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HomeMy WebLinkAbout02-3550 MICHAEL R. KELLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANN H. KELLY DEFENDANT • 02-3550 CIVIL ACTION LAW IN CUSTODY AND NOW, Thursday, August 01, 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 _ Wednesday, September 04, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy,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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,0-0? ?o I B ,orb 00 MICHAEL R. KELLY Plaintiff VS. ANN H. KELLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. ?lU??cfz-j,? CIVIL ACTION - LAW CUSTODY CUSTODY COMPLAINT TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. The Plaintiff is MICHAEL R. KELLY, who currently resides at 5714 Crickett Lane, Harrisburg, Dauphin County, Pennsylvania 17112. 2. The Defendant is ANN H. KELLY, who currently resides at 439 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks primary physical custody and shared legal custody of the parties' two minor children, Spencer Payne Kelly, born April 4, 1997 and Hansen Michael Kelly, born November 26, 1999. 4. The children were not born out of wedlock. 5. The children are currently in the custody of the Defendant who resides at 439 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania. 6. During the past five years the children have resided with the following persons and at the following addresses: I Persons Michael Kelly Ann Hillary Kelly Address 439 S. York Street Mechanicsburg, PA Dates 4/4/97 to 12/27/01 Ann Hillary Kelly 439 S. York Street 12/27/01 to Mechanicsburg, PA Present 7. The father of the children is Michael R. Kelly, who currently resides at 5714 Crickett Lane, Harrisburg, Dauphin County, Pennsylvania. 8. The relationship of Plaintiff Michael R. Kelly to the children is that of father. The Plaintiff currently resides with Anthony Kelly, father, Irene Kelly, mother, and Susan Kelly, sister. 9. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the children and the persons listed in Paragraph 6 above. 10. Plaintiff has not participated as a party, witness, or otherwise in litigation concerning the custody of the said children. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 12. 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. The best interests and permanent welfare of the children will be served by granting the relief requested because 2 the Plaintiff is the father of the children and primary physical custody and shared legal custody will foster the parent/child relationship. 14. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff respectfully prays that Your Honorable Court award primary physical custody and shared legal custody of the children to the Plaintiff. Respectfully submitted, Melanie L. Erb, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717)540-9170 Attorney for Plaintiff 3 VERIFICATION I verify that the statements are true and correct. I understand are made subject to the penalties relating to unsworn falsification made in the foregoing Complaint d that false statements herein of 18 Pa. C.S. Section 4904, to authorities. Date: -I - 15 - C) 7 Michael R. Kelly CERTIFICATE OF SERVICE ?/t-I, Melanie L. ,Erb, Esquire, do hereby certify that on this Lf day of , 2002, I served a copy of the foregoing Custody Co plaint by first-class mail, postage prepaid, in the Post office at Harrisburg, Pennsylvania, to the following person(s): Emily Long Hoffman, Esquire 105 North Front Street Harrisburg, PA 17101 e n' L. Erb, Esquire SE ;TELLAELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717)540-9170 Theresa Barrett Male Supreme Court it 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel For Defendant --------------- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL R. KELLY Plaintiff v 02-3550 Civil Term ANN H. KELLY Defendant CIVIL ACTION - CUSTODY ACCEPTANCE OF SERVICE I accept service of the Complaint for Custody. I certify that I am authorized to accept service on behalf of defendant. Theresa Barrett Male, Esquire Date: August 1, 2002 ,. , , C? Q Prt r„ L_ - ? r """"'GGG CSC ti J? -9. cz? ?T Q cl, r(1WWr-,-- W? W 4 W n w j' III K? r ?- = 1a tT+ ? o:b MICHAEL R. KELLY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-3550 ANN H. KELLY, : CIVIL ACTION - LAW Defendant IN CUSTODY PRAECIPE FOR WITHDRAWAL / ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, MICHAEL R. KELLY, in the above-captioned action. Respectfully submitted, Dated: aul Helvy, E u' e illian & Gep , LLP 218 Pine Street, P. O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorney I. D. #53148 Kindly withdraw my appearance on behalf of Plaintiff, MICHAEL R. KELLY, in the above-captioned action. Respectfully submitted, Dated: F/30/0 leflied L. Erb, q. Serratelli Schiffman Brown & Calhoon, PC 2080 Linglestown Road Harrisburg, PA 17110 Attorney I.D. # 84445 CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within document upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Theresa Barrett Male, Esquire 513 North Front Street Harrisburg, PA 17101 Peggy Hile, Secretary to J. PAUL HELVY, ESQ. Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 Dated: September 24, 2002 (717) 232-1851 Attorneys for Michael R. Kelly 0 O ? N - ct CS r, 1 2 A -J G bCT U 8 2002 MICHAEL R. KELLY, Plaintiff V. ANN H. KELLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3550 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this // ? day of October, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Michael R. Kelly and Ann H. Kelly, shall have shared legal custody of the minor children, Spencer Payne Kelly, born April 4, 1997 and Hansen Michael Kelly, born November 26, 1999. 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. The parties shall keep each of informed about extended family members who may volunteer in the children's classrooms. 2. Physical Custody. During the school year, the parties shall share physical custodial time with the children in accordance with the following arrangement which may be modified by their mutual agreement: V1 IviAl,,S\N-'d f' NO. 02-3550 CIVIL TERM A. Father shall have custody the first, second and fourth weekend of every month. Father's custodial weekends shall commence on Fridays at 4:00 p.m. and continue until Monday morning when the children are returned to school. B. Mother shall have custody on Mondays through Fridays at 4:00 p.m. and the third weekend of each month. In the event that there are five (5) weekends in a month, Mother shall have an extra custodial weekend to be arranged as the parties may agree. 3. Transportation. The parties shall share transportation by the parent relinquishing custody being responsible for transportation incident to the custodial exchange. 4 Summer School Recess / Vacation. A. In the summer of 2003, Father, at his option, may choose to extend his weekend periods of custody with vacation days. It is understood by the parties that Father may have one week of vacation days for the summer of 2003. B. In subsequent summers, each party shall be entitled to two blocks of summer vacation for a period of no more than eight (8) days each. The parties shall provide each other with thirty (30) days written notice of their intended vacation plans. In the event that the parties have scheduled vacation plans that conflict with each other, the party first providing written notice shall have choice of vacation. 4. Relocation. Neither party shall relocate at a distance greater than a 30-mile radius from Mechanicsburg, Pennsylvania absent sixty (60) days notice to the other parent. 5. Holidays. A. Christmas. Each year at Christmas, Father shall have December 24th from 5:00 p.m. until 9:00 p.m. In the event that Father is off work earlier than 5:00 p.m., he may pickup the children at an earlier time, which he will arrange with Mother. Mother shall have custody each year for the Christmas holiday from December 24th at 9:00 p.m. to December 25th at 1:00 p.m. Additionally, Father shall have custody from December 25th at 1:00 p.m. until December 26th at 9:00 p.m. The parties shall endeavor to split equally the remaining Christmas school break. NO. 02-3550 CIVIL TERM B. Thanksgiving. The Thanksgiving holiday shall be alternated each year. The holiday shall be defined as Wednesday before Thanksgiving at 6:00 p.m. until 6:00 p.m. the evening before school commences. In even- numbered years, Mother shall have Thanksgiving holiday and in odd- numbered years Father shall have the Thanksgiving holiday. C. Easter. The Easter holiday shall be defined as Good Friday at 6:00 p.m. until 6:00 p.m. the day before school commences. Father shall have the Easter holiday in odd-numbered years, and Mother shall have the Easter holiday in even-numbered years. D. Memorial Day, Independence Day, Labor Day. Memorial Day and Labor Day shall be observed by the parent who has custody the weekend preceding the holiday. In the event that Independence Day falls on a Monday or Tuesday, the parent with custody the preceding weekend shall have custody for Independence Day. In the event that Independence call falls on a Thursday or Friday, the parent with custody for the subsequent custodial weekend shall have custody for Independence Day as well. In the event that Independence Day falls on a Wednesday, the holiday shall be observed by the parent who has custody on that day. E. Mother's Day / Father's Day. Mother's Day weekend shall be observed with Mother and Father's Day weekend shall be observed with Father. F. Holidays shall take precedence over time in the regular schedule. BY THE COURT: Dist: J. Paul Helvy, Esquire, PO Box 886, Harrisburg, PA 17108-0886 Theresa Barrett Male, Esquire, 513 N. Second Street, Harrisburg, PA 17101 J. OCT 0 0 2002 MICHAEL R. KELLY, Plaintiff DATE OF BIRTH CURRENTLY IN THE CUSTODY OF NO. 02-3550 CIVIL TERM V. ANN H. KELLY, 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: NAME IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY Spencer Payne Kelly April 4, 1997 Mother Hansen Michael Kelly November 26, 1999 Mother 2. The parties were seen for their first Custody Conciliation Conference on September 30, 2002 pursuant to Father's Complaint for Custody filed on July 26, 2002. Present for the conference were: the Father, Michael R. Kelly, and his counsel, J. Paul Helvy, Esquire; the Mother, Ann H. Kelly, and her counsel, Theresa Barrett Male, Esquire. 3. The parties were diligent and with assistance of counsel reached an agreement in the form of an Order as attached. lnbfo-L Date elissa Peel Greevy, Es uire Custody Conciliator :163513 c' Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle, Esquire I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff MICHAEL R. KELLY, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3550 CIVIL TERM V. CIVIL ACTION - LAW ANN H. KELLY, Defendant/Respondent IN CUSTODY PETITION FOR CONTEMPT AND MODIFICATION OF CUSTODY ORDER AND NOW, this day of July, 2006, comes the Petitioner, MICHAEL R. KELLY by and through his undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Petition for Contempt and Modification of Custody Order, and in support thereof avers as follows: 1. The Plaintiff is Michael R. Kelly, hereinafter referred to as FATHER, currently residing at 810 Charlotte Way #101, Enola, PA 17025. 2. The Defendant is Ann H. Kelly, hereinafter referred to as MOTHER, who currently resides at 439 South York Street, Mechanicsburg, PA 17055. r 3. FATHER and MOTHER are the natural parents of two (2) minor children, SPENCER PAYNE KELLY, born April 4, 1997 and HANSEN MICHAEL KELLY, born November 26, 1999, both of whom FATHER seeks shared custody of. 4. The children were born in wedlock. 5. The children are presently in the primary custody of MOTHER and in the partial custody of FATHER, based upon the prior Order of Court dated October 11, 2002. A true and correct copy of said Order of Court is attached hereto and incorporated herein as Exhibit "A". 6. During the children's lives, they have resided with the following persons at the following addresses: A. The children resided with both MOTHER and FATHER at 439 South York Street, Mechanicsburg, PA 17055 during their lives. MOTHER and FATHER have since separated, ` and the children are residing primarily at 439 South York Street, Mechanicsburg, PA 17055. 7. The MOTHER of the children is the Defendant, currently resides at 439 South York Street, Mechanicsburg, PA 17055. She is unmarried. 8. The FATHER of the children is the Plaintiff, currently residing at 810 Charlotte Way #101, Enola, PA 17025. He is unmarried. 9. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff currently resides with his fianc6, Gina O'Leary. 10. The relationship of the Defendant to the children is that of natural mother. The Plaintiff currently resides only with the minor children. r 11. Neither party has participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the minor children in this or in another court other than the prior action initiated under this caption and referenced herein. 12. FATHER has no information of a custody proceeding concerning the minor children pending in a court of this Commonwealth or any other state. 13. 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. 14. The best interests and permanent welfare of the children will be served by granting the relief requested herein for the following reasons: A. MOTHER has failed to adhere to the terms of the attached Custody Order by failing to make available the children during the periods of partial custody allotted to FATHER therein. B. MOTHER has unilaterally and unreasonably withheld the minor children from extra-curricular activities without consultation with or the consent of FATHER. MOTHER is refusing to allow the minor children to participate in extra-curricular activities and is withholding them from practices and/or games. C. MOTHER is not adequately communicating with FATHER as to her duties and responsibilities as a co-legal custodian of the minor children. D. MOTHER is proactively having a negative influence on the children with respect to FATHER and some of his new relationships. I E. It would be in the children's best interest to increase the frequency and duration of FATHER'S custodial periods to a point where the parties would share in physical custody of the minor children. F. MOTHER repeatedly and continues to make disparaging remarks about FATHER, which are having, an adverse and negative impact on FATHER'S relationship with the minor children. G. MOTHER is preventing FATHER from having any role in the decision making process with respect to healthcare for the minor children. 15. FATHER has repeatedly attempted to persuade MOTHER to allow him to participate in the decision making process with respect to the children, to which she has repeatedly refused. 16. Each parent's parental rights to the children have not been terminated, and the person or persons who have physical custody of the children have been named as parties to this action. WHEREFORE, FATHER respectfully requests this Honorable Court to find MOTHER in contempt of the October 11, 2002 Custody Order and grant him shared physical and legal custody of the minor children. Respectfully submitted, JOHNSON, DUFFIE, STEW/AT?& WEIDNER Date: 7A By: e Ma C. Duffle :263601 v.2 VERIFICATION I, MICHAEL R. KELLY, do verify that the statements made in the foregoing Petition for Contempt and Modification of Custody Order are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. MICHAEL R. KELLY Dated: 7 1 a 0 rL:. MICHAEL R. KELLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-3550 CIVIL ACTION LAW ANN H. KELLY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, August 07, 2006 , 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 Thursday, September 07, 2006 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday E Custody Conciliator IY? 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 tINFfnuSNNIa 9Z =£ Wd 9- onv goal vlo?va o 'HI X ?o-a?7 G Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL R. KELLY Plaintiff V. ANN H. KELLY Defendant DEFENDANT'S ANSWER WITH COUNTERCLAIM TO PLAINTIFF'S PETITION FOR CONTEMPT AND MODIFICATION OF CUSTODY ORDER 1. Admitted. NO. 02-3550 Civil Term : CIVIL ACTION -CUSTODY Answer 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. By way of further answer, a copy of the October 11, 2002 was not attached to the pleading served on defendant's counsel. By way of further answer, the order speaks for itself. C 1 6. Admitted. 7. Admitted in part; denied in part. Defendant ("Mother") admits that she resides at 439 South York Street, Mechanicsburg, PA 17055. She denies that she is unmarried. By way of further answer, she is married to Plaintiff ("Father"). 8. Admitted in part; denied in part. Mother admits that Father resides at 810 Charlotte Way #101, Enola, PA 17025. She denies that he is unmarried. By way of further answer, he is married to Mother. 9. Admitted in part; denied in part. Mother admits that Father lives with his girlfriend. She denies that she's Father's fiancee because the parties are still married. 10. Admitted. 11. Admitted. 12. Denied. After reasonable investigation, Defendant is without knowledge sufficient to form a belief as to the truth of this allegation and demands proof of this allegation, which is denied. 13. Denied. After reasonable investigation, Mother is without knowledge sufficient to form a belief as to the truth of this allegation and demands proof of this allegation, which is denied. 14. A. Admitted in part; denied in part. Mother admits that the children missed two nights with Father in September 2005 when her grandmother died. Mother admits that she was delayed by traffic when returning from the shore this 2 t . summer, and that, as a result, she delivered the children to Father roughly three hours late on one occasion. Mother denies the allegation that she has failed to abide by the custody order and demands proof of this allegation, which is denied. B. Denied. Mother denies that she withholds the children from extracurricular activities and refuses to allow them to participate in extra- curricular activities and demands proof of these allegations, which are denied. By way of further answer, Mother incorporates by reference the averments in her counterclaim. C. Denied. Mother denies that she does not communicate with Father and demands proof of this allegation, which is denied. By way of further answer, Mother incorporates by reference the averments in her counterclaim. D. Denied. Mother denies that she is having a negative influence on Father's new relationships and demands proof of this allegation, which is denied E. Denied. Mother denies that shared custody is in the children's best interests and demands proof of this allegation, which is denied. F. Denied. Mother denies that she makes disparaging remarks about Father to the children and demands proof of this allegation, which is denied. G. Denied. Mother denies that she prevents Father from having a role in making decisions regarding the children's health care and demands proof of 3 this allegation, which is denied. By way of further answer, Mother incorporates by reference the averments in her counterclaim. Wherefore, Ann H. Kelly respectfully requests that the Court deny Plaintiff's petition for contempt and modification of custody order. Counterclaim for Modification of Custody Order 15. Mother incorporates by reference the averments set forth in paragraphs 1 through 14. 16. The October 11, 2002 custody order should be modified because: a. Father refuses to cooperate with Mother regarding the children's educational and medical needs. b. Father refers to the children's doctors and other care-providers as "quacks." C. Father attempts to sabotage Mother's efforts to secure assistance for the children, particularly Spencer, who has been diagnosed with Asperger's syndrome. d. Father does not return Mother's telephone calls regarding the children, and communicates with her primarily by text messaging. e. Father will not allow the children to call Mother when they are in Father's custody unless he is present for the phone call. f. Spencer cannot participate in Boy Scout activities when he is at Father's home because Father refuses to take him. 4 g. Father told Spencer that he did not deserve his Boy Scout awards and had to give them back. h. Frequently, when the children return from Father's home, it is apparent that they have not been bathed. i. Frequently, when the children are in Father's custody, they have food and toothpaste on their clothing when out in public. j. Frequently, when the children return from Father's home, their teeth are dirty and their hair is uncombed. k. Father makes inappropriate remarks regarding mother's friends in front of the children. 1. Father allows his girlfriend to discipline the children, despite Mother's objection. M. When Father is on call, he does not allow the children to remain with Mother, but rather has his girlfriend provide care for them. 17. The children's special needs and the problems identified by Mother warrant an order directing the parties to participate in a custody evaluation. Wherefore, Plaintiff on the Counterclaim/Mother requests that the court enter an order: a. Awarding Mother sole legal custody. b. Directing Father to allow the children to call Mother without interference. C. Directing that the children remain in Mother's custody when Father is on call. 5 d. Directing the parties to participate in a custody evaluation with the costs to be shared equally by the parties. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: September 12, 2006 6 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Ann H. Kelly Date: 9113 /?9 PROOF OF SERVICE I hereby certify that I am this day serving a copy of 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 fax and by first-class mail addressed as follows: Dawn S. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 Custody Conciliator Mark C. Duffie, Esquire Johnson, Duff ie, Stewart & Weidner, P.C. 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Plaintiff Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: September 13, 2006 r ; t'-.i ]7 MICHAEL R. KELLY IN THE COURT OF CO Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 02-3550 CIVIL ACTION LAW ANN H. KELLY Defendant IN CUSTODY ORDER OF COURT AND NOW, this 11 ` day of , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall engage in a course of therapeutic family counseling with Deborah Salem, LPC or other professional selected by agreement. The purpose of the counseling shall be assist the parties in identifying and addressing underlying conflicts and in establishing sufficient communication and cooperation to enable them to effectively co-parent their children. The parties shall attend a minimum of six counseling sessions. Any unreimbursed costs of counseling shall be shared equally between the parties. The parties shall contact the counselor's office within 5 days of the conciliation conference to schedule the first session. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated October 11, 2002 shall continue in effect. BY THE COURT, cc: Dark C. Duffle, Esquire - Counsel for Father ?Yieresa Barrett Male, Esc uk- Counsel for Mother ?A OA D S E P 1 8 2006 Pd ! ?d?S 9001 ut-Ll MICHAEL R. KELLY Plaintiff vs. ANN H. KELLY Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3550 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 Spencer Kelly April 4, 1997 Mother Hansen Kelly November 26, 1999 Mother 2. A custody conciliation conference was held on September 14, 2006, with the following individuals in attendance: The Father, Michael R. Kelly, with his counsel, Mark C. Duffle, and the Mother, Ann H. Kelly, with her counsel, Theresa Barrett Male. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL R. KELLY Plaintiff V. NO. 02-3550 Civil Term ANN H. KELLY Defendant CIVIL ACTION - CUSTODY DEFENDANT'S APPLICATION FOR SPECIAL RELIEF PURSUANT TO PA. R.C.P. 1915.13 1. On October 11, 2002 an Order was entered for custody of the parties' children, Spencer Payne Kelly (dob: 04/04/97) and Hansen Michael Kelly (dob: 11/26/99). A copy of the order is attached as Exhibit 1. 2. Plaintiff Michael R. Kelly ("Father") and Defendant Ann H. Kelly, aka A. Hillary Kelly, share legal custody of the children under the terms of the order. 3. Both Spencer and Hansen have special needs. 4. At the last custody conciliation conference on September 14, 2006, Custody Conciliator Dawn S. Sunday, Esquire directed Father not to have his live-in girlfriend, Gina O'Leary, involved in or participating in the children's school functions, such as parent-teacher conferences, IEP meetings, field trips, visiting the children's classrooms, and having lunch with the children. 5. Mother recently learned that, notwithstanding the conciliator's clear directive, Father has given the school permission to give his girlfriend information regarding the children, and to participate in the school functions identified in paragraph 4. 6. When Mother contacted the school principal and the school district Superintendent, voicing her objection to the girl-friend's involvement, she was informed that she needs a court order to prohibit Father's girlfriend from these activities and from securing information on the children) 7. As Mother explains in her petition to modify the custody order, which she is filing concurrently with this application: a. Although Spencer has been diagnosed with Asperger's Disorder, a form of autism, Father does not accept Spencer's diagnosis, as a result of which he and his live-in girlfriend taunt and belittle Spencer. 1 The school's position is ironic. Because the parties share legal custody, the school will not implement any treatment plans for either Spencer or Hansen unless Father consents. In this instance, Mother's lack of consent to the girlfriend's intrusion carries no weight. 2 b. Because the parties share legal custody, Father has been able to prevent Mother from securing timely treatment for Spencer. C. Although Hansen's pediatrician and his teacher have directed that Hansen receive speech therapy, Father refuses to consent to the speech therapy. d. Over Mother's objections, Father allows his girlfriend to discipline the children. e. Father refuses to inform Mother of the children's whereabouts during his custody periods. f. Father refuses to discuss with Mother the children's special needs. 8. An IEP meeting on Spencer is scheduled for January 6, 2008. Wherefore, Defendant requests the court to enter an order enjoining Gina O'Leary from direct contact with the children's teachers and related school officials, and from attending parent-teacher conferences, IEP meetings, field trips, and other classroom and lunchtime activities. Law Firm of Theresa Barrett Male By: Theresa Barrett Male, Esquire, ID #46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Defendant Date: December 6, 2007 3 Exhibit 1 i OCT 0 8 2002 MICHAEL R. KELLY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-3550 CIVIL TERM V. CIVIL ACTION - LAW ANN H. KELLY, IN CUSTODY Defendant ORDER OF COURT . AND NOW, this /Im- day of October, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Michael R. Kelly and Ann H. Kelly, shall have shared legal custody of the minor children, Spencer Payne Kelly, bom April 4, 1997 and Hansen Michael Kelly, born November 26, 1999. 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. The parties shall keep each of informed about extended family members who may volunteer in the children's classrooms. 2. Physical Custody. During the school year, the parties shall share physical custodial time with the children in accordance with the following arrangement which may be modified by their mutual agreement: ?om g M 0 T ? OCT 14 2002 NO. 02-3550 CIVIL TERM A. Father shall have custody the first, second and fourth weekend of every month. Father's. custodial weekends shall commence on Fridays at 4:00 p.m. and continue until Monday morning when the children are returned to school B. Mother shall have custody on Mondays through Fridays at 4:00 p.m. and the third weekend of each month. In the event that there are five (5) weekends in a month, Mother shall have an extra custodial weekend to be arranged as the parties may agree. 3. Transportation. The parties shall share transportation by the parent relinquishing custody being responsible for transportation incident to the custodial exchange- 4. 4. Summer School Recess/ Vacation. A. In the summer of 2003, Father, at his option, may choose to extend his weekend periods of custody with vacation days. It is understood by the parties that Father may have one week of vacation days for the summer of 2003.- B. In subsequent summers, each party shall be entitled to two blocks of summer vacation for a period of no more than eight (8) days each. The parties shall provide each other with thirty (30) days written notice of their intended vacation plans. In the event that the parties have scheduled vacation plans that conflict with each other, the party first providing written notice shall have choice of vacation. 4. Relocation. Neither party shall relocate at a distance greater than a 30-mile radius from Mechanicsburg, Pennsylvania absent sixty (60) days notice to the other parent. 5. Holidays. A. Christmas. Each year at Christmas, Father shall have December 24th from 5:00 p.m. until 9:00 p.m. In the event that Father is off work earlier than 5:00 p.m., he may pickup the children at an earlier time, which he will arrange with Mother. Mother shall have custody each year for the Christmas holiday from December 24th at 9:00 p.m. to December 25th at 1:00 p.m. Additionally, Father shall have custody from December 25th at 1:00 p.m. until December 26th at 9:00 p.m. The parties shall endeavor to split equally the remaining Christmas school break. NO. 02-3550 CIVIL TERM B. Thanksgiving. The Thanksgiving holiday shall be alternated each year. The holiday shall be defined as Wednesday before Thanksgiving at 6:00 p.m. until 6:00 p.m. the evening before school commences. In even- numbered years, Mother shall have Thanksgiving holiday and in odd- numbered years Father shall have the Thanksgiving holiday. C. Easter. The Easter holiday shall be defined as Good Friday at 6:00 p.m. until 6:00 p.m. the day before school commences. Father shall have the Easter holiday in odd-numbered years, and Mother shall have the Easter holiday in even-numbered years. D. Memorial Day, Independence Day, Labor Day. Memorial Day and-Labor Day shall be observed by the parent who has custody the weekend preceding the holiday. In the event that Independence Day falls on a Monday or Tuesday, the parent with custody the preceding weekend shall have custody for Independence Day. In the event that Independence call falls on a Thursday or Friday, the parent with custody for the subsequent custodial weekend shall have custody for Independence Day as well. In the event that Independence Day falls on a Wednesday, the holiday shall be observed by the parent who has custody on that day. E. Mother's Day / Father's Day. Mother's Day weekend shall be observed with Mother and Father's Day weekend shall be observed with Father. F. Holidays shall take precedence over time in the regular schedule. BY THE COURT: 1n1 0, 14,4 J. Dist: J. Paul Heivy, Esquire, PO Box 886, Harrisburg, PA 17108-OB86 Theresa Barrett Male, Esquire, 513 N. Second Street, Harrisburg, PA 17101 TRUE PY FROM %i-ORD In T hmony whsrW1, I hero into nW hand and tip sal of said Court at Cap'", Pa I'his lday G_ILZ9, ProthanotaN 2002 F?OCT 1 4 MICHAEL R. KELLY; Plaintiff IN THE COURT OFC 21L- CUMBERLAND COUNTY-,PENNSYLVANIA NO. 02-3550 CIVIL TERM V. ANN H. KELLY, Defendant 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Spencer Payne Kelly April 4, 1997 Mother Hansen Michael Kelly November 26, 1999 Mother 2. The parties were seen for their first Custody Conciliation Conference on September 30, 2002 pursuant to Father's Complaint for Custody filed on July 26, 2002. Present for the conference were: the Father, Michael R. Kelly, and his counsel, J. Paul Helvy, Esquire; the Mother, Ann H. Kelly, and her counsel, Theresa Barrett Male, Esquire. 3. The parties were diligent and with assistance of counsel reached an agreement in the form of an Order as attached. ??(3to?. Date elissa Peel Greevy, Es uire Custody Conciliator :163513 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. e26 - Ann H. Kelly Date: oQ / ,) / PROOF OF SERVICE I hereby certify that I am this day serving a copy of 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: Mark C. Duffie, Esquire Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Plaintiff V Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Theresa Barrett Male, Es ire Supreme Court # 46439 513 North Second Street Date: December 10, 2007 ? l '.. :..? ? 1 ` ? V ? f ? c . i'*J F ? -?• Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesauire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL R. KELLY Plaintiff V. ANN H. KELLY Defendant NO. 02-3550 Civil Term : CIVIL ACTION - CUSTODY DEFENDANT'S PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. The petition of Defendant Ann H. Kelly, aka A. Hillary Kelly, ("Mother") respectfully represents that on October 11, 2002 an Order of Court was entered for custody of the parties' children, Spencer Payne Kelly (dob: 04/04/97), and Hansen Michael Kelly (dob: 11/26/99). A copy of the order is attached as Exhibit 1. 2. This Order should be modified because, inter alia: a. Although Spencer has been diagnosed with Asperger's Disorder, a form of autism, Plaintiff Michael R. Kelly ("Father") routinely withholds consent for treatment. b. Father does not accept Spencer's diagnosis, as a result of which he and his live-in girlfriend taunt and belittle Spencer. C. Because the parties share legal custody, Father has been able to prevent Mother from securing timely treatment for Spencer. d. Although Hansen's pediatrician and the Speech Clinician at Hansen's school have directed that Hansen receive speech therapy, Father refuses to consent to the speech therapy and an evaluation. e. Over Mother's objections, Father allows his girlfriend to discipline the children. f Over Mother's objections, Father has directed the school to allow Father's girlfriend to attend school functions such as field trips, teacher's meetings, visiting the children's classrooms, and having lunch with the children. g. Father refuses to inform Mother of the children's whereabouts during his custody periods. h. Father refuses to discuss with Mother the children's special needs. 2 Wherefore, Defendant requests that the court modify the order because it will be in the best interest of the children. Law Firm of Theresa Barrett Male By: Theresa Barrett Male, Esquire, ID #46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Defendant Date: December 6, 2007 3 Exhibit 1 j ? OCT 8 2002 MICHAEL R. KELLY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ANN H. KELLY, Defendant NO. 02-3550 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT . AND NOW, this //9--- day of October, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Michael R. Kelly and Ann H. Kelly, shall have shared legal custody of the minor children, Spencer Payne Kelly, born April 4, 1997 and Hansen Michael Kelly, born November 26, 1999. 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. The parties shall keep each of informed about extended family members who may volunteer in the children's classrooms. 2. Physical Custody. During the school year, the parties shall share physical custodial time with the children in accordance with the following arrangement which may be modified by their mutual agreement: OCT 14 2002 NO. 02-3550 CIVIL TERM A. Father shall have custody the first, second and fourth weekend of every month. Father's, custodial weekends shall commence on Fridays at 4:00 p.m. and continue until Monday morning when the children are returned to school. B. Mother shall have custody on Mondays through Fridays at 4:00 p.m. and the third weekend of each month. In the event that there are five (5) weekends in a month, Mother shall have an extra custodial weekend to be arranged as the parties may agree. 3. Transportation. The parties shall share transportation by the parent relinquishing custody being responsible for transportation incident to the custodial exchange- 4. Summer School Recess / Vacation. A. In the summer of 2003, Father, at his option, may choose to extend his weekend periods of custody with vacation days. It is understood by the parties that Father may have one week of vacation days for the summer of 2003. B. In subsequent summers, each party shall be entitled to two blocks of summer vacation for a period of no more than eight (8) days each. The parties shall provide each other with thirty (30) days written notice of their intended vacation plans. In the event that the parties have scheduled vacation plans that conflict with each other, the party first providing written notice shall have choice of vacation. 4. Relocation. Neither party shall relocate at a distance greater than a 30-mile radius from Mechanicsburg, Pennsylvania absent sixty (60) days notice to the other parent. 5. Holidays. A. Christmas. Each year at Christmas, Father shall have December 24th from 5:00 p.m. until 9:00 p.m. In the event that Father is off work earlier than 5:00 p.m., he may pickup the children at an earlier time, which he will arrange with Mother. Mother shall have custody each year for the Christmas holiday from December 24th at 9:00 p.m. to December 25th at 1:00 p.m. Additionally, Father shall have custody from December 25th at 1:00 p.m. until December 26th at 9:00 p.m. The parties shall endeavor to split equally the remaining Christmas school break. i .. NO. 02-3550 CIVIL TERM .B. Thanksgiving. The Thanksgiving holiday shall be alternated each year. The holiday shall be defined as Wednesday before Thanksgiving at 6:00 p.m. until 6:00 p.m. the evening before school commences. In even- numbered years, Mother shall have Thanksgiving holiday and in odd- numbered years Father shall have the Thanksgiving holiday. C. Easter. The Easter holiday shall be defined as Good Friday at 6:00 p.m. until 6:00 p.m. the day before school commences. Father shall have the Easter holiday in odd-numbered years, and Mother shall have the Easter holiday in even-numbered years. D. Memorial Day, Independence Day, Labor Day. Memorial Day and-Labor Day shall be observed by the parent who has custody the weekend preceding the holiday. In the event that Independence Day falls on a Monday or Tuesday, the parent with custody the preceding weekend shall have custody for Independence Day. In the event that Independence call falls on a Thursday or Friday, the parent with custody for the subsequent custodial weekend shall have custody for Independence Day as well. In the event that Independence Day falls on a Wednesday, the holiday shall be observed by the parent who has custody on that day. E. Mother's Day / Father's Day. Mother's Day weekend shall be observed with Mother and Father's Day weekend shall be observed with Father. F. Holidays shall take precedence over time in the regular schedule. BY THE COURT: /s1 yip Q. J. Dist: J. Paul Helvy, Esquire, PO Box 886, Harrisburg, PA 17108-0886 Theresa Barrett Mate, Esquire, 513 N. Second Street, Harrisburg, PA 17101 TRUE GOPY FROM RECORD in T himy wheroo:, I hero Linto my maid and ttm seal of said Court at ' 4e, Pa ProthonotarJ " F?oC7 '14 2002 MICHAEL R. KELLY, Plaintiff IN THE COURT OF C CUMBERLAND COUN , PENNSYLVANIA NO. 02-3550 CIVIL TERM V. ANN H. KELLY, Defendant 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Spencer Payne Kelly April 4, 1997 Mother Hansen Michael Kelly November 26, 1999 Mother 2. The parties were seen for their first Custody Conciliation Conference on September 30, 2002 pursuant to Father's Complaint for Custody filed on July 26, 2002. Present for the conference were: the Father, Michael R. Kelly, and his counsel, J. Paul Helvy, Esquire; the Mother, Ann H. Kelly, and her counsel, Theresa Barrett Male, Esquire. 3. The parties were diligent and with assistance of counsel reached an agreement in the form of an Order as attached. i0(3to-L Date elissa Peel Greevy, Es uire Custody Conciliator :163513 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. 6?5 - Ann H. Kelly Date: a/ q ko PROOF OF SERVICE I hereby certify that I am this day serving a copy of 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: Mark C. Duffie, Esquire Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Plaintiff 6 Theresa Barrett Mal squire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: December 10, 2007 J4d?- z L7 v 'b t .,000r` MICHAEL R. KELLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANN H. KELLY DEFENDANT 2002-3550 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, December 17, 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 Thursday, January 17, 2008 at 12:00 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. 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. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 'dlNbilINNQd 19 0 Wd L 1 330 LUZ AtlVl ?. Fwd3Hi. Jo 0 .&. MICHAEL R. KELLY, Plaintiff V. ANN H. KELLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW JN CUSTODY :NO. 02-3550 PRAECIPE FOR WITHDRAW AND ENTRY OF APPEARANCE To the Prothonotary: Kindly withdraw the appearance of Mark C. Duffle, Esquire, and Johnson, Duffie, Stewart & Weidner, P.C., of Counsel, on behalf of the Plaintiff, Michael R. Kelly, in the above-captioned matter. DATED: I 1 / a?Dj Mark C. Duffie squire Of Counsel JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 To the Prothonotary: Kindly enter the appearance of Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, Esquire and Beckley & Madden, of Counsel, on behalf of the Plaintiff, Michael R. Kelly, in the above-captioned matter. DATED: - ??-X j-4 4M li beth S. e s Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, Pennsylvania 17108 (717) 233-7691 (Charles O. Beckley, II, Esq re CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Mark C. Duffle, Esquire Johnson, Duffle, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 DATED: l ?? t ? ?? ;_,i ?? ? Y? a ? T?? (17 ?.. .. ---} , ?` ? t ,w ? r MICHAEL R. KELLY Plaintiff VS. ANN H. KELLY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-3550 IN CUSTODY Defendant ORDER OF COURT CIVIL ACTION LAW AND NOW, this -30" day of 94 t-_0,, , 2008, upon consideration of the attached Custody Conciliation Repo r(, it is rdered and directed as follows: 1. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Kasey Shienvold, Psy.D. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs and interests of the Children. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Children. All costs of the evaluation shall be shared equally between the parties, with the exception that the Father shall be responsible for any costs associated with sessions/testing for Gina O'Leary. The parties shall contact the evaluator's office within 10 days of the date of this Order to schedule the initial sessions. 2. Unless otherwise agreed between the parties, the parents shall not permit third parties to contact the Children's medical providers either to obtain or provide information concerning the Children. 3. Unless otherwise agreed between the parties, the parents shall not permit third parties to contact school personnel with regard to the Children, with the exception that Gina O'Leary shall be permitted to pick up paperwork for the Children on the Father's behalf when necessary and contact school personnel only to the extent necessary to obtain the paperwork. The purpose of this provision is to ensure that all significant contact with the Children's school is limited to the parents. 4. The Father shall promptly obtain, sign and return all necessary consent forms to Susan Mayes' office to facilitate a comprehensive evaluation of Hansen without delay. In addition, the Father shall promptly sign all authorizations required by the school for Hansen's speech evaluation. 5. The non-custodial parent shall be entitled to have reasonable telephone contact with the Children. The Father shall ensure that the children are available for telephone calls from the Mother on Saturdays at 7:00 p.m. and the Mother shall ensure that the Children are available for telephone contact by the Father on Wednesdays at 7:00 p.m. The parties shall cooperate in making any necessary adjustments to these times, shall ensure that the non-custodial parent's telephone calls are returned Afd oC AfYr ??oz promptly and shall generally facilitate the non-custodial parent's access to telephone contact with the Children. 6. Neither party shall enroll the Children in activities which may take place during the other party's custodial time without the prior consent of both parties. Each parent shall ensure that the Children attend all regularly scheduled activities during his or her periods of custody. The Mother shall ensure that Hansen attends-his First Communion on May 10, 2008 during her period of custody or, alternatively, shall cooperate in making Hansen available for the Father to have custody for the purpose of his First Communion. 7. Neither party shall enroll the Children in or remove the Children from any medical insurance coverage plan except by agreement between the parties or pursuant to an Order of Court. 8. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 9. The Petition for Special Relief filed on the Mother's behalf is withdrawn. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc. beth S. Beckley, Esquire - Counsel for Father eresa Barrett Male, Esquire - Counsel for Mother v BY THE COURT, MICHAEL R. KELLY Plaintiff vs. ANN H. KELLY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-3550 IN CUSTODY Defendant CIVIL ACTION LAW Prior Judge: Kevin A. Hess 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 Spencer P. Kelly April 4, 1997 Mother/Father Hansen M. Kelly November 26, 1999 Mother/Father 2. A custody conciliation conference was held on January 17, 2008, with the following individuals in attendance: the Father, Michael R. Kelly, with his counsel, Elizabeth S. Beckley, Esquire, and the Mother, Hillary (Ann) H. Kelly, with her counsel, Theresa Barrett Male, Esquire 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator f ? Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire ID # 46439 Andrea Hudak Duffy, Esquire ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbrn9 tbmesquire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL R. KELLY Defendant V. NO. 02-3550 Civil Term ANN H. KELLY Defendant CIVIL ACTION - CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUNSEL 1. Defendant retained Petitioner to represent her in this action, and signed a retention agreement. 2. Petitioner's representation of Defendant has resulted in, and will continue to result in, an unreasonable financial burden to Petitioner. 3. Defendant has failed substantially to fulfill an obligation to Petitioner regarding Petitioner's services and has been given reasonable warning that Petitioner will withdraw unless the obligation is fulfilled. f + 4. Professional considerations require termination of the representation. 5. Elizabeth S. Beckley, Esquire, counsel for Plaintiff, concurs with this motion. 6. This matter was previously assigned to Judge Oler entry of a custody order. Wherefore, Petitioner respectfully requests the court to grant her Petition to withdraw as counsel for Defendant. Respectfully Submitted, /I f -? A,-kb L::24= 4?- 1 , U - Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 717-233-3220 Petitioner Date: August 6, 2009 2 PROOF OF SERVICE I hereby certify that I am this day serving a copy of 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: Elizabeth S. Beckley, Esquire Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 Attorneys for Plaintiff Ann H. Kelly 439 South York Street Mechanicsburg, PA 17055 Defendant hf'".4 AAA?AXh- Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID# 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Defendant Date: August 6, 2009 ? i. 2609 AUG -7 Fel 2: 32 r. 4v+'? gym... .r^, Y Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire ID # 46439 Andrea Hudak Duffy, Esquire ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tb?tbmesauire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL R. KELLY Defendant V. NO. 02-3550 Civil Term ANN H. KELLY Defendant CIVIL ACTION - CUSTODY ORDER AND NOW, August 13 0- , 2009, upon consideration of the foregoing petition, the Court ISSUES a Rule on plaintiff and defendant to show cause why the petitioner is not entitled to the relief requested. The Rule is returnable within ten (10) days of service. BY THE COURT: AL er, Jr., Judge O le&1.; 4 . ble I j dv Distribution: Elizabeth S. Beckley, Esquire, 212 N. Third St., P.O. Box 11998, Harrisburg, PA 17108 Theresa Barrett Male, Esquire, 513 N. Second St., Harrisburg, PA 17101-1058 Ann H. Kelly, 439 S. York Street, Mechanicsburg, PA 17055 2 THE Mvgb T 2"9AUG13 pm 2:4b nuv`` ar COUNTY Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire ID # 46439 Andrea Hudak Duffy, Esquire ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbrn_tbmesauire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL R. KELLY : Defendant V. : NO. 02-3550 Civil Term ANN H. KELLY Defendant CIVIL ACTION - CUSTODY MOTION TO MAKE RULE ABSOLUTE 1. On August 7, 2009, Petitioner filed a petition for leave to withdraw as counsel for defendant in this proceeding. 2. On August 13, 2009, this Court issued a Rule, returnable ten (10) days from the date of service, which Petitioner served on plaintiff and defendant on August 18, 2009. 3. The return date has passed without answer by either plaintiff or defendant. 4b Wherefore, Petitioner requests the Court to make the rule absolute and to grant her petition for leave to withdraw as counsel for Defendant in this action. Law Office of Theresa Barrett Male By: Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Petitioner Date: September ;Z, , 2009 2 PROOF OF SERVICE I hereby certify that I am this day serving a copy of 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: Elizabeth S. Beckley, Esquire Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 Attorneys for Plaintiff Ann H. Kelly 439 South York Street Mechanicsburg, PA 17055 Defendant / ? lc?4 Theresa Barrett Male, Esquire, ID # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Petitioner Date: September °? , 2009 2E)J'r S;:I) -3 FI 1, 2: 5 9 46 "l 0 Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire ID # 46439 Andrea Hudak Duffy, Esquire ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbrnAtbmesouire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL R. KELLY Defendant V. NO. 02-3550 Civil Term ANN H. KELLY Defendant CIVIL ACTION - CUSTODY ORDER AND NOW, September -?" , 2009, the Court GRANTS Theresa Barrett Male, Esquire, leave to withdraw as counsel for Defendant in this proceeding. BY THE COURT: Kevin . Hess, J. Distribution: ./Elizabeth S. Beckley, Esquire, 212 N. Third St., P.O. Box 11998, Harrisburg, PA 17108 ./fheresa Barrett Male, Esquire, 513 N. Second St., Harrisburg, PA 17101-1058 --<nn H. Kelly, 439 S. York Street, Mechanicsburg, PA 17055 ryv-at.6L OF JTIHI TARY 2009 SEP -8 AM 1I : 39 Ojufm VANA CN?1?111115 JAN 2 0 20106 MICHAEL R. KELLY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2002-3550 CIVIL ACTION LAW ANN H. KELLY Defendant IN CUSTODY C? N rzZ F= ORDER o .- rte ?rr, AND NOW, this 14th day of January, 2010 , the conciliator, having received no response from counsel regarding follow-up from the March 12, 2009 custody conciliation conference, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ~~ MICHAEL R. KELLY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' 2002-3550 CIVIL ACTION LAW ANN H. KELLY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, August 11, 2010 ,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, September 08, 2010 at 10:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT. By: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. n_ -~ C ~A C~ Cumberland County Bar Association ?v ~' ~ ~ • ~ © l!~ ~ 32 South. Bedford Street ~' ~ h' '~,~ Carlisle, Pennsylvania 17013 -. :--r Telephone (717) 249-3166 '~ _' C.. --' ~~; cam. ~c`nG.+ 1 ed ~-4 y~--- ~ , ,_ ~~-r.~- _ ~ ~ ' -" AUG 0 5 2010 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MICHAEL R. KELLY, ) Plaintiff ) ~. ) No. 02-3550 ANN H KELLY, ) Defendant ) ORDER OF COURT AND NOW, this day 9 ` of ~„,~ r ,20 i o upon consideration of the foregoing Petition for Emergency Relief, it is Ordered and Decreed that the following relief is granted until further Order of the Court. Temporary physical custody is granted to the petitioner until further Order of the Court Emergency relief is denied Emergency relief is denied, Court Administrator is to se~Conciliation Conference Hearing/Conferenc , c~ S ~ ~~ _. , ~ _ ~ ~~ _ ., ~ i--~ . ~ -- '~ - ~ _ Complaint Page 1 of 4 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: DATE: ~. `l 7,o i o ~~'~e~ 12. l~~y inn ff- ,~'e/~y gyp; es ~.~ • /~~ ~1,, f,~ Complaint Page 2 of 4 MICHAEL R. KELLY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2002-3550 CIVIL ACTION LAW ANN H. KELLY Defendant IN CUSTODY ORDER OF COURT AND NOW, this / day of ~~t.~ 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 4 of the Cumberland County Court House on the day of _ l~.r~~h., , 2010 at ~ o'clock ~ m., at which time testimony will be taken. For purposes of the hearing, the Father, Michael R. Kelly, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or a party pro se shall submit 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 five days prior to the hearing date. 2. Pending the hearing and further Order of Court or agreement of the parties, the prior Orders of this Court dated October 11, 2002 and January 30, 2008 shall continue in effect. 3. The Children shall be enrolled in the Mechanicsburg School District for the 2010-2011 school year and shall remain enrolled in the Mechanicsburg School District until otherwise ordered by this Court. BY THE COURT, Kevin !~1 Hess cc: hael R. Kell -Father / Y mily Long Hoffman, Esquire -Counsel for Mother i~.s' rr~t Q ! l ~b -~ J. ,.., 0 m rc:r i G ~ ~ :~~ ~ w c~ ~, . MICHAEL R. KELLY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. ANN H. KELLY Defendant 2002-3550 CIVIL ACTION LAW IN CUSTODY Prior Judge: Kevin A. Hess 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 Spencer Kelly Apri14, 1997 Mother/Father Hanson Kelly November 26, 1999 Mother/Father 2. A custody conciliation conference was held on August 26, 2010, with the following individuals in attendance: the Mother, Ann H. Kelly (Hilary), with her counsel, Emily Long Hoffman, Esquire, and the Father, Michael R. Kelly, who is not represented by counsel in this matter. 3. This Court previously entered Orders in this matter on October 11, 2002 and January 30, 2008 under which the Mother has physical custody of the Children from Monday through Friday each week and every third weekend and the Father has custody on the first, second and fourth weekends of each month from Friday through Monday. A custody evaluation was concluded by Kasey Shienvold on December 12, 2008 which did not result in a modification of the existing custody arrangements thereafter. 4. The Father filed this Petition for Contempt and Modification seeking to have the Children continue their school enrollment in the Mechanicsburg School District and either to prevent the Mother from relocating the Children to New Jersey or to obtain primary physical custody if the Mother does relocate. The Father had also filed a Petition for Special Relief to prevent the relocation which resulted in an Order assigning this matter to conciliation. 5. The parties were unable to reach an agreement at the conference and it will be necessary to schedule a hearing on the Father's Petition for Contempt and Modification involving the Mother's proposed relocation to Stone Harbor, New Jersey. 6. The Father's position on custody is as follows: The Father objects to the relocation of the Children to New Jersey without his consent and believes that the Children should remain in their existing school district (Mechanicsburg) until the relocation issue has been resolved by the Court. The Father alleges that the Mother fails to communicate with him on issues involving the Children, excludes him from decision making concerning the Children and alienates the Children's affection for him. The Father does not believe that the Mother would comply with the existing weekend custody schedule if she and the Children lived in New Jersey. The Father expressed concern that Spencer would have difficulty making new friends in the New Jersey school in light of his special needs. The Father alleged that in the past the Mother has violated the custody agreement by scheduling periods of vacation on his holiday or not making the Children available for his weekends. 7. The Mother's position on custody is as follows: According to the Mother, the Children have expressed a strong preference to move to the family's summer home in Stone Harbor, New Jersey and begin school there this Fall. The Mother alleges that the Children do not have a good relationship with the Father and do not want to spend substantial time with him. The Mother stated that she always intended to eventually move to the New Jersey summer home but that the pending complex equitable distribution proceedings make the move imperative at this time. Due to the economic and equitable distribution situation, the Mother stated that she will not be eligible for a mortgage to buy a home in this area and would incur substantial financial losses if the home in New Jersey had to be sold. The Mother stated that the Children are very familiar with the home in New Jersey as they have been spending summers there for many years. The Mother advised that she gave the Father notice on July 15, 2010 that she intended to relocate the Children to New Jersey and relies, in part, on a provision in the 2002 Order that she believes gives her the right to relocate without the Father's consent if she provides 60 days advance notice. The Mother believes that it would be best for the Children to begin school in New Jersey pending the hearing. The Mother offered to continue the existing weekend schedule for the Father following relocation and denied the Father's allegations of her failure to comply with the existing Court ordered schedule. The Mother seeks Court approval to relocate with the Children to Stone Harbor, New Jersey. 8. It should be noted that due to the conflict between the parties, neither the school in Mechanicsburg, nor the school in New Jersey will permit the Children to be enrolled for the 2010-2011 school year without a Court Order. School begins in New Jersey on September 8 and in Mechanicsburg on August 30. In light of this situation, the conciliator contacted the Court during the conciliation conference for direction as to a temporary Order pending hearing. The conciliator submits an Order in the form as attached scheduling a hearing and implementing the temporary arrangements directed by the Court. Date Dawn S. Sunday, Esquire Custody Conciliator