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HomeMy WebLinkAbout02-3126BETH A. PAUL, Plaintiff V. KIRBY R. PAUL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ba - 3/a(. IN DIVORCE/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 prompt action. You are warned that if you fail to do so, the cas e may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 BETH A. PAUL, Plaintiff V. KIRBY R. PAUL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW No. O2 - 3/x h IN DIVORCE/CUSTODY COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Beth A. Paul, who currently resides at 48 Meadowbrook Court, Mechanicsburg, Cumberland County, Pennsylvania, since August of 1993. 2. Defendant is Kirby R. Paul, who currently resides at 922 Enders Road, Halifax, Dauphin County, Pennsylvania, since June of 2002. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on May 6, 1994, in Camp Hill, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. COUNT II. CUSTODY 9. Previous paragraphs are incorporated by reference. 10. Plaintiff seeks custody of the following children: Name Present Residence Alexandria W. Paul DOB Age 922 Enders Road, Halifax, PA 5/27/95 7 years Sydney M. Paul 922 Enders Road Halifax, PA 3/17/97 5 years Jakob M. Paul 922 Enders Road Halifax, PA 11/25/98 3 years The children were not born out of wedlock The children are presently in the custody of Kirby R. Paul, who resides at 922 Enders Road, Halifax, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons Kirby and Beth Paul List All Addresses 48 Meadowbrook Court New Cumberland, PA Dates 8/93 to May, 2002 Kirby Paul 922 Enders Road Halifax, PA June 2002 - Present The mother of the children is Beth A. Paul, currently residing at 48 Meadowbrook Court, Mechanicsburg, PA. She is married. PA. The father of the children is Kirby R. Paul, currently residing at 922 Enders Road, Halifax, He is married. H. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons. Name Sean Boyle Relationship Boyfriend 12. The relationship of defendant to the children is that of father. The defendant currently resides with the following persons. Name Alexandria W. Paul Sydney M. Paul Jakob M. Paul Kendra Lebo Ken Lebo Relationship Daughter Son Son Sister Brother-in-law 13. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children . Plaintiff is best able to provide the care and nurture which the children need for healthy development. The children's school district is at Plaintiff's residence. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim None WHEREFORE, Plaintiff requests this Court grant plaintiff primary physical custody in the mother with visitation in the father Respectfully submitted, Date: July 1, 2002 r Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff 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. § 4904, relating to unsworn falsification to authorities. Date: ?/ c "N a? ? r N TJ Cn C m rr. r- r •J c-a f si r BETH A. PAUL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 02-3126 CIVIL ACTION LAW KIRBY A PAUL DEFENDANT IN CUSTODY AND NOW, Wednesday, July 03, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, August 06, 2002 at 12:30 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 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/ Melissa P. Greevv, Esp. I(V 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 y i VIC Jill (k) Theresa Barrett Male, Esquire Supreme Court k 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel For Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH A. PAUL Plaintiff V. KIRBY R. PAUL Defendant NO. 02-3126 Civil CIVIL ACTION - DIVORCE/CUSTODY DEFENDANT'S COUNTERCLAIM FOR CUSTODY 1. The defendant/counterclaim plaintiff is Kirby R. Paul ("Faher"), residing at 922 Enders Road, Halifax, Dauphin County, Pennsylvania 17032. 2. The plaintiff/counterclaim defendant is Beth A. Paul ("Mother"), residing at 48 Meadowbrook Court, New Cumberland, York County, Pennsylvania 17070. 3. Father seeks custody of the following children: Name Present Residence Date of Birth Alexandria Paul 922 Enders Road 05/27/95 Sydney Paul Halifax, PA 03/17/97 Jakob Paul 11/25/98 The children were not born out of wedlock. The children presently are in the custody of Father, who resides at 922 Enders Road, Halifax, Pennsylvania. During the past five (5) years, the children have resided with the following persons at the following addresses: Name Address Dates Kirby R. Paul Kendra Lebo Kenneth Lebo 922 Enders Road Halifax, PA 06/19/02 to present Kirby R. Paul 48 Meadowbrook Court 05/07/02 to 06/19/02 New Cumberland, PA Kirby R. Paul 48 Meadowbrook Court Birth to 05/07/02 Beth A. Paul New Cumberland, PA The mother of the children is Beth A. Paul, currently residing at 48 Meadowbrook Court, New Cumberland, PA. She is married. The father of the children is Kirby R. Paul, currently residing at 922 Enders Road, Halifax, PA. He is married. 4. The relationship of defendant/counterclaim plaintiff to the children is that of father. Father currently resides with the following persons: the children, his sister, Kendra Lebo and his brother-in-law, Kenneth Lebo. 5. The relationship of plaintif/counterclaim defendant to the children is that of mother. Mother currently resides with the following persons: Name Sean Boyle Relationship Paramour 2 6. Father has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or in another court: On July 1, 2002, Father filed a complaint for custody and an application for interim relief in the Dauphin County Court of Common Pleas, docketed to Paul v. Paul, # 2933-CV-2002-CU. By order dated July 5, 2002, the court denied the interim relief application but directed prompt conciliation. Concurrently with the filing of this counterclaim, Father is withdrawing the Dauphin County action. Father has information of a custody proceeding concerning the children pending in a court of this Commonwealth, as set forth above. Father 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 interest and permanent welfare of the children will be served by granting the relief requested because: a. on or about May 5, 2002, Mother told Father that she wanted a divorce. Father moved in with Mother's mother for two days. Mother then called Father, told him that she was moving out, and that he should come home to take care of the children. b. with Mother's consent, Father thereafter moved with the children to Halifax, where his family resides. C. Mother returned to the marital residence with her boy- friend, whom she has known only one month. 3 d. Mother's boyfriend is a bouncer at Nick's in New Cumberland. e. Father believes and therefore avers that Mother's boyfriend has a criminal history. Additionally, Mother recently told Father that her boyfriend had been charged with vehicular homicide. f. Father believes and therefore avers that Mother's boyfriend has at least one child, whose mother prevents him from contact with the child. g. Alexandria, the eldest, does not want to see or talk with Mother. h. all of the children are confused and upset over the parties' separation. i. Mother not only consented to Father's assumption of custody, but in fact requested it. 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. 4 Wherefore, defendant/counterclaim plaintiff requests the court grant him custody of the children. / Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant/Counterclaim Plaintiff Date: July 9, 2002 5 VERIFICATION I, Kirby R. Paul, state upon personal knowledge or information and belief that the averments set forth in the foregoing document are true. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Kirby R. P AI PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Melissa Peel Greevy, Esquire Duffle Johnson Stewart & Weidner 301 Market Street, P.O. Box 109 Lemoyne, PA 17043 Conciliator Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: July 10, 2002 m < <, _ 1 73 f Lr ; r'? ?1 lL V a U ZOOZ `01 AM :W(l lugpuaja(l io; lasunoD OZZ£-££Z (LIL) IOILI giue^iksuuad `$zngstu'Bg laailS puoaaS 'WON £IS 6£t9t # lJnOD aul;)JdnS alinbsg `alew 11aueg majou, 1011 MOD £rOLT dd `auAouzall 601 XOg 'O'd `POAS laIVOW i0£ zaupiaM V 110MOIS uosugor a133n(I annbsg `KnaazO Iaad essTION 33iluield io3 9)Ujolly £iOLT dd `aisiiigD J=JIS zanoueg IROS 991 azinbsg `zaiiuiiuog 'g Ire?I :smollo3 se possazppg Illutu sselo-lszi3 Sg =A-I;)S Orb 'd'o'2I .73c, 3o sluauiannbaj alp saIJsiles aoinzas goigm molag p roipui zauugui ag1 ui Pug suosiod agl uodn luaumoop Su102aio3 all $uinias Cep SIM uie I 1eu1 49J03 ,igajaq I aDIAXaS ao aooild AUG 1 3 2002 BETH A. PAUL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3126 CIVIL TERM V. KIRBY R. PAUL, Defendant CIVIL ACTION - LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this day of August, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Beth A. Paul and Kirby R. Paul, shall have shared legal custody of the minor children, Alexandria W. Paul, born May 27, 1995, Sydney M. Paul, born March 17, 1997, and Jakob M. Paul, born November 25, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of 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. 2. Physical Custody. Father shall have primary physical custody of the children, subject to Mother's rights of partial physical custody which shall be arranged as follows: A. To commence Friday, August 30, 2002, on alternate weekends, from Friday at the time Kindergarten is dismissed until Sunday evening at 8:00 p.m. In the event that Sydney is in morning Kindergarten, Mother may elect to obtain custody of the two younger children at the time Kindergarten is dismissed. If she elects to do so, Father will provide transportation of Alexandria to Mother after work on Fridays of her custodial weekend. Otherwise, Mother shall provide transportation at the beginning of her custodial weekends and Father shall provide transportation at the beginning of his periods of custody. L5 ?01 ?,?tl? ?= I :J'i3? ZG r' NO. 02-3126 CIVIL TERM 3. Ken Paul, Jr. shall not be in the presence of the children unless either Father, Ken Paul, III, or Kendra Paul are present at all times. 4. For a period of twelve hours before and continuing throughout any period of partial custody with the minor children, the parties shall consume no alcoholic beverages nor possess or use controlled substances whatsoever. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 5. Thanksgiving. The parties will share Thanksgiving school break equally. 6. Christmas. Christmas shall be shared on an A/B schedule. For Christmas 2002 and subsequent even numbered years, Father shall have Segment A and Mother shall have Segment B. For Christmas 2003 and subsequent odd numbered years, Mother shall have Segment A and Father shall have Segment B. Segment A shall be from December 24th at noon until December 25th at noon. Segment B shall be from December 25th at noon until December 26th at 8:00 p.m. The remaining days of the Christmas school break shall be shared equally by the parties. 7. A hearing is scJ?eduled in ou roo Number -5- of the Cu berland County Courthouse, on the _ty day of 2002, at mV W o'clock A_.M., at which time testimony will be taken. For the purposes of the hearing, the Mother, Beth A. Paul, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. I Dist: /Karl E. Rominger, Esquire, 155 S. Hanover Street, Carlisle, PA 17013 Theresa Barrett Male, Esquire, 513 N. Second Street, Harrisburg, PA 17101 n dA Y-/S-oa R?s AUG 1 3 2002 BETH A. PAUL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 02-3126 CIVIL TERM V. CIVIL ACTION - LAW KIRBY R. PAUL, IN CUSTODY Defendant : 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 children who are the subject of this litigation is as follows: NA DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Alexandria W. Paul May 27, 1995 Father Sydney M. Paul March 17, 1997 Father Jakob M. Paul November 25, 1998 Father 2. A Custody Conciliation Conference was held on August 6, 2002 pursuant to a count in Mother's Divorce Complaint which was filed on July 2, 2002. Present for the conference were the Mother, Beth A. Paul, and her counsel, Karl E. Rominger, Esquire; the Father, Kirby R. Paul, and his counsel, Theresa Barrett Male, Esquire. 3. The parties did not reach an agreement as to the primary custodial parent. Therefore, the case will be referred to the Court for a hearing which should require one (1) day. It is not anticipated that experts will be used at the hearing. 4. The Conciliator provides an Interim Order of custody so that the children may be enrolled in school and have a custodial plan pending the outcome of the hearing to be scheduled. 5. Mother's position on custody is that she has been the primary caregiver of the children during the marriage and that she should continue in that role while proposing that Father be allowed to have the bulk of the time when school is recessed for summer. Mother presently resides in the marital home and where the children have lived since birth. She also points out that Alex attended school in the West Shore School District last year. However, the family acknowledges that the first grade school experience was less than positive for Alexandria. Mother expressed concerns that the children are residing in NO. 02-3126 CIVIL TERM crowded family conditions with Father, his sister and brother-in-law. She also alleges that other family members occasionally live in this home. Mother is presently employed from 7:00 a.m. to 4:30 p.m. Mondays through Thursdays at Premier Eye Care Group. She states that she has some flexibility in the start time of her work hours. Mother also expressed concerns that Father lives near a family member who has allegedly committed crimes of a sexual nature against his own daughter. These charges were apparently brought several years ago. Both parties acknowledged that they have historically made arrangements that their children not be around this relative without adequate other adult supervision. 6. Father's position on custody is that when the parties last separated in June 2002, that Mother had agreed with him taking the children with him when he left the marital home. The children have experienced a number of disruptions of their living circumstances in recent months. At the Conference, Father expressed concerns that promptly after separation, Mother established a new relationship with a boyfriend whom she had known for a matter of weeks before he moved into their home. This man allegedly has a history of two (2) DUI convictions as well as two (2) convictions for driving while under a license suspension. He also has a drug conviction for possession. Additionally, he was alleged to have been involved as a driver in a motor vehicle accident which resulted in the death of another person. This man is no longer driving according to Mother. He is apparently not abstinent from alcohol and is not known to be participating in 12-Step programs. Father has concerns that the children are having difficulties adjusting to the new man in Mother's life. In fact, Alexandria is presently attending counseling through employee assistance services available as a benefit to Father's employment. Father additionally voices concerns that Mother has had some difficulties over the years with struggles with depression and has at times required anti-depressants. He alleges that she has asked for only one (1) overnight with the children since the parties separated in June. Father presently works daytime hours for the Pennsylvania Department of Transportation. He does not work on weekends. ?rlb ? Date Melissa Peel Greevy, Esquire Custody Conciliator 161513 BETH A. PAUL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO: 02-3126 CIVIL TERM V. KIRBY R. PAUL, Defendant IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes Beth A. Paul, by and through her privately retained counsel, Karl E. Rominger, Esquire and asks that the Court continue the October 14, 2002, custody hearing now scheduled and in support thereof avers as follows: 1. The hearing set for October 14, 2002, was scheduled after conciliation, and an Interim Order of the conciliator is now in place. 2. Petitioner is agreeable to continuing under the Interim Order pending a full hearing. 3. Petitioner is retaining Dr. Stanley Schneider to do a custody evaluation. 4. Theresa Barrett Male, counsel for Respondent has indicated via a September 18, 2002, letter that she would not object to a continuance provided the Interim Order remain in place. 5. Petitioner would like to continue this matter until at least December to give Dr. Schneider time to complete his evaluation. 6. An expert custody evaluation may cause the case to resolve without further Court intervention, or it may be of great benefit to the trial Judge. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant a continuance until December or January so that Dr. Schneider may complete a custody evaluation in this matter. Respectfully submitted, ROMINGER & BAYLEY Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff Date: September 19, 2002 BETH A. PAUL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO: 02-3126 CIVIL TERM v. KIRBY R. PAUL, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Motion for Continuance upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 Karl E. Rominger, Esquire Attorney for Plaintiff Dated: September 19, 2002 n ,-, tr CXo "? BETH A. PAUL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO: 02-3126 CIVIL TERM V. KIRBY R. PAUL, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2002, the Custody Hearing previously scheduled for October 14, 002, at 8:3 a.m. in Courtroom #5 of the Cumberland County Courthouse has been rescQduled to e day of WaamYf, ?00, in Courtroom# , at o'clock A_ m. at the Cumberland County Courthouse in Carlisle, Pennsylvania. 1 Distribution: Karl E. Rominger, Esquire Theresa Barrett Male, Esquire VINVA-USWId AiNna ^fia fl,rGG wilno SS :0114V 9L d3S zO Advt(h j; t iJi G J: 11 ? a..ElT BETH A. PAUL, Plaintiff v. KIRBY R. PAUL, Defendant IN THE COURT OF COMMON PLEAS (WO 3 0 2002 CUMBERLAND COUNTY, PENNSYLVANIA NO: 02-3126 CIVIL TERM IN CUSTODY ORDER OF COURT 'A AND NOW, this 3a day of , 2002, the hearing now scheduled wt?'44 404 °, for 8:30 a.m. on January 3, 2003, in Courtroom # 5 i either J. Distribution: ?Karl E. Rominger, Esquire v/T'eresa Barrett Male, Esquire Rxs is-? I -o a ?' ?; i??, , ,?j?; ? ,7? S N 1 ? ? ? a??l:? r: r ? ?? ???? r ?'•?? ? r}} f M1? 4 ?? r 0 1? &ivy- d? LAW OFFICES law®romingerlaw.com 155 SOUTH HANOVER STREET www.romingerlaw.com CARLISLE, PENNSYLVANIA 17013 KARL E. ROMINGER, EsQ. MARK F. BAYLEY, EsQ. December 30, 2002 The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: PAUL v. PAUL Dear Judge Guido: TEL: 717.241.6070 FAX: 717.241.6878 I have spoken this day with Teresa Barrett Male's office who represents Mr. Paul. Both Counsel and the parties are in agreement to remove the hearing from the scheduled time on Friday. We have been working at settling this matter and we believe that a private stipulation can be reached without hearing before the Court. We would ask that the Court remove this matter from its' calendar, with the understanding that the parties could call it to a hearing if the final stipulation cannot be reached. We had hoped to reach the stipulation prior to the hearing, but Attorney Male has had a death in the family, and we do not anticipate finalizing an agreement during this week. Again, we request that you take this hearing off of the Court list for Friday and postpone it generally. I have taken the liberty of including a proposed order which would do the same. Sincerely, Karl E. Rominger, Esquire KER:Ijj cc. Beth Paul ADVOCACY - ADVICE - ANSWERS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH A. PAUL Plaintiff V. KIRBY R. PAUL Defendant NO. 02-3126 Civil CIVIL ACTION - DIVORCE/CUSTODY ORDER AND NOW, January , 2003, upon agreement of the parties, the Court ORDERS and DECREES as follows: 1. The parties will share legal custody of the minor children Alexandria W. Paul (dob: 05/27/95), Sydney M. Paul (dob: 03/17/97) and Jakob M. Paul (dob: 11/25/98) as defined in 23 Pa. C.S.A. § 5302. All decisions affecting the children's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. 2. As provided in 23 Pa. C.S.A. § 5309 (a), each parent shall have full and complete access to the children's medical, dental, religious and school records. This includes the name, addresses and telephone numbers of all medical and other providers. 3. Father will continue to have primary physical custody of the children. 4. Mother will have partial physical custody as follows: a. alternating weekends from Friday at 5:30 p.m. until Sunday at 8:00 p.m. during the school year. b. alternating weekends from Thursday at 5:30 p.m. until Sunday at 8:00 p.m. during the summer, commencing on Mother's first weekend after school is dismissed, and continuing until mother's last regularly-scheduled weekend before the Labor Day weekend. C. in the weeks preceding Father's weekends, from 5:30 p.m. to 8:00 p.m. one evening on any day except Friday, with 24 hours notice to Father. Mother shall provide the transportation. 5. Mother's Day weekend and Memorial Day weekend are reserved to Mother. Father's Day weekend and Labor Day weekend are reserved to Father. The times are Friday at 5:30 p.m. until Sunday at 8:00 p.m. 6. The parties shall share holidays as follows: Even-Numbered Years Odd-Numbered Years Easter F M July Fourth M F Thanksgiving Schedule A F M Thanksgiving Schedule B M F Christmas Schedule A F M Christmas Schedule B M F a. Easter runs from Good Friday at 5:30 p.m. until Easter Sunday at 8:00 p.m. b. July 4th runs from July 3 at 3:30 p.m. until July 5 at 9:00 a.m. 2 C. Thanksgiving Schedule A runs from Wednesday Thanksgiv- ing Eve at 5:30 p.m. until Friday at 12:00 p.m. [noon] and from Sunday at 12:00 p.m. [noon] until Monday at 8:00 p.m. Schedule B runs from Friday at 12:00 p.m. [noon] until Sunday at 12:00 p.m. [noon]. d. Christmas Schedule A runs from December 24 at 2:00 p.m. until December 25 at 2:00 p.m. and December 29 at 2:00 p.m. until New Year's Day at 8:00 p.m. Schedule B runs December 25 at 2:00 p.m. until December 29 at 2:00 p.m. 7. Monday holidays and school in-service days shall attach to the weekend and shall end at 8:00 p.m. 8. Holidays take precedence over the other provisions of this order. 9. Each parent shall be entitled to two (2) non-consecutive weeks of custody during the summer break from school. Neither parent shall elect any time prior to the second Friday after school is dismissed in June or after the second week in August. A week is seven (7) days, beginning on Friday of that parent's regularly-scheduled weekend, and ending the following Friday. Each party shall notify the other in writing no later than May 1 of each year of the weeks selected. 10. The parent with custody shall ensure the children's attendance at and participation in school programs, extracurricular activities, sports, camp, and similar enrichment programs. 3 Both parties shall provide adult supervision for the children during their periods of custody, including summer. 11. Unless otherwise provided in this order, the party securing custody will provide the transportation, and all exchanges shall occur at the parties' residences. 12. Ken Paul, Jr. shall not be in the presence of the children unless Father, or Ken Lebo, Jr., or Kendra Lebo or or Lisa Beck (father's girlfriend) is present. 13. Neither party shall make any disparaging remarks regarding the other party in the presence of the children. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the children. 14. During periods of custody, the parties shall not possess or use any controlled substance. They shall not consume alcoholic beverages to the point of intoxication. The parties shall assure, to the extent possible, that other household members and guests comply with this prohibition. 15. Each party shall have reasonable telephone and e-mail access to the children while the children are in the custody and control Consented to: Karl E. Rominger, Esquire Theresa Barrett Male, Esquire Defendant 4 .A ?" R?Ks ol-30-03 ?6mitSgeR 5 t7,N, THERESA BARRETT MALE V1.RJ7WYY.7„I, X Al' LAW THERESA 8MRErr MAU SusAN C. APPVJW. FARM MM . JONATHAN J. M& E. ,L ASSISTAW Karl E. Rominger, Fcgllire 155 South nanover street Carlisle, PA 17013 P*'c : Paul v. Paul (# 02_3126 Civil) Dear Mr. Rominger: January 29, 2003 (717) 233-3220 FAX (717) 233,862 This will conl'um my conversation with Linda this tmmni ofd, your client came to our office on january Per the afirenent between our forwarded the order to you tJ t same dam 2' 2W3 to sign the consent order. Theresa Guido for entry. A copy of the correcnondence ise ethat YOU nclosed f r1 yo your page 4 and re deliver it to judge This morning, Judgc Guido's judicial Assislxuu called to advise that the has not received the order, Linda indicated. to me that she thought judge Iweere? why he responsibility. I advised her that Ms. Paul had Coate to our office merely to that taking of the agreement since the custody hearing was scheduled for Jan= y expedite execution inquired prior to entry of the order. In addition, °?' 3, 20b3. Your signature is we feel the restx,1,sibliity w conclude the as counsel for the moving Party in this matter, Ping issues rests on your, shoulders, Sincerely, /SCA Enclosure cc: Sandy Davis, Judicial Assistant (W/o ew-) Kirby R. Paul (w/o enc) Via fax - hard copy to rolluw 513 NORTH SECOND STREET HARRL"URC, PENNSYLVANIA 17101 Stiigan C. Appleby, Paralegal d 8LZ l bLZ l08 'ON/9£ . Z l '15/8£ ? Z l £OOZ 6Z l (03h1) WOdd FAX TRANSMITTAL Date January 29. 2003 To Karl E. Rominger, L•squire Pax # 241-6878 From Theresa Barrett Male, Esquire Fax # 233-6862 .5 11 North Cecnnd Strewt Harrisburg, PA 17101 (717) 233-3220 Re Paul v. Paul Message See attached letter with referenced enclosures. CC: Sandy Davis, Judicial Assistant (240-6462) 4--- Kirby R. Paul IF THERE ARE PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL SENDER AT (717) 233-3220. THE INFORMATION CONTAINED IN THIS FAXED MESSAGE IS TRANSMITTED BY AN ATTORNEY, IT IS PRIVILEGED AND CONFIDENTIAL, AND INTENDED ONLY FOR THE USE OF THE ABOVE-NAMED INDIVIDUAL, IF Tl•1E READER ON THIS I1rjrSAOL? IS NOT THE INTENDED RECIPIENT, PLEASE BE ADVISED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF THIS COMMUNICATION HAS BEEN RECEIVED IN ERROR PLEASE 24MEDIATELY NOTIFY ME BY TELEPHONE. COLLECTIF NECBSARY. AND DESTROY THIS MESSAGE. THANK YOU. d 81.Z 1 Z 109 'ON/9£: Z 1 '1S/8£: Z 1 €OOZ 6Z l (G3M) Nodi BETH A. PAUL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3126 V. KIRBY R. PAUL, Defendant : IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 2, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: /0 0 r`-' :. ;i _. {_ -?.? ??,.,'; _, _., ._.. _ .. ?'' I?,_ '""'_ r?r- !' _,,. fh BETH A. PAUL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3126 V. KIRBY R. PAUL, Defendant : IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT AND ACKNOWLEDGEMENT 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on July 1, 2002, and I acknowledge receipt of a copy of the same, which was served on me on July 3, 2002, by Certified Mail. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I have been advised of the availability of marriage counseling, and do not request that the Court require that my spouse and I participate in said counseling. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 3 - 5 - O 3 ?1 Kirby R. Paul/Defendant C7 t=` ?: t ?-- t.,. ?'P L -' ?? j??`, ^rf---? ' i L _? _ / ? ,_"? ?'?... I ?J ' _ ?? ? BETH A. PAUL, Plaintiff V. KIRBY R. PAUL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3126 IN DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 3-5-63 KAY R. Paul, Defendant ??. ? ?? [-r ; r-' _, .. ?- ? -- ??•_ r' c ? --- °,_; C!"i -?. BETH A. PAUL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3126 V. KIRBY R. PAUL, Defendant : IN DIVORCE/CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this l" day of July, 2002, I, Karl E. Rominger, Esquire, attorney for Beth A. Paul, Plaintiff, in the above-captioned action, hereby swear that I have served a true copy of the Divorce Complaint, executed by the Plaintiff in the above-captioned matter, upon the Defendant by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested, restricted delivery. The original return receipt card signed by the Respondent on July 3, 2002, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. l Dated: March 12, 2003 By. 2----,-- Karl E. Rominger, Esquire Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 I.D. # 81924 JTI 1-?A J C fVd `\ r ¦ Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. • Attach this Card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Y ,e 4v- L ss ,P 7a a C Ay A /. t , '8 G C. Signatu K ! ?AWM ? Addit D. Is delivery address different from item 1? 0 A If YES, enter delivery address below: ? No Aw4A?) 3. ?S,e/rvice, Type ? 6erti" Mail ? Express Mail ? Insured M stum Receipt for Mercl?r?e ? Insured Mail L] C.O.D. 4. Restricted Delivery? (Extra Fee) -- r4 PY.firon! service lab?lf 2. ArtRu < 4. PS Form 3811, Juy ion Domeelic Rslurn fieoNo to2es6-99-M-t7M EXHIBIT "A" n c_ r nj r co BETH A. PAUL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3126 V. KIRBY R. PAUL, Defendant : IN DIVORCE/CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PR nTUnunT A R V. BETH A. PAUL, Plaintiff V. KIRBY R. PAUL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3126 IN DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 1 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ?/w /0 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Beth A. Paul Plaintiff VERSUS Kirby R. Paul Defendant N O Civil Action DECREE IN DIVORCE AND NOW, ? I IT X003 DECREED THAT Beth A. Paul 02-3126 IT IS ORDERED AND AND Kirby R. Paul ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None ATTESTJ r NOTAR F- W -* ?*V-ww moo. or -S' BETH A. PAUL, Plaintiff V. KIRBY R. PAUL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3126 IN DIVORCE/CUSTODY PRAECIPE TO TRANSMIT MCORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of divorce decree: ry f a 1 Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified mail, July 3, 2002. 3. Date of execution of the affidavit of consent required by § 3301(c) or The Divorce Code: by the Plaintiff March 10, 2003; by the Defendant, March 5, 2003 4. Related claims pending: None. 5. Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: March 12, 2003. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: March 12, 2003. Date: March 12, 2003 -? Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 81924 C) r?.-? ?' c_,.• "?:? i'; -,,, ,_. C'.!? `?. ?-"'- _? ~- ?_. T• ?-- .:? .. -? <n FRIEDMAN and KING, P.C. John F. King, Esq. ID #61919 600 North 2"' Street Penthouse Suite Harrisburg, PA 17101 (717)236-8000 (717)236-8080 (FAX) BETH A. PAUL, n/k/a BETH A. KELLER Plaintiff V. KIRBY R. PAUL, Defendant. TO: Prothonotary COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO: 02-3126 CIVIL ACTION - CUSTODY WITHDRAWAL OF APPEARANCE Kindly withdraw my appearance on behalf of the Plaintiff, Beth A. Paul n/k/a Beth A. Keller, in the above-captioned matter. Dated: March, 2007 Karl E. Rominger, Esq. 155 S. Hanover Street Carlisle, PA 17013 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the Plaintiff, Beth A. Paul n/k/a Beth A. Keller, in the above-captioned matter. Dated: March , 2007 ohn F. King, Esquire ` ?° - ? ? v ? ? - r??ic ? ? ? -r; r, - _ ..?, J 4 ?= ?" . T a M t ay {?/ FRIEDMAN and KING, P.C. John F. King, Esq. ID #61919 600 North 2nd Street Penthouse Suite Harrisburg, PA 17101 (717)236-8000 (717)236-8080 (FAX) BETH A. PAUL, n/k/a BETH A. KELLER Plaintiff V. Petitioner KIRBY R. PAUL, Defendant. Respondent NO: 02-3126 CIVIL ACTION - CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. The Petitioner is Beth A. (Paul) Keller, Plaintiff in the above-captioned action, and Mother of the minor child, with a current address of 220 S. Enola Drive, Enola, Cumberland County, PA. 2. The Respondent is Kirby R. Paul, Defendant in the above-captioned action, and Father of the minor child, with a current address of 131 Powell's Valley Road, Halifax, Dauphin County, PA. 3. The Petition of Mother respectfully represents that on the 29 day of January, 2003, an Order of Court was entered for the custody and visitation of the subject minor child, Alexandria W. Paul (dob:05/27/95), and also the minor children, Sydney M. Paul (dob: 03/17/97) and Jakob M. Paul (dob: 11/25/98) a true and correct copy of which is attached hereto and Attorney for Plaintiff/Petitioner COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA marked as Exhibit "A". ? f 4. This Order should be modified because: A. The subject minor child, Alexandria W. Paul, is the eldest child of three children of the marriage of the parties. The child will be 12 years old on May 27, 2007. B. The child has expressed a clear and well thought out preference to reside primarily with Mother. C. Mother has remarried, and the subject minor child and her step-father have a good, loving relationship. D. Mother and step-father reside with Carol Aceino, who is the subject child's maternal grandmother, and the child has a good and loving grandchild/grandmother relationship with said maternal grandmother. E. Mother and child have a good and loving relationship between themselves. F. The subject child does not have the type of relationship with her step- mother which would allow her to discuss issues which arise in a pre-teen girl's life on a daily basis. G. It would be in the best interest of the child to allow Mother primary physical custody of the child. WHEREFORE, Petitioner requests that the Court modify the existing Order for custody and visitation by granting Petitioner primary physical custody of the subject minor child, Alexandria, with periods of partial visitation granted to Respondent. Dated:., 24-i 2-00 Respectfully submitted, FRIEDMAN and KING, P.C. By• 'U i IL 7A4- /John F. King, Esquir ID#61919 600 N. Second Street Penthouse Suite Harrisburg, PA 17101 (717) 236-8000 Attorney for Plaintiff/Petitioner VERIFICATION I, Beth Keller, formerly known as Beth A. Paul, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Petition for Modification of Custody Order; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Beth Keller, former k44VIL-1 Dated: Beth A. Paul MAR-15-2007 12:24 PM STEPHEHJHOGG 717 245 0829 P.02 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH A. PAUL Plain iff v. ' KIRBY R, PAUL Defendant NO. 02-3126 Civil CIVIL ACTION - DIVORCE/CUSTODY ORDER AND NOW, January ?.._, 2003, upon agreement of the parties, the Court ORDERS and DECREES as follows: 1. The parties will share legal custody of the minor children Alexandria W. Paul (dab: 05127/95), Sydney M. Paul (dob: 03117197) and Jakob M. Paul (dob: 11/25/98) as defined in 23 Pa. C.S.A. § 5302. All decisions affecting the children's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. 2. As provided in 23 Pa. C.S.A. 15309 (a), each parent shall have full and complete access to the children's medical, dental, religious and school records, This includes the name, addresses and telephone numbers of all medical and other providers. 3. Pather will continue to have primary physical custody of the children. 4. Mother will have partial physical custody as follows: a, alternating weekends from Friday at 5:30 p.m. until Sunday at 5:00 p.m. during the school year. MAf.-15-2007 12:24 PM STEPHEHJHOGG 717 245 0529 P.OS b. alternating weekends from Thursday at 5:30 p.m. until Sunday at 8:00 p.m. during the summer, commencing on Mother's fmt weekend alter school is dismissed, and continuing until mother's last regularly-scheduled weekend before the Labor Day weekend. C. in the weep preceding Father's weekends, from 5:30 p.m, to 8:00 p.m. one evening on any day except Friday, with 24 hours notice to Father. Mother shall provide the transportation. 5. Mother's Day weekend and Memorial Day weekend are reserved to Mother, Father's Day weekend and Labor Day weekend are reserved to Father. no times are Friday at 5:30 p.m. until Sunday at 8:00 p.m. 6. The parties shall share holidays as follows: Even-Numbered Years Odd-Numbered Years Easter F M July Fourth M F Ibmitsgiving Schedule A F M Thanksgiving Schedule H M F Christmas Schedule A F M Christmas Schedule H M F a. Easter runs from Good Friday at 5:30 p.m. until Easter Sunday at 8:00 p.m. b. July 4th runs from July 3 at 3:30 p.m. until July 5 at 9;00 a.m. 2 MAH-15-2007 12:25 PM STEPHENJHOGG 717 245 0829 C. Tbanbgiving Schedule A runs from Wednesday Thanksgiv- ing Eve at 5:30 p.m. until Friday at 12:00 p.m, (noon) and from Sunday at 12:00 p.m.. [nova] until Monday at 8:00 p.m. Schedule B runs from Friday at 12:00 p.m. [noon] until Sunday at 12:00 P.M. [noon]. d. Christmas Schedule A runs from December 24 at 2:00 p.m. until December 25 at 2:00 p.m, and December 29 at 2:00 p.m. until New Year's Day at 8:00 p.m. Schedule B nuns December 25 at 2:00 p.m. until December 29 at 2:00 p.m. 7. Monday holidays and school in-service days shall attach to the weekend and shall end at 8:00 p.m. 8. Holidays take precedence over the other provisions of this order. 9. Each parent shall be entitled to two (2) non-consecutive weeks of custody during the summer break from school. Neither parent shall elect any time prior to the second Friday after school is dismissed in June or after the second week in August. A week is seven (7) days, beginning on Friday of that parent's regularly-scheduled weekend, and ending the following Friday. Bacb party shall notify the other in writing no later than May 1 of each year of the weeks selected. 10. TtLe parent with custody shah ensure the children's attendance at and participation in school programs, extracurricular activities, sports, camp, and similar enrichment programs. P. 04 3 MAR=15-2007 12:25 PM STEPHENJHOGG 717 245 0829 P.05 Both parties shall provide adult supervision for the children during their periods of custody, including summer. 11, Unless otherwise provided in this order, the party securing custody will provide the transportation, and all exchanges shall occur at the parties' residences. 12. Ken Paul, Jr. shall not be in the presence of the children unless Father, or Ken Lebo, Jr., or Kendra Lebo or or Lisa Beck (father's girlfriend) is present. 13. Neither patty shall make any disparaging remarks regarding the other party in the presence of the children, Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the children, 14, During periods of custody, the parties shall not possess or use any controlled substance. They shall not consume alcoholic beverages to the point of intoxication, The parties shall assure, to the extent possible, that other household members and guests comply with this prohibition, 1S. Each party shall have reasonable telephone and e-mail access to the children while the children are in the custody and control i Consented to: Karl E. Rominger, Esquire . P1 eresa Barrett Male, Esquire Defendant 4 MAR-15-2007 12:26 PM STEPHENJHOGG 717 245 0829 P.06 BY THF,JOeMiT: E. Guido, J. Res o i • 30.03 ? (?laa c ?Omi143C R 5 t :ZD --rC 't- BETH A. PAUL N/K/A BETH A. KELLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-3126 CIVIL ACTION LAW KIRBY R. PAUL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, April 04, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 02, 2007 at 10:00 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/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 h BETH A. PAUL, n/k/a BETH A. KELLER Plaintiff V. Petitioner KIRBY R. PAUL, Defendant Respondent CERTIFICATE OF SERVICE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO: 02-3126 CIVIL ACTION - CUSTODY W&-- 1 hereby certify that I am this day of April, 2007, serving the foregoing custody modification petition upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail and Certified Mail RRR addressed as follows: Kirby R. Paul 131 Powell's Valley Road Halifax, PA 17032 certified number 7006 0100 0005 1040 2570 s Sharry Semans Postal C3 CERTIFIED RE CEIi ti (Domestic • ¦ Complete items 1, 2, and 3. Also complete A. S 0 Agent For delivery information visit our website at ww, item 4 if Restricted Delivery is desired. X C3 ¦ Print your name and address on the reverse E3 Addre so that we can return the card to you. B. (pt ) ate of Del r-1 t P $ ¦ Attach this card to the back of the mailpiece, rmits f t 11 h r !d _ 0 VIA- os age . apace pe ron or on t e fJ Y Ln es D. Is delivery different from item 1? C3 ? Certified Fee 1. Article Addressed to: 0 No if YES, enter delivery address below: e R t R / urn ace ir e (Endorsement Regmed) _ rJ ` / Kk 1 n 0 C3 C3 Restricted Do Fee (Endorsement Rquired) r (/ \ J I C `? p ?o S vG'L?." ?_,(" f C S ' C3 -0 Total Postage & Fees $ r / ' ( I U 3 ?. YYY??? 3.Service 7;Ipa 0 Sent To MZ&Vflsd Mail 0 Ewses Mail o 13 Regbtered f] F oUn ReoW for Merchandise Street, Apr. %Vo.; 0 Urstxed Mail O C.O.D. of PO Box No. - - -----------•°•----------°-------------- Ciry, State, ZIP+4 4• ReBtfiCted DellverY? (E7t6a Fee 0 ygg 2. Article Number (BWWWhvmservicefeb 7006 0100 0005 1040 2570 PS Form 3511, FebrUary 2004 Domestic faetwn RsoW 102595-02-WIW .C7!> J i t i w The Law Offices of Robert S. Mirin Debra R. Mehaffie, Esquire PaID# 90951 2515 N. Front Street Harrisburg, PA 17110 (717) 909-9900 Phone (717) 561-1615 Fax Susquehanna&comcast.net Attorney for Kirby R. Paul BETH A. PAUL N/K/A BETH A. KELLER Plaintiff V. KIRBY R. PAUL Defendant IN THE COURT OF COMMON PLEAS OF CUBERLAND COUNTY, PENNSYLVANIA 02-3126 CIVIL ACTION LAW IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant Kirby R. Paul in the above captioned matter. LAW OFFICES OF ROBERT S. MIRIN Esquire Date: BETH A. PAUL N/K/A IN THE COURT OF COMMON PLEAS OF BETH A. KELLER CUBERLAND COUNTY, PENNSYLVANIA Plaintiff v. 02-3126 CIVIL ACTION LAW KIRBY R. PAUL Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Rosemary A. Hunt, Office Manager of the Law Offices of Robert S. Mirin, do hereby certify that on this, the 12'' day of April, 2007, a true and correct copy of the Entry of Appearance with respect to the above referenced matter has been served upon the following by first class mail prepaid: John F. King, Esquire Friedman and King, PC 600 North 2nd Street Penthouse Suite Harrisburg, PA 17101 Dawn S. Sunday, Esquire 39 W. Main Street Mechanicsburg, PA 17055-6372 LAW OFFICES OF ROBERT S. MIRIN By: Rosemary A. Hunt, ffice Manager Date: q I w ©-7 - r i 16 MAY 0 4 2007 ov BETH A. PAUL N/K/A BETH A. KELLER : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 02-3126 CIVIL ACTION LAW KIRBY R. PAUL : Defendant IN CUSTODY ORDER OF COURT AND NOW, this I & day of /A ` tr , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall arrange for Alexandria to participate in counseling with Sally Rooney, or other professional selected by agreement between the parties taking into consideration the Father's available insurance coverage. The purpose of the counseling shall be to explore issues related to the Child's expressed preference, if any, regarding the custodial arrangements and to provide guidance to the parents in their efforts to promote the Child's best interests. The Father shall be responsible to pay for any costs of counseling which are not reimbursed by insurance coverage. 2. Within 60 days of the conclusion of the counseling provided in this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 3. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated January 29, 2003 shall continue in effect. BY CIE COURT, Edward E. Guido J. 3H.L 3111°' )--I IH ! , i. BETH A. PAUL N/K/A BETH A. KELLER Plaintiff VS. KIRBY R. PAUL Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3126 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexandria W. Paul May 27, 1995 Father Sydney M. Paul March 17, 1997 Father Jakob M. Paul November 25, 1998 Father 2. A custody conciliation conference was held on May 2, 2007 with the following individuals in attendance: the Mother, Beth A. Keller, formerly Paul, with her counsel, John F. King, Esquire, and the Father, Kirby R. Paul, with his counsel, Debra R. Mehaffie, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Cw? j o O -7 Date Dawn S. Sunday, Esquire Custody Conciliator r COURT OF COMMON PLEAS BETH A. PAUL, CUMBERLAND COUNTY n/k/a BETH A. KELLER PENNSYLVANIA Plaintiff V. Petitioner NO: 02-3126 KIRBY R. PAUL, CIVIL ACTION - CUSTODY Defendant Respondent STIPULATION THIS AGREEMENT, made this 23-Aday of J o , 2007, by and between Beth A. Keller (formerly known as Beth A. Paul), hereinafter referred to as "Mother" and Kirby R. Paul, hereinafter referred to as "Father", WHEREAS, the parties are the natural parents of the minor children, Alexandria W. Paul, (DOB: 5/27/95), Sydney M. Paul, (DOB: 3/17/97), and Jakob M. Paul, (DOB: 11/25/98), and WHEREAS, on January 29, 2003, an Order of Court was entered for the visitation and custody of the subject minor children, and WHEREAS, Mother, on or about March 28, 2007, filed a Petition for Modification of the Custody Order dated January 29, 2003, and WHEREAS, subsequent to a custody conciliation conference, held on May 2, 2007, an Order of Court was issued dated May 7, 2007, which Order required the parties to arrange for the minor child, Alexandria, to participate in counseling with Sally Rooney, or other professional selected by agreement between the parties, for the purpose of exploring issues related to the child's expressed preference, if any, regarding the custodial arrangements and to provide guidance to the parents in their efforts to promote the child's best interests, and WHEREAS, the parties hereto have reached an agreement concerning the custodial rights of the parties with respect to the children, and the parties desire to set forth the terms of such an agreement herein, and WHEREAS, each of the parties have had the full opportunity to seek the advice of legal counsel in regard to his/her respective rights, duties, obligations arising out of the parental status, NOW THEREFORE, in consideration of the mutual covenants, promises and undertakings herein, as hereto set forth, and the Mother and Father each intending to be legally bound hereby, agree as follows: Mother's Petition for Modification of the Custody Order dated January 29, 2003, shall be withdrawn. 2. Mother and Father shall continue to follow the dictates of the Custody Order dated January 29, 2003. The minor child, Alexandria, shall not participate in counseling with Sally Rooney or any other professional, as set forth in the May 7, 2007 Order. 4. The parties agree that this Stipulation may be entered as an Order of the Court. Date: F Q Date: Date: Date: c _ rrz F-7 -tD AUG 0 92007 COURT OF COMMON PLEAS BETH A. PAUL, CUMBERLAND COUNTY n/k/a BETH A. KELLER PENNSYLVANIA Plaintiff V. Petitioner NO: 02-3126 KIRBY R. PAUL, CIVIL ACTION - CUSTODY Defendant Respondent ORDER AND NOW, this L/*day of , 2007, the parties having stipulated to terms resolving the Petition for Modification of a Custody Order filed by Mother, it is ORDERED and DIRECTED as follows: 1. The prior Order of this Court dated January 29, 2003, shall continue in effect; 2. The terms of the Interim Order of this Court dated May 7, 2007, are no longer 3 binding upon the parties. The pending Petition for Modification of the Custody Order filed by Plaintiff, Beth A. Keller (formerly Beth A. Paul) is withdrawn and the Prothonotary shall so mark the docket. '00e? F J. Distribution: John F. King, Esq., 600 N. 2nd St., Fifth Floor, Harrisburg, PA 17101 Debra R. Mehaffie, Esq., 2515 N. Front St., Harrisburg, PA 17110 ?,..,.. zt, fl-uh 7 Prothonotary kLR ;r' }°?. 6' : I I'd. L ! 519V LODI FRIEDMAN and KING, P.C. John F. King, Esq. ID #61919 3820 Market Street Camp Hill, PA 17011 (717)236-8000 (717)236-8080 (FAX) BETH A. PAUL, n/k/a BETH A. KELLER Plaintiff Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA V. NO: 02-3126 KIRBY R. PAUL, CIVIL ACTION - CUSTODY Defendant. MOTION TO ENTER CUSTODY STIPULATION 1. The Plaintiff is Beth A. (Paul) Keller, Plaintiff in the above-captioned action, and Mother of the minor children, with a current address of 220 S. Enola Drive, Enola, Cumberland County, PA, and is represented by Friedman & King, P.C. 2. The Respondent is Kirby R. Paul, Defendant in the above-captioned action, and Father of the minor children, with a current address of 131 Powell's Valley Road, Halifax, Dauphin County, PA, and is represented by Debra R. Mehaffie, Esq. 3. The minor children are Alexandria W. Paul (dob:05/27/95), Sydney M. Paul (dob: 03/17/97) and Jakob M. Paul (dob: 11/25/98). 4. An Order of Custody was issued on January 29, 2003, by the Honorable Edward E. Quido. A copy is attached as Exhibit "A". 5. A Petition for Modification of a Custody Order was filed by Plaintiff on or about March 28, 2007, which Petition was subsequently withdrawn. 6. The parties, through their respective legal counsel, have now reached an agreement to modify the terms of the aforementioned Order, which Stipulation is attached hereto as Exhibit "B". 7. The Honorable Edward E. Quido has previously ruled on the custody issues. 8. All parties concur with this Motion. WHEREFORE, Petitioner requests that the Court adopt the attached Stipulation as an Order of the Court.. Dated: February 13, 2008 Respectfully submitted, FRIEDMAN and KING, P.C. By: John F. King, Esquir S ID#61919 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 Attorney for Plaintiff TO: Debra R. Mehaffie, Esq. 2515 N. Front Street Harrisburg, PA 17110 Attorney for Defendant VERIFICATION I, John F. King, Esquire, hereby acknowledge that I am the attorney for the Plaintiff in the foregoing action; that I have read the foregoing Plaintiff's motion and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: February, 2008 Jo F. King CERTIFICATE OF SERVICE I hereby certify that I am this k; - day of February, 2008, serving the foregoing motion to enter stipulation upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Debra R. Mehaffie, Esq. 2515 N. Front Street Harrisburg, PA 17110 aaA:??" harry Semans MAR-15-2007 12:24 PM STtI-HEHJHOGG 717 245 0829 P.02 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETH A. PAUL Plaintiff V. KIRBY R, PAUL Defendant NO. 02-3126 Civil CIVIL ACTION - DIVORCE/CUSTODY ORDER AND NOW, January , 2003, upon agreement of the parties, the Court ORDERS and DECREES as follows: I. The parties will share legal custody of the. minor children Alexandria W. Paul (dab: 05127/95), Sydney M. Paul (dob: 03117/97) and Jakob M. Paul (dob: 11/25/98) as defined in 23 Pa. C.S.A. 4 5301 All decisions affecting the children's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. 2. As provided in 23 Pa. C.S.A. 15309 (a), each parent shall have full and complete access to the children's medical, dental, religious and school records, This includes the name, addresses and telephone numbers of all medical and other providers. 3. Father will continue to have primary physical custody of the children, 4. Mother will have partial physical custody as follows: a, altercating weekends from Friday at 5:30 p.m. until Sunday at 5:00 p.m. during the school year. MAF.-15-2007 12:24 PM STE'F-HEHJHOGG TIT 245 0529 b. alternating weekends from Thursday at 5:30 p,m. until Sunday at 8:00 p.m. during the summer, commencing on Mother's fast weekend aft school is dismissed, and continuing until mother's last regularly-scheduled weekend before the Labor Day weekend. C. in the weeks preceding Father's weekends, from 5:30 p.m. to 8:00 p.m. one evening on any day except Friday, with 24 hours notice to Father. Mother shall provide the transportation, 5. Mother's Day weekend and Memorial Day weekend are reserved to Mother, Father's Day weekend and Labor Day weekend are reserved to Father. The times are Friday at 5:30 p.m. until Sunday at 8:00 p.m. 6. The parties shall share holidays as follows: Even-Numbered Years Odd-Numbered Years Easter F M July Fourth M F Thanksgiving Schedule A F M Zbaoksgiving Schedule H M F Christmas Schedule A F M Christmas Schedule H M F a, Easter runs from Cood Friday at 5:30 p.m. until Easter Sunday at 8:00 p.m. b. July 4th runs from July 3 at 3:30 p.m. until July 5 at 9;00 a, m. P.03 2 MAR-15-2007 12:25 PM STEPHEHSHOGG 717 245 0829 P,04 C. Thanksgiving Schedule A runs from Wednesday T mbgiv- ing Eve at 5:30 p.m. until Friday at 12:00 p.m. [noon] and from Sunday at 12:00 p.m. [anon] until Monday at 8:00 p.m. Schedule B runs from Friday at 12:00 p.m. [noun] until Sunday at 12:00 p.m. (noon], d, Christmas Schedule A runs from December 24 at 2:00 p.m. until December 25 at 2:00 p.m. and December 29 at 2:00 p.m, until New Year's Day at 8:00 p.m. Schedule Bruns December 7.5 at 2:00 p.m. until December 29 at 2:00 p.m. 7. Monday holidays and school in-service days shall attach to the weekend and shall end at 8:00 p.m. 8. Holidays take precedence over the other provisions of this order. 9. Bach parent shall be entitled to two (2) non-consecutive weeks of custody during the summer break from school. Neither parent shall elect any time prior to the second Friday after school is dismissed in June or after the second week in August. A week is seven (7) days, beginning on Friday of that parent's regularly-scheduled weekend, and ending the following Friday. Bach party shall notify the other in writing no later than May i of each year of the weeks selected. 10, The parent with custody shall ensure the children's attendance at and participation in school programs, extracurricular activities, sports, camp, and similar enrichment programs. 3 MA.P.=15-2007 12:25 PM STE? ..ENJHOGG 717 24b 0829 P.05 Both parties shall provide adult supervision for the children during their periods of custody, inchWing summer. 11. Unless otherwise provided in this order, the party securing custody will provide the transportation, and all exchanges shall occur at the parties' residences. 12. Ken Paul, Jr. shall not be in the presence of the children unless Father, or Ken Lebo, Jr., or Kendra Lebo or or Lisa Beck (father's girlfriend) is present. 13. Neither party shall make any disparaging remarks regarding the other party in the presence of the children, Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the children, 14, During periods of custody, the parties shall not possess or use any controlled substance. They shall not consume alcoholic beverages to the point of intoxication. The parties shall assure, to the extent possible, that other household members and guests comply with this prohibition. 15. Each party shall have reasonable telephone and e-mail access to the children while the children are in the custody and control Consented to: Karl E. Rominger, Esquire therva Barrett Male, Esquire Defendant 4 t, F-06 T1? 245 552 5-Zg5? i2w26 PM V :. "OGG 01-30-0-3 1-1 5 BETH A. PAUL, n/k/a BETH A. KELLER, Plaintiff V. KIRBY R. PAUL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3126 Civil CIVIL ACTION - LAW CUSTODY STIPULATION FOR ANAGREED ORDER OF CUSTODY WHEREAS, the parties are the parents of the minor children, Alexandria W. Paul, born May 27, 1995, Sydney M. Paul, born March 17, 1997, and Jakob M. Paul, born November 25, 1998, and WHEREAS, the parties hereto desire to set forth herein their respective rights as to custody of the aforesaid minor children in a manner as to facilitate continued contact by both parents, and WHEREAS, the parties hereto have reached an agreement concerning the custodial rights of the parties with respect to the children and the parties desire to set forth the terms of such an agreement herein, and WHEREAS, each of the parties have had the full opportunity to seek the advice of counsel in regard to his or her respective rights, duties and obligations arising out of the parental status, NOW, THEREFORE, in consideration of the mutual covenants, promises and undertakings herein, as hereto set forth, and Mother and Father, each intending to be legally bound hereby, agree as follows: The parties shall have joint legal custody of their minor children, Alexandria W. Paul (dob 5/27/95), Sydney M. Paul (dob 3/17/97), and Jakob M. Paul (dob 11/25/98), hereinafter collectively referred to as "children", legal custody being defined as the legal right to make major decisions affecting the upbringing of the children, including but not limited to medical, religious and educational decisions. The parties agree to discuss and consult with one another on these decisions with a view to adopting a harmonious policy calculated to promoting the children's best interests. 2. Each party has a right to be kept informed of the children's educational and medical development and shall have a right of access to the children's educational and medical records. Each party shall be entitled to complete and full information concerning the children from each other and from any doctor, dentist, teacher or similar authority, and to have copies of any reports, notices or other communications given to either party as a parent. 3. Each party shall notify the other of any matter relating to the children, which could reasonably be expected to be of significant concern to the other party. 4. Defendant/Father shall have primary physical custody of the children. 5. Plaintiff/Mother shall have partial physical custody of the children as follows: A. During the school year, alternating weekends from Friday after work until Sunday at 8:00 p.m. B. During the school year, every Monday from after work until 8:00 p.m. Mother shall provide the transportation. Mother shall provide twenty-four (24) hours notice to Father if she unable to exercise this period of custody, unless an emergency arises, in which case Mother shall provide notice as soon as possible. C. During the summer school vacation period, alternating weeks commencing on Sunday at 8:00 p.m. and ending the following Sunday at 8:00 p.m., with Mother's first week of custody beginning on the first Sunday after the last day of school. Father shall always have custody during the full week preceding the first day of school so that the children can prepare for their return to school. 6. It is acknowledged by the parties that all three children have participated in spring soccer in the past three (3) years, and continue to do so. It is further acknowledged that Sydney participates in cheerleading and Jakob participates in football. The parties agree that it is in the best interest of the children to continue with these activities. Father shall continue to provide mother with a schedule of all practices, games and award ceremonies associated with these activities, upon his receipt thereof. Each parent shall make a good faith effort to ensure that the children attend all practices, games and associated ceremonies during their periods of custody, and shall also make good faith efforts to schedule trips and activities at times when the children do not have practices, games and associated ceremonies. Neither parent shall sign up the children for new activities that fall on the other parent's period of custody without the consent of the other parent, which consent shall not be unreasonably withheld. Neither parent shall rely upon the subject minor child, Alexandria, as their sole source of daycare/babysitting during the summer vacation period. For the purposes of this paragraph, it is agreed between the parties that "good faith efforts" is defined as each party ensuring that the children attend all practices, games and associated ceremonies (hereafter referred to as "activities") during their periods of custody, so long as such attendance does not conflict with a family trip out-of-state or a specially scheduled family event (such as a concert, circus, show, or the like), and reasonable notice is provided to the other parent of said family trip or specially scheduled family event. 7. The parties shall share holidays as follows: HOLIDAY EVEN NUMBERED YEARS ODD NUMBERED YEARS Easter Father Mother Memorial Day Mother Father July 4th Father Mother Labor Day Mother Father Thanksgiving Schedule A Father Mother Thanksgiving Schedule B Mother Father Christmas Schedule A Father Mother Christmas Schedule B Mother Father A. Easter runs from Good Friday at 5:30 p.m. until Easter Sunday at 8:00 p.m. B. Memorial Day and Labor Day shall run from 9:00 a.m. to 8:00 p.m. C. July 4th runs from July 3rd at 3:30 p.m. to July 5th 9:00 a.m. D. Thanksgiving Schedule A runs from Wednesday, Thanksgiving Eve at 5:30 p.m. until Friday at 12:00 p.m. (Noon), and from Sunday at 12:00 p.m. (Noon) until Monday at 8:00 p.m. E. Thanksgiving Schedule B runs from Friday at 12:00 p.m. (Noon) until Sunday at 12:00 p.m. (Noon). F. Christmas Schedule A runs from December 24th at 2:00 p.m. until December 25th at 2:00 p.m., and December 29th at 2:00 p.m. until New Year's Day at 8:00 p.m. G. Christmas Schedule B runs from December 25th at 2:00 p.m. until December 29th at 2:00 p.m. H. Mother's Day shall always be with Mother, and Father's Day shall always be with Father. Mother's Day and Father's Day run from 9:00 a.m. until 8:00 p.m. 8. Monday holidays and school in-service days shall attach to the weekend, and shall end at 8:00 p.m. 9. Holidays take precedence over the other provisions of this Order. 10. Unless otherwise provided in this Order, the parties securing custody will provide the transportation, and all exchanges shall occur at the parties' residences. 11. Each party shall have reasonable telephone and mail access to the children when in the custody of the other parent. 12. Neither party shall impair the other party's right to custody or interfere with the other parent's custody when the children are with that parent. 13. Neither party shall disparage the other party in front of the children, attempt to alienate the affections of the children from the other party, or allow third parties to attempt to alienate the affections of the children from the other party. 14. The parties shall not involve the children in any of the disputes concerning the children, including, but not limited to, financial matters. 15. The parties shall refrain from encouraging the children to provide reports about the other party. Communication shall take place directly between the parties, without using the children as an intermediary. The parties shall communicate directly with each other for purposes of effectuating paragraph 5(C) of this Order. 16. Day-to-day decisions shall be the responsibility of the parent having physical custody at that time. Additionally, the parent having physical custody of the children at the time of an emergency shall have the right to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other parent of the emergency and consult with him/her regarding the emergency as soon as is practicable. If either parent should be unreachable at their office or residence, then that party shall provide the other party with the necessary information to facilitate notification of an emergency. 17. During any period of custody or visitation, the parties to this Order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 18. The parties shall refrain from making derogatory comments about the other party in the presence of the children and, to the extent possible, shall prevent third parties from making such comments in the presence of the children. 19. This Stipulation shall be entered as an Order of the Court. Z-1 ' Date: 6-? 7" oJ' Kir y R. Paul, Father Date: Date: Date: JFK/bp 0 Q FEB 141008}''D BETH A. PAUL, : IN THE COURT OF COMMON PLEAS n/k/a BETH A. KELLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 02-3126 Civil KIRBY R. PAUL, : CIVIL ACTION - LAW Defendant :CUSTODY ORDER AND NOW, this / k day of 2008, upon stipulation of the parties, it is hereby ORDERED and DECREED that the terms, conditions and provisions of the attached Stipulation For An Agreed Order of Custody entered into by the parties and executed by the parties, replacing the Custody Order dated January 29, 2003, are adopted as an Order of Court. BY THE COURT: DISTRIBUTION: "John F. King, Esq., 3820 Market Street, Camp Hill, PA 17011, (717) 236-8000 - e-mail: friedmanandkinga,hotmail.com v-.D'ebra R. Mehaffie, Esq., 2515 N. Front Street, Harrisburg, PA 17110, (717) 909-9900 - e-mail: susquehannaCa,comcast.net o2?ls?d8 S ss 0 W8 9 ! 833 ROOZ 1??1b'lU?v:lLl;? 31HI 30 JOHN F. KING LAW, P.C. John F. King, Esq. ID #61919 19 S. Hanover Street, Suite 103 Carlisle, PA 17013 (717) 258-4343 (717) 422-5526 (FAX) BETH A. PAUL, n/k/a BETH A. KELLER Plaintiff V. Petitioner KIRBY R. PAUL, Defendant. Respondent Attorney for Plaintiff/Petitioner COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO: 02-3126 CIVIL ACTION - CUSTODY PETITION TO TRANSFER CUSTODY ACTION PURSUANT TO PaRCP 1915.2(d) 1. The Petitioner is Beth A. (Paul) Keller, Plaintiff in the above-captioned action, and Mother of the minor children, with a current address of 217 Market Street, Halifax, Dauphin County, PA. 2. The Respondent is Kirby R. Paul, Defendant in the above-captioned action, and Father of the minor children, with a current address of 131 Powell's Valley Road, Halifax, Dauphin County, PA. 3. The subject minor children are Alexandria W. Paul (dob:05/27/95), Sydney M. Paul (dob: 03/17/97) and Jakob M. Paul (dob: 11/25/98), all of whom are subject to an Order of the Honorable Edward E. Guido, dated February 15, 2008, which was entered upon Stipulation of the parties, a copy of which is attached hereto, along with the stipulation, as Exhibit "A". 4. The subject minor children are in the primary physical custody of VERIFICATION I, John F. King, Esquire, hereby acknowledge that I am the attorney for the Plaintiff in the foregoing action; that I have read the foregoing Plaintiffs Petition to Transfer Custody and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Jqhn F! King, Esquire Attorney for Plaintiff 11 Respondent/Father who resides at 131 Powell's Valley Road, Halifax, Dauphin County, PA. 5. The Petitioner/Mother has relocated to 217 Market Street, Halifax, Dauphin County, PA 17032, effective on or about April 15, 2009. 6. It is believed, and therefore averred, that the appropriate court for the filing of any further action in this matter is the Court of Common Pleas of Dauphin County, PA. 7. The Honorable Edward E. Guido has ruled upon other issues in this matter. 8. The Respondent/Father has concurred with this Petition. A copy of correspondence from Defense counsel is attached hereto as Exhibit "B". WHEREFORE, the Petitioner respectfully requests this Honorable Court to direct the Prothonotary of the Court of Common Pleas of Cumberland County to forward to the Prothonotary of the Court of Common Pleas of Dauphin County, certified copies of the docket entries, process, pleadings and other papers filed in the above-captioned action, with costs and fees to be paid by the Petitioner. /^ .°- \f Dated: April 24, 2009 By:- M#61919 19 S. Hanover Street, Suite 103 Carlisle, PA 17013 (717) 258-4343 Attorney for Plaintiff/Petitioner BETH A. PAUL, n/k/a BETH A. KELLER Plaintiff V. Petitioner KIRBY R. PAUL, Defendant. Respondent COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO: 02-3126 CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this 24`n day of April, 2009, serving the foregoing upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Debra R. Mehaffie, Esq. Scaringi & Scaringi 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 ?AjkaA? 1? t Sh Semans EXHIBIT A FEB 14 2008#4 BETH A. PAUL, : IN THE COURT OF COMMON PLEAS n/k/a BETH A. KELLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 02-3126 Civil KIRBY R. PAUL, : CIVIL ACTION - LAW Defendant : CUSTODY ORDER AND NOW, this day of , 2008, upon stipulation of nt 'r. the parties it is hereby ORDERED and DECREED that the terms, conditions and provisions of the attached Stipulation For An Agreed Order of Custody entered into by the parties and executed by the parties, replacing the Custody Order dated January 29, 2003, are adopted as an Order of Court. BY THE COURT: DISTRIBUTION: John F. King, Esq., 3820 Market Street, Camp Hill, PA 17011, (717) 236-8000 - e-mail: friedmanandking(@hotrnail,.com Debra R. Mehaffie, Esq., 2515 N. Front Street, Harrisburg, PA 17110, (717) 909-9900 - e-mail: susquehanna(@comeast.net 1 0 f3+ii"tiy t BETH A. PAUL, : IN THE COURT OF COMMON PLEAS n/k/a BETH A. KELLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 02-3126 Civil KIRBY R. PAUL, : CIVIL ACTION - LAW Defendant :CUSTODY ORDER AND NOW, this day of , 2008, upon stipulation of the parties, it is hereby ORDERED and DECREED that the terms, conditions and provisions of the attached Stipulation For An Agreed Order of Custody entered into by the parties and executed by the parties, replacing the Custody Order dated January 29, 2003, are adopted as an Order of Court. BY THE COURT: J. DISTRIBUTION: John F. King, Esq., 3820 Market Street, Camp Hill, PA 17011, (717) 236-8000 - e-mail: friedmanand dnanhotmail com Debra R. Mehaffie, Esq., 2515 N. Front Street, Harrisburg, PA 17110, (717) 909-9900 - e-mail: susauehanna(a?comcast net BETH A. PAUL, : IN THE COURT OF COMMON PLEAS n/k/a BETH A. KELLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 02-3126 Civil KIRBY R. PAUL, : CIVIL ACTION - LAW Defendant :CUSTODY STIPULATION FOR ANA GREED ORDER OF CUSTODY WHEREAS; the parties are the parents of the minor children, Alexandria W. Paul, born May 27, 1995, Sydney M. Paul, born March 17, 1997, and Jakob M. Paul, born November 25, 1998, and WHEREAS, the parties hereto desire to set forth herein their respective rights as to custody of the aforesaid minor children in a manner as to facilitate continued contact by both parents, and WHEREAS, the parties hereto have reached an agreement concerning the custodial rights of the parties with respect to the children and the parties desire to set forth the terms of such an agreement herein, and WHEREAS, each of the parties have had the full opportunity to seek the advice of counsel in regard to his or her respective rights, duties and obligations arising out of the parental status, NOW, THEREFORE, in consideration of the mutual covenants, promises and undertakings herein, as hereto set forth, and Mother and Father, each intending to be legally bound hereby, agree as follows: 1. The parties shall have joint legal custody of their minor children, Alexandria W. Paul (dob 5/27/95), Sydney M. Paul (dob 3/17/97), and Jakob M. Paul (dob 11/25/98), 'uJ hereinafter collectively referred to as "children", legal custody being defined as the legal right to make major decisions affecting the upbringing of the children, including but not limited to medical, religious and educational decisions. The parties agree to discuss and consult with one another on these decisions with a view to adopting a harmonious policy calculated to promoting the children's best interests. 2. Each party has a right to be kept informed of the children's educational and medical development and shall have a right of access to the children's educational and medical records. Each party shall be entitled to complete and full information concerning the children from each other and from any doctor, dentist, teacher or similar authority, and to have copies of any reports, notices or other communications given to either party as a parent. 3. Each party shall notify the other of any matter relating to the children, which could reasonably be expected to be of significant concern to the other party. 4. Defendant/Father shall have primary physical custody of the children. Plaintiff/Mother shall have partial physical custody of the children as follows: A. During the school year, alternating weekends from Friday after work until Sunday at 8:00 p.m. B. During the school year, every Monday from after work until 8:00 p.m. Mother shall provide the transportation. Mother shall provide twenty-four (24) hours notice to Father if she unable to exercise this period of custody, unless an emergency arises, in which case Mother shall provide notice as soon as possible. C. During the summer school vacation period, alternating weeks commencing on Sunday at 8:00 p.m. and ending the following Sunday at 8:00 p.m., with Mother's first week of custody beginning on the first Sunday after the last day of school. Father shall always have custody during the full week preceding the first day of school so that the children can prepare for their return to school. 6. It is acknowledged by the parties that all three children have participated in spring soccer in the past three (3) years, and continue to do so. It is further acknowledged that Sydney participates in cheerleading and Jakob participates in football. The parties agree that it is in the best interest of the children to continue with these activities. Father shall continue to provide mother with a schedule of all practices, games and award ceremonies associated with these activities, upon his receipt thereof. Each parent shall make a good faith effort to ensure that the children attend all practices, games and associated ceremonies during their periods of custody, and shall also make good faith efforts to schedule trips and activities at times when the children do not have practices, games and associated ceremonies. Neither parent shall sign up the children for new activities that fall on the other parent's period of custody without the consent of the other parent, which consent shall not be unreasonably withheld. Neither parent shall rely upon the subject minor child, Alexandria, as their sole source of daycare/babysitting during the summer vacation period. For the purposes of this paragraph, it is agreed between the parties that "good faith efforts" is defined as each party ensuring that the children attend all practices, games and associated ceremonies (hereafter referred to as "activities") during their periods of custody, so long as such attendance does not conflict with a family trip out-of-state or a specially scheduled family event (such as a concert, circus, show, or the like), and reasonable notice is provided to the other parent of said family trip or specially scheduled family event. 7. The parties shall share holidays as follows: HOLIDAY EVEN NUMBERED YEARS ODD NUMBERED YEARS Easter Father Mother Memorial Day Mother Father July 4t" Father Mother Labor Day Mother Father Thanksgiving Schedule A Father Mother Thanksgiving Schedule B Mother Father Christmas Schedule A Father Mother Christmas Schedule B Mother Father A. Easter runs from Good Friday at 5:30 p.m. until Easter Sunday at 8:00 p.m. B. Memorial Day and Labor Day shall run from 9:00 a.m. to 8:00 p.m. C. July 4th runs from July 3rd at 3:30 p.m. to July 5th 9:00 a.m. D. Thanksgiving Schedule A runs from Wednesday, Thanksgiving Eve at 5:30 p.m. until Friday at 12:00 p.m. (Noon), and from Sunday at 12:00 p.m. (Noon) until Monday at 8:00 P.M. E. Thanksgiving Schedule B runs from Friday at 12:00 p.m. (Noon) until Sunday at 12:00 p.m. (Noon). F. Christmas Schedule A runs from December 24th at 2:00 p.m. until December 25th at 2:00 p.m., and December 29th at 2:00 p.m. until New Year's Day at 8:00 p.m. G. Christmas Schedule B runs from December 25th at 2:00 p.m. until December 29th at 2:00 p.m. H. Mother's Day shall always be with Mother, and Father's Day shall always be f with Father. Mother's Day and Father's Day run from 9:00 a.m. until 8:00 p.m. 8. Monday holidays and school in-service days shall attach to the weekend, and shall end at 8:00 p.m. 9. Holidays take precedence over the other provisions of this Order. 10. Unless otherwise provided in this Order, the parties securing custody will provide the transportation, and all exchanges shall occur at the parties' residences. 11. Each party shall have reasonable telephone and mail access to the children when in the custody of the other parent. 12. Neither party shall impair the other party's right to custody or interfere with the other parent's custody when the children are with that parent. 13. Neither party shall disparage the other party in front of the children, attempt to alienate the affections of the children from the other party, or allow third parties to attempt to alienate the affections of the children from the other party. 14. The parties shall not involve the children in any of the disputes concerning the children, including, but not limited to, financial matters. 15. The parties shall refrain from encouraging the children to provide reports about the other party. Communication shall take place directly between the parties, without using the children as an intermediary. The parties shall communicate directly with each other for purposes of effectuating paragraph 5(C) of this Order. 16. Day-to-day decisions'shall be the responsibility of the parent having physical custody at that time. Additionally, the parent having physical custody of the children at the time of an emergency shall have the right to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other parent of the emergency and consult with him/her regarding the emergency as soon as is practicable. If either parent should be unreachable at their office or residence, then that party shall provide the other party with the necessary information to facilitate notification of an emergency. 17. During any period of custody or visitation, the parties to this Order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 18. The parties shall refrain from making derogatory comments about the other party in the presence of the children and, to the extent possible, shall prevent third parties from making such comments in the presence of the children. 19. This Stipulation shall be entered as an Order of the Court. Date: Date: Date: Date: JFK/bp Marc A. Scaringi Caringl Sharon E. Bond Melanie Walz Scaringi Firm Adminisnaror Virginia H. Henning* - Mary L. Snyder Frank C. Sluzis Law Clerk Debra R. Mehaffie Caringi Robert D. Turgyan Laurence C. Kress ** Attorneys and Counselors at Law Paralegal *Also admitted in MD A Professional Corporation Amanda L. Emerson **Also ldrrritted in AZ Pal':tleg:ll April 21, 2009 John F. King, Esquire 19 S. Hanover Street, Suite 103 Carlisle, PA 17013 Re: Beth A. Paul n/k/a. Beth A. Keller v. Kirby R. Paul No. 02-3126 (Cumberland County) - Custody Dear John: I am writing to respond to your letter of April 15, 2009. Now that your client is residing in Dauphin County, we will certainly not object to your request to transfer this matter to Dauphin County, so long as your client bears the costs, if any, of the transfer. With respect to your client's desire to pursue shared physical custody, please be advised that my client will continue to be liberal with granting Mother periods of custody. However, he does not agree that it is in the best interests of the children to rotate their living environment every week. The children have flourished in Father's primary custody and we believe that any change in their routine would not be in the children's best interests. While my client continues to recognize the value of Mother's involvement with the children, he simply cannot agree to Mother's proposal. Please ask your client to stop discussing this custody matter with the children. The children have expressed confusion due to Mother's promises. It is completely unfair to involve these children in this matter and the Order of Court forbids it. I trust that you will advise your client accordingly. Should your client choose to proceed with a Petition to Modify Custody, we will be fully prepared to defend Father maintaining primary custody at a hearing before the Court and we will be exposing Mother's lack of involvement over the'yeaes. Thank you for your time and attentionip this matter. r Ver truly yours .., ra R. chaff Cc: Kirby R. Paul 2000 Linglestown Road, Suite 106 - Harrisburg, PA 17110 ni,... f-717) /.r7.7770 . rte.. (717) rS7.77Q7 . , • s r._ r4 2009 APR 24 A-H : 57 ry`Jy • APR 27 20004 BETH A. PAUL, n/k/a BETH A. KELLER Plaintiff V. Petitioner KIRBY R. PAUL, Defendant -Respondent COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO: 02-3126 CIVIL ACTION - CUSTODY ORDER TO TRANSFER CUSTODYACTION AND NOW, this )Ift day of h?4 , 2009, upon Plaintiff/Petitioner's request to transfer this custody action, pursuant to PaRCP 1915.2(d), from Cumberland County Court of Common Pleas, to Dauphin County Court of Common Pleas, and Defendant concurring with said request, and there being no objection thereto, it is hereby ORDERED that said action is transferred and, it is further ORDERED that the Prothonotary of Cumberland County Court of Common Pleas immediately forward to the Dauphin County Court of Common Pleas certified copies of the docket entries, process, in the above captioned action. the and other papers filed J. r ?tv 'ZI WJ 6Z M HE ujx? -jpIe44? --tray : °?_( H