HomeMy WebLinkAbout05-5944SAMANTHA J. KELLER,
Plaintiff
V.
JOSEPH P. KELLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
NO. CIVIL TERM
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree or divorce or annulment may be entered against you by
the court. A judgment may also be entered against you for other claims or relief requested in
these papers by the plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
(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. 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.
SAMANTHA J. KELLER,
Plaintiff,
V.
JOSEPH P. KELLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
NO.OS"SqqCIVIL TERM
DIVORCE COMPLAINT WITH CUSTODY COUNT
The plaintiff, Samantha Keller, by her attorneys, the Family Law Clinic, sets forth the
following cause of action in divorce:
COUNTI
COMPLAINT UNDER THE DIVORCE CODE,
23 Pa.C.S. H 3301(c) and 3301(d)
Plaintiff is Samantha Keller, who currently resides at 329 F Street, Carlisle, Cumberland
County, Pennsylvania, 17013.
2. Defendant is Joseph Keller, who currently resides at 142 East Chapel Avenue, Carlisle,
Cumberland County, Pennsylvania, 17013.
3. Plaintiff has been a bona fide resident of the Commonwealth for at least six months
immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on October 3, 1998 in Carlisle, Cumberland
County, Pennsylvania.
Plaintiff and Defendant have lived separate and apart since on or about July 1, 2003.
6. There have been no prior actions of divorce or for annulment between the parties.
The marriage is irretrievably broken.
8. Plaintiff has been advised that counseling is available and that Plaintiff or Defendant
may have the right to request that the court require the parties to participate in counseling.
WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the
marriage.
COUNT II
CUSTODY
9. Plaintiff repeats and realleges paragraphs one through eight.
10. Plaintiff seeks custody of the following child:
Name Present Address
Age-
Samuel Keller 329 F Street 5 years
Carlisle, PA 17013
The child was not born out of wedlock.
The child is presently in the custody of Samantha Keller, who resides at 329 F Street,
Carlisle, PA 17013.
During the past five years, the child has resided with the following persons at the
following addresses:
Persons Address
Samantha Keller 329 F Street
Carlisle, PA 17013
Joseph Keller 142 East Chapel Avenue
Carlisle, PA 17013
Samantha Keller Carlisle Barracks
Joseph Keller Carlisle, PA 17013
Samantha Keller 50 Ironrun Road
Carol Mowery Newville, PA 17241
Samantha Keller Heidelberg, Germany
Joseph Keller
Date
July 2003 through
Present
(Shared Custody)
July 2003 through
Present
(Shared Custody)
February 2001 through
June 2003
November 2000 through
January 2001
January 1999 through
October 2000
The mother of the Child is Samantha Keller, hereinafter "Mother", currently residing at
329 F Street, Carlisle, PA 17013.
She is married.
The father of the child is Joseph Keller, hereinafter "Father", currently residing at 142
East Chapel Avenue, Carlisle, PA 17013.
He is married.
11. The relationship of the Plaintiff to the child is that of mother. She resides with the
following persons:
Name
Samuel Keller
Relationship
Son
12. The relationship of the Defendant to the child is that of father. He currently resides
alone.
13. Mother has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
Mother 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.
14. The best interest and permanent welfare of the child will be served by granting the relief
requested because:
a. Mother has been the child's primary caretaker since the child's birth.
b. Mother is able to provide the child with a home with the moral, emotional and
physical surroundings required to adequately meet the child's needs.
c. Mother exercises parental duties on behalf of the child and enjoys the love and
affection of the child.
d. Mother is willing to encourage and support the child's relationship with his father.
15. Each parent whose parental rights to the child has not been terminated and the person
who has physical custody of the child has been named as parties to the action.
WHEREFORE, Plaintiff requests the court grant her shared legal custody and primary
physical custody of the child, subject to Defendant's periods of partial custody at times mutually
agreed by the parties.
Respectfully Submitted,
Date (-1 /0 _JJ h LUCY STON-WALSH
ROBERT RAINS
ANNE MACDONALD-FOX
THOMAS M. PLACE
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2368
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct,
to the best of my knowledge, information and belief. I understand making any false
statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unworn
falsification to authorities.
Date: (- - 0?,
Samantha Kelle
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SAMANTHA J. KELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
JOSEPH P. KELLER,
Defendant NO. 05-5944 CIVIL TERM
CERTIFICATE OF SERVICE
Understanding that the making of any false statement would subject him to the penalties
of 18 Pa. C.S. §4904 (relating to unworn falsification to authorities), the undersigned verifies
that Jeffrey G. Stovall mailed a true copy of the Divorce Complaint with Custody Count on the
Defendant by placing the same in the U.S. Mail, certified no. 7005 0390 0003 2632 4891,
restricted delivery, return receipt requested, postage prepaid, on the 16`h day of November, 2005
addressed as follows:
Joseph P. Keller
142 East Chapel Ave.
Carlisle, PA 17013
Sender's receipt no. 7005 0390 0003 2632 4891 is attached hereto and incorporated by reference
On the 21 s` day of November, 2005, green return receipt no. 7005 0390 0003 2632 4891
was delivered to the Family Law Clinic, bearing the signature Joseph P. Keller and showing a
date of service of September 17, 2005. The return receipt is attached hereto and incorporated by
reference.
Date: ?OJLvli02 21- Z ?
Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
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SAMANTHA J. KELLER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOSEPH P. KELLER
DEFENDANT
05-5944 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, November 21, 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, January, 05, 2006 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 ape 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/ JacgueUne M. Yemey E
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 cout, 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
` mot's,
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SAMANTHA KELLER,
Plaintiff,
V.
JOSEPH KELLER,
Defendant
To the Prothonnotary:
NOV 1 7 2005
I V7
IN THE COURT OF COMMO&_P? =_ -===J
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO C5 5yV'l CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
Kindly allow Samantha Keller, Plaintiff, to proceed in forma pauperis.
The Family Law Clinic, attorneys for the party proceeding in forma pauperis,
certifies that we believe the party is unable to pay the costs and that we are providing free
legal service to the party.
Date l ( b L7 S
txlrtitted,
all
Certified Legal Intern
i ty
THO S .PLACE
ROBERT RAINS
ANNE MACDONALD-FOX
LUCYJOHNSTON-WALSH
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
SAMANTHA J. KELLER,
Plaintiff
V.
JOSEPH P. KELLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
NO. 05-5944
CIVIL TERM
AMENDED CERTIFICATE OF SERVICE
Understanding that the making of any false statement would subject him to the penalties
of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities), the undersigned verifies
that Jeffrey G. Stovall mailed a true copy of the Divorce Complaint with Custody Count on the
Defendant by placing the same in the U.S. Mail, certified no. 7005 0390 0003 2632 4891,
restricted delivery, return receipt requested, postage prepaid, on the 16`h day of November, 2005
addressed as follows:
Joseph P. Keller
142 East Chapel Ave.
Carlisle, PA 17013
Sender's receipt no. 7005 0390 0003 2632 4891 is attached hereto and incorporated by reference.
On the 21" day of November, 2005, green return receipt no. 7005 0390 0003 2632 4891
was delivered to the Family Law Clinic, bearing the signature Joseph P. Keller and showing a
date of service of September 17, 2005. The return receipt is attached hereto and incorporated by
reference.
Date: 00fW1,t@- PL ZPVr)-
Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
¦ Complete Items 1, 2, and 3. Also complete
-- item 4 If Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
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4. Restricted Delivery? (Extra Fee) Yes
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PS Form 3811, February 2004 Domestic Return Receipt
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-- item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
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SAMANTHA J. KELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
JOSEPH P. KELLER
Defendant NO. `'SCIVIL TERM
NOTICE TO DEFENDANT
If you wish to deny any of the statements set forth in this affidavit, you must file a counter-
affidavit within twenty days after this affidavit has been served on you or the statements will be
admitted.
AFFIDAVIT UNDER SECTION 3301(d) OF THE ]DIVORCE CODE
The parties to this action separated in July, 2003 and have continued to live
separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn
falsification to authorities.
Date
Samantha,
Plaintiff
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SAMANTHA J. KELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
IN DIVORCE AND CUSTODY
JOSEPH P. KELLER,
Defendant NO. 05-5944 CIVIL TERM
CERTIFICATE OF SERVICE
I, Rene M. Gornall, hereby certify that on the 5m day of January, 2006, I served a
true and correct copy of the Notice of Intention to Request Entry of Divorce Decree and
Counter Affidavit on Joseph P. Keller by hand delivery at the Cumberland County
Courthouse.
Date: O(o
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
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SAMANTHA KELLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2005-5944 CIVIL ACTION - LAW
JOSEPH KELLER,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 'day of ?- -----3906, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The Mother, Samantha Keller and the Father, Joseph Keller, shall have
shared legal custody of Samuel Keller, born January 20, 2000. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Child's general well-being including, but not limited
to, all decisions regarding his health, education and religion.
2. The parties shall have shared physical custody of the child on the
following schedule:
A. Father shall have physical custody of the child every Tuesday from 5:30
p.m. to Wednesday at 9:00 a.m. and every Thursday from 5:30 p.m. to
Friday at 9:00 a.m.
B. Father shall have physical custody of the child alternating weekends from
Friday at 5:30 p.m. to Sunday at 9:00 a.m.
C. On the off weekend, Father shall have physical custody of the child from
Sunday at 9:00 a.m. to Monday at 7:30 a.m.
D. Mother shall have physical custody of the child at all other times unless
otherwise agreed or specified herein.
3. Transportation shall be as follows:
A. Father shall pick up the child from school for custodial periods that begin
on Tuesday, Thursday and Friday.
B. Father shall return the child to Mother's house for custodial periods that
end on Monday, Wednesday and Friday.
C. Mother shall provide transportation to or from Father's house on Sundays.
4. Physical custody of the child on holidays, including but not limited to,
Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas, shall be
shared each year by mutual agreement of the parties.
5. During any periods of physical custody, the parties shall not possess or use
any controlled substance nor shall they consume alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other
household members and/or houseguests comply with this prohibition. Neither party shall
transport the child in a motor vehicle if he/she has been consuming alcohol or using
illegal drugs.
6. Neither parent will do anything nor permit a third party to do anything
which may estrange the child from the other parent, or injure the opinion of the child as
to the other parent, or which may hamper the free and natural development of the child's
love and respect for the other parent.
7. 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 shat control.
13Y THE COUR
cc: Jeffrey G. Stovall, certified legal intern, Counsel for Mother
Lucy Johnston-Walsh, Esquire, Family Law Clinic
Joseph Keller, pro se rwa / - / ?' C 4
142 East Chapel Avenue
Carlisle, PA 17013 i
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SAMANTHA KELLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2005-5944 CIVIL ACTION - LAW
JOSEPH KELLER,
Defendant : IN CUSTODY
PRIOR JUDGE: None
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
Samuel Keller January 20, 2000 Mother
2. A Conciliation Conference was held in this matter on January 5, 2006,
with the following in attendance: The Mother, Samantha Keller, with her counsel, Rene'
Gornall, certified legal intern for Jeffrey G. Stovall and Lucy Johnston-Walsh, Esquire,
Family Law Clinic, and the Father, Joseph Keller, pro se.
3. The parties agreed to an Order in the form as attached.
Date acq line M. 'Verney, Esquire
Custody Conciliator
SAMANTHA J. KELLER,
Plaintiff
V.
JOSEPH P. KELLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
NO. 05-5944 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for
entry of divorce decree:
1. Ground for divorce: unilateral no fault under § 3301(d) of the Divorce Code.
Date and manner of service of the complaint: Served on Defendant by U.S.
mail, certified, restricted delivery, return receipt requested, postage prepaid.
Service was complete upon receipt by Joseph P. Keller, November 17, 2005.
Date of execution of the Affidavit required by § 3301 (d) of the Divorce Code:
November 1, 2005. Date of filing of Plaintiffs Affidavit: December 30,
2005. Date of service of Plaintiff s Affidavit upon Defendant: January 5,
2006.
4. Related claims pending: none.
5. Notice of Intention to Request Entry of Divorce Decree with Counter-
Affidavit was served on Defendant, by hand delivery at the Cumberland
ounty Courthouse, on January 5, 2006, a copy of wkich is attached.
Date tovall
Certified Legal Inte
G ??vG
WILLIAM MARTIN
ROBERT E. RAINS
THOMAS PLACE
LUCYJOHNSTON-WALSH
ANNE MACDONALD-FOX
Counsel for Defendant
FAMILY LAW CLINIC
45 N. Pitt St.
Carlisle, PA 17013
SAMANTHA J. KELLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
JOSEPH P. KELLER,
Defendant NO. 05-5944 CIVIL TERM
CERTIFICATE OF SERVICE
I, Jeffrey Stovall, hereby certify that on this 27`h day of February, 2006, I am
serving a true and correct copy of the Praecipe to Transmit Record and Divorce
Information Sheet on Joseph P. Keller by first class U.S. mail, addressed as follows:
Mr. Joseph P. Keller
142 East Chapel Ave.
Carlisle, PA 17013
Date: 0
Z9
6,
ZJe. Stovall
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
SAMANTHA J. KELLER,
Plaintiff
V.
JOSEPH P. KELLER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
Defendant : NO. 05-5944 CIVIL TERM
NOTICE OF INTENTION TO REQUEST ENTRY
OF § 3301(d) DIVORCE DECREE U copy
TO JOSEPH P. KELLER:
You have been sued in an action for divorce. You have failed to answer the complaint or
file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after January 25, 2006, the
other party can request the court to enter a final decree in divorce.
If you do not file with the prothonotary of the court an answer with your signature
notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in
divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to
this notice.
Unless you have already filed with the court a written claim for economic relief, you must
do so by the above date or the court may grant the divorce and you will lose forever the right to
ask for economic relief. The filing of the form counter-affidavit alone does not protect your
economic claims.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court 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 hearing or
business before the court. You must attend the scheduled conference or hearing.
L
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SAMANTHA J. KELLER,
Plaintiff
V.
JOSEPH P. KELLER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
Defendant : NO. 05-5944 CIVIL TERM
DEFENDANT'S COUNTER-AFFIDAVIT UNDER §3301(d)
OF THE DIVORCE CODE
Check either (a) or (b):
O (a) I do not oppose the entry of a divorce decree.
O (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both):
O (i) The parties to this action have not lived separate and apart for a period of
at least two years.
O (ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
O (a) I do not wish to make any claims for economic relief. 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.
O (b) I wish to claim economic relief which may include alimony, division of property,
lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic claims
with the prothonotary in writing and serve them on the other party. If I fail to do so before the date
set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered
without further delay.
I verify that the statements made in this counter-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 unswom
falsification to authorities.
Joseph P. Keller, Defendant
NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make
any claim for economic relief, you should not file this counter-affidavit.
SAMANTHA J. KELLER, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOSEPH P. KELLER,
DEFENDANT 05-5944 CIVIL TERM
ORDER OF COURT
AND NOW, this ts?- day of March, 2006, the request of plaintiff for
the entry of a final decree in divorce, IS DENIED AT THIS TIME.'
By the Court,
Edgar B. Bayley,
Jeffrey G. Stovall
Certified Legal Intern
Joseph P. Keller
142 East Chapel Ave ue
Carlisle, PA 17013
sal
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' Pa. Rule of Civil Procedure 1920.72(d) requires that a Section 3301(d) affidavit
notify the other party to file a counter-affidavit within twenty (20) days of service,
or the statements in the affidavit will be admitted. Rule 1920.73, providing for a
notice of intention to request the entry of a Section 3301(d) divorce decree,
requires that it include a statement that, "You have failed to ... file a counter-
affidavit to the § 3301(d) affidavit. Therefore, on or after (a date), the other party
can request the court to enter a final decree in divorce." (Emphasis added.)
Here, the notice of intention to request the entry of a Section 3301(d) divorce
decree was served on defendant on the same date as the Section 3301(d)
affidavit. Because defendant has twenty days from service of the Section
3301(d) affidavit to file a counter-affidavit, defendant cannot be notified on the
same day it is served that there has been a failure to file a counter-affidavit.
SAMANTHA J. KELLER,
Plaintiff
V.
JOSEPH P. KELLER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
Defendant : NO. 05-5944 CIVIL TERM
DEFENDANT'S COUNTER-AFFIDAVIT UNDER §3301(d)
OF THE DIVORCE CODE
Check either (a) or (b):
cl? (a) I do not oppose the entry of a divorce decree.
O (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both):
O (i) The parties to this action have not lived separate and apart for a period of
at least two years.
O (ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
(a) I do not wish to make any claims for economic relief. 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.
O (b) I wish to claim economic relief which may include alimony, division of property,
lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic claims
with the prothonotary in writing and serve them on the other party. If I fail to do so before the date
set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered
without further delay.
I verify that the statements made in this counter-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 unworn
falsification to authorities.
Date 3 ( (&M.-c-, ZOCCp
` ? L ,-
Jose P. Keller, Defendant
NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make
any claim for economic relief, you should not file this counter-affidavit.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
Plaintiff
No. 5944 2005
VERSUS
fe
DECREE IN
DIVORCE
AND NOW, v a IT IS ORDERED AND
DECREED THAT SAMANTHA J KELLFR PLAINTIFF,
AND JOSEPH P. KELLFR ,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;
-
?ij • _50
r •.
Ms. Samantha J. Keller,
Plaintiff
V.
Mr. Joseph Keller,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 05 - 5944 CIVIL TERM
NOTICE OF ELECTION TO RETAKE FORMER NAME
Notice is hereby given that the Plaintiff in the above matter, having been granted
a Final Decree in divorce from the bonds of matrimony on April 13, 2006, hereby elects
to retake and hereafter use her previous name of Samantha J. Brookes, and gives this
written notice avowing her intention in accordance with the provisions of 54 Pa.C.S. §
704.
Wishes To Be Known As:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
k i IA"My?' A
y?Ms. Samantha J. Keller
I ? l!1 ? ?? ? lei
Ms. Samantha J. Brookes
SS.
!A
On the day of , 2006, before me, a Notary Public, personally
appeared Ms. Samantha J. Keller, known to me to be the person whose name is
subscribed to the within document, and acknowledged that she executed the foregoing for
the purpose therein contained.
IN WITNESS THEREOF, I have hereunto set my hand and Notarial Seal.
- 1 /r/??
NOTARY PUBLIC
NOTARIAL SEAL
LINDA M. CARVER, NOTARY PUBLIC
CARLISLE BOR , ECUMBERLAND COUNTY
1IY COMMIS XI!'IRES DEC. S 2006
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Kara W. Haggerty, Esquire
Attomey I.D. #: 86914
2 West High Street
Carlisle, PA 17013
(717) 249-0900
SAMANTHA BROOKES,
(formerly Keller),
Plaintiff
V.
JOSEPH KELLER,
Defendant
CIVIL ACTION - LAW
IN CUSTODY
MOTION TO MODIFY CUSTODY
AND NOW, comes the Defendant, Joseph Keller, by and through his attorney, Kara W. Haggerty,
Esquire, of Abom & Kutulakis, L.L.P. and moves this Court to Modify Custody and in support thereof
avers as follows:
1. On January 8, 2006, an Order of Court was entered granting the parties shared legal and
physical custody of the minor child, Samuel Keller, born January 20, 2000. A copy of the Order of Court
is attached hereto as `Exhibit A'.
2. This Order should be modified for the following reasons:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2005-5944
a. For over a year, the schedule outlined in the prior Order of Court is not the
schedule that the parties have been following.
i. The parties have altered the custody schedule to provide Father custodial time on the
days that he is off from work; therefore, the custody schedule has been consistent with
Father's work schedule.
ii. As Father works second shift, he has also been exercising custody in the mornings on
any day that Samuel is off from school. 71),190 /0/' 4
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iii. The parties have been cooperating in providing Father custodial time at the times when
both he and the child are available.
b. For the summer months, the parties have been sharing custody by
providing Father custody overnight on Mondays, Wednesdays, Fridays and alternating Saturdays.
C. Father is proposing that the parties share physical custody as they have
been for over a year by providing Father the two days each work week that he is off from work as
well as the mornings on any day that Samuel is off from school. Furthermore, if Father works on
the weekend, he would exercise custody from 9:00 a.m. until 1:30 p.m. on Saturdays and Sundays.
Father would also be granted any weekend that he is off due to his scheduled rotation for work.
d. Samuel has been diagnosed with autism, and he benefits from a schedule
that provides him with stability and consistency while also permitting him to have contact with
both his mother and his father each week.
e. The parties reside in very close proximity to one another, and that allows
the schedule that Father is proposing to work for their situation.
f. Samuel works with therapists at his mother's home, has an Individualized
Education Plan JEP) at school, and attends special education classes. Father is supportive of all
of the efforts made to assist Samuel function with his autism.
g. Father believes and therefore avers that Samuel is able to function well with
his autistic nature in a structured environment.
h. Father believes and therefore avers that the structured environment that
Samuel is accustomed to is the schedule that the parties have been following for over the last year.
i. Father believes and therefore avers that it is in Samuel's best interests to
maintain the shared custody arrangement between the parties but to memorialize in the court order
the specific schedule the parties have been following for over a year.
WHEREFORE, it is respectfully requested that the Custody Order be modified to maintain the
shared physical custody between the parties but to amend the schedule to reflect the schedule the parties
have followed for over a year.
Respectfully submitted,
ABOM & KUTULAKIS, LLP
Date: Inz-3, LpGKara W. Haggerty, Esquire
2 West High Street
Carlisle, PA 17013
(717) 249-0900
ID #86914
Attorney for Defendant
SAMANTHA KELLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2005-5944 CIVIL ACTION - LAW
JOSEPH KELLER,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this.-day of a 06, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The Mother, Samantha Keller and the Father, Joseph Keller, shall have
shared legal custody of Samuel Keller, born January 20, 2000. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Child's general well-being including, but not limited
to, all decisions regarding his health, education and religion.
2. The parties shall have shared physical custody of the child on the
following schedule:
A. Father shall have physical custody of the child every Tuesday from 5:30
p.m. to Wednesday at 9:00 a.m. and every Thursday from 5:30 p.m. to
Friday at 9:00 a.m.
B. Father shall have physical custody of the child alternating weekends from
Friday at 5:30 p.m. to Sunday at 9:00 a.m.
C. On the off weekend, Father shall have physical custody of the child from
Sunday at 9:00 a.m. to Monday at 7:30 a.m.
D. Mother shall have physical custody of the child at all other times unless
otherwise agreed or specified herein.
3. Transportation shall be as follows:
A. Father shall pick up the child from school for custodial periods that begin
on Tuesday, Thursday and Friday.
B. Father shall return the child to Mother's house for custodial periods that
end on Monday, Wednesday and Friday.
C. Mother shall provide transportation to or from Father's house on Sundays.
4. Physical custody of the child on holidays, including but not limited to,
Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas, shall be
shared each year by mutual agreement of the parties.
5. During any periods of physical custody, the parties shall not possess or use
any controlled substance nor shall they consume alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other
household members and/or houseguests comply with this prohibition. Neither party shall
transport the child in a motor vehicle if he/she has been consuming alcohol or using
illegal drugs.
6. Neither parent will do anything nor permit a third party to do anything
which may estrange the child from the other parent, or injure the opinion of the child as
to the other parent, or which may hamper the free and natural development of the child's
love and respect for the other parent.
7. 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 s control.
BY THE COUR
cc: Jeffrey G. Stovall, certified legal intern, Counsel for Mother
Lucy Johnston-Walsh, Esquire, Family Law Clinic
Joseph Keller, pro se }
142 East Chapel Avenue l
Carlisle, PA 17013
VERIFICATION
I, JOSEPH KELLER, verify that the statements made in foregoing 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
JO P KELLER
CERTIFICATE OF SERVICE
AND NOW, this day of March, 2010, I, Kara W. Haggerty, Esquire of ABOM &
KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the
foregoing Motion to Modify Custody by First Class U.S. Mail addressed to the following:
Samantha Brookes
10 Spring Garden Estates
Carlisle, PA 17015
SAMANTHA BROOKES IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
2005-5944 CIVIL ACTION LAW
JOSEPH KELLER
DEFFNDANT
IN CUSTODY
ORDER OF COURT
AND NOW, __ -Wednesday, March 31, 2010 , 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 Monday, May 03, 2010 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 he accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinLi.
FOR THE COURT.
By: /s/ ac ueline 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
FORTiI BFLOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. rv
Cumberland County Bar Association - C= -'?
32 South Bedford Street
all Carlisle, Pennsylvania 17013
V Telephone (717)249-')166 40 ?I-Lc 6
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19
AB OM c52'
WTLILAKIS
Kara W. Haggerty, Esquire
Attorney I.D. #: 86914
2 West High Street
Carlisle, PA 17013
(717) 249-0900
SAMANTHA BROOKES,
(formerly Keller),
Plaintiff
V.
JOSEPH KELLER,
Defendant
t)F THE ?' N TARP
1410 APR 22 PM 3- 26
CUMPE I S;tLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2005-5944
CIVIL ACTION - LAW
IN CUSTODY
AFFIDAVIT OF SERVICE
I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the Complaint
under Sections 3301 (a), (c) and (d) of the Divorce Code, upon the Defendant, by depositing, or causing to be
deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on Nichole Brant, at
Shippensburg, Pennsylvania, addressed as follows:
Samantha J. Brookes
10 Spring Garden Estates
Carlisle, PA 17015
Return card acknowledging receipt on April 14, 2010, is attached as Exhibit "A".
ABOM dir KuTULmus, LLP
Date: 12-0 1 Q
q(t
Kara W. Haggerty, Es?j e / J
Attorney I.D. No: 8 v
2 West High Street
Carlisle, PA 17013
(717)249-0900
Attorney far Plaintiff
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Att*h this card to the back of the mailpiece,
or tart the front if space permits.
1. Artialra Addressed to:
&VY t4? ?. &.ev ?W
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A.
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113
e iecsivea Pete of Delivery
?? 1M(q D. Is delivery address di avat from item 1? 13 Yes
If YES, enter delivery address below: ? No
3. Service type
? Certified Mail ? Express Mail
? Registered ? Return Receipt fair MercharWbe
? Insured mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(ransferfrom service MW 7008 1830 0003 5942 5401
Ps Form 3811, Febrtwy 2w4 Domestic Return Receipt 102$95-02-M-1540
CERTIFICATE OF SERVICE
AND NOW, this 20th day of April, 2010, I, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS,
LLP, hereby certify that I did serve a true and correct copy of the foregoing Affidavit of Service by
depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid
addressed to the following:
Samantha J. Brookes
10 Spring Garden Estates
Carlisle, PA 17015
Respectfully submitted,
ABom &KUrur_.aias, LLP
J
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Kara. W. Haggerty, e
2 West High Street's
Carlisle, PA 17013
(717) 249-0900
ID No. 86914
Attorney for Plaintiff
. I'? r J w Ff
ABOM CS2'
KLITLILAKIS
Kara W. Haggerty, Esquire
Attorney I.D. #: 86914
2 West High Street
Carlisle, PA 17013
(717) 249-0900
SAMANTHA BROOKES,
(formerly Keller),
Plaintiff
V.
JOSEPH KELLER,
Defendant
2010 APR 27 PM 3 02
CUB' ' ' 1NTY
? LVAN,7/f
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2005-5944
CIVIL ACTION - LAW
IN CUSTODY
AMENDED AFFIDAVIT OF SERVICE
I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the Custody
Complaint, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified,
restricted delivery, postage prepaid, on Nichole Brant, at Shippensburg, Pennsylvania, addressed as follows:
Samantha J. Brookes
10 Spring Garden Estates
Carlisle, PA 17015
Return card acknowledging receipt on April 14, 2010, is attached as Exhibit "A".
ABOM & KUTULA"s, LLP
Date: orla
Kara W. Haggerty, ZZ
Attorney I.D. No: 8 2 West High Street
Carlisle, PA 17013
(717)249-0900
Attorney for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this 26th day of April, 2010, I, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS,
LLP, hereby certify that I did serve a true and correct copy of the foregoing Affidavit of Service by
depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid
addressed to the following:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 W. Pomfret Street
Carlisle, PA 17013
Respectfully submitted,
ABom & KUTUL.4ias, LLP
Kara W. Haggerty, Es e
2 West High Street
Carlisle, PA 17013
(717) 249-0900
ID No. 86914
Attorney for Plaintiff