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HomeMy WebLinkAbout05-2898 . CINDY KELLEY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. tf;)..j' ~ .:< Nil' V. ROBERT KELLEY, Defendant CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Cindy Kelley, by and through her attorney, Gary 1. Kelley, and files this custody complaint, and in support thereof, respectfully avers as follows: 1. Plaintiff is Cindy Kelley who resides at 220 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Robert Kelley who resides at 1604 Ferguson Valley Road, McVey town, Mifflin County, Pennsylvania 17051. 3. Plaintiff seeks custody of the fOllowing children: Name Present residence Age Amber Kelley Robert Kelley 220 Herman Avenue Lemoyne DOB 12/8/91 DOB 5/13/94 John Kelley 1604 Ferguson Valley Road DOB 2/10/96 McVey town The children were born of the marriage. Amber and Robert are presently in the custody of Plaintiff. John is presently in the custody of Defendant. -... - . 4. Since birth, the children have resided with the following persons and at the fOllowing addresses: Persons Addresses Dates Plaintiff 2012 Highland Circle 8/03 - 7/04 Defendant Mechanicsburg Plaintiffs parents Plaintiff 2012 Highland Circle 7/04-2/05 Plaintiffs parents Mechanicsburg Plaintiff 220 Herman Avenue 2/05-5/05 All 3 minor children Lemoyne Plaintiff Amber Robert 220 Herman Avenue Lemoyne 5/27/05 to present Defendant John 1604 Ferguson Valley Road 5/27/05 to present McVey town 5. The mother of the children is the Plaintiff. She is separated from the father of the chi I dren. 6. The relationship of Plaintiff to the children is that of mother. Plaintiff currently resides with the following persons: Name Relationship Amber Robert Daughter Son 7. The relationship of Defendant to the children is that of father. Defendant currently --- - . resides with the following persons: Name Relationship Christine Kurtz Arianna Kurtz Dale Kurtz Justin Kurtz Paramour Paramour's daughter Paramour's son Paramour's son 8. Plaintiffs have not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court aside from an Order entered in York County docketed to 94 SU 04934-0 I wherein Plaintiff was granted custody of Amber and Robert. However, this Order has not been followed and Plaintiff seeks to confirm the status quo. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiffs do not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff is a fit parent. The children see Plaintiff as a Source of love and affection. Placing custody with Plaintiff will provide continuity, stability and certainty to the children's lives. Each parent whose parental rights to the children which has not been terminated and the person who has physical custody of the children have been named as parties to this action. -- WHEREFORE, Plaintiff respectfully requests this Court to grant legal and physical custody of the children to Plaintiff Respectfully submitted, eI ey 801 132- alnut Street Harrisburg, PA 17101 (717) 238-1484 Attorney for Plaintiff VERIFICATION I verity that the statements made in this Complaint are true and correct. I understand "ill' [,J" '~"m~" berel, 're m,d, "bje" " "" ''"""" ,[ 18 P'.e.s. s"",, 4904, rel'"'g '0 ',"worn fu1'lfi""~:;~ '~ c- +- ~ '-'\ () s; ~i:(j rr!r'r. ;;'":J\ ~z l-- gtc ,:S:'-l ;?",-'') >'c: Z ~~ ~ ~ ~ '-<.4 ::::::: -:-- ~ 9..J ~ ~ ~ ~ @ ...., = = eft <- c:: :z: I C1' "'T.:> ::x ":':' C) CJ1 ~ :i'! m:D .- 318 O' :J!o -n -,-:::n (~)h ;7m 9 '". :0 -< CINDY KELLEY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ;JJJ05 - :J.f>98 ROBERT KELLEY, Defendant CIVIL ACTION - CUSTODY PETITION FOR EMERGENCY RELIEF AND CONFIRMATION OF CUSTODY AND NOW, comes the Plaintiff, Cindy Kelley, by and through her attorney, Gary L. Kelley, and files this Petition For Emergency Relief and Confirmation of Custody, and in support thereof, respectfully avers as follows: I. Plaintiff is Cindy Kelley who resides at 220 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Robert Kelley who resides at 1604 Ferguson Valley Road, McVey town, Mifflin County, Pennsylvania 17051. 3. Plaintiff seeks custody of the following children: Name Present residence Age Amber Kelley Robert Kelley 220 Herman Avenue Lemoyne DOB 12/8/91 DOB 5/13194 John Kelley 1604 Ferguson Valley Road DOB 2/10/96 McVey town The children were born of the marriage. Amber and Robert are presently in the custody of Plaintiff John is presently in the custody of Defendant. 4. The parties are separated and have been since July 2004. 5. All of the minor children have resided with Plaintiff through May 29, 2005. 6. On May 29, 2005, Defendant, in exercising an alternating weekend of physical custody, removed John from the residence and took him to McVey town. 7. Since that time, the mmor child has not attended school at the Highland Elementary School where the child was enrolled and regularly attending classes. 8. Defendant has refused to allow Plaintiff to have any contact with this minor child since he took him from the residence. 9. Defendant removed the child from the custody and care of Plaintiff to "punish" her for seeking financial support for the parties' children and has informed her of same. 10. Approximately two weeks ago, Plaintiff was present at the Highland Elementary School to pick up her youngest child, John, from school. 1 I. During this time, Plaintiff witnessed the murder/suicide of a separated couple which occurred at the school on school grounds approximately one hundred feet from Plaintiff 12. Plaintiff was distraught when she returned home that evening from witnessing the day's events. 13. Defendant appeared at the residence and asked Plaintiff why she was crying. 14. Plaintiff informed Defendant of what she had observed. 15 Defendant asked her if she wanted this to happen to her and the children. 16 Defendant further stated that he "... [didn't] give a f"*k" and that he had nothing to lose and would shoot Plaintiff and the children and then shoot himself if she did not "straighten up." 17. During the past month, Defendant's behavior has become increasing erratic and threatening to Plaintiff. 18. During the course of the parties' marriage, Plaintiff was subjected to periodic episodes of physical violence which routinely included punches to the face and other parts of her body as well as kicking, slapping, hair pulling, twisting her arms, and throwing her against the wall or on the ground. Much of this activity occurred in the presence of the minor children. 19. During the course of their marriage, Defendant separated Plaintifffrom friends and family and would withhold money from her for groceries and other necessities 20. When Defendant provided money to Plaintiff to purchase groceries, Defendant literally forced her to account for every penny of money spent. 21. Plaintiff was not permitted to travel anywhere aside from work by herself. 22 Defendant has forced acts of sexual humiliation upon Plaintiff. 23. In addition to threatening acts of physical violence upon Plaintiff, Defendant has threatened to remove one or more of the children from the jurisdiction of this Honorable Court such that neither he or the minor child could ever be located to punish her for separating from him. 24. Defendant suffers from a severe crack cocaine addiction which further causes violent mood swings and erratic behavior in Defendant. 25. Defendant has separated the youngest child, John, from his older siblings and refused to allow the minor child to have any contact with his older brother and sister 26 John has a close relationship with his brother and sister. 27 The child has been removed from his elementary school, friends, family, and all familiar surroundings by Defendant. 28. The minor child has not attended school since May 29, 2005. 29. Defendant has attempted to remove the child from Highland Elementary School and enroll him in a local Mifflin County School. 30. Defendant's operating privileges have been suspended as a result of a history of erratic driving and safety violations. 31. Defendant continues to drive himself and the minor child despite the fact that his operating privileges have been suspended. 32. Plaintiff is concerned for the safety and welfare of John. 33. Given Defendant's recent history of threats, crack cocaine addiction, and erratic behavior, Plaintiff is concerned that Defendant could harm John. 34. Plaintiff is concerned that Defendant will remove the child from the jurisdiction of this Court and be unable to be located. 35. It is not in the best interest of the minor child that he be separated from friends, family, and all familiar surroundings given his age. 36. Without the intervention of this Honorable Court, the minor child will be harmed as he is in danger of imminent physical harm from Defendant. 37. Without the immediate intervention of this Honorable Court, Defendant will carry out his threat and unilaterally remove the minor child from the jurisdiction of this Court and , . Commonwealth. 38. Without the immediate intervention of this Honorable Court, the minor child wi\1 suffer lasting and irrevocable psychological harm from being removed from a stable environment. WHEREFORE, based upon all of the foregoing, the Plaintiff respectfu\1y requests that this Honorable Court issue a temporary Order confirming custody of the minor children with Plaintiff and further directing Defendant to return John to the care and custody of his mother and restore the status quo pending further Order of Court. Respectfu\1y submitted, J G ID 11 th Front Street Harrisburg, P A 171 02 (717) 238-1484 Attorney For Plaintiffs VERIFICATION I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, ,cl..;" to =wom f'hifiUti21;;; 4.. (} c. ~, -00; ,,)1':. 9i!< ~'?: f2\~) j.'?'C) %t- ""- .J yc, ~ ~ ~ <e -;.e I Cl"' -'0 '% \";"? o <fI Q. ~:>l r:: :<o~ ':2.tJ ~:'J $.'",~ 9\ ~ - Cindy Kelley for emergency relief shall commence at 11 :00 a.m., Tuesday, June 14, 2005, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. /'" CINDY KELLEY, PLAINTIFF V. ROBERT KELLEY, DEFENDANT AND NOW, this J!'ary L. Kelley, Esquire For Plaintiff .1<obert Kelley 1604 Ferguson Valley Road McVey town, PA 17051 :sal : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 05-2898 CIVIL TERM ORDER OF COURT ~ day of June, 2005, a hearing on the petition of By the <;Ourt, Edgar B. Bayley, J. ~ / . 01-05 01./ FIlED-OFFICE OF lHE PROTl-IONOTARY 2005 JUN -6 PM 3: 47 CUI',);:;:ii'" t, r(111NTY VI~,~, ,.-1...,,'..... ,-'...". '>oJ ! I PENNSYLVANIA CINDY KELLEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-2898 CIVIL ACTION LAW ROBERT KELLEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, June 10, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, July 01, 2005 , the conciliator, 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. 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 hearin2. FOR THE COURT. By: Isl Hubert X Gilro 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 infonnation 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 HA VE 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 ~ ~~-'# ~~ ~ J'v.[;-'? ". * -? ~~ ~Jt., _>0' [I- <? ~I jzv ?- ~I 4.,1 -r1l ff. ['I. '1 ... LS :2 Wd 81 ~1nr SOOl AtlV10f'10H10Ud 3Hl jO :J 'l't -I.; n~fj3l!:l ;..Iv . oJ....' ....'" -u... ?- RECEIVED AUG 2 2 7005~ CINDY KELLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ROBERT KELLEY, Defendant NO. 05-2898 IN CUSTODY COURT ORDER AND NOW, this ra qti day of August, 2005, 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 Courthouse on the JI.M- day ~~~ 2005 at L3~.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall me with the Court and opposil1g counsel a memorandum setting forth the history of custody in this case, the isslJles currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be med at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following temporary Custody Order is entered: A. The mother, Cindy Kelly, and the father, Robert Kelley, shall enjoy shared legal custody of Amber Kelley, horn December 8, 1991, Robert Kelley, born May 13, 1994 and John Kelley, born FebrnaJrY 10, 1996. B. The mother shall have primary physical custody of Amber and Robert and the father shall have physical custody of John. C. The parties shall alternate physical custody of the minor children on alternating weekends such that all three children are together on each weekend. The alternating schedule shall start with John going to mother's home commencing Friday August 12th, wiith Amber and Robert going to father's home the following weekend and the parties alternating thereafter. The alternating weekend schedule shall be Friday at 5:00 p.m. until Sunday at 6:00 p.m. The parties shall arrange a halfway point between the respective homes and designate that point as a pick up and drop off point for the minor children at the times as specified in this Ord,er. 3. Pursuant to agreement of the parties, this Court's Order supercedes the Order issued by York County at Docket No. 94-04934-01. Judge / cc~ L. Kelley, Esquire ~~.~m ~~b >- r.:r: :< t.-- UJf:-2 ~ts 'c.!c)r-::. c\ CJer: UjCJ... _..JlU O:::c I- u.. o .::r In '- ~~ '. :c "'" ...::r N c..? ::::> "'" Lr.> <= = "'" ~ U , '" , .' ". - CINDY KELLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA v CIVIL ACTION - LAW ROBERT KELLEY, Defendant NO. 05-2898 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Amber Kelley, born December 8,1991, Robert Kelley, born May 13,1994 and John Kelley, born February 10,1996. 2. A Conciliation Conference was held on August 12, 2005, with the following individuals in attendance: The mother, Cindy Kelley, with her counsel, Gary L. Kelley, Esquire, and the father, Robert Kelley, with his counsel, Nathan C. Wolf, Esquire. 3. This is a situation where father currently has custody of the younger child and mother has cnstody of the two older children. Thl~ parties are unable to agree upon the entry of a permanent Order and a hearing is necessary. Father has relocated out of Cumberland County and is currently living in Mifflin County. He plans on settling at a home in Lewistown. The Conciliator recommE,nds a temporary Order pending a hearing that will allow for the children to be together on each weekend and allow the parents to have alternating cnstody of the children that they do not have custody of during the week. 4. The Conciliator recommends an Order in the form as attached. ~{(~los DATE CINDY KELLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ROBERT KELLEY, Defendant NO. 05-2898 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of November, 2005, this matter is continued generally for a period of six months to the call of either party for either further conciliation or direct hearing before this Court. In the interim, the father shall participate in an educational program for separated parents at one of their locations, and the mother shall participate in a similar program conducted by Interworks in Gary L. Kelley, Esquire For Plaintiff Stacy B. Wolf, Esquire For Defendant Ii -.J)- 0$ 0" . 1.'v--;-U4 'n~ Sheriff prs "J .-::-) c...j "....~i ~') l':::: u_ () ~ CINDY KELLEY Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05. ~~99 ~ ~ ROBERT KELLEY, Defendant CIVIL ACTION - CUSTODY PETITION FOR EMERGENCY RELIEF AND CONFIRMATION OF CUSTODY AND NOW, comes the Plaintiff, Cindy Kelley, by and through her attorney, Gary L. Kelley, and files this Petition For Emergency Relief, and in support thereof, respectfully avers as follows: 1. Plaintiff is Cindy Kelley who resides at 220 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Robert Kelley who previously resided at PO Box 89, in McVeytown, Mifflin County, Pennsylvania. However, he is presently incarcerated in Mifflin County Prison for assault, domestic violence, in lieu of $25,000.00 bail. 3. Plaintiff seeks to confirm custody of the following children: Name Present residence Age Amber Kelley Robert Kelley John Kelley 220 Herman Avenue Lemoyne DOB 12/8/91 DOB 5/13194 DOB 2/10/96 The children were born of the marriage. The children are presently in the custody of Plaintiff. John had been in the custody of Defendant but was returned to Plaintiff during the last 48 hours by Defendant's girlfriend after she had been assaulted by Defendant and Defendant was subsequently incarcerated. 4. The parties are separated and have been since July 2004. ; 5. All of the minor children resided with Plaintiff through May 29, 2005. 6. On May 29, 2005, Defendant, in exercising an alternating weekend of physical custody, removed John from the residence and took him to McVeytown. 7. Since that date, John continued to reside with his father. 8. In October/November 2005, this Honorable Court issued an Order confirming the custodial arrangement after meeting with counsel in chambers. 9. Thereafter, Amber and Robert continued to reside with the Plaintiff and John continued to reside with the Defendant. 10. On or about Sunday, November 12, 2006, Christine Kurtz, Defendant's girlfriend, contacted Plaintiff and informed her that the Defendant had been incarcerated in Mifflin County Prison for assaulting her. 11. Plaintiff further learned that Defendant's bail was $25,000.00 and that he was unable to post bail. 12. Ms. Kurtz subsequently returned John to Plaintiff. 13. Ms. Kurtz has filed a Complaint For Protection From Abuse with Mifflin County authorities wherein she named herself and the minor child as Plaintiffs as the assault apparently occurred in the presence of the child. 14. A preliminary hearing in this matter is scheduled for November 22, 2006 and Defendant will remain incarcerated until that date. It is unknown if Defendant will be released on this date or if Defendant will be permitted to see the child under the terms of the pending Protection From Abuse action. 15. The minor child John is presently residing with his mother, the Plaintiff, but is unable to attend school locally as the school district requires an Order confirming custody of John with Plaintiff. 16. Presently, John is not attending any school. 17. Without the intervention of this Honorable Court, the Plaintiff will be unable to enroll John in school and the child will continue to miss days of school until an Order confirming custody is entered in the interim. 18. It is in the best interest of the minor child that custody be confirmed with Plaintiff pending further Order of Court. WHEREFORE, based upon all of the foregoing, the Plaintiff respectfully requests that this Honorable Court issue a temporary Order confirming custody of John and the other minor children with Plaintiff pending further Order of Court. Respectfully submitted, Ga elley ID 801 1119 North Front Street, Suite B Harrisburg, PA 17102 (717) 238-1484 Attorney For Plaintiff ~ I ~ CINDY KELLEY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 CV 2498 ROBERT KELLEY, Defendant CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, Gary L. Kelley, do hereby certify that 1 served a true and correct copy of Plaintiffs Petition For Emergency Relief on the 14th day of November, 2006, upon counsel for the Defendant by US First Class Mail, postage prepaid, addressed as follows: Nathan C.Wolf, Esq, 10 West High Street Carlisle, PA 17013 Law Offices of Gary L. Kelley Date: Gar L. I.D. 801 1119 North Front Street, Suite B Harrisburg, P A 17101 (717) 238-1484 Attorney for Plaintiff VERIFIC.A TION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: IJIJ~/o b r-"."l ~ '-~j () <-'::> r 9 C...1"'\ II }\ f-.:1 )U c:..? ...c. ~ (J'"! U\ "-' (/\ s; t c:;. ....,. ~ 97' ~ C,,) OJ c . j NOV 15 200SII1i 1-. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. os-.(r;ljf ~ I~ CINDY KELLEY Plaintiff ROBERT KELLEY, Defendant CIVIL ACTION - CUSTODY ORDER ,.. AND NOW, this ~ day of November, 2006, upon consideration of Plaintiffs' Petition For Emergency Relief, it is hereby ORDERED and DECREED that Plaintiffs Petition is ~ GRANTED, an~~or children, Amber, date of birth December 8, 1991, Robert, date of birth May 13, 1994, and John, date of birth February 10, 1996, is hereby confirmed in Plaintiff pending further Order of Court. ~ ~vda- ~ ~ BY THE COURT: ~-, JUDGE # >- a:: j.:r: h~~7 (~)~~=: 8 ~~r~ =:i~ u: h:V ~ lL o r-- l.f) N ..,.... ..ci.- 0- If) ~"7tw1o t.:::::> Z u:'j = c.::;, c--.J - ,._1 :5 o