code and Pennsylvania, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 7 days of service. ~etha A. Tanner, Esq. 1300 Market Street Suite 10 Lemoyne, PA 17043 Attorney for Plaintiff isa Marie Coyne, Esq. 3901 Market Street Camp Hill, PA 17011 Attorney for Defendant J J ~ ~ c~ ~,~ ~, _n .,~- ~ - . ~~ ; „~ - ~w , --~ ^~, ~- :rc BY THE COURT, ~l~y~'^~vG t?F THc P;~Cf~P~T~Y TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff 20~o nay 25 ~n 2= ~~ ,: CHRISTOPHER P. KELLY, § IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent § CUMBERLAND COUNTY, PENNSYLVANIA v. § § NO. 09-5411 Civil Term JENNIFER M. KELLY, § Defendant/Petitioner § CIVIL ACTION - IN DIVORCE ANSWER TO DEFENDANT'S PETITION FOR SPECIAL RELIEF TO INSPECT AND INVENTORY HOME PURSUANT TO SECTIONS 3104(a), 3323(f) and 3305(a) OF THE DIVORCE CODE OF PENNSYLVANIA AND NOW, comes the Plaintiff, Christopher P. Kelly, by and through his attorney, Tanner Law Offices, LLC, and provides the following Answer to Defendant's Petition for Special Relief to Inspect and Inventory the marital residence: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part. Denied in part. It is admitted that the parties separated when the Petitioner left the marital residence on June 27, 2009 on the pretense of going on vacation with the parties' child and then (without any warning or discussion with the Respondent), did not return to the marital at the conclusion of the vacation. It is admitted that the Petitioner left the clothing and personal possessions that she did not need for vacation plans at the marital residence. It is specifically denied that the Petitioner left the marital residence due to any pattern of emotional or physical abuse by the Respondent. 8. Denied. After the parties separated on June 27, 2009, Petitioner went back to the marital residence on her own on July 1, 2009 and took from the marital home, taxes, Respondent's W-2s and other financial documentation. The Petitioner could have taken other personal possessions that she wished at that time. No "pleading" on part of Petitioner's counsel took place nor did any "pleading" result in Petitioner's obtaining said personal items. Rather, Petitioner sent Respondent a list of items that she wished to have. Respondent took the list of items she requested, and placed them neatly into trash bags. Respondent called Petitioner on her cell phone to tell her that he was on his way with her items. As he had his daughter in the car and did not want any confusion with her seeing the Petitioner, Respondent neatly placed the neatly filled trash bags in a neat pile next to the walkway on Petitioner's parents lawn and told Petitioner that if she needed anything else that all she had to do was let him know. Petitioner made an additional request for personal items around Thanksgiving 2009, which request included, among other things, tennis racquets. Respondent again, provided all requested items to Petitioner without damage. Petitioner has not made any further requests for personal possessions. 9. Admitted. Answering further, Petitioner is also in exclusive possession of marital assets which are owned jointly by the parties. 10. Admitted. Answering further, Petitioner testified at the February 25, 2010 hearing on Respondent's Petition for Special Relief that Respondent asked her to help purchase dog food for the dog (Transcript P. 67). She also testified that Respondent asked her on several occasions to come and get the dog because he could not afford to feed and take care of the dog with the reduced household income and the increased expenses of his daughter living with him. She testified that she could not get the dog because she was living with her parents and they "don't allow a dog in the home.... I couldn't get the dog until my situation changed." (Transcript P. 67). Due to Petitioner's unwillingness to help financially support the dog and her unwillingness to provide a home for the dog, Respondent was faced with the choice of feeding the dog or feeding his children. He gave the dog away to ensure that the dog and his children were properly cared for, but only after providing the Petitioner with the option of helping to feed and/or house the dog. 11. Admitted in part. Denied in part. It is admitted that Attorney Tanner contacted Attorney Coyne on January 18, 2010. It is denied that Attorney Tanner stated that her client "intended to quit his job with Tristan Associates and to permanently leave the jurisdiction ..." Answering further, Attorney Tanner stated that the Respondent was considering his options, one of his options being to return to his family in Canada where he could receive the same financial support that Petitioner's family is providing to her. It was stated that if he decided to exercise this option, he would likely do so within 2 weeks of said telephone call. Respondent did not exercise that option and has remained in the United States for more than 3 months now after said telephone call and has expressed his desire to remain in the marital residence with his daughter and son. Part of the conversation also requested that Attorney Coyne discuss options with her client to reduce Respondent's child support obligation so that he could better meet his financial obligations and remain in the United States with his children. Petitioner accommodated this request at the January 2010 support conference by waiving his arrears and reducing his support obligation. It is specifically denied that Attorney Tanner stated that Respondent had decided to exercise his option to relocate to Canada. 12. Denied. June 27, 2010 is a date in the future and as such Respondent is unable to respond to said allegation. To the extent that a response is required, the allegation is denied. 13. No response is required as to Petitioner's state of mind. Answering further, Respondent has done nothing to suggest that he has in any way destroyed, secreted, transferred or transported any single item let alone "the contents of the marital home." Answering further, Petitioner is the one who came to the house when she knew Respondent would not be there on July 1, 2009 to take items from the marital residence. Answering further, when Petitioner requested items from the marital residence, Respondent promptly complied and delivered the requested items, demonstrating that the items have not been destroyed, secreted, transferred or transported. He also stated that if there was anything else she wanted, all she had to do was tell him. She has made no further requests for any items from the home. No proposal for property distribution has been presented such that a response would lead one to believe that the marital items left at the marital residence are not still at the marital residence. The Respondent specifically denies destroying, secreting, transferring or transporting any marital items other than the dog and only for the extreme reasons provided in this Answer. 14. Denied. Answering further, there has been no request to appraise any marital property. There is no basis to believe that any marital property located in the marital residence has been wasted, destroyed, secreted, or hidden. To the contrary, upon request for marital items, said marital items were carefully returned to the Petitioner, demonstrating that the marital items located in the residence are being protected for the benefit of both parties. There has not been a request to appraise the property for possible future litigation in the form of a Master's hearing, only an intent to look over the marital residence. An inspection and inventory is nothing more than an attempt to harass the Petitioner and to disrupt his daily life and that of his two children. 15. Admitted. Answering further. Respondent, through counsel, has fully complied with Petitioner's discovery request. 16. Admitted. Answering further, counsel for Petitioner sent a facsimile to counsel for Petitioner at 2:52 PM on Thursday, February 25, 2010 requesting that dates and times be provided for an inventory and inspection "by close of business on Friday, February 26, 2010." 17. Admitted. Answering further, on Friday, February 26, 2010 at 4:13 P.M. counsel for Petitioner sent counsel for Respondent a fax which stated in pertinent part "Is your client going to provide a list of available dates and times to conduct the inventory and inspection of the marital home prior to March 13, 2010?..." 18. Admitted. On March 3, 2010 at 1:10 P.M. counsel for Petitioner sent counsel for Respondent a fax which stated that, without any reason for the urgency, that a response was needed by 5:00 P.M. that same day (Exhibit "A"). On March 3, 2010, counsel for Respondent faxed a letter to counsel for Petitioner stating in pertinent part, that "before we can even discuss possible dates, I will need some additional information. For example, who do you propose do the inventory? Is there some reason that this can only be done during business hours when my client is working? If this the only time the individual you are considering is available, perhaps we need to consider other options." (Exhibit «B~~) In response to said letter, counsel for Petitioner sent counsel for Respondent a letter also dated March 3, 2010 which stated in pertinent part "I gather from your memo that your client will not comply with this request and I will seek Court Order for the undertaking." (Exhibit "C") 19. No response is required. 20. Denied. Petitioner paid the March 1, 2010 mortgage payment on February 3, 2010 despite the fact that it was not due until March 1, 2010 and despite the fact that Respondent stated multiple times his intention to pay the March 1, 2010 mortgage payment. Answering further, on February 25, 2010, after the hearing before the Honorable Judge Oler, Respondent wrote a check in the amount of the mortgage payment to Petitioner to reimburse her for the March 1, 2010 mortgage payment. (Exhibit "D"). The reimbursement was made based on Respondent's belief that Petitioner would comply with the Honorable Judge Oler's February 25, 2010 Order requiring her to "immediately cooperate in securing a reduction in mortgage payments regarding the marital residence." Counsel for Respondent stated at same hearing that she did not interpret this language to require her client to sign the Bank of America documents which needed to be submitted by March 1, 2010, but suggested that perhaps this language required Respondent to re-finance the home and Petitioner would cooperate with same. Upon receiving clarification from the Honorable Judge Oler, in chambers, that he did in fact mean to require Petitioner to sign the original Bank of America documents, Respondent believed that the mortgage reduction would be secured based on cooperation of both parties. On February 25, 2010, Petitioner, through counsel, copied the Bank of America documents which counsel for Respondent provided, signed the copied documents, despite a request that the original documents (as requested by Bank of America and ordered by the Honorable Judge Oler) be signed and returned to counsel for Respondent for signature, and sent the copied documents with only Petitioner's signature on it to Bank of America. After learning that Petitioner had not signed the original documents that were returned for Respondent's signature, Respondent contacted Bank of America and was told that if both signatures were not on the original application, the application would be "viewed as incomplete" and the loan modification would be denied. Thereafter, counsel for Respondent sent a letter to counsel for Petitioner on February 26, 2010, relaying this information and requesting that Petitioner come to counsel for Respondent's office before close of business on February 26, 2010 to sign the original Bank of America documents so that they could be overnighted to Ban of America to ensure arrival by March 1, 2010. Petitioner did not honor this request. Believing that the application would therefore be denied due to Petitioner's lack of cooperation and violation of the Court Order, Respondent did stop payment on the reimbursement check issued to Petitioner. Respondent believes that the mortgage reduction will be denied based on Petitioner's failure to cooperate with the court mandated directive. Therefore he does not believe he should lose the mortgage reduction and the March 1, 2010 mortgage payment as well. Answering further, on or about March. 16, 2010 Respondent made the mortgage payment which is not due until April 1, 2010. (Exhibit "E") 21. Admitted. 22. Admitted. Answering further, the February 25, 2010 Order of Court In Re: Petition for Special Relief specifically states "Each party is enjoined from alienating, encumbering, dissipating in value, transferring or otherwise reducing in value any item of marital property." Respondent has done nothing but demonstrate respect for the marital property and has returned, in good order, all requested marital items from the marital residence. No request has been made for appraisal of the marital property in anticipation of a Master's hearing. Given the relationship between Respondent and counsel for Petitioner, Respondent specifically opposes counsel for Petitioner personally doing an inventory of the marital residence. While Respondent specifically opposes any inventory or inspection as he believes it is nothing more than an attempt to harass Respondent given his continual demonstrations that all marital assets requested are in the residence, in good order, and timely returned upon request, if this Honorable Court grants said petition, Respondent specifically requests that a neutral person do the inventory and inspection and that it is not done by Petitioner or counsel for Petitioner and that the costs of said inventory and/or inspection be borne by Petitioner. WHEREFORE, Petitioner, Christopher P. Kelly, respectfully requests that this Court enter an order: A. Denying Petitioner's Petition for Special Relief to Inspect and Inventory Home Pursuant to Sections 3104(a), 3323(f) and 3505(a) of the Divorce Code and Pennsylvania; and B. Order Petitioner to pay Respondent his reasonable counsel fees incurred in defending this Petition. Respectfully submitted, G~-~ /7' !rT~ fit. Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Answer to Petition for Special Relief to Inspect and Inventory Home Pursuant to Sections 3104(a), 3323(f) and 3505(a) of the Divorce Code and Pennsylvania are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: I '(a ~-C li o~,~ o?D O r Christopher P. e ly --- COYNE & COYNE -,.f A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne Lisa Marie Coyne Jaime L. High 3901 Market Street Camp Hill, Pennsylvania 17011-4227 717-737-0464 Fax: 717-737-5161 www.coyneandcoyne.com March 3, 2010 THIRD REQUEST FOR INFORMATION VIA FACSIMILE and First Class Mail: Tabetha A. Tanner, Esq. 1300 Market Street, Suite 10 Lemoyne, PA 17043 Dear Attorney Tanner: Re: Kelly v. Kelly I wrote to you on February 25 and 26, 2010 requesting the scheduling of an inventory and inspection of the marital residence so that there is no further dissipation of marital assets by your client. My two prior memos to you requested a list of available dates and times to conduct the inventory and inspection of the marital home prior to March 13, 2010. The times would have to be between 8:00 a.m. and 5:00 p.m., during weekdays. Please provide me with the suggested dates and times by 5.00 p m todav If you object to this .request, please advise promptly so that a Court Order can be secured to conduct the inspection and inventory. Additionally, you have failed to provide to this office with copies of documents your client was required to file concerning Bank of America Mortgage. As you know, my client timely filed her documents and I provided copies of those documents to you. Did your client file the required documents? Very truly yours, OYNE & COYNE~, P.C. ` L~ a Marie Coyne LMC/cmc Cc: Mrs. Jennifer M. Kelly Exhibit "A" NNER AW OFFICES, LLC Ms. Lisa Marie Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Hill, Pennsylvania 17011 March 3, 2010 Re: Kelly v. Kelly Docket No.: 2009-5411 Dear Lisa: This is your third request for a same day response which is not typical business practice nor is it realistic. With regard to your request for an inventory and appraisal of the marital residence, before we can even discuss possible dates, I will need some additional information. For example, who do you propose will do the inventory? Is there some reason that this can only be done during business hours when my client is working? If this is the only time the individual you are considering is available, perhaps we need to consider other options. With regard to your client's Mount Sinai account, if you review the discovery response that you provided to me, you will notice, (as you acknowledged in our telephone conversation on January 29, 2009), that the first statement for this account is second quarter 2005. The parties were married January 2005. Therefore, inorder todetermine apre-marital balance, I will need either the 4th quarter 2004 or 1 st quarter 2005 statement. There is no need for me to subpoena this information. Your client is required to provide it as per our discovery request and the Order to Compel. Please provide this document to me on or before March 15, 2010. Please note that my client provided your client with a check equal to the mortgage payment that your client made on February 2, 2010. My client reimbursed her for these funds based on the belief that your client would abide by the court Order requiring her to sign the original Bank of America Documents by March 1, 2010 thus securing the mortgage modification. Based on your client's violation of the court order and my client's discussion with Bank of America indicating that two individual agreements rather than one joint 1300 Market Street • Suite 10 • Lemoyne, PA 17043 Telephone (717) 731-8114 • Fax (717) 731-8115 Web Address: www.tanner-law.com E-Mail ttanner@tanner-law.com Exhibit "B" i agreement would not satisfy their requirements for the modification, it is my client's understanding that the application for mortgage modification will be denied. If the mortgage modification is denied due to your client's violation of the order, there is no need for my client to lose the house and the mortgage payment as well. As such, he has cancelled this check. If, by some chance, the mortgage modification is approved, he will be willing to re- issue acheck in the amount of the mortgage payment. If you have any questions or concerns, please feel free to contact me in writing. Very truly yours, ~~ Tabetha A. Tanner, Esquire Copy to: Chris Kelly TAT/mrp COYNE & COYNE _.. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne 3901 Market Street 717-737-0464 Lisa Marie Coyne Camp Hill, Pennsylvania Fax: 717-737-5161 Jaime L. High 17011-4227 www.coyneandcoyne.com VIA FACSIMILE and First Class Mail: Tabetha A. Tanner, Esq. 1300 Market Street, Suite 10 Lemoyne, PA 17043 March 3, 2010 Re: Kelly v. Kelly Dear Attorney Tanner: Thank you for your memo, dated March 3, 2010. As stated in my February 25, 26, and March 3, 2010 memo to you, I requested a scheduling of an inventory and inspection of the marital residence so as to ensure is no further dissipation of marital assets by your client. It has been a week since this information concerning possible date/times were requested. My client and I will do the inventory and inspection. I did not indicate there would be an appraisal at this time. Quite frankly, I do not know why your client is reluctant to permit inspection and inventory of the marital home and contents if he has nothing to hide. I gather from your memo that your client will not comply with this request and I will seek Court Order for the undertaking. With regard to your question concerning 401Ks, you have all the statements which my client has concerning 401 K. My client has complied with all discovery requests. You can subpoena the administrator if you require additional statements. Did your client file the required documents with BOA on or before March 1, 2010? That is simple question. If he did, I request copies of all documents submitted by him or by you on his behalf. Lastly, I remind you again of the following document request 1. Your client's W-2 for 2009; 2. Your client's 2009 income tax return, when filed; 3. Your client's current statement of his 401K and profit sharing plan through Tristan. Your client has only submitted is a summary sheet of the 401K values; and 4. Your client's last 6 paystubs. Very truly yours, LMC/cmc Cc: Mrs. Jennifer M. Kelly COYNE & COYNE, ~Py.C. ~" Lisa Marie Coyne l Exhibit "C" ^ ^ CHRISTOPHER P. KELLY 139 3808 COPPER KETTLE RD 80-8111/2313 CAMP HILL, PA 17011 717-895-3877 DATE PAT TO THE ~ ~ O /1~ ~ ~T f ~ ~ RDER OF~~ ~...~(._ . ..L.~.. ~t 8 ::~~,~., r~ ~ ~ '~ ~ ~ ~ ~ ~ . to ootraxr la~s , n t t ~IYI 6 ~ e PSEC~ l`wF~fy-fie a~ cen HARRISBURG, PA 17110.2990 /~ Fo, 4r ~~~-~--~no~ f a~ P G E.23i38iii6E.0i39 ~~~045274219011' 0 0 Exhibit "D" Pag Check #0144 . .. - _ o CHRISTOPHER P. KELLY ~ 3806GOPPER KETTLE RD ~~~~ BO-Bi1t/23t3 GAMR HILL, PA 17011 717-685-3877 . .~ /~' OATS` PAY TO THE ~O/K~- ~ p J t ~ L ,p ~ .. _j ,,~..,_. ; ~ y ..~ z l ~ y~ ~/ ,_..~w ......, ~ o QRDER OF C [/At ~/l~~~i! 1f) Ii[/A~/~1 f0/Ca. JIA/ Q~/~~1~ ^ ~ ~.cX ~tM f ~w~R~~ ~u.• rt n >~t s PSE~ r HARRISBURG, PA 17110.2990 ~t * f~` y1 o3p.7 .FOR /~Drll l fr~df OQVwet ~2 "' ~~.. ~:23L38ii 6~.0L44 n~fl452?42L901~' ~ ~ r~ it - ,~- -------------- - - - - -- c` y n ,' 2 r L. 7 ~ 1 -- ~ __ _ "; "312257 310602 06 01 Credited Wit~rin T ~ „'1'31420385 03201.0 Named Payed - - #123317881'8 PM _. ,- ~ .. , - r = ;, -- -. T: r ' FRONT/BACK CHECK IMAGE VIEW Please Note: Information written on a check using a Gel Pen may cause the information to not appear as part of the check image. View both front and back to print... • ~«~~~~d by ~A~ o~ 3/aoly Ca,~~ o~~ oir ~.y a«e u„F o~ 3/~~/~~ https://homebank.psecu.com/CheckImages/PrintView.aspx?032220100001440001039185... 3/23/2010 Exhibit "E" CHRISTOPHER P. KELLY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.09-5411 Civil Term JENNIFER M. KELLY, :CIVIL ACTION -LAW Defendant IN DNORCE n ~ _ r-.- ~ ~7 -..i ~ s^ -..~ PRAECIPE TO WITHDRAW APPEARANCE ~ ' - r s - ~, __: .._ , »~ - -ri TO THE PROTHONOTARY: `~ c. _a` Please withdraw the appearance of Tabetha A. Tanner, Esquire as counsel for (-istm~her P. Kelly, Plaintiff in the above-captioned matter. Date: , 2010 ~~r ~ 7 Tabetha A. Tanner, Esquire I.D. No. 91979 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearances of Max J. Smith, Jr., Esquire and Jarad W. Handelman, Esquire, as counsel for C'riristopher P. Kelly, Plaintiff in the above-captioned matter. Date: 3 , 2010 Max JJ Smith, Jr., Es `ire I.D. No. 32114 Jarad W. Handelman, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 CHRISTOPHER P. KELLY, Plaintiff v. JENNIFER M. KELLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.09-5411 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 8~' day of June, 2010, upon agreement of counsel, the hearing previously scheduled in the above matter for June 8, 2010, is rescheduled to Thursday, August 19, 2010, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. ~arad Handelman, Esq. P.O. Box 650 Hershey, PA 17033-0650 Attorney for Plaintiff !'f,isa Marie Coyne, Esq. 3901 Market Street Camp Hill, PA 17011 Attorney for Defendant ~~ p~ wLa,..;~d ~19~~0 I- -' ~L c -rJ ~;+, rrt~; ~:. ~`" f~: ~p ~.; ~i ~` C N ~. 1 C7 c ,~ ~~ -~; ~'Ti ~~ .~ ~~~ r. _. ~-~', ~` t~z BY THE COURT, CHRISTOPHER P, KELLY PLAINTIFF V. JENNIFER M. KELLY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-5411 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, July 09, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 20, 2010 at 1:00 PM for a. Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ ohn .Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1.990. 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 L o ~' ~~,• [ ~ flu mss': ~ ~~^ ~~ 32 South Bedford Street ~'-' ~ ~; ~- ~- ~ ~ Carlisle, Pennsylvania. 17013 _ _. ,. ~~ Telephone (717) 249-3166 ~. ~' ~ • t 2~• to ~~~- ~. a it~tane~ct.n S ~i ~ ~ , X,:~` ~. ~: ;-i '~' -: 1T, -~, ice,. ~. . CHRISTOPHER P. KELLY, Plaintiff V. JENNIFER M. KELLY, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5411 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF and DEFENDANT'S PETITION FOR SPECIAL RELIEF TO INSPECT AND INVENTORY HOME PURSUANT TO SECTIONS 3104(a), 3323(f), and 3505(a) OF THE DIVORCE CODE AND PENNSYLVANIA ORDER OF COURT AND NOW, this 18`h day of August, 2010, upon agreement of counsel, the hearing previously scheduled in the above matters for August 19, 2010, are rescheduled to Wednesday, December 1, 2010, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. ,, Jarad Handelman, Esq. P.O. Box 650 Hershey, PA 17033-0650 Attorney for Plaintiff isa Marie Coyne, Esq. 3901 Market Street Camp Hill, PA 17011 Attorney for Defendant :rc , (2 M C41 <tccL S ?Q BY THE COURT, J. Wesley Oler, Jr., J. w -x 'a " 6(/ alu CHRISTOPHER P. KELLY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-5411 Civil Term JENNIFER M. KELLY Defendant : ACTION IN CUSTODY Prior Judge: J. Wesley Oler, Jr., J. COURT ORDER AND NOW, this 225r day of August 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Legal custody: The Mother, Jennifer Kelly, and the Father, Christopher Kelly, shall have shared legal custody of Michael Kelly, born 07!03/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his 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 Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of 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. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody on a repeating two week schedule as follows: a. In week one, Father shall have physical custody of the Child from Tuesday 4:00 pm until Thursday morning and from Friday 4:00 pm until Sunday 7:00 pm. Absent mutual agreement otherwise, the exchange location shall occur at the Sheetz store in Silver Springs Township. b. In week two, Father shall have physical custody of the Child from Wednesday 4:00 pm until Friday morning. Absent mutual agreement otherwise, the exchange location shall occur at the Sheetz store in Silver Springs Township. C. In regard to the actual physical exchange of the Child, Father shall remain at/near his vehicle for the exchange. d. The parents may alter this schedule by mutual agreement. V 4. Both parents shall have appropriate car seats for the Child. and shall have their car seats inspected and follow the recommendations. 5. Counseling: Father has agreed to, and shall, be in contact with the Child's pediatrician within one week of the instant Order to ascertain whether the pediatrician is recommending the Child engage in some sort of play therapy/counseling. If the pediatrician does in fact recommend counseling/therapy, the parties shall mutually agree on an appropriate professional within ten days of the recommendation to provide said counseling/therapy. 6. Within two weeks of the instant Order, the parents shall communicate with each other in regard to whether the subject Child shall be baptized. Furthermore, the Father has agreed to communicate with Mother's selected priest to gather more information in regard to the proposed baptism. In the event that the parents can not agree whether the Child should be baptized, the parties may contact the assigned conciliator for a telephonic conference. 7. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Furthermore, communication between the parents shall be limited to telephonic/email/text messaging pertaining to the custody and care of the minor Child. 8. Holidays: The parents shall arrange a holiday schedule as attached in the absence of mutual agreement otherwise. Additionally, each parent shall have physical custody of Michael on their respective birthdays. 9. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 10. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 11. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 12. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 13. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 14. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. Distribution: ff Lisa Coyne, Esq., 3901 Market Street, Camp Hill, PA 17011-4227 V Jarad Handelman, Esq., P.O. Box 650, Hershey, PA 17033 V John J. Mangan, Esq. N BY THE COURT, Regular Physical Custody Schedule (M=mom D=dad) Monday Tuesday Wednesday Thursday Friday Saturday Sunday M M D D D M M D D D M M M M D D D M M M HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1st Half From 9 am until 3 m Father Mother Easter Day 2° Half From 3 pm until 9 pm Mother Father Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1st Half From 9 am Thanksgiving Day to 3 pm on Thanksgiving Day Father Mother Thanksgiving 2" half From 3 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1st Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1st (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 m Father Father CHRISTOPHER P. KELLY Plaintiff V. JENNIFER M. KELLY Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 09-5411 Civil Term ACTION 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: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Michael Kelly 07/03/2007 Primary Mother 2. A Conciliation Conference was held on September 17, 2009, an Order was issued September 28, 2009, a conference was held November 19, 2009, an Order issued November 25, 2009, an Order issued December 11, 2009, a conference was held August 16, 2010 with the following individuals participating: The Mother, Jennifer Kelly, with her counsel, Lisa Coyne, Esq. The Father, Christopher Kelly, with his counsel, Jared Handelman, Esq. The parties agreed to the entry of an Order in the form as attached. Date:- M gan, Esquire John/ Cus dy Conciliator FILED-OFFICE OF THE PROTHONOTARY 2010 DEC -I PM 2: 57 UMBERLAND COUNTY PENNSYLVANIA CHRISTOPHER P. KELLY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-5411 Civil Term JENNIFER M. KELLY, Defendant/Respondent CIVIL ACTION - IN DIVORCE STIPULATION AND NOW, come counsel for the parties, Lisa Marie Coyne, Esquire on behalf Defendant/Respondent, Jennifer M. Kelly, and Jarad W. Handelman, Esquire on behalf of Plaintiff/Petitioner, Christopher Kelly, and stipulate to the entry of the attached Order as follows: 1. Before this Honorable Court are four (4) petitions/pleadings filed by the parties to this action, more fully described as follows: (a) Petition for Special Relief. Injunction Against Dissipation of Marital Property Pursuant to Sections 3104(a) and 3323(f) of the Divorce Code and Pennsylvania Rule of Civil Procedure 1920.43 filed on October 21, 2009 by Plaintiff/Petitioner, Christopher P. Kelly; (b) Answer w/ New Matter to Plaintiff's Petition for Special Relief filed on December 4, 2009 by Defendant/Respondent, Jennifer M. Kelly; (c) Petition for Emergency Special Relief. Injunction Against the Dissipation of Marital Assets Pursuant to Sections 3104(a), 3323(f) and 3505(a) of the Divorce Code and Pennsylvania Rule of Civil Procedure 1920.43 filed on January 19, 2010 by Defendant/Respondent, Jennifer M. Kelly; and (d) Petition for Special Relief Requesting Inspection and Inventory of Marital Home filed on March 15, 2010 by Defendant/Respondent, Jennifer M. Kelly. 2. This Honorable Court has conducted two (2) hearings on some but not all petitions/pleadings with hearings held on December 7, 2009 and February 25, 2010. 3. An additional hearing on December 1, 2010 was scheduled for the continuation of testimony on the various pleadings filed by the parties. 4. Contemporaneous with the filing of this Stipulation, the undersigned have filed Praecipes to Withdraw, without prejudice, the various Petitions filed as identified in paragraph 1 herein. 5. Notwithstanding the parties' withdrawal without prejudice of their respective Petitions as indicated above, the parties desire and stipulate to the continuation of the provisions of this Honorable Court's Order dictated on the record on February 25, 2010 which enjoins each party from alienating, encumbering, dissipating in value, transferring or otherwise reducing in value any item of marital property. (A Copy of the Order of Court, dated February 25, 2010 is attached hereto as Exhibit "A".) 6. Neither party waives the right to raise any issues before this Honorable Court in the parties' underlying divorce action as a result of the withdrawal, without prejudice, of the petitions indicated herein or by the entry of the within stipulations. 7. Accordingly, the parties, by and through their counsel, stipulate to the entry of the attached Order incorporating the terms of the within Stipulation. WHEREFORE, the parties jointly request that this Honorable Court enter the Order attached hereto and incorporate the terms of this Stipulation therein. Respectfully Submitted, JAMES, SMITH, DIETTERICK & CONNELLY LLP Date: November 30, 2010 By: JARAD W. HANDELMAN, ESQUIRE I.D. No. 82629 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff/Petitioner, Christopher Kelly COYNE & COYNE, P.C. Date: November 30 2010 BY: F,, r , L MARIE C , ESQUIRE I.D. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Defendant/Respondent, Jennifer M. Kelly Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: iwh@jsdc.com IL 0-0 FI'CE OF THE PROTHONOTA#`Y 2010 DEC -I PM 2: 57 CUMBERLAND COUNTY PENNSYLVANIA CHRISTOPHER P. KELLY, Plaintiff V. JENNIFER M. KELLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5411 Civil Term : CIVIL ACTION - IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw without prejudice Plaintiffs Petition for Special Relief. Injunction Against Dissipation of Marital Property Pursuant to Sections 3104(a) and 3323(f) of the Divorce Code and Pennsylvania Rule of Civil Procedure 1920.43 filed on October 21, 2009 in this matter. Respectfully Submitted, Date: November 30, 2010 By: JAMES, SMITH, DIETTERICK & CONNELLY LLP JAR.AD W. HANDELMAN, ESQUIRE I.D. No. 82629 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff/Petitioner, Christopher Kelly CERTIFICATE OF SERVICE I, Jarad W. Handelman, Esquire, of James, Smith, Dietterick & Connelly, LLP, hereby certify that true and correct copy of the foregoing Praecipe was served this date upon the below- referenced individuals at the below listed address by way of first class mail, postage pre-paid: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, Pa 17011-4227 Date: November 30, 2010 By: JARAD W. HANDELMAN, ESQUIRE I.D. No. 82629 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff/Petitioner, Christopher Kelly CHRISTOPHER P. KELLY, Plaintiff V. JENNIFER M. KELLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09-5411 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF and DEFENDANT'S PETITION FOR SPECIAL RELIEF TO INSPECT AND INVENTORY HOME PURSUANT TO SECTIONS 3104(a) 3323(f), and 3505(a) OF THE DIVORCE CODE AND PENNSYLVANIA ORDER OF COURT AND NOW, this 1St day of December, 2010, upon consideration of the attached letter from Jared W. Handelman, Esq., attorney for Plaintiff, stating that the parties have reached an agreement and will be submitting a stipulation and order for the court's signature, the hearing scheduled for December 1, 2010, is cancelled. BY THE COURT, ??esley Ole , Jr., J. Jarad Handelman, Esq. P.O. Box 650 Hershey, PA 17033-0650 Attorney for Plaintiff c a ? rrl ?y't Lisa Marie Coyne, Esq. t-, 3901 Market Street ! Q Camp Hill, PA 17011 An p.3 Attorney for Defendant +C 77 Oh :rc ? ?s rrl,?.?l£cl.? Coulson, Ruth From: Jarad W. Handelman <JWH@jsdc.com> Sent: Tuesday, November 30, 2010 3:31 PM To: Coulson, Ruth Cc: Lisa Coyne Subject: Kelly v. Kelly 09-5411 Dear Ruth: In follow-up to my telephone call this afternoon, please be advised that Attorney Coyne and I have settled all outstanding Petitions currently pending before Judge Oler with regard to the above-referenced divorce matter. We are in the process of finalizing a Stipulation and Order that we anticipate submitting to His Honor tomorrow. Accordingly, please accept this communication as the joint request of counsel for the cancellation of tomorrow's hearing. Thank you for your kind attention. /s/ Jarad W. Handelman Jarad W. Handelman, Esquire James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 Phone: 717.533.3280 Fax: 717.533.2795 jwh(ae isdc.com SECURITY NOTICE - Because email messages sent between you and James Smith Dietterick and Connelly, LLP ("JSDC") and Its employees are transmitted over the Internet, JSDC cannot assure that such messages are secure. You should be careful in transmitting information to JSDC that you consider confidential. If you are uncomfortable with such risks, you may decide not to use email to communicate with JSDC. Although you may be sending an email message to a specific JSDC employee, other JSDC employees may review such messages. Additionally, your email messages to JSDC may, consistent with JSDC's regulatory requirements and retention polices, be retained. You should also be aware that email messages may be delayed or undelivered. CONFIDENTIALITY NOTICE - This electronic mail transmission originates from JSDC. If there are any problems regarding reception of this transmission or any attachments Indicated above, please call the signatory listed above. This message is intended only for the use of the individual or entity to which It is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. if the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and delete this transmission with any attachments from any computer and destroy all copies in any form. Thank you COYNE & COYNE P.C. FILED-OFFICE F THE ",f Lisa Marie Coyne, Esquire PR06iQNOTAP Pa. Supreme Ct. No. 537882010 DEC - I PM 2: 53 3901 Market Street CUMBERLAND COUP' Camp Hill, Pa 17011-4227 PENNSYLVANIA (717) 737-0464 CHRISTOPHER P. KELLY, Plaintiff V. JENNIFER M. KELLY, Defendant TO THE PROTHONOTARY: Attorney for Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-5411 Civil Term : CIVIL ACTION - IN DIVORCE PRAECIPE Please withdraw without prejudice Defendant's Answer with New Matter to Plaintiff's Petition for Special Relief filed on December 4, 2009, Defendant's Petition for Emergency Special Relief. Injunction Against the Dissipation of Marital Assets Pursuant to Sections 3104(a), 3323(f) and 3505(a) of the Divorce Code and Pennsylvania Rule of Civil Procedure 1920.43 filed on January 19, 2010 and Defendant's Petition for Special Relief to Inspect and Inventory Home Pursuant to Sections 3104(a), 3323(0 and 3505(a) of the Divorce Code filed on March 15, 2010 in this matter. Respectfully submitted, Dated: November 30, 2010 COYNE & COYNE, P.C. BY: Lisa Nfaile Coyne, Esquire Pa. S eme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant 1 •.. , ` CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Praecipe was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Jarad Handelman, Esquire James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 Dated: a 7,0 lip Li arie Coyne, Esquire 39 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Defendant DEC 0 2 2010 CHRISTOPHER P. KELLY, Plaintiff/Petitioner V. JENNIFER M. KELLY, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5411 Civil Term CIVIL ACTION - IN DIVORCE ORDER 1 flee. . AND NOW, this 3 rl day of Nevember 2010, upon consideration of the attached Stipulation of the parties, it is hereby ORDERED and DIRECTED as follows: 1. Commensurate with the parties' withdrawals, without prejudice, of their respective petitions for special relief identified in the attached Stipulation, said petitions are confirmed to be WITHDRAWN, without prejudice,. 2. The terms of the parties' Stipulation attached hereto are incorporated herein by reference and shall be enforceable as an Order of this Court. 3. Paragraph number two (2) of the Court's Order dictated on the record on February 25, 2010, enjoining each party from alienating, encumbering, dissipating in value, transferring or otherwise reducing in value any item of marital property shall remain and continue in full force and effect until further Order of this Court. c? Cr O M ? rT' _..? rn rY7 r Icr- I C:) -a o < - ° -v o - n c-? =c - - r" 5' :7 -i ' D 4. The hearing scheduled for Wednesday, December 1, 2010 at 1:30 p.m. is CANCELLED. BY THE COURT: Distribution: ?7arad W. Handelman, Esquire Attorney for Plaintiff/Petitioner isa Marie Coyne, Esquire Attorney for Defendant/Respondent lfS Yh 1C? J.Z, Co / lU COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 i; RoTnNOTAMY m 2:02 6 1j1i13ERLANO COUNTY p-Nt43YL VA91A Attorney for Defendant CHRISTOPHER P. KELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2009-5411 CIVIL TERM JENNIFER M. KELLY, : CIVIL ACTION - DIVORCE Defendant ORDER OF COURT AND NOW, this day of M-v el , 2011, upon consideration of Plaintiff's Motion to Compel Discovery, a hearing is scheduled for the IfA day of 2011 at 3!> o'clock 410-.m. in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. Cf: ?Jarad W. Handelman, Esq. For Plaintiff Lisa Marie Coyne, Esq For Defendant t4li(d ?? 5 11 pK8 BY THE COURT, CHRISTOPHER P. KELLY, Plaintiff VS. JENNIFER M. KELLY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-5411 CIVIL TERM : CIVIL ACTION - DIVORCE ORDER AND NOW this -S-V-?_Tday of _V2L/ ? , 2011, upon request of Defendant's counsel, the Hearing scheduled for April 18, 2011 is cancelled regarding Defendant's Motion to Compel Discovery in that Plaintiff has now complied with Defendant's Discovery Requests. BY THE COURT: CF: Lisa Marie Coyne, Esq. ? For Defendant Jarad W. Handelman, Esquire For Plaintiff JWE'SLEY E , JR., Judge lJU'" C? f tl c =' 'I taw r r- M ?n © C-,) cv z° ;z C ) DZ N ?? F F it ED-CTFIC; ` T`IL 'fi E THONOTAR Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: jwh@jsdc.com 2011 APR 21 AID I I: 1 CUMBERLAND COUNT't' PENNSYLVANIA CHRISTOPHER P. KELLY, Plaintiff V. JENNIFER M. KELLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5411 Civil Term CIVIL ACTION - IN DIVORCE PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned on behalf of the Plaintiff, Christopher P. Kelly, with respect to the above-captioned matter. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: y -i9= Z a j / By: k- JARAD W. HANDE MAN, ESQUIRE Attorney I.D. #82629 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 r TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Plaintiff, Christopher P. Kelly, with respect to the above-captioned matter. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: u I g I I By: J. SMIT R., ESQUIRE Attorney I.D. #32114 JESSICA E. LOWE, ESQUIRE Attorney I.D. #208041 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 r CHRISTOPHER P. KELLY, Plaintiff V. JENNIFER M. KELLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5411 Civil Term : CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE I, JARAD W. HANDELMAN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Praecipe for Withdrawal and Entry of Appearance upon the following below-named individual(s) by depositing the same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania on the ?& V day of April, 2011: SERVED UPON: Lisa Marie Coyne, Esquire Coyne & Coyne 3901 Market Street Camp Hill, PA 17011 JAMES, SMITH, DIETTERIC CONNELLY, LLP f By: JAR.AD W. HAND LM AN, E UIRE Attorney I.D. #82629 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 CHRISTOPHER P. KELLY, Plaintiff V. JENNIFER M. KELLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-5411 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER ® Plaintiff ? Defendant, moves the court to appoint a master with respect to the followirk claims: -0Z ® Divorce ® Distribution of Property OD ? Annulment ? Support _=0 ® Alimony ® Counsel Fees C.n - <)t3- ® Alimony Pendente Lite ® Costs and Expenses ?-Z and in support of the motion states: r -c r- C4 1. Discovery is complete as to the claim(s) for which the appointment of master=y requested. 2. The non-moving party ® has ? has not appeared in the action ? personally ® by counsel, Lisa Marie Coyne, Esquire. 3. The statutory ground(s) for divorce ? is ® are irretrievable breakdown. 4. Delete the inapplicable paragraph(s): (c) The action is contested with respect to the following claims: all of the above except divorce. 5. The action ? involves ® does not involve complex issues of law or fact. 6. The hearing is expected to take (hours) one-half (days). b 7. Additional information, if any, relevant to the motion: Date: May 13, 2011 IN QWP Name: Max J. Smith, Jr., Es e Attorney for ® Plaintiff ? Defendant ,.., AND NOW , 20// Es is appointed master with respect to the following claims: -?•c r- rn CD -a BY THE COURT: /?????? CD ; c A.I? 'C N Smith Jr• ?,,1"" J V ?,j- , Marie dyne, PSeto f CHRISTOPHER P. KELLY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2009-5411 CIVIL TERM JENNIFER M. KELLY, CIVIL ACTION - LAW Defendant IN DIVORCE cn r-- -<> ! Cz .;i;..• .. . r-:r -mac AFFIDAVIT OF CONSENT AND Z:C:) WAIVER OF COUNSELING CZ) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Co de was fi led o if August 4, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a. list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 1S Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: / a rcI- 0012 'Y_tid-^ t?_yi ?!S9 R - ?, A OU3 3 Ett?iBERLA Dc CHRISTOPHER P. KELLY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2009-5411 CIVIL TERM JENNIFER M. KELLY, CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: IA COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 17 MAR 28 P"I b: 3901 Market Street :U MEI1Li1,l l:lu . Camp Hill, PA 17011-4227 PENNSYL'%? lA (717) 737-0464 Attorney For Defendant CHRISTOPHER P. KELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2009-5411 CIVIL TERM JENNIFER M. KELLY, : CIVIL ACTION - DIVORCE Defendant AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on August 4, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce without formal notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: JENNI ER M. KELLY, endant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER P. KELLY v. JENNIFER M. KELLY NO, 2009-5411 Civii Term DIVORCE DECREE AND NOW, d c~ • ~~ a~ tl'.4a~~ '~01~~ , it is ordered and decreed that CHRISTOPHER P. KELLY _, plaintiff, and JENNIFER M. KELLY _, defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Equitak~le Distribution, Counsel Fees and Expenses. All prior Orders regarding retirement and 401(k) accounts shall remain in effect until further Order of Court. Prothonotary C_ By the Court, H WJQ� COYNE & COYNE, THE P.C. �0T TAB�,, Lisa Marie Coyne, Esquire � � Pa. Supreme C No. 53788 � y 14 P� !• ¢ 7 3901 Market Street CL1r"3QERLAtiD CpJ��' �EPd��y T} , Camp Hill, PA 17011-4227 LVANIA (717) 737-0464 Attorney for Defendant CHRISTOPHER P.KELLY, : IN THE COURT OF COMMON PLEAS OF Petitioner/Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA VS. : NO.2009-5411 CIVIL TERM JENNIFER M.KELLY, : CIVIL ACTION-DIVORCE Respondent/Defendant PREACIPE TO THE PROTHONOTARY: Kindly docket of record the attached Marriage Settlement Agreement dated May 8, 2013. Respectfully, COYNE&COYNE, P.C. Dated: 13 113 By: d , sa Marie Coyne,E quire a. Supreme Ct.No. 3788 3901 Market Street Camp Hill,PA 17011-4227 (717) 737-0464 Attorney for Defendant 1 MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN CHRISTOPHER P.KELLY AND JENNIFER M.KELLY Jessica E. Lowe, Esquire Lisa M. Coyne, Esquire JAMES,SMITH,DIETTERICK&CONNELLY LLP COYNE&COYNE,P.C. P.O. Box 650 3901 Market Street Hershey,PA 17033 Camp Hill,PA 17011 Telephone: (717) 533-3280 Telephone: (717) 737-0464 Counsel for Christopher P. Kelly Counsel for Jennifer M. Kelly MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this d day of May, 2013, by and between CHRISTOPHER P.KELLY and JENNIFER M.KELLY. WITNESSETH. WHEREAS, Christopher P. Kelly (hereinafter called "Husband") currently resides at 3806 Copper Kettle Road, Camp Hill, Cumberland County,Pennsylvania 17011; WHEREAS, Jennifer M. Kelly (hereinafter called"Wife") and currently known as Jennifer M. Daly, currently resides at 15 Sandy Bottom Road, Carlisle, Cumberland County, Pennsylvania 17015; WHEREAS, the parties hereto are husband and wife, having been lawfully married on January 22,2005; WHEREAS, a Complaint in Divorce was been filed by Husband at Cumberland County Docket Number 2009-5411; WHEREAS, a Decree in Divorce was entered on October 25, 2012, pursuant to a Stipulation for Bifurcation that was executed by the parties; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife,each intending to be legally bound hereby,covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control,restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use.or benefit, conduct, carry on or engage in any business, occupation, 1 �� profession or employment which to him or her may seem advisable. Husband and Wife shall not molest,harass, disturb or malign each other,nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from Jessica E. Lowe, Esquire, his counsel, and Wife has secured legal advice from Lisa M. Coyne, Esquire, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair,just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, 2 C� earnings and income of the other assessed or evaluated by the courts.of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset that is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and that there shall be no outstanding issues to be litigated in the divorce action since the Decree in Divorce was entered on October 25, 2012. 5. EQUITABLE DISTRIBUTION. A. Real Estate. The Marital Residence is located at 3806 Copper Kettle Road, Camp Hill, Pennsylvania (hereinafter "Former Marital Residence"). Husband covenants and agrees that within fifteen (15) days of execution of this Agreement to refinance the Marital Residence, and in so doing,to pay and discharge the existing mortgage obligation and all associated taxes and municipal liens, if any, placed of record on the real estate at Husband's exclusive cost and expense, and Husband agrees to indemnify and hold harmless Wife from any loss by reason of his default in the payment thereof, including attorney fees, and agrees to save Wife harmless from any future liability with regard thereto. The quit claim deed to be executed by Wife shall be prepared at Husband's cost and expense as part of the refinancing process. Husband shall retain sole ownership of the Marital Residence. Wife agrees to execute quit claim deed and Wife also agrees to execute all other documents necessary to effectuate this transfer contemporaneously with Husband obtaining refinancing. Wife shall not receive any sum of money upon Husband's 3 Y refinancing of the Former Marital Residence and Husband shall be responsible for all costs and expenses relating to current mortgage and refinancing of the existing mortgage. Husband shall provide to Wife a copy of proof of recorded satisfaction of mortgage within thirty ,(30) days of settlement. Husband agrees to be solely responsible for all mortgage payments relating to the Marital Residence. If Husband fails to accomplish the removal of Wife's name from the existing mortgage by referenced time,the property shall be sold at public auction to be held thirty (30) days from the execution of this Agreement. The auction shall have a reserve price of an amount not less than the payoff amount of the mortgage as of the date of the auction Husband will be responsible for all mortgage payments, taxes, and any costs or expenses concerning the property and the satisfaction in full of the current mortgage and expenses of public auction. Husband will retain net proceeds from auction provided Husband has satisfied in full the current mortgage on this i property and all associated taxes and municipal liens, if any,placed of record on the real estate. B., Motor Vehicles.' (1) Husband will retain sole ownership of his 2008 Honda CRV provided Husband agrees to be solely responsible for payment of any and all current encumbrances held to include but not limited to PSECU and all other expenses affecting said vehicle and that Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband on said encumbrances. Further, Husband agrees that within fifteen(15) days of the settlement of the refinance loan on the Marital Residence, Husband will either refinance the. current PSECU loan on the Honda CRV and thereby remove Wife's name from the said loan or Husband will satisfy the existing PSECU vehicle loan in fall. Should Husband fail to satisfy the current lien and loan on the vehicle within fifteen (15) days of the settlement of the refinance loan on the Marital Residence, Husband shall on the sixteenth (16th) day following the execution of this,Agreement, immediately sell the vehicle for a price no less than the remaining balance due on the current encumbrance and title shall be transferred to the new owner. Further, Husband will immediately sell the vehicle to a 4 reputable car dealership and no offer above the current balance of the loan will be refused. Wife agrees to cooperate in the sale of the vehicle Husband shall provide Wife with proof of satisfaction of current encumbrance within twenty-four (24) hours of sale of vehicle. Husband shall retain balance of sale proceeds of vehicle after current encumbrance is satisfied. (2) Wife agrees that she will cooperate in effectuating the transfer of the title into Husband's name as directed by PSECU and that she will cooperate in all ways with Husband refinancing the current encumbrance or cooperate.in the transfer upon sale of vehicle to a third person pursuant to this Agreement. C. Pension and Retirement Benefits. (1) Husband and Wife are the owners of certain pension plans and/or retirement plans, which they have accumulated during the course of their present and/or past employment. Except as noted in Subparagraph (2) below, it is hereby specifically agreed that Husband and Wife shall forever relinquish to the other his or her right, title and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits, of the other. Specifically included herein are Husband's Pinnacle Health System 401(k) Plan and Wife's Fidelity IRA, Wife's deferred compensation plan, - and Wife's SERS defined benefits account. The parties agree to execute any and all documentation necessary to effectuate the terms herein contained. (2) In order to effectuate the equitable distribution of marital assets, Husband shall transfer to Wife the net sum of fifteen thousand dollars ($15,000.00) from his Pinnacle Health System 401(k)Plan. Said amount shall be transferred pursuant to a Qualified Domestic Relations Orders (QDRO), to be prepared at Husband's cost and expense. The QDRO shall be prepared by Husband and presented to Pinnacle Health System within fifteen (15) days of the execution of this Agreement, and approved by the retirement plan administrators for Husband's employer and the court as soon as practicable. The parties agree to execute any and all documentation necessary to promptly effectuate the terms herein contained. 5 The parties acknowledge that by Order dated February 25, 2010, the parties were enjoined from alienating, encumbering, dissipating in value, transferring or otherwise reducing in value any item of marital property, including Husband's Pinnacle Health System 401(k) Plan. To the extent that Husband must obtain a court order before he can transfer this sum to Wife, both parties agree to fully cooperate in a prompt and timely fashion with all such efforts and Husband shall be responsible for all costs and expenses relating to this transfer and Husband's counsel shall be responsible for presentation of the QDRO and other required court filings to the Court for prompt action. A proposed Domestic Relations Order shall be provided to Husband's employer within fifteen (15) days of the execution of this Agreement. D. Bank Accounts. Husband and Wife each shall retain the bank accounts in his/her respective names. E. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to herby the terms of this Agreement and all property in her possession at the time of the execution of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. F. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement and all property in his possession at the time of the execution of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 6 6. DEBTS. A. Marital Debt. In addition to the mortgage on the Marital Residence,there is one credit card that is held in Wife's name only (American Express). Husband and Wife agree that Wife shall assume sole responsibility for the debt on this credit card. B. Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, for which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such parry agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. C. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorneys' fees incurred by Wife in connection therewith. D. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorneys' fees incurred by Husband in connection therewith. E. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party 7 shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate.in closing any remaining accounts which provide for joint liability. Each parry hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorney fees, incurred in the event of breach hereof. 7. INCOME TAX. During the marriage, the parties filed joint federal and state tax returns. Both parties agree that, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and arty interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. If neither parry is determined to be the cause of the deficiency or liability, then the obligation shall be prorated by the parties in proportion to their respective gross incomes for that particular tax year. 8. SUPPORT. A. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. Except as provided herein, the parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife waive all rights of inheritance in the estate of the other, any right to elect to take 8 ( L �I against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other parry continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased parry. 11. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds thereof in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and fianlishings and all other articles of personal property which have heretofore been 9 IV used in common by them, and neither parry will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each parry agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement, with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. I Except as otherwise set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the.other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a 10 l Y C deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four(4) years from the date of their Divorce Decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable,the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 15. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and reasonable legal fees incurred in the enforcement of the rights of the non-breaching party. 16. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 11 P 17. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be accomplished by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Christopher P. Kelly 3806 Copper Kelly Road Camp Hill, PA 17011 and to Wife, if made or addressed to the following: Jennifer M. Daly, formerly Jennifer M. Kelly c/o Coyne & Coyne,P.C. 3901 Market Street Camp Hill, PA 17011 Notice shall be deemed to have occurred.upon the date received by the recipient. Each party may change the address for notice to him or,her by giving notice of that change in accordance with the provisions of this paragraph. 18. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws' of-the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There 12 V V, shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of . reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties hereto. 24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable, to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall_pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 26. AGREEMENT NOT TO BE MERGED. This Agreement,may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and, in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity specifically are not waived or released. 13 C V 27. DEFAULT --TIME OF THE ESSENCE The said time referred to for the performance of any of the obligations of this Agreement are hereby agreed to be of the essence of this Agreement. Should Husband fail to satisfy the said terms, Wife shall be entitled to an additional One Hundred Dollars ($100.00) per day until the required obligations are fulfilled. Further, Husband agrees that the said payments for default shall be made to Wife, at Wife's option,in cash or certified funds from Husband or an additional payment to Wife from Husband's Pinnacle Health System 401(k) Plan via a QDRO prepared at Husband's cost and expense within thirty (30) days of the default. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date hereinabove set forth. WITNESS ;Jennifer OPHER P LLY r f ESS R . DALY, formerly M. Kelly 14 CHRISTOPHER P. KELLY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA c VS. NO. 2009-5411 CIVIL TERM - JENNIFER M. KELLY, CIVIL ACTION-LAW -<.4;�- Defendant IN DIVORCE r- ' �' C-) f MOTION TO VACATE ORDER OF COURT DATED FEBRUARY 25,-201,W K AND NOW, come the Plaintiff, CHRISTOPHER P. KELLY,by his attorney, JESSICA E. LOWE, Esquire, and the Defendant, JENNIFER M. KELLY,by her attorney, LISA MARIE COYNE, Esquire, and jointly request that this Honorable Court vacate the Order of Court dated February 25, 2010, and in support thereof respectfully represent as follows: I. Plaintiff filed a divorce Complaint on August 4, 2009. 2. On February 25, 2010,this Honorable Court conducted a hearing on Plaintiff's Petition for Special Relief and on Defendant's Emergency Petition for Special Relief, and as a result the Order of Court dated February 25, 2010 was entered. A copy of this Order is attached hereto as Exhibit"A" and made part hereof by reference. .3. Specifically, the Order of Court dated February 25, 2010 prohibited the parties from "alienating, dissipating in value,transferring or otherwise reducing in value any item of marital property." 4. A Decree in Divorce was entered on October 25, 2012, pursuant to a Stipulation for Bifurcation that was filed with the Court. 5. On May 8, 2013, the parties entered into a comprehensive Marital Settlement Agreement. A copy of this Agreement is attached hereto as Exhibit`B" and made part hereof. 6. The Agreement requires that certain marital assets be transferred between the parties. 7. To the extent that the February 25, 2010 Order prohibits any such transfers as agreed by the parties in the May 8, 2013 Marital Settlement Agreement, the parties respectfully request that February 25, 2010 Order be vacated. . 8. Counsel for Plaintiff has conferred with counsel for Defendant, and counsel for Defendant concurs with the filing of this Motion. WHEREFORE, Plaintiff requests the Court to vacate the terms of the Order dated February 25, 2010 prohibiting the transfer of marital assets. Respectfully submitted, JAMES, SMITH,DIETTERICK&CONNELLY,LLP Date: May 20, 2013 By: J. S VTHR., Esquire eN D o. 321 JESSICA E. LOWE, Esquire I.D. No. 208041 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff, Christopher P. Kelly P r .� CHRISTOPHER P. KELLY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW �? o a JENNIFER M. KELLY, a Defendant NO. 09-5411 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 25th day of February, 2010, upon consideration of (1) Plaintiff ' s Petition for Special Relief: Injunction Against Dissipation of Marital Property Pursuant to Sections 3104 (a) and 3323 (f) of the Divorce Code and Pennsylvania Rule of Civil Procedure 1920 .43, and (2) Defendant ' s Petition for Emergency Special Relief: Injunction Against the Dissipation of Marital Assets Pursuant to Sections 3104 (a) , 3323 (f) , and 3505 (a) of the Divorce Code and Pennsylvania Rule of Civil Procedure 1920.43, and the hearing having not yet been concluded, the record shall remain open, and a further day of hearing is scheduled for Monday, June 14, 2010, at 9 :30 a.m. At the time of adjournment on today' s date Defendant was presenting her case-in-chief as to Plaintiff 's petition, and Plaintiff was subjecting Defendant to recross examination. On this date Plaintiff ' s Exhibits 1 through 7 had been admitted, an objection had been sustained as to Plaintiff 's Exhibit 8., and Defendant ' s Exhibits 5 through 8 had been admitted. No other exhibits had been introduced or admitted at today's proceeding. Plaintiff ' s counsel has requested that a copy of the notes of testimony from today' s proceeding be transcribed and filed. Pending further Order of Court, it is ordered and directed as follows: 1. Defendant is directed to immediately cooperate in securing a reduction in mortgage payments regarding the marital residence; and 2 . Each party is enjoined from alienating, encumbering, dissipating in value, transferring or otherwise reducing in value any item of marital property. By the Court, J. esley Ole -,'-T�abetha A. Tanner, Esquire V, 1300 Market Street Suite 10 Lemoyne, PA 17043 For Plaintiff Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011 For Defendant :mae (240PI;es" a�ac� f to MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN CHRISTOPHER P. KELLY AND JENNIFER M.KELLY Jessica E.Lowe, Esquire Lisa M. Coyne,Esquire JAMES, SMITH,DIETTERICK&CONNELLY LLP COYNE&COYNE,P.C. P.O. Box 650 3901 Market Street Hershey, PA 17033 Camp Hill,PA 17011 Telephone: (717) 533-3280 Telephone: (717) 737-0464 Counsel for Christopher P. Kelly Counsel for Jennifer M. Kelly i 1� �� 1 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this _day of May, 2013, by and between CHRISTOPHER P.KELLY and JENNIFER M.KELLY. WITNESSETH: WHEREAS, Christopher P. Kelly(hereinafter called "Husband") currently resides at 3806 Copper Kettle Road,Camp Hill, Cumberland County,Pennsylvania 17011; WHEREAS, Jennifer M. Kelly(hereinafter called"Wife")and currently known as Jennifer M. Daly, currently resides at 15 Sandy Bottom Road, Carlisle, Cumberland-County, Pennsylvania 17015; WHEREAS, the parties hereto are husband and wife, having been lawfully married on January 22, 2005; WHEREAS, a Complaint in Divorce was been filed by Husband at Cumberland County Docket Number 2009-5411; WHEREAS, a Decree in Divorce was entered on October 25, 2012, pursuant to a Stipulation for Bifurcation that was executed by the parties; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto,Husband and Wife,each intending to be legally bound hereby,covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, 1 cy profession or employment which to him or her may seem advisable. Husband and Wife shall not molest,harass,disturb or malign each other,nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from Jessica,E. Lowe, Esquire, his counsel, and Wife has secured legal advice from Lisa M. Coyne, Esquire, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair,just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution,counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, 2 f-4-1 earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to Rather disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset that is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. 4. . MUTUAL CONSENT DIVORCE. It is the intention of the parties,and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and that there shall be no outstanding issues to be litigated in the divorce action since the Decree in Divorce was entered on October 25, 2012. 5. EQUITABLE DISTRIBUTION. A. Real Estate. The Marital Residence is located at 3806 Copper Kettle Road, Camp Hill, Pennsylvania (hereinafter "Former Marital Residence"). Husband covenants and. agrees that within fifteen (15) days of execution of this Agreement to refinance the Marital Residence,and in so doing,to pay and discharge the existing mortgage obligation and all associated taxes and municipal liens, if any, placed of record on the real estate at Husband's exclusive cost and expense, and Husband agrees to indemnify and hold harmless Wife from any loss by reason of his default in the payment thereof, including attorney fees, and agrees to save Wife harmless from any future liability with regard thereto. The quit claim deed to be executed by Wife shall be prepared at Husband's cost and expense as part of the refinancing process.Husband shall retain sole ownership of the Marital Residence. Wife agrees to execute quit claim deed and Wife also agrees to execute all other documents necessary to effectuate this transfer contemporaneously with Husband obtaining refinancing. Wife shall not receive any sum of money upon Husband's 3j refinancing of the Former Marital Residence and Husband shall be responsible for all costs and expenses relating to current mortgage and refinancing of the existing mortgage. Husband shall provide to Wife a copy of proof of recorded satisfaction of mortgage within thirty (30) days of settlement. Husband agrees to be solely responsible for all mortgage payments relating to the Marital Residence. If Husband fails to accomplish the removal of Wife's name from the existing mortgage by referenced time,the property shall be sold at public auction to be held thirty (30)days from the execution of this Agreement. The auction shall have a reserve price of an amount not less than the payoff amount of the mortgage as of the date of the auction. Husband will be responsible for all mortgage payments, taxes, and any costs or expenses concerning the property and the satisfaction in full of the current mortgage and expenses of public auction. Husband will retain net proceeds from auction provided Husband has satisfied in full the current mortgage on this property and all associated taxes and municipal liens, if any, placed of record on the real estate. B. Motor Vehicles. (1) Husband will retain sole ownership of his 2008 Honda CRV provided Husband agrees to be solely responsible for payment of any and all current encumbrances held to include but not limited to PSECU and all other expenses affecting said vehicle and that Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband on said encumbrances. Further, Husband agrees that within fifteen(15) days of the settlement of the refinance loan on the Marital Residence, Husband will either refinance the. current PSECU loan on the Honda CRV and thereby remove Wife's name from the said loan or Husband will satisfy the existing PSECU vehicle loan in full. Should Husband fail to satisfy the current lien and loan on the vehicle within fifteen (15) days of the settlement of the refinance loan on the Marital Residence, Husband shall on the sixteenth(16th) day following the execution of this Agreement, immediately sell the vehicle for a price no less than the remaining balance due on the current encumbrance and title shall be transferred to the new owner. Further, Husband will immediately sell the vehicle to a 4 jj reputable car dealership and no offer above the current balance of the loan will be refused. Wife agrees to cooperate in the sale of the vehicle Husband shall provide Wife with proof of satisfaction of current encumbrance within twenty-four(24) hours of sale of vehicle. Husband shall retain balance of sale proceeds of vehicle after current encumbrance is satisfied. (2) Wife agrees that she will cooperate in effectuating the transfer of the title into Husband's name as directed by PSECU and that she will cooperate in all ways with Husband refinancing the current encumbrance or cooperate.in the transfer upon sale of vehicle to a third person pursuant to this Agreement. C. Pension and Retirement Benefits. (1) Husband and Wife are the owners of certain pension plans and/or retirement plans, which they have accumulated during the course of their present and/or past employment. Except as noted in Subparagraph (2) below, it is hereby specifically agreed that Husband and Wife shall forever relinquish to the other his or her right, title and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits, of the other. Specifically included herein are Husband's Pinnacle Health System 401(k) Plan and Wife's Fidelity IRA, Wife's deferred compensation plan, and Wife's SERS defined benefits account. The parties agree to execute any and all documentation necessary to effectuate the terms herein contained. (2) In order to effectuate the equitable distribution of marital assets, Husband shall transfer to Wife the net sum of fifteen thousand dollars ($15,000.00) from his Pinnacle Health System 401(k) Plan. Said amount shall be transferred pursuant to a Qualified Domestic Relations Orders (QDRO), to be prepared at Husband's cost and expense. The QDRO shall be prepared by Husband and presented to Pinnacle Health System within fifteen(15) days of the execution of this Agreement, and approved by the retirement plan administrators for Husband's employer and the court as soon as practicable. The parties agree to execute any and all documentation necessary to promptly effectuate the terms herein contained. 5 �(,. The parties acknowledge that by Order dated February 25, 2010, the parties were enjoined from alienating, encumbering, dissipating in value, transferring or otherwise reducing in value any item of marital property, including Husband's Pinnacle Health System 401.(k) Plan. To the extent that Husband must obtain a court order before he can transfer this sum to Wife, both parties agree to fully cooperate in a prompt and timely fashion with all such efforts and Husband shall be responsible for all costs and expenses relating to this transfer and Husband's counsel shall be responsible for presentation of the QDRO and other required court filings to the Court for prompt action. A proposed Domestic Relations Order shall be provided to Husband's employer within fifteen (15) days of the execution of this Agreement. D. Bank Accounts. Husband and Wife each shall retain the bank accounts in his/her respective names. E. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement and all property in her possession at the time of the execution of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. F. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement and all property in his possession at the time of the execution of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 6 6. DEBTS. A. Marital Debt. In addition.to the mortgage on the Marital Residence,there is one credit card that is held in Wife's name only (American Express). Husband and Wife agree that Wife shall assume sole responsibility for the debt on this credit card. B. Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, for which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. C. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorneys' fees incurred by Wife in connection therewith. D. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorneys' fees incurred by Husband in connection therewith. E. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other,the other's legal representatives,property or estate may be responsible. From the date of execution of this Agreement, each party t 7 shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorney fees, incurred in the event of breach hereof. 7. INCOME TAX. During the marriage, the parties filed joint federal and state tax returns. Both parties agree that, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. If neither party is determined to be the cause of the deficiency or liability, then the obligation shall be prorated by the parties in proportion to their respective gross incomes for that particular tax year. 8. SUPPORT. A. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. Except as provided herein, the parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife waive all rights of inheritance in the estate of the other, any right to elect to take 8 against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated,the beneficiary shall be deemed to be the estate of the.deceased party. 11. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds thereof in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been 9 �f✓ M used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement, with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as otherwise set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a 10 ��Ll deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. ' Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four(4) years from the date of their Divorce Decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 15. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and reasonable legal fees incurred in the enforcement of the rights of the non-breaching party. 16. WAIVER OF BREACH. The waiver by one- party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. A + 17. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be accomplished by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Christopher P. Kelly 3806 Copper Kelly Road Camp Hill,PA 17011 and to Wife, if made or addressed to the following: Jennifer M. Daly, formerly Jennifer M. Kelly c/o Coyne&Coyne, P.C. 3901 Market Street Camp Hill, PA 17011 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or,her by giving notice of that change in accordance with the provisions of this paragraph. 18. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws' of 'the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There 12 �Y shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties hereto. 24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable, to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions,that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 26. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and, in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity specifically are not waived or released. 13 27. DEFAULT--TIME OF THE ESSENCE The said time referred to for the performance of any of the obligations of this Agreement are hereby agreed to be of the essence of this Agreement. Should Husband fail to satisfy the said terms, Wife shall be entitled to an additional One Hundred Dollars ($100.00) per day until the required obligations are fulfilled. Further, Husband agrees that the said payments for default shall be made to Wife, at Wife's option, in cash or certified funds from Husband or an additional payment to Wife from Husband's Pinnacle Health System 401(k) Plan via a QDRO prepared at Husband's cost and expense within thirty(30)days of the default. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date hereinabove set forth. W TNESS CHMISTOPH P. LLY I"i ESS KNIFE M. DALY, formerly Jennifer . Kelly 14 CHRISTOPHER P. KELLY, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA VS. : NO. 2009-5411 CIVIL TERM JENNIFER M. KELLY, CIVIL ACTION—LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I,JESSICA E. LOWE, ESQUIRE,do hereby certify that I.served a true and correct copy of the Motion to Make Rule Absolute on the following below-named individual(s)by depositing the same in the U.-S. Mail,postage pre-paid at Hershey, Dauphin County,Pennsylvania on the 20th day of May, 2013: Lisa Marie Coyne,Esquire 3901 Market Street Camp Hill,PA 170.11 E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 JAMES, SMITH,DIETTERICK&CONNELLY,LLP JP;§SIPA E. L WE squire V Bey I.D. # 41 ox 650 Hershey,PA 17033-0650 (717) 533=3'280 CHRISTOPHER P. KELLY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2009-5411 CIVIL TERM r JENNIFER M. KELLY : CIVIL ACTION—LAW r-- Defendant IN DIVORCE r,:, ' ORDER OF COURT AND NOW, this day of 1,0414 , 2013, upon presentation and consideration of the within Motion to Vacate the Order of Court Dated February 25, 2010, it is hereby ordered and decreed that the Order of Court dated February 25, 2010 is hereby VACATED. It is further hereby ORDERED that the parties may transfer marital property in accordance with the Marital Settlement Agreement dated May 8, 2013. BY THE COURT: J. Distribution: L✓ isa Marie Coyne, Esquire, 3901 Market Street, Camp Hill, PA 17011 Jessica E. Lowe, Esquire, James, Smith, Dietterick & Connelly, LLP, P.O. Box 650, Hershey, PA 17033 /E. Robert Elicker, II, Esquire, Divorce Master, 9 North Hanover Street, Carlisle, PA 17013 s/��,3 CHRISTOPHER P. KELLY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSXJ V4.NIAc c -° � , - ....ter VS. NO. 2009-5411 CIVIL TERM MCD = - =M JENNIFER M. KELLY, CIVIL ACTION—LAW „{"� CD a Defendant IN DIVORCE !� � CD aG c g, —D QUALIFIED DOMESTIC RELATIONS ORDER co WHEREAS, a Judgment for Dissolution of Marriage was entered in the above-referenced case on October 25, 2012, and therein,the marriage of Christopher P. Kelly and Jennifer M. Kelly (collectively,the "Parties")was dissolved; and WHEREAS,this Court has personal jurisdiction over the Parties and jurisdiction over the subject matter of this Order and the dissolution proceeding; and WHEREAS,the Court intends that this Order shall be a Qualified Domestic Relations Order(hereinafter referred to as a "QDRO") within the meaning of Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended("ERISA"), and Section 414(p) of the Internal Revenue Code of 1986, as amended(the "Code"); NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: 1. In accordance with Paragraph 5(C)(2) of the Marital Settlement Agreement between the Parties dated May 8, 2013, Defendant Jennifer M. Kelly hereby is granted and assigned an interest in the vested account balance of Christopher P. Kelly under the Pinnacle Health System 401(k)Plan (the "Plan"), as herein provided. a. The Participant shall mean Christopher P. Kelly,whose Social Security Number is ***-**-*589, and whose current address is 3806 Copper Kettle Road, Camp Hill, Pennsylvania 17011. 2009-5411 i b. The Alternate Payee shall mean Jennifer M. Kelly,whose Social Security Number is ***-**-*511 and whose last known address is 15 Sandy Bottom Road, Camp Hill, Pennsylvania 17011. c. The Plan Administrator shall mean Pinnacle Health System. d. This Order is intended to award Alternate Payee a lump sum benefit of$15,000.00. The remaining balance of Participant's account, after the aforementioned sum is segregated for the benefit of the Alternate Payee, shall be the sole and separate property of Participant. e. Distribution to the Alternate Payee of the aforementioned sum shall commence to be paid upon her request to the Plan Administrator, such request to be honored in a manner consistent with the terms of the Plan and in no event prior to the date the Participant attains the earliest retirement age as defined by Code Section 414(p)(4)(B). The Alternate Payee shall be responsible for the payment of all taxes incurred by reason of any benefit paid to the Alternate Payee's address listed above. f. In the event of the Alternate Payee's death before the account balance set aside for the benefit of the Alternate Payee shall be paid to her as provided under this Order, the Plan Administrator shall direct the Trustee to pay the balance of such Account to the decedent's estate of the Alternate Payee. All distributions to the Alternate Payee or decedent's estate shall be made pursuant to the provisions of Section 401(a)(9)of the Code. g. The death of the Participant prior to the payment of the lump sum benefit to which the Alternate Payee or decedent's estate shall be entitled shall not alter the obligation hereunder to distribute the benefits granted to her. Furthermore,to the extent applicable,the Alternate Payee shall be treated as the surviving spouse of the Participant under Section 414(p)(5)of the Code and ERISA Section 206(d)(3)(F),but only with respect to the amount of benefits payable to the Alternate Payee pursuant to Paragraph e, above. - 2 - 2009-5411 h. The terms and provisions of this Order do not and shall not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan, nor does the Order or shall the Order require the Plan to provide increased benefits (determined on the basis of actuarial value). This Order does not and shall not require the Plan to provide benefits to an alternate payee under another order that was previously determined to be a QDRO. i. This Court shall retain jurisdiction with respect to this Order to the extent required to retain the qualified status of the Order and to interpret and carry out the provisions of the Order. BE IT SO ORDERED BY THE COURT: t'3 DATE: �. Judge v� APPROVED: y 1 ristopher P. KAZLYaarticipant J ssi a E. Lo e, A ney for Plaintiff t MI 11 now known as Jerrfiifer"al y,Alternate Payee Pa Y� Y Y r L' a . Coyne,Attorney for Defendant X14 ..r. 4zxzc- s/2�i3 - 3 - Ce CHRISTOPHER P. KELLY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2009-5411 CIVIL TERM JENNIFER M. KELLY, CIVIL ACTION—LAW Defendant IN DIVORCE B V Y C-) ORDER OF COURT �Z Q.s ` ,AD AND NOW, this day of le4lo , 2013, upon presentation and consideration of the within Motion to Vacate the Order of Court Dated February 25, 2010, it is hereby ordered and decreed that the Order of Court dated February 25, 2010 is hereby VACATED. It is further hereby ORDERED that the parties may transfer marital property in accordance with the Marital Settlement Agreement dated May 8, 2013. BY THE COURT: J. Distribution: L✓�isa Marie Coyne, Esquire, 3901 Market Street, Camp Hill, PA 17011 'Jessica E. Lowe, Esquire, James, Smith, Dietterick & Connelly, LLP, P.O. Box 650, Hershey, PA 17033 /E. Robert Elicker, II, Esquire, Divorce Master, 9 North Hanover Street, Carlisle, PA 17013 I 42 S/2�13 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW CHRISTOPHER P. KELLY, z '" - Plaintiff ) < 113 c v. ) No, 09-5411 z cp JENNIFER M. DALY, ) --� Defendant ) Petition for Contempt and Modification 1. Petitioner is Plaintiff, CHRISTOPHER P.KELLY, who currently resides at 3806 Copper Kettle Road, Camp Hill, Cumberland County,PA 17011. 2. Respondent is Defendant,JENNIFER M. DALY, who currently resides at 817 Conodoguinet Drive, Camp Hill, Cumberland County, PA 17011. 3. Petitioner and Respondent are the natural parents of the following child: Name Age MICHAEL J. KELLY 6 years 4. A custody order was entered on 12/14/2009, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Respondent has willfully violated the custody order, as follows: Jennifer communicated from 10.7.13 to 10.30.13 about a request for a week of vacation to take Michael to the Macy's Thanksgiving Parade. Christopher Kelly was not ok with this week. Jennifer communicated on 11.15.13 for a request for a week of vacation during the week of December 16`h, 2013,and Christopher Kelly was not ok with that week either. Jennifer did not get a second week of vacation with Michael in 2013. As per custody order that states The parties shall have an equal right to make all major non- emergency decisions affecting Child's general well-being." Jennifer feels that given the nature of d83. 00 poi deb. Ce9s4 Petition for Contempt and Modification Pa g e 3 of 6 fr 3oc7ç" the whole situation, where details could be explained in a hearing, Michael would greatly benefit from counseling and Christopher Kelly does not agree. There has been in home therapy,that was not shared information, at Christopher's home for the family to be observed,maybe by social services, and Michael was present without my knowledge. There seems to be inconsistent living arrangements with Michael's half-sister, Taylor Belanger, and I have concerns that could affect Michael as to why Taylor may not be in the home or not in the home for periods of time. As per custody order that states "The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis." Jennifer gets to talk to Michael maybe 50% of the time and our phone calls are often ended abruptly. 6. Petitioner seeks to modify the custody order because: Christopher has not supported a lot of Michael's interests. It has been very difficult to allow Michael the chance to try new things without resistance from Christopher. Christopher does not attend Michael's events unless it is his night with him. There is a lack of co-parenting of what goes on while Michael is with his father which leads to a lot of inconsistencies for Michael on a daily basis. For example, on 8.1.13, after Michael was so upset to wear a pull up to bed, Jennifer texted Christopher to find out what he does. Christopher said Michael has not worn pull-ups for a couple of years. After sharing my schedule, routines, and rules that I use for Michael with Christopher, and asking Christopher to reciprocate, nothing was ever shared. 7. Petitioner believes the custody order should be changed as follows: Michael would see his father on Wednesday nights and every other weekend. Exchanges would occur at 5pm on Sundays. All holiday exchanges would at 7pm, not 9pm. WHEREFORE, Petitioner respectfully requests that this Court find Respondent in contempt of Court and modify the Order as requested. Date: / " � ` i �/ . . JENNI ER M. DAL , FisingT De C e n d rl Petition for Contempt and Modification Page 4 of 6 Verification I, JENNIFER M. DALY, Defendant, verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. '4904 relating to unsworn falsification to authorities. Date: / - g-/ JENNI• ' • . DALY, Def- dant Petition for Contempt and Modification Page 5 of 6 a rx 4eJ P PA/ , IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA Vs : No. 0/— SL//I CIVIL TERM �Q n n l - uat.1 , CIVIL ACTION - LAW Defendant : IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, •Jenn i-4zr lam. c+[j , 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 Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 IT IT (relating to criminal homicide) IT 18 Pa.C.S. §2702 IT I r+�cza (relating to aggravated '' assault) r,, 'mac 17 18 Pa.C.S. §2706 IT r _ (relating to terroristic 2' c-'f threats) a 18 Pa.C.S. §2709.1 IT (relating to stalking) 18 Pa.C.S. §2901 IT IT (relating to kidnapping) 18 Pa.C.S. §2902 E r- (relating to unlawful restraint) 18 Pa.C.S. §2903 E IT (relating to false imprisonment) r- 18 Pa.C.S. §2910 IT IT (relating to luring a child into a motor vehicle or structure) 17 18 Pa.C.S. §3121 r- r- (relating to rape) 18 Pa.C.S. §3122.1 I -. relating to statutory sexual assault) 18 Pa.C.S. §3123 IT (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 r- r (relating to sexual assault) 18 Pa.C.S. §3125 IT IT (relating to aggravated indecent assault) r 18 Pa.C.S. §3126 IT IT (relating to indecent assault) r` 18 Pa.C.S. §3127 fT IT (relating to indecent exposure) 18 Pa.C.S. §3129 r r (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 r (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 r r (relating to arson and related offenses) 18 Pa.C.S. §4302 r r (relating to incest) r 18 Pa.C.S. §4303 IT IT (relating to concealing death of child) 18 Pa.C.S. §4304 IT r (relating to endangering welfare of children) 18 Pa.C.S. §4305 r r (relating to dealing in infant children) r 18 Pa.C.S. §5902(b) IT IT (relating to prostitution and related offenses) 18 Pa.C.S. §5903 r r (c) or (d) (relating to obscene and other sexual materials and performances) r 18 Pa.C.S. §6301 r IT (relating to corruption of minors) 18 Pa.C.S. §6312 IT IT (relating to sexual abuse of children) 18 Pa.C.S. §6318 r r (relating to unlawful contact with minor) r 18 Pa.C.S. §6320 IT r (relating to sexual exploitation of children) r 23 Pa.C.S. §6114 r r (relating to contempt for violation of Protection order or agreement) Driving under the r IT influence of drugs or alcohol IT Manufacture, sale, r )- delivery, holding, offering for sale or possession of any controlled substance or other drug or device 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 Date all that household apply member A finding of abuse by a Children &Youth r r Agency or similar agency in Pennsylvania or similar statute in another jurisdiction r Abusive conduct as defined under the r r Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: E 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 : 5. If you are aware that the other party or members of the 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 to authorities. L 2, ( Signature , /D aLlti Printed Name CHRISTOPHER P. KELLY IN THE COURT OF COMMON PLEAS O, c , PLAINTIFF CUMBERLAND COUNTY, PENNSYLV..e&A -G" V. • 2009-5411 CIVIL ACTION LAW JENNIFER M. DALY CUSTODY < -� �. DEFENDANT ; CD ORDER OF COURT AND NOW, Thursday,January 30,2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan,Jr., Esq. , the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Friday, March 07,2014 9:00 AM for a Pre-I-learing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he 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: Is/ John J. Mangan,Jr., Esq.t)j1 Custody Conciliator II�� 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. IF c MC` 1 Cumberland County Bar Association ia tion 32 South Bedford Street C Carlisle, Pennsylvania 17013 Telephone (717)249-3166 J • Y'Z ) //3D/<'f Max J. Smith, Jr., Esquire t,�'►+ lr; Attorney I.D. #32114 Jessica E. Lowe, Esquire : 11 3 Attorney I.D. #208041. JSDC Law Offices P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-298-2101 e-mail: iel@jsdc.com CHRISTOPHER P. KELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2009-5411 JENNIFER M. DALY, : CIVIL ACTION LAW Defendant : IN CUSTODY MOTION FOR CONTINUANCE AND NOW comes the Plaintiff/Respondent, CHRISTOPHER P. KELLY,by his attorney, Jessica E. Lowe, Esquire and respectfully requests that the hearing scheduled for Friday, March 7, 2014 at 9:00 a.m. be continued for reasoning set forth as follows: 1. On January 30, 2014, an Order was issued by this Honorable Court scheduling a Hearing for March 7, 2014 at 9:00 a.m. 2. Counsel for the Plaintiff/Respondent is unable to attend the custody conciliation at the scheduled date and time. 3. Accordingly, counsel for Plaintiff is requesting a continuance of the conciliation scheduled in this matter. 4. Neither party will be prejudiced as a result of this custody conciliation being continued. WHEREFORE, Plaintiff, Christopher P. Kelly, respectfully requests that this Honorable Court grant this Motion and continue the hearing currently scheduled for March 7, 2014 at 9:00 a.m. Respectfully submitted, Date: February 18, 2014 , / J. S , JR., Esquire . o. 3' JESSICA E. LOWE, Esquire I.D. No. 208041 JSDC Law Offices P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff r CHRISTOPHER P. KELLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2009-5411 JENNIFER M. DALY, : CIVIL ACTION LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, JESSICA E. LOWE, ESQUIRE, do hereby certify that I served a true and correct copy of the Motion for Continuance on the following below-named individual(s)by depositing the same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania on the 18th day of February, 2014: Jennifer M. Daly 15 Sandy Bottom Road Carlisle, PA 17015 JSDC Law Offices E IC OWE, Esquire A orne .D. #208041 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 CHRISTOPHER P. KELLY, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009-5411 CIVIL TERM JENNIFER M. DALY, f/k/a : CIVIL ACTION—LAW rJ ► JENNIFER M. KELLY, : IN CUSTODY en> ., Defendant/Petitioner Prior Judge: J. Wesley Oler, Jr. �Y,> e;i , ANSWER TO PETITION FOR CONTEMPT AND MODIFICATION _ 1. Denied. Petitioner is the Defendant Mother, Jennifer M. Daly, f/k/a Jennifer M. Kelly(hereinafter"Mother"). Plaintiff Father is the Respondent in this instant action. Respondent(hereinafter"Father") admits that Mother correctly stated his address in Paragraph 1 of her Petition. 2. Denied. Respondent is the Plaintiff Father, Christopher P. Kelly. Father admits that Mother correctly stated her address in Paragraph 2 of her Petition. 3. Admitted. By way of further response, the minor child was born on July 3, 2007. 4. Admitted in part and denied in part. Father acknowledges that a custody order was entered on or about December 14, 2009. However, the parties' most recent custody Order is dated August 23, 2010; a copy of that Order is attached hereto as Exhibit"A". Father denies that Mother attached a copy of the December 2009 Order to her Petition. There is no exhibit attached to the copy of the Petition for Contempt and Modification that Father was able to obtain from the county's online searchable civil records. Mother has not served a copy of the Petition on Father either with or without an exhibit. 5. Denied. First, Father specifically denies that even if true, that any of the allegations in Paragraph 5 would constitute violations of the custody Order. Because Mother has 483.00 Po for/ 14937 3of9O9 failed to comply with Pa. R.C.P. 206.1(c) by failing to list each allegation in a separately numbered paragraph, Father has broken down his answers into sub paragraphs as follows: a) Father denies that he is in contempt of the Order for objecting to Mother's plans to take the child to the Macy's Thanksgiving Day Parade. The parties' holiday schedule is included as part of the Order attached hereto as Exhibit"A". In 2013, Father was to have custody of the minor child from 3:00 p.m. on Thanksgiving Day until noon the following day. Mother's request to take the child on vacation over the Thanksgiving holiday would have imposed upon Father's Thanksgiving custodial period. As is typical, Mother completely disregarded Father's holiday time in her request. In October 2013, when Mother began making this request, Father already had plans for the holiday. b) Father denies Mother's characterization of her request with regard to the week of December 16, 2013. This request by Mother was directly counter to the spirit of the custody Order. Mother strategically chose this week so that it was bookended by Mother's already-scheduled periods of custody. If Mother had taken a week's "vacation"beginning December 16, 2013, Father would have gone thirteen (13) days without seeing the minor child. Father viewed Mother's request as unreasonable,particularly in light of the fact that Mother did not intend to travel anywhere with the child; she simply did not want Father to exercise his custodial time. If Mother had selected a seven (7) day period that encompassed her previously- scheduled custodial time, Father would not have objected to this "vacation" request. c) Father specifically denies that he is in contempt for Mother failing to exercise her two weeks of vacation in 2013. Mother's failure to exercise this time can be blamed solely on her. d) Father denies that the minor child requires counseling. By all accounts (except Mother's), the minor child is healthy and well-adjusted. Mother has persistently insisted that the child has problems; these claims have been refuted by the child's physician, his teacher, his principal, and the student services director at his school. Mother has had the child tested for various behavioral/psychological disorders, but the child has not received any diagnosis. Father believes that Mother's request for counseling for the minor child is simply one more attempt for Mother to fabricate a problem where none exists. e) Father denies that the minor child participated in"in home therapy." Father's daughter received in-home therapy. The subject minor child was never treated during these sessions. Mother raised this issue through her prior counsel, and Father's counsel responded by email dated January 30, 2013. A copy of this correspondence is attached hereto as Exhibit`B." It should be noted that during these discussions, Mother was vehemently opposed to the child receiving any type of counseling. f) Father denies that the situation with his daughter has any adverse impact on the subject minor child. Father's daughter was a victim of sexual abuse as a very young child, and as a result, she has lingering psychological distress. Presently, Father's daughter is not residing in Father's home; a team of his daughter's caretakers, including Father, decided that the daughter would be best if placed outside of his home. Children and Youth is not involved. She visits at Father's home regularly, but Father expects that it will be several months before she resides there full-time. Again, however, Father specifically denies that the situation with his daughter has negatively impacted the subject minor child in any way. g) Father denies that he interferes with Mother's phone contact with the minor child. The child is six (6) years old. Telephone communication is not his strong suit. Furthermore, the minor child is never with Father for longer than two (2) days at a time, and Father believes that Mother's insistence on prolonged, extended telephone contact is unreasonable. Mother telephones the minor child several times per day, and the calls begin mere hours after Father's custodial period commences. 6. Denied. Father specifically denies that Mother should receive additional physical custody of the minor child. As requested below, Father is seeking primary physical custody of the child. The allegations in Paragraph 6 of Mother's complaint are insufficiently specific for Father to answer. Again, Mother has failed to comply with Pa. R.C.P. 206.1(c) by failing to list each allegation in a separately numbered paragraph; therefore, Father has broken down his answers into sub paragraphs as follows: a) Father fully supports the minor child's activities. Father acknowledges that he often does not attend the child's activities when they occur on Mother's custodial time; Mother and/or Mother's husband frequently confront Father publicly, and these stressful encounters make Father and the minor child uncomfortable. b) Father specifically denies that he will not co-parent with Mother. As is evident in Paragraph 6, Mother believes that"co-parenting" should be accomplished by Father following Mother's directives. Mother is complaining that Father does not put"pull-ups"on a six year-old child. Within reason, and with respect for Mother's shared legal custody rights, Father is free to parent as he sees fit during his custodial periods. The custody schedule should not be modified simply because Father disagrees with Mother's bizarre, unnecessary rules. 7. Denied. Father believes that an analysis of the custodial factors set forth in 23 Pa.C.S. § 5328 require that the Court award primary physical custody to Father. WHEREFORE, Father respectfully requests that this Honorable Court DISMISS Mother's Petition for Contempt with Prejudice. COUNTER-PETITION TO MODIFY CUSTODY 8. Paragraphs 1 through 7 above are hereby incorporated as if set forth at length herein. 9. Father is seeking modification of the Custody Order dated August 23, 2010 to award Father primary physical custody of the minor child whereby Mother would have physical custody on alternating weekends. Father believes that this arrangement would serve the best interests of the child. 10. Alternatively, Father is seeking equally shared physical custody of the minor child on a 5-2-2-5 schedule. Father proposes that Mother have custody of the minor child every Monday and Tuesday and that he have custody of the minor child every Wednesday and Thursday. 11. Father believes that the current holiday schedule suits the best interests of the minor child. WHEREFORE, Father believes that the best interests of the child would be served if the parties share legal custody and if Father were granted primary physical custody of the child. Alternatively, Father is seeking shared physical custody on a 5-2-2-5 schedule. Respectfully submitted, JSDC LAW OFFICES Date: February 20, 2014 By: 1 �,a, (A_I V,A J. SM , H JR., Esquire I.D1o. 321i A JESSICA E. LOWE, Esquire I.D. No. 208041 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff, Christopher P. Kelly EXHIBIT A CHRISTOPHER P. KELLY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 09-5411 Civil Term JENNIFER M. KELLY Defendant : ACTION IN CUSTODY Prior Judge:J. Wesley Oler,Jr.,J. COURT ORDER AND NOW,this 2 day of August 2010,upon consideration of the attached Custody Conciliation Report,it is ordered and directed that: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. 2. Legal custody: The Mother,Jennifer Kelly,and the Father,Christopher Kelly, shall have shared legal custody of Michael Kelly,born 07/03/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including,but not limited to,all decisions regarding his 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 Child including,but not limited to,medical, dental,religious or school records,the residence address of the Child and of 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. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody on a repeating two week schedule as follows: a. In week one,Father shall have physical custody of the Child from Tuesday 4:00 pm until Thursday morning and from Friday 4:00 pm until Sunday 7:00 pm. Absent mutual agreement otherwise,the exchange location shall occur at the Sheetz store in Silver Springs Township. b. In week two, Father shall have physical custody of the Child from Wednesday 4:00 pm until Friday morning. Absent mutual agreement otherwise,the exchange location shall occur at the Sheetz store in Silver Springs Township. c. In regard to the actual physical exchange of the Child,Father shall remain at/near his vehicle for the exchange. d. The parents may alter this schedule by mutual agreement. • 4. Both parents shall have appropriate car seats for the Child and shall have their car seats inspected and follow the recommendations. 5. Counseling: Father has agreed to,and shall,be in contact with the Child's pediatrician within one week of the instant Order to ascertain whether the pediatrician is recommending the Child engage in some sort of play therapy/counseling. If the pediatrician does in fact recommend counseling/therapy,the parties shall mutually agree on an appropriate professional within ten days of the recommendation to provide said counseling/therapy. 6. Within two weeks of the instant Order,the parents shall communicate with each other in regard to whether the subject Child shall be baptized. Furthermore,the Father has agreed to communicate with Mother's selected priest to gather more information in regard to the proposed baptism. In the event that the parents can not agree whether the Child should be baptized,the parties may contact the assigned conciliator for a telephonic conference. 7. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Furthermore, communication between the parents shall be limited to telephonic/email/text messaging pertaining to the custody and care of the minor Child. 8. Holidays: The parents shall arrange a holiday schedule as attached in the absence of mutual agreement otherwise. Additionally, each parent shall have physical custody of Michael on their respective birthdays. 9. In the event the custodial parent should take the Child out of state,the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 10. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party,or injure the opinion of the Child as to the other party,or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible,both parties shall not allow third parties to disparage the other parent in the presence of the Child. 11. In the event of a medical emergency,the custodial party shall notify the other party as soon as possible after the emergency is handled. 12. During any periods of custody or visitation,the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible,that other household members and/or house guests comply with this provision. Ammo nom 13. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations,the party first providing written notice shall have the choice of vacation. Prior to departure,the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 14. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent,the terms of this Order shall control. BY THE COURT, 11 J. Distribution: Y Lisa Coyne, Esq., 3901 Market Street,Camp Hill,PA 17011-4227 J Jarad Handelman, Esq., P.O. Box 650,Hershey,PA 17033 • if John J. Mangan, Esq. • • 5-/act 0 4 Regular Physical Custody Schedule (M=mom D=dad) Monday Tuesday Wednesday Thursday Friday Saturday Sunday M M D D D JM M D D D M M M M D D D M M M HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day 1st Half From 9 am until 3 pm Father Mother Easter Day 2nd Half From 3 pm until 9 pm Mother Father Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1st From 9 am Thanksgiving Day to 3 Father Mother Half pm on Thanksgiving Day Thanksgiving 2nd From 3 pm on Thanksgiving Day to Mother Father half noon the day after Thanksgiving Day Christmas 15t Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2"a Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1st(with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 9 pm Mother Mother _ Father's Day From 9 am until 9 pm Father Father CHRISTOPHER P.KELLY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. • : No. 09-5411 Civil Term JENNIFER M. KELLY Defendant : ACTION IN CUSTODY Prior Judge: J.Wesley Oler,Jr.,J. 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 Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Michael Kelly 07/03/2007 Primary Mother 2. A Conciliation Conference was held on September 17,2009, an Order was issued September 28,2009,a conference was held November 19,2009,an Order issued November 25,2009, an Order issued December 11, 2009, a conference was held August 16, 2010 with the following individuals participating: The Mother,Jennifer Kelly,with her counsel,Lisa Coyne, Esq. The Father,Christopher Kelly,with his counsel,Jared Handelman, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date: Vi/y 7/� / John . M. gan, Esquire Cus •dy onciliator EXHIBIT B Katie A. Kelly From: Jessica E Lowe Sent: Wednesday, January 30, 2013 9:23 AM To: Lisa Coyne Subject: RE: Re: karate ceremony Lisa: The name of Taylor's therapist is Kristin Lamancusa. She is with NHS in Carlisle, and her phone number is 717.243.6022. If Ms. Kelly is unable to obtain any information from the therapist due to privacy laws and policies, Mr. Kelly will sign a waiver giving Ms. Kelly permission in inquire about Michael, but nothing further. Ms. Kelly is in no way going to be authorized to obtain any information about Taylor's therapy whatsoever. Taylor—not Michael—is the only person receiving therapy, and Ms. Kelly is welcome to confirm that with the therapist. Information beyond that will not be accessible to her. Your client is familiar with the events in Taylor's life that have necessitated therapy, so please direct the questions in your email below to her. Suffice it to say that the triggering event occurred before Taylor came to live with Mr. and Ms. Kelly. There is no risk to Michael in any way, shape or form. Michael is not involved in any way. There is no legitimate reason to discuss this matter further. This email should satisfy Ms. Kelly's request. Jessica J .3. Jessica E. Lowe, Esquire JAMES SMITH DIETTERICK&CONNELLY,LLP P.O. Box 650 Hershey, PA 17033 Tel: 717.533.3280 Fax: 717.533.2795 SECURITY NOTICE-Because email messages sent between you and James Smith Dietterick and Connelly,LLP("JSDC")and its employees are transmitted over the Internet,JSDC cannot assure that such messages are secure.You should be careful in transmitting information to JSDC that you consider confidential.If you are uncomfortable with such risks,you may decide not to use email to communicate with JSDC.Although you may be sending an email message to a specific JSDC employee,other JSDC employees may review such messages.Additionally,your email messages to JSDC may,consistent with JSDC's regulatory requirements and retention polices,be retained.You should also be aware that email messages may be delayed or undelivered. CONFIDENTIALITY NOTICE-This electronic mail transmission originates from JSDC.If there are any problems regarding reception of this transmission or any attachments indicated above,please call the signatory listed above.This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged,confidential and exempt from disclosure under applicable law.If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited.If you have received this communication in error,please notify us immediately by telephone,and delete this transmission with any attachments from any computer and destroy all copies in any form.Thank you. From: Lisa Coyne [mailto:Lisa @coyneandcoyne.com] Sent: Tuesday, January 29, 2013 4:29 PM 1 To: Jessica E Lowe Subject: FW: Re: karate ceremony Jessica: Was there an event which triggered the therapy? Did that event occur when Michael was in the custody of your client? Did the event involve Michael, did Michael witness something, and is that why observations of Michael have occurred in an office and/or home setting? Is there any risk to Michael? What are the dates that Michael was present/attended sessions which a counselor or government representative made observations which included Michael? As discussed, please provide the name of the provider of the services so that my client can communicate directly to that provider. Lisa Lisa Marie Coyne, Esq. COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Fax:(717) 737-5161 www.coyneandcoyne.com Email: lisa@coyneandcoyne.com `'A Please consider the environment before printing this e-mail. ********************************************************************************** THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE IS TRANSMITTED BY AN ATTORNEY. IT IS PRIVILEGED AND CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, PLEASE BE ADVISED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF THIS COMMUNICATION HAS BEEN RECEIVED IN ERROR, IMMEDIATELY NOTIFY ME BY TELEPHONE (COLLECT CALL) OR RESPOND TO THIS MESSAGE, AND THEN DELETE AND DESTROY THIS MESSAGE. ********************************************************************************** Original message Subject:Re: karate ceremony From:Chris Kelly<chrispkelly @hotmail.com> To:Jennifer Kelly<sssis33(4ahoo.com> Cc: 2 I am sorry you don't understand this therapy is about Taylor and for Taylor. I am sorry that you feel it is inappropriate for Michael to play a friendly game with people that are trained as therapist... as a friendly game and not as attempt to analyze/observe/etc. I will limit Taylor's therapy to when Michael is not here. Sent from my iPhone On Jan 25, 2013, at 5:10 PM, "Jennifer Kelly" <sssis33 @yahoo.com>wrote: if michael has played the game in the presence of a therapist, than as his mom, i have a right to know all the information. From: Chris Kelly<chrispkelly a(�hotmail.com> To: Jennifer Kelly<sssis33( yahoo.com> Sent: Friday, January 25, 2013 4:48 PM Subject: Re: karate ceremony They play too and they are regular board games, like pictionary And the games are very seldom... They give Taylor therapy not Michael... Sent from my iPhone On Jan 25, 2013, at 4:43 PM, "Jennifer Kelly" <sssis33 @yahoo.com>wrote: so michael has been in the room with the therapist and you have all been present and together with a therapist without my permission. while you are all playing a game, they are observing you as a family-hence what is called play therapy at Michael's age. this is what i tried for and you didn't allow it. you need to disclose all of the information and answer all of the questions. From: Chris Kelly<chrisokellv(a�hotmail.com> To: Jennifer Kelly<sssis33(avahoo.com> Sent: Friday, January 25, 2013 4:39 PM Subject: Re: karate ceremony It is nice because when they aren't talking to Taylor in private and they want to play a game with all of us it's fun. Sent from my iPhone On Jan 25, 2013, at 4:34 PM, "Jennifer Kelly" <sssis33 @yahoo.com>wrote: you are contradicting yourself because you said below that "The therapy sessions are family based so it is nice for Michael to be there, they play games and etc...." 3 you need to explain this and answer the questions please. From: Chris Kelly<chrispkellAhotmail.com> To: Jennifer Kelly<sssis33(@yahoo.com> Sent: Friday, January 25, 2013 3:40 PM Subject: Re: karate ceremony It's Taylor's therapy and Taylor's therapist... she is their client, not me not Michael. That is why you never signed anything, nor did I re: Michael. He is not receiving therapy. Michael and I will be in another room playing while Taylor talks to her therapist about her issues. It is similar to if I take her to therapy at Pinnacle and Michael is with me in the waiting room. All of Taylor's future therapy appointments will be scheduled when Michael is not there. Chris Sent from my iPhone On Jan 25, 2013, at 3:27 PM, "Jennifer Kelly" <sssis33@yahoo.com>wrote: Chris, Michael has been in the presence of a therapist, observed, watched etc. without my permission. I would like an answer to each of my questions including how many times he has been present with a therapist. Michael is not to attend or be in the presence of any therapist without my permission. Please also explain to me where Michael's whereabouts will be on Wednesday while Taylor is in therapy. jenn From: Chris Kelly<chrispkelly@hotmail.com> To: Jennifer Kelly<sssis33( yahoo.com> Sent: Friday, January 25, 2013 1:57 PM Subject: Re: karate ceremony Michael is not involved it is strictly for Taylor,but at times they like to do fun things when not talking to Taylor... like board games, etc (hence the family comment).... 4 They are there to help Taylor and that is all. They are not working with Michael, they have no interest in Michael they are totally focused on Taylor. So to be clear Michael is not engaged in therapy, there are no issues being worked on with Michael at all. Chris Sent from my iPhone On Jan 25, 2013, at 1:25 PM, "Jennifer Kelly" <sssis33@yahoo.com>wrote: Chris, I want some very clear and detailed answers to the following questions: • Who is the therapist that you are seeing? (name, address, and phone number) • How long has Michael been involved with this therapy? • What is the purpose of the therapy? • Why was the therapy started? • What is the goal of the therapy? • What are you trying to accomplish through this therapy? • Why wasn't I informed? • How did this therapist agree to have Michael involved without my signature? All therapy for Michael is to stop immediately. I do not give my permission for you to take Michael to a therapist when I have not been involved. If you recall, I attempted therapy and was denied because you 5 wouldn't permit it. I, as a legal guardian to Michael, want some answers by the end of today. Jennifer From: Chris Kelly <chrispkelly(a�hotmail.com> To: Jennifer Kelly <sssis33( yahoo.com> Sent: Friday, January 25, 2013 8:55 AM Subject: Re: karate ceremony The therapy sessions are family based so it is nice for Michael to be there, they play games and etc.... I thought they still had Saturday testings but if not just give me a couple weeks notice next time so I can juggle therapy and etc. Chris Sent from my iPhone On Jan 24, 2013, at 8:03 PM, "Jennifer Kelly" <sssis33 @yahoo.com>wrote: no apologies to me. this is the 2nd karate ceremony michael is missing and he each time he misses a ceremony, he misses a chance to advance to the next level. if you need me to get michael to the ceremony, let me know. From: Chris Kelly <chrispkelly @hotmail.c om> To: Jennifer Ragonese <sssis33(cr�yahoo.com> Sent: Thursday, 6 January 24, 2013 6:04 PM Subject: RE: karate ceremony No Taylor will be having therapy that night so we will be busy.... sorry Chris Date: Tue, 22 Jan 2013 18:42:50 -0800 From: sssis33@yahoo.com Subject: karate ceremony To: chrispkelly@a,hotmail. corn chris, a week from wednesday-the 30th, there is another karate ceremony at 5pm. Can michael attend? jenn 7 VERIFICATION The undersigned, Christopher Kelly,hereby verifies that the facts set forth in the foregoing Answer and Counter-Petition are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ;//g/4/. Christo e Kelly Y CHRISTOPHER P. KELLY, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009-5411 CIVIL TERM JENNIFER M. DALY, f/k/a : CIVIL ACTION—LAW JENNIFER M. KELLY, : IN CUSTODY Defendant/Petitioner • Prior Judge: J. Wesley Oler, Jr. • CERTIFICATE OF SERVICE I, JESSICA E. LOWE, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Answer to Petition for Contempt and Modification upon the following below- named individual(s)by depositing same in the U.S. Mail,postage pre-paid at Hershey, Dauphin County, Pennsylvania this 21st day of February, 2014. Jennifer M. Daly 817 Conodoguinet Drive Camp Hill, PA 17011 JSDC Law Offices By: J S ICA . L•WE, Esquire I. . No. 21: 041 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff/Respondent 9eva, Isms, CHRISTOPHER P. KELLY : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA j vs. : NO. 2009-5411 Civil Term `+ JENNIFER M. DALY, f/k/a : CIVIL ACTION - LAW a JENNIFER M. KELLY, Defendant/Petitioner : CUSTODY < = - CRIMINAL RECORD / ABUSE HISTORY VERIFICATION is w I, CHRISTOPHER KELLY, 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 Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges II 18 Pa.C.S. Ch. 25 II II (relating to criminal homicide) I 18 Pa.C.S. §2702 II II (relating to aggravated assault) II 18 Pa.C.S. §2706 II II (relating to terroristic threats) � r Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges [] 18 Pa.C.S. §2709.1 II II (relating to stalking) [] 18 Pa.C.S. §2901 II II (relating to kidnapping) II 18 Pa.C.S. §2902 II II (relating to unlawful restraint) II 18 Pa.C.S. §2903 II II (relating to false imprisonment) II 18 Pa.C.S. §2910 II II (relating to luring a child into a motor vehicle or structure) II 18 Pa.C.S. §3121 II II (relating to rape) II 18 Pa.C.S. §3122.1 II II (relating to statutory sexual assault) II 18 Pa.C.S. §3123 II II (relating to involuntary deviate sexual intercourse) [] 18 Pa.C.S. §3124.1 II II (relating to sexual assault) 2 Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges [� 18 Pa.C.S. §3125 [] II (relating to aggravated indecent assault) 18 Pa.C.S. §3126 II ❑ (relating to indecent assault) II 18 Pa.C.S. §3127 ❑ II (relating to indecent exposure) L1 18 Pa.C.S. §3129 [] [] (relating to sexual intercourse with animal) L1 18 Pa.C.S. §3130 II II (relating to conduct relating to sex offenders) L1 18 Pa.C.S. §3301 ❑ L1 (relating to arson and related offenses) D 18 Pa.C.S. §4302 [] ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 II II (relating to concealing death of child) [] 18 Pa.C.S. §4304 f (relating to endangering welfare of children) 3 Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges Q 18 Pa.C.S. §4305 Q Q (relating to dealing in infant children) Q 18 Pa.C.S. §5902(b) Q Q (relating to prostitution and related offenses) Q 18 Pa.C.S. §5903(c) or (d) Q Q (relating to obscene and other sexual materials and performances) Q 18 Pa.C.S. §6301 Q Q (relating to corruption of minors) Q 18 Pa.C.S. §6312 Q Q (relating to sexual abuse of children) Q 18 Pa.C.S. §6318 Q Q (relating to unlawful contact with minor) Q 18 Pa.C.S. §6320 Q Q (relating to sexual exploitation of children) Q 23 Pa.C.S. § 6114 Q Q (relating to contempt for violation of protection order or agreement) 4 Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges II Driving under the influence II II of drugs or alcohol II Manufacture, sale, delivery, II II holding, offering for sale or possession of any controlled substance or other drug or device 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 Date all that household apply member II A finding of abuse by a Children & Youth II II Agency or similar agency in Pennsylvania or similar statute in another jurisdiction II Abusive conduct as defined under the II II Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction II Other: II II 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 5 • 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 to authorities. Signature C4. 4 lit (l Printed Name 6 CHRISTOPHER P. KELLY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. JENNIFER M. KELLY N /K/A JENNIFER M. DALY Defendant Prior Judge: J. Wesley Oler, Jr., J. : No. 09 -5411 Civil Term : ACTION IN CUSTODY COURT ORDER AND NOW, this 1(a t 1� r`` ' day of April 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order. The contempt petition is held in abeyance until the status conference in July 2014. 2. Legal custody: The Mother, Jennifer Kelly, and the Father, Christopher Kelly, shall have shared legal custody of Michael Kelly, born 07/03/2007. The parties shall have an equal right to make all major non - emergency decisions affecting the Child's general well -being including, but not limited to, all decisions regarding his 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 Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of 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. 3. Physical Custody: Mother and Father shall arrange physical custody of Michael on a repeating two week 2/2/5/5 basis as follows: a. Mother shall have custody every Monday until Wednesday, Father shall have custody every Wednesday until Friday and the parents shall alternate the weekends from Friday until Monday. b. Additionally, on the Monday after Mother's weekend, Father shall have custody from after school until 6:00 pm and on the Friday before Father's weekend, Mother shall have custody from after school until 6:00 pm. c. When there is no school, the exchanges shall be made at 4:00 pm absent agreement otherwise. d. Absent written agreement otherwise or further Order of Court, Michael shall remain in his current school district. e. f. g. h. Each parent shall ensure that Michael attends his regularly scheduled extra - curricular activities when he is in their respective custody. Absent mutual agreement otherwise, the exchange location shall occur at /near the Sheetz store in Silver Springs Township. In regard to the actual physical exchange of the Child, Father shall remain at /near his vehicle for the exchange. The parents may alter this schedule by mutual agreement. Regular Physical Custody Schedule (M=mom D =dad Monday Tuesday Wednesday Thursday Friday Saturday Sunday D M M M D D D M M M M D M M D D D M D D 4. Both parents shall have appropriate car seats for the Child and shall have their car seats inspected and follow the recommendations. 5. Counseling: The parents have agreed to engage Michael in individual counseling as recommended. The parties have agreed to, and shall, engage in therapeutic family counseling (with the focus on co- parenting) with a mutually agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally by the parties. The parties shall select and schedule an appointment within ten days of the instant Order. 6. The non - custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Furthermore, communication between the parents shall be limited to telephonic /email /text messaging pertaining to the custody and care of the minor Child. 7. Holidays: The parents shall arrange a holiday schedule as attached in the absence of mutual agreement otherwise. Additionally, each parent shall have physical custody of Michael on their respective birthdays. 8. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non - custodial parent within twenty -four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and /or house guests comply with this provision. 12. Vacation: Each parent shall have two non - consecutive weeks of vacation with the Child per year. In the absence of mutual agreement otherwise, the vacation week shall be from 4 pm Monday through the following Monday 4 pm and this week shall encompass the vacationing parent's regularly scheduled weekend. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 13. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non - relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child /children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 14. A status conference with the assigned conciliator is hereby scheduled for Tuesday, June 24, 2014 at 9:00 am. 15. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 4Dstribution: nnifer Daly, 817 Conodoguinet Dr., Camp Hill, PA 17011 ,/Jessica Lowe, Esq., P.O. Box 650, Hershey, PA 17033 john J. Mangan, Esq. HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1St Half From 9 am until 3 pm Father Mother Easter Day 2nd Half From 3 pm until 9 pm Mother Father Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 9 am Thanksgiving Day to 3 pm on Thanksgiving Day Father Mother Thanksgiving 2nd half From 3 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1st Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2nd Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1st (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 pm Father Father CHRISTOPHER P. KELLY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. JENNIFER M. KELLY, N/K/A JENNIFER M. DALY Defendant Prior Judge: J. Wesley Oler, Jr., J. : No. 09-5411 Civil Term : ACTION 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 Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Michael Kelly 07/03/2007 Mother and Father 2. A Conciliation Conference was held on September 17, 2009, an Order was issued September 28, 2009, a conference was held November 19, 2009, an Order issued November 25, 2009, an Order issued December 11, 2009, a conference was held August 16, 2010, an Order issued August 23, 2010 and a conference was held March 11, 2014 with the following individuals participating: The Mother, Jennifer Kelly, self-represented party The Father, Christopher Kelly, with his counsel, Jessica Lowe, Esq. Date: The undersigned recommends and the parties agreed to the entry of an Order in the form as attached. John Cus ngan, Esquire Conciliator