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HomeMy WebLinkAbout01-1861ALAN E. KENNEDY, · IN THE COURT OF COMMON PLEAS Plaintiff · CUMBE~ COUNTY, PENNSYLVANIA · vs. - o · BIS~ ~. KENI~DY, - CIVIB ~C"TION-I.~ Defendant - I~ ~JSTOD¥ COMPLAINT IN CUSTODY AND NOW comes ALAN E. KENNEDY, by and through his attorney, Judith A. Calkin, Esquire, and avers as follows- 1. The Plaintiff is ALAN E. KENNEDY, an adult individual who resides at 19 Rife Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is LISA A. KENNEDY, an adult individual whose current address is 749 Old Silver Spring, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks partial custody of the following minor child- Kristine Kennedy, born August 4, 1996 4. The child was not born out of wedlock. The child currently resides with defendant at 749 Old Silver Spring, Mechanicsburg, Cumberland County, Pennsylvania. 5. During the lifetime of the child she has resided at the following addresses with the following persons- Birth to 3/3/01 19 Rife Drive P 1 a iht i f f , Mechanicsburg, PA defendant & half-sister 3/3/01 to present 749 Old Silver Spring Defendant & Mechanicsburg, PA half-sister 6. The mother of the child is Defendant. She currently 7. The father of the child is Plaintiff. He currently resides alone. 8. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concernin~ the custody of the child in this or any other court. 9. The Plaintiff has no information of a custody proceedin~ concernin~ the child pendin~ in a Court of this Commonwealth. 10. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child, or claims to have custody or visitation rights with respect to the child. 11. 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. There are no other persons known to have or claim a right to custody or visitation of the child and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 12. The best interest and permanent welfare of the child will be served by granting Plaintiff partial physical custody of the minor child. WHEREFORE, Plaintiff requests the Court to grant him partial physical custody of the minor child. Respectfully submitted-  ~dith A. ~Alki~, Esquire ttorney for Plaintiff 2201 North Second Street Harrisburg, PA 17110 (717) 238-2312 Commonwealth of Pennsylvania- · County of Dauphin - I, Alan E. Kennedy, verifies that the within Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relatin~ to unsworn falsification to authorities. Date- ~~//.~ 'ATari E. Kennedy ~ Sworn and Subscribed before me this ~day , N~ t-a ry Public ELLEN ROSENBLOOM, Notary Public . City of Harrisburg, Dauphin County My o, gm_m!_$?_i~.~_. Ex?~s Ua.v__~_20.O. 3,.. CERTIFICATE OF SERVICE I, Judith A. Calkin, Esquire, do hereby certify that a true and correct copy of the Custody Complaint was served by U.S. postal delivery, from Harrisburg, PA. postage-prepaid, delivery to the following person- Diane Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Dated- ~th A ~~ in, Esq] ALAN E. KENNEDY : 1N THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : LISA A. KENNEDY · 01-1861 CIVIL ACTION LAW DEFENDANT : IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 05, 2001 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. _, the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 02. _ ,2001 at 9:00 a.m. 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 de£me and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ~ 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 heating 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (71. 7) 249-3166 ALAN E. KENNEDY, : IN THE OOURT OF COMM~ PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-1861 CIVIL TERM : LISA A. KENNEDY, : CIVIL ACTION- LAW Defendant : IN CUSTODY AND NU~, this ~t]~ dayof ~ ?ti~n , 2001, upon Concilia Report, it is ordered consideration of the attached Custody and directed as follows: 1. The Father, Alan E. Kennedy, and the Mother, Lisa A. Kennedy, shall have shared legal custody of Kristine Kennedy, born August 4, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child' s general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends, beginning May 5, 2001, from Saturday at 6:00 p.m. through Sunday at 6:00 p.m. In addition, the Father shall have custody every Tuesday and Thursday from after work, when the Father shall pick up the Child at day care through 8:00 p.m. 4. The parties shall alternate having custody of the Child on holidays in accordance with the following schedule: A. (~: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 9:00 a.m. through Christmas Day at 2:00 p.m., and Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at 6:00 p.m. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. ALliterATING ~OLIDAYS: The Father shall have custody of the Child in odd numbered years on Easter, Independence Day and Thanksgiving, and in even numbered years, on Memorial Day and Labor Day. The Mother shall have custody of the Child in odd numbered years on Memorial Day and Labor Day, and in even numbered years on Easter, Independence Day and Thanksgiving. The periods of custody under this provision shall run from 6:00 p.m. on the evening before the holiday through the holiday at 8:00 p.m. C. ~'S DAY/FA~'S DAY: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody of the Child on Father's Day from the Saturday before the holiday at 6:00 p.m. through the holiday at 8:00 p.m. Notwithstanding the foregoing, the Father' s period of custody on Father's Day in 2001 shall begin on Sunday at 12:00 noon. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to b~ve custody of the Child during the summer school break each year for one week upon providing at least 15 days advance notice to the other party. The party who provides notice first under this provision shall be entitled to preference on his or her selection of vacation dates. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties haviing contact with the Child comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties my modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Judith A. Calkin, Esquire - Counsel for Father Diane G. Radcliff, Esquire- Counsel for Mother ALAN E. KENNEDYs : IN THE OOURT OF O2~ON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-1861 CIVIL TERM LISA A. KENNEDY, : : CIVIL ACTION- LAW Defendant : IN CUSTODY 1915.3-8, the undersigned - ~. RIFLE OF CIFIL p~ ~ unc~ator suDmits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: Kristine Kennedy August 4, 1996 Mother 2. A Conciliation Conference was held on May 2, 2001, with the following individuals in attendance: The Father, Alan E. Kennedy, with his counsel, Judith A. Calkin, Esquire, and the Mother, Lisa A. Kennedy, with her counsel, Diane G. Radcliff, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Custody Conciliator