HomeMy WebLinkAbout94-01556
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Plaintiff
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I J N 'rilE COURT OF COMMON PLEAS
ClIMBERLAND COUNTY, PENNSYLVANIA
I NO. C/l/-- 155ft> (!~ Jl/Vr.A.
ORENDA K. SELL,
vs.
KIRK D, SELL,
CIVIL ACTION-CUSTODY
Defendant
ORDER OF COURT
AND NOW, upon consideration of the attached Petition, it
is hereby direc~d that, t;he lJarjties and their respective counsel
appear~e~ore 4"'....(- L. "C1c:5, Esquire, the Conciliator, on
the -.1d- diJY of IV. e.,...., , 1994, at ~ p o'clock
_m" in t:d~ nl. Jc?ti--Sl. U-"",nl'; Cumberland County, Pennsylvania,
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 accompiished, 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 the entry of a
Temporary or Permanent Order.
For the Court,
Datel~ -b-q (.{
~lA-k~~
ustody Conci ia or jr~~
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,
Court Administrator, Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
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t, ._~-'JHICE
Of litE PiWfiIOH:lTAhY
CUHDERLAIIO CI)UNlY
PENNSYI.VA~I~
'APR 6 3 17 fH '9~
BRENDA K. SELL,
Plaintiff
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO,
I
I CIVIL ACTION-LAW
I IN CUSTODY
vs,
KIRK D. SELL,
Defendant
COMPLAIN'r ~'OR CUS'('ODY
AND NOW comes BRENDA K, SELL, by and through her
attorney, JUDI'l'1l A, CALKIN, Esquire, and avers as followSI
1, 'l'he plaintiff is BRENDA K, SELL, an adult individual
who resides at 106 November Drive, Apt. 5, Camp Hill, Cumberland
County, pennsylvania.
2, The Defendant is KIRK D, SELL, an adult individual
who resides at 17 B. Glenwood Drive, Camp Hill, Cumberland County,
pennsyivania.
3. Plaintiff and Defendant are the natural parents of
KIRK W. SELL, born June 20, 1985 and JEREMY N. SELL, born February
7,1989.
4, plaintiff seeks partial custody for the purpose of
visitation of the minor children.
5. The children were
not born out of wedlock, The
children currently reside with Defendant at 17 B, Glenwood Drive,
Camp Hill, Cumberland County, Pennsylvania,
6, The children resided at the following addresses with
the following persons for the last five years:
1991-present
17 B, Glenwood Dr,
Camp Hill, PA
17 B, Glenwood Dr,
Camp lIill, PA
Defendant & his
girlfriend
plaintiff & Defendant
1986 to 1991
7. The mother of the children is plaintiff, BRENDA K,
SELL,
8. The father of the children is Defendant, KIRK D. SELL.
9. 'fhe mother currently resides with her parents.
10. The father currently resides with his girlfriend,
11, The plaintiff has no information of a custody
proceeding concerning the children pending in a Court of this
Commonwealth.
12. The Plaintiff does not know of a person not a party
to the proceedings who has physical custody of the children, or
claims to have custody or visitation rights with respect to the
children,
13. Each parent whose parental rights to the children has
not been terminated and the person who has physical custody of the
children have been named as parties to this action, There are no
other persons known to have or claim a right to custody or
visitation of the children and therefore, no further notice of the
pendency of this action and the right to intervene shall be given,
other than to the parties named herein,
14. The best interest and permanent welfare of the
children will be served by a liberal schedule of partial custody
for the purpose of visitation with the children granted to
Plaintiff.
WIIEREFORE, Plaintiff requests the Court to grant her
partial custody for the of visitation with her minor children,
Respectfully submitted I
~-A (/~~
th A, Calkin, Esquire
orney for Plaintiff
2201 North Second Street
Harrisburg, PA 17110
(717) 238-23121
AFFIDAVIT
I verify that the statements made in this Custody petition
are true and correct, I understand that false statements herein
are made subject to the penalties of 18 pa,C,S,Section 4904,
relating to unsworn
falsification to authorities.
Date:
~ /-(. .-iLL
Brenda K, Sell
Sworn and Subscribed
before me this ).f day
of mM"~ 1994,
~Jtvo~~
Notary Public
-.----
MOl ARIH SIAl
ELLEN ROSENBLOOM, t10tary Public
Harrisburg, Oauphln County
My CommIssion E~p!ros May 8. 1995
Kirk D. Sell
17 B, Glenwood Drive
Camp Hill, PA 1
CERTIFICATE OF SERVICE
I, Judith A, Calkin, Esquire, do hereby certify that a
true and correct copy of the Custody Petition was mailed postage
prepaid, certified-restricted delivery to the following person:
Date:
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BRENDA K. SELL,
plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 94-1556 CIVIL TERM
CUSTODY
vs.
KIRK D, SELL,
Defendant
ORDER
AND NOW, this
\1 tl, day of
, 1994, upon receipt of the
Ifl4 7 1
Conciliator's Report, it appearing that the parties agree to the terms and provisions
of this Order which was dictated in their presence and approved by them and their
counsel, we hereby order as follows:
1, Legal custody of the minor children, Kirk W, Sell, born June 20, 1985, and
Jeremy N, Sell, born February 7, 1989, shall be shared by their parents, the plaintiff,
Brenda K. Sell and the Defendant, Kirk D, Sell,
2, The Father shall have primary physical custody of the minor children subject
to the following periods of temporary or partial custody with Mother:
A. Alternating weekends, commencing on Friday, May 13, 1994, from
Friday at 6:00 p.m. until Sunday at 7:00 p.m,
B. Four weeks each summer, with no more than two weeks being
consecutive, upon thirty (30) days written notice to Father in advance.
During the time that Mother has the children during the summer periods, she
shall not utilize Ray Wingard or David Wingard to provide child care for the
children and the children shall not be alone in the presence of either of
those gentlemen,
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C, The following holidays from 9:00 a,m. until 7:00 p.m,: New Years
Day, Presidents Day, Easter, Memorial Day, July 4th, Labor Day, and
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Thanksgiving. The Mother's holiday periods shall commence with He.orial Day
of 1994. In the event that the Hother's holiday falls adjacent to one of her
scheduled weekends, the weekend will extend overnight into tho holiday. The
holidays hereunder shall prevail over the other provisions of this Order.
3, The children shall be with the Mother on Mother's Day every year from 9:00
a.m, until 7:00 p.m, and with the Father on Father's Day every year from 9:00 a.m.
until 7:00 p,m. The provisions of this paragraph shall prevail over the other
provisions of this Order,
4, On the childrens' birthdays each year, the parent not scheduled to have
custody of the children on that day shall have at least three hours with both of the
children, The parties shall agree upon the specific time and details of such temporary
custody.
5. The parties shall share physical custody of the children over the Christmas
holiday every year as follows:
A. In even numbered years, commencing in 1994, Hother shall have both
children from noon on the 24th of December until noon on the 25th of December
and the Father shall have the children from noon on the 25th of December
until 7:00 p,m. on the 26th of December.
8, In odd numbered years, commencing in 1995, Father shall have both
children from noon on the 24th of December until noon on the 25th of December
and the Mother shall have the children from noon on the 25th of December
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until 7:00 p.m, on the 26th of December.
C. The provisions of this paragraph shall prevail over the
provisions of this Order.
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6. Hother shall be responsible to provide transportation at the beginning and end
of each of her periods of temporary custody, When she comes to the Pather's home to
pick up the children, she shall not enter his house or yard, and the Pather shall be
responsible to escort the children to her car,
7, Neither of the parties will smoke in the presence of the children in an
automobile, a room, or any other confined space, The Hother shall not allow the
children in the presence of David Wingard. The Hother shall not allow the children to
attend meetings of Alcoholics Anonymous, although she shall be free to have them
accompany her to any social functions organized or sponsored by such group,
By the Court.
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Judith A, Calkin, Esquire
Attorney for Plaintiff
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Patrick P. Lauer, Jr" Esquire
Attorney for Defendant
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BRBNDA K. SBLL, ) IN THB COURT OF COMMON
Plaintiff ) PLBAS OF CUMBBRLAND
) COUNTY, PENNSYLVANIA
vs, )
) NO. 94-1556 CIVIL TBRM
KIRK D. SBLL, )
Defendant ) CUSTODY
JUDGB PRBVIOUSLY ASSIGNED: None
CONCILIATOR CONPBRBNCB 8UHHARY REPORT
IN ACCORDANCB WITH CUMBBRLAND COUNTY RULB OF CIVIL PROCBDURB 19l5,3-8(b), 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:
NAMB
Kirk W, 8ell
Jeremy N. Sell
BIRTHDATB
CURRBNTLY IN
CUSTODY OF
20 June 1985
./ February 1989
Defendant/Father
Defendant/Father
2. A Conciliation Conference was held on 3 May 1994 and the following individuals
were present: the Plaintiff and her attorney, Judith A. Calkin, Bsquire; the Defendant
and his attorney, Patrick F. Lauer, Jr" Bsquire.
3. The father has had primary custody of the children for approximately two years
while the mother was recovering from an alcohol abuse and addiction problem. There are
some bizarre facts in the background of the case, involving the mother's criminal
prosecution for alcohol related crimes. It was not necessary to get into those facts
'at the conference, because the parties were able to reach agreement whereby the father
retains primary physical custody and the mother has more generous time with the
,
children,
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4. The attached Order was dictated in the presence of the parties and approved by
them and their counsel. With the entry of this Order no further action is necessary at
this time,
10 Hay 1994
~~Qr,
Samue L. An es
y Conciliator
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'BRENDA K. SELL,
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 94-1556 CIVIL TERM
CUSTODY
vs.
I;
': KIRK D. SELL,
Defendant
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ORDER
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AND NOW, this
day of
, 1994, upon receipt of the
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iiconciliator's Report, it appearing that the parties agree to the terms and provisions
,
"of this Order which was dictated in their presence and approved by them and their
counsel, we hereby order as follows:
1. Legal custody of the minor children, Kirk W, Sell, born June 20, 1985, and
!'Jeremy N. Sell, born February 7, 1989, shall be shared by their parents, the Plaintiff,
.:Brenda K. Sell and the Defendant, Kirk D. Sell.
'j
2. The Father shall have primary physical custody of the minor children subject
to the following periods of temporary or partial custody with Mother:
A, Alternating weekends, commencing on Friday, May 13, 1994, from
Friday at 6:00 p,m. until Sunday at 7:00 p.m,
B. Four weeks each summer, with no more than two weeks being
consecutive, upon thirty (30) days written notice to Father in advance,
During the time that Mother has the children during the summer periods, she
shall not utilize Ray Wingard or David Wingard to provide child care for the
children and the children shall not be alone in the presence of either of
those gentlemen,
C. The following holidays from 9:00 a,m, until 7:00 p.m.: New Years
Day, Presidents Day, Easter, Memorial Day, July 4th, Labor Day, and
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Thanksgiving, The Hother's holiday periods shall commence with Hemorial Day
of 1994. In the event that the Hother's holiday falls adjacent to one of her
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scheduled weekends, the weekend will extend overnight into the holiday. The
holidays hereunder shall prevail over the other provisions of this Order.
3. The children shall be with the Hother on Hother's Day every year from 9:00
until 7:00 p.m. and with the Father on Father's Day every year from 9:00 a.m,
<until 7:00 p.m, The provisions of this paragraph shall prevail over the other
"
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,
:: provisions of this Order,
4. On the childrens' birthdays each year, the parent not scheduled to have
custody of the children on that day shall have at least three hours with both of the
I children. The parties shall agree upon the specific time and details of such temporary
; i custody.
5,
The parties shall share physical custody of the children over the Christmas
every year as follows:
A. In even numbered years, commencing in 1994, Hother shall have both
children from noon on the 24th of December until noon on the 25th of December
and the Father shall have the children from noon on the 25th of December
until 7:00 p,m, on the 26th of December,
B. In odd numbered years, commencing in 1995, Father shall have both
children from noon on the 24th of December until noon on the 25th of December
and the Hother shall have the children from noon on the 25th of December
until 7:00 p.m. on the 26th of December.
C. The provisions of this paragraph shall prevail over the
provisions of this Order.
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6. Mother shall be responsible to provide transportation at the beginning and end
,of each of her periods of temporary custody. When she comes to the Father's home to
,pick up the children, she shall not enter his house or yard, and the Father shall be
responsible to escort the children to her car.
7. Neither of the parties will smoke in the presence of the children in an
.[
iautomobile, a room, or any other confined space. The Mother shall not allow the
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: children in the presence of David Wingard, The Mother shall not allow the children to
iattend meetings of Alcoholics Anonymous, although she shall be free to have them
,accompany her to any social functions organized or sponsored by such group.
By the Court,
01
J,
: Judith A. Calkin, Esquire
. Attorney for plaintiff
: Patrick F. Lauer, Jr., Esquire
Attorney for Defendant
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IN THB COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PBNNSYLVANIA
CIVIL ACTION - LAW
BRENDA K. SBLL,
Plaintiff/Respondent
KIRK D. SBLL,
Defendant/Petitioner
NO. 94-1556 CIVIL TBRM
ORDBR OF COURT
AND NOW, this l 'i tt, day of September, 1994, upon consideration
of Defendant's Petition To Modify Order of Custody and his Petition
for Immediate, Temporary, Bx Parte Relief, a hearing on the latter
petition is SCHEDULED for Monday, October 31, 1994, at 9:00 a.m.,
in Courtroom No.5, Cumberland County Courthouse, Carlisle,
Pennsylvania, and the Petition To Modify will be referred to the
Custody Conciliator by separate Order of Court.
BY THE COURT,
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J.
Judith A. Calkin, Esq.
/'2201 North Second Street
4 ~ Harrisburg, PA 17110
. . ~ ~ Attorney for Plaintiff/Respondent
, ~~ Patrick F. Lauer, Jr., Esq.
i:!. f 2108 Market Street, Aztec Building
'- Camp Bill, PA 17011
Attorney for Defendant/Petitioner
Court Administrator (Iif-;; To 1'1 ,(7,.1~ . '!/tvl'!.&...
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BRENDA K. SELL, . IN THE COURT OF COMMON PLEAS OF
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Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
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vs. . No. 94-1556 CIVIL TERM
.
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KIRK D. SELL, . ACTION IN LAW
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Defendant . IN CUSTODY
.
ORDER AND NOTICE
A Petition has been filed in the Court of Common Pleas of
Cumberland County concerning custody, partial custody and
visitation of the following children: Kirk W. and Jeremy N. Sell.
The Court has learned you may have a legal interest in
custody, partial custody, and visitation of the children named.
The hearing will be held in Courtroom of the Court
of Common Pleas, , on
_, at o'clock. If you wish to have custody, partial
custody, or visitation of the children or wish to present
evidence to the Court on those matters, you should appear at the
place and time on the date above.
If you have the children in your possession or control, you
muet appear and bring them to the Courthouse with you.
If you wish to claim the right of custody, partial custody
or visitation, you may file a counterclaim.
If you fail to appear as provided by this order or to bring
the children, an order for custody, partial custody, or
visitation may be entered against you or the Court may iesue a
warrant for your arrest.
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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 Legal Services
7 North Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-9400
BY THE COURT:
J.
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BRENDA K. SELL, I IN THE COURT OF COMMON PLEAS OF
plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
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vs. I No. 94-1556 CIVIL TERM
.
.
KIRK D. SELL, . ACTION IN LAW
.
Defendant I IN CUSTODY
TEMPORARY ORDER
AND NOW, this
day of
1994, a Bearing
on the Defendant's Petition to Modify Order of Custody in the
day of
II above captioned matter is hereby SCHEDULED for the
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1994, at
o'clock a.m./p.m. in Courtroom
number
of the Cumberland County Courthouse in Carlisle,
pennsylvania.
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Furthermore, it is hereby DECREED that the Custody Order of
May 13, 1994 is suspended with regard to temporary or partial
custody with the Respondent, pending the outcome of a Hearing on
the Defendant's Petition to Modify Order of Custody.
BY THE COURT:
J.
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BRENDA R. SELL, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. . No. 94-1556 CIVIL TERM
.
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RIRR D. SELL, . ACTION IN LAW
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Defendant . IN CUSTODY
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i JUDGE PREVIOUSLY ASSIGNED: Judge J. Wesley Oler
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"I Jr., Esquire, files this Emergency Petition to temporarily modify
II this Court's Order of Custody ex parte and, in support thereof,
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i i avers as follows:
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II captioned matter and an adult individual who currently resides at
Ii 711 Middle Lane, Camp Hill, Cumberland County, Pennsylvania.
Ii 2. Respondent is Brenda K. Sell, Plaintiff in the above-
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II captioned matter and an adult individual who currently resides at
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Ii 421 Bella Vista Drive, Summerdale, Cumberland County, Pennsylvania.
II 3. The parties hereto are the parents of the following minor
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il children, who currently reside with the Petitioner at 711 Middle
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I. Lane, Camp Hill, Cumberland County, Pennsylvania: Kirk W. Sell
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! (born June 20, 1985) and Jeremy N. Sell (born February 7, 1989).
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PETITION FOR IMMEDIATE. TEMPORARY. EX PARTE RELIEF
The Defendant, by and through his attorney, Patrick F. Lauer,
1.
Petitioner is Kirk D. Sell, Defendant in the above-
4.
On May 13, 1994, this Court entered an Order granting
:! physical custody of the partiee' children to Petitioner with
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:i visitation to Respondent, while continuing shared legal custody to
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i I both parties. A true and correct copy of this Order is attached at
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i Exhibit "A" and is incorporated herein.
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5. Prior to entry of the Court's Order of Hay 13, 1994, both
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6.
Since the entry of the Court's Order, a substantial and
material change in circumstances has occurred, giving rise to the
filing of the instant Petition for Immediate, Temporary, Bx Parte
Relief:
a. Respondent has violated paragraph 7 of this court's
I Order of May 13, 1994 by continuing to smoke in unventilated areas
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in the presence of the children.
Respondent also continues to make
a practice of smoking in bed~
b.
Respondent has further violated paragraph 7 of the
Order by permitting the continued, and occasionally unsupervised,
presence of David Wingard around the children.
The parties have
agreed that Hr.
Wingard's mere presence
around the children
il constitute:. a :::;::d::t t::~:i::::::;~ picks children up and drops
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!i them off early or late, without notice, in violation of the Custody
!! Order. The departures range from thirty minutes to five hours from
:, the schedule in the Order. On at least one occasion, Respondent
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1/ ascertaining whether Petitioner or his wife were at home~
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!i suicide in the presence of the children~
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d.
Respondent has graphically and repeatedly threatened
e.
On one occasion, Respondent returned custody of Kirk
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As
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Those
nightmares had ceased, ae had the counselling, by April 13, 1993;
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6,
after
the
Respondent
On
September
1994,
threatened, in front of the children, to commit suicide with a gun,
the nightmares returned;
g.
Various actions of the Respondent, too numerous to
and/or
delineate
demonetrate Respondent's unwillingness
here,
inability to abide by this Court's Order or to provide a proper,
stable, nurturing home environment.
The most egregious instances
of such conduct occurring subsequent to the Order are set forth in
this
Relief.
Petition
Immediate,
for
Ex
Parte
Temporary,
Additional allegations of improper conduct on the part of the
i Respondent are detailed in the accompanying Petition to Modify
I.
i I Custody Order.
'I 7. Respondent's actions in violating the Custody Order,
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Ii leaving the children unsupervised, and threatening to commit
I,' suicide in their presence constitute an imminent danger to the
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welfare of the children and justify the impoeition of emergency, ex
!!
! i parte relief.
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I' 8. The best interests and permanent welfare of the children
" .
!I will be served by a temporary modification of the Court's Order
.I
I! which places sole physical custody of the children in their father.
,I
Ii 9. Although the Petitioner intends to request that this
Ii
tl Court modify its Order by awarding sole legal custody to the
., Petitioner as well, such a modification need not be performed on an
I
emergency basis.
I
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,
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i temporarily suspended ex parte pending a Hearing on the Defendant's
I
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WBBRBFORB, Petitioner respectfully requests I
A.
That
the
visitation
rights
of
Respondent
be
Petition to Modify Order of CustodYI shared legal custody to remain
undisturbed.
B. That the Court schedule a Hearing on the Defendant's
Petition to Modify Order of Custody at the earliest practical
convenience.
C. In the alternative to the relief requested in
paragraph itA, It the Petitioner would respectfully request that this
Court enter a Rule upon the Respondent to Show Cause why such
rights should not be temporarily terminated, returnable within five
days of service or a similarly brief but reasonable length of time
as the Court may determine.
Respectfully submitted,
Date:
squire
ec Building
a 17011
) 763-1800
," '.
. ,
BRENDA K. SELL, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs. . No. 94-1556 CIVIL TERM
.
.
.
KIRK D. SELL, . ACTION IN LAW
.
Defendant . IN CUSTODY
,
VERIFICATION
I, Kirk D. Sell, state that I am the Petitioner in the above-
captioned case and that the facts set forth in the above
Petition are true and correct to the best of my knowledge,
information, and belief. I realize that false statements herein
are subject to the penalties for unsworn falsification to
authorities under 18 Pa. C.S. S 4940.
I~'~/ - ,.&,;::
Date:
I
I
I
I
II .
I
I
BRENDA K. SELL,
Plaintiff
vs.
KIRK D. SELL,
I Defendant
L
'! '.
.
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I No. 94-1556 CIVIL TERM
I
I ACTION IN LAW
I IN CUSTODY
I'
I
1"1
foregoing Petition upon the person, and in the manner, indicated
II below, which service satisfies the requirements of the
! Pennsylvania Rules of Civil Procedure, by depositing a copy of the
I same with the united States Post Office at Camp Hill,
II Pennsylvania, through first class mail, prepaid and addressed ae
:j
1: follows I
II Judith A. Calkin, Esq.
!I Attorney for Respondent
II 2201 North Second Street
I Harrisburg, PA 17110 .
I'
II
I'
I
I
II Date:
"
!
I
I
!I
"
CBRTIFICATE OF SBRVICB
I hereby certify that I am this day serving a copy of the
,
Pat ick . Esquire
2108 Market Street, Aztec Building
Camp Hill, pennsy] ania 17011
ID# 46430 Telephone (717) 763-1800
EXHIBIT A
. 'f'
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,
, )
"BRENDA K. SELL, IN THE COURT OF COMMON
, Plaintiff ) PLEAS OF CUMBERLAND
" l COUN'fV, P~NNIlYLVANIA
I.
I vs. )
l NO. 94-1556 CIVIL TERM
I KIRK D. SELL, l
I Defendant ) CUSTODY
Ii
:1 ~
II AND NOW, this day of , 1994, upon receipt of the
ilconciliator's Report, it appearing that the parties agree to the terms and provisions
'10f this Order which was dictated in their presence and approved by them and their
I,
"counsel, we hereby order as follows:
II 1. Legal custody of the minor children, Kirk W, Sell, born June 20, 1985, and
.,
,
I! Jeremy N. Sell, born February 7, 1989, shall be shared by their parents, the Plaintiff,
I:
jiBrenda K. Sell and the Defendant, Kirk D. Sell.
,i 2. The Father shall have primary physical custody of the minor children subject
11 ,
i~to the following periods of temporary or partial custody with Mother:
"
!: A. Alternating weekends, commencing on Friday, Hay 13, 1994, from
'I
"
Friday at 6:00 p,m. until Sunday at 7:00 p.m.
,
I
B. Four weeks each summer, with no more than two weeks being
consecutive, upon thirty (30) days written notice to Father in advance,
During the time that Hother has the children during the summer periods, she
shall not utilize Ray Wingard or David Wingard to provide child care for the
children and the children shall not be alone in the presence of either of
" those gentlemen.
,
,
"
C. The fOllowing holidays from 9:00 a.m. until 7:00 p.m.: New Years
ji
'!
II
Day, Presidents Day, Easter, Hemorial Day, JUly 4th, Labor Day, and
1
"1
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,
if.
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,; Thanksgiving, The Mother's holiday periods shall commence with Memorial Day
:
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la.m. until 7:00 p.m. and with the Father on Father's Day every year from 9:00 a,m.
i
i until 7:00 p.m.
,I
i!provisions of this. Order.
I! 4. On the childrens' birthdays each year, the parent not scheduled to have
I ~
I.; custody of the children on that day shall have at least three hours with both of the
,;children. The parties shall agree upon the specific time and details of such temporary
il custody.
\ ~.
,holiday every year as follows:
I
I
In the event that the Mother's holiday falls adjacent to one of her
of 1994.
scheduled weekends, the weekend will extend overnight into the holiday.
The
holidays hereunder shall prevail over the other provisions of this Order.
3,
The children shall be with the Mother on Mother's Day every year from 9:00
The provisions of this paragraph shall prevail over the other
The parties shall share physical custody of the children over the Christmas
,
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,
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:
A.
In even numbered years, cOl1U11encing in 1994, Mother shall have both
children from noon on the 24th of December until noon on the 2~th of December
and the Father shall have the children from noon on the 2~th of December
until 7:00 p.m, on the 26th of December.
!
,.
B. In odd numbered years, commencing in 199~, Father shall have both
children from noon on the 24th of December until noon on the 2~th of December
';
.,
II
,
I
,
II
and the Mother shall have the children from noon on the 2~th of December
until 7:00 p.m. on the 26th of December.
II
"
C, The provisions of this paragraph shall prevail over the
provisions of this Order,
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6. Mother shall be rellponsible to provide transportation at the beginning and end
of each of her periods of temporary custody, When she comes to the Father's hOUle to
pick up the children, she shall not enter his house or yard, and the Father sball be
responsible to escort the children to he)." car.
......~.
I:
,. 7. Neither of the parties vill smoke in the presence of the child rOil ill all
: automobile, a rOOIn, or any other contined space. The Mother shall not allov the
1. children in the presence of David Wingard. The Mother shall not allov the cbildren to
,
; attend meetings of Alcoholics Anonymous, although she shall be free to have them
..accompany her to any social functions organized or sponsored by sucb group.
By the Court,
..
,.
I~ I ~ ,tAl 1'....D,~. fttt.v . ~~,
J.
I
. Judith A. Calkin, Esquire
'Attorney for Plaintitf
~trick F. Lauer, Jr., Esquire
Attorney for Defendant
TI~UE COpy FROM I:ECORD
In 1..., ill'.i1'l,,:,":f,f. II,:/: ~:'Ir. ~"I f/q hand
~nd Ih~ ~~iilllf ~..;J (oull~r (Jr:i ii.", I'...
Thi~ ....D~, dJy' "T.J:n.~....., 19...?,!(-
...II...............,..~.J~ c-. ~ ~__
....~................,....(--.............
,,::) .~.[O!hOflul..ry
,......
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sla
.... . " .
,
PATRICK F. L.AUER, JR
Alloroc~. al La..
~ 1CJH \"U"~l Slft',",t
AltC'~. lIUlld1nl~
<.'amI11111l. 1',\ 171111
(711, 7f, 1.11'it)1)
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SEP 1 3 199.
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* Brf'nJ.. I( 51."'11 : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUHBERLAND COUNTY, PENNSYLVANIA
.
.
V : CIVIL ACTION - LAW
.
* ;NO. qQ-\65v CIVIL 19
'L'r\<. 0. St'll Defendant : CUSroDY IVISI-TATION
'.
ORDER OF COUR1'
AND NOW, this ~l~t~)l LI. ,'i~tl , upon consideration of the
attached complaint, it is hereby directed that the parties ~nd
their re:::p~ctive counsel appear be:fore <s ~,."'cv.1 L ;q",(I,....;. Ir~ , ,
the conc~l~ator, at ,,-()~ "I \t}/" Sf I ,.",oync'
on the I ~tn day of (J ~IOb{.'r , 19 Cjl( , at '-/ f?(Y)
M., for a Prehearing Custody Conference. At such conference,
an effort will be made to resolve the issues in dispute; or i:f
this cannot be accomplished, to de:fine and narrow the issues to be
heard 'by the court, and to enter into a temporary order. Either
party may bring the child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatory. Failure to appear at the conference may provide
grounds for entry of a temporary or pexmanent order.
FOR THE COURT:
By: 4<\m~Ll. f+~ f&",
Custody concil~~or (q7,o;
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO ro OR TELEPHONE THE OFFICE
SET FORTH BELOW ro FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRAroR
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717)240-6200
t;~ .::... .
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SEP /5 1112 4H '9~
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4
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BRENDA K. SELL,
Plaintiff/Respondent
KIRK D. SELL,
Defendant/Petitioner
NO. 94-1556 CIVIL TERM
ORDER OF COURT
AND NOW, this l 'i t4 day of September, 1994, upon consideration
of Defendant's Petition To Modify Order of Custody and his Petition
for Immediate, Temporary, Ex Parte Relief, a hearing on the latter
petition is SCHEDULED for Monday, October 31, 1994, at 9:00 a.m.,
in Courtroom No.5, Cumberland County Courthouse, Carlisle,
Pennsylvania, and the Petition To Modify will be referred to the
Custody Conciliator by separate Order of Court.
BY THE COURT,
vU
J..
Judith A. Calkin, Esq.
2201 North Second Street
Harrisburg, PA 17110
Attorney for Plaintiff/Respondent
Patrick F. Lauer, Jr., Esq.
2108 Market Street, Aztec Building
Camp Hill, PA 17011
Attorney for Defendant/Petitioner
~rt Administrator
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Ii
II
I BRBNDA K. SELL,
I Plaintiff
I
I KIRK D. SELL,
I, Defendant
'I
II
II A Petition has been filed in the Court of Common Pleas of
Cumberland County concerning custody, partial custody and
i visitation of the fOllowing children: Kirk W. and Jeremy N. Sell.
" The Court has learned you may have a legal interest in
I custody, partial custody, and visitation of the children named.
I The hearing will be held in Courtroom of the Court of
Common Pleas, , on ,
I at o'clock. If you wish to have custody, partial
I custody, or visitation of the children or wish to present evidence
to the Court on those matters, you should appear at the place and
time on the date above.
.
~
~
...
:
:
:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-1556
CIVIL TERM
vs.
.
.
:
:
I
ACTION IN LAW
IN CUSTODY
ORDER AND NOTICE
:11 If you have the children in your possession or control, you
I must appear and bring them to the Courthouse with you.
"
,
" If you wish to claim the right of custody, partial custody or
:: visitation, you may file a counterclaim.
.!
Ii If you fail to appear as provided by this order or to bring
I the children, an order for custody, partial custody, or visitation
may be entered against you or the Court may issue a warrant for
I your arrest.
I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
I DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
I THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
'I HELP.
I
I
I
i
I
'I
II
'I
I,
11
II
,
II
ji
Ii
Cumberland County Legal Services
7 North Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-9400
BY THE COURT:
J.
. ~
,i.
"
I
I
II
I BRENDA K. SELL,
Plaintiff
:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
:
: No. 94-1556 CIVIL TERM
.
.
I KIRK D. SELL,
Defendant
: ACTION IN LAW
: IN CUSTODY
ORDBR OF COURT
AND NOW, this
day of
1994, the Custody
Order of May 13, 1994 in the above-captioned matter is hereby
MODIFIED as follows:
I
i vacated in its entirety;
II
11 minor children, Kirk W. Sell and Jeremy N. Sell, will be best
il served by an award of sole physical custody to the Petitioner;
II
,
I
,
j
i Sell and Jeremy N. Sell, is hereby placed in the Petitioner, Kirk
"
I
,I D. Sell; and
i
I,
'I
I.
i, Sell and Jeremy N. Sell, is hereby placed in the Petitioner, Kirk
I'
:i D. Sell.
I,
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il
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il
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d
:1
'I
H
I.
a.
The Custody Order of May 13, 1994 of this Court is
b.
The best interests and permanent welfare of the
c.
Sole physical custody of the minor children, Kirk W.
d.
Sole legal custody of the minor children, Kirk W.
BY THE COURT:
J.
.
.
\
;.
.
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-1556 CIVIL TERM
I BRENDA K. SELL,
Plaintiff
KIRK D. SELL, ACTION IN LAW
Defendant IN CUSTODY
JUDGE PREVIOUSLY ASSIGNED: Judge J. Wesley Oler
PETITION TO MODIFY ORDBR OF CUSTODY
The Defendant, by and through his attorney, Patrick F. Lauer,
Jr., Esquire, files this Petition to Modify Order of Custody
against the Plaintiff and, in support thereof, avers as follows:
1.
Petitioner is Kirk D. Sell, Defendant in the above-
"
i captioned matter and an adult individual who currently resides at
,
I 711 Middle Lane, Camp Hill, Cumberland County, Pennsylvania.
j'
II
;1
I captioned matter and an adult individual who currently resides at
I
11421 Bella vista Drive, Summerdale, Cumberland County, Pennsylvania.
I
I 3. The parties hereto are the parents of the following minor
I
!Ichildren, who currently reside with the Petitioner at 711 Middle
!ILane, Camp Bill, Cumberland County, Pennsylvania: Kirk W. Sell
il (born June 20, 1985) and Jeremy N. Sell (born February 7, 1989).
I'
;1 4.
:1 physical custody of the parties' children to Petitioner with
i!
I! visitation to Respondent, while continuing shared legal custody to
'I
: i both parties. A true and correct copy of this Order is attached at
:!
II Exhibit "A" and is incorporated herein.
il
,I
2.
Respondent is Brenda K. Sell, Plaintiff in the above-
On May 13, 1994, this Court entered an Order granting
.-
I
II . . J..
II
I
5. Prior to entry of the Court's Order of Hay 13, 1994, both
children had resided continually with Petitioner.
6. Since the entry of the Court's Order, a substantial and
material change in circumstancee has occurred, giving rise to the
filing of the instant Petition to Modify Custody Order:
a. Respondent has violated paragraph 7 of this Court's
Order of Hay 13, 1994 by continuing to smoke in unventilated areas
Respondent also continues to make
! in the presence of the children.
II
II
I
,
a practice of smoking in bed;
b.
Respondent has further violated paragraph 7 of the
Order by permitting the continued, and occasionally unsupervised,
The parties have
: presence of David Wingard around the children.
I
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II
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II
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!;
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II
I.
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II attempt to walk a dog nearly twice his weight.
!:
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d
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agreed that Hr.
Wingard's mere presence
around the children
constitutes a danger to their welfare;
c.
Respondent consistently picks children up and drops
them off early or late, without notice, in violation of the Custody
Order.
The departures range from thirty minutes to five hours from
the schedule in the Order.
On at least one occasion, Respondent
simply
dropped
children
five
early
without
off
the
hours
ascertaining whether Petitioner or his wife were at home;
d.
Respondent permitted youngest child, Jeremy,
The child was
dragged a considerable distance, causing brushburns and scars on
his cheet and abdomen, and thereby evidencing Reepondent's lack of
judgment and lack of fitness to responsibly accept shared custody;
Ii
,
!
to
~
I
,
e. Respondent repeatedly uses foul language in the
children's presence, both in general and in describing the
children's natural father and his present wife, causing damage to
the children's general welfare and to their relationship with their
natural father; and thereby evidencing Respondent's unfitness to
share custody of the children;
f.
Respondent is either unwilling or unable to provide
I'
I suitable quarters for the children.
,
I.
q
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II
II
II
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During their visitations, the
boys have been forced to sleep in a basement that is only partially
furnished. Numerous spiders and other insects live in the rafters;
g.
On several occasions, Respondent has returned the
children in a state of partial undress, including at least two
occasions when the children were returned without underwear;
h.
Respondent has graphically and repeatedly threatened
suicide in the presence of the children;
L
On at least one occasion, mother returned Kirk and
expressed the hope that he have "those good dreams again."
As a
result of actions of the Respondent involving a butcher knife prior
to the entry of the Order of May
1994,
Kirk underwent
13,
counselling for recurrent nightmares. Those nightmares had ceased,
as had the counselling, by April 13, 1993; and
j.
the
Respondent
September
6,
1994,
after
On
threatened to commit suicide with a gun the nightmares returned.
I'
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II
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7.
Prior to the entry of the Cuetody Order, Conciliator
Samuel L. Andes, Eeq. made the following findings:
I
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II
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1'1
Conciliator Conference Summary Report, para. 3, a true and correct
Ii
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"
ii
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II
'I
II
II
II
11
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I,
'I
,
The father has had primary custody of the children
for approximately two years while the mother was
recovering from an alcohol abuse and addiction problem.
There are some bizarre facts in the background of the
case, involving the mother's criminal prosecution for
alcohol related crimes. It was not necessary to get into
those facts at the conference, because the parties were
able to reach agreement whereby the father retains
primary physical custody and the mother has more generous
time with the children.
copy of which is attached hereto as Exhibit "B."
8.
Unfortunately, due to the actions of the Respondent, the
parties have been unable to preserve their agreement, and the
"bizarre" history of the case has continued into the present.
9.
Petitioner would proffer evidence at a Hearing on this
matter regarding the pre-Order incidents involving:
a.
Respondent's
children,
traumatizing
of
the
particularly Kirk, by breaking into the Petitioner's home and
attacking him and his family with a butcher knife;
b.
Respondent's
traumatizing
of
the
children,
particularly Kirk, by sitting in a car on the corner when he went
to school and by telling him that she was going to pick him up some
day.
See Exhibit "C" attached and incorporated by reference; and
c. Respondent's repeated use of her automobile to
damage the property of the Petitioner, namely cars and carport,
i which property forms an integral part of the children's livee~
~ j
.
II
II
II
II
II
II
I will be servsd by a modification of the Court's Order, as follows:
I
I
I
I
I
(," ,,~_..,. -~ - ;;:>~1;n~
~
A
10.
The best interests and permanent welfare of the children
a.
Sole physical custody of the children be placed in
their father, the Petitioner; and
b.
Sole legal custody of the children be placed in
their father, the Petitioner.
WHEREFORE, Defendant respectfully requests that this Honorable
a.
That the Order of May 13, 1994 be vacated in its
I Court modify its Order as follows:
i
I
I
i
i
I
;
entirety;
b.
That the Court enter a Finding of Fact that the best
interests and permanent welfare of the minor children, Kirk W. Sell
and Jeremy N. Sell, will be best served by an award of sole
physical custody to the Petitioner;
c.
That the Court award sole physical custody of the
I
I minor children, Kirk W. Sell and Jeremy N. Sell, to the Petitioner,
II Kirk D. Sell; and
I
I
I children, Kirk W. Sell and Jeremy N. Sell, to the Petitioner, Kirk
I D. Sell.
I
,
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II
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il Date:
!I
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II
d.
That the Court award sole legal custody of the minor
Respectfully submitted,
~~~~
~/ rz r'
Patrick F. Jr. Esquire
2108 Market Street, ztec Building
Camp Hill, Pennsylv ia 17011
rD' 46430 Tel. (717) 763-1800
L
~.
BRENDA K. SELL,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
VB.
: No. 94-1556 CIVIL TERM
II
I
I
I
.
.
KIRK D. SELL,
Defendant
: ACTION IN LAW
: IN CUSTODY
VERIFICATION
I, Kirk D. Sell, state that I am the Petitioner in the above-
captioned case and that the facts set forth in the above
Petition are true and correct to the best of my knowledge,
information, and belief. I realize that false statements herein
are subject to the penalties for unsworn falsification to
authorities under 18 Pa. C.s. S 4940.
I
I Date:
I
II
7t / h~
I l'''v1 --~ ,,~ --
t."'......""".,-..,.- "":.".-~~"
il
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i
I
I
I
I BRENDA K. SELL,
I Plaintiff
I
I
I KIRK D. SELL,
Defendant
I
I
II
I
,
I
I
I foregoing Petition upon the person, and in the manner, indicated
'I below, which service satisfies the requirements of the
'I Pennsylvania Rules of Civil Procedure, by depositing a copy of the
II same with the United States Post Office at Camp Hill,
!, Pennsylvania, through first class mail, prepaid and addressed as
iI
j! follows:
II Judith A. Calkin, Esq.
II Attorney for Respondent
"I 2201 North Second Street
I Harrisburg, PA 17110
II
I
I
I
I
I
I, Date:
I
,
:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
:
:
No. 94-1556
CIVIL TERM
.
.
.
.
ACTION IN LAW
IN CUSTODY
.
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CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the
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patrrck F.
2108 Market Street,
Camp Hill, Pennsylv
IDI 46430 Telephon
Esquire
ztec Building
ia 17011
(717) 763-1800
I:YU.DIT A
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~BRENDA K. SELL,
Plaintiff
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IN TilE COURT OF COMMON
PLEAS OF CUMUERLAND
COUNTY, PENNSYLVANIA
~ i vs.
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',KIRK D. BELL,
I. Defendant
NO. 94-1556 CIVIL TERM
CUS'fODY
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ORDER
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:: AND NOW, this day of , 1994, upon receipt of the
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i/conciliator's Report, it appearing that the parties agree to the terms and provisions
'Iof this Order which was dictated in their presence and approved by them and their
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::counsel, we hereby order as follows:
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1. Legal custody of the minor children, Kirk W. Bell, born June 20, 1985, and
ilJeremy N. Sell, born February 7, 1989, shall be shared by their parents, the Plaintiff,
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i;Brenda K, Sell and the Defendant, Kirk D. Sell,
I: 2. The Father shall have primary physical custody of the minor children SUbject
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::to the fOllowing periods of temporary or partial custody with Mother:
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A. Alternating weekends, commencing on Friday, May 13, 1994, from
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Friday at 6:00 p.m. until Sunday at 7:00 p.m.
B. Four weeks each summer, with no more than two weeks being
consecutive, upon thirty (30) days written notice to Father in advance.
During the time that Mother has the children during the summer periods, she
shall not utilize Ray Wingard or David Wingard to provide child care for the
children and the children shall not be alone in the presence of either of
I' those gentlemen,
C. The fOllowing hOlidays from 9:00 a,m. until 7:00 p.m,: New Years
Day, Presidents Day, Easter, Memorial Day, July 4th, Labor Day, and
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Thanksgiving. The Mother's holiday periods shall commence with Memorial Day
of 1994. In the event that the Mother's holiday falls adjacent to one 01 her
scheduled weekends, the weekend will extend overnight into the holiday. The
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Ila.m. until 1:00 p.m. and with the Father on Father's Day every year from 9:00 a.m,
jluntil 1:00 p.m. The provisions of this paragraph shall prevail over the other
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i!proViSions of this. Order.
l~ 4. On the childrens' birthdays each year, the parent not scheduled to have
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holidays hereunder shall prevail over the other provisions of this Order,
3.
The children shall be with the Mother on Mother's Day every year from 9:00
I: custody of
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the children on that day shall have at least three hours with both of the
The parties shall agree upon the specific time and details of such temporary
5.
The parties shall share physical custody of the children over the Christmas
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every year as follows:
A.
In even numbered years, commencing in 1994, Mother shall have both
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children from noon on the 24th of December until noon on the 25th of December
and the Father shall have the children from noon on the 25th of December
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until 1:00 p.m. on the 26th of December,
B. In odd numbered years, commencing in 1995, Father shall have both
children from noon on the 24th of December until noon on the 25th of December
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and the Mother shall have the children from noon on the 25th of December
until 1:00 p.m. on the 26th of December.
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C. The provisions of this paragraph shall prevail over the
provisions of this Order.
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6. Mother shall be responsible to provide transportation at the beginning and end
of each of her periods of temporary custody, When she comes to the Father's home to
pick up the children, she shall not enter his house or yard, and tho Father shall be
responsible to escort the children to hef car.
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!: 7. Neither of the parties will smoke in the presence of the child rOil ill all
, automobile, a room, or any other confined space. The Mother shall not allow the
! children in the presence of David Wingard. The Mother shall not allow the children to
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attend meetings of Alcoholics Anonymous, although she shall be free to have them
accompany her to any social functions organized or sponsored by such group,
By the Court,
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I~/ ~ .'.v1'..J1~'" J ~~'
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Judith A. Calkin, Esquire
:. ~orney for Plaintiff
~~:~rick F. Lauer, Jr., Esquire
Attorney for Defendant
TRUE COpy FROM r:ECORD
In T..~"n;',,~ \.:,.,;r,[.1 h"~. ~:'". ;;;" 11'1 hand
.nd lh~ ~.;oil of ~u;J Courl ~r (Jr:i .i.., i'iI.
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EXHIBIT B
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BRENDA K, SELL, I IN TilE COURT 01" COMMON
Plaintift I PLEAS OF CUMBERLAND
I COUNTY, PENNGYLVANIA
vs, I
I NO, 94-1556 CIVIL TERM
KIRK D. SELL, I
Defendant I CUSTODY
JUDGE PREVIOUSLY ASSIGNED: None
CONcn.IATOR CONPIlIlBNCR SU/1KARY REPORT
IN ACCORDANCE WITII CUMBERLAND COUNTY RULE OP CIVIL PROCEDURE 1915,3-8(bl, the
nndersigned Custody Conciliator submits the fOllowing report:
1. The pertinent information concernin9 the children who are the subject of this
litigation is as follows:
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. Kirk W, Sell
Jeremy N. Sell
CURRENTLY IN
CUSTODY OF
BIRTIIDATE
20 June 1985
./ Pebruary 1989
Defendant/Pather
Defendant/Pather
2. A Conciliation Conference was held on 3 May 1994 and the fOllowing individuals
were present: the Plaintiff and her attorney, Judith A. Calkin, Esquire; the Defendant
and his attorney, Patrick P. Lauer, Jr,. Esquire,
3. The father has had primary custody of the children for approximately two years
while the mother was recovering from an alcohol abuse and addiction problem, There are
some bizarre facts in the background of the case, involving the mother's criminal
prosecution for alcohol related crimes. It was not necessary to get into those facts
at the conference, because the parties were able to reach agreement whereby the father
retains primary physical custody and the mother has more generous time with the
children,
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4. The attached Order was dictated in the presence ot the parties and approved by
'II them and their counsel. With the entry of this Order no further action is necessary at
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: 10 Hay 1994
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EXHIBIT C
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May 5, 1992
KI~k Sell Is a fl~st g~ade student at West C~eek Hills
Elementa~y School. KI~k has been one of my suppo~t g~oups
fo~ chlld~en whose pa~ents a~e ~ecently sepa~ated. His
fathe~, KI~k Sell, S~., was ve~y conce~ned about his son's
adjustment at that time and a~ked me if I could help him. I
put him In this suppo~t g~oup. M~. Sell also wanted to know
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if I felt that KI~k needed fu~the~ counseling outside of
school. I told him to walt and see how the g~oup went fo~
KI~k, I did not feel that KI~k needed mo~e counseling at
this time.
KI~k came to school last Monday, Ap~11 27, and said
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that his mothe~ had been a~~ested fo~ beating up his fathe~.
At that time he said that his mothe~ was In Jail. Kl~k
seemed to handle this situation well on the su~face.
Howeve~, on Tuesday, Ap~11 28, he told his teache~ that he
did not want to go out fo~ ~ecess. His class~oom teache~,
M~s, Susan Pe~key, sent him to see me. KI~k told me that
his mothe~ was sitting In a ca~ on the co~ne~ when he came
to school. He was af~aid that his mothe~ was going to take
him, He said that she told him she was going to pick him up
some day, He said that he did not want to go with his
mothe~. I told KI~k that his mothe~ would have to come to
the office in o~de~ to take him out of school, but if he was
that scared he could come into the building and find me if
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he saw his mothe~ when he was on the playg~ound. KI~k than
went out to ~ecess.
On Wednesday. Ap~11 29. KI~k pulled his pants down on
the way home f~om school. He told me that anothe~ classmate
told him to do this. This Is not typical behavlo~ fo~ KI~k.
M~s. Pe~key. his class~oom teache~. sees no change In
his behavlo~ In the class~oom. His latest ~epo~t ca~d was
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ve~y good.
1 have known KI~k since the beginning of the school
yea~. 1 am ve~y conce~ned about his unstable home life.
His fathe~ seems ve~y conce~ned and loving. 1 have neve~
had any contact with his mothe~.
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PATRtCK F. LAUER, JR
Altorne~. at La..
210M ~ta'~cl Slt~cl
.\11C'," BUllthn!:
Camp llill. r.\ 171111
(717) 7().l.UlUlI
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BRENDA K. SELL, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
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v. I CIVIL ACTION - LAW
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KIRK D. SELL, I
Defendant . NO. 94-1556 CIVIL TERM
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IN REI DEFENDANT'S PETITION TO MODIFY ORDER OF CUSTODY and
DEFENDANT'S MOTION FOR IMMEDIATE. TEMPORARY. EX PARTE RELIEF
ORDER OF COURT
AND NOW, this 2 i 11, day of October, 1994, upon relation of the
office of Patrick F. Lauer, Jr., Esq., attorney for Defendant, and
with the agreement of Judith A. Calkin, Esq., attorney for
Plaintiff, that the issues herein have been resolved at the custody
conciliation recently held in this matter, the hearing previously
scheduled for October 31, 1994, is hereby CANCELLED.
BY THE COURT,
J
Judith A. Calkin, Esq.
2201 North Second Street
Harrisburg, PA 17110
Attorney for Plaintiff
Patrick F. Lauer, Jr., Esq.
2108 Market Street, Aztec Building
Camp Hill, PA 17011
Attorney for Defendant
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BIUlNDA K. SBLL, I IN THB COURT OF COMMON
Plaintiff I PLBAS OF CUHBIlRLAND
I COUNTY, PBNNSYLVANIA
vs. I
I NO. 94-1556 CIVIL TBRH
KIllK D. SELL, I
Defendant I CUSTODY
JUDGE PREVIOUSLY ASSIGNED: The Honorable J. Wesley Oler, Jr,
CONCILIATOR CONFERENCE BUKHARY REPORT
IN ACCORDANCE WITH CUHBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5.3-S(bl, the
undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the children vho are the SUbject of this
litigation is as follows:
NAHE
Kirk W, Sell
Jeremy N. Sell
BIRTHDATE
CURRENTLY IN
CUSTODY OF
20 June 19S5
7 February 19S9
Defendant/Father
Defendant/Father
2. A Conciliation Conference was held on IS October 1994 and the following
individuals were present: the Plaintiff and her attorney, Judith A, Calkin, Esquire:
the Defendant and his attorney, Patrick F. Lauer, Jr" Esquire.
3. This case has a rather bizaare and unfortunate history, They appeared before
DIe in Hay at which time the parties reached agreement which made a hearing unnecessary.
Since that time apparently the problems have become more acute. at least in the
father's opinion. As a result he tiled a petition to suspend the order and grant him
full custody without the mother having any access to the children.
4. The mother and her attorney appeared at the conference and, while not
admitting any of the claims made by the father in his petition, agreed to have the
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prior orders vacated and to award the father complete phyaical cuatody. The attached
order was dictated in their presence and both parties and their attorneys approved it.
With the entry of this order. no further action is necessary at the present time.
5. If the mother's situation changes or improves, she is free to petition the
court for access to the children. In the meantime, both parties seemed to feel this
arrangement was best for everyone,
20 October 1994
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.BRENDA K. SELL,
Plaintiff
:;KIRK D.
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SELL,
Defendant
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IN THE COURT OP COMMON
PLEAS OP CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 94-1556 CIVIL TERM
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vs,
CUSTODY
AND NOW. this
ORDER
Z. '1 H, day of 0 c:t o~ c.f'
, 1994, upon receipt of the
conciliator's report, it appearinq that the parties have aqreed to the terms and
provisions of this order vhich vas dictated in their presence and approved by them and
1. Our priors in this matter are hereby vacated,
2. We recoqnize that the mother does not admit the averments set out in the
father's petition but that she has hereby aqreed to the vacation of our prior orders
and their replacement vith this order,
3. The parties vill share leqal custody of their minor children. Kirk W. Sell,
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;'born June 20, 19S5, and Jeremy N, Sell, born Pebruary 7, 19S9.
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1; 4. The father shall have sole physical custody of the said minor children until
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:;further order of this court, We vill reconsider the custodial situation upon the
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I,motion of either party at any time,
By the Court.
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ijJUdith A, Calkin, Esquire
I, Attorney for Plaintiff
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i Patrick P. Lauer, Jr., Esquire
I, Attorney for Defendant
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