HomeMy WebLinkAbout04-3099BRIAN HANNAWAY,
Plaintiff
KELLY REPPERT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:
CUSTODY/VISITATION
:
: NO.
COMPLAINT
1. Plaintiff is Brian Hannaway of 111 7 Pottsville Street, Mechanicsville,
Schuylkill County, Pennsylvania, 17901.
2. Defendant is Kelly Reppert, 112 North Road, Mechanicsburg,
Schuylkill County, Pennsylvania 17050.
3. Plaintiff seeks fuU physical and legal custody of Brianna Ailean
Hannaway, who is 12 years of age (DOB: February 15, 1992). The Defendant
currently has primary physical custody of the child, however, Defendant has
abandoned the minor child.
4. The child was born out of wedlock and the parties were never
married. The child is presently in the physical custody of her grandmother,
Barb McGovern, and aunt, Lois Morgan of 15 Marshall Drive, Camp Hill,
Pennsylvania, 17011, having been abandoned by Defendant.
5. The relationship of the Plaintiff to the child is that of father.
6. The relationship of the Defendant to the child is that of mother.
7. On June 21, 1993, a Consent Agreement was entered into by the
parties and a subsequent Custody Order was issued on June 23, 1993 in
Cumberland County.
8. Plaintiff has no information of a custody proceeding concerning the
child pending in any Court of this Commonwealth. Plaintiff does not know of
any person not a party to this proceeding who has physical custody of the
children or claims to have custody or visitation rights with respect to the
children.
9. The best interests in permanent welfare of the children will be
served by granting the relief requested for the following reasons:
a. The child refuses to live with the Defendant and the
Defendant has abandoned the minor child.
10. Each parent whose parental rights to the children have not been
terminated and the person who has physical custody of the children have been
named as parties to this action.
WHEREFORE, Plaintiff requests the Court to grant custody of the child,
Brianna Ailean Hannaway.
-2-
Respectfully submitted,
RILEY AND FANELLI, P.C.
SUDH~QUIRE
Attorney I.D. No. 75914
The Necho Allen
No. 1 Mahantongo Street
Pottsville, PA 17901
(570) 622-2455
VERIFICATION
I, BRIAN HANNAWAY, verify that the statements made in the foregoing
Complaint which are within my personal knowledge are true and correct and
those which are based on information received from others I believe to be true
and correct. I understand that any false statements in the foregoing Complaint
are subject to the penalties under 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Complaint
for Custody has been served on the following person(s) in the following
manner:
BY CERTIFIED MAIL, POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
Ms. Kelly Reppert
] ] 2 North Road
Mechanicsburg, PA 17050
DATE:
BRIAN HANNAWAY :
PLAINTIFF :
V. :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-3099 CIVIL ACTION LAW
KELLY REPPERT
: iN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, July 13, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear beibre Melissa P. Greevy, Esq. , the conciliator,
at 301 Market Street, Lemoyne, PA 17043 on Wednesday, August 11, 2004 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard hy the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and ali existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FORTHECOURT~
By: /s/
Melissa P. Greevy, Esq.
Custody Concihatur
mhc
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 befi)re 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 'iT1E OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ttELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
BRIAN HANNAWAY,
Plaintiff
V.
KELLY REPPERT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
NO. 04-3099
CERTIFICATE OF FIRST PRESENTATION
The undersigned hereby certifies that this is the first presentation of
Plaintiff, Brian Hannaway's, Petition for Special Relief.
Respectfully submitted,
RILEY ANI:) FANELLI, P.C.
SU DH~R R~.~p~~QU i RE
Attorney I.D. No. 75914
The Necho Allen
No. 1 Mal~antongo Street
Pottsville, PA 1 7901
(570) 622-2455
Counsel for Plaintiff
BRIAN HANNAWAY, :
Plaintiff :
:
V. :
:
KELLY REPPERT, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION ~ LAW
CUSTODY/VISITATION
NO. 04-3099
PLAINTIFF'S PETITION FOR SPECIAL RELIEF
AND NOW, comes Plaintiff, Brian Hannaway, by and through his
undersigned counsel, and Petitions this Honorable Court for Special Relief, and
in support thereof, states as follows:
1. Plaintiff is Brian Hannaway, who is currently residing at 1117
Pottsville Street, Mechanicsville, Schuylkill County, Pennsylvania 17901.
2. Defendant is Kelly Reppert, whose last known address was 31 C
West York Street, Dillsburg, Pennsylvania 17019.
3. Brian Hannaway and Kelly Reppert are the natural parents of a
minor child, Brianna Ailean Hannaway, DOB 2/15/92, who currently resides with
her father, Brian Hannaway.
4. On or about June 15, 2004, the defendant abandoned Brianna with
her father and her whereabouts are currently unknown.
5. On July 13, 2004, Brian Hannaway filed a Custody Complaint in
Cumberland County Court of Common Pleas, docketed to number 04-3099.
-]-
6. As a result of the defendant's unknown whereabouts and after
failed attempts at making service, a custody conference scheduled on August
11,2004 was rescheduled to September 27, 2004.
7. Plaintiff has attempted to enroll Brianna in Pottsville Area School
District for the upcoming school year.
8. In light of the fact that the defendant's whereabouts are unknown
and the need to enroll Brianna into school for the upcoming school year, the
Plaintiff respectfully requests that this Court grant him temporary physical and
legal custody of Brianna until the outcome of the pen~ding custody conference
scheduled on September 27, 2004.
WHEREFORE, Plaintiff, Brian Hannaway, respectlFully requests that this
Court GRANT his Petition for Special Relief and award him physical and legal
custody of Brianna Ailean Hannaway.
Respectfully submitted,
RILEY AND FANELLI, P.C.
Attorney I..D. No. 75914
The Necho Allen
No. ] Mahantongo Street
Pottsville, PA 17901
(570) 622-2455
Counsel for Plaintiff
-2-
VERIFICATION
I, BRIAN HANNAWAY, verify that the statements made in the foregoing
Petition for Special Relief which are within my personal knowledge are true and
correct and those which are based on information received from others I
believe to be true and correct. I understand that any false statements in the
foregoing Petition are subject to the penalties under 18 Pa.C.S.A. Section 4904,
relating to unsworn falsification to authorities.
BRIAN HANNAWAY
CERTIFICATE OF SERVICE':
I hereby certify that a true and correct copy of Plaintiff's Petition for
Special Relief has been served on the following person(s) in the following
manner:
BY FIRST-CLASS MAIL, POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
Ms. Kelly Reppert
31 C West York Street
Dillsburg, PA 1 7019
DATE:
~D~~ton-Keich, Secretary to
L, ESQUIRE
BRIAN HANNAWAY,
Plaintiff
V.
KELLY REPPERT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
NO. 04-3099
ORDER
AND NOW, this. ~ ~ ~ day of .~,~'~ ,2004, upon
consideration of Plaintiff, Brian Hannaway's, Petition for Special Relief, it is
hereby ORDERED and DECREED that said Petition is GRANTED
BY THE COURT,
~0 ~0114';t ~ d3S ~I~Z
BRIAN HANNAWAY, :
Plaintiff :
:
V. :
:
KELLY REPPERT, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
NO. 04-3099
MOTION OF PLAINTIFF FOR SERVICE BY PUBLICATIO.~
PURSUANT TO PA. R.C.P. 430(a)
AND NOW comes the Plaintiff, Brian Hannaway, by and through his
undersigned counsel, and moves this Honorable Court for an Order to serve the
within Defendant, Kelly Reppert, by publication, and in support thereof state as
follows:
1. Plaintiff is Brian Hannaway, who is currently residing at 1 ] ~ 7
Pottsville Street, Mechanicsville, Schuylkill County, Pennsylvania 17901.
2. Defendant is Kelly Reppert, whose last known address was 31 West
York Street, Dillsburg, Pennsylvania 17019.
3. Brian Hannaway and Kelly Reppert are the natural parents of a
minor child, Brianna Ailean Hannaway, DOB 2/15/92, who currently resides with
her father, Brian Hannaway.
4. On or about June 15, 2004, the Defendant abandoned Brianna with
her father.
Respectfully submitted,
RILEY .AND FANELLI, P.C.
SUDHIJR' R. PATEL, ESQUIRE
Attorney I.D. No. 75914
The Necho Allen
No. 1 Mahantongo Street
Pottsville, PA 17901
Phone: (570) 622-2455
Fax: (570) 622-5336
Counsel for Plaintiff
VERIFIC_~ATION
I, BRIAN HANNAWAY, verify that the statements made in the foregoing
Petition for Special Relief which are within my personal knowledge are true and
correct and those which are based on information~ received from others I
believe to be true and correct. I understand that .any false statements in the
foregoing Petition are subject to the penalties under 18 Pa.C.S.A. Section 4904,
relating to unsworn falsification to authorities.
DATED:
BRIAN HANNAWAY ~
CERTIFICATE OF SER\flCF
I hereby certify that a true and correct copy' of Plaintiff's Motion to Serve
by Publication has been served on the following person(s) in the following
manner:
BY FIRST-CLASS MAIL, POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
Ms. Kelly Reppert
31 C West York Stre~t
Dillsburg, PA 1 701 9
DATE:
BRIAN HANNAWAY, :
Plaintiff :
..
V.
KELLY REPPERT,
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
NO.
COMPLAINT
]. Plaintiff is Brian Hannaway of 111 7 Pottsville Street, Mechanicsv, Jlle,
Schuylkill County, Pennsylvania, ] 7901.
2. Defendant is Kelly Reppert, 1 ] 2 North Road, Mechanicsburg,
Schuylkill County, Pennsylvania ] 7050.
3. Plaintiff seeks full physical and legal custody of Brianna Ailean
Hannaway, who is ]2 years of age (DOB: February 15, 1992). The Defendant
currently has primary physical custody of the child, however, Defendant has
abandoned the minor child.
4. The child was born out of wedlock and the parties were never
married. The child is presently in the physical custody ofiher grandmother,
Barb McGovern, and aunt, Lois Morgan of ] 5 Marshall Drive, Camp Hill,
Pennsylvania, ] 70] 1, having been abandoned by Defendant.
The relationship of the Plaintiff to the child is 'that of father.
The relationship of the Defendant to the child is that of mother.
7. On June 21, 1993, a Consent Agreement was entered into by the
parties and a subsequent Custody Order was issued on June 23, 1993 in
Cumberland County.
8. Plaintiff has no information of a custody proceeding concerning the
child pending in any Court of this Commonwealth. Plaintiff does not know of
any person not a party to this proceeding who has physical custody of the
children or claims to have custody or visitation rights with respect to the
children.
9. The best interests in permanent welfare of the children will be
served by granting the relief requested for the following reasons:
a. The child refuses to live with the Defendant and the
Defendant has abandoned the minor child.
10. Each parent whose parental rights to the children have not been
terminated and the person who has physical custody of the children have been
named as parties to this action.
WHEREFORE, Plaintiff requests the Court to grant cu, stody of the child,
Brianna Ailean Hannaway.
-2-
Respectfully submitted,
RILEY AND FANELLI, P.C.
R. PAl-EL, ESQUIRE
Attorney I.D. No. 75914
The Necho Allen
No. 1 Mahantongo Street
Pottsville, PA 17901
(570) 622-2455
-3-
VERIFICATION
I, BRIAN HANNAWAY, verify that the statements made in the foregoing
Complaint which are within my personal knowledge are true and correct and
those which are based on information received from others I believe to be true
and correct, l understand that any false statements in the foregoing Complaint
are subject to the penalties under 18 Pa.C.$.A. Section 4904, relating to
unsworn falsification to authorities.
DATE:
BRIAN HANN,Z(WAY ~
CERTIFICATE OF SERVICE
hereby certify that a true and correct copy of the foregoing Complaint
for Custody has been served on the following person(s) in the following
manner:
BY CERTIFIED MAIL, POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
Ms. Kelly Reppert
112 North Road
Mechanicsburg, PA 17050
In the Court of Common Pleas of · SCIY~YLKILL County, Pennsylvania '. ~
DOMESTIC RI~LATIONS SECTION
KELLY A. REPPERT
Plaintiff
VS.
BRIAN D. HANNAWAY
Defendant
) Docket Number 16636
)
) PACSES Case Nu~nber 829000627
)
) OLh_er State ID N~maber
ORDER
AND NOW, to wit, on this 26TH DAY OF AUOUST, 2004 IT IS HEREBY
ORDERED that the support order in this case be C) Vacated or OSuspended or
(2) Terminated without prejudice or (~) Terminated and Vacated,
effective JUNE lS, 2O04 , due to:
MINOR CHILD, BR~ AI~'EA~ ttA/~NAWAY, ~ BEEN IN THE pRYSICAL CUSTODY OF THE
DEFENDANT SINCE JUNE 15, 2004. T~E WHEREABOUTS OF THE PLAINTIFF ARE UNKNOWN
TO THE COURT. THERE ARE NO CHILD SUPPORT ARREARAGES DUE 2%ND OWING TO TIEE
p~AINTIFF AND/OR THE DEPARTMENT OF pUBLIC WELFARE.
JUDGE
Form OE-504
Service Type M Worker ID 54401
In the Court of Common Pleas of SCHUYLKILL County, Pennsylvania
vo.v~c ~uArlO~S s_~c~o~ 1~92
· ' PO BOX 1192, POTTSVILLE, leA. -
Fax: (570) 628-1011
Phone: (570) 628-1588
Defendant Name: BRXJUq D. H~AWAY
Member ID Number: 5853000203
please note: All correspondence must include the Member ID Number.
~ORDER TO VACATE ATTACHMENT OF UNEMPLOYMENT BENEFITS
plaintiff Name
KELLY A. REPPERT
Fi.~nancial Break Down of Multiple Cases on Attachment
PACSES Docket
Case Number Number.
829000627 16636
Attachment Amount/Frequency
108.33 ~
$ /
TOTAL ATTACHMENT AMOUNT: $ o. o o
The prior Order of this Court directing the Department of Labor and Industry, Bureau of
Unemployment Compensation Benefits and Allowances (BUCBA), to attach $ 0. o0
or 50 % per week of the Unemployment Compensation benefits of
, Social Security Number 157-86-1857,
BRIAIq D. HANNAWAY
Member ID Number 5853000203 iS hereby vacated.
This Order to Vacate shall be effective upon receipt of the notice of the Order by the
Department and shall remain in effect until a further Order of the Court is filed.
BY THE COURT
Date of Order: AUGUST 16, 2004
WILtlAM E BALDWIN
3UDGt~
Form EN-035
Worker ID 54401
Service Type M
BRIAN HANNAWAY,
Plaintiff
KELLY REPPERT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
;
: CUSTODY/VISITATION
..
: NO. 04-3099
ORDER
AND NOW, this. ~ ~/~ day of ~/~ ~J~ _
!
,2004, upon
consideration of Plaintiff, Brian Hannaway's, Petition for Special Relief, it is
hereby ORDERED and DECREED that said Petition is GRANTED.,
BY THE COURT,
BRIAN HANNAWAY,
Plaintiff
KELLY REPPERT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
NO. 04-3099
ORDER
AND NOW, this. day of _, 2004, upon
consideration of Plaintiff, Brian Hannaway's, Petition for Special Relief, it is
hereby ORDERED and DECREED that a Hearing on said Petit:ion shall take place
on ., 2004 at .__ o'clock A.M./P.M. in Courtroom No. __
BY THE COURT,
BRIAN HANNAWAY,
Plaintiff
V.
KELLY REPPERT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUN-FY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
NO. 04-3099
CERTIFICATE OF FIRST PRESENTATION
The undersigned hereby certifies that this is the first presentation of
Plaintiff, Brian Hannaway's, Petition for Special Relief.
Respectfully submitted,
RILEY AND FANELLI, P.C.
SU DH I~R,~TEL, ESQUIRE
Attorney I.D. No. 75914
The Necho Allen
No. 1 Mahantongo Street
Pottsville, PA 17901
(570) 622-2455
Counsel for Plaintiff
BRIAN HANNAWAY,
Plaintiff
¥.
KELLY REPPERT,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
NO. 04-3099
PLAINTIFF'S PETITION FOR SPECIAL RELIEF
AND NOW, comes Plaintiff, Brian Hannaway, by and through hiS'..
undersigned counsel, and Petitions this Honorable Court for Special Rei:~ef,
in support thereof, states as follows:
1. Plaintiff is Brian Hannaway, who is currently residing at 1117
Pottsville Street, Mechanicsville, Schuylkill County, Pennsylvania 17901.
2. Defendant is Kelly Reppert, whose last know~ address was 31 C
West York Street, Dillsburg, Pennsylvania 17019.
3. Brian Hannaway and Kelly Reppert are the natural parents of a
minor child, Brianna Ailean Hannaway, DOB 2/15/92, who currently resides with
her father, Brian Hannaway.
4. On or about June 15, 2004, the defendant abandoned Briannawith
her father and her whereabouts are currently unknown.
5. On July 13, 2004, Brian Hannaway filed a Custody Complaint in
Cumberland County Court of Common Pleas, docketed to number 04-3099.
~d
-].
6. As a result of the defendant's unknown whereabouts and after
failed attempts at 'making service, a custody conference scheduled on August
I 1, 2004 was rescheduled to September 27, 2004.
7. Plaintiff has attempted to enroll Brianna in Pottsville Area School
District for the upcoming school year.
8. In light of the fact that the defendant's wherea, bouts are unknown
and the need to enroll Brianna into school for the upcoming school year, the
Plaintiff respectfully requests that this Court grant him temporary physical and
legal custody of Brianna until the outcome of the pending custody conference
scheduled on September 27, 2004.
wHEREFORE, Plaintiff, Brian Hannaway, respectfully requests that this
Court GRANT his Petition for Special Relief and award him physical and legal
custody of Brianna Ailean Hannaway.
Respectfully submitted,
RILEY AND FANELLI, P.C.
SUDHIR R PA-FEL, ESQUIR
Attorney I.D. No. 75914
The Necho Allen
No. 1 Mahantongo Street
Pottsville, PA 17901
(570) 622-2455
Counsel for Plaintiff
VERIFICATION
I, BRIAN HANNAWAY, verify that the statements made in the foregoing
Petition for Special Relief which are within my personal knowledge are true and
correct and those which are based on information received from others I
believe to be true and correct, l understand that any false statements in the
foregoing Petition are subject to the penalties under 18 Pa.C.S.A. Section 4904,
relating to unsworn falsification to authorities.
BRIAN HAN NAWAY
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Plaintiff's Petition for
Special Relief has been served on the following person(s) in the following
manner:
BY FIRST-CLASS MAIL, POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
Ms. Kelly Reppert
31 C West York Street
Dillsburg, PA 1701 9
DATE:
BRIAN HANNAWAY, :
Plaintiff :
:
V. :
:
KELLY REPPERT, :
Defendant :
IN THE COURT' OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION ,- LAW
CUSTODY/VISITATION
NO. 04-3099
ORDER
AND NOW, this z.~' day of o~'a~,~ ,2004, upon the
Plaintiff's Motion for Service by Publication Pursuant to Pa. R.C.P. 430(a), and
any response thereto, it is hereby ORDERED that Plaintiff is permitted to serve
the Defendant, Kelly Reppert, by publication in compliance with the standards
of Pa. R.C.P. 430(b)(1).
BY THE COURT,
BRIAN HANNAWAY,
Plaintiff
KELLY REPPERT,
Defendant
: IN THE COURT' OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION .- LAW
:
: CUSTODY/VISITATION
:
: NO. 04-3099
AFFIDAVIT OF SERVICE
Jennifer M. Johnstone-Keich, certifies and says:
1. I am the secretary to Sudhir R. Patel, Esquire, Attorney for the
Plaintiff in the above-captioned action.
2. On November 4, 2004, a notice of a Cus. tody Conciliation
Conference scheduled on December 16, 2004 at 1:00 p.m. concerning the
above-captioned matter was published in The Patriot-News newspaper. Said
notarized Proof of Publication and notice which was published are attached
hereto, marked as Exhibit "A" and incorporated herein by reference.
3. On November 12, 2004, a notice of a Custody Conciliation
Conference scheduled on December 16, 2004 at 1:00 p.m. concerning the
above-captioned matter was published in the Cumberland Law Journal. Said
notarized Proof of Publication and notice which was published are attached
hereto, marked as Exhibit "B" and incorporated herein by reference.
4. I certify that the foregoing statements made by me are true. I am
aware that if any of the foregoing statements made by me are willfully false, I
am subject to punishment.
Date:
November 17, 2004
tO
SWORN TO AND SUBS.~RIBED
before me this I'-/~t~' day
of ~nt~u- ,2004.
NC~I-ARY PU~LI~ L_. (~
COMMONWEALTH OF PENNSYLVANIA
Nota~al Se~
Member, Peflnsylvania Association Of Notaries
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, ,owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established
March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/Metro editions which appeared on the 4th day(s) of November 2004. That
neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of
the allegations of this statement as to the time, place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
Sworn to and subscri e~d befor, e('m~ this 4th day of ~em 004 A D
I My Commission ~:~plres P3~6'f~I(~T~ARY P~LI~"
Member, Penn~ylvanlaAa.oclalJl~t~ltl~sion expires June 6, 2006
RILEY & FANELLI, P.C.
ATTN: SUDHIR R. PATEL, ESQUIRE
THE NECHO ALLEN
NO 1 MAHANTONGO STREET
POTTSVILLE, PA. 17901
Statement of Advertising Costs
To THE PATRIOT-NEWS CO.
For publishing the notice or publication attached
hereto on the above stated dates
232.11
Publisher's Receipt for Advertising Cost
of The Patriot-News and The Sunday Patriot-News, newspapers of general
receipt of the aforesaid notice and publication costs and certifies that the same have
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L. 1784
STATE OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS,
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly thc same as was printed in thc regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
NOVEMBER 12, 2004
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are tree.
SWORN TO AND SUBSCRIBED before me this
12 day of NOVEMBER, 2004
I .OIS E. SNYDER, Notary Public
! C~.,!i~le Boro, Cumberland County
L~mission. ~,,,....~..._~E:~:,r;ires March 5 2005
CUMBERIJ~D LAW JOURNAL
NOTICE
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Action--Law
No. 04-3099
BRIAN HANNAWAY,
Plaintiff
v.
KELLY REPPERT,
Defendant
CUSTODY/VISITATION
TO: KELLY REPPERT:
You are hereby notified that the
above-named Plaintiff has com-
menced a Custody Action against you
which you are required to defend.
A Custody Conciliation Conference
has been scheduled on December
16, 2004 at 1:00 p.m. at 301 Mar-
ket Street, Lemoyne, Pennsylvania
17043.
NOTICE
If you wish to defend, you must
enter a written appearance person-
ally or by attorney and file your de-
fenses or objections in writing with
the court. You are warned that if
you fail to do so the case may pro-
ceed without you and a judgment
may be entered against you without
further notice for the relief re-
quested by the plaintiff. You may
lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PA-
PER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OF-
FICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO
HIRE A LAWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERV-
ICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
Cumberland County
Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: I (800) 990-9108
SUDHIR R. PATEL, ESQUIRE
Attorney I.D. No. 75914
RILEY AND F~M~IELLI, P.C,
Counsel for Plaintiff The Necho Allen
No. 1 Mahantongo Street
Pottsville, PA 17901
{570) 622-2455
Nov, 12
BRIAN HANNAWAY,
Plaintiff
Vo
KELLY REPPERT, ·
Defendant
DEC 2 7
IN THE COURT OF COMMON PLEAS OF
CUMBERD~,ND COUNTY, PENNSYLVANIA
NC). 04-3099 CIVIL TERM
.CIVIL ACTION - LAW
IN CUSTODY
HESS, J. ---
ORDER OF COURT
AND NOW, this S,~ '- day of ~ __, 20o"/, upon consideration
of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. LeRal Custody· The Father, Brian Hannaway, shall have legal custody of the
minor child, Brianna Ailean Hannaway, bom February 15,. 1992. In that capacity, Father
shall have the responsibility to make all decisions regarding the child's health, education
and religious upbringing.
2. Physical Custody. The Father shall have primary physical custody of the
minor child subject to Mother's periods of visitation arranged by the mutual agreement of the
parties. In the event that the parties cannot agree or Mother is aggrieved by the terms of
this Order, Mother retains the right to petition the Court for a Custody Conciliation
Conference which will be scheduled in due course upon proper petition. In the absence of
any evidence to the contrary, this Court notes that the status quo of the child's physical
custody has been primarily in the Father since on or about ,June 8, 2004.
Dist:
BY THE COURT:
~'~~vi~n . E,ss, J.
· ~udhir Patel, Esquire, The Necho Allen, No. 1 Mahantongo Street, Pottsville, PA 17901
,~lly Reppert, 31-C York Street, Dillsburg, PA 17019
O .Oq'0'5
RLEB-OFFtCE
OF THE PROTHONOTARY
2~OO~DEC 30 /~iI!: 3~
BRIAN HANNAWAY,
Plaintiff
V.
KELLY REPPERT,
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-3099 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY' RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child who is the subject of this
litigation is as follows:
NAME
Brianna Ailean Hannaway
DATE OF BIRTH
February 15, 1992
CURRENTLY IN THE CUSTODY OF
Father
2. A Custody Conciliation Conference was held on December 16, 2004 following
Father's filing of a June 2, 2004 Complaint for Custody. The Conference had been
scheduled to occur on August 11, 2004 and September 27, 2004. However, those
Conferences did not occur because Father was unable 1:o effect proper service on the
Defendant/Mother. Subsequently, Father filed a Petition and received leave of court to have
service upon the Defendant by publication. Publication occurred in the Harrisburg Patriot
News on November 4, 2004 and in the Cumberland Law Journal on November 12, 2004.
Because of the delays associated with effecting service and scheduling the Conference,
Father found it necessary to file a Petition for Special Relief in order to enroll the child in
school who had been in his care, custody and control since the end of the 2003/2004 school
year, on or about June 8, 2004. Attending the Conference were: the Father, Brian
Hannaway, and his counsel, Riley and Fanelli, P.C. The Mother, Kelly Reppert, did not
attend.
3. Father's position on custody is as follows: Father reports that the child has
been with him since June 8, 2004. Since that time, the child's only contact with the
Defendant Mother has been via telephone. He reports that Mother most recently has
indicated that she resides in Lemoyne. However, she declined to reveal her address to him.
Father seeks to confirm the status quo in an Order granting him legal custody and primary
physical custody of the child.
NO. 04-3099 CIVIL TERM
4. Mother's position on custody is as follows: Unknown as Father has been
unable to serve her with notice of the Custody Conciliation ,other than by publication and she
did not attend the Conference.
form of Order as attached.
L)a[e / '- ,/
The Conciliator's recommended Order based on the Petition of Father is in the
Custody Conciliator
:241426