Loading...
HomeMy WebLinkAbout06-3082STEVEN F. KENNEDY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLV. V. : No. U 4 - 30 52 Civil Term PAMELA J. CROWELL, : IN CUSTODY Defendant CUSTODY COMPLAINT 1. Plaintiff is Steven F. Kennedy, who currently resides at 385 Clouser New Bloomfield, Perry County, Pennsylvania, 17068. 2. Defendant is Pamela J. Crowell, who currently resides 603 West Keller Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff is the father of the following child and seeks a custody order following child: NAME DOB/AGE ADDRESS Amber E. Kennedy 7/9/95(10) 603 W. Keller St. Mechanicsburg, Pa. 1 Mother and Father married in 1994 and divorced in 1997. Mother currently physical custody of the child. During the past five years, the child has with the following persons and at the addresses: NAME ADDRESSES DATES Road, the primary Pamela J. Crowell 603 W. Keller St. 2004 - presej Dan Crowell, husband Mechanicsburg, Pa. 17055 Tyler Gardner, half-sibling (5) Camry Crowell, half-sibling (1) Pamela J. Crowell Elm St. 2001 - 2004 Mike Gardner, husband Mechanicsburg, Pa. 17055 Tyler Gardner, half-sibling (8) The mother of the child is Pamela J. Crowell. She currently resides at 603 St., Mechanicsburg, Pa., 17055. She is married to Dan Crowell. The father the child is Steven F. Kennedy. He currently resides at 385 Road, New Bloomfield, Pa. 17068. He is married to Tracy Kennedy. 4. The relationship of Plaintiff to the children is that of Father. The Plaintiff resides with his wife, Tracy Kennedy, and her child, Jeremy Dashiell (15). 5. The relationship of Defendant to the child is that of Mother. The persons Defendant currently resides with are her husband, Dan Crowell, and her children, T; (5) and Camry Crowell (1). Keller Hollow tthe Gardner 6. Plaintiff has not participated as a party or witness, or in another capacity, i other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has ;physical cus child or anyone who claims to have custody or visitation rights with respect to the 7. The best interest and permanent welfare of the child will be served by relief requested because: Father currently has regular visits with his child Ambc partial custody. 8. Each parent whose parental rights to the child have not been terminated who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to enter a custody Order Respectfully iStreet Date: ?b l b 10 Jane A ams, re .D. No 794o Pitt Carlisle, Pa. 173 (717) 245-8508 ATTORNEY FOR PLAINTIFF in a of the the the person the child. VERIFICATION I verify that the statements made in this Custody Complaint are true and understand that false statements herein are made subject to the penalties of 18 Pa.C.S, relating to unswom falsification to authorities. f, Date: la?? b Steven F. Kennedy, §4904 V 1 CI) 4 n ? s rrt , , ? CP STEVEN F. KENNEDY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-3082 CIVIL ACTION LAW PAMELA J. CROWELL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, June 05, 2006 , 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, July 11, 2006 at 10:30 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 ueKne 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 a 6 S :? N ld 9- f j!or 96Ol IJ i i jJ Jo SEP 0 5 2006 STEVEN F. KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3082 CIVIL ACTION - LAW PAMELA J. CROWELL, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of ?VZZ( - , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Steven F. Kennedy and the Mother, Pamela J. Crowell, shall have shared legal custody of Amber E. Kennedy, born July 9, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody as follows: A. During the school year, alternating weekends from Friday at approximately 5:00 p.m. to Sunday at 5:00 p.m. Amber shall be in her Mother's physical custody the same weekends that Mother's son, Tyler, is in her physical custody. The parents will arrange the weekends in such a manner so that neither parent will have more than two consecutive weekends. `1, _t ,?" 1 t K'?C' arY ? ? ? t,? B. During the summer, physical custody shall be shared on a week on/week off basis. The exchange day and time shall be Fridays at 5:00 p.m. Father shall get the first week after school is recessed, i.e. the first Friday after school ends. The week on/week off schedule shall end the second Friday before school resumes, so that Mother shall have physical custody of the child at least two weeks before school resumes. The parties acknowledge that Amber has friends, activities and various interests. The parties shall adjust the summer schedule to accommodate her interests and activities. 4. Holidays: A. Christmas shall be divided into two Blocks. Block A shall be 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. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. B. Thanksgiving shall be divided into two Blocks. Block A shall be from Wednesday (the day before Thanksgiving) at 5:00 p.m. to Thursday at 5:00 p.m. and Block B shall be from Thursday at 5:00 p.m. to Friday at 5:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. C. Easter shall be divided into two Blocks. Block A shall be from Thursday (before Easter) at 5:00 p.m. to Saturday at 5:00 p.m. and Block B shall be from Saturday at 5:00 p.m. to Monday at 5:00 p.m., unless the child has school on the Monday at Easter, in which case then to Sunday at 5:00 p.m. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. D. New Year's. Father shall always have New Year's Eve from 12:00 noon on New Year's Eve to January 1 at 6:00 p.m. E. Memorial Day and Labor Day. Father shall always have physical custody of the child on Memorial Day and Labor Day from 5:00 p.m. the day before the holiday to 5:00 p.m. the day of the holiday. F. July 4th. Mother shall always have physical custody of the child on July 4th from 5:00 p.m. the day before the holiday to 5:00 p.m. the day of the holiday. G. Mother shall always have physical custody of the child on Mother's Day and Father shall always have physical custody of the child on Father's Day at times agreed by the parties. 5. Transportation shall be shared such that Father will always pick up the child from Mother and upon return of the child meet at Sterrett's Gap and Route 34. 6. 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. BY THE COURT, cc: Jane Adams, Esquire, Counsel for Father Samuel L. Andes, Esquire, Counsel for Mother J. STEVEN F. KENNEDY, Plaintiff V. PAMELA J. CROWELL, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-3082 CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Amber E. Kennedy DATE OF BIRTH CURRENTLY IN CUSTODY OF July 9, 1995 Mother 2. A Conciliation Conference was held in this matter on August 31, 2006, with the following in attendance: The Father, Steven F. Kennedy, with his counsel, Jane Adams, Esquire, and the Mother, Pamela J. Crowell, with her counsel, Samuel L. Andes, Esquire. 3. The parties agreed to an Order in the form as attached. Date J1 cqu e M. Verney, Esquire Custody Conciliator STEVEN F. KENNEDY Plaintiff V. PAMELA J. CROWELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06 - 3082 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF A CUSTODY R PARTIAL CUSTODY ORDER AND NOW comes Steven F. Kennedy, natural father of the subject child, by his attorney, Dirk E. Berry, Esquire, and respectfully avers as follows: 1. The petition of Steven Kennedy respectfully represents that on September 7, 2006, an Order of Court was entered for Primary Physical and Partial Physical Custody, a true and correct copy of which is attached. 2. This Order should be modified because: a. Over time, the circumstances of the parents and the child have changed, resulting in a situation where reversal of the primary physical custody and partial physical custody roles of father and mother is now better for the child and in her best interests. b. The parental primary/partial roles have been trending towards reversal for the last several months. C. The child will turn 13 years of age in July, 2008, and upon information and belief, she desires the change in primary/partial roles. d. Additionally, the previous Order mandates excessive transportation responsibilities being placed upon Father. Father seeks shared transportation whereby the receiving parent will be responsible for picking up and transporting the child. WHEREFORE, Petitioner, Steven F. Kennedy, respectfully requests this Honorable Court modify the existing Order for primary physical or partial physical custody of the child, Amber e. Kennedy, because it will be in the best interest of the child. Respectfully submitted, LAW OFFICE OF DIRK BERRY, ESQ. A-A Dirk E. Berry, Esquire Attorney for Plaintiff 44 S. Hanover St. Carlisle, PA 17013 (717) 243-4448 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. § 49104 relating to unsworn falsification to authorities. to -15-09 F- Date STEVEN F. KENNEDY RECEIVED . ?, STEVEN F. KENNEDY, : IN THE COURT OF COMMO Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3082 CIVIL ACTION - LAW PAMELA J. CROWELL, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 11 rs& day of , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as ; follows: --? - -- ' 1. The Father, Steven F. Kennedy and the Mother, Pamela J. Crowell, shall have shared legal custody of Amber E. Kennedy, born July 9, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information-pertaining to the child including, but: not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody as follows: A. During the school year, alternating weekends from Friday at approximately 5:00 p.m. to Sunday at 5:00 p.m. Amber shall be in her Mother's physical custody the same weekends that Mother's son, Tyler, is in her physical custody. The parents will arrange the weekends in such a manner so that neither parent will have more than two consecutive weekends. B. During the summer, physical custody shall be shared on a week on/week off basis. The exchange day and time shall be Fridays at 5:00 p.m. Father shall get the first week after school is recessed, i.e. the first Friday after school ends. The week on/week off schedule shall end the second Friday before school resumes, so that Mother shall have physical custody of the child at least two weeks before school resumes. The parties acknowledge that Amber has friends, activities and various interests. The parties shall adjust the summer schedule to accommodate her interests and activities. 4. Holidays: A. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Blocko. B shall be from Christmas Day at 12:00 noon to-Decembei 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered. years and Block B in even numbered years. B. Thanksgiving shall be divided into two Blocks. Block A shall be from Wednesday (the day before Thanksgiving) at 5:00 p.m. to Thursday at 5:00 p.m. and Block B shall be from Thursday at 5:00 p.m. to Friday at 5:00 p.m. Mother shall have Block A in even numbered years;and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. C. Easter shall be divided into two Blocks. Block A shall be from Thursday (before Easter) at 5:00 p.m. to Saturday at 5:00 p.m. and Block B shall be from Saturday at 5:00 p.m. to Monday at 5:00 p.m., unless the child has school on the Monday at Easter, in' which case then to Sunday at 5:00 p.m. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. D. New Year's. Father shall always have New Year's Eve from 12:00 noon on New Year's Eve to January 1 at 6:00 p.m. E. Memorial Day and Labor Day. Father shall always have physical custody of the child on Memorial Day and Labor Day from 5:00 p.m. the day before the holiday to 5:00 p.m. the day of the holiday. F. July 4`h. Mother shall always have physical custody of the child on July 4`h from 5:00 p.m. the day before the holiday to 5:00 p.m. the day of the holiday. G. Mother shall always have physical custody of the child on Mother's Day and Father shall always have physical custody of the child on Father's Day at times agreed by the parties. 5. Transportation shall be shared such that Father will always pick up the child from Mother and upon return of the child meet at Sterrett's Gap and Route 34. 6. 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. BY THE COURT, J. cc: Jane Adams, Esquire, Counsel for Father Samuel L. Andes, Esquire, Counsel for Mother I-RUE COPY FROM HtUOh,, in Testimony whereof, I here unto set my hand and the seal of said Cou at Carlisle. Pa. j1 _ 7 a " &W af a-co C' Prothonourv STEVEN F. KENNEDY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06 - 3082 CIVIL TERM PAMELA J. CROWELL : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certify that on this day Plaintifft's Petition for Modification of Custody was served by First-Class mail upon the following persons: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Date: C - - ° 6 Di& E. Berry, quire Attorney for Plamtiff/Petitioner 44 S. Hanover St. Carlisle, PA 17013 (717) 243-4448 r~ C) - rn 4 ask C) R T STEVEN F. KENNEDY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA J. CROWELL DEFENDANT 2006-3082 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 24, 2008 , 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, July 31, 2008 at 10:30 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/ ac uc ne 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 /'\I1 Fi Mtn ?n4J ?,:D, ?C, Pul SZ HAP 946z JUL 3120086 STEVEN F. KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3082 CIVIL ACTION - LAW PAMELA J. CROWELL, Defendant IN CUSTODY ORDER OF COURT AND NOW, this Pt day of , 2008, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of Court dated September 7, 2006 is hereby vacated and replaced with the following. 2. The Father, Steven F. Kennedy and the Mother, Pamela J. Crowell, shall have shared legal custody of Amber E. Kennedy, born July 9, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Father shall have primary physical custody of the child. 4. Mother shall have periods of partial physical custody as follows: A. During the school year, alternating weekends from Friday at approximately 5:00 p.m. to Sunday at 5:00 p.m. Amber shall be in her n ???? ? jt ?' ? ? t?`d ?? q ?,? ?> „? Mother's physical custody the same weekends that Mother's son, Tyler, is in her physical custody. The parents will arrange the weekends in such a manner so that neither parent will have more than two consecutive weekends. B. During the summer, physical custody shall be shared on a week on/week off basis. The exchange day and time shall be Fridays at 5:00 p.m. Mother shall get the first week after school is recessed, i.e. the first Friday after school ends. The week on/week off schedule shall end the second Friday before school resumes, so that Father shall have physical custody of the child at least two weeks before school resumes. The parties acknowledge that Amber has friends, activities and various interests. The parties shall adjust the summer schedule to accommodate her interests and activities. 5. Holidays: A. Christmas shall be divided into two Blocks. Block A shall be 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. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. B. Thanksgiving shall be divided into two Blocks. Block A shall be from Wednesday (the day before Thanksgiving) at 5:00 p.m. to Thursday at 5:00 p.m. and Block B shall be from Thursday at 5:00 p.m. to Friday at 5:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. C. Easter shall be divided into two Blocks. Block A shall be from Thursday (before Easter) at 5:00 p.m. to Saturday at 5:00 p.m. and Block B shall be from Saturday at 5:00 p.m. to Monday at 5:00 p.m., unless the child has school on the Monday at Easter, in which case then to Sunday at 5:00 p.m. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. D. New Year's. Father shall always have New Year's Eve from 12:00 noon on New Year's Eve to January 1 at 6:00 p.m. E. Memorial Day and Labor Day. Father shall always have physical custody of the child on Memorial Day and Labor Day from 5:00 p.m. the day before the holiday to 5:00 p.m. the day of the holiday. F. July 4`h. Mother shall always have physical custody of the child on July 4ch from 5:00 p.m. the day before the holiday to 5:00 p.m. the day of the holiday. G. Mother shall always have physical custody of the child on Mother's Day and Father shall always have physical custody of the child on Father's Day at times agreed by the parties. 5. Transportation shall be shared such that the receiving party shall transport. 6. This Order is entered pursuant to 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. BY THE COURT, if, J. cc: irk E. Berry, Esquire, Counsel for F J Pamela J. Crowell, pro se 603 W. Keller Street Mechanicsburg, PA 17055 1-0 %'es rrt`a t u4L LILq 141 IWO I STEVEN F. KENNEDY, Plaintiff V. PAMELA J. CROWELL, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-3082 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Amber E. Kennedy July 9, 1995 Father 2. A Conciliation Conference was held in this matter on July 31, 2008, with the following in attendance: The Father, Steven F. Kennedy, with his counsel, Dirk E. Berry, Esquire. Mother, Pamela J. Crowell, although aware of the conference, did not appear. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated September 7, 2006, providing for shared legal custody, with Mother having primary physical custody and Father having periods of partial physical custody. 4. Father requested an Order in the form as attached. -7-31-01 Date acq line M. Verney, Esquire Custody Conciliator STEVEN F. KENNEDY C') IN THE COURT OF COMMON PLEAS OF b `n Plaintiff, CUMBERLAND COUNTY, PENNSYLVAl N _ ?- ..a m z? -unrni v. NO. 2006-3082 CIVIL ACTION WQ? a° PAMELA J. CROWELL . r--a = --+o ° Defendant. p IN CUSTODY 'Z;- z :- °rn 4 PETITION TO MODIFY CUSTODY cn AND NOW comes Pamela J. Crowell by and through her attorney, Mark F. Bayley, and in support of the within motion avers as follows: 1. The Petitioner is Pamela J. Crowell (hereinafter "Mother"), who is an adult individual residing at 603 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent is Steven F. Kennedy (hereinafter "Father"), who is an adult individual residing 885 Clouser Hollow Road, New Bloomfield, Perry County, Pennsylvania. 3. The parties are the natural parents of Amber E. Kennedy, born July 9, 1995 (hereinafter "Child") 4. A custody Order was entered in this matter on August 1, 2008, which provides Father with primary physical custody of the child and Mother with periods of partial physical custody. Copy of said Order is attached as "Exhibit A." 5. Mother is requesting that the Order be modified because the best interest of the child would currently best be served by the child residing primarily with Mother in Cumberland County. 7 co a LL(? WHEREFORE, Mother requests that a conciliation conference be scheduled for the parties to attempt to resolve this matter by agreement and, if an agreement cannot be reached, for a hearing to be scheduled regarding the matter. Date: f Respectfully submitted, BAYLEY & MANGAN '//UI Mark F. Bayley, Esq ' e 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 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. Cons. Stat. § 4904 relating to unsworn falsification to authorities. to-a9-l/ Date Pamela Crowell JUL 3120086 STEVEN F. KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3082 CIVIL ACTION - LAW PAMELA J. CROWELL, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this /L day of 4, , 2008, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of Court dated September 7, 2006 is hereby vacated and replaced with the following. 2. The 'Father, Steven F. Kennedy and the Mother, Pamela J. Crowell, shall have shared legal custody of Amber E. Kennedy, born July 9, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa.C,S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Father shall have primary physical custody of the child. 4. Mother shall have periods of partial physical custody as follows: A. During the school year, alternating weekends from Friday at approximately 5:00 p.m. to Sunday at 5:00 p.m. Amber shall be in her q EXHIMT Mother's physical custody the same weekends that Mother's son, Tyler, is in her physical custody. The parents will arrange the weekends in such a manner so that neither parent will have more than two consecutive weekends. B. During the summer, physical custody shall be shared on a week on/week off basis. The exchange day and time shall be Fridays at 5:00 p.m. Mother shall get the first week after school is recessed, i.e. the first Friday after school ends. The week on/week off schedule shall end the second Friday before school resumes, so that Father shall have physical custody of the child at least two weeks before school resumes. The parties acknowledge that Amber has friends, activities and various interests. The parties shall adjust the summer schedule to accommodate her interests and activities. Holidays: A. Christmas shall be divided into two Blocks. Block A shall be 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. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. B. Thanksgiving shall be divided into two Blocks. Block A shall be from Wednesday (the day before Thanksgiving) at 5:00 p.m. to Thursday at 5:00 p.m. and Block B shall be from Thursday at 5:00 p.m. to Friday at 5:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. C. Easter shall be divided into two Blocks. Block A shall be from Thursday (before Easter) at 5:00 p.m. to Saturday at 5:00 p.m. and Block B shall be from Saturday at 5:00 p.m. to Monday at 5:00 p.m., unless the child has school on the Monday at Easter, in which case then to Sunday at 5:00 p.m. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. D. New Year's. Father shall always have New Year's Eve from 12:00 noon on New Year's Eve to January 1 at 6:00 p.m. E. Memorial Day and Labor Day. Father shall always have physical custody of the child on Memorial Day and Labor Day from 5:00 p.m. the day before the holiday to 5:00 p.m. the day of the holiday. F. July 4t'. Mother shall always have physical custody of the child on July 4t' from 5:00 p.m. the day before the holiday to 5:00 p.m. the day of the holiday. G. Mother shall always have physical custody of the child on Mother's Day and Father shall always have physical custody of the child on Father's Day at times agreed by the parties. 5. Transportation shall be shared such that the receiving party shall transport. 6. This Order is entered pursuant to 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. BY THE COURT, cc: irk E. Berry, Esquire, Counsel f Pamela J. Crowell, pro se 603 W. Keller Street Mechanicsburg, PA 17055 l_O ?'es rn'a.t? tim T,?-;L r; f =n?MARY 1106 AUG -4 AN g: 34 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3082 IN CUSTODY CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the within STEVEN F. KENNEDY Plaintiff, V. PAMELA J. CROWELL Defendant. document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Dated: (' j ??" Z?- l Dirk E. Berry, Esquire 44 South Hanover Street Carlisle, PA 7013 F. Bayley, Esqui 7r? FILED-OFFICE BAYLEY & MANGAN OF T RARY Mark F. Bayley, Esquire 2011 JUN 29 PH 1: 56 Attorney I.D. #: 87663 17 West South Street CUMBERLAND COUNTY Carlisle, PA 17013 PENNSYLVANIA (717) 241-2446 STEVEN F. KENNEDY IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-3082 CIVIL ACTION - LAW PAMELA J. CROWELL Defendant. IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Pamela J. Crowell, in the above- captioned matter. Date. Mark F. Bayley, Es uire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 STEVEN F. KENNEDY Plaintiff, V. PAMELA J. CROWELL Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3082 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the within document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: -2g-- I Dated: -(D Dirk E. Berry, Esquire 44 South Hanover Street Carlisle, PA 17013 ? /t/V`7' F. Bayley, E uire STEVEN F. KENNEDY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA c V MM ^, ' . 2006-3082 CIVIL ACTION LAW C= mar= z ? r*o PAMELA J. CROWELL IN IN CUSTODY mac-: -n DEFENDANT 5;c: GJ ---I m ORDER OF COURT AND NOW, Wednesday, July 06, 2011 , upon consideration of the attached Complai nt, 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, August 02, 2011 _ at 2:30 PM 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 hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es q. Y-/ 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 ted Coll C/ 7/7//i A-1 STEVEN F. KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLY4NJA c ?, 2006-3082 CIVIL ACTION - LAV?CD c- NO V. : . -. =Z;;0 '-' or- - ROWELL, PAMELA J r ?> Cc> - M 7UED C . Defendant ? IN CUSTODY -c o ,,, -1 C-, = o -n C) n ORDER OF COURT 4 c Cn AND NOW, this 2 7" day of , 2008, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of Court dated August 1, 2008 is hereby vacated and replaced with the following. 2. The Father, Steven F. Kennedy and the Mother, Pamela J. Crowell, shall have shared legal custody of Amber E. Kennedy, born July 9, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody: A. During the summer, between 4-7 overnights per month at times agreed by Father and child with the child giving Father two weeks' notice of the days. Exchange time shall be 6:00 p.m. unless otherwise agreed by the parties. The relinquishing party shall transport. B. During the school year, a minimum one weekend per month to coincide with Father's work schedule with the child giving Father two weeks' notice of the weekend. Exchange time shall be 6:00 p.m. unless otherwise agreed by the parties. The relinquishing party shall transport. C. Such other times as the parties agree. 5. Holidays: A. Christmas shall be divided into two Blocks. Block A shall be 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. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. B. Thanksgiving shall be divided into two Blocks. Block A shall be from Wednesday (the day before Thanksgiving) at 5:00 p.m. to Thursday at 5:00 p.m. and Block B shall be from Thursday at 5:00 p.m. to Friday at 5:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. C. Easter shall be divided into two Blocks. Block A shall be from Thursday (before Easter) at 5:00 p.m. to Saturday at 5:00 p.m. and Block B shall be from Saturday at 5:00 p.m. to Monday at 5:00 p.m., unless the child has school on the Monday at Easter, in which case then to Sunday at 5:00 p.m. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 6. This Order is entered pursuant to an agreement reached 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. BY THE COURT, cc: Mark F. Bayley, Esquire, Counsel for ./ Steven F. Kennedy, pro se 885 Clouser Hollow Road New Bloomfield, PA 17068 . Iq J. Mod 1/o/if orb STEVEN F. KENNEDY, Plaintiff V. PAMELA J. CROWELL, Defendant PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-3082 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Amber E. Kennedy July 9, 1995 Father 2. A Conciliation Conference was held in this matter on July 26, 2011, with the following in attendance: The Mother, Pamela J. Crowell, with her counsel, Mark F. Bayley, Esquire and Father, Steven F. Kennedy, pro se. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated August 1, 2008, providing for shared legal custody, with Father having primary physical custody during the school year, Mother having alternating weekends and parents sharing physical custody in the summer on a week on/week off basis. 4. The parties agreed to a Custody Order in the form as attached. Date i i acq ine M. Verney, Esquire Custody Conciliator