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HomeMy WebLinkAbout05-2090LINDA E. KILLIAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV Plaintiff Vs. CIVIL ACTION - DIVORCE NO. CC-269D CIVIL TERM KEITH L. KILLIAN IN DIVORCE Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against th forth in the following pages, you must take prompt action. You are warned that do so, the case may proceed without you and a decree of divorce or annulm entered against you by the Court. A judgment may also be entered against you fl claim or relief requested in these papers by the Plaintiff. You may lose money or other rights important to you, including custody or visitation of your children. claims set you fail to nt may be any other )rooertv or When the ground for the divorce is indignities or irretrievable breakd wn of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, P nnsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANN LMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. I 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 H LP. CUMBERLAND COUNTY BAR ASSOCIATION 32 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LIN Attorneys for Plaintiff By: Lindsay, 26 West High Street Carlisle, PA 17013 (717) 243-6222 LINDA E. KILLIAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - DIVORCE NO. CIVIL TERM KEITH L. KILLIAN IN DIVORCE Defendant COMPLAINT Linda E. Killian, Plaintiff, by and through her attorneys, SAIDIS, SHUFF, f?LOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Linda E. Killian, who currently resides 203 Whitrher Road, SAIDIS SHUFF, FLOWER R LINDSAY 26 W. High Street Carlisle, PA Shippensburg, Cumberland County, Pennsylvania 17257, where she has res ded since 2002. 2. The Defendant is Keith L. Killian, who currently resides at 203 Whit er Road, Shippensburg, Cumberland County, Pennsylvania 17257, where he has res ed since 2002. 3. The Plaintiff and Defendant both have been bona fide reside is in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 27, 1996, at Pennsylvania. 5. That there have been no prior actions of divorce or for ann the parties in this or in any other jurisdiction. between 6. The Plaintiff avers that she is entitled to a divorce on the marriage is irretrievably broken and Plaintiff is proceeding under Sections and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling right to request that the Court require the parties to participate in marriage and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of SAIDIS, SHUFF, FLOWER & Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•AT•LAW 26 W. High Street Carlisle, PA By: Date: Carol 1. L s y, Esquire ID # 44.9 26 West High Street Carlisle, PA 17013 (717) 243-6222 that the 3301 (c) of the , P.C. t VERIFICATION I, the undersigned, hereby verify that the statements made herein correct. I understand that false statements herein are made subject to the 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Q Cr Ub4Q Linda E. Killian, Plaintiff Date: ?4? SAIDIS SHUF$ FLOWER & LINDSAY true and of 26 W. High Street Carlisle, PA TT ), ? _hh W O O l?? i ro <-'? :_> ?+? f`.' ?n ,r v? i? ?tl .? ?(1 ,r iT` f'?i ti LINDA E. KILLIAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - DIVORCE NO. 05-2090 CIVIL TERM KEITH L. KILLIAN Defendant IN DIVORCE NOTICE ACCEPTANCE OF SERVICE I, Taylor Andrews, Esquire accept service of the Complaint in Divorce in the above captioned matter on behalf of the Defendant, Keith L. Killian, and am authorized to do so. Date T,aylo Andrews, Esquire 8 Pomfret Street Carlisle, PA 17013 MAY 10 2009 -77 -r r? LINDA E. KILLIAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. :CIVIL ACTION - DIVORCE :NO. 05-2090 CIVIL TERM KEITH L. KILLIAN :IN CUSTODY Defendant : PETITION IN CUSTODY SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT- AW 26 W. High Street Carlisle, PA 1. The Plaintiff is Linda E. Killian, residing at an undisclosed location. 2. The Defendant is Keith L. Killian, residing at 203 Whitmer Road, Shippensburg, Pennsylvania 17257. 3. The Plaintiff seeks custody of the following child, Sierra E. Killian, born January 4, 1999. 4. The child was not born out of wedlock. 5. The child is presently in the custody of their Mother who resides at an undisclosed location. During the past five years, the child has resided with the following persons and at the following addresses: Name Linda E Killian Linda E Killian Linda E. and Keith L. I 33 CCherry Killian and Keith L. 203 Whitmer Shi pensburp, PA 0 Birth to June 2002 to June The father of the child is Keith L. Killian, currently residing at 203 Whitmer Road, Shippensburg, Pennsylvania 17257 He is married. LINDA E. KILLIAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -- DIVORCE NO. 052090 CIVIL TERM KEITH L. KILLIAN, Defendant : IN CUSTODY PETITION TO INTERVENE 1. Petitioners are Garet Duane Stum and Doris D. Stum, who reside at 45 Cherry Grove Road, Shippensburg, Cumberland County, Pennsylvania. 2. Respondents are: a. Natural mother, Linda E. Killian, who resides are 320 East Boyd Street, Apartment 2, Shippensburg, Cumberland County, Pennsylvania. b. Natural father, Keith L. Killian, who resides at 203 Witmer Road, Shippensburg, Cumberland County, Pennsylvania. 3. The Petitioners are the paternal grandparents of Sierra E. Killian DOB January 4, 1999. 4. Although the natural parents have entered into the attached agreement entered as an Order of Court on June 20, 2005, the grandparents here fear that because the mother will not agree and previously uniteraterally removed the child, following the vacation time set forth in the attached order that they will no longer be able to continue to have Siena with them each Monday and Tuesday as they have for the past six yearsyr-They recognize that when Sierra starts school this fall they will not be able to have her during school hours, but wish to continue to have her from after school until 8:00 p.m. each Monday and Tuesday. 5. Petitioners believe a custody conciliation conference is set for July 14, 2005 at 10:30 a.m. before Jacqueline M. Verney, Esquire, Custody Conciliator, For the past six years they have cared for Sierra in their home every Monday and Tuesday, and the natural mother refuses to continue this. 6. The best interest of the child will be served by the Court in allowing Petitioners to intervene. WHEREFORE, Petitioners request that this Court allow Petitioners to intervene in the custody action. Date: ' l a cc: Jacqueline M. Verney, Esquire Taylor P. Andrews, Esquire Carol J. Lindsay, Esquire Ruby D. W eks, Esquire, Attorney for Petitioner _ 6 Garet Duane Stum, Petitioner Doris D. Stum, Petitioner rn I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, Cons. Stat. Ann Section 4404 relating to unsworn falsification to authorities. Date GaiWt Duane Stum, Petitioner I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, Cons. Stat. Ann Section 4904 relating to unsworn falsification to authorities. Date O.S' Doris D. Stum, Petitioner LINDA E. KILLIAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. :CIVIL ACTION - DIVORCE :NO. 06.2000 CIVIL TERM KEITH L. KILLIAN :IN CUSTODY Defendant RECEIVE[) JUN I I ? QWM OF COURT j NOW, this day of,lSe 2005, upon consideration of the within Stipulation of the Parties, the terms of the Stipulation are hereby made an Order of Court, By the Court, J. V CSCEIVED JUN I I ?fM% LINDA E. KILLIAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNM'9AN'rA Plaintiff VS. :CIVIL ACTION • DIVORCE ,NO. 06.1090 CIVIL TERM KEITH L. KILLIAN :IN CUSTODY Defendant -- 'i r? w ITIPUL.ATION OF THE PARTIES The parties hereto stipulate as follows: 1. They are the parents of Sierra Killian bom January 4, 1999. 2. Linda E. Killian, hereinafter Mother, has flied a Petition for Custody and Keith L. Killian, hereinafter Father, has filed a Petition for Special Relief. 3. The parties desire to enter Into a temporary order, pending a conciliation conference according to the following terms: a. The parties will share legal custody of Sierra, b. Mother will have primary physical custody of Sierra and Father will have partial custody on alternating weekends from Friday at 3:00 p.m. when he will pick Sierra up at her usual babysitter until 7.00 p.m. on Sunday when he will drop her off at the usual babysitter. The alternating weekend schedule shall commence on June 17, 2005 with custody in Father. Additionally, Father shall have custody of Sierra every Tuesday and every Thursday from after work until 7:00 p.m. with the pickup and return place to be the home of Sierra's babysitter. Pending conciliation, Father will exercise his weekend periods of partial custody at the home of Sierra's paternal grandparents. c. Father and his parents may take: Sierra on vacation which will commence on July 1 after work and continue through that weekend and the following week until Sunday, July 10, 2005 at 7:00 p.m. when Father will return Sierra to the home of the child's babysitter. Because Father will be exercising custody of Sierra over two weekends, the following two weekends, those beginning July 15 and July 22 shall be Mother's weekends of custody. Thereafter, on July 29, the alternating pattern of weekends shall recommence with Father exercising custody for the week of July 29. 4. The parties agree to submit themselves for a custody evaluation with Dr. Arnold Shienvold and to equally share the cost of the evaluation. 5. Father withdraws, and by his Prascipe will withdraw, his Petition for Special Relief. 8. The parties will cooperate to reschedule the conciliation conference, now set for July 5, 2006, to accommodate Father's vacation plans. 7. The parties Intend that the terms of this agreement be made an order of court, ? A. i'rr[ 2 C-? Linda E. Killian, Plaintiff ???._ Kalth L.. Kil an, Defendant Witnesses; o n a ?, -„ c ?.,, -v? G ??r -,? ? ` m ?' c? ? s r ,3 c; Z?^ Gr - ? ? `.= ? ? ? ? The mother of the child is Linda Killian, currently residing at an undisclosed address. SAIDIS SHUFF, FLOWER & LINDSAY ATTpRNEYS•AT•LAW 26 W. High Street Carlisle, PA She is married. currently resides with the following person(s): No other person except for the child. 6. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff 7. The relationship of the Defendant to the child is that of Father. The Defendant currently resides with the following person(s): No other person 8. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the children in this or another jurisdiction. 9. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of the 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. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff can best provide for the child's physical, emotional, spiritual and intellectual welfare. b) Defendant has behaved in ways which terrorize the child who is fearful of being in his company. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of the child to the Plaintiff. Saidis, Shuff, Flower & Lindsay Attorneys for the Plaintiff j By: Carol J. in ay ID #446 3 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS ;HUFF, FLOWER & LINDSAY AMRNENE 2G W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. C2!/YKZQ QM Linda E. Killian, Plaintiff Date: ? ?O SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEVS•AT•LAW 16 W. High Street CarhSie, PA C7 o p ut rn ? 1. RAT pFri w u 'V ? `ern cn n LINDA E. KILLIAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE CUSTODYNISITATION KEITH L. KILLIAN Defendant :NC. 05-2090 CIVIL TERM DEFENDANT'S PETITION FOR SPECIAL RELIEF 1. The Petitioner is Keith L. Killian, an adult individual residing at 203 Whitmer Rd., Shippensburg, Cumberland County, PA, 17257. 2. The Respondent is Linda E. Killian, an adult individual now residing at 320 E. Burd St., #2, Shippensburg, Cumberland County, PA 17257, where she moved on June 9, 2005. 3. Petitioner seeks an order of special relief awarding him temporary custody of his daughter, Sierra E. Killian, pending a conciliation conference. 4. Petitioner is Defendant in a Divorce Action filed on April 22, 2005 to this same number on the docket. 5. On June 9, 2005 Respondent - Mother filed a Petition for custody at this docket number. A copy of this Petition for Custody is attached hereto as Exhibit 1. 6. The custody conciliation with Jacqueline Verney, Esq. as conciliator is scheduled for July 5, 2005. Respondent is represented by Carol J. Lindsay, Esq. 7. Respondent - Mother's unilateral action of making an unannounced move from the only home that Sierra E. Killian has known since age 3 has substantially altered the status quo of the parties with regard to custody of Sierra E. Killian. Since removing Sierra E. Killian from the marital home, Respondent- Mother has refused to allow Petitioner - Father, or his parents to have contact with Siena E. Killian, and Respondent - Mother has threatened that Petitioner - Father will never see Sierra again if he doesn't agree to her terms of custody. 9. Petitioner - Father, Keith L Killian, has been the primary care provider for Sierra E. Killian as indicated on schedule of his activities with Sierra since March 26, 2005 attached hereto as Exhibit 2. 10. Respondent - Mother's removal of Sierra E. Killian from the only home that she has known since for the past 3 years and from her primary caretaker has unnecessarily inserted Sierra E. Killian into the center of the marital discord between Petitioner and Respondent. 11. At this time of Respondent's domestic unhappiness, Sierra Killian would benefit from the stability that is provided by Petitioner - Father in the home that she has known. 12. It is in the best interest of Sierra E. Killian for this Court to order that she be returned to her home at 203 Whitmer Rd., Shippensburg, PA 17257 in the primary physical custody of Petitioner pending the conciliation conference in this case subject to such partial custody by Respondent as may be mutually agreed by Petitioner and Respondent or as shall be established by subsequent order of this Court. WHEREFORE, Petitioner requests the Court to grant shared legal custody of Sierra E. Killian to Petitioner and Respondent and pending the custody conciliation in this case, to award primary physical custody of Sierra E. Killian to Petitioner - Father subject to scheduled partial custody by Respondent - Mother. Respectfully submitted, ANDREWS & JOHNSON By: Tay r P: Andrews, Esq. Attorney for Petitioner 78 West Pomfret Street Carlisle, PA 17013 Telephone: (717) 243-0123 Supreme Court ID No. 15641 LINDA E. KILLIAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - DIVORCE NO. 05-2090 CIVIL TERM KEITH L. KILLIAN IN CUSTODY Defendant ORDER OF COURT AND now, this day of 2005, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of 2005, at o'clock _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 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. For the Court, By Custody Conciliator 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. Office of the Court Administrator Courthouse, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 SAIDIS SHUFF, FLOWER & LINDSAY ATT RNEYS•AT-UW 26 W. High Street Carlisle, PA The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans with Disabilities 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. By the Court, 1 Date: LINDA E. KILLIAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . SAIDIS SHUFF, FLOWER & LINDSAY ArrowuevS•AT-LAW 26 W, High Street Carlisle, PA VS. :CIVIL ACTION - DIVORCE :NO. 05-2090 CIVIL TERM KEITH L. KILLIAN :IN CUSTODY Defendant : PETITION IN CUSTODY 1. The Plaintiff is Linda E. Killian, residing at an undisclosed location. 2. The Defendant is Keith L. Killian, residing at 203 Whitmer Road, Shippensburg, Pennsylvania 17257. 3. The Plaintiff seeks custody of the following child, Sierra E. Killian, born January 4, 1999. 4. The child was not born out of wedlock. 5. The child is presently in the custody of their Mother who resides at an undisclosed location. During the past five years, the child has resided with the following persons and at the following addresses: Name Address From/To Linda E. Killian and Keith L. Killian 136 Cherry Grove Road Shi ensbur , PA Birth to June 2002 Linda E. Killian and Keith L. Killian 203 Whitmer Road, Shi ensbur , PA June 2002 to June 9, 2005 Linda E. Killian Undisclosed June 9, 2005 to resent The father of the child is Keith L. Killian, currently residing at 203 Whitmer Road, Shippensburg, Pennsylvania 17257 He is married. The mother of the child is Linda Killian, currently residing at an undisclosed SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA address. She is married. 6. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following person(s): No other person, except for the child. 7. The relationship of the Defendant to the child is that of Father. The Defendant currently resides with the following person(s): No other person. 8. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the children in this or another jurisdiction. g. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of the 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. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff can best provide for the child's physical, emotional, spiritual and intellectual welfare. b) Defendant has behaved in ways which terrorize the child who is fearful of being in his company. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff requests this Court to grant primary physical custody of the child to the Plaintiff. Saidis, Shuff, Flower & Lindsay Attorneys for the Plaintiff By: Carol j' n ay I D #4463 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY A77ORNEYS•AT-IAW ZG W. 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Yrto?hEr S.. aJ A rs ,140 047 -?ill e?Ile , ?n i ki`hdA la S;?rr?c r¢vt.i1 , $i/1 2.00 -- 1fLc: '_ 1 ? ^ zz? k)-. t ___ 11TYLd t r3r? wa}?__?) c ric 4,,cte f'm JZ'oo noon ,?ra.4? ,j1fF"r .a -rLo yh?-rrlv??ErS ?s ?irff .*.i-f; /1idJ !f.?!??c?oa r. p 5='r,-_ Cell RliC h__:• Won i Al 6f? --_-?'+1??1?rri4 St!??Er??iS??;1Ed fr- ?! w.^rirP•.------- -- ---------- - Dam Sir,-.-r4- /??.•,c ???? wc_ ar? e?a,?es.----------?/Z-hr?? --------- -- - - - - -------- ----- TG£( .r ?hr ? Y` .inr 4u OvE'Y' -------_JLL''.. iced _ _ ?LCYI °L :.L 1:;?:-. S;C?r ,=.n v(-?- ???.-ssi''t.?cr-s? Y•'?trt?. ?_ PY SW, 0i i t 9 4 ) ? uYff VFW 6"',? _.. /? i. 7: L1??.?l?di7 ?^eQ )'??i ?".. _ 1v1Ci'YA kr'1?...i ry'VGC ke,,? C`? rl ScC KvO iV+V iCi-r• ?IUrS ?her__ 'e??cf p C (tau ,?d rj/i rixr7?- -.___ [r=2G3....^rG+'`i _--N1y COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. DATE: 1,47W ?? KEIL. KILLIAN, Petitioner LINDA E. KILLIAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE CUSTODYNISITATION KEITH L. KILLIAN Defendant :NO. 05-2090 CIVIL TERM CERTIFICATE OF SERVICE ?q?,c Je!8'c a copy of Defendant's Petition I hereby certify that on this date, June L3 , 2005,1 for Special Relief to the following person at the following address by U.S. Mail, regular mail, postage prepaid, delivered to addressee only: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 I verify that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. ANDREWS & JOHNSON By: 1'ay or P' Andrews, Esq. onmeys for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 (" ? h) C• c? tl_? Y' ',{Y -D Ft; QY C O 1 W S LINDA E. KILLIAN PLAINTIFF V. KEITH L. KILLIAN DEFENDANT AND NOW, . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 05-2090 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT Thursday, June 09, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 30, 2005 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ac ueline M. Verne 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 7 a o tjj 0 i ?mf goon ]HI ?o LINDA E. KILLIAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. :CIVIL ACTION - DIVORCE :NO. 05-2090 CIVIL TERM KEITH L. KILLIAN Defendant :IN CUSTODY ANSWER TO DEFENDANT'S PETITION FOR SPECIAL RELIEF NOW COMES Linda E. Killian, Plaintiff above, by and through her counsel SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. PA Saidis, Shuff, Flower & Lindsay and answers the Defendant's Petition for Special Relief as follows: 1. Admitted. 2. Admitted. 3. No answer required. 4. Admitted. 5. Admitted. 6. Admitted 7. Admitted in part and denied in part. Admitted that Respondent moved from the marital home taking the child with her. By way of further answer Respondent had advised Petitioner that she was moving from the marital home, had prepared with Petitioner a list of items of personal property which each were to retain and had sought, unsuccessfully, Respondent's participation in a custody evaluation. By the way of still further answer, Respondent's removal from the marital home at a time not previously announced to the Petitioner is justified by the actions of the Petitioner as more fully set out in the Protection from Abuse petition to be filed with this court on or about the same day as this answer, a copy of which is attached hereto as Exhibit "A". SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 8. Denied. By way of further answer, Respondent provided attorney for Petitioner with a copy of a custody complaint filed on the same day as Respondent moved from the marital home, accompanied by a letter attached hereto as Exhibit "B", offering to permit Petitioner to have contact with Sierra. By way of further answer, in late March 2005, when Respondent first advised Petitioner that she wanted to divorce, he took the child Sierra to his mother's house and withheld her from the Respondent for 3 days. As a result, Respondent was justified in her belief that a failure to provide the child to Petitioner without a court order would result in his retaining the child. Denied that Respondent ever threatened Petitioner that if he didn't agree to her terms of custody he would never see the child again. 9. Denied. Petitioner has never been the primary care provider for Sierra Killian. By way of further answer, from the date of Sierra's birth up until the present Respondent has been primary caregiver of the child in the following particulars: provided her to nearly all of her doctors appointments, provided all care for the child including baths, night-time rituals, and social contacts such as library time, dance class, girl scouts, school, and, most notably, provided the child a therapist, against Petitioner's wishes, but with his participation when Petitioner's behavior caused the child to fear him. 10. Denied. On the contrary, Respondent's removal of Sierra from the marital home has moved Sierra from the threatening behavior of the Petitioner and provided a safe haven for the child. 11. Denied. On the contrary, at the present time, Sierra's best interest is served by remaining with the primary caregiver of the child and enjoying the stability and quiet which results from Respondent's care. 12. Denied. By way of further answer it is in Sierra's best interest to remain with Respondent until such time as a conciliation conference and the return of the child's therapist, Georgie Anderson, who is on vacation until June 27, 2005. It is further in Sierra's interest to have the disputes between her parents submitted to Arnold Shienvold of Reigler, Shienvold and Associates for a thorough custody evaluation and, after such an evaluation, the presentation to the court a report to guide the court in this matter. NEW MATTER SAIDIS SHUFF, FLOWER & LINDSAY ATPOENEYS-AT•LAW 26 W. High Street Carlisle. PA 13. On January 3, 1994 this Honorable Court entered a Protective Order under the Protection from Abuse Act. A copy of the December 23, 1993 Temporary Protective Order, the Petition for Protection from Abuse, and the final order are attached hereto as Exhibit "C". 14. Although the prior protective order is eleven years old, the behavior of Petitioner in the instant case is consistent with his previous behavior of blocking Respondent's exit and the child's exit as set out on Exhibit "A". 15. From Sierra's birth on January 4, 1999 until March 2005, Respondent has been the primary caregiver as set, out briefly, in paragraph 9 above. 16. In late March of 2005, Respondent advised Petitioner that she wished a divorce. 17. Since late March 2005 until the parties physical separation on June 9, 2005, Petitioner has behaved in an aggressive and harassing manner, removing the child from the marital home for a period of three days as he admitted set out on Exhibit 2 to the Petition for Special Relief. Petitioner has made it a point, contrary to all his previous behavior, to keep the child with him at every available time. Plaintiff's Exhibit 2 avers times Petitioner spent with the child but fails to note that the Respondent- was there at the same time, in almost all instances. Additionally, Petitioner's Exhibit 2, in the statements which are too tedious to detail here, reflect involvement with the child in the last 3 months which were entirely absent from the first 5 years of the child's life. Further, for the last 3 months, the Petitioner has acted contrary to the child's interest by screaming, yelling and threatening Respondent in front of the child for hours daily, despite the Respondent's repeated requests to refrain from such behavior because it alarmed and frightened the child, Additionally, it was Respondent who insisted that the child, in this stressful time, would benefit from a therapist, Georgie Anderson, in front of whom Petitioner has heard the child express fear of her father. It has been Ms. Anderson's advice to Sierra that she speak up when she is afraid, and the child has begun to do that in front of Petitioner causing Petitioner to retaliate by telling the child what to say and by forcefully holding the child in her room. WHEREFORE, Respondent prays this Honorable Court to dismiss the Petition for Emergency Relief and to send the matter to conciliation. Saidis, Shuff, Flower & Lindsay Attorneys for the Respondent SAIDIS SHUFF, FLOWER & LINDSAY By: Carol J. 17mds y ID #446 3 26 West High Street Carlisle, PA 17013 (717) 243-6222 26 W. High Street Carlisle, PA LINDA E. KILLIAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. :CIVIL ACTION - DIVORCE :NO. 05-2090 CIVIL TERM KEITH L. KILLIAN Defendant :IN CUSTODY CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SNUFF, FLOWER & LINDSAY, Attorneys hereby certify that on this / day of June, 2005, served the within Answer to Defendant's Petition for Special Relief this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Taylor Andrews, Esquire 78 W. Pomfret Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Respondent By:? ID 446 3 26 st High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATiORNEVS•AT•LAW 26 W. High Street Carlisle, PA t VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Outo k5 200' ?L-dA if Date Linda E. Killian SAIDIS SHUFF, FLOWER & LINDSAY ArrORNEYS-AT•LAW 26 W. High Street Carlisle. PA x?,:ti,? ? FILE No.225 06/15 '05 14:17 ID:MPLS CARLISLE OFFICE FAX:7172438026 Linda E. Killian, and minor child, Sierra Killian, Plaintiffs V Keith L. Killian Defendant IN THE COURT OF COMMON PLEAS OF PAGE 2 CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- CIVIL TERM PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SURD IN COURT. If you wish to defend against the claims set forth in the following papers, you nntst appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL. Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled on the day of___ 2005, at - _ _.m., un Courtroom No. -- nn the 0' Floor of the Cumberland County Courthouse, I Courthouse Squarc, Carlisle, Pennsylvania You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000 00 and/or up to six months in jail under 23 Pa.C.S- §6114. Violation may also subject you to prosecution and criminal penalties under, the Pennsylvania Crimes Code. Under federal law, 18 U S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. if you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. 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 cull get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COLTNTY BAR ASSOCIATION 32 South Bedford Sirect, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABIIXMES AC_T OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 ]]caring or business before the court. You must attend the scheduled conference or hearing FILE No.225 06/15 '05 14:18 ID:MPLS CARLISLE OFFICE Linda E. Killian, and minor child, Siena Killian, Plaintiffs V, Keith L. Killian, Defendant FOX:7172438026 IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA No. ' CIVIL ACTION - LAW ' PROTECTION FIZOM ABASE PAGE 3 TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Keith L, Killian Defendant's Bate of Birth is: July 25, 1959 Defendant's Social Security Number is: 182-52-8776 Name(s) of All protected persons, including Plaintiff and minor children Unda E. Killian Sierra Elizabeth Killian AND NOW, on 15th Day of June, 2005 upon consideration of the attached Petition for Protection From Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order Is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. 3. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant shall not contact Plainti ff, or any other person protected under this Order, by telephone or by any other means, including through third persons. FILE No.225 06/15 '05 14:18 ID:MPLS CARLISLE OFFICE FAX:7172438026 PAGE 4 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: I . Sierra Elizabeth Killian Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following. • -Plaintiff shall have primary physical custody of parties' minor child. Defendant shall have periods of visitation agreed upon by the parties, at the time and place agreed upon by the parties. -Non-harassing, non-threatening contact between the parties regarding custody and/or visitation shall not be deemed a violation of this order. The local law enforcement agency in the jurisdiction where the chld/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 5. The following additional relief is granted: - Defendant Is prohibited from having any contact with Plaintirrs relatives and Plaintiff's children listed In this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. - Defendant shall not damage, destroy, or dispose of in any manner, any property owned by the parties' or solely by the Plaintiff. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Shippenshurg Borough Police Department East Pennsboro Township Police Department The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Ilearing without prepayment of costs. The Petitioner will inform the designated authority ofany addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 8. THIS ORDER APPLTFS IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL DECEMBER 15, 2006 OR UNTIL FILE No.225 06/15 '05 14:18 ID:MPLS CARLISLE OFFICE FAX:7172438026 PAGE 5 OTHERWISE, MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113, Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall he enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 4 of this Order, defendant shall lie arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY-THE COURT_ Ridge Date DMIPub1llort_ to; Legal Services Faxed & Mailed to PSP FILE No.225 06/15 '05 14:19 ID:PIPLS CARLISLE OFFICE FAX:7172438026 PAGE 6 PFAD Numher; SS2142635D Linda E. Killian, and minor child, Sierra Killian, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA v. No. Keith L. Killian, Defendant CIVIL ACTION - LAW PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE, 1. Plaintiffs name is: i.lnda E. Killian 2. 1, (the Plaintift), am tiling this Petition on behalf of: - myself - and as Parent of minor Plaintiff(s) 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse a. Linda E. Killian b. Sierra Elizabeth Killion 4. Plaintiffs address is confidential 5. Defendant's Name is: Keith L. Killian 6. Defendant is believed to live at the following address: 203 Whitmer Read, Shippensburg, PA 17257 FILE No.225 06/15 '05 14:19 ID:MPLS CARLISLE OFFICE FAX;7172438026 7. Defendant's Social Security Number is: 182-52-8776 8. Defendant's Date of Birth is: July 25, 1959 9. Defendant's Place of employment is: Penn Dot Carlisle PA 170[3 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents of the same children 12. The Plaintiff and the Defendant been involved in the following court actions: a. Divorce b. custody 13. Other details of the court action are: Divorce/Custody - NO. 05-2090 Cumberland County Court of Common Pleas 14. The defendant hots been involved in a criminal court action. 15. The defendant is not currently on probation / parole 16. Plaintiff and Defendant are the parents of the following minor children: a. Sierra Elizabeth Killian Age:6 Child's address is: 320 East Burd Street, Apartment 2 , Shippeusburg, PA 17257 17. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: PAGE 7 a. Sierra Elizabeth Killian For the past 5 years, this child has lived with: FILE No.225 06/15 '05 14:19 ID:MPLS CARLISLE OFFICE FAX:7172438026 PAGF 8 Plaintiff (mother), at 320 East Burd Street Apartment 2 Shippensburg PA 17257, from 6/9/2005 to present. Plaintiff (mother), Defendant (father), at 203 Whitmer Road Shippens burg PA 17257, from 2001 to 06/09/05 Plaintiff (mother), Defendant (father), at 136 Cherry Grove Road Shippensburg PA 17257, from birth to 2001 18. The Facts of the most recent incident of abuse are as follows: On about Tuesday, June 07, 2005 at approximately 6:30AM location: 203 Whitmer Road, Shippensburg, PA 17257 Defendant acted in a physically menacing manner when he continuously screamed at Plaintiff and minor child. As a result of Defendant's previous abuse to Plaintiff (NO. 93- 4063) Plaintiff is intimidated and fears for her safely. Minor Plaintiff recently began therapy because of Defendant's behavior. 19. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: In or around May 2005, Defendant acted in a physically menacing manner when he pulled out a pocket knife in front of Plaintiff and minor child, reminding them of how sharp it was. Plaintiff feared for her safety and the safety of tier minor child. In or around May 2005, Defendant acted in a menacing manner when he prevented Plaintiff from using the phone to call for help. In or around May 2005, Defendant acted In a menacing manner when he blocked the exit of the minor child's room preventing her from exiting and causing minor Plaintiff to fear Defendant. During the course of the parties' sixteen year relationship, the Defendant has engaged in course of conduct that put Plaintiff in fear of bodily Injury and to fear for her life. The Defendant's actions Include, but are not limited to: shoving, choking, hitting Plaintiff in throat with side of hand, pulling hair, calling her vile names and preventing Plaintiff from telephoning or seeking bell). Defendant has Intimated Plaintiff and minor child with screaming, yelling and preventing them from leaving rooms and/or residence. 20. The police department(s) or law enforcement agencies that should he provided with a copy of the protection order are: Shippensburg Borough Police Department East Pennsboro Township Police Department 21. There is an immediate and present danger Of further abuse from the Defendant. 22. FOR THE REASONS SET FORTH ABOVE, I REQUEST TIIAT THE COURT ENTER A FILE No.225 06/15 '05 1420 ID:MPLS CARLISLE OFFICE FAX:7172438026 PAGE 9 TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT W0I1[D DO THE FOLLOWING: a. Restrain Defendant front abusing, threatening, larassing, or stalking Plaintiff and/or minor ehildlren in any place where Plaintiff may be found. b Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren -Plaintiff shall have primary physical custody of parties' minor child. Defendant shall have periods of visitation agreed upon by the parties, at the time and place agreed upon by the parties. -Non-harassing, non-threatening contact between the parties regarding custody and/or visitation shall not be deerned a violation of this order. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally a through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. c. Order the tbllowing additional relief, not listed above: -Defendant shall not damage, destroy, or dispose of in tiny manner, any property owned by the parties' or solely by the Plaintiff. f Grant such other relief as the court deents appropriate. g. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Bearing. The petitioner will inform the designated authority ofany addresses, other than the Defendant's residence, where Defendant can be served FILE No.225 06/15 '05 1420 ID:MPLS CARLISLE OFFICE FAX=7172438026 PAGE 10 Date: Respectfully submitted, MIDPENN LEGAL SE ICES ?. By: Grace Fi D'Alo, Attorney for Plaintiff Geoffrey Biringer, Attorney for Plaintiff Jessica Diamondstone, Attorney for Plaintiff 8 Irvine Itow Carlisle, PA 17013 (717) 243-9400 FILE No.225 06/15 '05 1420 ID:f1PLS CARLISLE OFFICE FAX:7172438026 VERIFICATION PAGL 11 I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C-S.§4704, relating to unswom falsification to authorities. Dated. ? :- ?Li ?L 0`? S? u? rl Linda E. Killian, Plaintiff ti,?,? a ?> x ?--- • LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET sN E. SLIKE CARLISLE, PENNSYLVANIA 17013 ROBERT C. SAIDIS TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 GEOFFREY S. SHUFF EMAIL: attorney@ssfl-law.com JAMES D. FLOWER, )R www.ssfl-law.com CAROL J. LINDSAY BRIAN C. CAFFREY GEORGE F. DOUGLAS, III MATTHEW J. ESHELMANt THOMAS E. FLOWER JACLYN SMITH June 9, 2005 VIA FACSIMILE 243-0061 and US Mail Taylor Andrews, Esquire 78 W. Pomfret Street Carlisle, PA 17013 RE: KILLIAN Dear Taylor: CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 temta ?'rea aea;to,s Rights Rgnesevmtion REPLY TO CARLISLE Linda has separated from Keith and has taken their daughter Sierra. I have filed a Petition for Custody and am asking for the earliest possible conciliation conference. It is not Linda's intention to withhold Sierra but Keith's behavior in the last several weeks has caused Sierra to be fearful of her father. I was unaware when we spoke earlier but there was an earlier Protective Order in this case. Sierra has expressed to her therapist her fear of her father. Nonetheless, Linda is willing to work out a time pending conciliation when Keith may see Sierra. Please call if you want to talk about that. As soon as I have an order I will provide it to you along with an Acceptance of Service. Thank you for your help. Very truly yours, Indsay Saidis, Shuff, PT a C O Carol J. Lindsay CJL:ap enclosure Cc: Linda Killian EXHIBIT C .?' 0,,P f LINDA E. BARNER, Plaintiff VS. KEITH LEE KILLIAN, Defendant IN THE COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. /7Z&&,3 CIVIL 1993 PROTECTION FROM ABUSE TEMPORARY PROTECTIVE ORDER AND NOW, this of 0 day of December, 1993, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, LINDA E. BARNER, now residing at 130 East Garfield Street, Apt. 4, Shippensburg, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, KEITH LEE KILLIAN, the following Temporary Order is entered. The defendant, KEITH LEE KILLIAN, now residing at 115 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, LINDA E. BARNER, or placing her in fear of abuse and is ordered to stay away from the residence located at 130 East Garfield Street, Apt. 4, Shippensburg, Cumberland County, Pennsylvania, a residence which is leased solely by the plaintiff. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. The defendant is ordered to refrain from having any contact with the plaintiff including, but not limited to, restraining the defendant from entering the plaintiff's place of employment, from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on the _(?Cp day of December, 1993, at 3''30 p m, in courtroom No. lc_?, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed in forma pauoeris pending a further order after the hearing. The Cumberland County Sheriff's office shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of Civil Procedure. The Mid-Cumberland Valley Regional and Camp Hill Police Departments will be provided with a copy of this order by attorneys for plaintiff. This Order shall be enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the Order. When that court is unavailable, the defendant shall be taken before the appropriate district justice (23 Pa.C.S.A. Section 6113). By the Court, TRUE COPY FROAA RECORD In Te imeny w6 ?raof, 9 twe urre my hand and his i of mid Court at Ca ? , Pa. Trk a3rc-" day/? of Qac, , 19 /_?}` Proftn=ry LINDA E. BARNER, Plaintiff VS. KEITH LEE KILLIAN, Defendant NOTICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL 1993 PROTECTION FROM ABUSE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 LINDA E. BARNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. CIVIL 1993 KEITH LEE KILLIAN, PROTECTION FROM ABUSE Defendant PETITION FOR PROTECTIVE ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 P.S. SECTION 6101 A. ABUSE 1. The plaintiff is an adult individual whose permanent address is 130 East Garfield Street, Apt. 4, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The defendant is an adult individual residing at 115 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. The defendant is the plaintiff's former intimate partner. 4. Since approximately November 1989, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, and by physical menace has placed the plaintiff in fear of imminent serious bodily injury. This has included but is not limited to the following specific instances of abuse: a. On or about December 5, 1993, when the plaintiff opened the door of her apartment, the defendant, who had been waiting for the plaintiff at the door, forced his way into her apartment. When the defendant refused to leave and the plaintiff went to call the police, the defendant grabbed the phone from the plaintiff's hands, ripped the cord, pushed her onto the bed, threw the phone against the headboard of the bed so forcefully that the phone broke. The plaintiff yelled for her neighbor to call the police. The defendant picked up the plaintiff's dog and threw him against the closet door. The defendant would not let the plaintiff leave the room blocking her exit with his body. The plaintiff ran to the living room to get her keys and the defendant ran in between her and the door, screamed at her and again blocked her exit. The defendant picked the plaintiff up by her jacket, carried her across the room, and threw her onto the couch. The Mid-Cumberland Valley Regional Police arrived and arrested the defendant for simple assault and criminal mischief. The plaintiff was seen at the Chambersburg Hospital and treated for swelling and bruising to her shoulder. b. In or around May 1992, the plaintiff begged the defendant to stop the car and let her out because she feared for her safety since he was driving while intoxicated. When the defendant stopped at a stop sign, the plaintiff opened the door to get out and the defendant stepped on the accelerator causing the plaintiff who was in the process of exiting the car to fear for her safety, forcing her to get back in the car to avoid being thrown to the road, and causing her pain and scratching about her leg. When the plaintiff and defendant arrived home, the defendant threw things around the room, causing the plaintiff to fear for her safety and call the police. C. In or around April 1991, the defendant became angry and pushed the plaintiff backward with enough force to lift her off of her feet and cause her to fly through the air and hit her back against a door. The defendant then grabbed the plaintiff by the throat and held her against the wall raising her off of the floor. The plaintiff was able to escape and contact the police. The plaintiff suffered bruising to her back and redness to her neck. d. In or around February 1991, while the plaintiff and defendant were arguing and the plaintiff was driving, the defendant became angry and hit the plaintiff in the throat with the side of his hand two times. The second time the plaintiff tried to block the defendant's hand from hitting her throat and the defendant bent her finger backward. When the plaintiff attempted to get out of the car, the defendant grabbed her by the hair and pulled a clump of hair from her head. The plaintiff suffered soreness to her finger and throat. e. On several occassions, the defendant blocked the plaintiff's exit with his body. The plaintiff has told the defendant that the relationship is over but the defendant watches her from his apartment and waits for her to come home. 5. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the defendant, and that she is in need of protection from such abuse. 6. The plaintiff desires that the defendant be restrained from entering her place of employment, having any contact with her, harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. B. EXCLUSIVE POSSESSION 7. The home from which the plaintiff is asking the Court to exclude the defendant is rented in the name of LINDA E. BARKER, and the defendant has never resided there. C. LOSSES 8. The plaintiff asks for attorney fees to be paid to Legal Services, Inc., pursuant to the Protection from Abuse Act. D. STATUS TO PROCEED IN FORMA PAUPERIS 9. The defendant is employed at Hoffman Mills and has an annual salary of approximately $19,000. 10. The plaintiff currently is employed at Blue Shield and receives approximately $16,000.00 per year but has numerous expenses. 11. The plaintiff does not have funds available to pay the fees for filing and service. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 P. S. Section 6101 et sec., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff, including, but not limited to, restraining the defendant from entering the plaintiff's place of employment, from harassing or stalking the s plaintiff, and from harassing the plaintiff's relatives. 3. Ordering the defendant to stay away from the residence located at 130 East Garfield Street, Shippensburg, which the parties have never shared. 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year: 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring the defendant to refrain from having any contact with the plaintiff, including, but not limited to, restraining the defendant from entering the plaintiff's place of employment, from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. Ordering the defendant to stay away from the residence located at 130 East Garfield Street, Shippensburg, which the parties have never shared. 4. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 5. Ordering the defendant to pay attorney fees to Legal Services, Inc., purusant to the Protection From Abuse Act. The plaintiff further asks that this Petition be filed and served without payment of costs, pending a further order at the hearing, and that a copy of this Petition and Order be delivered to the Mid-Cumberland Valley Regional and Camp Hill Police Departments as the Police Departments with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. Respectfully submitted, n 1 ban Carey 'Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 The above-named Plaintiff, Linda E. Barner, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: , ?-? `1 5 ?Ln&L C. 6c"ri 2 - Linda E. Barner, Plaintiff LINDA E. BARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA VS. KEITH LEE KILLIAN, Defendant CIVIL ACTION - LAW NO. 4063 CIVIL 1993 PROTECTION FROM ABUSE PROTECTIVE ORDER AND NOW, this 3"OLday of gss6 .or, 1994, upon consideration of the Consent Agreement of the parties, the following order is entered: 1. The defendant, KEITH LEE KILLIAN, is enjoined from physically abusing the plaintiff, LINDA E. BARNER, or from placing her in fear of abuse. 2. The defendant, KEITH LEE KILLIAN, is enjoined from having any contact with the plaintiff, including but not limited to, restraining the defendant from entering the plaintiff's place of employment, from harassing or stalking the plaintiff, and from harassing the plaintiff's relatives. 3. The defendant, KEITH LEE KILLIAN, is ordered to stay away from the residence located at 130 East Garfield Street, Shippensburg, and any other residence the plaintiff may establish for herself in the future. The defendant shall seek modification (change) of this order before living with the plaintiff in a domicile she may establish for herself in the future, wherever it may be. The defendant is hereby notified that if he resides in the plaintiff's domicile contrary to this Order, he may be in indirect criminal contempt which is punishable by a fine not to exceed $1,000 and/or by a sentence of up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the defendant shall not nullify the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. 4. The defendant is ordered to pay attorney fees to Legal Services, Inc., in the amount of $130.00 within thirty days of the entry of this Order. 5. This order shall remain in effect for a period of one year. 6. The Mid-Cumberland Valley Regional and Camp Hill Police Departments will be provided with a copy of this Order by attorneys for plaintiff and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall taken without unnecessary delay before the Court that issued the Order. When that Court is unavailable, the defendant shall taken before the appropriate district justice (23 PS Section 6113). By the Court Edgar B. Bayley, JY ?-- f LINDA E. BARNER, Plaintiff VS. KEITH LEE KILLIAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 4063 CIVIL 1993 PROTECTION FROM ABUSE CONSENT AGREEMENT This Agreement is entered on this _ day of December, 1993, by the Plaintiff, LINDA E. BARNER, and the defendant, KEITH LEE KILLIAN. The plaintiff is represented by Joan Carey, of Legal Services, Inc.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant, KEITH LEE KILLIAN, agrees to refrain from abusing the plaintiff, LINDA E. BARNER, or from placing her in fear of abuse. 2. The defendant agrees not to have any contact with the plaintiff, including but not limited to, entering the plaintiff's place of employment. 3. The defendant agrees not to harass or stalk the plaintiff or harass the plaintiff's relatives. 4. The defendant agrees to stay away from the residence located at 130 East Garfield Street, Shippensburg, Pennsylvania. 5. The defendant agrees to stay away from any residence the Plaintiff may establish for herself in the future. 6. The defendant agrees to pay attorney fees to Legal Services, Inc., in the amount of $130.00 within thirty days of r the entry of this Order. 7. The defendant, although entering into this Agreement, does not admit the allegations made in this Petition. 8. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 9. The defendant understands that this order will be enforceable in the same manner as the Court's prior Temporary Protective Order entered in this case. WHEREFORE, the parties request that an Order of Court be entered to reflect the above terms. vn? a; ? ICJ Linda E. Bar/ner, Plaintiff JYoan Carey Attorney for Plain ff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Keith Lee Killian, Defendant G? R? C? c_ ?'? ?? Ui ,`; ,r., t?? 7 {vim 3• 4,J ? ?? u? LINDA E. KILLIAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. :CIVIL ACTION - DIVORCE :NO. 05-2090 CIVIL TERM KEITH L. KILLIAN Defendant .IN CUSTODY STIPULATION OF THE PARTIES The parties hereto stipulate as follows: 1. They are the parents of Sierra Killian born January 4, 1999. 2. Linda E. Killian, hereinafter Mother, has filed a Petition for Custody and Keith L. Killian, hereinafter Father, has filed a Petition for Special Relief. 3. The parties desire to enter into a temporary order, pending a conciliation conference according to the following terms: a. The parties will share legal custody of Sierra. b. Mother will have primary physical custody of Sierra and Father will have partial custody on alternating weekends from Friday at 3:00 p.m. when he will pick Sierra up at her usual babysitter until 7:00 p.m. on Sunday when he will drop her off at the usual babysitter. The alternating weekend schedule shall commence on June 17, 2005 with custody in Father. Additionally, Father shall have custody of Sierra every Tuesday and every Thursday from after work until 7:00 p.m. with the pickup and return place to be the home of Sierra's babysitter. Pending conciliation, Father will exercise his weekend periods of partial custody at the home of Sierra's paternal grandparents. c. Father and his parents may take Sierra on vacation which will commence on July 1 after work and continue through that weekend and the following week until Sunday, July 10, 2005 at 7:00 p.m. when Father will return Sierra to the home of the child's babysitter. Because Father will be exercising custody of Sierra over two weekends, the following two weekends, those beginning July 15 and July 22 shall be Mother's weekends of custody. Thereafter, on July 29, the alternating pattern of weekends shall recommence with Father exercising custody for the week of July 29. 4. The parties agree to submit themselves for a custody evaluation with Dr. Arnold Shienvold and to equally share the cost of the evaluation. 5. Father withdraws, and by his Praecipe will withdraw, his Petition for Special Relief. 6. The parties will cooperate to reschedule the conciliation conference, now set for July 5, 2005, to accommodate Father's vacation plans. 7. The parties intend that the terms of this agreement be made an order of court. r`' -da, (' K Q Q?c, Linda E. Killian, Plaintiff Keith L. Killiah, be-fendant Witnesses: c" u?y v LINDA E. KILLIAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. :CIVIL ACTION - DIVORCE :NO. 05-2090 CIVIL TERM KEITH L. KILLIAN :IN CUSTODY Defendant STIPULATION OF THE PARTIES 1 2. 3. The parties hereto stipulate as follows: They are the parents of Sierra Killian bom January 4, 1999. Linda E. Killian, hereinafter Mother, has filed a Petition for Custody and Keith L. Killian, hereinafter Father, has filed a Petition for Special Relief. The parties desire to enter into a temporary order, pending a conciliation conference according to the following terms: a. The parties will share legal custody of Sierra. b. Mother will have primary physical custody of Sierra and Father will have partial custody on alternating weekends from Friday at 3:00 p.m. when he will pick Sierra up at her usual babysitter until 7:00 p.m. on Sunday when he will drop her off at the usual babysitter. The alternating weekend schedule shall commence on June 17, 2005 with custody in Father. Additionally, Father shall have custody of Sierra every Tuesday and every Thursday from after work until 7:00 p.m. with the pickup and return place to be the home of Sierra's babysitter. Pending conciliation, Father will exercise his weekend periods of partial custody at the home of Sierra's paternal grandparents. c. Father and his parents may take Sierra on vacation which will commence on July 1 after work and continue through that weekend and the following week until Sunday, July 10, 2005 at 7:00 p.m. when Father will return Sierra to the home of the child's babysitter. Because Father will be exercising custody of Sierra over two weekends, the following two weekends, those beginning July 15 Witnesses: and July 22 shall be Mother's weekends of custody. Thereafter, on July 29, the alternating pattern of weekends shall recommence with Father exercising custody for the week of July 29. 4. The parties agree to submit themselves for a custody evaluation with Dr. Arnold Shienvold and to equally share the cost of the evaluation. 5. Father withdraws, and by his Praecipe will withdraw, his Petition for Special Relief. 6. The parties will cooperate to reschedule the conciliation conference, now set for July 5, 2005, to accommodate Father's vacation plans. 7. The parties intend that the terms of this agreement be made an order of court. Linda E. Killian, Plaintiff Keith Ilia , Defendant itl?L. K ;-, ?', i_+. ??? ? ^:-- U RECEIVED JUN 1 7 LINDA E. KILLIAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. :CIVIL ACTION - DIVORCE :NO. 05-2090 CIVIL TERM KEITH L. KILLIAN Defendant :1N CUSTODY ORDER OF COURT NOW, this 46tt- day of _Ts?c 2005, upon consideration of the within Stipulation of the Parties, the terms of the Stipulation are hereby made an Order of Court. ovf- By the Court, C =??r , CJ ? , ? ?? '}. ^t_ ?? ?. Y` ? J W ?' , iiJ ""' ' S ? U- ? 1Y `? ' `r w ?' {) O r°-+ LINDA E. KILLIAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. :CIVIL ACTION - DIVORCE :NO. 05-2090 CIVIL TERM KEITH L. KILLIAN Defendant :IN CUSTODY PLAINTIFF'S ANSWER TO PETITION TO INTERVENE AND NEW MATTER NOW COMES Linda E. Killian, Plaintiff above, by and through her counsel Saidis, SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Shuff, Flower & Lindsay and files an answer to the Petition to Intervene as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted that the natural parents have entered into an agreement for temporary custody of Sierra and that their agreement was entered as a court order on June 20, 2005. Admitted that Mother removed the child from the marital home when she relocated from it. Admitted that Sierra's parents permitted Petitioners to have substantial time with Sierra on some Mondays and Tuesdays. 5. Admitted that a conciliation conference is scheduled for July 14, 2005. Denied that the natural Mother refuses to permit contact between the child and the grandparents. By way of further answer, since Sierra's parents separation the grandparents have been visiting with the child on Tuesdays and Thursdays and alternating weekends and also have been appearing at the child's babysitter as they wish to see the child, as well as taking the child on a week- long vacation. 6. Denied that the best interest of the child will be served by permitting the Petitioners to intervene. By way of further answer, the best interest of the child is not the appropriate standard for intervention as more specifically set out below. NEW MATTER 7. The responses to paragraphs 1 through 6 are incorporated herein. 8. The standing of grandparents to intervene in a custody action is set out in 23 Pa. C.S.A. Sections 5311, 5312 and 5313. Petitioners do not have standing pursuant to Section 5311 because no parent is deceased. Petitioners do not have standing pursuant to Section 5312 which provides standing when parents have been separated for 6 months or more. The parents in the instant case have not been separated for 6 months or more. Petitioners do not have standing pursuant to Section 5313 (a) because the child did not reside with the Petitioners for a period of 12 months or more. They do not have standing pursuant to Section 5313 (b) because they have not assumed the role and responsibility of the child's parents for 12 months. 9. Plaintiff believes and therefore avers that until the hearing on the averments set out in this answer and new matter the Petitioners may not be granted standing to appear at the conciliation conference or any subsequent hearing. WHEREFORE, Plaintiff prays this Honorable Court to set the Petition to Intervene for a hearing and, pending the hearing, to rescind any order which provides standing to the grandparents without such a hearing. Saidis, Shuff, Flower & Lindsay Attorneys for the By: ID #44693/ 26 West Htgi Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION SAIDIS SHUFF, FLOWER & LINDSAY ArrORNEYS•AT•LAW 26 W. High Street Carlisle, PA I, the undersigned, hereby verify that the statements made herein are true and correct on behalf of Linda E. Killian and upon information provided to me by her. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: I ?? LINDA E. KILLIAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. :CIVIL ACTION - DIVORCE :NO. 05-2090 CIVIL TERM KEITH L. KILLIAN :IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS SNUFF, FLOWER & LINDSAY, Attorneys hereby certify that on this ?! day of j>e,1005, served the within Plaintiffs Answer to Petition to Intervene and New Matter this day by depositing same in the United States Mail, First Class, Postage Prepaid„ in Carlisle, Pennsylvania, addressed to: Ruby D. Weeks 10 West High Street Carlisle, Pennsylvania 17013-2955 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff .,' SAIDIS SHUFF, FLOWER & LINDSAY ID# 46 26 High Street Carlisle, PA 17013 (717) 243-6222 ire 26 W. High Street Carlisle, PA N ?Ci C> v - " C u G ` .-1 ??f ,? t ri? W :? t? , ? . -rS ... '?ffi ( ': c .: q F L e ?. . _.. RECEIVED XL 0 7 2005- LINDA E. KILLIAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - DIVORCE : NO. OP090 CIVIL TERM KEITH L. KILLIAN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 1 flay of July, 2005, Petitioners, Garet Duane Stum and Doris D. Stum, are granted permission to intervene in the above captioned custody matter and may participate in the custody conciliation set for July 14, 2005, at 10:30 a.m. before Jacqueline M/I cV Jmey Esquire Custo y Conciliator. ??1t15 O?fR 1S wlr?fl?.?T ?o,41J.;elt?l. o?( cnrttv?blt -I cJ Z ? 1} ?? jj p •.v S •? c `? i l ldl ? y 2? (lr c 17'ri eJ ?ehv?lS IFS v e., t-Lo Slasrdtna AT & l?Ilc'Ird" he Court loll cut ? IGGII??,, c LlhLv..,s y?? Y ' J WC. e use, cc: Jacqueline M. Verney, Esquire Taylor P. Andrews, Esquire Carol J. Lindsay, Esquire /S 1_lw ?U??u.ua.J '-Y? .7-ia -G'< ?- ' Cr Lu C? •. _? tL G .:Z '"'3^? On} N L,lo, LT. LLl ? 3 h O c° ,J ?? U LINDA E. KILLIAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KEITH L. KILLIAN, Defendant NO. 05-2090 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of July, 2005, upon consideration of Plaintiff's Answer to Petition To Intervene and New Matter, the request to rescind the Order of Court of July 11, 2005, is denied. BY THE COURT, Carol J. Lindsay, Esq. 27 West High Street Carlisle, PA 17013 Attorney for Plaintiff Taylor P. Andrews 78 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant Ruby D. Weeks, Esq. 10 West High Street Carlisle, PA 17013 :rc tj, ?"`tll ?; J ; :'' --?,,^?? A `?? A„?? ??? _7,_? LINDA E. KILLIAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. :CIVIL ACTION - DIVORCE .NO. 05-2090 CIVIL TERM KEITH L. KILLIAN Defendant IN CUSTODY PLAINTIFF'S ANSWER TO PETITION TO INTERVENE AND NEW MATTER SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Sheet Carlisle, PA NOW COMES Linda E. Killian, Plaintiff above, by and through her counsel Saidis, Shuff, Flower & Lindsay and files an answer to the Petition to intervene as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted that the natural parents have entered into an agreement for temporary custody of Sierra and that their agreement was entered as a court order on June 20, 2005. Admitted that Mother removed the child from the marital home when she relocated from it. Admitted that Sierra's parents permitted Petitioners to have substantial time with Sierra on some Mondays and Tuesdays. 5. Admitted that a conciliation conference is scheduled for July 14, 2005. Denied that the natural Mother refuses to permit contact between the child and the grandparents. By way of further answer, since Sierra's parents separation the grandparents have been visiting with the child on Tuesdays and Thursdays and alternating weekends and also have been appearing at the child's babysitter as they wish to see the child, as well as taking the child on a week- long vacation. 6. Denied that the best interest of the child will be served by permitting the Petitioners to intervene. By way of further answer, the best interest of the child is not the appropriate standard for intervention as more specifically set out below. NEW MATTER 7. The responses to paragraphs 1 through 6 are incorporated herein. 8. The standing of grandparents to intervene in a custody action is set out in 23 Pa. C.S.A. Sections 5311, 5312 and 5313. Petitioners do not have standing pursuant to Section 5311 because no parent is deceased. Petitioners do not have standing pursuant to Section 5312 which provides standing when parents have been separated for 6 months or more. The parents in the instant case have not been separated for 6 months or more. Petitioners do not have standing pursuant to Section 5313 (a) because the child did not reside with the Petitioners for a period of 12 months or more. They do not have standing pursuant to Section 5313 (b) because they have not assumed the role and responsibility of the child's parents for 12 months. 9. Plaintiff believes and therefore avers that until the hearing on the averments set out in this answer and new matter the Petitioners may not be granted standing to appear at the conciliation conference or any subsequent hearing. WHEREFORE, Plaintiff prays this Honorable Court to set the Petition to Intervene for a hearing and, pending the hearing, to rescind any order which provides standing to the grandparents without such a hearing. Saidis, Shuff, Flower & Lindsay Attorneys for the By: ID #44693/ f 26 West Iigfi Street Carlisle, PA 17013 (717) 243-6222 SAIDIS .HUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION SAIDIS SHUFF, FLOWER & LINDSAY AWORNEYS•AVLAW 26 W. High Street Carlisle, PA I, the undersigned, hereby verify that the statements made herein are true and correct on behalf of Linda E. Killian and upon information provided to me by her. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dater ?? LINDA E. KILLIAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. :CIVIL ACTION - DIVORCE :NO. 05-2090 CIVIL TERM KEITH L. KILLIAN Defendant :IN CUSTODY CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS SNUFF, FLOWER & LINDSAY, Attorneys hereby certify that on this -L L day of j>?1005, served the within Plaintiffs Answer to Petition to Intervene and New Matter this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Ruby D. Weeks 10 West High Street Carlisle, Pennsylvania 17013-2955 SAIDIS, SHUFF, FLOWER 8t LINDSAY, P.C. Attorneys for Plaintiff ' . By: J. 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA n ; c ,?. fin _, __. c`_? ,r.'. ?? ,?- ? _ , ? ? -??? w i?i-s - ?. 1?? .. c : a Y: f?i }: N.? -?. . _, { LINDA E. KILLIAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2090 CIVIL TERM KEITH L. KILLIAN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this AL day of ;r ?a 17, , 2005, upon consideration of the attached Custody Conciliation Repo , ii is ordered and directed as follows: 1. The prior Orders of Court dated June 20, 2005 and July 11, 2005 shall remain in full force and effect. 2. The Conciliation Conference is hereby continued until July 29, 2005 at 1:30 p.m. 3. Pending the continuation of the Conciliation Conference, the parties shall obtain a recommendation from the child's therapist, Georgi Anderson, regarding an interim custody arrangement pending a custody evaluation to be performed by Arnold Shienvold at the expense of the parties. 4. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Carol J. Lindsay, Esquire, Counsel for Mother Taylor P. Andrews, Esquire, Counsel for Father 44a"i /,rp ? Ruby D. Weeks, Esquire, Counsel for paternal grandparents' BY THE COURT, I 1 .C P-A OZ 7r SOOZ RECEIVED JUL 18'"? 011 LINDA E. KILLIAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-2090 CIVIL TERM KEITH L. KILLIAN, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sierra E. Killian January 4, 1999 Mother 2. A Conciliation Conference was held in this matter on July 14, 2005, with the following individuals in attendance: The Mother, Linda E. Killian, with her counsel, Carol J. Lindsay, Esquire, Father, Keith L. Killian, with his counsel, Taylor P. Andrews, Esquire and paternal grandparents, Garret Duane Stum and Doris D. Stum, with their counsel, Ruby D. Weeks, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court dated June 20, 2005 upon stipulation of the parties and pending the conciliation conference, providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends and two evenings per week. The court also entered an Order of Court dated July 11, 2005 allowing the paternal grandparents to intervene and participate in the conciliation conference without prejudice to either party to object to standing. 4. The parties agreed to the entry of an Order in the form as attached. I- l'"-Os' I Date Jac line M. Verney, Esquire Custody Conciliator V RECEIVED AW 01 LINDA E. KILLIAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2090 CIVIL TERM KEITH L. KILLIAN, : CIVIL ACTION - :LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this _Z4 day of 2005, upon consideration of the attached Custody Conciliation R wort, it is ordered and directed as follows: The prior Orders of Court dated June 20, 2005, July 11, 2005 and July 19, 2005 are hereby vacated. 2. The Mother, Linda E. Killian and the Father, Keith L. Killian, shall have shared legal custody of Sierra E. Killian, born January 4, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. The parents shall have shared physical custody of the child as follows: 4. A. Beginning July 29, 2005 Father shall, on alternating weeks, have physical custody of the child from Friday after work or after school, to Tuesday morning when he shall arrange to have the child taken to school or the babysitter. B. On the off week, Father shall have physical custody from Monday after school or work to Wednesday morning when Father shall arrange to have the child taken to school or the babysitter. C. Mother shall have physical custody of the child when Father does not have physical custody. D. Such other times as the parties agree. E. Grandparents shall see the child during Father's periods of physical custody. Holidays: The holiday schedule shall take precedence over the other times set forth in this Order. A. Thanksgiving, 2005: Father shall have physical custody of the child from Wednesday before Thanksgiving to Friday at 8:00 p.m. Mother cr' c? t F ?- w - LT .1 l r cu shall have physical custody of the child from Friday after Thanksgiving at 8:00 p.m. to December 4. Mother shall provide makeup time to Father as agreed and the resumption of the alternating week schedule will be as agreed. B. Christmas, 2005: Christmas shall be divided into two Blocks. Block A shall run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have physical custody of the child for Block A in 2005 and Father shall have physical custody of the child for Block B in 2005. 6. Both parties shall be entitled to reasonable telephone contact with the child which is considered one phone call per day unless an emergency arises. 7. The parties shall cooperate with a custody evaluation to be conducted by Arnold Sheinvold at the expense of the parties. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either parry may contact the Conciliator to schedule another Conciliation Conference once the custody evaluation is complete. BY THE COURT, Oler, rT'r., " t-' J. carol J. Lindsay, Esquire, Counsel for Mother for P. Andrews, Esquire, Counsel for Father Ruby D. Weeks, Esquire, Counsel for paternal grandparents J 0 LINDA E. KILLIAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2005-2090 CIVIL TERM KEITH L. KILLIAN, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sierra E. Killian January 4, 1999 Mother 2. A Conciliation Conference was held in this matter on July 29, 2005, with the following individuals in attendance: The Mother, Linda E. Killian, with her counsel, Carol J. Lindsay, Esquire, Father, Keith L. Killian, with his counsel, Taylor P. Andrews. Esquire and paternal grandparents, Garret Duane Stum and Doris D. Stum, with their counsel, Ruby D. Weeks, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court dated July 19, 2005 continuing the prior Orders of Court dated June 20, 2005 and July 11, 2005 and scheduling another Conciliation Conference for July 29, 2005. 4. The parties agreed to the entry of an Order in the form as attached. ?-/ -o S" Date acqu ine M. Verney, Esquire Custody Conciliator LINDA E. KILLIAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. :CIVIL ACTION - DIVORCE :NO. 05-2090 CIVIL TERM KEITH L. KILLIAN Defendant STIPULATION OF THE PARTIES The parties stipulate as follows: 1. They are Linda E. Killian, hereinafter Wife and Keith L. Killian, hereinafter Husband. 2. Wife has filed a Complaint in Divorce to the above caption. Wife has also filed a Petition for Protection from Abuse to the number 05-3074 in the Court of Common Pleas of Cumberland County. 3. Wife will withdraw her Petition for Protection from Abuse. 4. Husband will not come to Wife's residence at 320 East Burd Street, Apartment #2, Shippensburg, Pennsylvania. Further, Husband will not come to Wife's place of employment. 5. The parties intend that the terms of this Stipulation be entered as an order of court. Witnesses: 1 SAY,'Esquire LINDA E. KILLIAN iff dews, Esquire KEITH L. LLIA for the Defendant {> n O n n tTt ? r'- T..' -L' C7 v C: N a •O .7RECEIVED SEP 19 2005 LINDA E. KILLIAN, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. :CIVIL ACTION - DIVORCE :NO. 05-2090 CIVIL TERM KEITH L. KILLIAN Defendant ORDER OF COURT NOW, this day of Se- , 2005, upon . !1a consideration of the within Stipulation of the Parties, the terms of the Stipulation are hereby made an Order of Court. C a( L,rolsu P By the Court, 90 =h Wd 6 ! d3S SOOZ XdVIONC'rL G6d 3HI JO 3Oi?0-0314 LINDA E. KILLIAN V. KEITH L. KILLIAN To The Prothonotary: PRAECIPE I request that the Defendant's Claim for Alimony Pendente Lite be referred to the Cumberland County Domestic Relations Office for action. (A copy of the Answer to the Divorce Complaint expressing the claim for Alimony Pendent Lite is attached hereto for your convenient reference) The parties in this claim are the same as the parties in the support case filed at 474 Support 2005, PACSES No. 401107478. Respectfully submitted, ANDREWS & JOHNSON By: ylor P. Andrews, Esq. Attorney for Petitioner 78 West Pomfret Street Carlisle, PA 17013 Telephone: (717) 243-0123 Supreme Court ID No. 15641 : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE : IN DIVORCE Defendant : NO. 05-2090 cc: Carol Lindsay, Esquire Rickie J. Shadday, DRO LINDA E. KILLIAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE KEITH L. KILLIAN IN DIVORCE Defendant : NO. 05-2090 DEFENDANT'S ANSWER TO THE DIVORCE COMPLAINT COUNT I - REQUEST FOR ALIMONY AND ALIMONY PENDENTE LITE Defendant is unable to sustain himself during the course of this litigation. 2. Defendant lacks sufficient property to provide for his reasonable needs and to meet household expenses. 3. Defendant requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. 4. Plaintiff has the means and ability to pay alimony pendente lite and alimony to defendant as her income is more than double that of the defendant. WHEREFORE, Defendant requests the Court to enter an Order of alimony pendent lite until final hearing, and there upon to enter an award of alimony in his favor. COUNT II - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 5. Plaintiff and Defendant have acquired property both real and personal during their marriage. 6. Plaintiff and Defendant have been unable to agree to an equitable distribution of this property. WHEREFORE, Defendant respectfully requests the Court to enter an Order equitably distributing the parry's marital property pursuant to Section 3502(d) of the Divorce Code. Respectfully submitted, ANDREWS & JOHNSON By: TT"r P. Andrews, Esq. ? orney for Petitioner 18 West Pomfret Street Carlisle, PA 17013 Telephone: (717) 243-0123 Supreme Court ID No. 15641 I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. DATE: Z /?(l Ty ?„ ?4.-- Keith Killian LINDA E. KILLIAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE KEITH L. KILLIAN IN DIVORCE Defendant NO. 05-2090 CERTIFICATE OF SERVICE I hereby certify that on this date, September, 2005,1 mailed a copy of Defendant's Answer to Divorce Complaint to the following person at the following address by U.S. Mail, regular mail, postage prepaid, delivered to addressee only: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 I verify that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. ANDREWS & JOHNSON By: 141or P.-Andrews, Esq. Aftorneys for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 R b- n c. Gam,,, -n cn ' t J m r= N -??V LINDA E. KILLIAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH L. KILLIAN Defendant CIVIL ACTION - DIVORCE IN DIVORCE NO. 05-2090 DEFENDANT'S ANSWER TO THE DIVORCE COMPLAINT COUNT I - REQUEST FOR ALIMONY AND ALIMONY PENDENTE LITE Defendant is unable to sustain himself during the course of this litigation. 1 Defendant lacks sufficient property to provide for his reasonable needs and to meet household expenses. 3. Defendant requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. 4. Plaintiff has the means and ability to pay alimony pendente lite and alimony to defendant as her income is more than double that of the defendant. WHEREFORE, Defendant requests the Court to enter an Order of alimony pendent lite until final hearing, and there upon to enter an award of alimony in his favor. COUNT II - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY Plaintiff and Defendant have acquired property both real and personal during their marriage. 6. Plaintiff and Defendant have been unable to agree to an equitable distribution of this property. WHEREFORE, Defendant respectfully requests the Court to enter an Order equitably distributing the party's marital property pursuant to Section 3502(d) of the Divorce Code. Respectfully submitted, ANDREWS & JOHNSON By: P. Anli'rews, Esq. A omey for Petitioner 8 West Pomfret Street Carlisle, PA 17013 Telephone: (717) 243-0123 Supreme Court ID No. 15641 I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATE: Z l?(!? ?4 rim, Keith Killian LINDA E. KILLIAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH L. KILLIAN Defendant CIVIL ACTION - DIVORCE IN DIVORCE NO. 05-2090 CERTIFICATE OF SERVICE I hereby certify that on this date, September, 2005,1 mailed a copy of Defendant's Answer to Divorce Complaint to the following person at the following address by U.S. Mail, regular mail, postage prepaid, delivered to addressee only: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 I verify that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. ANDREWS & JOHNSON for P. Andrews, Esq. Attorneys for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 r ?' ? \ (?, }? „?' n ? c, -_ ?, ?„ r? ?` '? 3 c_: x -?: ?' -r; ->?; ` ?-' ??m r J' _.? w ,. (? :a -< LINDA E. KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-2090 CIVIL TERM KEITH L. KILLIAN, IN DIVORCE Defendant/Petitioner PACSES # 329107686 ORDER OF COURT AND NOW, this 26" day of September, 2005, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on October 24. 2005 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 09/26/05 to: Respondent Carol J. Lindsay, Esq. Taylor P. Andrews, Esq. Date of Order: September 26, 2005 IShadd y, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND)( REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 .1. "? ICJ r- ? In ._.. ?C N "A ?C LINDA E. KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION- DIVORCE NO. 05-2090 CIVIL TERM KEITH L. KILLIAN, IN DIVORCE Defendant/Petitioner PACSES # 329107686 ORDER OF COURT AND NOW, this 31 st day of October, 2005, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1739.00 and Respondent's monthly net income/earning capacity is $4122.00 it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1045.00 per month payable monthly as follows: $992.00 for alimony pendente lite and $53.00 on arrears. First payment due next pay date. Arrears set at $1862.61 as of October 31, 2005. The effective date of the order is September 26, 2005. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Keith L. Killian . Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Other Conditions: This Order considers that husband has an obligation for child support and that he has extended shared time with the parties' child. In addition, this order considers an additional sum for mortgage payment on the marital home. Respondent is given credit in the amount of $121.39 from an arrearage balance due her from the child support case #418107437. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Petitioner's Attorney Respondent Respondent's Attorney DRO: R. J. Shadday BY THE COURT, Mailed copies on: Petitioner October 31, 2005 Respondent Carol J. Lindsay, Esq. Taylor P. Andrews, Esq. Edward E. uido, J. w -< - -3 T , p m t' c "-'r`. r ^a i?n 1 3 r p '--uc (i 10 -X 76 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 05 -,q09& CIUI I State Commonwealth of Pennsylvania 0 Original Order/Notice Co./City/Dist. of CUMBERLAND O Amended Order/Notice Date of Order/Notice 10/31/05 O Terminate Order/Notice Case Number (See Addendum for case summary) RE: KILLIAN, LINDA E. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) HIGHMARK INC C/O ATTN: PAYROLL 1800 CENTER ST CAMP HILL PA 17011-1702 167-62-9826 Employee/Obligor's Social Security Number 6462101517 Employee/Obligor's Case Identifier (See Addendum fw plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 992. 00 per month in current support $ 53. oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 045.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 241.15 per weekly pay period. $ 482.31 per biweekly pay period (every two weeks). $ 522.5o per semimonthly pay period (twice a month). $ 1, 045. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: NOV 0J 1 2 Service Type M BY THE COURT: K Form EN-028 OMB No.: 0970-01S4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If khecked you are required to provide a copy of this form to your3mployee. If yo r employee vYOrks in a state that is di erent from the state that issued this order, a copy must be provi ed to your employee even if the box is not checked. 1. city: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting listed below. g Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each . You must comply with the law of the of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the holding order and forward the support payments. Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent iible. (See #9 below) mination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2312947230 EMPLOYEE'S/OBLIGOR'S NAME: KILLIAN, LINDA E. EMPLOYEE'S CASE IDENTIFIER: 6462101517 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or erance pay. If you have any questions about lump sum payments, contact the person or authority below. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have hheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless obligor is employed in another State, in which case the law of the State in which he or she is employed governs. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, using to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law erns unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit 'ection Act 0 5 U.S.C. § 1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory uctions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more h the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more h the amounts allowed under the law of the state that issued the order. Additional Info: OTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee%bligor have any questions contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Type M Page 2 of 2 OMB Na.: 0970.0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KILLIAN, LINDA E. 329107686 3ITH L. KILLIAN Docket Attachment Amount 5-2090 CIVIL$ 1,045.00 Child(ren)'s Name(s): DOB ecked, you are required to enroll the child(ren) d above in any health insurance coverage available the employee's/obligor's employment. Docket Attachment Amount $ 0.00 hild(ren)'s Name(s): DOB checked, you are required to enroll the child(ren) fied above in any health insurance coverage available gh the employee's/obligor's employment. ?if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Number PACSES Case Number Plaintiff Name Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Name(s): DOB Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) ?lf checked, you are required to enroll the child(ren) rtified above in any health insurance coverage available identified above in any health insurance coverage available ugh the employee's/obligor's employment. through the employee'slobligor's employment. Addendum Form EN-028 Type M oMa No.: 097"154 Worker ID $IATT N ? ?1 n ? 't717?'' ? ? f ?r .C ? T C3 LINDA E. KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE NO. 05-2090 CIVIL TERM KEITH L. KILLIAN Defendant IN DIVORCE REQUEST FOR DE NOVO HEARING AND NOW, comes Linda E. Killian, by and through her counsel, Saidis, Shuff, Flower & Lindsay, and states as follows: 1. The parties hereto are husband and wife, having been joined in marriage on April 27, 1996 in Shippensburg, Pennsylvania. 2. On October 31, 2005, this Honorable Court entered an Order of Alimony Pendente Lite in the amount of $992.00 with an additional $53.00 per month on arrears. 3. Plaintiff seeks a de novo hearing. WHEREFORE, Plaintiff prays this Honorable Court to set the matter of alimony pendente lite for a de novo hearing before the Support Master. SAIDIS, SHUFF, FLOWER & LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY Carol J. Lindsay, Es uire Supreme Cou ID o. 44693 26 West High et Carlisle, PA 17013 717-243-6222 26 W. High Street Carlisle, PA CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual(s), via first class mail, postage prepaid, addressed as follows: Taylor Andrews, Esquire 78 West Pomfret Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY Supreme Court ID o. 44693 26 West High et Carlisle, PA 17013 717-243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ArMRNEIS•AT•LAW 26 W. High Street Carlisle, PA C.>1 Lr T) ? T Ln ni rte. ?: tl f -? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KEITH L. KILLIAN ) Docket Number 05-2090 CIVIL Plaintiff ) vs. ) PACSES Case Number 329107696 LINDA E. KILLIAN ) Defendant ) Other State ID Number You, LINDA E. KILLIAN plaintiff/defendant of 320 E BURD ST, SHIPPENSBURG, PA. 17257-1404-20 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the DECEMBER 12, 2005 ORDER OF COURT at 9: o oAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 WorkerlD 21302 KILLIAN V. KILLIAN PACSES Case Number: 329107686 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: 1- 10 v- 7*1 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 r? l i I „ ..t -r _n. U ii?r. t;;.a G] '?, _?-;s1 s' ^ "> `L`: ;: + '-?? aD r In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KEITH L. KILLIAN ) Docket Number 05-2090 CIVIL Plaintiff ) vs. ) PACSES Case Number 329107686 LINDA E. KILLIAN ) Defendant ) Other State ID Number ORDER OF COURT You, KEITH L. KILLIAN plaintiff/defendant of 203 WHITMER RD, SHIPPENSBURG, PA. 17257-9694-03 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the DECEMBER 12, 2005 at 9: ooAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. Proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 KILLIAN PACSES Case Number: 329107686 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: -??- O? Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V. KILLIAN CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBER comply with the Americans with Disabilities Act of 1 facilities and reasonable accommodations available to before the court, please contact our office at: (717) made at least 72 hours prior to any hearing or business scheduled hearing. Service Type M Page 2 of 2 LAND County is required by law to 990. For information about accessible disabled individuals having business 240-6225 . All arrangements must be before the court. You must attend the Form CM-509 Worker ID 21302 f"j h) v r I -- m 0 T •• r'i LINDA E. KILLIAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION KEITH L. KILLIAN, : PACSES NO. 329107686 Defendant/Petitioner: DOCKET NO. 05-2090 CIVIL INTERIM ORDER OF COURT AND NOW, this 21 st day of December, 2005, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Wife shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $605.00 per month. B. The Wife shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $95.00 per month on arrearages. C. The effective date of this order is September 26, 2005. D. This order shall be suspended March 26, 2006. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. B Edward . G icio, J. )EI x Cc: Linda E. Killian Keith L. Killian Taylor P. Andrews, Esquire For the Defendant/Petitioner Carol J. Lindsay, Esquire For the Plaintiff/Respondent DRO LINDA E. KILLIAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION KEITH L. KILLIAN, : PACSES NO. 329107686 Defendant/Petitioner: DOCKET NO. 05-2090 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on December 12, 2005 the following report and recommendation are made: FINDINGS OF FACT The Petitioner is Keith L. Killian, who resides at 203 Whitmer Road, Shippensburg, Pennsylvania. He is the Defendant in the divorce action and will hereafter be referred to as "the Husband." 2. The Respondent is Linda E. Killian, who resides at 320 East Burd Street, Apartment 2, Shippensburg, Pennsylvania. She is the Plaintiff in the divorce action and will hereafter be referred to as "the Wife." 3. The parties were married on April 27, 1996. 4. On April 22, 2005 the Wife filed a complaint in divorce. 5. The Husband filed an answer to said complaint wherein he made a claim for alimony pendente lite. 6. The parties separated on or about June 9, 2005 when the wife moved from the marital residence. 7. On September 26, 2005 the Husband requested his claim for alimony pendente lite be referred to the Domestic Relations Section for action. 8. The parties have one child, Sierra E. Killian, born January 4, 1999. 9. The Husband is employed by the Commonwealth of Pennsylvania and has a net monthly income of $1,729.00. 10.The Wife is employed by Highmark Inc. and has a net monthly income of $4,122.00.1 ' The parties stipulated to the net monthly incomes of both for the purposes of this hearing. EXHIBIT "A" 0&, I 11. The Husband continues to reside in the marital residence. 12. The marital residence is subject to a mortgage with a monthly payment of $1,749.98. 13.The Husband has been making the monthly payments on said mortgage. 14.The Husband has control of a joint checking account which had a balance at the end of March, 2005 in excess of $42,000.00. 15.The Husband has been utilizing said account to keep the mortgage current. 16. Said account had a balance at the time of the hearing of approximately $25,000.00. 17. The Husband has control over a joint checking account valued at $3,558.00. 18.The Husband has control over the parties' 2004 federal income tax return of $7,000.00. 19. The Wife has control of a savings account with a balance of $631.00. DISCUSSION "Alimony pendente lite means alimony or maintenance during the pendency of a divorce proceeding so as to enable a dependent spouse to proceed with or defend against the action." Jayne v. Jayne, 663 A.2d 169, 176 (Pa. Super. 1995). "APL is based on the need of one party to have equal financial resources to pursue a divorce proceeding when, in theory, the other party has major assets which are the financial sinews of domestic warfare." DeMasi v. DeMasi, 597 A.2d 101, 104 (Pa. Super. 1993). Factors to consider in determining entitlement to an award of alimony pendente lite include the separate estate and income of the claimant, the ability of the other party to pay, and the character, situation and surroundings of the parties. Litmans v. Litmans, 673 A.2d 382 (Pa. Super. 1996). The claimant must demonstrate the need for maintenance and professional services during the pendency of the proceedings. DeWalt v. DeWalt, 529 A.2d 508 (Pa. Super. 1987). If entitlement to an award is found, the amount of the award is calculated pursuant to the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). There is no dispute that the Husband's income is significantly less than the Wife's. The parties stipulated that the Husband earns $1,729.00 net while the wife earns $4,122.00 per month. The Husband claims monthly expenses of approximately $3,200.00 of which $1,755.00 is the monthly mortgage payment on the marital residence where he continues to reside. The Wife claims monthly expenses totaling $2,550.00. The Wife raises two defenses with respect to the iissue of entitlement. She argues first that the Husband has sufficient assets available to him to maintain himself and to defend the divorce action. Specifically she points to the joint account which the Husband has depleted from $42,000.00 to $26,000.00. While it is true that APL is not appropriate where the claimant has acquired sufficient assets or income which will sufficiently equalize the financial ability of the parties to litigate the divorce action, Jayne v. Jayne, Supra., in this case it has not been established that the assets in the Husband's control are his assets. All bank accounts which the Husband now controls were jointly owned at the time of :separation. Consequently the Wife may in all likelihood claim these accounts to be marital. The holding in Jayne does not preclude the award of APL in this case. The Wife argues also that because the Husband has not consented to the divorce, he is not entitled to an award of APL. While it is true that a Plaintiff in a divorce action "[s]hould not be allowed to withhold [his or her] her consent to the divorce while simultaneously seeking alimony pendente lite," Hoffman v. Hoffman, 504 A.2d 356, 358 (Pa. Super. 1986), this Master is aware of no appellate authority which precludes a Defendant in a divorce action from seeking APL without consenting to the divorce. The Wife relies upon Bowser v. Bowser, 18 Pa. D.&C. 4th (233 1993), a Crawford County case, in support of her argument. In Bowser, the Wife was the Defendant in the support action and would not consent to the divorce. She had been awarded $970.00 per month in spousal support and had also been awarded $200.00 per month in alimony pendente lite. The APL award was limited in duration to three months.2 She subsequently petitioned for additional APL. In denying the Wife's request for additional APL the court stated: The Defendant should not suffer because :she is dependent and she should be permitted to properly defend this action. She is not obligated to agree to a divorce under any circumstances. On the other hand the purpose of alimony pendente lite is to permit her to defend the action. Where the action remains stagnant she does not have any economic outlay that is connected to the divorce action. Furthermore she cannot delay the proceedings to receive alimony pendente lite indefinitely. 18 Pa. D.&C. 4th at 236-237. The court also noted that the wife continued to receive the spousal support of $970.00 monthly. In the present case the Husband has not filed and has no present intention to file an affidavit consenting to the entry of a divorce decree. He cannot be compelled to do so. However, an award of alimony pendente lite is intended to cover only "the period that the proceeding may with due diligence be prosecuted to conclusion." Wargo v. Wargo, 154 A.2d 339, 341 (Pa. Super. 1959), quoting Koehler v. Koehler, 73 Pa. Super. 41 (1919). Z The case predated the rule precluding simultaneous awards of spousal support and APL. See Pa. R.C.P. 1910.16-1(c). This is not a complex divorce case. The equitable: distribution involves a home, some vehicles, some bank accounts, 401(k)'s and IRA's, and some household goods. The economic issues could reasonably be prosecuted to conclusion in six months. A recommendation will be made that an award of alimony pendente lite be made to the Husband for a period of six months commencing September 26, 2005. The amount of the APL award is calculated pursuant to Pa. R.C.P. 1910.16- 4(e) because the Wife who is the primary custodial parent of the parties' child, is the obligor in the claim for alimony pendente lite. The calculation is a four step process. In step one the APL obligation of the Wife to the Husband is calculated based upon their net monthly incomes without dependent children. The result is $957.00.3 In step two the $957.00 is deducted from the Wife's income; and added to the Husband's income. This results in the Wife having $3,165.00 and the Husband having $2,686.00. In step three a child support obligation is made utilizing the respective incomes from step two. This results in a monthly obligation of the Husband of $372.00.4 In step four the child support obligation from step three is deducted from the APL obligation in step one with the difference awarded in this case to the Husband as alimony pendente lite. That amount is $605.00 per month.5 RECOMMENDATION A. The Wife shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $605.00 per month. B. The Wife shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $95.00 per month on arrearages. C. The effective date of this order is September 26, 2005. s $4,122.00 - $1,729.00 = $2,393.00. $2,393.00 x .40 = $957.00. 4 See Exhibit "A" for the calculation. s No mortgage adjustment under Pa. R.C.P. 1910.16-6(e) was utilized to calculate the APL obligation in step one. The trier of fact has discretion whether to utilize this adjustment. Because martial funds are being used by the Husband to pay the mortgage on the marital property, this Master has elected not to employ this rule. D. This order shall be suspended March 26, 2006. Date Michael R. Rundle Support Master In the Court of Common Pleas of Cumberland County, Pennsylvania Support Guideline Worksheet' -Rule 1910.16-1 et se. Defendant Name: Keith L. Killian Docket Number: 05-2090 Civil Plaintiff Name: Linda E. Killian PACSES Case Number: 329107686 Other Case ID Number: Defendant Plaintiff 1. Number of Dependents in this Case 1 2. Total Gross Monthly Income $2,686.00 $3,165.00 3. Less Monthly Deductions 4. Monthly Net Income Line 2 minus Line 3 $2,686.00 $3,165.00 5. Combined Total Monthly Net Income Amounts on Line 4 Combined $5,851.00 ` 6. Plus Child's Monthly Soc. Sec. Retirement or Disability Derivative Benefit. 7. Adjusted Combined Total Monthly Net income 8. PRELIMINARY Child Support Obligation based on Adjusted Income Line 7 9. Less Child's Monthly Social Security Retirement or Disability Derivative ( ) Benefit Line 6) 31 10. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Support Schedule $1,051.00 11. Net Income as a Percentage of Combined Amount 45.91 54.09 12. Each Parent's Monthly Share of the Child Support Obligation $482.51 $568.49 13. Adjustment for Shared Custody Rule 1910.16-4 c # of Overnights: 156 $133.89 14. Adjustment for Child Care Expenses Rule 1910.16-6 a $2424 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 b -$,37 16. Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 c 17. Adjustment for Additional Expenses Rule 1910.16-6 d _ 18. Total Obligation with Adjustments Line 8 minus Line 9, plus Lines 10,11,1'2,13 $372.49 19. Less Split Custody Counterclaim Rule 1910.16-4 d _ 20. Obligor's Support Obligation Line 14 minus Line 15 $372.49 Prepared by: mrr Date' 191?1/3on-r, --- Summary Report S1. PACSES Multi le Family Adjustment S2. Spousal Support Award S3. Adjustment for Excess Mortgage Payments (If Applicable) S4. Custodial Parent Spousal Support Obligation (if Applicable) (.) S5. Adjusted Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) Monthly: $372.49 Weekly: $85.73 TAX INFORMATION Tax Method Filing Status Exemptions S6. Defendant Manual Sin le 1 S7. Plaintiff 1040 ES Single 1 S8. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: SuppoACalc 2005 EXHIBIT "A" ? N D i r l W i :i r CCI LINDA E. KILLIAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION KEITH L. KILLIAN, : PACSES NO. 329107686 Defendant/Petitioner: DOCKET NO. 05-2090 CIVIL INDEX OF EXHIBITS Petitioner's Exhibit No. 1 - Mortgage payment receipt Petitioner's Exhibit No. 2 - Income and expense statement Respondent's Exhibit No. 1 - Correspondence of counsel Respondent's Exhibit No. 2 - Description of marital assets Respondent's Exhibit No. 3 - Correspondence of counsel Respondent's Exhibit No. 4 - Correspondence of counsel Respondent's Exhibit No. 5 - Monthly expenses .? c3 ? I KEITH L KILLIAN AN 01,06 LINDA E KILLIAN 085288-4 JAN 01,06 $1749'98 JAN 16,06$182197 APORTANT •Ammonnthme 1bW1 be appliemnw wsa-Wng lllllllllllllillllllllllll ll lllllllllllllllllllll lllilll ll llllllllllllll lea, end rb enmmnwNSpom nwnb m?e. Payments poor ro mdidonal yrinoipa(poymmtt being appbM iot received National City®Mortgage Co. Recu?AR Pnvrnent PO 80X 17G77 by the due ADDITIONAL PRINCIPAL' BALTIMORE MD 21297-1677 date are llll ll 111 llllllllllllll llllllllllllllllil ll 11 111 11 llllilll All ?nTE CEEB considered rorAr. PAYMENT late. 2- 1 085288460000174998700001821979 i:50001110003t: 0 174gg80j35 288411'00 1 PIETITIONFRF EXHIS a In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 JUNE 15, 2005 Fax: (717) 240-6248 Plaintiff Name: KEITH L. KILLIAN Defendant Name: LINDA E. KILLIAN Docket Number: 00474 S zoos PACSES Case Number: 401107418 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also fill out the Supplemental Income Statement which appears on page two of this income and expense statement.) INCOME STATEMENT OF {?ad , l ?J C Section I: Income and Insurance INCOME: Employer Address Type of Work Payroll No. „533 j,. Itemized Payroll Deductions: Federal Withholding $ , Z.', Social Security $ fO Local Wage Tax $ a?, C.SI State Income Tax $ .,,34, Retirement t/ Savings Bonds $ .r?'/I Credit Union $ /?iW Life Insurance $ 1?/.v Health Insurance $ y. O h D d i K '? Fo'r a r? '?: $ $ t er e uct ons (specify) Net Pay per Pay Period OTHER (Fill in Appropriate Column) Own ershi p INCOME WEEK MO PROPERTY NTH YEAR Interest $ $ $ J OWNED DESCRIPTION VALUE H W J Dividends Pension Checking Accounts $ X Annuity Savings Accounts Social Security Rents Credit Union O Royalties Stocks/Bonds n h 1 cCl c _ e r r t9C ' ' Expense Account Gifts Real Estate ? 1Y? u cr' x Unemployment Other +?f 'f ' Workmen s Compensation Are,,nein r9lc r Other TOTAL $ Other TOTAL $ $ '?•?$' TOTAL INCOME $ `?.>d•?'?? * H=Husband; W=Wife; J=Joint Service Type M Form IN-008 Worker ID 21209 )2?J.1-ol- V) .or.-. o.,.,-m-r.,o , - V?Kfc/ Income and Expense Statement PACSES Case Number 401107418 INSURANCE Coverage* COMPANY POLICY N H W C Hospital Blue Cross / 5 i? 11,411Z . An. (C>9k14 k VGl?) ``? Ix X V Other , Medical Blue Shield Other A/ Health/Accident Disability Income Dental D`ib Other * H=Husband; W=Wife; C=Child Section II: Supplemental Income Statement a. This form is to be filled out by a person ? (1) who operates a business or practices a profession, or ? (2) who is a member of a partnership or joint venture, or ? (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Remm, and (2) the most recent Profit and Loss Statement C. Name of business: Address and telephone number: d. Nature of business (check one) ? (I) partnership ? (2) joint venture ? (3) profession ? (4) closed comoration ? (S) other e. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: Page 2 of 3 Form IN-008 Service Type M Worker ID 21209 Income and Expense Statement PACSES Case Number 401107418 Section III: Expenses Instructions: Only show extraordinary expenses in this section unless you filled out Section 11 on page two. The categories in BOLD FONT are especially important for calculating child support. If you are requesting Spousal Support/APL or if you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed. (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home Mortgage/Rent $ $ $ Maintenance Q. dp Utilities Electric $ $ Q $ Gas Oil Telephone Water Sewer Em to ment Public Transport. $ $ $ Lunch [r® Taxes Real estate $, $ Tr' Personal Property Insurance Homeowner's $ $ $ Automobile y ,00 Life Accident Health - jj Other Automobile Payments $ $ I _ s Fuel ®, pQ Repairs OC+ Medical Doctor $ $ $ .e7 Demist Orthodontist Hospital Medicine ,? .GxO pee nee (glasses, braces, orthopedic devices //CC /rt??OO EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Education Private School $ $ $ Parothial School College Religious Personal Clothing $ $ bfJs 6+ V $ Food p® Barber/ Hairdresser Fe. mb Credit Payments Credit Card Charge Memberships ,SIG Loans Credit Union $ $ $ eU h Miscellaneous Household Help $ $ $ Child care Iti, GC Papers/books Ma azines Entertainment /-TO, dic Pay TV p Vacation Gifts pp. Of Legal fees Charitable n ' ' o "' N d Other Alunony Payments Other Ggrlxt I s $ $Q035Q Pick"k Total K MO YEy?R , Expenses: $ i b. $ ZZ Y $ y ?SIi,S I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ?z-8- vs Dace Plainti Defend t Page 3 of 3 Form IN-008 Service Type M WorkerID 21209 ANDREWS & JOHNSON Attorneys at Law 78 West Pomfret Street Carlisle, PA 17013 TAYLOR P. ANDREWS RONALD E. JOHNSON May 11, 2005 Carol Lindsay, Esquire 26 West High Street Carlisle, PA 17013 RE: Killian Dear Carol: MAY 1 2 2009 Telephone (717) 243-01 Telefax (717) 243-00 want to reemphasize my email. Mr. Killian is willing to now work to define and value the marital estate. He is not prepared to negotiate a settlement. This domestic uproar has happened so fast and with so little advance notice that we feel it is necessary to just slow down. Mr. Killian indicates that he had no inkling of Mrs. Kiillian's unhappiness until this past winter. He estimates it to first have been expressed in February. The suddenness of Mrs. Killian's actions without adequate explanation prompts concern that there is an unidentified cause for this turmoil. Rather than rushing into custody evaluations by Dr. Sheinvold, Mr. Killian is anxious to know that Mrs. Killian has had a complete physical. He still loves Mrs. Killian and he will not rush into actions with permanent consequences without there being adequate time to undcrstand the cause of events. From the history that t have received from Mr. Kil liar this strikes me as prudent. Mr. and Mrs. Killian had one joint counseling session. Mr. Killian indicates that the motivation for Mrs. Killian is still unclear after that session. Mrs. Killian apparently explained that she was "co-dependent" but there was no explanation as the meaning of this term in this context. She complained that he was too negative and that he brought her down. This does not explain this sudden desire to end the marriage. As experienced practitioners you and I both know the high cost of marital breakups, particularly when there is a young child involved. I am not referring to financial costs, but rather emotional damage may leave life-long scars even if healed. Mr. Killian wants to avoid this damage if at all possible. 11-01t v_? Letter to Carol Lindsey, Esq. May 11, 2005 Page 2 I enclose first quarter statements from two separate IRA accounts registered to Mr. Killian. I will seek further explanation as to the source of these funds and also the existence and source of the Keeler and Danner fund referenced on the spreadsheet that I previously provided. I also enclose a copy of Mr. Killian's recent pay statement. He has only been employed by the State since August 25, 2003 so he is not vested in any retirement benefit. I will seek a statement of his contributions. I don't believe Mr. Killian has any other retirement benefits, but I shall seek confirmation as well. I look forward to receiving comparable information from Mrs. Killian. For the time being, Mrs. Killian should stop pressuring Mr. Killian to list the family home for sale or to agree to a custody arrangement, particularly one where he surrenders custody. Mr. Killian does not see this as appropriate at this time since it is his desire to preserve this marriage. Sincerely yours, P. Andrews, Esq. TPA: ss Enclosure cc: Keith Killian Killian v. Killian #2005-2090 Date of Marriage 4/27/96, Date of Separation H DESCRIPTION OF MARITAL ASSETS VALUE Husband Wife Real Estate 203 Whitmer Rd Shippensburg (mtg p/o as of 6/1/05 $222,566.18)) $ 12?.,566.00 listing price expected to be approx $320k Vehicles - - - - - -- 2005 Nissan Xterra (has lien) Previous vehicle 2003 Camrywith value of - $14,000 and lien of $14,000 $0.00 1988 Chev Pick u $ 1 525 y p _ 1999 Grand Am , .00 $ 4,360.00 ! $ 11525.00 $ 4,360.00 1972 Chevy Nova --current asking on $ 5,000.00 $ 5,000.00 Bank Accounts Orstown Checking #641154 (3/31/05) _ $ 3,558.09 $ 3,558 09 Onstown Savings #703003034 (3/31/05) $ 631.53 $ 631.53 _-- Orrstown chkg#103003063 (bal at closing $42,410.34 on 3/28/05) Husband got proceeds $ 42,410.34 $ _ 42,410.34 W acct#849304 Retirement W Highmark 401(k) ($54,858.02 as of 3/31/05, $4,_258 as of 4/1/96) $ 50,600.00 $ 50,600.00 H AIG Annuity #6936 as of 3/31/05 H American Funds IRA as if 3/31/05 $ 10,759.26 $ 3,212.79 $ 10,759.26 $ 3,212 79 _-- H-PSERS H Hoffman Mills 401(k) H_ CV CooOp 401(k) Life Insurance-term onl y Other _ H_- Inheritance household goods _ 2004 tax refund 7,000.00 $ 7100000 Debts JT Visa account 1 Discover account J-' 7) -0 (/j TOTAL $ 251,623.01 $ 78,457.0 50,600.00 T'S 10/24/2005 JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D, FLOWER, JR CAROLJ. LINDSAY BRIAN C. CAFFREY GEORGE F. DOUGLAS, III MATTHEW J. ESHELMANt THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. MXENBAUGH LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney@ssfl-law.com w .ssfl-law.com September 28, 2005 Taylor Andrews, Esquire 78 West Pomfret Street Carlisle, PA 17013 Re: Killian v. Killian Dear Taylor: REPLY TO CARLISLE Linda Killian would like to file for the appointment of a Divorce Master. Is Keith agreeable? Thank you for your assistance. Very truly yours, CJL/bes CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 teoard Certified CradaorW Rights Representation SAIDIS, SHUFF, FLOWER & LINDSAY Caro J. Lindsay, Esquire /j ,p O1- ?/ ANDREWS & JOHNSON Attorneys at Law 78 West Pomfret Street Carlisle, PA 17013-3216 Email: a-j@pa.net TAYLOR P. ANDREWS RONALD E. JOHNSON September 30, 2005 Carol J. Lindsay, Esq. Saidis, Shuff, Flower & Lindsay 26 W. High St. Carlisle, PA 17013 Re: Killian Dear Carol, OCT 0 3 200 Telephone (717) 243-0123 Telefax (717) 243-0061 I enclose a copy of exceptions that I have filed to Mike Rundle's report. I suggest it is premature to send this case to a Master at this point. Sincerely, ON I. TPA:ss cc: Keith Killian aft ily}fir vi y L V5 J- e `1 ?Cc l- r n S y-?.5o 6-fe Ins A-U U-1 o 2100 !=ood ?L.Ln 90 uji,i Oczr,( r?( ?c,cr5 /?f S a-13 v ??? ? ??; - -., - ?-? . ? ? ?. T ?n `? N ,?? i _)_ i . ? C ; <? -C, G? -G ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/21/05 Case Number (See Addendum for case summary) FmployerM/ithholder's Federal EIN Number HIGHMARK INC C/O ATTN: PAYROLL 1800 CENTER ST CAMP HILL PA 17011-1702 167-62-9826 Employee/Obligor's Social Security Number 6462101517 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, ME) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 605.00 per month in current support $ 95.00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ o . oo per month for genetic test costs $ per month in other (specify) for a total of $ 700.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 161.54 per weekly pay period. $ 323 .08 per biweekly pay period (every two weeks). $ 350.0o per semimonthly pay period (twice a month). $ 700. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information i needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg;, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: nFr 22 200E DRO: R.J. Shadday Service Type m 329107686 0 Original Order/Notice 05-2090 CIVIL O Amended Order/Notice O Terminate Order/Notice RE: KILLIAN, LINDA E. Employee/Obligor's Name (Last, First, MI) BY THE COURT: Edward E. u o Judge Form EN-028 OMB N., 0970-0154 IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If ?Necked you are required to provide a copy of this form to youremployee. If your employee works in a state that is ditterent from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.*-Reporting the-Paydate/Date of Withholding-You-must -the paydateMateof withholding when sending the payment.- The- payrlate/date of withholding is-theT ate on which mount-was withheld fro... the employee`swages-. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2312947230 EMPLOYEE'S/OBLIGOR'S NAME: KILLIAN, LINDA E. EMPLOYEE'S CASE IDENTIFIER: 6462101517 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. § 1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at x'17) 240-6225 or by FAX at 717) 240-6248 or by internet www.t7hildsupport.state.pa.us If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT Service Type m Page 2 of 2 Form EN-028 Worker ID $IATT OMB No. 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KILLIAN, LINDA E. PACSES Case Number 325107565 Plaintiff Name KEITH L. KILLIAN Docket Attachment Amount 05-2050 CIVIL$ 700.00 Child(reN's Name(s): DOB ? If checked, you are required to enroll the child(rem identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type m PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum OMB No, 0970 0154 Form EN-028 Worker ID $IATT ? ~? << n ? 'S'1 <? V'? i C? T ^? - _. '. a ` _ ' ?? : LINDA E. KILLIAN : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION V. NO. 05-2090 KEITH L. KILLIAN PACSES Case No: 329107686 Defendant/Petitioner : PETITIONER'S EXCEPTIONS TO MASTER'S REPORT AND RECOMMENDATION Petitioner, Keith E. Killian, by counsel, Taylor P. Andrews, Esquire, hereby sets forth the following exceptions to the Support Master's Report and Recommendations in the above captioned case: 1. The Master erred by failing to award an additional amount to assist in the payment of the parties' mortgage. 2. The Master erred in limiting the award of APL to a period of 6 months. Respectfully submitted, ANDREWS & J By: ayl P. Andrews, Esq. ttorney for Plaintiff 78 West Pomfret Street Carlisle, PA 17013 LINDA E. KILLIAN : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION V. NO. 05-2090 KEITH L. KILLIAN PACSES Case No: 329107686 Defendant/Petitioner : CERTIFICATE OF SERVICE I hereby certify that on this date, December Z? , 2005, 1 mailed a copy of PETITIONERS'S EXCEPTIONS TO MASTER'S REPORT AND RECOMMENDATION to the following persons at the following address by U.S. Mail, regular mail, postage prepaid, delivered to addressee only: Michael R. Rundle, Esq., Support Master 9 N. Hanover St. Carlisle, PA 17013 Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 I verify that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C. S. § 4904, relating to unworn falsification to authorities. ANDREWS & JOHNSON By: l or Y. Andrews, Esq.. tt ey for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 -77 FV } J 1 M? I v LINDA E. KILLIAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION KEITH L. KILLIAN, : PACSES NO. 329107686 Defendant/Petitioner: DOCKET NO. 05-2090 CIVIL INTERIM ORDER OF COURT AND NOW, this 21 st day of December, 2005, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Wife shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $605.00 per month. B. The Wife shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $95.00 per month on arrearages. C. The effective date of this order is September 26, 2005. D. This order shall be suspended March 26, 2006. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. B , Edward . G do, J. U ?- - _ ,,,c; ' ci c:: - ?-? _" _ ? ?,? '_ 4 t:J / _ /-?- 7 " 11_ ? rr? c_. `J c?.? Cc: Linda E. Killian Keith L. Killian Taylor P. Andrews, Esquire For the Defendant/Petitioner Carol J. Lindsay, Esquire For the Plaintiff/Respondent DRO LINDA E. KILLIAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION KEITH L. KILLIAN, : PACSES NO. 329107686 Defendant/Petitioner : DOCKET NO. 05-2090 CIVIL ORDER OF COURT AND NOW, this I3radayof ?vnVUrJ , 2006, the Defendant/Petitioner having filed exceptions to the port Master's Report and Recommendation, it is hereby ordered as follows, pursuant to Rule 1910.12, C.C.R.P.: 1. The stenographer for the Support Master shall transcribe and file the notes of testimony, and the Defendant/Petitioner shall bear the cost of the original transcript. 2. The Defendant/Petitioner shall file a brief, in these chambers, in support of the exceptions not later than fifteen (15) days from the date the transcript is filed. 3. The Plaintiff/Respondent shall file a reply brief, in these chambers, not later than thirty (30) days from the date the transcript is filed. 4. The issues raised in the exceptions will be decided on the briefs unless either party, at the time of filing his or her brief, requests oral argument or the Court directs that oral argument be held. If oral argument is held, it will be scheduled before this judge. cc: Linda E. Killian Keith L. Killian By the Court, Taylor P. Andrews, Esquir? For the Plaintiff Carol J. Lindsay, Esquire / For the Defendant -,? -ra -6G 4- , DRO Pd Dn_ ,., - ` • LINDA E. KILLIAN, :IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent:CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION KEITH L. KILLIAN, :PACSES NO. 329107686 Defendant/Petltloner:DOCKET NO. 05-2090 CIVIL IN RE: KILLIAN V. KILLIAN Proceedings held before Michael R. Rundle, Suppport Master Cumberland County Domestic Relations Office 9 North Hanover Street Carlisle, Pennsylvania on December 12, 2005, in the Support Master's Hearing Room APPEARANCES: CAROL J. LINDSAY, Esquire For the Plaintiff/Respondent TAYLOR P. ANDREWS, Esquire For the Defendant/Petitioner INDEX TO WITNESSES FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS Linda E. Killian 15 24 FOR THE DEFENDANT DIRECT CROSS REDIRECT RECROSS Keith L. Killian 4 8 11 13 INDEX TO EXHIBITS Petitioner's 1-Mortgage payment receipt Petitioner's 2-Income and expense statement Marked Admitted 5 14 6 14 Respondent's 1-Correspondence of counsel 17 26 Respondent's 2 -Description of marital assets 18 26 Respondent's 3 - Correspondence of counsel 20 26 Respondent's 4 - Correspondence of counsel 20 26 Respondent's 5 - Monthly expenses 21 26 2 • • 1 THE MASTER: We are here in the matter of 2 Linda E. Killian versus Keith L. Killian. This is a divorce 3 action docketed to 05-2090 Civil term. I am here on a 4 petition for alimony pendente lite filed by Mr. Killian who 5 will be referred to as the Petitioner in this action. 6 The Petitioner is present with his counsel, 7 Taylor Andrews, Esquire, and the Respondent, Ms. Killian, is 8 present with her counsel Carol Lindsay, Esquire. 9 The parties have reached certain 10 stipulations. The Petitioner's net monthly income is 11 1,729.00. The Respondent's net monthly income is $4,122.00. 12 The parties also stipulate that the transcript of testimony 13 taken in the spousal support action on September 19, 2005, 14 will be incorporated into this record to save repeating it 15 all today. 16 So stipulated, Mr. Andrews? 17 MR. ANDREWS: Yes. 18 THE MASTER: Ms. Lindsay? 19 MS. LINDSAY: Yes. 20 THE MASTER: At this time I would ask that 21 the parties please raise your right-hands to be sworn. 22 Whereupon, 23 LINDA E. KILLIAN 24 and 25 KEITH L. KILLIAN 3 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 having been duly sworn, testified as follows: THE MASTER: Mr. Andrews. MR. ANDREWS: With regard to that last stipulation, I just want to speak to that . I stipulate to the transcript. I think I a m foreclosed from revisiting that issue sinc e it has been adjudicated. THE MASTER: The issue of spousal support? MR. ANDREWS: No, the issu e of indignities. THE MASTER: The issue of indignities is not really relevant to an APL cl aim. MR. ANDREWS: Right. That is correct. THE MASTER: You may call your client. MR. ANDREWS: Mr. Killian. DIRECT EXAMINATION BY MR. ANDREWS: Q State your name. A Keith L. Killian. Q Mr. Killian, we were here in September and went through a hearing. Do you remember that? A Yes. I do. Q I am going to try not to ask you the same questions that I have already asked you and you have already answered, because those questions and answers are already part of this record.. 4 • s 1 A okay. 2 Q You are married to Linda Killian. 3 A Yes. I am. 4 Q And she has filed a divorce action? 5 A Yes. 6 Q Is that right? 7 A Right. 8 Q And you are occupying the marital home? 9 A Right. 10 Q We did I believe in September put into the 11 record the am ount of your mortgage payment? 12 A Yes. 13 (Wh ereupon, Petitioner's Exhibit No. 1 14 was marked for identification.) 15 Q Since September you have gotten a new coupon 16 book, have yo u not? 17 A Yes. I have. 18 Q I am showing you what is marked as 19 Petitioner's Exhibit Number 1. Is that a photocopy of the 20 payment stub from your new coupon book? 21 A Yes. It is. 22 Q Did your monthly payment go down about five 23 bucks? 24 A Yes. 25 MR. ANDREWS: I would move into evidence a 5 • s 1 copy of the coupon book. 2 THE MASTER: We will do all the exhibits at 3 the end of your case in chief. 4 BY MR. ANDREWS: 5 Q Have you prepared an income and expense 6 statement? 7 A Yes, I have. 8 (Whereupon, Petitioner's Exhibit No. 2 9 was marked for identification.) 10 Q I an showing you what has been marked as 11 Petitioner's Exhibit Number 2. Actually, is that an income 12 and expense statement that you initially prepared this past 13 summer? 14 A Yes. It is. 15 Q You have reviewed it more recently and signed 16 it just last week? 17 A Yes. I did. 18 Q Is that correct? 19 A That, is correct. 20 Q And so far as the totals that are in the 21 block on page three, we did that by hand, did we not? 22 A Yes. We did. 23 Q That. is without a calculator. I think they 24 are accurate, but there was not a calculator used. Is this 25 an accurate statement as best as you can state it of your 6 a 1 expenses? 2 A Yes. It is. 3 Q Some stated on a weekly basis, some on an a 4 monthly basis and some on an annual basis? 5 A Yes. It is. 6 Q And you are paying the mortgage on the 7 property? 8 A Yes. I am. 9 Q We did go to a conference regarding this 10 alimony pende nte lite, and there was an order entered based 11 upon a recommendation which has been appealed which brings 12 us here today . Is that right? 13 A That. is right. 14 Q Have you started receiving those payments? 15 A Yes. I have. 16 Q Do you need those payments in order to meet 17 your daily expenses? 18 A Yes. I do. 19 Q You have one child? 20 A Yes. 21 Q Sierra? 22 A Sierra Killian, yes. 23 Q And she is how old? 24 A Six. 25 Q There is an interim custody order for Sierra 7 • 1 pending a more permanent order while a custody evaluation is 2 being done? 3 A Yes. 4 Q Under the current order you have Sierra for 6 5 overnights out of every 14 days out of every two week 6 period? 7 A Yes. 8 Q And the other eight days she is with her mom? 9 A Yes. 10 MR. ANDREWS: I have no further questions. 11 THE MASTER: Cross. 12 CROSS-EXAMINATION 13 BY MS. LINDSAY: 14 Q Mr. Killian, I would like you to take a look 15 at your Exhibit Number 2, your income and expense statement. 16 I notice you ha ve made some changes since you first prepared 17 that income and expense statement on the first page? 18 A Yes. 19 Q The inheritance retirement account that stood 20 at $40,475.00 - - 21 A Yes. 22 Q Down at the bottom of that you crossed that 23 out and put $25 ;000.00 there. Is that correct? 24 A Yes. I did. 25 Q Why is that? 8 • s 1 A I had to rely on some of that for this 2 emergency. 3 Q You acknowledge that you received at the time 4 of separation all the money that was in the joint checking 5 and savings accounts, do you not? 6 A We didn't have a joint savings account. 7 Q Well then a money market account, some 8 $42,000.00. You got all of that? 9 A Yes. I have. 10 Q You also have the tax refund of $7,000.00 11 from 2004? 12 A Yes. I do. 13 Q And, in fact, Linda didn't take anything but 14 the balance in her checking account in her 401(k) plan when 15 she left. Is that right? 16 A That. is correct. 17 Q You got, all the other assets? 18 A As far as -- 19 Q Everything else the two of you owned? 20 A No. 21 Q You didn't? What else did she get? 22 Furnishings -- she got some furnishings. Anything else? 23 A Just: the furnishings and things out of the 24 house, yes. 25 Q You got the rest. Am I right? 9 1 A That is correct. 2 THE MASTER: Counsel, is there still an 3 outstanding equ itable distribution claim in the divorce 4 action? 5 MR. ANDREWS: Yes. There is. 6 MS. LINDSAY: Yes. 7 THE MASTER: Continue. 8 BY MS. LINDSAY: 9 Q Are you current with your attorney's fees? 10 A Pardon. 11 Q Are you current with your attorney's fees? 12 A Yes. I am. 13 Q Have you received any help from members of 14 your family in order to meet your expenses in the interim 15 here? 16 MR. ANDREWS: Objection. 17 THE MASTER: What is the nature of your 18 objection? 19 MR. ANDREWS: Irrelevant as to whether he has 20 help from famil y. 21 THE MASTER: No. I will hear it. 22 THE WITNESS: No. 23 BY MS. LINDSAY: 24 Q No one has given you any money? 25 A No. 10 • s 1 Q So you have been able to pay your attorney's 2 fees and keep your mortgage current. Am I correct? Is the 3 mortgage current? 4 A Yes. It is. 5 Q You don't want to proceed to a divorce now. 6 Am I right? 7 A No. 8 Q No, I am wrong, or -- I am sorry. I should 9 have asked that question differently. Do you wish to 10 proceed to a divorce now? 11 A No. 12 Q Do you wish to place your house on the market 13 so that you can eliminate the mortgage payment that is a 14 difficulty for you? 15 A No. 16 Q And in fact, you've stated that all along, 17 you didn't want a divorce and you didn't want to sell the 18 property. Am I right? 19 A That is correct. 20 MS. LINDSAY: No other questions. 21 THE MASTER: Redirect. 22 REDIRECT EXAMINATION 23 BY MR. ANDREWS: 24 Q Mr. Killian, Ms. Lindsay asked about a joint 25 money market account or some other type of account. Is that 11 • 0% 1 not, in fact, the same account that you are showing on your 2 first page of your :Exhibit Number 2? 3 A Yes. 4 Q Where it says retirement account on your 5 exhibit, it i s not a sheltered account if you know what I 6 mean by that question? 7 A Could you rephrase that please. 8 Q It's not an IRA, or an account which you 9 deducted off your income tax when you put money in the 10 account? 11 A No. It isn't. 12 Q The term retirement account just reflects 13 what you had hoped to use that account for? 14 A That is correct. 15 Q Is that right? 16 A That is right. 17 Q In so far as other assets are you aware of 18 there being a Bell Federal Credit Union account? 19 A Yes. I am. 20 Q And whose account was that? 21 A That is a joint account in mine and my 22 wife's, Linda . 23 Q when she left did you get that account? 24 A No. I: didn't. 25 Q Who cot that account? 12 • a 1 A My wife did, Linda. 2 Q Do you have any idea how much money was in 3 that account at the time of separation? 4 A No. I don't. 5 Q Have we ever been given any statement of what 6 was in that account? 7 A No. We haven't. 8 Q The reduction of this account on page one 9 basically reflects what you've needed to do to pay your 10 mortgage and pay your attorney's fees? 11 A That is correct. 12 Q And you had no support coming in from the 13 time of separation in the beginning of June until this 14 alimony pendente lice was ordered, I think effective 15 sometime in October I believe? 16 A That is correct. 17 MR. .ANDREWS: No further questions. 18 THE MASTER: Recross. 19 RECROSS EXAMINATION 20 BY MS. LINDSAY: 21 Q With regard to the BELCO account, sir, that's 22 a joint account? 23 A Yes. It is. 24 Q And you have asked for the balance on the 25 date of separation? 13 • i 1 A Yes. I did. 2 Q Have you gon e to BELCO to ask for that 3 information yoursel f? 4 A No. I haven' t. 5 Q Why not? 6 A It's not my place to go and look for it. 7 Q It's a joint account, is it not? 8 A Yes. It is. 9 Q Than k you. 10 MS. LINDSAY: No other questions. 11 MR. ANDREWS: Nothing further. 12 THE MASTER: You may step down, sir. 13 THE WITNESS: Thank you. 14 THE MASTER: Now, Mr. Andrews, do you move 15 for the admi ssion o f Petiti oner's 1 and 2? 16 MR. ANDREWS: I do. 17 THE MASTER: Any objection? 18 MS. LINDSAY: No objection. 19 THE MASTER: They are admitted. 20 (Whereup on, Peti tioner's Exhibits No. 1 21 and No. 2 were admitted into the record.) 22 THE MASTER: Ms. Lindsay. 23 MS. LINDSAY: I will call Linda Killian. 24 THE MASTER: Is there a stipulation, counsel, 25 with respect to the health insurance coverage? 14 • 0 1 MS. LINDSAY: We didn't talk about one. 2 MR. ANDREWS: I think it would be -- the 3 stipulation would be that it would be consistent with as it 4 was processed in the DRO conference. 5 THE MASTER: I notice on the conference 6 summary that Mr. Killian is paying $8.72 bi-weekly for 7 family coverage, and Ms. Killian is paying $9.90 bi-weekly 8 for additional dental and vision. Is that stipulated? 9 MS. LINDSAY: That is stipulated. 10 MR. ANDREWS: Yes, thank you. 11 THE MASTER: Ms. Lindsay. 12 MS. LINDSAY: I will call Linda Killian. 13 DIRECT EXAMINATION 14 BY MS. LINDSAY: 15 Q Ms. Killian, please provide your full name 16 and your address for the record? 17 A Linda E. Killian, 320 East Burd Street, 18 Apartment 2, Shippensburg, Pennsylvania. 19 Q Linda you asked for this divorce, am I 20 correct? 21 A Yes. 22 Q And you were the Plaintiff when you filed it? 23 A Yes. 24 Q Do you remember in what month you filed your 25 complaint? 15 0 • 1 A April. 2 Q Of this year? 3 A Yes. 4 Q You actually moved out of the marital home. 5 When was tha t? 6 A June. 7 Q Of this year? 8 A Yes. 9 Q Before you moved out did we ask Keith and his 10 attorney whe ther or not they would agree to work through 11 some kind of a resolution so that -- 12 MR. ANDREWS: Objection. 13 MS. LINDSAY: If you are going to say leading 14 the witness -- 15 MR. ANDREWS: No. It's just getting into 16 settlement n egotiations which I ventured into at the last 17 hearing and was shut down immediately. 18 THE MASTER: I would sustain the obje ction if 19 I heard the rest of the question. But basically you are 20 asking if yo u entered into potential -- 21 MS. LINDSAY: Settlement negotiations -- 22 THE MASTER: Settlement negotiations, and I 23 will sustain the objection. 24 MS. LINDSAY: Off the record. 25 16 i 0 1 (A discussion was held off the record.) 2 THE MASTER: Back on the record. 3 You can have that letter marked as 4 Respondent's Ex hibit 1 if you so desire. 5 MS. LINDSAY: Yes. Thank you. 6 (Wher eupon, Respondent's Exhibit No. 1 7 was m arked for identification.) 8 BY MS. LINDSAY: 9 Q Linda, I am going to show you a document I 10 have marked as Respondent's Exhibit No. 1. Do you recognize 11 that document? 12 A Yes. 13 Q It is a letter, is it not, from whom to whom? 14 A To us from Keith and his lawyer. 15 Q It's dated May 11, 2005. Am I right? 16 A Yes. 17 Q The first three sentences, would you please 18 read those? 19 THE MASTER: I believe the document is going 20 to speak for it self, Ms. Lindsay, and Mr. Andrews has 21 indicated that he is not objecting to this exhibit, correct? 22 MR. ANDREWS: I am not objecting to that 23 exhibit. 24 BY MS. LINDSAY: 25 Q Have we since the filing of this action 17 s 1 attempted to identify the assets and value them? 2 A Yes. 3 (Whereupon, Respondent's Exhibit No. 2 4 was marked for identification.) 5 Q I am going to show you a document which I am 6 marking as Respondent's Exhibit No. 2. Is this an asset 7 list, or a summary sheet of the assets of the values for 8 which we have exchanged? 9 A Yes. 10 Q If we could just look at the assets. As we 11 look at them here it looks to me like there is a house, four 12 vehicles, four accounts, and some retirement accounts. Does 13 that look right to you? 14 A Yes. 15 Q Of the assets that I have just named, how 16 many have them have remained with Mr. Killian? 17 A Everything except my 401. 18 Q Let's just go through these. You retained a 19 vehicle, but your vehicle has a lien on it? 20 A Right. 21 Q Is that correct? 22 A Correct. 23 Q And he took three vehicles with no lien. Am 24 I right? 25 A Correct. 18 • s 1 Q And these values are Kelley Blue Book values 2 or whatever they -- 3 A Yes, except for the Nova which is a current 4 asking price. 5 Q The bank accounts, did Mr. Killian get all of 6 the bank accou nts except one? 7 A Correct. Yes. 8 Q What. was that one? 9 A My BELCO account. 10 Q That. was a joint account? 11 A Yes. 12 Q Do you recollect about what was in that 13 account at the time of the separation? 14 A It couldn't have been more than $300.00. 15 Q So you got that account and your 401(k)? 16 A Yes. 17 Q There are three other retirement accounts 18 that are ident ified, two of which are IRA's that Mr. Killian 19 received. Is that correct? 20 A Correct. 21 Q Has he given us any information on his PSERS, 22 or any 401(k) plans, which he might have with CV Co-Op, or 23 Hoffman Mills? 24 A Not that I am aware of. 25 Q The tax refund for 2004, did Keith keep that? 19 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. He did. Q You haven't seen any of that $7,000.00? A Right. Q Is that right? A Right. Q I am going to show you a letter which I am marking as Respondent's Exhibit Number 3. (Whereupon, Respondent's Exhibit No. 3 was marked for identification.) What is that letter, the date of that letter, and to whom it was written? MR. ANDREWS: If I could interrupt. Do you have the next exhibit as my response? MS. LINDSAY: Yes. MR. ANDREWS: I will stipulate to those. Those correspondences can go into the record. MS. LINDSAY: Okay. THE MASTER: Do we have an R-4? MS. LINDSAY: Yes. (Whereupon, Respondent's Exhibit No. 4 was marked for identification.) MS. LINDSAY: You have Respondent's Exhibit 3 and 4? THE MASTER: And stipulated to as being admissible. 20 I Next question. 2 (Whereupon, Respondent's Exhibit No. 5 3 was marked for identification.) 4 BY MS. LINDSA Y: 5 Q Linda, let me show you a handwritten exhibit 6 which we will call R-5 and ask you to identify that. 7 A (No audible response.) 8 Q Did you make a list of your expenses? 9 A Yes. I did. 10 Q Does it include the only car payment in your 11 and Mr. Killi an's budget? 12 A Yes. 13 Q Does it include other expenses such as gifts 14 or vacations or any of the other things that appear on 15 Mr. Killian's income and expense statement? 16 A No. 17 Q It does not? 18 A No. 19 Q You pay the day-care costs for your child 20 each month. Is that correct? 21 A Correct. 22 Q How have you afforded to proceed with the 23 divorce and a custody evaluation and to pay your attorney's 24 fees? 25 A I have had to use my credit card for 21 s 1 everything, and the lawyer fees, I paid the retainer fee, 2 but other than that I haven't been able to make many 3 payments on that. 4 Q So you are not current with your attorney's 5 fees? 6 A No. 7 Q Have we written down the amount of the unpaid 8 attorney's fees which is just up to the present time? 9 A Yes. 10 Q How much are those? 11 A $6,662.00. 12 Q Do you know approximately how much in costs 13 for the evaluation for the initial retainer for the move-out 14 expenses that you have that you have charged? 15 A It was $2,500.00 for the retainer, $2,000.00 16 for the custody evaluation, $1,325.00 for the security 17 deposit and the first months rent, and $665.00 for the 18 second months rent because I was still paying part of the 19 mortgage at that time, and -- I can't add that well in my 20 head. 21 Q That's all right. And you charged all of 22 those to credit cards? 23 A Yes. I did. 24 Q What: is the minimum payment that you must 25 make each month on your credit cards? 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 A $350 .00 . Q Have we placed that down on the sheet, correct? A Yes. Q So you have incurred debt in order to proceed here? A Yes. Q Are you receiving help from any other source in paying that debt? A Not at this time, but I will have to. with paying the support now, I will have to get some help from my dad. Q You can't afford to pay the support and keep current with your attorney's fees and your other bills? A No. Q Do you have any cash that is marital that you can access in order to help you with the costs of these proceedings? A That. I can't access? Q That. you can access. A No, not that I can access. Q Linda, did you attempt initially to stay in the marital home long enough to try to conclude all of these economic issues? A Yes. I did. 23 ! • 1 Q And you could not stay? 2 A Correct. 3 Q Thank you. 4 MS. LINDSAY: Cross-examination. 5 CROSS-EXAMINATION 6 BY MR. ANDREWS : 7 Q When you said that this list of assets -- I 8 forget what number exhibit it is -- was an exhibit that we 9 prepared, you meant you and Attorney Lindsay, did you not, 10 prepared that? 11 A I am assuming. I am assuming. 12 Q This is not something that Mr. Killian has 13 signed off on? 14 A No, but it's something we passed back and 15 forth when we were negotiating. 16 Q Mr. Killian also had a spreadsheet that he 17 was sending ov er to Attorney Lindsay. Have you seen that? 18 A I think there was a spreadsheet, yeah. 19 Q On this one -- what was the exhibit sticker 20 on that? 21 A Number two. 22 Q Thank you. Where under bank accounts it has 23 W Account number 849304, what account is that? 24 A BELCO. 25 Q You have this listed as, by W, being your 24 4 i 1 account. Is that right? 2 A I think. I assume W means wife, yeah. 3 Q And there is no amount here? 4 A Yeah. I got the statements, but we were 5 still getting that information together. I think I got six 6 months worth. 7 Q Did you just recently take a trip to Florida 8 and the Baham as? 9 A Yes. I did. And I charged it on my credit 10 card. 11 Q How long of a trip was that? 12 A It was nine days and I planned it over six 13 months ago. 14 Q You say that was charged on your credit card? 15 A Yeah. I went with my sister and my mom. We 16 had already p lanned on going a year ago. 17 Q Do you have an estimate of what that expense 18 was? 19 A It was probably about $2,500.00. 20 Q Now when you say that Keith took the 21 vehicles, in fact, he didn't take anything, did he? I mean, 22 when you left you took the vehicle you had been driving 23 while you wer e in the home. Isn't that correct? 24 A Right., but he took all the keys before I had 25 a chance to d o anything. All the keys were gone. 25 4 1 Q Have you made a request to have the Grand Am? 2 A Well, if I have to sell my vehicle I might. 3 Q But to this point you haven't? 4 A Right. 5 Q Did you ever drive or how often did you drive 6 the Chevy pi ck-up? 7 A When the weather was bad sometimes. 8 Q Has that been the car that Keith typically 9 drives? 10 A Typically. 11 Q And the Chevy Nova was some sort of a classic 12 car that was purchased and being worked on? 13 A Right. 14 Q And that's not something that you were 15 working on, that's something Keith was working on? 16 A Yeah. He didn't really work on it. 17 MR. ANDREWS: No further questions. 18 THE MASTER: Redirect. 19 MS. LINDSAY: Nothing further. 20 THE MASTER: You can step down, thank you. 21 MS. LINDSAY: I move Exhibits 1 through 5. 22 THE MASTER: Any objections? 23 MR. ANDREWS: No objections. 24 THE MASTER: They are admitted. 25 (Whereupon, Respondent's Exhibit Nos. 1 26 • ! 1 MS. LINDSAY: I will rest. 2 THE PIASTER: Any rebuttal testimony? 3 MR. ANDREWS: No. 4 THE MASTER: Close the record for argument. 5 (Whereupon, the hearing was adjourned.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Vicky A. Stephenson Official Stenographer The foregoing record of the proceedings on The hearing of the within matter is hereby approved and Directed to be filed. 6. 2606 Date Michael R. Rundle Support Master 28 ? ? ,. i r. ? t _1 , ') ?_ ,t ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 02/23/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number HIGHMARK INC C/O ATTN: PAYROLL 1800 CENTER ST CAMP HILL PA 17011-1702 167-62-9826 Employee/Obligor's Social Security Number 6462101517 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases m attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 605.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ o. 00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 605.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 139.62 per weekly pay period. $ 279.23 per biweekly pay period (every two weeks). $ 302.50 per semimonthly pay period (twice a month). $ 605. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: FEB 2 4 NOS DRO; R.J. Shadday BY THE COU Edward E, ido Judge Form EN-028 329107686 05-2090 CIVIL O Original OrderlNorce O Amended Order/Notice O Terminate Order/Notice RE:KILLIAN, LINDA E. Employee/Obligor's Name (Last, First, Mp Service Type M OMB No, 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to youremployee. If yo r employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3. *-RePortingthe-Paydate/t3ate of-? g-Yourrtnst-reportthep - pagdate/date nfwithholding-isthedate-orrwhieh-amountwaswithheld-from-thaempioyee`s wager. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2312947230 EMPLOYEE'S/OBLIGOR'S NAME: KILLIAN, LINDA E. EMPLOYEE'S CASE IDENTIFIER: 6462101517 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. 41673 (b)1; or 2) the amounts allowed by the State of the employeeVobligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. I I.Submitted Ely: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type m If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No- 09]0-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KILLIAN, LINDA E PACSES Case Number 329107686 PACSES Case Number Plaintiff Name Plaintiff Name KEITH L. KILLIAN Docket Attachment Amount Docket Attachment Amount 05-2090 CIVIL$ 605.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?lf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(reN's Name(s): DOB ? If checked, you are required to enroll the child(ren) ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Dona No.: 0970 -01sa WorkerID $ IATT ;, _? ??; -,-. „? .. `?;?, ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 03/27/06 Case Number (See Addendum for case summary) EmployerANithholder's Federal EIN Number HIGHMARK INC PO BOX 890089 CAMP HILL PA 17089-0089 167-62-9826 Employee/Obligor's Social Security Number 6462101517 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'sfobligor's income until further notice even if the Order/Notice is not issued by your State. $ o. oo per month in current support $ o . o o per month in past-due support Arrears 12 weeks or greater? Q yes ® no $ 0. 0o per month in current and past-due medical support $ o . o o per month for genetic test costs $ per month in other (specify) for a total of $ 0. oo per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. o o per weekly pay period. $ o. go per biweekly pay period (every two weeks). $ o. oo per semimonthly pay period (twice a month). $ o . go per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEA48ER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: MAR 2 8 2006 DRO: R.J. Shadday Service Type M 329107686 05-2090 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE; KILLIAN, LINDA E. Employee/Obligor's Name (Last, First, MI) BY THE COURT: ?.-- Edward Judge Form EN-028 OMB NO.: 0970A154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If ?hecked you are required to provide a copy of this form to youremployee. If your employee works in a state that is di erent from the state that issued this order, a copy must be provi ded to your employee even if the box is not checked. 1. Priority; Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3. pagdateMatebfwith . You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2312947230 EMPLOYEE'S/OBLIGOR'S NAME: KILLIAN, LINDA E. EMPLOYEE'S CASE IDENTIFIER: 6462101517 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U,S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: * NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.. 0976-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KILLIAN PACSES Case Number 329107686 Plaintiff' Name KEITH L. KILLIAN Docket Attachment Amount 05-2090 CIVIL$ 0.00 Child(ren)'s Name(s): DOB LINDA E. 0 If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?lf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren's Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M OMB quo.. 097M1 54 Worker ID $ IATT r; ,._ ?_, ? ?i - .._ ? - - Pi;-. r.? ,,,; CJ ra (. ^ - .. ?j ? LINDA E. KILLIAN Plaintiff/Respondent V. KEITH L. KILLIAN Defend a nt/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 329107686 05-2090 CIVIL TERM IN RE: HUSBAND'S EXCEPTIONS TO MASTER'S REPORT BEFORE EBERT, J. ORDER OF COURT AND NOW, this 5th day of April, 2006, upon consideration of Husband's exceptions to the Support Master's Report and Recommendations, and for the reasons contained in the accompanying opinion, the exceptions are dismissed. IT IS ORDERED AND DIRECTED that the wife shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendent elite the sum of $605.00 per month. The effective date of this order is September 26, 2005 and the order shall be suspended March 26, 2006. BY THE COURT, \ M.L. Ebert, Jr., J. Taylor P. Andrews, Esquire 78 West Pomfret Street Carlisle, PA 17013 For the Defendant/Petitioner Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 For the Plaintiff/Respondent ?. "1 '. 'i 1'rJ ? ? ??,?... ?.'? ti?? .y 1 ' ij 1' 1.-r ., ?.y J ?, ??, ; -??. r:r?:, LINDA E. KILLIAN Plaintiff/Respondent V. Defend an IN THE COURT OF COMMON PLEAS OF KEITH L. KILLIAN CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 329107686 05-2090 CIVIL TERM IN RE: HUSBAND'S EXCEPTIONS TO MASTER'S REPORT BEFORE EBERT, J. OPINION and ORDER OF COURT EBERT, J., April 5, 2006. This divorce case was commenced on April 22, 2005. For disposition at this time are Keith L. Killian's (hereinafter "Husband") exceptions to a report of the Cumberland County Support Master awarding him alimony pendente lite (APL) of $605.00 per month for a period of six months, effective September 26, 2005. The exceptions are as follows: 1. The Master erred by failing to award an additional amount to assist in the payment of the parties' mortgage. 2. The Master erred in limiting the award of APL to a period of six months.' For the reasons stated in this opinion, Husband's exceptions will be dismissed, and the interim order of court issued on December 21, 2005, in accordance with the support master's recommendations, will be entered as a final order. i Husband's Exceptions to Master's Report and Recommendations, filed December 28, 2005. STATEMENT OF FACTS Linda E. Killian (hereinafter "Wife") and Keith L. Killian were married on April 27, 1996. The parties have one child, Sierra E. Killian, born January 4, 1999. Wife filed a complaint for divorce on April 22, 2005, and the parties separated on or about June 9, 2005, when the wife moved from the marital residence. On June 10, 2005, Husband filed a Petition for Spousal Support. Wife denied liability and a hearing was held before the Support Master who issued a recommended order denying spousal support. Exceptions were timely filed by Husband and briefed by the parties. This court upheld the Master's denial of support. Husband then filed a Petition for APL on September 26, 2005. An office conference was held and Wife timely filed a request for a hearing de novo. That hearing was held on December 19, 2005, at which time the parties stipulated that the transcript from the support hearing could be incorporated into the record and that Wife had net monthly income of $4,122.00, and Husband had net monthly income of $1,729.00.2 After the hearing, on December 21, 2005, upon the recommendations of the Master, an Interim Order of Court was entered awarding APL for a period of six months, effective September 26, 2005, and suspended March 26, 2006.3 There is no dispute that the husband's income is significantly less than the Wife's. Furthermore, the Husband claims monthly expenses of approximately $3,200.00, of which $1,755.00 is the monthly mortgage payment on the marital residence where he continues to reside.4 The Husband has control of a joint checking 2 N.T. 3, Master's Hearing, December 12, 2005 (hereinafter N.T. 3 Interim Order of Court, December 21, 2005, Guido, J. 4 Support Master's Report, Petitioner's Exhibits 1, 2, filed January 3, 2006 (hereinafter Master's Report) account which had a balance at the end of March 2005 in excess of $42,000.00 which he has been depleting to keep the mortgage current.5 The Husband also has control of a joint checking account valued at over $3,500.00 and the parties' 2004 federal income tax refund of $7,000.000. The Wife claims monthly expenses totaling $2,550.006 and has control of a savings account with a balance in March 2005 of $631.00 and also has a 401(k) plan.' At the time of the hearing on December 12, 2005, Husband was current on both the mortgage and his attorneys' fees, while the Wife owed in excess of $6,000.00 in legal costs.8 Wife also has primary custody of the parties' seven-year-old daughter. At the hearing the Husband expressed his continued desire to avoid both the divorce and placing the marital home for sale even though it would eliminate the mortgage payment that is obviously a serious financial burden upon him.9 In fact, based on the net incomes of the parties and the monthly mortgage payment, the stark reality is that it is unlikely that either party following a divorce would be able to maintain the mortgage payments. In awarding the Husband APL for a period of six months, the Master reasoned that "[t]his is not a complex divorce case."10 The equitable distribution involves the marital home, four vehicles (one, used by the Wife, encumbered by a lien), some bank accounts, a 401(k) and some IRAs, and some household goods." The Master determined that these economic issues could "reasonably be prosecuted to completion s N.T. 8-9. 6 Master's Report, Respondent's Exhibit 5. 7 N.T. 18, 19. s N.T. 11, 22. s N.T. 11. 10 Master's Report, p. 4. if Id. in six months." 12 Furthermore, in calculating the monthly APL amount, the Master elected not to employ the mortgage adjustment allowed by Pa.R.C.P. 1910.16-6(e), because the Husband was using marital funds to pay for the mortgage on the marital property. 13 DISCUSSION 1. Standard of Review On a review of a support master's report, the report should be accorded the "fullest consideration," particularly with respect to the credibility of the witnesses. Goodman v. Goodman, 375 Pa. Super. 504, 507, 544 A.2d 1033, 1035 (1988). However, the report is advisory only, and when exceptions are filed the court must conduct its own review of the evidence taken to determine whether the master's recommendations to which exceptions are taken are proper. Id., Rorabaugh v. Rorabaugh, 302 Pa. Super. 1, 3, 448 A.2d 64, 66 (1979). II. Statement of Law APL is defined as "an order of temporary support granted to a spouse during the pendency of a divorce or annulment proceeding." 23 Pa.C.S. §3103. It is intended to ensure that the dependent spouse has equal financial resources to maintain or defend the divorce action where the other party has major assets which are the financial sinews of domestic warfare. Spink v. Spink, 422 Pa. Super. 126, 130, 619 A.2d 277, 279 (1992), DeMasi v. DeMasi, 408 Pa. Super. 414, 420, 597 A.2d 101 (1991), Krakovsky v. Krakovsky, 400 Pa. Super. 260, 267, 583 A.2d 485, 488 (1990). ,2 Id. 13 Id. at FN 5. In adjudicating a claim for APL, a court should consider the following factors: the ability of the other party to pay; the separate estate and income of the petitioning party; and the character, situation, and surroundings of the parties. Litmans v. Litmans, 449 Pa. Super. 209, 221, 673 A.2d 382, 387 (1996). Historically, the mere fact that one party earns less than the other has not automatically entitled him or her to APL. Sutliff v. Sutliff, 326 Pa. Super. 496, 500, 474 A.2d 599, 600 (1984) (overruled on other grounds). Additionally, a petitioner "[s]hould not be allowed to withhold [his or] her consent to the divorce while simultaneously seeking APL." Hoffman v. Hoffman, 350 Pa. Super. 280, 283-84, 504 A.2d 356, 358 (1986). A. Limiting APL to a Six Month Period The Husband asks the court to extend the award of APL for so long as is needed to defend the underlying divorce action. By definition, a dependent spouse is entitled to receive APL for as long as is needed to defend the divorce action - and here the Support Master determined that no more than six months should have been necessary to resolve the relatively straightforward economic issues involved in this case. However, with the six month period about to expire, the Husband has not filed and has not expressed a present intention to file an affidavit consenting to the entry of a divorce decree. He argues that the six month timeframe determined by the Master assumes that the Husband will "surrender his defense and consent to the divorce that he has never wanted." Such refusal is within the Husband's right, and he cannot be compelled to consent. However, an award of APL is intended only to cover the period which the divorce proceedings may, with due diligence, be prosecuted to a conclusion. Bowser v. Bowser, 18 Pa. D. & C. 4m 233 (C.P. 1993), Wargo v. Wargo, 190 Pa. Super. 356,154 A.2d 339 (1959). As the Bowser court in Crawford County, Pennsylvania, reasoned in a similar case, while the dependent spouse should not be forced to do something he does not want to do, solely because of economics, it is equally true that the Husband should not use the receipt of temporary alimony to cause him to delay the divorce proceedings. Bowser v. Bowser, 18 Pa. D. & C. 4th at 236-37. The Husband here would have APL extended until either the granting of the divorce or until the culmination of a two-year separation - meaning that his continued inaction or decision to delay proceedings to which he is opposed would allow him to receive more money. This cannot be the rational result intended by the award of APL. The Bowser court went on to state that "[e]ntitlement to APL needs more than an action pending; it, by definition, requires that the action be proceeding with some degree of speed. Id. at 237. While the Husband cannot be forced into doing something he doesn't want to do, neither should his inaction be rewarded. The Master awarded APL for a period of time sufficient to resolve the economic issues. Had the Husband chosen to participate in the pending litigation, he was awarded APL sufficient to do so. Additionally, the Husband has access to the joint bank account, which he uses to keep the mortgage current and ostensibly to pay his legal fees as well, since at the time of the hearing he had no legal expenses outstanding. The Wife, on the other hand, owes over $6,000.00 in legal costs and used her credit cards for any retainers or amounts paid thus far. While the income of the parties is an important factor, so are the ability of the other pay and the character, situation, and surroundings of the parties. Litmans v. Litmans, 449 Pa. Super. 209, 221, 673 A.2d 382, 387 (1996). The Husband was awarded enough APL to cover the time necessary for this action to be resolved, with due diligence. His inaction may not be punished, but neither does it warrant an extension of APL, particularly where he has access to the majority of remaining joint bank accounts. B. Exclusion of the Mortgage Adjustment from the APL Award The Husband next argues for the application of the mortgage adjustment to the amount of the APL award, pursuant to Pa.R.C.P. 1910.16-6(e). The Master declined to do so on the basis of the Husband's access to the joint bank account and use of those marital funds to keep the mortgage on the marital home current. The trier of fact has discretion whether to utilize adjustments to the basic support obligation calculation determined by the guidelines based on a number of factors. Pa.R.C.P. 1910-16-5. Among those factors are unusual needs and assets of the parties. Id. The Husband relies on two cases in this request, in both of which the Superior Court merely affirms the discretion of the lower court in applying the mortgage adjustment, and in both of which, the final determination of support is at issue, not the temporary assistance APL is meant to offer. Although spousal support and APL are calculated using the same guidelines, they are distinct concepts serving distinct purposes. Horn v. Horn, 388 Pa. Super. 46, 48, 564 A.2d 995, 996 (1989). In 1989, Pennsylvania adopted Rule of Civil Procedure 1910-16-1, providing that the support guidelines were to be used in determining the amount of APL to be awarded. In addition, Rule 1910.1 provides that "the rules of this chapter govern all civil actions or proceedings brought in the court of common pleas to enforce a duty of support, or an obligation to pay [APL]." Based on this principle, the Husband argues that, where an application of the guidelines to the parties' net incomes would yield a sum owing to a claimant for APL, an award should be made without regard to an initial determination of entitlement in accordance with the traditional prerequisites for APL. The 1994 comment to Rule 1910.1 conflicts with this reasoning. It states that "[n]othing in this rule should be interpreted to eliminate the distinctions between spousal support and alimony pendente lite which are established by case law." Instead, as the Honorable Edgar B. Bayley of this court observed, "[w]hat has been erased regarding the distinction between spousal support and alimony pendente lite is the way that the amount of an alimony pendente lite is calculated, not the distinct concepts that underlie those causes of action." Little v. Little, 47 Cumberland L.J. 131, 134 (1998). Merely because the trier of fact has the discretion to apply the mortgage adjustment in calculating APL does not necessarily make it appropriate in every situation in which one party is solely responsible for the mortgage payment. Not only does the Husband have sole access to the marital funds from which to pay the mortgage, he has also chosen to refuse to cooperate in the sale of the residence despite the inability of either party alone to pay the mortgage based on their individual incomes. The mortgage payment on the marital home exceeds the Husband's monthly income. In this case, the Master's determination to elect not to apply the mortgage adjustment was proper and Husband's exceptions are dismissed. ORDER OF COURT AND NOW, this 5th day of April, 2006, upon consideration of Husband's exceptions to the Support Master's Report and Recommendations, and for the reasons contained in the accompanying opinion, the exceptions are dismissed. IT IS ORDERED AND DIRECTED that the wife shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendent elite the sum of $605.00 per month. The effective date of this order is September 26, 2005 and the order shall be suspended March 26, 2006. BY THE COURT, "\ M.L. Ebert, Jr., J. Taylor P. Andrews, Esquire 78 West Pomfret Street Carlisle, PA 17013 For the Defendant/Petitioner Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 For the Plaintiff/Respondent LINDA E. KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE NO. 05-2090 CIVIL TERM KEITH L. KILLIAN Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 22, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and 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. Date: n d y 16 , 2- Op to Linda E. Killian PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAUDIS, FLOWER & LINDSAY nrrotwets . 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and 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. Date: / JOI( 0,200l- Linda E. Killian b&,nd. C U'b CL ,\ c'? r-,a ?"7 C4) -> t ?'? ? -t, ? : G; . ?: C r? ?. ?. ? _ s? ?' F• .. ?? ? C'.?) ?? + ru =-', y ??' LINDA E. KILLIAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE KEITH L. KILLIAN IN DIVORCE Defendant : NO. 05-2090 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3 301(c) of the Divorce Code was filed on April 22, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. § 4904, relating to unsworn falsification to authorities. Date: //- C-) , /'?' /?, ;'-d / A ? Keith L. Killian, De endant r ? ?- -r- v_.. c5; - a --,ry LINDA E. KILLIAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE KEITH L. KILLIAN IN DIVORCE Defendant : NO. 05-2090 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without 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. §4904, relating to unsworn falsification to authorities. Date: 06 1?? / Keith L. Killian, Defendant r? "r ire s?. t-. { Y CAf f? w^['t 'ji -% LINDA E. KILLIAN, Plaintiff V. KEITH L. KILLIAN Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 05-2090 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant's counsel accepted service of the Complaint on May 9, 2005. An Acceptance of Service was filed with the Court on May 10, 2005. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was signed: By Plaintiff: November 10, 2006 and filed with the Prothonotary on November 13, 2006. By Defendant: November 8, 2006 and filed with the Prothonotary on November 13, 2006. 4. Related claims pending: None. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: November 10, 2006 and filed with the Prothonotary on November 13, 2006. By Defendant: November 8, 2006 and filed with the Prothonotary on November 13, 2006. SAIDIS, FLOWER & LINDSAY ATTORNEYS•AT.uw 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY Carol J. Lind*ay, Esquire Supreme C D No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 -. CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Taylor Andrews, Esquire Andrews & Johnson 78 West Pomfret Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Carol J. Linds y, sgbire Supreme CoCrPD No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: 0- 13-0( SAIDIS, FT-ONWR Si LMDSAY nnonr?ets nruw 26 West High Street Carlisle, PA ("1 P.? ? ?? i ) _., ca-+ -? C.ni _ T_ _"" ` ?,_ Ct ?i . - r.? ??? I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LINDA E. KILLIAN No. 05-2090 VERSUS KEITH L. KILLIAN DECREE IN DIVORCE _o AND NOW, 0,0.Aje, ,? ,d)OAP , IT IS ORDERED AND LINDA E. KILLIAN DECREED THAT PLAINTIFF, AND KEITH L. KILLIAN DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the Separation and Property Settlement Agreement dated November 8, 2006 are incorporated, but not merged, into *s Decree i?Divorce. BY ATTEST: J. PROTHONOTARY evv"Ir, /z!o Petition for Modification of Custody Order Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Petitioner. Keith L. Killian IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA E. KILLIAN , V. KEITH L. KILLIAN, Plaintiff NO. 05-2090 : CIVIL ACTION - LAW IN CUSTODY Defendant PETITION FOR MODIFICATION OF CUSTODY ORDER DATED AUGUST 2, 2005 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, 2009, the Petitioner, hereby petitions this Honorable Court r the modification of the Custody Order dated August 2, 2005, and -at respectfully represents that: 1. Your Petitioner is Keith L. Killian, residing at 16 Creek Lane, Newville, Cumberland County, Pennsylvania. Petitioner is hereinafter referred to as "Father". 2. Your Respondent is Linda E. Killian, residing at 8 Briarcliff Drive, Shippensburg, PA. Respondent is hereinafter referred to as "Mother". 3. Mother and Father are the parents of a minor child, to wit: Sierra E. Killian, age 10 , (DOB 1/4/1999) Sierra is hereinafter referred to as "the Child". 4. On August 2, 2005 an Order of Court was entered pertaining to custody of the Children. The August 2, 2005 Order is hereinafter referred to as the "8/2/05 -2- Order". A true and correct copy of the 8/2/05 Order is attached hereto, marked Exhibit "A" and made a part hereof. 5. In accordance with the terms of the 8/2/05 Order the parties share legal and physical custody of the Children. 6. Father is seeking the modification of the 8/2/05 Order because he feels that it is in the Child's best interest to grant him primary physical custody of the Child, or at the very least joint physical custody of the Child. 7. Father requests that the 8/2/05 Order be modified to provide as follows: A. The parties will continue to have joint legal custody of the Child: B. Father should be granted primary physical custody of the Child C. Mother should be granted partial physical custody of the Child in accordance with a schedule to be established by the Court. WHEREFORE, the Father/ Petitioner respectfully requests this Honorable Court to modify the 8/2/05 Order in accordance with the requests of the Father/ Petitioner. Respectfully submitted, eMNE-G. DCLIFF, ESQUIRE e Road Camp Hill, PA 1 7011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Petitioner - 3 - VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. KEW H L. KILLIAN Date: !V- / 7- 0 f EXHIBIT "A" 8/5/05 CUSTODY ORDER - 5 - RECEIVED AUu 01 0 LINDA E. KILLIAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2090 CIVIL TERM KEITH L. KILLIAN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of Au5 , 2005, upon consideration of the attached Custody Conciliation R ort, it is ordered and directed as follows: 1. The prior Orders of Court dated June 20, 2005, July 11, 2005 and July 19, 2005 are hereby vacated. 2. The Mother, Linda E. Killian and the Father, Keith L. Killian, shall have shared legal custody of Sierra E. Killian, born January 4, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. The parents shall have shared physical custody of the child as follows: 4. A. Beginning July 29, 2005 Father shall, on alternating weeks, have physical custody of the child from Friday after work or after school, to Tuesday morning when he shall arrange to have the child taken to school or the babysitter. B. On the off week, Father shall have physical custody from Monday after school or work to Wednesday morning when Father shall arrange to have the child taken to school or the babysitter. C. Mother shall have physical custody of the child when Father does not have physical custody. D. Such other times as the parties agree. E. Grandparents shall see the child during Father's periods of physical custody. 5. Holidays: The holiday schedule shall take precedence over the other times set forth in this Order. A. Thanksgiving, 2005: Father shall have physical custody of the child from Wednesday before Thanksgiving to Friday at 8:00 p.m. Mother En i LEI G r , lf'? i shall have physical custody of the child from Friday after Thanksgiving at 8:00 p.m. to December 4. Mother shall provide makeup time to Father as agreed and the resumption of the alternating week schedule will be as agreed. B. Christmas, 2005: Christmas shall be divided into two Blocks. Block A shall run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have physical custody of the child for Block A in 2005 and Father shall have physical custody of the child for Block B in 2005. 6. Both parties shall be entitled to reasonable telephone contact with the child which is considered one phone call per day unless an emergency arises. 7. The parties shall cooperate with a custody evaluation to be conducted by Arnold Sheinvold at the expense of the parties. 8. This Order is entered pursuant to an agreement of the parties at a custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Conciliator to schedule another Conciliation Conference once the custody evaluation is complete. BY THE COURT, J. Yjesley Oler,`11J, cVCarol J. Lindsay, Esquire, Counsel for Mother ,-Xylor P. Andrews, Esquire, Counsel for Father pAuby D. Weeks, Esquire, Counsel for paternal grandparents 0 LINDA E. KILLIAN, Plaintiff V. KEITH L. KILLIAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2005-2090 CIVIL TERM CIVIL ACTION • LAW IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: . NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sierra E. Killian January 4, 1999 Mother 2. A Conciliation Conference was held in this matter on July 29, 2005, with the following individuals in attendance: The Mother, Linda E. Killian, with her counsel, Carol J. Lindsay, Esquire, Father, Keith L. Killian, with his counsel, Taylor P. Andrews, Esquire and paternal grandparents, Garret Duane Stum and Doris D. Stum, with their counsel, Ruby D. Weeks, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court dated July 19, 2005 continuing the prior Orders of Court dated dune 20, 2005 and July 11, 2005 and scheduling another Conciliation Conference for July 29, 2005. 4. The parties agreed to the entry of an Order in the form as attached. Date ----c ' acqu ine M. Verney, Esquire Custody Conciliator THrr. 2009 APR 27 F't 470.00 PO !4TW cew 453C> 93*'ol&4a Wv LINDA E. KILLIAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH L. KILLIAN DEFENDANT 2005-2090 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 30, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 28, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: ts/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Kew r > I,?'.)k t, lei'. ?oa -30 ?/ 38 LINDA E. KILLIAN, Plaintiff V. KEITH L. KILLIAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-2090 IN CUSTODY THE HONORABLE J. WESLEY OLER, JR. PETITION FOR MODIFICATION OF CUSTODY 1. Petitioner is Linda E. Killian, an adult individual currently residing at 8 Briarcliff Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Respondent is Keith L. Killian, an adult individual currently residing at 16 Creek Lane, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of one child, namely, Sierra E. Killian, born January 4, 1999. The child was born during wedlock. For the past five years or since the child's birth, the child has resided with the FIA3WER & IZA3s" MIENNOW 26 West High Street Carlisle, PA following persons at the following address for the following periods of time. NAME ADDRESS DATE Linda E. Killian 8 Briarcliff Drive 2005 to present on shared Shippensburg, PA 17257 custody basis Keith L. Killian 16 Creek Lane 2005 to November 2008 Newville, PA 17241 on shared custody basis Keith L. Killian and 16 Creek Lane November 2008 to present Shelly Killian Newville, PA 17241 on shared custody basis The natural mother of the child is Petitioner, who resides as aforesaid. She is single. The natural father of the child is Respondent, who resides as aforesaid. He is married. 4. The relationship of the Petitioner to the child is that of natural mother. The Petitioner currently resides with the child at issue on a shared custody basis. 5. The relationship of the Respondent to the child is that of natural father. The Respondent currently resides with the child on a shared custody basis, and with his new wife, Shelly Killian. 6. The parties currently are subject to an Order of Court dated August 2, 2005, which was entered by agreement of the parties. A copy of this Order is attached hereto and incorporated herein as Exhibit "A." 7. The parties have been following the terms of this Order consistently, as they relate to periods of physical custody on a week to week basis. 8. The best interest and permanent welfare of the children would be served by granting the relief request because: a) Since the entry of the Order, circumstances of the parties have changed such that Petitioner believes it is appropriate for the terms of their custody Order to be modified so that she exercises primary physical custody of their daughter. b) Since the entry of the prior Order, the parties have participated in a custody evaluation with Dr. Arnold Shienvold, dated May 3, 2006. C) At the time of the evaluation, it was recommended that Petitioner remain the primary custodian, with the current schedule remaining in place, so long FLOWER & L1IVDSAY AIKENNOW 26 West High Street Carlisle, PA as some specific parental behaviors were modified. d) At the time of separation and during the evaluation process, Respondent projected his feelings and attitudes regarding Petitioner toward the child; he consistently made negative comments about Petitioner in front of child. e) Respondent continues to make negative comments about Petitioner in front of the child, therefore continuing to project his negative feelings and attitudes regarding Petitioner toward the child. f) Due to Respondent's negative behavior and attempts to alienate Petitioner, the child expresses negative feelings about her mother. g) At the time of the evaluation, it was recommended that if it should FLOWER & UNDSAY 26 West High Street Carlisle, PA ever occur that the child would express negative feelings about her mother secondary to Respondent's behavior, it would be necessary to limit Respondent's time with the child. h) Presently, Respondent has refused to communicate directly with Petitioner for approximately the last three months, sending only minimal responses through the child and only when necessary. i) Respondent discusses parenting issues with the child frequently. j) During the week of March 16, Petitioner called Respondent to request custody of the child on Easter day and to request that the parties attend co- parenting counseling; Respondent did not return the phone call. Upon the child's return to Petitioner's home for her regularly scheduled period of custody, the child told her mother she "hated her, [mother] was mean, and that Daddy wanted to have more time with her on Easter." These were not things that Petitioner discussed with the child and things only Respondent could have discussed with her. k) On the Easter holiday, Petitioner called Respondent to verify the schedule, whereupon Respondent became angry and requested additional time with the child for himself, yelling at Petitioner. When the parties exchanged custody at the designated time, the child requested to stay at her paternal grandmother's for an overnight visit, to which Petitioner did not allow. The child became very upset, cried and yelled at Petitioner, "I hate you, you're mean, you're selfish and you always get your way, you want to keep me from my Dad and my Nanny, Daddy lets you have me any time you want and you never let him have me when he asks, Daddy needs more time with me because there are two sets of families to visit now." 1) Respondent continues to make derogatory remarks and express his own negative feelings about Petitioner of this nature in front of the child, thereby encouraging the child to have negative feelings about her mother. m) Counseling for the child was initiated by agreement of the parties with Mary Jo Hardick on December 3, 2008. n) On or about April 14, 2009, the child's counselor contacted Petitioner to advise that she had been contacted by Respondent and that he had rescinded his permission for counseling for the child. o) Respondent did not discuss with Petitioner first the decision to discontinue counseling for the child; he did this without Petitioner's consent. P) Petitioner desires for the child to continue with counseling since she believes that the child's negative statements are an expression of her father's continuing negative statements about Petitioner in her presence and are having an extremely negative consequence on their mother/daughter relationship, and because with the continued counseling Petitioner believed the child was making progress with her behavior issues, though they are far from being resolved. q) At the time that the counselor indicated to Petitioner that Respondent FLOWER IS,& UNDS" 26 West High Street Carlisle, PA rescinded his permission for child's counseling to continue, the counselor suggested that the parties attempt co-parenting counseling if continued issues between them were not resolved. r) Petitioner has requested that she and Respondent participate in co- parent counseling but Respondent does not cooperate with this request. S) Petitioner desires a custody schedule whereby she exercises primary physical custody and Respondent's time is limited, as recommended by the custody evaluation, until Respondent modifies his behavior substantially. 9. Petitioner has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. All other persons named below, who are meant to have or claim to have a right to custody or visitation of the child, will be given notice of the proceedings of this action and the right to intervene: None. 11. Petitioner does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Petitioner requests your Honorable Court to enter an Order granting her shared legal and primary physical custody of the child. Respectfully submitted, SAIDIS, FLOWER & LINDSAY DER & LINDSAY 26 West High Stmt Carlisle, PA Carol J. Lindsay-; trGke Supreme Cou ID o. 44693 26 West Hig eet Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff/Petitioner RECEIVED WUS 01 ?6 LINDA E. KILLIAN, Plaintiff V. KEITH L. KILLIAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2090 CIVIL TERM CIVIL ACTION - :LAW IN CUSTODY AND NOW, this -24 day of 14 , 2005, upon consideration of the attached Custody Conciliation ort, it is ordered and directed as follows: 1. The prior Orders of Court dated June 20, 2005, July 11, 2005 and July 19, 2005 are hereby vacated. 2. The Mother, Linda E. Killian and the Father, Keith L. Killian, shall have shared legal custody of Sierra E. Killian, born January 4, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. The parents shall have shared physical custody of the child as follows: 4. A. Beginning July 29, 2005 Father shall, on alternating weeks, have physical custody of the child from Friday after work or after school. to Tuesday morning when he shall arrange to have the child taken to school or the babysitter. B. On the off week, Father shall have physical custody from Monday after school or work to Wednesday morning when Father shall arrange to have the child taken to school or the babysitter. C. Mother shall have physical custody of the child when Father does not have physical custody. D. Such other times as the parties agree. E. Grandparents shall see the child during Father's periods of physical custody. 5. Holidays: The holiday schedule shall take precedence over the other times set forth in this Order. A. Thanksgiving, 2005: Father shall have physical custody of the child from Wednesday before Thanksgiving to Friday at 8:00 p.m. Mother EXHIBIT ORDER OF COURT shall have physical custody of the child from Friday after Thanksgiving at 8:00 p.m. to December 4. Mother shall provide makeup time to Father as agreed and the resumption of the alternating week schedule will be as agreed. B. Christmas, 2005: Christmas shall be divided into two Blocks. Block A shall run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have physical custody of the child for Block A in 2005 and Father shall have physical custody of the child for Block B in 2005. 6. Both parties shall be entitled to reasonable telephone contact with the child which is considered one phone call per day unless an emergency arises. 7. The parties shall cooperate with a custody evaluation to be conducted by Arnold Sheinvold at the expense of the parties. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Conciliator to schedule another Conciliation Conference once the custody evaluation is complete. BY THE COURT, J. Wesley Oler,''K cr,arol J. Lindsay, Esquire, Counsel for Mother ,,7161or P. Andrews, Esquire, Counsel for Father y,Ruby D. Weeks, Esquire, Counsel for paternal grandparents D? VERIFICATION I verify that the statements made in the foregoing document are true and correct. I that false statements herein are made subject to the penalties of 18 Pa.C.S. Section relating to unsworn falsifications to authorities. TE: a q a 004 LINDA E. KILLIAN, Plaintiff/Petitioner &AUDISP F O WM & LINDSAY AURNIEMbaw" 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this 11 day of May, 2009, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 SAIDIS, FLOWER & LINDSAY Carol J. Linds?sq ire' Supreme Cou ID W. 44693 26 West High Streret Carlisle, PA 17013 717-243-6222 FLOWER 8t LINDSAY 26 West High Street Carlisle, PA 2u?7 M19t f i i 2: E ? f. i? 76-06 ?L"? coo LINDA E. KILLIAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-2090 CIVIL ACTION LAW KEITH L. KILLIAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 06, 2009 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 09, 2009 _ __ at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: _/s/ Jacqueline M. Verney, Esq. 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 ?r 2009 MAY -6 PI-i 3: 27 ?? ;!. r V U,v ,.. 4,14 MAY 2 9 20096 LINDA E. KILLIAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2090 CIVIL ACTION - LAW KEITH L. KILLIAN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of -'-kp c.., , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the day of 2009, at J Ci o'clock,. M., at which time testimony will be taken. 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. Pending further Order of Court or agreement of the parties, the prior Order of Court dated August 2, 2005 shall remain in full force and effect with the following additions. 3. The parties shall cooperate with an updated custody evaluation by Dr. Shienvold. Mother shall pay for said evaluation, but reserves the right to petition the court for the costs to be prorated. 4. The parties shall cooperate with the child attending counseling with Sue Heath of Mock Mays. 5. Neither party will discuss custody matters with the child. 6. Neither party will do or say anything, not permit a third party from doing or saying anything that may estrange the child from the other party, 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. 7. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: piane G. Radcliff, Esquire, counsel for Father ./Carol J. Lindsay, Esquire, counsel for Mother eo ?? ?tL?L X/yI BY THE COURT, LINDA E. KILLIAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2090 CIVIL ACTION - LAW KEITH L. KILLIAN, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sierra E. Killian January 4, 1999 Mother 2. A Conciliation Conference was held May 28, 2009 with the following individuals in attendance: The Father, Keith L. Killian, with his counsel, Diane G. Radcliff, Esquire, and the Mother, Linda E. Killian, with her counsel, Carol J. Lindsay, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated August 2, 2005 providing for shared legal custody, Mother having primary physical custody and Father having six overnights every two weeks. 4. Father's position on custody is as follows: Father filed a Petition to Modify. Father seeks shared legal and primary physical custody, citing the child's negative comments concerning Mother. Father is willing to cooperate with a custody evaluation update to be performed by Dr. Shienvold, provided it can be completed prior to the start of school and that he not contribute to the cost. He is in agreement with the child resuming counseling with Sue Heath at Mock Mays. He denies that he unilaterally withdrew her from counseling. He claims he discussed it with Mother and withdrew his consent because the child did not like the counselor. He is also in agreement that neither party should discuss custody issues with the child and neither use disparaging remarks about the other in front of the child. 5. Mother's position on custody is as follows: Mother filed a Petition to Modify. Mother seeks shared legal custody and primary physical custody, limiting Father's periods of partial physical custody until he stops the alleged negativity toward Mother. Mother claims that Father unilaterally withdrew the child from counseling. She is in agreement to resume counseling with Sue Heath at Mock Mays. Mother is willing to pay for the updated custody evaluation, but reserves the right to petition the court for the costs to be prorated. She is in agreement that neither party discuss custody issues with the child and neither use disparaging remarks about the other in front of the child. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, maintaining the status quo with the additional provisions agreed to by the parties. It is expected that the Hearing will require one day. Date ac line M. Verney, Esquire Custody Conciliator LINDA E. KILLIAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2005-2090 KEITH L. KILLIAN, IN CUSTODY Defendant THE HONORABLE J. WESLEY OLER, JR. PETITION FOR A CONTINUANCE PURSUANT TO PA. R.C.P 1915.8 AND NOW COMES, Linda E. Killian, by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are parents of a child, Sierra E. Killian, born January 4, 1999. 2. Custody of Sierra is controlled by the Court's Order of August 2, 2005, as amended by the Conciliation Order of June 2, 2009. A copy of the August 2, 2005 Order is attached hereto as Exhibit "A" and the June 2, 2009 Order as Exhibit "B". 3. In 2005, the parties underwent a custody evaluation by Dr. Arnold Shienvold who issued a report on May 3, 2006. 4. Subsequent to the issuance of the custody report, neither party sought to amend the initial Order in this case, that of August 2, 2005. 5. Both parties sought modification of the Court's Order, Defendant on April 27, SAMIS, FLOWER & LENDS" 26 West High Street Carlisle, PA 2009 and Plaintiff on May 4, 2009. The conciliation conference required the parties to cooperate with an updated custody evaluation by Dr. Shienvold. 6. The parties did participate in the custody evaluation, but Dr. Shienvold's report has not yet been issued. Upon information and belief, Dr. Shienvold's report will be prepared and distributed at some time during the week of September 28, 2009. 7. The hearing on custody is scheduled for October 7, 2009. 8. Rule 1915.8(b) deals with physical and mental examinations of persons and permits custody evaluations. Subsection (b) states in pertinent part: "Unless otherwise directed by the Court, the expert shall deliver to the Court, to the attorneys of record and to any unrepresented party, copies of any reports arising from the evaluation, setting out the findings, results of all tests made, diagnosis and conclusions.... Any report which is prepared at the request of a party, with or without a Court Order, and which a party intends to introduce at trial, must be delivered to the Court and the other party at least thirty (30) days before trial." 8. Upon information, one party or the other in the captioned case will call the evaluator as a witness in order to introduce his report. 9. The report of Dr. Shienvold has not yet been received and cannot be received thirty (30) days prior to the hearing set for October 7, 2009. 10. Counsel for Defendant does not agree with the relief requested. 11. The Honorable J. Wesley Oler, Jr. has been assigned to this case. WHEREFORE, Petitioner prays this Honorable Court to continue the hearing set for October 7, 2009 for a month to permit the receipt of the report and preparation for trial in light of its contents. Respectfully submitted, SAIDIS, FLOWER & LINDSAY SAIDIS, LENDS" 26 West High Street Carlisle, PA Carol J. Lindsay, E (Tuire Supreme Cou No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff Linda Killian RECEIVED AUG 01 01 LINDA E. KILLIAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2090 CIVIL TERM KEITH L. KILLIAN, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2005, upon consideration of the attached Custody Conciliation RT4oit, it is ordered and directed as follows: 1. The prior Orders of Court dated June 20, 2005, July 11, 2005 and July 19, 2005 are hereby vacated. 2. The Mother, Linda. E. Killian and the Father, Keith L. Killian, shall have shared legal custody of Sierra E. Killian, born January 4, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. The parents shall have shared physical custody of the child as follows: 4. A. Beginning July 29, 2005 Father shall, on alternating weeps, have physical custody of the child from Friday after work or after school, to Tuesday morning when he shall arrange to have the child taken to school or the babysitter. B. On the off week, Father shall have physical custody from Monday after school or work to Wednesday morning when Father shall arrange to have the child taken to school or the babysitter. C. Mother shall have physical custody of the child when Father does not have physical custody. D. Such other times as the parties agree. E. Grandparents shall see the child during Father's periods of physical custody. 5. Holidays: The holiday schedule shall take precedence over the other times set forth in this Order. A. Thanksgiving, 2005: Father shall have physical custody of the child from Wednesday before Thanksgiving to Friday at 8:00 p.m. Mother shall have physical custody of the child from Friday after Thanksgiving at 8:00 p.m. to December 4. Mother shall provide makeup time to Father as agreed and the resumption of the alternating week schedule will be as agreed. B. Christmas, 2005: Christmas shall be divided into two Blocks. Block A shall run from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have physical custody of the child for Block A in 2005 and father shall have physical custody of the child for Block B in 2005. 6. Both parties shall be entitled to reasonable telephone contact with the child which is considered one phone call per day unless an emergency arises. 7. The parties shall cooperate with a custody evaluation to be conducted by Arnold Sheinvold at the expense of the parties. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Conciliator to schedule another Conciliation Conference once the custody evaluation is complete. BY THE COURT, J. Wesley Oler,'I ' go' J. cq, arol J. Lindsay, Esquire, Counsel for Mother ?ylor P. Andrews, Esquire, Counsel for Father ,Ruby D. Weeks, Esquire, Counsel for paternal grandparents 6? MAY ? 9 2009 (1 LINDA E. KILLIAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2090 CIVIL ACTION - LAW KEITH L. KILLIAN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this -.,2?ay of Jtl-L1r _, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I . A Hearing is schedpled in Court Room No. _I , of the Cumberland County Court House, on the day of e ? L i2 2009, at 36 o'clock, k. M.. at which time testimony will be taken. 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. Pending further Order of Court or agreement of the parties, the prior Order of Court dated August 2, 2005 shall remain in full force and effect with the following additions. 3. The parties shall cooperate with an updated custody evaluation by Dr. Shienvold. Mother shall pay for said evaluation, but reserves the right to petition the court for the costs to be prorated. 4. The parties shall cooperate with the child attending counseling with Sue Heath of Mock Mays. 5. Neither party will discuss custody matters with the child. 6. Neither party will do or say anything, not permit a third party from doing or saying anything that may estrange the child from the other party, 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. 7. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 4eslJ.ey "Oler? Jr., J. cc: Diane G. Radcliff, Esquire, counsel for Father Carol J. Lindsay, Esquire, counsel for Mother 9 LINDA E. KILLIAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-2090 CIVIL ACTION - LAW KEITH L. KILLIAN, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sierra E. Killian January 4, 1999 Mother 2. A Conciliation Conference was held May 28, 2009 with the following individuals in attendance: The Father, Keith L. Killian, with his counsel, Diane G. Radcliff, Esquire, and the Mother, Linda E. Killian, with her counsel, Carol J. Lindsay, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated August 2, 2005 providing for shared legal custody, Mother having primary physical custody and Father having six overnights every two weeks. 4. Father's position on custody is as follows: Father filed a Petition to Modify. Father seeks shared legal and primary physical custody, citing the child's negative comments concerning Mother. Father is willing to cooperate with a custody evaluation update to be performed by Dr. Shienvold, provided it can be completed prior to the start of school and that he not contribute to the cost. He is in agreement with the child resuming counseling with Sue Heath at Mock Mays. He denies that he unilaterally withdrew her from counseling. He claims he discussed it with Mother and withdrew his consent because the child did not like the counselor. He is also in agreement that neither party should discuss custody issues with the child and neither use disparaging remarks about the other in front of the child. 5. Mother's position on custody is as follows: Mother filed a Petition to Modify. Mother seeks shared legal custody and primary physical custody, limiting Father's periods of partial physical custody until he stops the alleged negativity toward Mother. Mother claims that Father unilaterally withdrew the child from counseling. She is in agreement to resume counseling with Sue Heath at Mock Mays. Mother is willing to pay for the updated custody evaluation, but reserves the right to petition the court for the costs to be prorated. She is in agreement that neither party discuss custody issues with the child and neither use disparaging remarks about the other in front of the child. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, maintaining the status quo with the additional provisions agreed to by the parties. It is expected that the Hearing will require one day. Date ac eline M. Verney, Esquire Custody Conciliator CERTIFICATE OF SERVICE On this _71 day of September, 2009, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 SAIDIS, FLOWER & LINDSAY f Carol J. Lindsay s lre Supreme Courto. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FWNVIE R & LINDSAY ,?Tu 26 West High Street Carlisle, PA Fib 29G9 S,EP 28 11 9,: 5 cufv:. LINDA E. KILLIAN Plaintiff V. KEITH L. KILLIAN, Defendant- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2090 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR A CONTINUANCE PURSUANT TO PA. R.C.P. 1915.8 ORDER OF COURT AND NOW, this 300' day of September, 2009, upon consideration of the above petition, Plaintiff's Petition for a Continuance Pursuant To Pa. R.C.P. 1915.8, and following a telephone conference on this date with Carol J. Lindsay, Esq., attorney for Plaintiff, and Diane G. Radcliff, Esq., attorney for Defendant, and counsel having indicated Dr. Shienvold's report will be available before the hearing scheduled for October 7, 2009, the petition is denied. J. ,Qeol J. Lindsay, Esq. 27 West High Street Carlisle, PA 17013 Attorney for Plaintiff lane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant :rc J BY THE COURT, tHMR' AR 1109 SEP 30 PM 4= 32 "e2M LINDA E. KILLIAN, Plaintiff v KEITH L. KILLIAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 05-2090 CIVIL TERM IN RE: PETITIONS FOR MODIFICATION OF CUSTODY ORDER OF COURT AND NOW, this 7th day of October, 2009, upon consideration of (a) Defendant's Petition for Modification of Custody Order dated August 2, 2005, filed April 27, 2009, and (b) Plaintiff's Petition for Modification of Custody filed May 1, 2009, with respect to the parties' child Sierra E. Killian (date of birth, January 4, 1999), and following an initial period of hearing on October 7, 2009, which has not yet been completed, the record shall remain open, and counsel are requested to contact the Court's secretary for purposes of scheduling a further day of hearing in this case. It is noted that at the time of adjournment on today's date the Father had presented his own testimony, and the Mother had presented the testimony of Dr. Arnold T. Shienvold, and was in the process of testifying on Cross Examination herself. It is further noted at the time of adjournment on today's date Defendant's Exhibits 2 and 3 had been identified and admitted, and Defendant's Exhibits 1 and 4 had been identified, but refused as to admission, Plaintiff's Exhibits 1, 2, and 3 had been identified and admitted. no other exhibits had been identified or admitted. Neither counsel has requested that the notes of testimony from today's proceeding be transcribed and filed. - Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 F Plaintiff Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 For Defendant :mae (2o ?? rylaLLSCL olQ ?? By the Court, FILED"-+: rr wE 20119 0 C T -" P.11 3: 01 LINDA E. KILLIAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KEITH L. KILLIAN, Defendant NO. 05-2090 CIVIL TERM INTERIM ORDER OF COURT AND NOW, this 14th day of October, 2009, upon consideration of (a) Defendant's Petition for Modification of Custody Order Dated August 2, 2005, filed April 27, 2009, and (b) Plaintiff's Petition for Modification of Custody, filed May 1, 2009, with respect to the parties' child, Sierra E. Killian (d.o.b. January 4, 1999), and following an initial period of hearing on October 7, 2009, which has not yet been completed, it is ordered and directed as follows pending further hearing and further order of court: 1. Except as modified herein below, the terms of the order of court dated August 2, 2005, shall remain in full force and effect; 2. Pursuant to an agreement of counsel, the parties shall utilize the services of a parent coordinator and shall furnish to the court a stipulated order for its signature to this effect; 3. Pursuant to an agreement of counsel, the holiday schedule to be observed by the parties is as follows: a. Easter shall run from 6:00 p.m. on the night before Easter until 6:00 p.m. on Easter Sunday. Mother shall have the child on Easter in even numbered years; Father shall have the child in odd number years. b. Memorial Day will run from 6:00 p.m. the night before Memorial Day until 6:00 p.m. on Memorial Day. Mother shall have the child for Memorial Day in odd numbered years; Father shall have the child in even numbered years. c. Independence Day shall run from 6:00 p.m. the night before Independence Day until 6:00 p.m. on the Independence Day. Mother shall have the child for Independence Day in even numbered years; Father shall have the child in odd numbered years. d. Labor Day runs from 6:00 p.m. the evening before Labor Day until 6:00 p.m. on Labor Day. Mother shall have the child in odd numbered years; Father shall have the child in even numbered years. e. Thanksgiving shall run from 6:00 p.m. the evening before Thanksgiving to 6:00 p.m. on Thanksgiving Day. Mother shall have the child in even numbered years; Father shall have the child in odd numbered years. f. Christmas is divided into two segments. Segment one will run from noon on Christmas Eve until noon on Christmas Day. Mother shall have the child during Segment one in odd numbered years. Father shall have the child during Segment one in even numbered years. Segment two shall run from noon on Christmas Day until noon on December 26. Mother shall have the child during Segment two in even numbered years. Father shall have the child in odd numbered years. g. New Year's Eve runs from 6:00 p.m. on New Year's Eve until 6:00 p.m. on New Year's Day. Mother shall have the child for New Year's Eve in odd numbered years. Father shall have the child for New Year's Eve in even numbered years. h. Mother shall always have the child for Mother's Day starting 6:00 p.m. the evening before Mother's Day until 6:00 p.m. on Mother's Day. i. Father shall always have the child for Father's Day starting 6:00 p.m. the evening before Father's Day until 6:00 p.m. on Father's Day. 4. The parties shall cooperate with the child attending counseling with Sue Health of Mock & Mays; 5. Neither party will discuss custody matters with the child; 6. Neither party will do or say anything nor permit a third party to do or say anything that may estrange the child from the other party, injury 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. ?Carol J. Lindsay, Esq. 27 West High Street Carlisle, PA 17013 Attorney for Plaintiff ? Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant :rc C-Cri ES rnc-i L L4L? 1611C1,51 BY THE COURT, E i OF R4? 1009 OC E 15) Pil 3: 19 3 7 ?U:? Y LINDA E. KILLIAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KEITH L. KILLIAN, Defendant NO. 05-2090 CIVIL TERM IN RE: MODIFICATION OF CUSTODY ORDER OF COURT AND NOW, this 22"d day of October, 2009, a further period of hearing in the above matter is scheduled for Thursday, December 31, 2009, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. XCarol J. Lindsay, Esq. 27 West High Street Carlisle, PA 17013 Attorney for Plaintiff A /Diane G. Radcliff Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant :rc Co, t'ES m? c l.£c?, BY THE COURT, aR ASA56W 20 OCT 2S M is 0 1 LINDA E. KILLIAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2005-2090 KEITH L. KILLIAN, IN CUSTODY Defendant THE HONORABLE J. WESLEY OLER, JR. AGREEMENT FOR PARENTING COORDINATION AND NOW, the parties agreeing it is in the best interest of their child, SIERRA KILLIAN, born January 4, 1999, that a Parenting Coordinator be appointed to assist the parties in implementing the custodial arrangement set forth in the Order of Court dated September 2, 2005, as modified on June 2, 2009, and subject to Judge Oler's Interim Order of Court of October 14, 2009, copies of which are attached hereto as Exhibits "A", "B" and "C", respectively, and in resolving related parenting issues, the parties stipulate as follows: 1. APPOINTMENT AND TERM: Thomas Gould, Esquire is appointed as the Parties' Parenting Coordinator for a term of 12 months, which may be extended upon the Parenting Coordinators written recommendation to the court, or until the resignation of the Parenting Coordinator or termination of the appointment by the Court, whichever first occurs. The Parenting Coordinator's Terms of Engagement are attached hereto and are incorporated into this Agreement. The Court shall have authority to sanction a party for non-compliance with the Parenting Coordinator's Terms of Engagement. Legal counsel for both parties shall provide copies of all Orders, Pleadings and Custody Evaluations in this case to the Parenting Coordinator within ten (10) days of the date hereof. 2. ROLES OF PARENTING COORDINATOR: A. Parenting Coordination involves two components: (1) The Parenting Coordinator shall attempt to resolve issues arising out of the Custody Orders through facilitation, mediation, consultation, coaching and education, all of which are non-decision-making functions; (2) If it is apparent to the Parenting Coordinator that continued similar efforts are unlikely to resolve the issue(s), the Parenting Coordinator shall have the authority to resolve the dispute by providing a Decision for the parties on the issue(s). B. The Parenting Coordinator will not function as the psychotherapist, counselor, attorney or advocate for the parties, or the parties' child, or family. However, the Parenting Coordinator is permitted and encouraged to facilitate communication and agreement between the parties whenever possible, and shall always act in a manner conducive to the best interest of the child. 3. PARENTING COORDINATOR'S AUTHORITY: The Parenting Coordinator, in order to implement the custodial arrangement set forth in the Custody Orders and resolve related parenting issues about which they do not agree, is authorized to make decisions about issues that may include, but are not limited to, the following: A. Dates, times, places and conditions for transitions between households; B. Temporary variation from the schedule for a special event or particular circumstance; C. Minor adjustments to the physical custody schedule as set forth in the current Custody Orders; D. School issues, apart from school selection; E. Child's participation in recreation, enrichment, and extracurricular activities, programs and travel; F. Child care arrangements; G. Clothing, equipment, toys and personal possession of the child; H. Behavioral management of the child; 1. Information exchange (school, health, social, etc.) and communication with or about the child; J. Coordination of existing or court-ordered services for either of the parties or child (e.g. Psychological testing, alcohol or drug monitoring/testing, psychotherapy, anger management, parenting class, etc.); K. Other related custody issues that the parties mutually agree, in writing, to submit to their Parenting Coordinator. L. The appropriate role for step-parents in the life of the child. M. The release of information or documents involving the custody evaluations and parenting issues to third parties other than the court, counselors, the child's school and the like. 4. EXCLUSIONS FROM PARENTING COORDINATOR'S AUTHORITY: A. The following specific issues are excluded from the Parenting Coordinator's function and decision-making authority, except as provided in subparagraph (B) below: (1) A change in legal custody decision-making authority set forth in the Custody Orders; (2) A change in the primary physical custody (residential parenting time) set forth in the Custody Orders. (3) A change in the Court-ordered custody schedule that substantially reduces or expands the child's time with one or both parties; (4) A change in the geographic residence of the child (relocation) that would render implementation of the current Custody Orders impossible or impracticable; (5) Determination of financial issues, other than allocation of the Parenting Coordinator's fees; B. The Parties may mutually agree in writing to submit any of the excluded issues set forth above to the Parenting Coordinator for facilitation and recommendation which recommendation shall only become binding upon written agreement of the parties. 5. NON-CONFIDENTIALITY OF COMMUNICATIONS: No communications of the parties and/or their lawyers with the Parenting Coordinator are confidential. The Parenting Coordinator may communicate in writing with the Court regarding any matter, and shall send contemporaneous copies of any such communication to legal counsel. 6. SOURCES OF INFORMATION: Each party shall provide the Parenting Coordinator with all information that the Parenting Coordinator requests, including signed HIPAA releases and other forms requested. The Parenting Coordinator is authorized to contact any professional or other individual as the Parenting Coordinator deems necessary (e.g. the child, therapists, physicians, childcare providers, teachers, family members, etc.). 7. COMMUNCATION WITH THE PARENTING COORDINATOR: A. Protocol: The Parenting Coordinator shall determine the protocol of all communications, interviews, and sessions, including who shall or may attend the sessions (including the child), and whether the sessions will be conducted in person or by other means. Where domestic violence or abuse, as defined under 23 Pa. C.S. §6102, is alleged, the protocols should include measures addressing the safety of all participants, unless the Court deems the measures unnecessary. B. Oral and Written Communications With The Parenting Coordinator: The parties and their attorneys shall have the right to receive, but not to initiate, oral ex-parte (one-sided) communications from the Parenting Coordinator, but the fact of such communication shall be known to the other party. Any party or legal counsel may communicate in writing with the Parenting Coordinator provided a copy is sent to the other party simultaneously. Any documents, tape recordings or other material which one party gives to the Parenting Coordinator must also be made available to the other party or his/her legal counsel for inspection and copying. In accordance with paragraph 5 hereinabove, no such communications are confidential. C. Written Communications Between the Parenting Coordinator and Appointing Judge (1) The Parenting Coordinator will have the ability to initiate written communication with the Appointing Judge, and shall contemporaneously send copies to both attorneys: (a) in the event of non-compliance of a party with any provisions of this Appointment Order (including provisions relating to the compensation of the Parenting Coordinator); and/or (b) detailing the Parenting Coordinator's reasons for withdrawing from service in the case. (2) Absent an emergency affecting the child's health or welfare, any communication from the Parenting Coordinator to the Court shall be in writing, and shall be copied simultaneously to the parties (or, if represented, counsel). If the Parenting Coordinator has communicated orally with the Court on an emergency basis, the Parenting Coordinator promptly shall communicate to the parties (or, if represented, counsel) in writing the substance of the oral communication. 8. PARENTING COORDINATOR DECISION-MAKING PROCESS A. Prior to the Parenting Coordinator making a Decision, the Parenting Coordinator shall provide a notice and opportunity for each of the parties to be heard, unless exigent circumstances render contact with both parties impracticable or potentially dangerous to a party and/or the child. In the event a party is given advance written notice of a session but does not attend, the Parenting Coordinator may make a Decision despite the party's absence. B. Decisions: (1) The Parenting Coordinator's Decisions may be communicated to the parties orally, but must be confirmed in writing as soon as practicable and filed in the Prothonotary's Office at the parties' above-captioned custody docket; (2) The Parenting Coordinator's Decisions shall be binding upon the parties unless and until revised by Court Order. 9. JUDICIAL REVIEW: A. Review of Decisions: Any party seeking judicial review of a Parenting Coordinator's Decision must file a Petition for a de novo hearing within twenty (20) days of the filing of the Decision, specifically stating the issue(s) and attaching a copy of the Decision. The Petition must be served on the other party(ies) and Parenting Coordinator in accordance with the Rules of Civil Procedure. The hearing before the Court shall be de novo. The Court shall hear the case on the record, and shall render a decision within the time periods set forth in Rule 1915.4. B. New Court Proceedings: Prior to filing any new motion, petition or complaint with the Court involving non- emergency custody or parenting of the child within the scope of the Parenting Coordinator's authority, the parties shall participate in no fewer than two sessions with the Parenting Coordinator to attempt resolution of the specific disputed issue[s] (and to permit a Decision to be made to the extent authorized by paragraph 3 hereinabove). C. The procedures set forth in this Section 9 are mandatory, and may not be waived by the parties. 10. QUASI-JUDICIAL IMMUNITY: In accordance with Pa. R. Civ. P.§1915.17, the Court-appointed Parenting Coordinator is an officer of the Court, and has quasi-judicial immunity. As such, the Parenting Coordinator cannot be sued based on his/her actions performed within the scope of this Agreement/Order. 11. CHILD ABUSE REPORTING. The Parenting Coordinator is a person required to report suspected child abuse pursuant to 23 Pa. C.S.A. §6311. 12. TESTIMONY: The Parenting Coordinator cannot be compelled to testify in any proceeding absent a Court Order. In the event the Parenting Coordinator elects or is required to testify, he/she shall be compensated commensurate with his/her rate by one or both of the parties as the Court deems appropriate. 13. ALLOCATION OF FEES: The parties will share the obligation to pay the fees of the Parenting Coordinator: 50% Mother, 50% Father. Fees may be reallocated by the Court or the Parenting Coordinator if he/she determines that one party has disproportionately caused the need for the service. The Parenting Coordinator may, in his/her discretion, charge parties for missed sessions or sessions cancelled less than twenty-four (24) hours prior to the scheduled session. 14. TERMINATION/WITHDRAWAL OF PARENTING COORDINATOR: A. Neither party may unilaterally terminate the Parenting Coordinator's services without Court approval, nor may the parties do so by mutual agreement without Court approval. B. The Parenting Coordinator may withdraw from service at any time, upon ten (10) days' written notice to the parties, all counsel of record, and the Court. C. Dissatisfaction with the Parenting Coordinator's Decisions is not grounds for termination. The opposing party and Parenting Coordinator shall be given notice of any petition for termination. The Court may rule on the petition(s) submitted, or may schedule argument or an evidentiary hearing. 15. ACCEPTANCE: A. The parties acknowledge that each has reviewed this Agreement and had the opportunity to consult with legal counsel. B. Each party agrees to the appointment of Thomas Gould as Parenting Coordinator, and agrees to fully cooperate with the Parenting Coordinator in compliance with this Agreement/Order. 16. This Agreement shall not be effective until accepted by the Parenting Coordinator as evidenced by his/her signature below: 17. The terms of this Agreement shall be entered as an Order of Court. Mother: ?OQ1cz if Linda E. Killian Dated: 11/1-3109 Father: Kei L. Killian Dated: it/ 11 a q Attorney for Mother: A-aL C Linds , Es ire Attorney for Father: RiWfe-G.-Ra cliff, Es e above. I agree to my appointment as the Parenting Coordinator for the parties as set forth /!lo v er' &e. It, 2 d d 9 2)• ;O= a Date Thomas Gould, Parenting Coordinator .11/03/2009 10:07 7177611974 THOMAS D GOULD ESQ PAGE 02105 PARENTING -COORDINATOR AGREEMENT We, UnIL V-1 11.nd 15-24_0\ k4 )11? have entered into an agreement with Thomas D. Gould, Esquire to serve as a, Parenting Coordinator for us-and. our child(ren), ;S,Q t-CnL.J Y.?Il,?ao He shall function as a. mediator/ Arbitrator of disagreements that arise when our mutual consent is required. We agree that this agreement shall., serve as a binding contract. 1. We understand that Mediation/ Arbitration is a process of alternative dispute, resolution, which begins as as:5isted negotiations and becomes arbitration in which the Mediator/ Arbitrator makes a binding decision if we are unable to resolve our disputes in the mediation process. 2. We understand that it is in children's best interests when parents do not engage in conflict. To that end we will attempt; to resolve our issues in a mutually satisfactory manner between ourselves whenever possible. If issues cannot be resolved between us, either one of us may request the assistance of the Parenting coordinator who shall first engage in a process to help us resolve disputes. If efforts to negotiate a resolution of an issue are unsuccessful., then the Parenting Coordinator shall resolve the issue through arbitration, based upon disclosures that were made in the negotiation process. The Parenting Coordinator will offer a recommendation that becomes binding until the Court enters an order or Judgment altering, modifying or terminating his recommendation 3. If the Parenting Coordinator believes it would be helpful in maki.ng a decision, he may speak to the child(ren) and contact third parties including but not limited to the child, teachers, therapists, medical care providers, caregivers, or attorneys and review any relevant documents that, in his opinion, would be helpful to the decision making process. We agree to sign any necessary authorizations for the release of requested information. The Parenting Coordinator will attempt to help us resolve our own disputes. 4. If efforts at mutually resolving a dispute are unsuccessful, then the Parenting Coordinator shall render a written decision, based upon the disclosures that were made in the process. The overriding concern in -the resolution of all issues is the best interests of the child(ren). The decisions of the Parenting Coordinator shall be binding on the parties until. either, party brings the case back to the Judge and the Court enters an order or judgment terminating, modifying or altering the Parenting Coordinator's decision. .11/03/2009 10:07 7177611974 THOMAS D GOULD ESQ PAGE 03105 5. The following disputes may be submitted to the Parenti.nq Coordinator for resolution: Any disputes about patenting time, including bL.t not limited to changes in the regular schedule, parental access for special occasions, holidays or vacations - Any disputes regarding the child's activities or schooling Any disputes related to the child's medical issues -- Any other child-related matter upon which we cannot agree and we submit to the parenting coordinator 6. Appointments or telephone contacts with the Parenting Coordinator may be scheduled at the request of either parent or of the Parenting Coordinator. All parties agree to make a. good faith effort to be available when contacts are requested. 7. The Parenting Coordinator's work with the family is not confidential. He may share information between us. Information relied upon may be available in an arbitration award. The Parenting Coordinator may also disclose the following information: a) when he has a reasonable suspicion that a child may be subject to maltreatment or neglect b) that either of us or another person may be subject to bodily harm, or c) if he learns that either of us may intend to commit a felony. 8. This contract cannot cover all the particulars that may arise in every situation. The parties agree that the Parenting Coordinator, may need to establish new rules and guidelines to fit their_ unique relationship. The fundamental principles governing all rules and guidelines are (a) conflict for the parties will be minimized and (b) decisions will be made in the best interests of the children. The Parenting Coordinator will make a good faith effort to contain the costs to the parties. g. If the Parenting Coordinator deems himself no longer able to work with either party in an unbiased or productive manner, then he shall provide each party with twenty days written notice and he shall notify the Court and request that the appointment be vacated. In that event the Parenting Coordinator may suggest the names of other potential Parenting Coordinators to the parties. .11/0312009 10:07 7177611974 THOMAS D GOULD ESQ PAGE 04/05 10. Mr. Gould's role as Parenting Coordinator may be terminated. by written agreement of both parties, provided, however, that if a court appointment is in effect, it shall be the responsibility of the parties to have the Court vacate the appointment. if one party wishes to terminate the services of the Parenting Coordinator and the other party does not agree, an order of the court is required to remove him. FEE ARRANGEMZNTS : 1. We agree to pay the Parenting Coordinator at the rate of $1.00.00 an hour, with each party paying fifty (50) percent of all charges. Charges shall include but not be limited to time spent reviewing documents, participating in interviews, phone conferences, telephone, mail or electronic communications with attorneys, parties or necessary third parties, travel, and the deliberation and issuance of decisions. 2. Upon the signing of this contract, the Parenting Coordinator shall be paid. a deposit of $1,000.00, $500.00 from each parent. Periodically, we will receive an itemized statement of services, with the costs being deducted from the deposit escrow account. When the account falls below $200.00, the Parenting Coordinat.or may request an additional deposit which shall be paid within ten days or services may be suspended. At the en.d. of the Parent Coordination process, any amounts remaining on deposit shall be returned to the parents equally. 3. Notwithstanding the above, the Parenting Coordinator reserves the right to assess costs disproportionately, if in the sole discretion of the parenting Coordinator, either of us is acting unreasonably or not in good faith, creates unnecessary problems in the resolution of an issue, or in other ways unnecessarily utilizes a disproportionate amount of the Parenting Coordinator's time. He shall inform us of his intent, in writing, prior to any assessment of disproportionate costs. 4. if either of us challenges a decision of the Parenting Coordinator in court, and the court finds that the challenge is without- substantial basis, or not made in good faith, the party challenging the decision shall be responsible for all costs to the Parenting Coordinator. 5. We understand that if an interview is canceled with less than 24 hours notice a fee may be charged commensurate with the amo>>nt of time scheduled for that day. If one of us fails to.. show up for a scheduled appointment, that person shall be responsible for the entire cost of the scheduled time. 11/03/2009 10:07 7177611974 THOMAS D GOULD ESQ PAGE 05/05 I have read the above contract and have had the opportunity to to this i discuss it with my attorney if I so derstanding n wished. I enter that if we cannot resolve contract with the full un Thomas D. rselves Gould will have the right to conflicts between ou make decisions that , will affect me and my child(ren). We each retain the right to request court review of any decision. Date j(-13-0°1 //-// G? Date /I/ &et, er- j (r„ 2d d Date Mother's Signature ZIC: Father's Signature "7 P ?? Parenting Coordinator cU, NOV 1 6 Zoos ? SIGINAL LINDA E. KILLIAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2005-2090 KEITH L. KILLIAN, IN CUSTODY Defendant THE HONORABLE J. WESLEY OLER, JR. ORDER OF COURT The attached Agreement for Parenting Coordination is hereby entered as a Court Order. J. Ajl v, 1 '7, 2 0 0 BY THE COURT, OF; 3 Zop Noy IS PM 3.2I cume- LINDA E. KILLIAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH L. KILLIAN, CIVIL ACTION - LAW Defendant NO. 2005-2090 CIVIL TERM IN RE: MODIFICATION OF CUSTODY ORDER OF COURT AND NOW, this 31st day of December, 2009, upon consideration of (a) Defendant's Petition for Modification of Custody dated August 2, 2005, filed April 27, 2009, and (b) Plaintiff's Petition for Modification of Custody filed May 1, 2009, and following a hearing held on October 7, 2009, and on this date which has not yet been completed, the record shall remain open and counsel are directed to contact the Court's secretary for purposes of scheduling a further period of hearing in this case. It is noted that at the time of adjournment on today's date, the Court and counsel had convened in chambers with the subject of this proceeding, Sierra E. Killian (date of birth January 4, 1999) and Ms. Killian was being subjected to cross-examination by Plaintiff's counsel. It is the Court's understanding that Ms. Killian is the last witness to be called in this case. Pending further order of court, the interim order of court dated October 14, 2009, shall remain in full ford and effect. By the Court, esley O r, J J. Carol J. Lindsay, Esquire For the Plaintiff Diane G. Radcliff, Esquire For the Defendant :lfh t F-S e""d- 11441[b '.__..m THE -ARY 2010 JAN -? 2* 2 OLD LINDA E. KILLIAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAVA' KEITH L. KILLIAN, Defendant NO. 05-2090 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of January, 2010, upon -.onsideration of the attached letter from Plaintiffs counsel, Carol J. Lindsay, Esq., and ,ipon relation of Defendant's counsel, Diane G. Radcliff, Esq., that she has no objection to the record's being declared closed in this custody case, and the matter is taken under advisement. BY THE COURT, J esley O, Jr., "J.' Carol J. Lindsay, Esq. 27 West High Street Carlisle, PA 17013 Attorney for Plaintiff ?Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant :rc "F t -fs? M-1 ELL N LAW OFFICES SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET JOHN E. SLIKE CARLISLE, PENNSYLVANIA 17013 CAMP HILL OFFICE: ROBERT C. SAIDIS TELEPHONE: (717) 243-6222 - FACSIMILE: (,'17) 243-6486 2109 MARKET STREET JAMES D. FLOWER, JR EMAIL: attorney@sfl-law.com CAMP HILL, PA 17011 CAROL J. LINDSAY www.sfl-law.com TELEPHONE: (717)737-3405 JOHN B. LAMPI FACSIMILE: (717)737-3407 DANIEL L. SULLIVAN DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS REPL_Y_ TO CARLISLE JASON E. KELSO January 8, 2010 Via Facsimile: (717) 240-6462 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Killian v. Killian No. 2005-2090 Dear Judge Oler: On December 31, 2009, a witness in this case, Sierra Killiar, was being cross-examined by me when we ran out of time. After consultation with my client and counsel, I am writing to let you know that I will need to ask Sierra Killian no further question:, in light of Dr. Shienvold's report of June 2, 2009, in which Dr. Shienvold evaluates allegations similar to those provided by Sierra at the custody hearing, particularly at page 16. We look forward to the receipt of a decision in this matter. Thank you for your patience. Very truly yours, SAIDIS, FLOWED &,4NDSAY Carol J. Lindso Esquire \ CJL1pm cc: Linda Killian Diane G. Radcliff, Esquire (via facsimile: 975-0697) LINDA E. KILLIAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KEITH L. KILLIAN, Defendant NO. 05-2090 CIVIL TERM IN RE: PETITIONS FOR MODIFICATION OF CUSTODY BEFORE OLER, J. ORDER OF COURT AND NOW, this 15th day of January, 2010, upon consideration of (a) Defendant's Petition for Modification of Custody Order dated August 2, 2005, filed April 27, 2009, and (b) Plaintiff's Petition for Modification of Custody filed May 1, 2009, and following a hearing held on October 7, 2009, and December 31, 2009, with respect to the parties' child Sierra C. Killian (date of birth January 4, 1999), the Interim Order of Court dated October 14, 2009, is entered as a final order, subject to the subsequent order related to a parent coordinator, dated November 17, 2009. ?Carol J. Lindsay, Esq. 27 West High Street Carlisle, PA 17013 Attorney for Plaintiff BY THE COURT, ' C) J. - ' 7i ss. -r ,rrt C?1 - J Fri i ? Diane G. Radcliff Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant : rc