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HomeMy WebLinkAbout06-7085Spencer Abel Law Office Suzanne Spencer Abel, Esq. 22 East Street, #6 Mt. Holly Springs, PA 17065 (717) 323-0046 spencer abel_esq@fastmail.fm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTOPHER KLEIN, Plaintiff V. CARRIE ANN BRODBECK, Defendant 2006 - 76 F'S CIVIL TERM CIVIL ACTION - LAW CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTOPHER KLEIN, Plaintiff 2006 - 70 ?'5?- CIVIL TERM V. CIVIL ACTION - LAW CARRIE ANN BRODBECK, CUSTODY Defendant COMPLAINT FOR CUSTODY AND NOW, this Q0- day of December, 2006, comes Plaintiff, Kristopher Klein, by and through his attorney, Suzanne Spencer Abel, Esq., and who files the following Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is Kristopher Klein, currently residing at 826 Torway Road, Gardners, Pennsylvania 17324, Cumberland County. 2. The Defendant is Carrie Ann Brodbeck, currently residing at 307 East Queeensdale Drive, York, Pennsylvania 17403, York County. 3. Plaintiff seeks physical custody of the parties' two minor children: a. Kordell Klein DOB: 02/05/05 Age: 1 year b. Kalee Klein DOB: 03/29/06 Age: 10 months The children were born out of wedlock. The children are presently in the custody of Defendant, residing at 307 East Queeensdale Drive, York, Pennsylvania 17403, York County. During the past 5 years, Kordell Klein and Kalee Klein have resided with the following persons and at the following addresses: Page 1 A. From the February 5, 2005 through the June 2005, with Plaintiff, Kristopher Klein, and Defendant, Carrie Ann Brodbeck, at 4 North Blacksmith Ave, Windsor, PA, York; B. From June 2005 through October 2005 at 4585A Chambersburg Road, Biglerville, PA 17307 with Plaintiff, Defendant, and the following: a. Plaintiffs mother, Linda Loar - age 42 b. Plaintiffs step-father, Daniel Loar - age 35 C. Plaintiffs brother, Kyle Klein - age 18 d. Plaintiffs brother, Kirtis Klein - age 17 e. Plaintiffs brother, Kenneth Klein -age 7 f. Plaintiffs sister, Kalynn Klein - age 6 g. Plaintiffs foster sister, Shannon Love - age 17 C. From October 2005 through November 2005 at Caledonia State Park with Plaintiff and Defendant; D. From November 2005 through May 2006 at 1001 Fairfield Station Road, Fairfield, PA with Plaintiff, Defendant, and the following: a. Plaintiffs brother, Kyle Klein - age 18 b. Plaintiffs brother's girlfriend, Donna Rose - age 19 E. From May 2006 through November 8, 2006 at 826 Torway Road, Gardners, Pennsylvania 17324 with Plaintiff and Defendant. The mother of Kordell and Kalee is Carrie Ann Brodbeck, currently residing at 307 East Queeensdale Drive, York, Pennsylvania 17403, York County. She is not married to the Plaintiff. Page 2 The father of Kordell and Kalee is Kristopher Klein, currently residing at 826 Torway Road, Gardners, Pennsylvania 17324, Cumberland County. He is not married to the Defendant. 4. The relationship of the Plaintiff to Kordell and Kalee is that of natural father. Plaintiff currently resides by himself 5. The relationship of the Defendant to Kordell and Kalee is that of natural mother. Defendant currently resides with the following persons: a. Kordell Klein 1 year old son of Defendant b. Kalee Klein 10 month old daughter of Defendant 6. Plaintiff has not participated as a party in other litigation concerning the custody of Kordell and Kalee. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interests and permanent welfare of Kordell and Kalee will be served by granting the relief requested because: a. On November 8, 2006, Defendant abandoned the family residence, taking both children and refusing to provide any means to contact Defendant or anyone with any knowledge of the whereabouts or status of the minor children, so that Plaintiff has been unable to see or learn of his children's condition since Defendant's abandonment, despite repeated efforts by Page 3 Plaintiff, Plaintiff's family, and Mid-Penn Legal Services to locate his children. b. Plaintiff shared physical custody of Kordell and Kalee since each child's respective birth until Defendant's abandonment of the family residence; C. Plaintiff has been jointly responsible for the daily care of Kordell and Kalee, both of whom are of tender years since each child's respective births; d. Plaintiff provides Kordell and Kalee with a home with more than adequate moral, emotional and physical surroundings as required to meet each child's needs; e. Plaintiff provides a more continuously stable home environment; Plaintiff lives close to his mother and step-father, who have been a long- term, daily, positive influence, and who have helped provide for the physical, emotional and social needs of both minor children since their respective births; g. On sporadic but increasingly frequent occasions from February 5, 2005 through November 8, 2006, Defendant physically and verbally assaulted Plaintiff and the minor children. Defendant struck Plaintiff in the face, resulting in Plaintiff's sustaining a black eye that was apparent to, inter alia, the children's day care provider. Defendant struck Plaintiff on the back of the head with a frying pan, causing Plaintiff to momentarily lose consciousness. Page 4 iii. Defendant repeatedly screamed and yelled obscenities at Plaintiff as Defendant simultaneously threw items at Plaintiff, all occurring in the presence of the minor children. iv. Defendant shook Kaylee severely enough to cause bilateral "thumbprint" bruises on her bottom ribs. V. Defendant's spontaneous abandonment of the family residence and abscondment with the minor children occurred the day after Plaintiff discussed with Defendant Kalee's "thumbprint" rib bruises and Defendant's assertion that she could do what she wanted to her children and that he would never see his children again. h. Defendant's escalating physical and verbal abuse towards Plaintiff, Kordell,and Kalee renders Defendant unable to parent the children in a healthy and safe manner. Shortly before abandoning the family residence in November 2006, Defendant advised Plaintiff she is pregnant with their third child. In the course of the parties' 22-month parental relationship, Defendant alternately advised Plaintiff that the minor children, including their unborn child, were his biological children, and were not his biological children. k. Plaintiff is, and has always been, willing to accept physical custody of Kordell and Kalee. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a Page 5 right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: none. 9. Plaintiff believes the best interests of the minor children will be best served by granting him joint legal custody and primary physical custody of Kordell and Kalee. 10. On or about November 30, 2006, Defendant filed for Child Support through York County Domestic Relations Office, enabling Plaintiff to finally learn of Defendant's, and his minor children's, whereabouts. WHEREFORE, Plaintiff respectfully requests this Honorable Court to order an granting him joint legal and primary physical custody of the two minor children. Respectfully submitted, Spencer Abel Law Office I- "? Suza a Spen r Abel, Esq. Attorney ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 spencer abel_esq@fastmail.fm Counsel for Plaintiff, Kristopher Klein Page 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTOPHER KLEIN, Plaintiff 2006- CIVIL TERM V. CIVIL ACTION - LAW CARRIE ANN BRODBECK, CUSTODY Defendant VERIFICATION I VERIFY that,I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements 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.A. §4904 relating to unsworn falsification to authorities. Date: 'i Z1-i ZzD-6 Kristopher Klein IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTOPHER KLEIN, : 2006 - CIVIL TERM V. CIVIL ACTION - LAW CARRIE ANN BRODBECK, CUSTODY Defendant CERTIFICATE, OF SERVICE I certify that, concurrent with filing the foregoing Complaint for Custody, I am this day serving a copy of same by Certified First Class Mail, return receipt requested, to the following: Carrie Ann Brodbeck 307 East Queensdale Drive York, PA 17403 Date: / /© Plaintiff Suz a Spence Abel - 22 East Street, #6 Mt. Holly Springs, PA 17065 (717) 323-0046 spencer abel_esq@fastmail.fm f`J C-? CTl r rQ aS -< U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTOPHER KLEIN, V. Plaintiff CARRIE ANN BRODBECK, Defendant 2006 - 76 gSCIVIL TERM CIVIL ACTION - LAW CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Kristopher Klein, Plaintiff, to proceed in forma pauperis. I, Suzanne Spencer Abel, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Respectfully submitted, Spencer Abel Law Office %jAIIHI?MNOfd Suza 8pbncet Abel, Esq. Attor ID #202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 spencer abel_esq@fastmail.fm Counsel for Plaintiff, Kristopher Klein Page 1 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTOPHER KLEIN, v. Petitioner CARRIE ANN BRODBECK, Respondent 2006 - -76 CIVIL TERM CIVIL ACTION - CUSTODY AFFIDAVIT PURSUANT TO Pa.R.C.P. 240(c) 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. 1 am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and corrects:: (a) Name: k1ei_n Address: Social Security #: L}t'J - qR - t Q jW (b) Employment: If you are presently employed, state: Employer: Lt P? Address: Page 2 - Salary or wages per month: ?S,5C4A 0) -2n PCO -h r , ??? ?4ut?, 1z ZR I6(p Type of work: a Q k If you are presently unemployed, state: Date of last employment: Salary or wages per month: Type of work: (c) Other Income within the past twelve months: Business or profession: $/ Ztr o . Other self-employment: Interest:: Dividends: Pension & Annuities: Social Security benefits: Support Payments: Disability Payments: Unemployment Comp & Supplemental Benefits: Workers' Compensation: Public Assistance: Other: (d) Other contributions to household support: Page 3 1i (Wife)(Husband) Name: If spouse is employed, state: Employer: Salary or wages per month: Type of work: Contributions from children: Contributions from parents: Other contributions: (e) Property owned: Cash: !$ 6, b b Checking Account: - ? • or) Savings Account: '$ 0, C-o Certificates of Deposit: Real Estate (including home): Motor Vehicle: Make: L? (1.2 C-VA, Year: ? 221-1 ?c Cost: Amount Owed: Stocks & Bonds: Other: (f) Debts and Obligations: Page 4 Mortgage: Rent: Loans: Other: 0161 itiv S ? 0 U?o (g) Persons dependent upon you for support: (Wife)(Husband) Name: Children, if any: Name: Age Name: Age Other persons: Name: Relationship: 4. 1 understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. The verification for this Praecipe is attached. Page 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTOPHER KLEIN, Plaintiff 2006- CIVIL TERM V. CIVIL ACTION - LAW CARRIE ANN BRODBECK, CUSTODY Defendant VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements 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.A. §4904 relating to unsworn falsification to authorities. Date: C 2?t 2/???l Kristopher Klein l ` T7 ? a 4 p 1 { c: rQ KRISTOPHER KLEIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CARRIE ANN BRODBECK DEFENDANT 06-7085 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, December 18, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 18, 2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. I W-1 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 1 0 :P, " '1 O*A 900Z w FEB 0 b 2001el KRISTOPHER KLEIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CARRIE ANN BRODBECK, : NO. 06-7085 Defendant : IN CUSTODY COURT ORDER AND NOW, this ?, (t day of February, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Kristopher Klein, and the mother, Carrie Ann Brodbeck, shall enjoy shared legal custody of Kordell A. Klein, born Febraury 5, 2005, and Kalee A. Klein, born March 29, 2006. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: a. On alternating weekends from Friday evening at 5:00 p.m. until Sunday evening at 7:30 p.m. commencing February 9, 2007. Exchange of custody shall be at the McDonald's at Cross Keys. b. Every Wednesday evening from 5:00 p.m. Until 9:00 p.m. Mother shall deliver the children to father on Wednesday at the start of the visitation and father shall deliver the children to mother at the end of the visitation. C. At such other times as agreed upon by the parties. ,>-.• ?. ?_ t ? ? t. ?'^? ..k-i ,{ Cr1 -_S ,.., ? `??.S '? i t.... ?.:? _,? ?_!T ?? ..? CO: :.r Y 4. The parties and their attorneys shall meet again with the Custody Conciliator for a Conference on April 12, 2007 at 8:30 a.m. cc: Susan Spencer Abel, Esquire Nicole Werner, Esquire F:\FI .PS\DATAFILE\GeneraNC=ent\12321\Klein v Brodbeck report and Order BY THE COURT, y KRISTOPHER KLEIN, Plaintiff v CARRIE ANN BRODBECK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06-7085 : 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: Kordel A. Klein, born February 5, 2005, and Kalee A. Klein, born March 29, 2006. 2. A Conciliation Conference was held on February 2, 2007, with the following individuals in attendance: The father, Kristopher Klein, with his counsel, Susan Spencer Abel, Esquire and the mother, Carrie Ann Brodbeck, II, with her counsel, Nicole Werner, Esquire. 3. The parties agree to the entry of an Order in the form as attached. DATE: February 5, 2007 Hu . Gilroy, Esquire Custody Conciliator JUN SO 2007aV y I KRISTOPHER KLEIN, Plaintiff v CARRIE ANN BRODBECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-7085 IN CUSTODY COURT ORDER AND NOW, this day of June, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this Court's prior Order of February 8, 2007 is vacated and replaced with the following Order: 1. The father, Kristopher Klein, and the mother, Carrie Ann Brodbeck, shall enjoy shared legal custody of Kordell A. Klein, born Febraury 5, 2005, Kalee A. Klein, born March 29, 2006 and Abigail K. Brodbeck, born April 14, 2007. 2. Physical custody shall be handled as follows: A. The mother shall have physical custody of the minor children from every Tuesday afternoon through Saturday morning. B. The father shall have physical custody of the minor children from Saturday morning through Tuesday afternoon. 3. The mother shall always have custody of the minor children on Mother's Day and the father shall always have custody of the minor children on Father's Day. 4. For major holidays, the parties shall share the holidays with the children. Absent an agreement between the parties, the time frame shall be from 9:00 a.m. until 3:00 p.m. and from 3:00 p.m. until 9:00 p.m. with the parties alternating that schedule on each holiday. Log y _ f Q? ?f13- ? t?3 t ? r 5. The parties may by agreement modify the above schedule and alter the above schedule as they agree. Absent an agreement, the above schedule shall control. In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, cc7a,Me an Spencer Abel, Esquire Ann Brodbeck A F:\FU-ES\General\Cu ent\12321\Kkin v Brodbeck report and Order 6.15 07 KRISTOPHER KLEIN, Plaintiff v CARRIE ANN BRODBECK, Defendant Prior Judge: J. Wesley Oler 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: Kordel A. Klein, born February 5, 2005, Kalee A. Klein, born March 29, 2006 and Abigail K. Brodbeck, born April 14, 2007. 2. A Conciliation Conference was held on June 14, 2007, with the following individuals in attendance: The mother, Carrie Ann Brodbeck, who appeared without counsel, and the father, Kristopher Klein, who appeared with his counsel, Susan Spencer Abel. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-7085 IN CUSTODY 3. The parties agree to the entry of an Order in the form as attached. DATE: June 15, 2007 ox Hubert X. Custody ,gilroy, Esquire onciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTOPHER KLEIN, Petitioner 2006 - 7085 CIVIL TERM V. CIVIL ACTION - LAW CARRIE ANN BRODBECK, CUSTODY Respondent PETITION FOR MODIFICATION OF CUSTODY AND NOW, this day of March, 2008, comes Petitioner, Kristopher Klein, by and through his attorney, Suzanne Spencer Abel, Esq. of Spencer Abel Law Office, and who avers as follows: 1. The petition of Kristopher Klein respectfully represents that on June 21, 2007, an Order of Court was entered providing for shared legal and physical custody of the parties' three young children, a true and correct copy of which are attached. 2. The subject minor children include Kordell Klein (DOB 2/5/05); Kalee Klein (DOB 3/29/06); and Abigail Brodbeck (DOB 4/15/07). 3. Since the filing of the Complaint for Custody, Mr. Klein has resided as follows: a. From November 2006 through February 2007, at 826 Tonway Road, Gardners, PA, with the subject children. b. From February 2007 through September 2007, at 67 Knoxland Road, Gettysburg, PA, with the subject children, his grandmother, Louise Crouse, and his step- grandfather, Ted Crouse. C. From September 2007 through the present, at 2215 Biglerville Road, #54, Gettysburg, PA, with the subject children, and his girlfriend, Errin Gray. This is a 3 bedroom mobile home, with one bedroom for the two girls and a separate bedroom for the one boy. 4. Since the filing of the Complaint for Custody, Ms. Brodbeck has resided at the following places: a. From November 2006 through March 2007, at 307 East Queensdale Drive, York, PA, with the subject children, and her boyfriend, Nate Mansberger. b. From March 2007 through May 2007, in Dover, PA, with the subject children, her boyfriend, Nate Mansberger, her friend Christina, and Christina's mother. C. From May 2007 through June 2007, in Seven Valleys, PA, with the subject children, her mother, Jeanette, her step-father, and her step-brother. d. In June 2007, at the Market Street Women's Shelter, York PA, with the subject children. e. From June 2007 through July 2007, at the Gettysburg Hotel, Gettysburg, PA, with the subject children. f. In July 2007, homeless with the subject children. g. In July 2007, at the Market Street Women's Shelter, York PA, with the subject children. h. In July 2007, in York, PA, with the subject children and her friend, Jeremy. i. From July 2007 through August 2007, at the Market Street Women's Shelter, York PA, with the subject children. j. From August 2007 through November 2007, at 166 East Main Street, Apt #2, Windsor, PA, with the subject minor children, and her friend, Jeremy. k. From November 2007 through the present, at 166 East Main Street, Apt. #2, Windsor, PA, with the subject minor children, her boyfriend, Nate Mansberger, Page 2 and her friend, Jeremy. This is a 2 bedroom apartment with one bedroom for Jeremy, and the other bedroom for Ms. Brodbeck, Mr. Mansberger, and the three children to share. 5. This Order should be modified because: a. The oldest child, now 3 years old, exhibits behaviors inappropriate for his age, to wit, he consistently remains in his bedroom unless and until he is coaxed to come out each morning and after naps; he consistently performs caregiver duties for both his younger sisters including feeding, clothing, and diaper changing, even when responsible adults assure him they are taking care of the babies; he is consistently unable and/or unwilling to engage in age-appropriate play both independently and with his siblings. b. The youngest child, now 9 months old, has repeatedly presented with untreated rashes where spit-up and eliminations occur. C. Respondent refuses to cooperate in good faith with Petitioner's ongoing requests to be provided with the children's medical assistance cards, thus preventing Petitioner from providing continuity of medical care for them. d. Petitioner believes, based upon conversations initiated by Respondent's 2007 roommates, that Respondent is unable and/or unwilling to care for the children's basic needs including feeding, bathing, clothing, and attention. e. Petitioner believes, based upon his observations and information Respondent published on her MySpace web page, that Respondent has been diagnosed with bi-polar disorder, a condition for which she has declined to treat. Page 3 WHEREFORE, Petitioner, Kristopher Klein, respectfully requests this Honorable Court to enter an Order granting him primary physical custody of the children, with supervised visitation with Respondent. Date: ' Lkr Respectfully Submitted, Spencer Abel Law Office All it M 19 ?9&pldw Suz a Spenc r Abel, Esq. Atto y No: 202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 Home Office (717) 323-0345 Fax Spencer_Abel_Esq@f astmail.f m Page 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTOPHER KLEIN, V. CARRIE ANN BRODBECK, Petitioner Respondent : 2006 -7085 CIVIL TERM CIVIL ACTION - LAW CUSTODY VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements 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.A. §4904 relating to unworn falsification to authorities. Date: l o Kristopher Klein IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTOPHER KLEIN, : 2006 - 7085 CIVIL TERM V. CARRIE ANN BRODBECK, Petitioner Respondent CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I certify that, concurrent with filing the foregoing Petition for Modification of a Custody Order, I am this day serving a copy of same by Certified First Class Mail, return receipt requested, to the following: Carrie Ann Brodbeck 166 East Main Street, Apt. #2 Windsor, PA 17366 Date: , L6 ?/ Suz Spence Abel, Esq. Atto ey No: 202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 Home Office (717) 323-0345 Fax Spencer Abel Esq@fastmail.fm a --° C'.a V p KRISTOPHER KLEIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-7085 CIVIL ACTION LAW CARRIE ANN BRODBECK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, March 17, 2008 _,upon consideration of the atta hed Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, E q. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 10, 2008 T 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 e ter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or perm nent order. The court hereby directs the parties to furnish any and all existing Protection from buse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled he ring. FOR THE COURT, By: /s/ Hubert X. Gilroy: Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to compl with the Americans with Disabiiites Act of 1990. For information about accessible facilities and reasonable ac ommodations 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 mus 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 FFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r-ta" (3 Y OY t3? U U :? ?? L 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTOPHER KLEIN, Petitioner 2006 - 7085 CIVIL TERM V. CARRIE ANN BRODBECK, Respondent CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I certify that, subsequent to the filing of the foregoing Petition for Modification of a Custody Order, I am this day serving a copy of same by USPS First Class Mail to the following: Carrie Ann Brodbeck 147 Main Street, Apt. #2 Windsor, PA 17366 Date: i L L 'zoL id SuzaOr Spencer Abel, Esq. ` Attorne No: 202443 22 East Street, #6 Mt Holly Springs, PA 17065 (717) 323-0046 Home Office (717) 323-0345 Fax Spencer_Abel_Esq@fastmail.fm f - 7 C? c- t . APR 0 8 2008 dY KRISTOPHER KLEIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CARRIE ANN BRODBECK, NO. 06-7085 Defendant IN CUSTODY COURT ORDER AND NOW this 6 ?daY of April, 2008, upon consideration of the attached Custody Conciliation _L report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the day of 2008 at /,' 3.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have counsel, shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues 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 filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of June 21, 2007 shall remain in place. 3. In the event mother retains legal counsel and mother's attorney feels another custody conciliation conference may be beneficial in this case prior to a hearing, mother's attorney may contact opposing counsel and the conciliator to try to arrange another custody conciliation conference. c& Susan Spencer Abel, Esquire arrie Ann Brodbeck 11 iEs mac&L T 11t t/60 BY THE COURT, KRISTOPHER KLEIN, Plaintiff v CARRIE ANN BRODBECK, Defendant Prior Judge: J. Wesley Oler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 06-7085 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: Kordell A. Klein, born February 5, 2005, Kalee A. Klein, born March 29, 2006, and Abigail Brodbeck, born April 15, 2007. 2. A Conciliation Conference was held on April 7, 2008, with the following individuals in attendance: The father, Kristopher Klein, with his counsel, Susan Spencer Abel, Esquire and the mother, Carrie Ann Brodbeck, II, who appeared without counsel. 3. The parties have been working under an Order from June 2006 which, generally, has a shared physical custody arrangement. Father is indicating that he has a number of concerns with respect to how mother is caring for the children. Father is seeking primary physical custody of the children at this time. Mother is unwilling to agree and a hearing is required. 4. The Conciliator recommends an Order in the form as attached. DATE: April ?, 2008 61l/`?11 Hubert X. Gilroy, Esqui Custody Conciliator n7 LEI KRISTOPHER KLIEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CARRIE ANN BRODBECK, NO. 2006-7085 CIVIL TERM Respondent IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONTARY: Please enter my appearance on behalf of the Respondent, Carrie Ann Brodbeck, in the above listed docket. Thank you. y submitted, Scott Harper, Esq. PA ID # 200461 1701 W. Market St. YORK, PA 17404 717-718-8672 phone 717-718-1634 fax C _0177 + _ c- - -t r ? 1 ' r? t4, < Jtn tv KRISTOPHER KLEIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CARRIE ANN BRODBECK, Defendant 2006-7085 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of June, 2008, upon consideration of Plaintiff's Petition for Modification of Custody with respect to the parties' children Kordell Klein (date of birth February 5, 2005), Kalee Klein (date of birth March 29, 2006), and Abigail K. Brodbeck (date of birth April 15, 2007) and following a hearing, the record is declared closed and the matter is taken under advisement. By the Court, /zanne Spencer Abel, Esquire 22 East Street, #6 Mt. Holl Springs, PA 17065 For the Plaintiff Xcott Harper, Esquire 1701 West Market Street .? York, PA 17404 For the Defendant pcb 90 :6 WV 61 Nnr 800Z Rid! 1 ?H.1 j0 KRISTOPHER KLEIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW CARRIE ANN BRODBECK, Defendant : No. 06-7085 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR MODIFICATION OF CUSTODY BEFORE OLER, J. ORDER OF COURT AND NOW, this 19'' day of June, 2008, upon consideration of Plaintiff's Petition for Modification of Custody with respect to the parties' children, Kordell Klein (d.o.b. February 5, 2005), Kalee Klein (d.o.b. March 29, 2006), and Abigail Brodbeck (d.o.b. April 15, 2007), and following a hearing held on June 16, 2008, it is ordered and directed as follows: 1. With respect to legal custody, a. Legal custody of the children shall be shared by the parties; provided, that in the event of a dispute between the parties as to the most appropriate health care or the most appropriate preschool program for a given child, the father's decision shall prevail; b. Each party shall have full access to medical and educational records of the children, and each shall take such steps as are necessary or helpful to facilitate the other's right in this regard; c. Each party shall keep the other fully and promptly apprised as to any changes in the JJ? S0 'Z 148 61 m r 8001 3 0 -,'4 -f '.-P H children's medical conditions and as to any medical care received or required; 2. With respect to physical custody, a. During the summer, the parties shall have custody of the children on an alternating weekly basis, from Saturday morning until Saturday morning; b. During the balance of the year, the mother shall have physical custody of the children from every Tuesday afternoon through Saturday morning, and the father shall have physical custody of the children from Saturday morning through Tuesday afternoon. c. For major holidays, the parties shall share the holidays with the children. Absent an agreement between the parties, the time frame shall be from 9:00 a.m. until 3:00 p.m. and from 3:00 p.m. until 9:00 p.m., with the parties alternating that schedule on each holiday. d. Responsibility for transportation for exchanges of custody shall be that of the father. 3. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. BY THE COURT, a J. esley Ole r., J. !. , 1 1 `Suzanne Spencer Abel, Esq. 22 East Street, #6 Mount Holly Springs, PA 17065 Attorney for Plaintiff ?Scott Harper, Esq. 1701 W. Market Street York, PA 17404 Attorney for Defendant i KRISTOPHER KLEIN, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. Respondent CIVIL ACTION - LAW CARRIE ANN BRODBECK, 2006 - 7085 CIVIL TERM EMERGENCY PETITION FOR SPECIAL RELIEF PURUSANT TO Pa.R.C.P.1915.13 AND NOW, this day of January 2009, comes Petitioner, Kristopher Klein, by and through his attorney, Suzanne Spencer Abel, Esc{., who avers as follows: 1. Petitioner is Kristopher Klein, Petitioner in the above captioned matter. He is represented by legal counsel, Suzanne Spencer Abel, Esq. 2. Respondent is Carrie Ann Brodbeck, Respondent in the above captioned matter. She is represented by legal counsel, Scott Harper, Esq. 3. The instant parties are the natural parents of three minor children: Kordell Klein, (d.o.b. February 5, 2005), Kalee Klein, (d.o.b. March 29, 2006), and Abigail Brodbeck, (d.o.b. April 14, 2007). 4. By Order dated June 19, 2008, following a hearing before the Honorable J. Wesley Oler, Jr., the parties share legal custody of the children, "provided, that in the event of a dispute between the parties as to the most appropriate health care or the most appropriate preschool program for a given child, the father's decision shall prevail." A true and correct copy of the Order is attached as Exhibit A. 5. The Order further provided that the parties share physical custody, with Mother having custody from Tuesday afternoon through Saturday morning, and Father having custody Page 1 the balance of the week, and with Father to provide all transportation. At the hearing, Mother asserted that she did not have a vehicle to share transportation responsibilities. 6. The parties and the children's pediatrician observed that the oldest child, Kordell, experienced difficulty with his language development. A referral was made to the Adams County Head Start Program, which conducted an evaluation of Kordell. 7. Pursuant to that evaluation, Kordell was accepted into the Head Start Program by letter dated January 23, 2009, with services to be provided at the program's facility five days a week from 8:00 AM to 2:30 PM, with a start date of January 28, 2009. By the terms of the program, any child not regularly attending the program is permanently dismissed. A true and correct copy of the Head Start acceptance letter is attached as Exhibit B. 8. On January 24, 2009, upon picking up the children from Mother, Father provided Mother with a copy of the Head Start letter. Mother's boyfriend thereupon confronted Father and informed Father that Mother would not permit Kordell to attend the Head Start Program when she has custody. When Father observed that, pursuant to the Order of June 19, 2008, his decision about the appropriate preschool program prevails, the boyfriend called police, who advised the parties to resolve the matter through the civil court system. 9. On January 27, 2009, when Father delivered the two younger children to Mother's custody, but retained custody of Kordel to attend the Head Start Program beginning the next day. The boyfriend again called police and demanded Father be charged with kidnapping Kordell. The parties were again advised to resolve the matter through the civil court system. The boyfriend then advised Father that Mother and the boyfriend Page 2 intend to physically remove Kordell from the Head Start Program location to enforce her custodial rights. 10. Petitioner believes the best interests of Kordell Klein will be served by his regular attendance at Head Start, as recommended, and that Mother's insistence on enforcing her custodial periods notwithstanding Head Start's recommendation and the Order granting Father final decision authority about the most appropriate preschool program for Kordell necessitate an emergency modification of the custody Order. 11. Petitioner believes that the best interests of Kordell will be served by his immediate and regular attendance at the Head Start program which, given Mother's obstruction, can only be accomplished by an emergency modification of the custody Order providing that Father exercise custody from Sunday evenings from through Friday nights. 12. Since entry of the June 19, 2008, Order Mother has moved, and is now living in Stewartstown, York County, more than 50 minutes, one way, from Father's residence. Mother has now obtained a reliable vehicle and is now capable of sharing transportation responsibilities and the custody order should be so modified. 13. Petitioner further believes the best interests of Kalee Klein and Abigail Brodbeck will be served by modifying the custody Order to allow the parties to exercise concurrent custody of all the children so that all three children can remain together throughout the week, providing continuity and stability in their daily lives. 14. All three of the parties' children are presently in day care together while in Father's custody, where they have all thrived. The two younger children, Kalee Klein and Abigail Brodbeck, will remain in day care together while in Father's custody. Page 3 WHEREFORE, Petitioner respectfully requests this Honorable Court to order an emergency custody conciliation conference, and to grant primary physical custody of the minor children to Petitioner, with weekend physical custody to Respondent. Respectfully submitted, Spencer Abel Law Office % it IJOCXOAJAAA4,13?0 ? ALUM / IM, S A Spencer Abel, Esq. Atto e ID #202443 P.O. Box 1161 Carlisle, PA 17013 (717) 829-3206 spencer_abel_esq@fastmail.fm Page 4 KRISTOPHER KLEIN, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. Respondent CIVIL ACTION - LAW CARRIE ANN BRODBECK, 2006 - 7085 CIVIL TERM VERIFICATION I VERIFY that I have personal knowledge of all facts not of record set forth in the foregoing pleading, and that such statements 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.A. §4904 relating to unsworn falsification to authorities. Date: 112 t[09- Kristopher Klein KRISTOPHER KLEIN, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA v. CARRIE ANN BRODBECK, Respondent CIVIL ACTION - LAW 2006 - 7085 CIVIL TERM CERTIFICATE OF SERVICE I certify that, subsequent to the filing of the foregoing Emergency Petition for Special Relief, I am this day serving a copy of same by USPS First Class Mail to the following counsel of record for Respondent: Scott Harper, Esq. 1701 W. Market Street York, PA 17404 Date: ?t4 Q uza a Spen Abel, Esq. Atto ay ID #202443 P.O. Box 1161 Carlisle, PA 17013 (717) 829-3206 spencer_abel_esq@fastmail.fm KRISTOPHER KLEIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW CARRIE ANN BRODBECK, Defendant : No. 06-7085 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR MODIFICATION OF CUSTODY BEFORE OLER, J. ORDER OF COURT AND NOW, this 19t' day of June, 2008, upon consideration of Plaintiff's Petition for Modification of Custody with respect to the parties' children, Kordell Klein (d.o.b. February 5, 2005), Kalee Klein (d.o.b. March 29, 2006), and Abigail Brodbeck (d.o.b. April 15, 2007), and following a hearing held on June 16, 2008, it is ordered and directed as follows: 1. With respect to legal custody, a. Legal custody of the children shall be shared by the parties; provided, that in the event of a dispute between the parties as to the most appropriate health care or the most appropriate preschool program for a given child, the father's decision shall prevail; b. Each party shall have full access to medical and educational records of the children, and each shall take such steps as are necessary or helpful to facilitate the other's right in this regard; c. Each party shall keep the other fully and promptly apprised as to any changes in the children's medical conditions and as to any medical care received or required; 2. With respect to physical custody, a. During the summer, the parties shall have custody of the children on an alternating weekly basis, from Saturday morning until Saturday morning; b. During the balance of the year, the mother shall have physical custody of the children from every Tuesday afternoon through Saturday morning, and the father shall have physical custody of the children from Saturday morning through Tuesday afternoon. c. For major holidays, the parties shall share the holidays with the children. Absent an agreement between the parties, the time frame shall be from 9:00 a.m. until 3:00 p.m. and from 3:00 p.m. until 9:00 p.m., with the parties alternating that schedule on each holiday. d. Responsibility for transportation for exchanges of custody shall be that of the father. 3. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. BY THE COURT, 11 - I ?Z, ; 4 J. esley Ole r., J. 00- and I C?ttil. ?bWd Suza e Spencer Abel, Esq. ast Street, 46 Mount Holly Springs, PA 17065 Attorney for Plaintiff Scott Harper, Esq. 1701 W. Market Street York, PA 17404 Attorney for Defendant 705 OLD HARRISBURG ROAD • SUITE 5-A R.O. BOX 3757 • GETTYSBURG, RA 17325 accessadams@onemain. com Head PHONE 717.337.1337 A.C.C¦E.s.S, INC. Start FAX 7179337.1741 January 23, 2009 Kristopher Klein 2215 Biglerville Road Lot #54 Gettysburg, PA 17325 Mr. Kristopher Klein, I would like to Welcome Kordell and yourself to our Head Start program. I just want to give you a little refresher since enrollment was a few weeks ago. Kordell will start at the Gettysburg 5 classroom on Wednesday, January 28th. If you are looking at our building from the parking lot, the classroom is the 2nd room from the right. The class runs from 8:00 a.m. till 2:30 p.m. The head teacher is Freda Boring, and the Assistant is Kathy Naylor. In the event that it snows, please tune to Channel 8 News and look for Adams County Head Start. We do NOT run with any other school district. If we were to have a delay, all classes will begin at 9:00 a.m. Please do not forget to send Kordell to school with a backpack and a change of clothes. Keep in mind that the children do go outside everyday unless it is 25 degrees and lower. Make sure Kordell has a coat, hat, gloves, and wears sneakers to school. Lastly, the teachers and I will be conducting home visits throughout the year. The teachers will meet with you frequently for parent/teacher conferences, and I will meet with you in your home one time to come up with a family goal. I will be in contact with you after 1 month of Kordell's start date to schedule the home visit. IF you have any questions or concerns please feel free to contact me at 337-1337 ext. 247. I am in the office from 8:30-4:00, Monday through Friday. Sincerely, Brooke Stevens Family Service Worker ?K?ra, f ,,b O ? h ?Y ?Q V `?, ,"`.' ? ? ? l .Y f - ?? ?.? .. rL' i'.? l Si/ ?-r ...?..? °": ' ? ?? '? ? '? ? Y?". A KRISTOPHER KLEIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CARRIE ANN BRODBECK 06-7085 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of February, 2009, upon consideration of Plaintiffs Emergency Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13, this matter is referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral for an expedited conciliation conference. Suzanne Spencer Abel, Esq. P.O. Box 1161 Carlisle, PA 17013 Attorney for Plaintiff ZScott Harper, Esq. 1701 W. Market Street York, PA 17404 Attorney for Defendant BY THE COURT, J. Wesley Ol 4), J. ?' Court Administrator a a-o9? :rc 12?ieS rnailfc? alp./oF tz-yz r`c z.''? ? ; ?' ?'P n. ,Y IN THE COURT OF COMMON PLEAS OF KRISTOPHER KLEIN PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-7085 CIVIL ACTION LAW CARRIE ANN BRODBECK . IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February 05, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 20, 2009 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/ Hubert X. Grlro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 n 61 :11 - 83j 6W Aim . fq -AO ?ot?s FEB ? 5 ZN? KRISTOPHER KLEIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CARRIE ANN BRODBECK, NO. 06-7085 Defendant IN CUSTODY COURT ORDER AND NOW, this day of February, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of June 19, 2008, is modified and the following TEMPORARY Custody Order is issued: 1. 2. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the 30 day of April, 2009 at 2:30 p.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have counsel, shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues 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 filed at least five days prior to the mentioned hearing date. Pending further Order of this Court, this Court's prior Order of June 19, 2008 shall remain in effect in all respects a cept physical custody shall be handled as follows: A. Mother shall ave physical custody of all three minor children every weekend from Friday at 4:00 p.m. until Sunday at 6:00 p.m. B. Father shall have physical custody of all three minor children from Sunday at 6:00 p.m. until Friday at 4:00 p.m. 't C C. For exchange of custody, mother shall pick the children up at father's home every Friday at 4:00 p.m. and father shall pick the children up at mother's home every Sunday at 6:00 p.m.. BY THE COURT, Scc: Susan Spencer Abel, Esquire w1 arrie Ann Brodbeck 'Of DES rndcLCC(,- 3 ?3?of KRISTOPHER KLEIN, Plaintiff v CARRIE ANN BRODBECK, Defendant Prior Judge: J. Wesley Oler : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-7085 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: Kordell A. Klein, born February 5, 2005, Kalee A. Klein, born March 29, 2006, and Abigail Brodbeck, born April 15, 2007. 2. A Conciliation Conference was held on February 19, 2009, with the following individuals in attendance: The father, Kristopher Klein, with his counsel, Susan Spencer Abel, Esquire and the mother, Carrie Ann Brodbeck, who appeared without counsel. 3. The history of this case is that there was a hearing in June of last year and Judge Oler issued an Order after the hearing. The Order provided a shared physical custody arrangement during the school year with mother having the children from every Tuesday afternoon through Saturday morning and the father having the children from Saturday morning through Tuesday afternoon. Since that time, Kordell has been enrolled in Head Start in Gettysburg. Mother is living in Stewartstown which is approximately one hour and fifteen minutes from Gettysburg. Mother is pregnant and expecting to deliver within the next ten days. There have been major disagreements between the parties with respect to the registration of the child in Head Start and with respect to exchange of custody over the past two months. 4. Because of the distance between the parties, it appears unworkable to continue with the existing Custody Order. The Conciliator has made arrangements to get as quick a hearing as possible in this case and that hearing is scheduled in April as set forth in the attached Order. However, a modification of the existing Order is required in light of the circumstances set forth above. The Conciliator's recommendation on this modification should not be seen as any determination by the Conciliator and is made merely to have a temporary resolution pending the Court having the opportunity to take testimony and issue a decision in this case. 5. The Conciliator recommends an Order in the form as attached. DATE: Februaryo JS, 2009 a, 6,?z ert X. Gilroy, Esquire Custody Conciliator 0 KRISTOPHER KLEIN Plaintiff vs. CARRIE ANN BRODBECK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7085 : CIVIL ACTION- CHILD CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To: Prothonotary Date: April 14, 2009 Please enter my appearance on behalf of the Defendant, Carrie Ann Brodbeck, in the above captioned matter. Date: w - 19 -01 colt A. Harper, Esq PA Supreme Ct. ID No. 200461 1701 W. Market St. York, PA 17404 717-718-8672 phone 717-718-1634 fax OF TH^;'?{_rr,.+ ;aY 7009 APR Za P141 c: 01 y'' IT P KRISTOPHER KLEIN, V. CARRIE ANN BRODBECK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2006 - 7085 CIVIL TERM IN RE: PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF OF CUSTODY PURSUANT TO PA.R.C.P.1915.13 BEFORE OLER, J. ORDER OF COURT AND NOW, this day of 2009, upon consideration of Plaintiff's Emergency Petition for Special Relief in Custody Pursuant to Pa.R.C.P. 1915.13, with respect to the parties' children, Kordell Klein (d.o.b. 2/5/05), Kalee Klein (d.o.b. 3/29/06), and Abigail Brodbeck (d.o.b. 4/15/07), and following a hearin held on April 30, 2009, it i ordered Ls -, c c cc, and directed as follows: a P s v 3,4't T . L e c`ch ?r?-., l,?vzZrtnG (O.- mL ztt?c4Z Gd 1. With respect to legal custody, s ?pc?c.c) plot ?, a. Legal custody of the children shall be shared by the parties; provided, that in the event of a dispute between the parties as to the most appropriate health care or the most appropriate preschool program for a given child, the father's decision shall prevail; b. Each party shall have full access to medical and educational records of the children, and each shall take such steps as are necessary or helpful to facilitate the other's right in this regard; c. Each party shall keep the other fully and promptly apprised as to any changes in the children's medical insurance and conditions, and as to any medical care received or rtquired. 2. With respect to physical custody, a. During the summer school recess months when school (including pre-school, head start, and private or public school K-12 programs) is not in session, the parties shall have custody of the children on an alternating weekly basis, from Sunday at 5:00 p.m. until Sunday at 5:00 p.m.. b. During the balance of the year, the parties shall have custody as follows: 1) For three successive calendar weeks, Father shall have custody of the children from 6:45 a.m. Tuesday mornings through Friday at the end of school, or 5:00 p.m. when school is not in session. Mother shall have custody from Friday at the end of school, or 5:00 p.m. when school is not in session through 6:45 a.m. Tuesday mornings. Week one of this schedule shall be the week of April 28, 2009 through May 4, 2009. 2) For the fourth calendar week, Father shall have custody of the children from 6:45 a.m. Tuesday mornings through 5:00 p.m. Sunday. a.) All school-attending children shall remain in Father's custody through the start of school the following Monday morning. Mother shall have custody of non-school-attending children from 5:00 p.m. Sunday evening to 6:45 a.m. Tuesday morning; Mother shall have custody of school-attending children from after school Monday through 6:45 a.m. Tuesday morning. b.) Should Father's custodial weekend fall on a Monday when school is not in session, Father's custodial weekend shall be moved to the following weekend without otherwise altering the underlying 3/1 week custodial schedule. c. The party receiving custody at 5:00 p.m. shall be responsible for that day's dinner for the children. d. For major holidays (Easter, Thanksgiving and Christmas), the parties shall share the holidays with the children. Absent an agreement between the parties, the time frame shall be from 9:00 a.m. until 3:00 pm, and from 3:00 p.m. until 9:00 p.m., with the parties alternating that schedule each holiday. 1) Mother shall have custody on Mother's Day; Father shall have custody on Father's Day. The time frame shall be from 9:00 a.m. until 5:00 p.m.. e. Transportation shall be provided as follows: 1) As to custodial exchanges, the parent receiving custody shall provide transportation. 2) As to transportation to and from school, Father shall provide transportation to school when the children are in Mother's custody. Mother shall provide transportation from school when the children are in her custody. Once free school transportation is available for the children, the custodial parent shall provide transportation to and from school. 3. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. Distribution: ."/Suzanne Spencer Abel, Esq. P.O. Box 1161 Carlisle, PA 17013 Counsel for Plaintiff ? Scott Harper, Esq. 1701 W. Market Street York, PA 17404 Counsel for Defendant c?„es ILL 5?l4/d( BY THE COURT, 6C, .Z 114x# 6 1 ? 60OZ n3 , -„