HomeMy WebLinkAbout95-04500
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,
There.. BarreU Male
Supreml Court '46439
115 Plnl Slteel
Hanl.bur" PA 1710\
(117) 233.3220
Coun",,1 For Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JERRY ALLEN,
Plaintiff
AND NOW, December
ORDBRS as follows:
v.
KIMBERLEE WARD,
Defendant
95-4500 Civil Term
CIVIL ACTION- CUSTODY
ORDER OF COURT
tb
, 1999, upon agreement of the parties, the Court
I. The parties will share legal custody of Kalaleena Ward (DOB: 03/07/95) as
defined In 23 Pa, C.S.A. 15302: "Legal custody Is the right to make major decisions affecting
the best Interest of a minor child, Including, but not limited to, medical, religious and
educational decisions."
2, Defendant ("Mother") shall undergo therapy as recommended In the custody
evaluation, and specifically the Recommendations section, performed by Deborah L. Salem,
MHS, CAC, Director of InnerWorks. Prior to enlry of this order, Mother secured the services
of Kathy Russell, and has allended three (3) sessions Ihus far, Ms, Salem will monitor Molher's
therapeutic progress In addition to mainlalning coulacl with the child's therapist. Mother's
,.,.~
periods of custody are contingent on her allendance and participation In the Iherapy directed in
her report by Ms. Salem,
3. Deborah Salem will determine when the parties should begin parenting counseling
to be provided by her. Each party shall be responsible solely for the cosls of his/her Individual
sessions with Ms. Salem. The parties shall share equally the cosls of jolnl sessions after
application of insurance.
4. The parties shall continue counseling for the child with Jessica Hart. The child's
sessions shall be paid by each parent on a pro-rata basis according to their current income levels,
after application of all relevant Insurance. Each party shall be responsible solely for his/her
sessions with the child's counselor.
5. Plaintiff ("Father") shall have primary physical custody.
6. Beginning Friday, December 17, 1999, MOlher wlll have partial custody on
alternating weekends from Friday at 6:00 p,m. until Sunday at 6:00 p.m.
7. Subject to the terms of paragraphs 2 and 3, Mother wlll have partial custody on
alternating Mondays from 4:00 p,m. to 8:00 p,m. beginning January 10, 2000. Father, or his
designee, shail deliver the child to Mother at Inner Works at 4:00 p,m, Mother, or her
designee, shall deliver the child to Father in the parking lot of the Lower Paxton Police
Department at 8:00 p.m, Ms, Hart wlll meet with the child as close 10 Ihese periods as Ms.
Hart's schedule allows. After Mother has had three (3) Monday visits, Ms, Salem, Ms. Hart
and Ms. Russell will recommend whelher to maintain these contacts, expand them, or eliminate
them. If these contacts are expanded, then the alternating Mondays wlll cease and the contacls
2
will occur cvcry Wedncsday from 4:00 p.m. to 8:00 p.m., with Ihc exchangcslo occur u scl
forth In Ihl. paraaraph.
8. For holidays In odd-numbered years:
a. for Eastcr, Fathcr wil1 havc custody from
Holy Saturday at 8:00 p.m. through Eastcr Sunday
al 8:00 p.m. If this holiday falls on Father's
weekcnd, hc wil1 maintain custody through thc
weekend unlil8:00 p.m.
b. on Thanksgiving Day, Mothcr shall havc
custody from 8:00 a,m. unlll 8:00 p.m,
c. for Ihc Chrlstmu holiday, Mothcr shall havc
cuslody from December 24 at 2:00 p.m. to Decem-
ber 25 aI2:00 p.m., and Fathcr shall havc custody
from December 25 at 2:00 p.m. until December 26
al 2:00 p.m.
d. Mothcr shall havc custody on July Fourth
from 8:00 a.m. to 8:00 p.m.
e. Father shall have custody on Mcmorlal Day
and Labor Day from 8:00 a,m. 10 8:00 p.m,
3
4
9, For holidays In even-numbered years:
a. for F.aster, Mother will have custody from
Holy Saturday at 8:00 p.m. through Easter Sunday
at 8:00 p.m. If this holiday falls on Mother's
weekend, she will maintain custody through the
weekend unlil 8:00 p.m,
b. on Thanksgiving Day, Father shall have
custody from 8:00 a.m. until 8:00 p.m,
c. for Ihe Christmas holiday, Father shall have
from December 24 at 2:00 p,m. to December 25 at
2:00 p.m., and Mother shall have cUSlody from
December 25 at 2:00 p.m. until December 26 at
2:00 p.m.
d. Father shall have custody on July Fourth
from 8:00 a.m. to 8:00 p.m.
e. Mother shall have custody on Memorial Day
and Labor Day from 8:00 a.m. to 8:00 p.m.
10, In all years, Mother's Day from 8:00 a.m, to 8:00 p.m. Is reserved to Mothen
Father's Day from 8:00 a,m, to 8:00 P,I\1, Is reserved to Father. In all years, the non-cuslodial
parent shall have custody of the child for three (3) hours on her blrlhday.
..... ....
II. Each party shall enjoy two (2) non-conseculive weeks of uninterrupted vacation
with the child during the summer months provided each gives the other sixty (60) days' written
nolice of the dates selected.
12. Holidays shall take precedence over the regular custody period.
13. Father, or his designee, shall deliver the child to Mother in the parking lot of the
East Pennsboro Police Department at the beginning of Mother's custody periods. Mother, or
her designee, shall deliver the child to Father In the parking lot of the Lower Paxton Police
Department at the conclusion of Mother's custody periods, Deborah L, Salem will address the
cUltody exchange Issue In her parenting counseling.
14. Excluding vacation periods and times when the parties are out of town with the
child, each parenl shall have reasonable telephone access, I.e., no more than one (I) call per
day, to the child when she Is In the custody of the other parent. When the child is in Pather's
custody, Father will Initiate a telephone call from the child to Mother between the hours of 6:30
p.m. and 7:00 p,m. With the exception of this telephone contact, each parent's contacl with
and access to the child Is limited to those periods of physical custody expressly set forth in this
order.
15. Neither party shall discuss "adult" Issues with the child, or allow third parties to
do so. If Mother develops any concerns or suspicions of a sexual nature regarding the child,
Mother first shall notify Ms. Russell, and then Ms, Salem and Ms. Hart. These professionals
shall determine whether any refermls or reports to the police, Children and Youth Services, or
Chlldllne shall be made.
5
16. Neither party shall engage In any conduct, whether verbal or otherwise, which
denigrates the other parent or the other parent's family members,
17. Absent an emergency or similar circumstance, neither party shall conlaellhe other
party or the other party's family members.
18. Both parties will ensure that the child adjusts to the change in the custody schedule
by providing her with support and nurturance.
19. If either party fails to comply with the terms of this Order, or with Ms, Salem's
recommendations, then on motion of either party, the Court will set a hearing wlthoullhe need
for concillalion.
-/
BY THE COURT.. Y
/
Edgar B. Bayley, J.
-co-pUaJ Jll1.lLJt
O.'/0Q1
Ill, :J
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JERRY AU.HN
PLAINTI!'!'
v,
KIMOERLHI! WARD
llIi1'HNI)ANT
IN TIlE ('OUIU' OH'OMMllN I'WAS (IF
('IIMIIEIU.AND ('01 INTY.I'ENNSYl.V ANIA
95.4500 ('IVI L At' nON LA W
IN ('USToIlY
OKm:11 CW ('()(lK'I'
ANIl NOW. Monda)', Marth 19. ZOOI . uplln cllnsillcrulilln of thc ulluchcll ('lImpluinl.
Ills hereby directed thaI parties and their rcspcctivc connscluppcur helorc ~UawnS, Sundar!t~,_____, thc conciliator.
at 39 Well Main Slreel, Mec:hanlnburll.I'A 17055 IIn \Wduuda)'. AprllIR. ZOOI al 1100 p,m.
for a l're-lIearing Custody Cllnfercnce. Al such conl'crencc, un eniltl will hc l11ullc III reslllvc Ihe issucs inllispule; or
Iflhis cannot hc accomplished, to de line und nurrow thc issues III he hcurd h)' Ihe cuurl, and 10 cnler intu ulelllpllrury
urder, All ehildren age live ur older l11ay IIlso he prcsenlulthc conl'crcnec, Fuilure to uppeur IItlhe cunfcrenec l11ay
Ilrovide grounds for entry of a lelllporary ur pennllncnl order.
I'OR TilE COlmT.
lIy: 1.1
DIlWLSJll/1d~~-EYl.M
('ustUlly ('lInciliulor
'l1,e Courl OfCUlllnllln !'Iells ofCumherlulll1 Counl)' is re1luired by luw 10 comply with Ihe
Americans with Disllbilites Act of 11)1)(), Fur inlormlltionllbuuluccessiblc fucilities ullll reusonuhle
aecolllmudutions available lu disublcd individulIls hlll'lng husiuess hclorc the cuurl. pleasc conlucl uur ullicc,
All arrangemenls l11usl be nlude ulleasl 72 huurs prior 10 IIn)' hCllrill~ IIr husincss belore Ihe court. YIIUl11ust
attend the scheduled eonl'crcnce or hellrinll.
YOII SIIOlJl,DTAKE TillS l'AI'Elt Hl Y(llJlt ATlIlItNEY AT (IN('E. IF n>l' Iltl Nt IT
IIA Vii AN ATI'ORNEV OR CANNOT AFFOltIl ONE, tiO TO Olt TELEI'IIONE Till: OFFI( 'E SET
FORTlIIlIiLOW TO FIND OIlT WIlEltE VOII ('AN tiETI.HiAL IIELl'.
t 'umherlullll ('ounl)' IIlIr AssllclUlilln
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JERRY AI,LEN,
PI.lntlRlRelpondent
: IN TIlE COURT OF COMMON PUAS
: CUMBERLAND COUNTY, PENNSYIN ANIA
: NO. 9!l-4!1llOCIVII.1'ERM
v.
KIMBERLEE WARD,
Ddend.nUPetUloner
: CIVil, ACTION - LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, upon considemtion of the ulluehed Petition, it is hereby directed thut the
purties und Iheir respective counsel uppeur before,
, Esquire, the Coneiliutor, on Ihe _ duy of 2001, ut
,M" ut the 4th Floor, Cumberlund County Courthouse, Curlisle, Pennsylvuniu, for a
Pre-Hearing Custody Conference, At such Conference, un effort will be made to resolve the issues
in dispute; or if Ihls cannot be accomplished, to define and narrow the issues to be heunl by the
Court, and to enter into a Tempomry Order, All children age five or older may also be present at
the Conference, Failure to appear at the Conference may provide grounds for tlte entry of a
temporary or pemlanent Order, Notificution to tlte Defendunl by lite Prothonotury's Office is
waived.
For lite Court,
Date of Order:
By:
Custody Conciliutor
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE,
IF YOU DO NOT IIA VE A LA WYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberlund COllllty Bur Associution
2 Liberty A venue
Curlisle, I' A 17013
(717)249-3166
Jt:RRV AI.UN,
PI.lnllRlRelpondenl
: IN TilE COURT OF COMMON PI.EAS
: C:UMUt:RJ.AND COUNTY, PENNSVI, VANIA
: NO. 9!1- 4!100 CIVIl. TERM
v.
KIMUERI,Et: WARD,
Derend.nllPelllloner
: CIVIl. ACTION. J.AW
: IN CUSTOny
March 7,1995,
PETITION '1'0 MODIFY I<:XISTING CUSTODY ORDER
AND COMES NOW, Petitioner, Khnherlee Ward, hy und through his uttonleys, Jumes,
Smith, Durkin & Connelly, LLP hy John J. Connelly, Jr,. Esquire, and nics the following Pelition
10 Modii)' Exisling Custody Order and in support thereof. respectfully represents us follows:
I. Your Petitioner is Kimherlee Ward. who currently resides ut 5 II West CumberlWld
Road, Enola, Cumberland Counly, Pennsylvunia ,
2, The Respondent is Jerry Allen, who currently resides ul253 South Hill Drive,
Grantville, Dauphin County, Pennsylvania,
3, The parties arc the purents of one minor children. Kutuleenu Ward, dule ofhlrth
4, On December ICt. 1999, un OrdcrofCourt wus entered in the uhove-captloned
ucllon, A copy of the Order is uttuehed hereto and murked Exhlhit "A",
5, Suhsequenl to the cntry of the Order, your Petitioner hus heenlnvolved In on going
counseling hoth with Deh Sulemut Inner Works uml her personul counselor. Kulhy Russell.
Ct, Despite continuing uttcmpts tu cXllllnd her time UIUJto rctunl 10 the shured custody
urrul1gemel1t which existed priur tu the Ordcr duted Deccmbcr ICt, 1999 In lhls mutter, the
Respondent has failed and refused to cooperate in the expansion of the Petitioner's time with tho
child,
7, It is clearly contemplated by the report of Deborah Salem and the entry of the
Interim Orner that the parties would retum to a shared custody arrangement at a point in time in tho
future, The point in timo has arrived given the efforts made by the Petitioner in resolving her
personal issues,
WHEREFORE, your Petitioner, Kimberlee Warn, requests that the Court return to the
shared custody IIITlII1gement.
Respectfully submitted,
JAMES, SMITH, DURKIN" CONNELl. Y LLP
Dale: 08 -o8-ot
,
VERIFICATION
I vcrify that thc statcmenls made in this Pleading arc lnle and correct. I understand that
falsc statemcnts hcrein arc made suhject to the penallies of 18 Pa.C,S, Section 4904 relating to
unsworn falsification 10 authorities.
Datc: OJ--O'"J.:Jl1
-
EXHIBIT "A"
TherelUl Barrell Mal.
Supreme Court '46439
II SPine Slreel
Hmi.bur., PA 1710\
(7\1) 233.3220
Coun..1 Fur Plaintiff
~~~Y
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JERRY ALLEN,
Plaintiff
v.
95-4500 Civil Term
KIMBERLEE WARD,
Defendant
CIVIL ACTION. CUSTODY
AND NOW, December
ORDER OF COURT
1b +h ,1999, upon agreement of the parties, the Court
ORDERS as follows:
1. The parties will share legal custody of Kataleena Ward (DOB: 03/07/95) as
defined In 23 Pa. C.S,A. ~ 5302: "Legal custody is the right to make major decisions affecting
the best interest of a minor child, including, but not limited to, medical, religious and
educational decisions. "
2. Defendam ("Mother") shall undergo therapy as recommended in lhe custody
evaluation, and specifically the Recommendations section, performed by Deborah L, Salem,
MHS, CAC, Director of InnerWorks. Prior to entry of this order. Mother secured the services
of Kalhy Russell, and has allended three (3) sessions lhus far, Ms. Salem will monitor Mother's
therapeutic progress ill additioll 10 maintaining cOlllact with lhe child's lherapist. MOlher's
periods of cuslody arc contingent on her allendance and participation in the lherapy directed in
her report by Ms. Salem,
3, Deborah Salem will delermine when the parties should begin parenling counseling
to be provided by her, Each party shall be responsible solely for lhe costs of hislher Individual
sessions with Ms. Salem. The parties shall share equally the costs of joint sessions after
application of insurance,
4. The parties shall conlinue counseling for lhe child wilh Jessica Hart, The child's
sessions shall be paid by each parent on a pro-rata basis according 10 lheir current income levels,
after application of all relevant insurance, Each parly shall be responsible solely for his/her
sessions with the child's counselor. '
5. Plaintiff ("Father") shail have primary physical custody.
6. Beginning Friday, December 17, 1999, Mother w\ll have partial cuslody on
aiternating weekends from Friday at 6:00 p,m. until Sunday at 6:00 p,m,
7. Subject to the terms of paragraphs 2 and 3, Mother w\ll have partial custody on
alternating Mondays from 4:00 p.m, 108:00 p,m, beginning January 10, 2000. Father, or his
designee, shall deliver the child to Mother at Inner Works at 4:00 p,m, Mother, or her
designee, shall deliver the child to Falher in lhe parking lot of the Lower Paxton Pollee
Department at 8:00 p,m. Ms. Hart will meel with the child as close 10 lhese periods as Ms.
Harl's schedule allows, After Molher has had three (3) Monday visits, Ms, Salem, Ms. Hart
and Ms, Russell will recommend whether to mainlain these contacts, expand lhem, or eliminate
them, If lhese contacts are expanded, then the alternating Mondays will cease and the contacts
1
.
will occur every Wednesday from 4:00 p.m. to 8:00 p.m., whh lhe exchanges to occur as set
forth In this paragraph.
8. For holidays In odd-numbered years:
a, for Easter, Father will have custody from
Holy Saturday at 8:00 p.m, through EaSler Sunday
at 8:00 p,m, If this holiday falls on Falher's
weekend, he will maintain custody through lhe
weekend until 8:00 p.m.
b, on Thanksgiving Day, Mother shall have
custody from 8:00 a.m. until 8:00 p.m.
c. for the Christmas holiday, Mother shall have
custody from December 24 at 2:00 p,m. to Decem-
ber 25 at 2:00 p.m., and Father shall have custody
from December 25 at 2:00 p.m. until December 26
at 2:00 p.m.
d. Mother shall have custody on July Fourth
from 8:00 a.m. to 8:00 p,m.
e. Father shall have custody on Memorial Day
and Labor Day from 8:00 a.m. 108:00 p.m.
3
9, For holidays in even-numbered years:
a. for EaSIer, Mother will have custody from
Holy Saturday at 8:00 p. m, through Easter Sunday
at 8:00 p,m, If lhis holiday falls on Mother's
weekend, she will maintain cuslody lhrough the
weekend until 8:00 p.m,
b. on Thanksgiving Day, Father shall have
custody from 8:00 a,m. until 8:00 p,m.
c, for the Christmas holiday, Father shall have
from December 24 at 2:00 p.m. to December 25 at
2:00 p,m., and Mother shall have custody from
December 25 at 2:00 p.m. until December 26 at
2:00 p,m.
d. Father shall have custody on July Fourth
from 8:00 a.m. to 8:00 p,m.
e. Mother shall have custody on Memorial Day
and Labor Day from 8:00 a,m. to 8:00 p.m.
10. In all years, MOlher's Day from 8:00 a,m. to 8:00 p.m. is reserved to Mother;
Father's Day from 8:00 a,m, to 8:00 P,I\I, is reserved to Father. In all years, the non-custodial
parent shall have cuslody of the child for three (3) hours on her birthday.
4
II. Each party shall enjoy two (2) non-consecutive weeks of unincerrupted vacation
with the child during the summer months provided each gives the olher shtty (60) days' wrillen
notice of the dates selected,
12. Holidays shall lake precedence over the regular custody period,
13. Father, or his designee, shall deliver the child to Mother In the parking lot of the
East Pennsboro Police Department atlhe beginning of Mother's custody periods, Mother, or
her designee, shall deliver the child to Falher In the parking lot of the Lower Paxton Police
Department at the conclusion of Mother's cuslody periods, Deborah L. Salem will address Ihe
custody exchange issue in her parenting counseling.
14. Excluding vacation periods and limes when the parties are out of town with the
child, each parent shall have reasonable telephone access, I.e., no more than one <I> call per
day, to the chUd when she Is in the custody of the other parent. When the child is In Father's'
custody, father will initiate a telephone call from the child to Mother between the hours of 6:30
p.m. and 7:00 p,m. With the exception of this telephone contact, each parent's contact with
and access to the chUd is limited to those periods of physical custody expressly set forth in this
order.
IS, Neither party shall discuss "adult" issues wilh the child, or allow third parties to
do so. If Mother develops any concems or suspicions of a sexual nature regarding the child,
Mother lirst shall nOlify Ms. Russell, and then Ms. Salem and Ms, Hart, These professionals
shall determine whether any referrals or reports to the pollee, Children and Youth Services, or
Chlldline shall be made.
5
.
16, Neither party shall engage in any conducl, whelher verbal or otherwise, which
denigrales lhe olher parent or lhe olher parcnl's family members,
17, Absenl an emergency or similar clrcumSlance, nehher party shall conlaCllhe olher
party or lite ollter party's family members.
18. Bollt parties will ensure lhal the child adjuslS 10 the change In lite cuslody schedule
by providing her wilh support and nurturance,
19. If eilher party falls 10 comply wlllt lhe lerms of lhis Order, or with Ms, Salem's
recommendations, lIten on motion of either party, lite Court will set a hearing without the need
for conciliation.
BY THE COURT.'
/Y!JrAJ e ~/r
Edg . Bayley. J.
TRUE COpy FROM ReCORD
In TIts1lmfl"Y \'IIhnr~m, IlIeM unto lit my_
:JtJJ:i Q~,.~It1 ~1)~~ClrIIale.
~aVI
PrmtlolYJlMY
6
JERRY AU,EN,
Plaintiff/Respondent
:IN TilE COURT OF COMMON PI,EAS
: CUMBERI.AND COUNTY, PENNSYIN ANIA
I
: NO. 95 - 4500 CIVil, TERM
v,
KIMBERUE WARD,
Defend.nt/Petltloner
: CIVil, ACfION -I,AW
I IN CUSTODY
CERTIFICATE OF SERVICE
I, John J. Connelly, Jr" Esquire, of James, Smith, Durkin & Connelly, LLP allomey for the
Petitioner, Kimberlee Ward, hereby certify that I have served u copy ofthe foregoing Petition to
ModifY Existing Custody Order on the following on the date and in the manner indicated below:
V.S MAIL FIRST CI.ASS. PRE-PAID
Theresa Barrell Male, Esquire
S 13 North Second Street
Hnnisburll, PA 17\01
JAMES, SMITII, DURKIN" CONNEU. \' I,LP
DATE: Dj~D~-DI
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JERRY ALLEN,
I IN TilE CXXJRT OF OCMMOO PLEAS OF
I CUMBERLAND COONTY, PENNSYLVANIA
I
I NO, 95-4500 CIVIL TERM
I
I CIVIL ACTION - LAW
I IN CUSTODY
Plaintiff
vs.
KIMBERLEE WARD,
Defendant
alIlIIR ~ axm
All) tuf, this ~ '1
conaideratioo of the atta ed
and directed as followsl
day of ~
CUstody conci at on Report,
, 2001, upon
it is ordered
1. 'ltle prior Order of this COurt dated December 16, 1999, is vacated
and replaced with this ~r.
2. 'ltle Father, Jerry Allen, and the Mother, Kimberlee Ward, shall
have shared 119al custody of Kataleena Ward, born March 7, 1995, Each
parent shall have an equal right, to be exercised jointly with the other
parent, to make all majOE' non-emergency decisiona affecting the Child's
general well-being including, oot not limited to, all decisiona regarding
hsr hHlth, educatioo and religion.
3, Mother shall l.I'ldergo therapy ll8 recannenc:led in the custody
evaluatioo performed by Deborsh L. salem, MHS, CAC, Director of Inner
works. Pricr to entry of this order, Mother secured the servicea of Kathy
RuaHll. Ms, salem will monitor the Mother's therapeutic progress in
additioo to l1lIintaining contact with the Child's therapist. 'l11e Mother's
periods of custody are contingent 00 her attendance and participatioo in
the therapy directed in her report by Ms. Salem, 'ltle Mother shall obtain
an update fran Ms, Russell as to the statua of her therapy and shall obtain
reccmnendationa~ ae to whether additional therapy is advisable.
4, 'ltle parties shall resume their course of parenting counselin;J with
Deborah Salem, Each party shall contact Ms, salem within two weeks of the
date of this Order in order to schedule the next session. Each party shall
be responsible 80lely for the cost of his/her individual sessions. 'ltle
parties shall equally share the costs of joint sessions after application
of insurance.
5. 'ltle parties shall initiate counseling for the Child with Bonnie
Howard. The Child's sessions shall be paid by each parent 00 a pro-rats
basis according to his or her current income level after application of all
relevant insurance. Each party shall be responsible solely for his or her
sessions with the Child's counselor. 'ltle Mother shall contact Bonnie
Howard within two weeks of the date of this Order to schedule an initial
meeting .
6. Peneling further order of COurt or agreement of the parties, the
B, Even numbered years:
(1.) For Easter, Mother will have custody fran 1I01y saturday
at 8100 p.m. through Easter sunday at 8:00 p.m. If this
parti.s shall have physical cuatody of the Child as follows:
A. The Father shall have primary physical custody of the Child.
B, 'l11e Mother shall have partial physical custody of the Child on
alternating weekends from Friday at 1130 p.m. through sunday
at 7100 p.m.
C. In addition, the Mother shall have custody of the Child every
weekday from 1130 p.m. through 5:30 p.m.
D. l'Ilen th8 Child is at day care on weekdays, the Mother shall
pick up the Child directly fran day care. If the Child is not
attending day care during the SUlTlll8r, the arrangements for the
Mother to obtain custody of the Child shall be elltablillhed by
agreement of the parties.
E. Cll all weekdays, the Mother shall trlllUlfer cuatody of the
Child to the Father at the Wendy's restaurant CXl Front Street
in Harrisburg.
7, 'l11e parties llhall obtain reconmendatlona from Deborsh Salem, with
participation by Bonnie Howard and Kathy Russell, as to the advisability of
..panding OE' otherwise nIldifying the custody arrangementa in the foregoing
pC'Ovision.
8, 'ltIe parties shall continue to have custody of the Child on
holidays as followsl
A, Odd nurrberttd years:
(1,) For Easter, Father will havs custody from Holy Saturday
at 8:00 p.rn, through Easter Sunday at 8:00 p.m. If this
holiday falls on Father's weekend, he will maintain cuatody
through the weekend until 8100 p.m.
(2,) Cll Thanksgiving Day, Mother ahall have custody fran 8:00
a,m. until 8100 p.m.
(3. ) FOE' the Christmas holiday, Mother shall have custody
fran Decenber 24 at 2100 p.m. until Decerrber 25 at 2100 p.m"
and Father shall have custody fran Decerrber 25 at 2:00 p,m,
until Decenber 26 at 2100 p.m.
(4.) Mother shall have custody CXl July 4th from 8100 a.m.
until 8100 p.m.
(5,) Father shall have custody CXl Memorial Day and Labor Day
fran 8100 a.m. until 8100 p.m.
holiday falls on Mother's weekend, she will l1lo!Iintain custody
through the weekend until 8100 p.m.
(2.) ()J '1tIanksgiving Day, Father shall have custody from 8100
a.m, until 8100 p.m.
(3.) For the Olristmas holiday, Father shall have custody
from DecellDer 24 at 2100 p.m. until Decenber 25 at 2100 p.m.,
and Mother shall have custody from Decentler 25 at 2100 p.m.
until DecellDer 26 at 2100 p.m.
(4.) Father shall have custody on July 4th from 8100 a.m.
until 8100 p.m.
(5. ) Mother shall have custody on Memorial Day and Labor Day
from 8100 a.m. until 8100 p.m.
C. '1tIe Mother shall have custody of the Olild every year on
Mother's Day from 8100 a.m. until 8100 p,m. and the Father
shall have custody of the Olild every year on Father's Day
from 8100 a.m. until 8100 p.m.
D. In every year, the non-custodial parent shall haV8 custody of
the Child for three hours on the Child's birthday.
E, '1tIe holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
9. Each party shall be entitled to have custody of the Olild for two
non-consecutive weeks of uninterrupted vacation during the SUlllll8r school
break each year upon providing at least 60 days advance written notice to
the other party. The party who provides notice first shall be entitled to
preference on his or her selection cf vacation dates, In 2001, the Father
has selected vacation periods of custody with the Child from July 25
through August 1 and from August 12 through August 19. In 2001, the Mother
has selected a vacation period of custody with the Child from July 2
through July 9, with the second week to be selected at a later date.
10. Neither party shall discuss "adult" issues with the Child, or
allow third parties to do 80. If the Mother develops any concerns or
suspicions of a sexual nature regarding the Child, the Mother first shall
notify Ms. Russell, and then Ms. Salem and Ms. Howard. These professionals
shall determine whether any referrals or reports tc the police, Children
and Youth services, or Olildline shall be made.
11. Each party shall ensure that the other party has his or her
current mailing address and telephone number.
12. The parties shall share information pertaining to the Child's
scheduled activities.
13. Both parties shall be entitled to contact the Olild's day care
provider in order to obtain information concerning the day care or discuss
issues concerning the Child.
14. Neither pIIrty Ihall engage in any conduct, whether verbal or
O!:heN1ee/ whidl denigratea the other pIIrent or the other pllrent's famUy
rnenoers.
15. Both pIIrties shall ensure that the OlUd adjustll to the dlange in
the custody sdledule by providing her with lIupport IInd nurturance.
16. If either pIIrty faUII to CXlf1{lly with the terms of this Order, or
with Ms. &lll11's reconmendations, then on motion of either pIIrty, the Court
will ..t a hearing without the need for conciliation.
17. The parties and counsel shall attend a Seoond Custody Conciliation
COnference in the office of the Conciliator, Dawn s. Sunday, Esquire, on
Auguat 1, 2001 at 11100 a.m.
18. '111is Order is entered pursuant to an agreement of the parties at a
c.\latody Conciliation Conference. The partiea may mocUfy the prov1aiona of
thi. Q:der by ITlItual conaent. In the abaenc:e of ITlItual oonaent, the terms
of this Order shall control.
J;'/
CCI '1tIereaa Barrett Male, EsquinJ - Counsel for Father:/
John J, ():)nnelly, Jr., Esquire - Ocunsel for Mother
1'\,0\
'),\
,
Plaintiff
I IN THE OOURT OF <:nIfolOO PLEAS OF
I CUMBERLAND COON'l'Y, PENNSYLVANIA
I
I NO, 95-4500 CIVIL TERM
I
I CIVIL ACTIOO - LAW
I IN cusrooy
JERRY ALL~,
vs.
KIMBERLEE WARD,
Defendant
PIWIl JIIXIII BlJiIar B. Blyley
aB10Jr aJlCILIA'l'IOI BlJIW(Y RJIP(R1'
III ~ W1'1'H a--uNlD a:DftY IlIU ar CIVIL i'IV--1UI
1915.3-8, the undersigned CUstody Conciliator submits the following reportl
1. 'ItlI pertinent informatioo concernin;J the Child who is the subject
of thill Utigatioo is as follows I
!!!!!
KatalHna WArd
M'l'Il ar BIR'l'II
aRIIrft,y III 0............ ar
March 7, 1995
Father
2. A ooncUiatioo Conference was held 00 May 1, 2001, with the
followilJ,J individuala in attendance I the Father, Jerry Allen, with his
COInHI, 'ltIere8ll Barrett Male, Esquire, and the Mother, Kirrberlee Ward,
with hlr counsel, John J. ConnBlly, Jr., EsqUire.
3. 'ltIe parties agreed to ..try of an Clrder in the form as attached.
1!1~ if ..'Jnt'JJ
Date , f ..
tJJ4~cl(J~
Dawn S. Sunday, EsqUire
CUstody conciliator
COURT 01' COMMON PLEAS OF CUMUERLAND COUNTY, PENNSYLVANIA
JERRY ALLEN,
Plaintiff
v,
95-4500 Civil Term
KIMBERLEE WARD.
Defendant
CIVIL ACTION- CUSTODY
PRAECIPE
To IIIe Prolllonolaf)','
Please withdraw the appearance of Theresa Barrell Male, Esquire and enter the
appearance of Donald T, Kissinger, Esquire on behalf of Plaintiff in this proceeding,
~M-avUz~t'-
Theresa Barrell Male, Esquire
7'/
,2001
Date: May
JERRY ALLEN,
: IN TIlE COURT OF COMMON~~toOI
: CUMBERI.AND COUNTY, I'ENNSYLVANIA
l'luinllrr
\'5.
: NO,9S.4S0ll
CIVIl. TERM
KIMBERLEE WARD,
Defellllunl
: IN CUSTODY
/'
ORDER OF COURT
AND NOW, lhis 19th duy ofSeplel1lber, 200\, Ihe Coneiliulor, huving received no conlnct
from counsel for either purty within lhe lusl 30 days to reschedule the Cuslody Coneiliutlon
Conference which was initially set for Augusl \, 200 I, hereby relinquishes jurisdielion,
FOR THE COURT.
[]~c.../j J<.--clc?'-i
Dawn S, Sunday, Esquire
Custody Coneiliulor
\ .
JERRY W. ALLEN
I'LAIN1WF
IN TilE COURT OF ('OMMON I'LEAS OF
CUMIIERLANI> COUNTY. PHNNSYLV ANIA
v,
9!1-4!100 CIVIL ACTION LAW
KIMDERLEE WARD
1>E1'IlNI>ANT
IN ClISTOI>V
ORnER OF ('OIlRT
AND NOW. FrldlY, DKcmber 10, 1001 . upon consideration of lhe ullaehed Complaint.
it is hereby dlrectcd that parties and lheir respeelive counsel appear hefore nlwn S. Sunday. Elq. . the conciliator.
at 39 Well Main Slreel, Mechlnlclburl. PA 17055 on Wednelday, Jlnulry 15. 1003 at 10130 AM
for 0 Pre-Heorinll CuslOOy Conference, At such conference. un effort will be made to resolve the issues in dlspule; or
if this cannot be ueeomplished, to define and narrow the issues to be heard by Ihe court. and to enter into a temlKlrary
order, All children aile five or older may also be presenl 01 the conference, Failure 10 appear at the conference may
provide Ilrounds for enlry ofo temporary or perolanent order,
Tbe court hereby dlrectl Ibe partlel 10 furnish Iny Ind III esbllna prolettlon from Abule orders.
Spedll Relief orders, and Custody orders 10 the condnltor 48 houn prior to scheduled hurlnl.
I'OR TIll! cmJltT.
lIy: III
DaWII S, SllIIday, Esq?
('uslmly Conciliator
The ('ourt ofComnllll1Pleas ofCumberlund County is required by law to eOl11llly wilh the Americans
with Disabilltes Act of 1990, For infonnatlon about accessible tucllities and reasonable accommodalions
available to disabled individuals having business belorc lhe court, please conluct our oll1ce, All arrangemenls
musl be made at least 72 hours prior to uny hearhlll or business betilrc the court. Yuul11usl allcnd the
scheduled conference or hearinll.
yOu SIIOULD TAKE TillS l'AI'Hll TO YOUll A'I'I"OllNHY AT ONCE. II' VOll DO NOT
IIA VE AN ATroRNEV all CANNOT AFFOlll> ONE, liO TO Oil TEI.EPIIONE TIll! OFFICE SET
FORTIIIIELOW TO FIND OUT WIlEllE "Oil CAN (lET LH<iAL liEU'.
Cumberland ('nuuty \lar Associalinn
2 \.ibcrty Avcnue
Curlisle, Pennsylvunhl 17lll.1
Telephnne (717) 241J.31c.r.
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IN TIlE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
JERRY W, ALLEN,
PlaintilT
CUSTODY /VISIT ATlON
KIMBERLEE WARD
Defendant
No. 95-4500 CIVIL TERM
ORDER OF COURT
AND NOW, December 12,2002, upon consideration orthe allachcd complaint, it is
hereby directed that thc parties and their respective counsel appear bcfore
, the conciliator, at on thc
day of ' 20_, at m., for a Pre-
Hearing Custody Conference, At such conference, an elTort will be made to resolve the issues in
dispute; or If this cannot be accomplished, to deline and narrow the issues to be heard by the
court, and to enter into a temporary order, All children age live or older may also be present at
the conferenee, Failure to appear al the conference may provide grounds for entry of a temporary
or pennanent order.
FOR THE COURT:
Custody Conciliator
The Court of Common Pleas of Cumberland Counly is required by law to comply wilh
the Americans with Disabilities Ael of 1990, For infomlalion about accessible facilities and
reasonable accommodations available 10 disabled individuals having business before the court,
please contact our office. All arrangemcnls must be made allenst 72 hours prior to any hearing
or business before the court, You must allend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER FOR YOUR LA WYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE
OFFICE SET FORTII BELOW TO FIND OUT WIIERE YOU CAN GIlt LEGAL HELP.
CUMBERLAND COUNTY BAI{ ASSOCIATION
2 Liherty Avenue
Curlisle. PA 17013
(717) 241)-3 \(10
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA
JERRY W, ALLEN,
Plainli IT
)
)
)
)
)
)
)
CIVIL ACTION - LAW
CUSTODY /VISIT A TION
NO. 95-4500 CIVIL TERM
v.
KIMBERLEE WARD,
Defendanl
ORDER m' COURT
You, Kimberlcc Ward, Defcndant, have been sued in court to modify thc cxisting custody
order involving Katalcena Ward,
You arc ordercd 10 appear in person al
_,m, for
. at
. on
o a conciliation or mediation conference,
o a prctrial conference,
o a hcaring before the court,
If you fall to appear as provided by this order, an order for cuslody, partial custody or
visltatlonll1ay be entered against you or the court may issue a warrant for your arrest,
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 Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249.3\66
AMERICANS WlTlt DISABILITIES ACT OF \990
The Court of Common Pleus of Cumberland Counly is rC4uircd by law 10 comply with the
Americans with Disabilities Acl of 1990. For informalion abouluccessible fucilitics and
reasonable accommodullons uvuilublc III disablcd individuals bavinll busincss before tbc court.
please contact our office, AlIurranllemcnls must be mudc utlcasl 72 hours prior to any hcaring
or business before the court. Youmusl alienI! Ihe scheduled confercncc or hearing.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I'ENNSYL VANIA
JERRY W, ALLEN,
PlaintifT
v,
)
)
)
)
)
)
)
CIVIL ACTION - LA W
CUSTODY/VISITATION
NO, 95-4500 CIVIL TERM
KIMBERLEE WARD,
Defendant
PETITION TO MODIFY t:XISTING CUSTODY ORDER
AND NOW, comes Plaintiff, Jerry W, Allen, by and through his counsel, Howell,
Kissinger & Conley, P,C" who hereby files lhe inslant Petition to Modify Existing Custody
Onler and in support thereof avers as follows:
I. Petitioner is Jerry W, Allen, Plainllfflnthc above-captioned custody
aellon, who currently resides at 253 Soulh Hill Drive, Grantvillc, Dauphin County, Pennsylvania
17028.
2, Respondent is Kimberlee Ward, Defendant in lhe above-eaplloned custody
action.
3, Respondenl is currently incarcerated In Lebanon County prison, with an
expected release datc of May 13,2003, as a result of violating her parole from a conviction
stemming from a multi-county burglary spree In 2001,
4. Respondent also faces various felony chllrgcs against her in Lancaster
County, IInd Petllloncr believes and therefore avcrs that, upon her rclease from Lebanon County
prison. she will be incarcerated iu Lancllstcr County prisou. Additionally, Respoudellt has open
charges pending against her in Cumhcrlund County,
'-j..~.,-_.,
S, On May 17,2001, prior to Respondent's incarceration, a custody order
was entered which gave the parties shared legal custody with Petitioner being the primary
physical custodian, A true and correct copy of the May 17,2001 Order is allaehed hereto as
Exhibit "A" and is incorporated herein by reference thereto.
6, The May 17,2001 Order should be modified because therc have been
material changes in circumstances including, i/llcr ClIiCl, Respondent's continued incarceration
and her failure to comply with the tenns of the May 17,2001 Order before her incarceration, and
the impracticability of said Order given the child's current circumstances,
WHEREFORE, Pelitioner respectfully requests the Court modify the existing custody
order to provide Petitioner with sole legal custody and modify Respondent's rights of partial
physical custody to supervised visitation upon her release from incarceration,
Date:
/z/z.~"-c
. f
"
Donald T. Kissinger, Esquire
HOWETT, KISSINGER & C
130 Walnut Street
P,O, Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff, Jerry W, Allen
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JERRY W, ALLEN,
PlainlitT
v,
KIMBERLEE WARD,
Defendant
)
)
)
)
)
)
)
NO, 95-4500 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY /VISIT A TION
n:RT....ICAn: OF SERVICE
I. Donald T, Kissinger, Bsqulre. counsel for Jerry W, Allen, Plalnliffln the above-
captioned action, hereby certify that a true and correct copy of the foregoing Petition to Modify
Existing Custody Order was served upon Defendant. Klmberlee Ward. by depositing same In the
United States mall, certllied mall. return receipt requested. on December 12, 2002. addressed as
follows:
Date:
17~z-;i~
I
Ms. KllI1berlee Ward
Lebanon County Prison
730 Walnut Slreet
Lebanon, PA 17042
~
~
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Donuld T, Kissinger. Esqui e
1l0WETT, KISSINGER &
'30 Walnul Slreel
1',0. Box Bill
llarrishurll,I'A 17 illS
Telellhonc: 717-234-2ClICl
Counscl for I'lninli n~ Jerry W. Allcn
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v,
)
)
)
)
)
)
)
CIVIL ACTION - LAW
IN CUSTODY
JERRY ALLEN,
Plaintiff
NO. 95.4500 CIVIL TERM
KIMBERLEE WARD.
Dcfcndanl
PRAECI PE
TO TilE OFFICE OF PROTIIONOT ARY:
Thc Pctition to Modify Existing Cuslody Ordcr filcd by our oflicc on Dcccmbcr 20, 2002
fallcd 10 havc attachcd a vcrification signcd by Plaintiff and a copy of Exhibit "A" rcfcrcnccd in
thc pclition, Kindly include the attachcd Exhibil"A" and vcrificulionlo thc cuslody
modification pctltlon.
Rc lcclfully submitlcd,
{h~
-'
Dalc:
Donald T, Kissinger, sql i
HOWETT, KISSINGER &
\30 Walnut Strccl
P.O, Box 810
Harrisburg, PA 17108
Telcphonc: (717) 234.2616
Counscl for Plainlin; Jcrry W. Allcn
, :
(
JERRlC ALLEN,
I IN THE <nJRT OF CX:1f1OO PLEAS OF
I ct.tIBERLANO <XXlNTY, PfHlSYLVANIA
I
I
I
I
I
Plaintiff
vs,
NO. 95-4500 CIVIL TERM 0 W m
CIVIL Ac:rIOO _ LAW fijl m @ m ~
IN CUSTOOV 1~1 ,\'.\'1 2 1 2001 ~
KIMBERLEE WARD,
Defendant
B
t1U)f]t OF alJRT
AND tot, this 1'7 day of
consideratioo of the at~custody Conc
and directed as fol1owsI
, 2001, upon
t is ordered
1. 'ltle pdor Ot"der of this Court dated Decerrber 16, 1999, is vacated
and replaced with this Ot"'der.
2, 'ltle Father, Jerry Allen, and the Mother, KirrberlH Ward, shall
have shared leqal custody of Kataltena Ward, bom March 7, 1995. Each
parent shall have an squal right, to be exercised jointly with the other
parent, to make all majot' non-emergency decidona affectill;j the Child's
general well-beill;j includill;j, but not limited to, all decilions reqarding
her health, Bducatioo snd religion,
3. Mother shall I.Il<lBrgo therapy as recatll'8nded in the custody
evaluation plrformed by Deborah L. salem, ~HS, CAC, Oirector of Inner
WOrks. prior to entry cf this order, Mother Hcured thl services of Kathy
RUIsell. Ms. salem will monitor the Mother's theraplutic progress in
addition to maintaining contact with the Child's therapist. 'ltle Mother's
plr10ds of CUlItody are contill;jent 00 her attendance am participatioo in
the therapy directed in her report by Ms. salem. 'ltle Mother shall obtain
an updatl from Ms, Russell as to the status of her therapy and shall obtain
recanrendations as to \/hether additional therapy is advisable,
4, 'ltle parties shall resUllll their course of parentill;j counselill;j with
Deborah salem. Each party shall contact Ms. salem within tllO weeks cf the
date of this Ot"d.r in order to schedule the next session. Each party shall
be responsible solely for the cost of his/her individual sessions. 'ltle
parties shall equally share the ccsUJ of joint sessions after application
of insurance.
S. 'ltle parties shall initiate counselill;j for the Child with Bonnie
Howard, 'Itle Child's sessions shall be paid by each parent 00 a pro-rata
basis according to his or l)er current income level after application of .all
rellvant insurance.. Each party shall be responsible solely for his or her
sessions with the Child's eounselor, 'Itl8 ~Iother shall. contact Bonnie
Howard within two weeks of the date of this order to schedule an initial
llI8eting,
the parties;' the
6. Pendill;j further Ot"der of Court or
EXHIBIT
I_~
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('
partie. .11 have phYlicll CUltody of thl auld u followll
A. The Father shall have primary phy.ical CUltody of the O1ild.
B. The Mothlr shall haVI partial physical CUltody cf the O1ild CI'l
alternati/llil w..kendl from Friday at 1130 p,m, through Sunday
at 7100 p.m.
C, In addition, the Mother shall have CUltody of thl Child eVlry
weekday fran 1130 p.m. through 5130 p.m.
D. \\tIen the Child is at day cara CI'l wtekdaYI, the Mother shall
pick l4l the Child directly fran day care. It the Child is not
attending day care during the I\J11llIr, the In'angtmlntal for the
Mother to obtlin cuatody of the O1ild shall be e.tabliahtd by
IlIrHllllllt of thl pertie..
E. Q'l all weekdaYI, the Mother lhall tranafer cu.stody of the
Olild tc thl Father at the WIndy'. nltaurant on f'r:ont StrHt
in Herriaburg,
7. '1h1 perti.. shall obtain ACOIlIllIndationa from Deborah Slltm, with
participation by lIoMie Howard and Kathy RUllIll, u to the adviNbility of
expanding OC' OthBrvisl l!Ildityi/llil the CUltody In'lll\IlI\lInt. in the forBIJoing
provision.
8. '1h1 partiel shall continue to have cuatody of the Child on
holidayl .. followll
A. Odd I'IUlItlBrtd yler.1
(1,) For: EI.ter, Father will have cuatody from Holy Slturdiy
It 8100 p.m, throuih Ellter SWlday It 8100 p.m. It this
holiday fill. CI'l Father'. weekend, he will maintain CUltody
through the "",kend \.I1til 8100 p.m,
(2.) en '1hInU9ivi/llil Dey, Mother shall have CUltody frcm 8100
I.m. until 8100 p.m,
(3. ) For: thl Chrhtmu holiclay, Mother shall have CUltody
from DeC8llblr 24 It 2100 p.m. \.I1til Dtcllltler 25 at 2100 p.m.,
and Flther lhall have cu.stody fran Dtcenar 25 at 2100 p.m.
until Declllbtr 26 at 2100 p.m.
(4,) Mother shall have cuatody on July 4th frcm 8100 a.m.
IJltil 8100 p.m,
(5.) Flther shall have cuatody on Memorial OIly and Labor Day
from 8100 a.m, until 8100 p.m.
B. Evsn n\llblrtd yserll
(1,) For Eutlr, Mother will haVI cu.stody fe-an Holy SlIturday
It SIOO p.m. thC'ough !altlr S\.IldIy at 8100 p.m. It this
(
holiday falll en Mothlr'l WHktnd, .nl will lMintlin CIlItoc!y
throu9h tht IiItktnd until BlOO p,m.
(2,) Q'l '1tIankl9iving Diy, Flthtr .n111 haVt CUltody fC'Cll1l BIOO
a,m. until BIOO p.m.
(3.) For tht O1riatmal holiday, Fathtr lhall haVt CUltoc!y
from Dlctlltler 24 It 2100 p.m. until OtclfTbtr 25 It 2100 p.m.,
and Mothtr Ihall haVt custody from Dlctll'btr 25 at 2100 p,m.
until Dlcear 26 at 2100 p.m.
(4.) Father shall haVt custody on July 4th from BlOO a,m.
until B:OO p,m.
(5,) Mothtr shall haVt custody on Memorial DIy and Labor DIy
fran BlOO I.m, until BlOO p,m.
c. '1tI1 Mothlr Ihall haVt custody of the O1ild IVtry VIIr en
Mothtr's cay from BIOO a,m, until BIOO p,m, and the Flther
lhall haVl CIlItoc!y of the O1ild Ivery ysar on Father'l DIy
fran SIOO a.m, until SIOO p,m,
D. In every ysar, thl non-cuatodial parent .nlll haVI CUltody of
till Child for thrtl houri en tht O1iWI birthday.
E, '1tIt holiday CIlItoc!y IChtdull 1ha11 lupar.tde and tiki
prscldtnce oVlr the rl9ular CIlItoc!y Ichtdult,
9. Each party lIhlll be entitled to haVI CIlItody of tht Child fcr two
non-conaecutive wtlkl of uninttr:ruptld vlcation durlng tht slllll1ltr Ichool
b&-tak Hch ysll: t.:pCXl providing at le..t 60 days advanct vri tttn notice to
the othtr party. The party vho proddls notice firlt shall be tntitlld to
praftrsncI cn his or her IIltction of vacation datel, In 2001, tht Fathtr
hu .tltctld vacation per:100. of custody with tht Child from July 25
throUC;h AlIJIlat 1 and from August 12 throuc;h AU9I1.t 19. In 2001, tht Mothtr
hu Itltctld I vlcation period of custody with the Child fran July 2
throUC;h July 9, with tht Hccnd WHk to be Hltctld It I liter datt.
10, Nlithtr party shill discusl "adult" blutl with tht Child, or
allov third parti.. to do 10. If thl Mothlr eltvtlopl any conctme or
lusficiOM of I IIXUal nature rl9l1:ding the Child, tht Mothtr firlt Ihlll
not fy M.. RusIIll, and thtn Ma, Sllem and MI. Howard, '1tI..t pcct..sicnall
shall dettrmine \/htther any rlflr:r:ala or rsport. to tht polict, Childrtn
and Youth Strvictl, or O1Udlint Ihall be lMelt.
11. Each party shall tll.lurt that tht othtr party has his or htr
current niling adclrtl. and ttltphone nUllDtr.
12. Th8 partie. shall .hart information pertaining to the Child'l
achtduled activitit..
13. Both pertit. shall be entitled to contact tht O1ild'. day cart
provider in crdlr to obtain informaticn conctrning the day care or diaCUII
i..Ut. concerning tht Child.
. I
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14, Nllth1r party aball qlCjle ln any c:onduct, wthlr verbal Ol'
othlrvlsl, whlc:t1 dtnlgrste. the other pertnt CC' the other partnt I. family
lIIIIltltrs.
15, Both partlel shall IfIlurl that thl ChUd IdjUltl to the c:tIlII'lge in
thl CUltody Ichedule by providing her with IUpport and nurturance.
16. It lither perty taUI to ~ly with thl ter:ma ot this order, or
wlth HI, 51111II11 rBCClllll_ndationl, thlfl on motion ot elthlr perty, the Ccurt
wUl Nt a hlaring without thl need tor oonciHatlon,
17. The pert lei and counsll shall attlnd I lecond custody conciliation
Conflrlnce in the of tiel of thl concUiator, Dawn s. Sunday, ElqUin, on
AUCjlUlt 1, 2001 at 11.00 ..m.
18, '1tIiI Ct'dIr il IfItend p1rluant to an egrHllllllt of the partie. at a
CUltody conciUation conferenCl, 'Iht parti.. NY modify the proviliona of
thil Ckdtr by IIItual c:onsent, In thl abslncl of IIUtual oorlBent, the tea:ml
of thil oa:dBa: shall control.
BY TlI! CXXlR'l',
CCI Thlre.. Berrett Hall, Elquirs - counsll for Fathlr
John J. Oome11y, Jr" ElqUirl - o:unsll for Mothlr
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JERRY ALLEN,
I IN TIlE CXlURT CI' CXHtC::N PLEAS CI'
. CUMBERLAND cxxmY, PENNSYLVANIA
I
I NO. 95-4500 CIVIL TERM
I
I CIVIL ACTIctI - LAW
I IN aJSTOOY
plaintiff
va.
IWlBmLEE WARD,
Dlfendant
PRICR Jtl)(ZI M.Jar B. Bayley
\,;\.V.......I CXH:ILIA1'ICIf SOIlARr REPCRl'
DI ~ III'l'B aJIIlIlRLAtI) aumc RlU ~ CIVIL PR) ill GI
1915.3-8, the IIldBrli;nsd CUstody Conciliator submits thl following reportl
1. 1'hI pertinent infcl:lMtion conclrning the Olild who ia the aubjlCt
of thil liti;ation il .. followl'
.-
-
DAft f:6 BIR1'II
March 7, 1995
aJUlDft'LY DI 1.U7........& f:6
ltatalftll& ward
rathtr
2, A Ocnciliaticn Ocnftrencl was hllcJ on May 1, 2001, with thl
following individuala in atttndancll the rathtr, Jlrry All.n, with his
ccunul, 'nI.r... Barrett MIll, Esquire, anCI the Mothlr, l<imblrlH Ward,
with her counatl, John J. eennllly, Jr., Uquir..
3. 'nil parUI. egrHd to entry of an ord.r in the form as attached.
IYJ t.u.. t./. ACU'J J
Dati ,. ,
~~
Dawn S, S y, ~ir~
CUStody conciliator
I, Jerry W. Allen, II. hereby swear and affiml that thc facts contalncd In thc foregoing
Petition to lbiify Existing CUstody Order arc truc and
correct to thc bcst of my knowlcdgc, Infonnatlon and bclicf ami arc madc subJcctto thc pcnaltles
of 18 Pa,C,S, 04904 rclatlng to unsworn falsi licatlon to aUlhorities,
Datc: 12/12/02
JIlRRY W, ALLI!N,
PlaintilT
IN Till! COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, I'ENNSYLV ANIA
vs.
95.450n
CIVIL ACTION LAW
KIMBIlRLlm WARD
Defendllnt
IN CUSTODY
9J{D":R 010' COURT
AND NOW, this j 1 day of _~ ' 2003,
consideration ofthe attachcd Custody Concilialion Report, It is ordered and directed as follows:
upon
I, The prior Order oflhls Court dated May 17, 2001 Is suspended and replaced with this
temporary Order pending further Order of Court or Ilgreement of the parties,
2, Pending the Mother's release from incarceration and an additional Custody Conciliation
Conference to be scheduled at the MOlher's request after release, the Father shall have sole legal and
primary physical custody of Kataleena Ward, bom March 7, 1995,
3, Upon the Mother's release from Incarcerlltlon, the Mother shall be enlitled to have weekly
periods of supervised custody with the child, with the specific limes and dales to be arranged by
agreement of the parties, The Mother's periods of custody under lhls provision shall be supervised by
un adult selected by agreemenl between the parties.
4. Following the MOlher's release from Incarcerulion, counsel for the Mother lIIay contact the
conciliator to schedule an additional Cuslody Conciliation Conference in order to review the custody
arrangements.
5, This Order is cntered without prejudice to either party's position conceminll custody of the
child in l\t1ure proceedinlls followlnllthe MOlhcr's release from incarcerulion.
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6, This Order Is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference, The parties may modify the provisions of this Order by mutual consent, In the absence of
mutual consent, the temls of lhis Order shall control,
DY THE COURT.
f
\"-
J,
Edgar D, Dayley
ec: Michael J. Wilson, Esquire, Counsel for Mother
Donald T, Kissinger. Esquire. Counsel for Father 4f Ld
/}HtU..U,L ..~ .1,.0.)
q1~.
vs,
JERRV W. ALLEN,
Plaintlff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSVL VANIA
95.4500
CIVIL ACTION LAW
KIMBERLEB WARD
Defendant
IN CUSTODY
PRIOR JUDGB: Bdgar B, Bayley
~USTOOV CONCII.IATION SU~MARV QfORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915,3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent Infonnatlon concerning the Child who Is the subject of this litigation Is as
follow.:
&HI
DmJ!f,JWWI
Katlleena Ward
March 7.1995
Father
2. A Concillatlon Conference was held on March 11,2003, with the following Individuals in
attendance: The Father, Jerry W. Allen, with his counsel, Donald T. Kissinger, Esquire and the
Mother'. counsel, Michael J, Wilson, Esquire. The Mother, Kimberlee Ward, is currently incarcerated
and was not able to attend the conference, However, the Mother's father, Joseph Ward participated in
the conference on her behalf,
3, The parties agreed to entry of an Order in the fonn as attached.
I }kL< ('1-- /.) J .J ,~J ~
Date
(J,LLfj
Dawn S. Sunday, Esquire
Custody Conciliator
JEI{RY W, ALLEN,
IN TilE COlJln OF COMMON PLEAS OF
CUMBERI.ANI> COUNTY.I'ENNS\'LV ANIA
1'IIIIIItil1'
vs,
NO.lJ5.4S00 CIVIL TEI{M
KIMBERLEE W ARI>,
(,IV II. ACTION LAW
IN CUSTODY
Deremlllllt
ORI)t:R nt' C:OUR'I'
AND NOW, this . i::, dllY or ((L4v-O.- . 2003,
eonsiderulion orthe ultuched Cuslody Concllilltion Rcport, it Is ordcrcd ulld dlrecled us rollows:
UpOIl
I, The prior Ordcr or lhis Court duted Murch 17. 2003 is vueulellulIll repluccllwith this Orller.
The prior Order orthis Court duled Muy 17, 2001 is suspellllcd ulld repluccll with this lemporury Order
pendillg rurther Orller or Court or ugreel11enlorthe purties.
2. The Fulher, Jerry W, Allen ulllllhe Molher, Kimberlee Wurll, shull hllve shured legul
custody or Kutuleellu Wurll, bOO1 Murch 7, IlJlJS, Euch purcllt shull huve UII equul right, 10 be exercised
joinlly with lhe other purenl. 10 muke ullmujor nOIl.emergelley decisiolls urrecllnglhe Chilli's gellerul
well.being including, bulnot limited 10, ull decisions regurding her heuhh. educulioll ulIll religion.
Pursuallt to lhc le01IS orthls purugraph cuch purcnt shull bc elltitled 10 ull recorlls ulld inr0011utioll
pertuining to Ihe Child Including. bul 1101 Iimltcll 10, school und melllcul rccords unll inronnution, The
purtles ugree thullhis provision is conllngenlupon Ihe Molher's eompliullce with Ihe conllitions or
probation und, in Ihe evclIl or u probutioll vlolUlion. resuhillg in rcincurccrulioll, lhe Fulher shull huve
sole legul cuslody or Ihe Child,
3. The FUlher shull huve primury physicul custolly or lhe Child.
4, Within ICII duys orthe lIule oflhe cOllciliulion COllrerellce. lhe pllrties shull selecl u cOUllselor
ror the Chilli by muluul ugreemelll uml shull cOlltucllhe counselor 10 sehcllule lhe firsl sessioll, The
purties shull rollow lhe counselor's rccommelllluliolls with regurlllo Jlurticiputioll by lhe purtles with
lhe Chilli ill counseling sesslolls, The purJlose orlhe coullselillg shull be 10llssess lhe Chilli's lIeells
with regllrlllo ongoing COIIlIIClwlth lhe Molher. with u g01l1 of reinslutillg, whelluppropriute, lhe prior
schellule ullller which lhe Mother hull cuslolly lIurillg fuliweekellll Jleriolls. The purties shull sigllllll
uulhorizuliolls lIeemellllecessury hy lhe cOUllselor toohluillllllllitionlll illli.mnlllioll Jlertuinillglo the
purties umllhe Chilli, The Jlurties shllll equully shllre ull costs of the cOllllseliog which lire 1101 coverell
by illsurullee.
5, The MOlher shull huve superviscd pcriolls of cusllllly with the Chilli un nllenluting Sunllnys
bellinninll Oclober 26, 20U3 from 1:00 pili until 5:00 pili ntthc Coloniull'urk Mull, Tlhe Fulher shnll
supervise these periolls of custmly unlcss otherwise ullrccll hetwccnthc purtics, Thc MOlhcr IlIUY huvc
periolls of custolly utnny othcr tlllles us ullrecll helwccnthc 11nrtlcs, The pnrtlcs nllrcc to eKpulI\lthc
Mother's peri oils of custolly nll\l clilllinutc sUllcrvision us rcconullclI\lcll hy thc Chilll's counselor,
6. Both pnrtics shull he enlitlelllo u\lenll thc Chilli's nctivitics nll\l cvcnts. Ncither purty shnll
huve eontuet with the olhcr purty or lhc othcr purly's fnmily lIurinllthc nctivitics I cvcnts in orller to
llIulntnin u connict free nllllosllherc for the Chilll's hcnclil, Thc Fnther shull provillc thc Mother with
lhe Chilli's uctivllies, cvcnls nnll sports schellules on utimely husis.
7, Upon receipt ofrecomlllcnllulions frolllthe Chilli's counselor. eilher pnrty IlIUY conluctthe
conciliulor to schellule unullllitionnl custolly coneilinlion confercnee to review the custolly schellule. if
necessnry.
8, The purtics IlIUY 1lI01lify the provisions of this Orller hy llIuluul consent. In the uhsence of
mUlual consent,the tenus of this Orllcr shull control.
BY HIE COURT,
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Edgar D:Duyley
J,
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cc: DOllald T. Kissinllcr, Esquire. Counsel for Father ..t,~ ",,'I' f..L 10.:L 9.0,3
Kimberlee Ward. Mother ,
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JERRY W. ALLEN.
IN TilE COUlfI' OF COMMON PLEAS OF
ClIMUElU,AND COUNTY. I'ENNSYLV ANIA
1'llllntllT
NO, lJ5-4500 CIVIL TERM
vs,
KIMBER LEE WARD.
C1VlI. ACTION. LAW
IN CUSTODY
Defendllnl
Prior Judge: Edgar Il, Bllyley
~US'I'ODY CONCII.I"'f10N SUMMARY Rt:POR1'
IN ACCORDANCE WITU CUMBERI,AND COUNTY RUU: OF CIVil.
PROCEDURE 1915.3-8.1he undersigned Custody Concllialor submils the following report:
I, The pertinent Infonnatlon eonccmlng the Child who Is the subjcct of this lillgatlon Is as
follows:
t!jAME
DATE OF DlttTn
CURRENny IN CUSTODY Of'
Kataleena Ward
March 7. 1995
Father
2, A Conciliation Confcrence was held on Oclober 22. 2003. wilh lhe following individuals In
altendance: The Fathcr. Jerry W, Allen. wilh his counsel. Donald T, Kissinger. Esquire, and the
Mother, Kimberly Ward. wilh her falher. Joseph Ward, The MOlher Is not represented by counsel In
this malter,
3, The parties agreed to entry of an Order In the fonn liS altached. which also conlalns In part
lhe reconullendatlolls ofthe conciliator,
[x 10 Jx.1 (:; -.J,-dlJ,,3
{)~~,,~
Dllwn S, SUllllay. Esqulrc
Custody Concllllllor
Dille
V.
KIMBERLEE WARD,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
95.4500 CIVIL TERM
.
JERRY ALLEN,
Plaintiff
~
~
AND NOW, October 10,1996, the parties having appeared for hearing with
their respective counsel, P. Richard Wagner, Esquire, for the Plaintiff, and Ellen
Adler, Esquire, for the Defendant, the parties do hereby agree that the parties shall
have shared legal custody of their daughter, Kataleena, born March 7,1995, w"h
the following physical custody schedule:
1. Commencing Monday, October 14, 1996, at 7:00 a.m., until Wednssday,
October 16, at 7:00 a.m. with Father.
2. Commencing Wednesday, October 16, 1996, at 7:00 a.m., until Friday,
October 18, at 7:00 a.m., with Mother.
3. Commencing Friday, October 18, at 7:00 a,m., until Monday, October 21,
at 7:00 a.m., with Father.
4. Thereafter, each week shall be scheduled so that the above periods will
be alternated between Mother and Father on a rotating basis.
5. The cuotodlal parent, or the designee, shall be responsible for
transportation.
6. The custodial parent shall be responsible for a caretaker during that
parent's period of custody; the caretaker shall be a member of a parent's
Immediate family or regular babysitter. In the event the Immediate family member
or regular babysitter Is not available, the non-custodial parent shall be given the
option of caretaking during that period.
7. During the even-numbered years Mother shall have Thanksgiving and
Easter from 2:00 p.m. until 8:00 p.m. on that holiday. Father shall have the period
from 8:00 a.m. until 2:00 p.m. on each of those holidays In the even-numbered
years. In the odd-numbered years, Mother shall have the 8:00 a.m. to 2:00 p.m.
period of time and Father, the 2:00 p.m. to 8:00 p.m. period.
8. During the Christmas holiday, Mother shall have from December 24 at
2:00 p.m. to December 25 at 2:00 p.m. In the odd-numbered years, and December
25 at 2:00 p.m. until December 26 at 2:00 p.m. In the even-numbered years.
Father shall have from December 24 at 2:00 p.m. to December 25 at 2:00 p.m. In
the even-numbered years, and December 25 to December 261n the odd-numbered
years.
9. Mothe~s Day shall always be with Mother and Fathe~s Day with Father
from 7:00 a.m. to 7:00 p.m.
10. The parties shall alternate Memorial Day, July 4, and Labor Day, with
Father having Memorial Day and Labor Day In odd-numbered years, and Mother
having July 4 In odd-numbered years. This shall be alternated In even-numbered
years. The period shall be from 7:00 a.m. to 7:00 p.m.
~
.
11. Each party shall enjoy one week of uninterrupted vacation with the child
upon thirty days' written notice and telephone notice, provided the one-week does
not fall on a major holiday.
12. The parties agree that they shall participate on a weekly conciliatory
basle with each party's designated clergy on an alternating schedule.
13. Both parties are hereby directed by the Court to participate In reasonable
and meaningful communication with each other as It relates to their child,
Kataleena, and neither shall adopt any course of action that shall Interfere with the
relationship with their child.
14. The parties agree to make every effort to accommodate special events
In the child's life by altering the schedule where necessary.
15. The parties agree that they shall Inform the non-custodial parent with
reasonable advance notice In the event that they plan to leave the area with the
J.
child.
By the Court,
P. Richard Wagner, Esquire
For the Plaintiff
Ellen Adler, Esquire
For the Defendant
JERRY ALLEN, ) IN 'rilE COURT or COMMON PLEAS
Plaintiff ) or CUMBERLAND COUNTY,
) PENNSYLVANIA
vs. )
) NO. 95-4500 CIVIL TERM
KIMBERLEE WARD, )
Defendant ) CIVIL ACTION - LAW
) CUSTODY/VISITATION
AND NOW, this
I/.,UI
Olm..
day of '-1ll~
, 1999, it
is hereby ordered and directed as follows:
1. A hearing is scheduled for the 15tA. day of
~~ , 1999, at -". 3u o'clock P.M.,
in Court Room Number 6J of the Cumberland County Court
House, Carlisle, Pennsylvania. Both parties, through
counsel, will provide each other and the court with a
list of witnesses ten (10) days prior to the date of the
hearing along with a statement as to their expected
testimony. Additionally, both parties will submit their
proposal for a resolution of the matter.
2. Pending said hearing, the existing custodial arrangement
as stated in the Order of October 10, 1996 shall remain
in full force and effect.
BY THE COURT,
Theresil Darrett Male, EBqui n~
Attorney for Plaintiff / L/
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J h J (11 "I - -v . J, .11,
.0 n I. ;onno y, dr., C:BqU to ......'
Altorney for lJofundillil
mlb
JERRY ALLEN, ) IN 'rllE COURT Of' COMMON PLEAS
Plaintiff/Respondent ) or CUMBERLAND COUNTY,
) PENNSYLVANIA
vs. )
I NO. 95-4500 CIVIL TERM
KIMBERLEE WARD, )
Defendant/Petitioner ) CIVIL ACTION - LAW
) CUSTODY/VISITATION
JUDGE PREVIOUSLY ASSIGNED: 'I'he Honorable Edgar B. Bayley
cua'l'CDl' C!CNCILI~'1'ICII .........BIt'. sm--"Y O.oR'1'
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. 'I'he pertinent information concerning the child who is the
subject of this litigation is as follows:
1W1f'
BIRTIIDATE
CURRENTLY IN
CUSTODY OF
Kataleena Ward
March 7, 1995
Plaintiff/Respondent
2. A conciliation Conference was held on October 22, 1999,
and the following individuals were present:
the Plaintiff I
Respondent and his attorney, Theresil Barrett Male, Esquirel the
Defendant / Petitioner appearod with hor attorney, John J.
Connelly, Jr., Esquiro.
3. Items resol ved by ag reement: See attached Order.
4. Issues yet to be rosolved: See attached Order.
5. The Plaintiff's (Respondent's) position on custody is as
follows: Father's position is that the reconunendations of the
custody evaIuator, Deb SaIem, be followed. Specifically, the
outcome of those recommendations indicate a shift of custody to the
rather subject to periods of partial custody and visitation with
Mother on every other weekend. This recommendation also includes
some provisions regarding counseling for the Mother and, assuming
she completes counseling, then an expansion of those custodial
rights.
6. The Defendant's (Petitioner's) position on custody is as
follows: Mother's position is that she does not agree with the
recommendations of Deb Salem. She believes that the existing
schedule, which is essentially a shared arrangement, be maintained.
7. Need for separate counsel to represent child: Neither
party requested.
8. Need for independent psychoIogical evaIuation or
counseling: None requested and the Conciliator does not believe
any is necessary.
9. A hearing in thls matter will take one-half (1/2) day.
10. Other matters or comments: This is a very contentious
case that involves the custodlal art'i1nqernont for ono (1) child,
Kataleena, d.o.b. March 7, 1995. There have b~IlJfl numeroUs
allegations back and forth between the parties and this Court has
been involved on some of those allegations. (Seu docket number 99-
6310). The parties agreed to an evaluation to be performed by Deb
Salem and that evaluation was completed and some specific
recommendations were made. Because of the contentious nature of
the prQceedings, Mother was not wilIing to embrace those
recommendations at the time of the conciliation. An additional
significant part of the recommendation by the evaluator was that
Mother get therapy to address her own mental health issues.
There are some significant issues raised by the evaluator
concerning the Mother's mental health and how those issues relate
to her parenting abilities with the child. There are some
significant issues raised by the evaluator as it relates to the
Mother and if the Court deems the evidenco produced by rather in
that regard to have merit through the evaluator, it appears that a
shift is appropriate in accordance with the evaluator's
recommendation.
What is also readily apparent in this case is that the parties
have absolutely no ability to conununicate and that is adding to the
difficulty herein. The evaiuator <1150 recommended mediation [or
the parties which needs to be embraced by both parties. rinally,
the minor child in thiB CilBU ill qn~atly Buffering as a result of
what is occurring. The parties have the child in therapy with
Jessica Hart. Any Order of this Court should continue and maintain
therapy if the child is to have any hope of working through these
difficulties.
Date: November 2, 1999
.
*
: IN TIlE COURT OF COMMON PLEAS OF
:CUMBBRLAND COUNTY, PENNSYLVANIA
:
:CIVIL ACTION - LAW
~NO. cl)'".:l/'iW CIVIL
: CUSTODY/VISITATION
~r'f A\\c.n plaintiff
V
19
*
\( ,rnbt'r \1', W-U"\Dofcndant
ORDER OF COURT
f)v..r1 .;)y 1'1'1 .-
AND NOW, this (date)' f , upon consideration of the
attached complaint, it is hereby directed that the parties and
their respective counsel appear before i< \ . c.. t-~
the conci iator, at : D . 5. . h - , I
on the" day of t.r, 9 S. , at ......-':J 1'1h
H., or a prehearing Custo y Conference. At such conference,
an effort will be made to resolve the iSBues in dispute! or if
this cannot be accomplished, to define and narrow the issues to be
heard ~y the court, and to enter into a temporary order. Either
party may bring the child who is the Bubject of thiB 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 permanent order.
,
FOR THE COURT:
By:~(~J-ru.el J . br.J,n.,'Jel c~
custody concITiator v ~., I
YOU SHOULD TAKE THIS PAPER 'J'O YOUR LAtlYER AT ONCE. IF YOU DO NOT
HAVE A LAtlYER OR CANNOT AFFORD ONE, GO 'J'O OR TELEPHONE THE OFFICE
SET FORTH BELOW 'J'O FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF TilE COURT ADMINISTRATOR
COURTIIOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717)240-6200
Auc Z9 2 30 PH '95
, i' f I L~ l
tI 'j'. ~ '1.11;' 1 AhY
r.U d.,., "i (I .,'Ul
lHil'.ri .:!, t.
M. ~ AI '''I'JI ",;./", ~ ~1/~1
'ffdrfr 'J/trttL ~,a~i/ z, to/"
{&t'. A-' te-,Pl rIa(~../ ,{41 1'1. .&1'Y" I~
,
JIRRY ALLIN,
I IN TIll COURT or COIIIION PLEAS
I CUIOIIIlLIUfD COUNTY, PENNSYLVANIA
: NO. 15 il'J()() ('it tkt ,J \-fl'-
I
I CIVIL ACTION - LAW
I IN CUSTODY
plaintiff
v.
ICIIIIDLKI WARD,
Defendant
mln..
AND NOW, thie
day of
, 111'5, the
above-Claptioned utter i. hereby r...nded to the ClonCliUator,
, in order to .Clhedllle a ClonCliliation ClonferenCle to
addre.. the i..lI. of ClII.tody betv..n the partie..
BY TIll COURT,
J.
JURY ALLIN,
, IN THI COURT or COIIIION PLIAS
, ctJIIBlRLAND COUN'l'Y, PINNSYLVANIA
,
, NO. CIVIL 1995
,
, CIVIL ACTION - LAW
, IN CUSTODY
plaintiff
v.
ItIDDLII WARD,
Defendant
~""II'I~ fta aall'QD1f
NOW, COKI8 your Petitioner, Jerry Allen, by and throuvh hi.
attorney., IlANClCI, WAGND, HDSHIY . TULLY, who re.pectfully fUe.
the follovinv Petition,
1. Your Petitioner, Jerry All.n b an adult individual
re.idinv at 31a .anaca straat, Harri.burv, Dauphin County,
'aM.ylvania.
a. The Ra.pondant, Itillbarlee Ward b an adult individual
re.idinv at 5 Ad.. Straat, Ino1a, cuabarland county, Penn.y1vania.
3. Petitioner and Raapondant ara tha natural parenta of
ltata1aana Ro.e Ward born March 7, 1995.
.. The Petitioner harain i. tha natural fathar of tha
afore.antionad child.
Tha .aapondant hare in i. tha natural .other of tha
afora.entionad child.
5. 8ince tha birth of tha ohi1d on Maroh 7, 1995, tha ohi1d
ha. ra.idad at 5 Ada. straat, Inola, cuabar1and county,
Pann.y1vania with her natural .other, the .e.pondent herein.
2/11/1<J
Re.pactfully .ubaitted,
6. Petitioner i. not aware of any other par.on or par.on.
clai.in9 to have cu.t04ial ri9ht. or partial cu.t04ial ri9ht. to
.aid child.
7. The child wa. born out of wedlock.
.. Petitioner beUeve. and therefore Avera that it le in the
be.t intere.t of Itataleena Ro.e ward to 9rant Uberal partial
cu.t04ial unto the Petitioner herein and joint le9al ri9ht. unto
your petitioner herein for the followin9 raa.on..
a. Petitioner i. capable of providin9 the day to day
n.ed. of child.
b. Petitioner love. and care. for the child durin9 the
H.ited ti... that he ha. had the child .0 far.
t. The be.t intere.t of the child i. othervlee .erved by
9rantin; the petition of the petitioner h.rein.
WHDIFORI, the petitioner pray. thi. court to 9rant the reHef
a. requ..ted.
,.-, "
UllOa., ...." ~} I 'fULLY
, /
By ~
P. Richard wa9n~l.quire
'I.D. l23l03
aa33 Korth Front str.et
Harri.bur9, PA 17110
(717) a34-7051
Attorney for petitioner
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I verify that tha .tat...nt. ..de in the forevoin9
d~nt are trua and oorraot. I undar.tand that fal.a
atat...nt. harain are ..da .ubjeot to tha panaltia. of 11 ,a.C.I.
laotion 4'04, ralatinv to un.worn fal.ifioation to authoritie..
DATil 8-1~- qS-
JERRY ALLEN.
) IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
)
: NO, 95-4500 CIVIL TERM
)
: CIVIL ACTION - LAW
) IN CUSTODY
Plaintiff
v,
KIMBERLEE WARD
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Kindly enter my appearance In the above-captioned matter as counsel for the Defendant,
Kimberlee Ward,
/-_ _no ~
~'I'I',_'J>''''''
Ellen Kramer Ad er
200 North Third Street
Twelfth Floor
Harrisburg, PA 17101
(717) 232.3236
Supreme Court I,D, 1# 37564
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JERRY ALLEN, ) IN THE COURT OF COMMON PLEAS
Plelntlff ) OF CUMBERLAND COUNTY,
) PENNSYLVANIA
v. )
) NO. 96.4600 CIVIL TERM
KIMBERLEE WARD, )
Defendent ) CIVIL ACTION - LAW
) IN DIVORCE
""" NOW, ..,. ~ doy 0'
, 19915, upon receipt of
the Conclllltor'l Report, It Ippearlng thlt the plrtl.. hlvl relched In Igrllment
Ind thlt Igrelment wle dlctltld In thllr prellnce Ind Ipprovld bV thlm Ind thllr
counell, It I. hereby orderld Ind dlrect.d .. followe:
,. Th. plrtlee ehlll ehare l.g.1 cuetody of Kltllllnl Ward,
d.o.b. 7 Merch 1996.
2. Mother ehlll enjoy prlmerv phyelc.1 cuetodv of the minor
child.
3. Father ehall enjoy perlode of partial cuetodv and vleltatlon
with tha minor child ae followe:
A. Every Wedneedav from 6:30 p.m. until 8:30 p.m.
B. Everv Seturdav from 10:00 a.m. until ~:OO p.m.
C. Alt.rn.tlng Sunday. from 10:00 a.m. until 2:00 p.m.
4. F.ther agr..a to Ittend at lel.t three ....Ion. with th..
Children' a Plevroom Network.
6. Fathar .h.1I provldl all tran.portltlon.
S. Thl partl.. agr.. that the child .hould not be .ubJlct to any
..cond-h.nd .mokl and .1.0 will be klpt aWlY from any environment.
that Irrit.t. thl child'. ..thma condition.
Thl. Ichldull will rlm.ln In Iff.ct for a plrlod of .Ile wllkl. In the eVlnt
thlt thl partl.. .r. unabll to r.ach a mora comprahln.lv. Ichldull by that tlml,
thl plrtl.. .galn Ihlll milt for a conclllltlon on thl 14th day of Dlcamblr, 1996,
at 3:00 p.m., at thl officI of the Conciliator, Mlchall L. Bang., 302 South 18th
8trllt, Camp Hili, P.nn.ylvlnia.
P. Richard Wagn.r, E.qulrl
AttornlY for Plllntlff l' L
tv to-, 11'<'-" l,
Joan Car.y, Elqulrl H/t )!4r ,',l,~
AttornlY for Dlf.ndlnt
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J.
JERRY ALLEN,
Plaintiff
vs.
KIMBERLEE WARD,
Defendant
I
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95.4600 CIVIL TERM
IN DIVORCE
JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Confllctsl
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1916.3-8(bl, the undersigned Custody Conciliator submits the
following report:
1. The pertinent Information concerning the child who Is the subject of this
IItlgetlon Is as follows:
NAME
BIRTHDA TE
Kataleena Rose Ward
7 Merch 1996
CURRENTLY IN
CUSTODY OF
Defendant/Mother
2. A Conciliation Conference was held on 2 November 1996, and the
following Individuals were present: the Plaintiff and his attorney, P. Richard
Wagner, Esquire. The Defendant appaarad with har attornay, Joan Caray, Esquire.
3. Itams rasolvad by agraamant: Saa Ordar attachad.
4. Issuas vat to ba rasolvad: Saa Ordar attachad; a long-tarm ordar naads to
ba put Into effect.
1
6. The Plaintiff's position on custody is 88 follows: See Order ettached.
6. The Defendant's position on custody is es follows: See Order attached.
7. Need for separate counsel to represent child: None requested.
8. Need for Independent psychological eveluetlon or counseling: None
requested.
Date: 7 November 1996
~~~
Michael L. Bangs
Custody Cancilla
2
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JERRY ALLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
KIMBERLEE WARD,
Dafendant
CIVIL ACTION. LAW
NO. 96.4600 CIVIL TERM
CUSTODY /VISIT A TION
ORDER
AND NOW, this ~I :;./- day of T:u-uur..tu." , 1996, a hearing In this
matter Is scheduled for the " 3 1\,1 day of ~ 6"U'.-'1 ' 19~, at
9: 30 o'clock .1J:.m, In Court Room Number 3 of the Cumberland County
Court House, Carlisle, Pennsylvania, Both parties, through counsel, will provide
each other with a list of witnesses ten (101 days prior to the date of the hearing
along with a statement as to their expected testimony. Additionally, both parties
will submit their propoaal for a resolution of the matter.
1. Pending said hearing, the parties shall share legal custody of
the minor child, Kataleena Ward, d.o.b. 7 March 1996. Mother shall
have primary physical custody of the minor child, subject to periods of
partial custody and visitation with Father as follows:
A. Alternating weekends from Friday at 6:30 p.m. until
Sunday at 6:30 p.m, Said alternating weekend schedule to
begin on 16 December 1996 and alternate thereafter.
B. Every Wednesday from 6:30 p,m. until 8:30 p.m.
~
2. Over the Christmas holiday. Mother shall have the child from
Christmas Eve until Christmas Day at 2:00 p.m.. and Father shall have
the child from Christmas Day at 2:00 p.m. until 26 December at 2:00
p.m.
3. Over the New Vear's holiday, Father will have the child from
Friday at 6:30 p.m. prior to New Vears until 1 January 1996 at 2:00
p.m.
BV THE COURT,
P. Richard Wagnar, Esqulra
Joan Carey, Esquire
FER, Judge
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VS.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
JERRY ALLEN,
Plaintiff
KIMBERLEE WARD,
Defendant
CIVIL ACTION - LAW
NO. 95.4500 CIVIL TERM
CUSTODY /VISIT A TION
JUDGE PREVIOUSLY ASSIGNED: The Honorable George E. Hoffer
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3.8(b), the undersigned Custody Conclllstor submits tha
following report:
1. The pertinent Information concerning the child who Is the subject of this
IItiglltlon Is IS follows:
NAME
BIRTHDATE
CURRENTLY IN
CUSTODY OF
Kataleena Ward
7 March 1995
2. A Conciliation Conference was held on 14 December 1995, and the
following Individuals were present: the Plaintiff and his attorney, P. Richard
Wagner, Esquire: the Defendant appeared with her attorney, Joan Carey, Esquire.
3. Items resolved by agreement: Temporary schedule.
4. Issues yet to be resolved: The ultimate custody schedule.
1
6. The Plaintiff's position on custody Is ss follows: Plaintiff believes that he
should be an active part of the child's life and suggested a custody schedule that
would effectively share the time equally with both parties. He believes that he Is
competent to take care of the child and that he should be entitled to have the child
as much as possible.
6. The Defendant's position on custody Is as follows: Defendant believes
that the schedule proposed by Father Is too disruptive. She thinks that the
schedule proposed the parties are working under Is enough for the Father and will
caula the least dlaruptlon to tha minor child.
7. Need for separate counsel to reprasent child: None requested.
B. Need for Indapendent psychological evaluation or counseling: None
requested and the Conciliator does not feel this Is necessary.
9. A hearing In this matter Is expected to take one day.
10. Other matters and comments: The psrtles attempted to work out the
agreement through two conciliations. Mother was Initially reticent to prOVide much
contact with the Father. However, after Father got some Initial contact, Mothar
was agreeable to expand the schedule In accordance with the Order attached.
However, Mother Is steadfast In her belief that tho child should not be sent back
and forth between the two of thom on a more froquent basis than what the Order
2
Indicates. However, she does not contest the fact that Father Is capsble of taking
care of the child. Her concern seems to be that she believes the child will
somehow suffer by being sent back and forth.
Father wants to be actively Involved In the child's life. He desperately wants
to have a mora consistent schedule with the child whereby he will see the child on
a more regulllr bllsls than the existing schedule IIl10ws. Frankly. there does not
seem to bll any reason why the Father should not see the child more frllquently
although the court will have determine whether or not the schedule that he
proposal Is really In the best Interest of the child.
Date: 1 B December 1996
,/'j
Michael L. Bangs
Custody Conciliator
3
JBRRY ALLEN,
IN THE COURT OF COMMON PI,BAS OF
CUMBERLAND COUNTY. PBNNSYLVANIA
NO. 95-4500 CIVIL TBRM
CUSTODY
plaintiff
VS,
KIMBBRI,BB WARD,
defendant
fRARQlf~TO WITHnRAW APf~ARANCB
TO THB PROTHONOTARY:
I, Joan Carey from I,egal Services, Inc., do hereby withdraw
my appearance in the above-captioned case.
Dated: ,.2>/,:!"1 Ie/("
-1- I
'~'~11/ (cl~1 ~/
(;j an Carey . .
LBGAL SBRVICBS, INC~
8 trvine Row
Carlisle, PA 17013
(717) 243-9400
~ptPB TO BNTBR APPBARANCE
TO THB PROTHONOTARY:
Please enter my appearance on behalf of the defendant,
"ob.,l.. "", In ib. 'bOV'-C'Pi~;n;jrll""
Dated: 2-1-1.1(4~ UJ[;J!1
-' -,----- William C. Vohs
Hanft & Vohs
11 West Pomfret Street
Carlisle, PA 17013
(717) 249-5373
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JIRRY ALLEN, I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
plaintiff , I
v. I NO. 9!1-nOO CIVIL TERM
I
I
KIIIBERLI! WARD, I IN CUSTODY
I
Defendant. I
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AND NOW,
t'I'~"Y of jJ..1;.
,
1996, the .bove he.rin9 .chaduled for Fabru.ry 23, 1996, .t 9130
.... in courtroo. No. 3 of the cu.berland County courthou..,
ah.ll be raachedulad for raIDlY, ".IL II, I"', .t ..,0 .... in
courtroo. No. 3 of tha cuabarland county courthou.e, c.rliala,
p.nn.ylv.ni..
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JERRY ALLEN,
Plalntl"
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
KIMBERLEE WARD,
Defendant
.
.
: 95-4500 CIVIL TERM
~
~
AND NOW, April 12, 1996, the parties having appeared for hearing with their
respective counsel, P. Richard Wagner, Esquire, for the Plalntl", and William C.
Vohs, Esquire, for the Defendant, It Is hereby ordered and directed that the parties
shall have shared legal custody of their daughter, Katelena, bom March 7,1995,
and that the following schedule for physical custody shall be Implemented:
1. Father shall have physical custody for a period of one week from
Monday, after daycare, until the following Monday.
2. Mother shall have physical custody from the Monday after daycare for a
two-week period of time.
3. During Mothe~s two-week period of custody, Father shall have the first
weekend from Friday after daycare until Saturday at noon.
4. During Fathe~s one week of custody, If Father Is not off work, then
Tuesdays and Thursdays, during the day, the child shall be with Mother Instead of
going to daycare.
5. The parties are directed to contact Dr. Stanley Schneider, who will
"
.
perform an Independent custody evaluation and monitor the aforementioned
schedule. Costs of the counselor shall be bome by the Father.
6. The above schedule shall be effective for a period of approximately three
months, whereupon the parties shall reappear on Monday, July 22,1996, at 9:30
a.m.
7. The aforementioned schedule set forth In paragraphs 1 and 21s a rotating
schedule Intended to provide Father with one week, Mother with two weeks, Father
with the next week, etc.
8. The effective date of Mother's first week will be Monday, April 15, 1996,
and Father's first weekend shall be Friday, April 19, 1996. Father's first full week
shall be April 29, 1996. It should be noted that Father advocated the
commencement of his first full week for April 15, 1996, In order to accommodate
his anticipated wedding plans. After carefully reviewing the calendar, it Is the
Court's direction that the effective date be as set forth In this paragraph.
9. The parties are directed to fully cooperate with one another to effectuate
this schedule and that both parties refrain from exposing their daughter to any
condition that would aggravate her medical condition.
By the Court,
J.
,
P. Richard Wagner, Esquire
For the Father
William C. Vohs, Esquire
For the Mother
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IN TilE COURT or COMMON PLEAS Of'
CUMBERLAND COUNTY, PENNSYLVANIA
JERRY ALLEN
Plaintif f
CIVIL ACTION - LAW
No. 95-4500 CIVIL TERM
CUSTODY/VISITATION
v.
KIMBERLEE WARD
Defendant
4.ER OF COURT
AND NOW, this~ day of July, 1996, upon the Court being
advised that Dr. Stanley Schneider is unavailable for the
scheduled hearing and over objection of Counsel for Mr. Allen,
this matter is hereby continued until October 10, 1996, at 1:30
p.m. in Courtroom No.3.
fer, J.
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JERRY ALLEN,
Plaintiff
: IN Tim COURT OF COMMON PLEAS
: CUMUERLAND COUNTY, PENNSYLVANIA
v,
: NO, 95-4500 CIVIL TERM
KIMBERLEE WARD
Defendant
: IN CUSTODY
ORDER OF COlIRT
AND NOW, this 2)01" day of ..--1.} c (0111, . , 1996, upon
consideration of the attached Petition, it Is hereby directed that the parties and their respective
counsel appear before \'4f~ < ~(<I LJ. &,,~,~ ,Esquire. the conciliator. at
2" ~ '1 18 i h 51, (0'<11"1" \-1.11 ,Pennsylvania, on the :?~lcI
day of 'J'""".....\,,! ,1991-.at , IJ,/'II, ,foraPre-HearingCustody
Conference, At such conference. an effort will be made to resolve the luuesln dispute; or If this
cannot be accomplished, to detlne 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 children's attendance Is not mandatory, Failure to appear at the
conference may provide grounds for entry ora temporary or permanent order,
FOR THE COURT:
By: "--1'fJ,t~~(I.A.&~n~ t:J,(
Custody Conciliator .~;;'
YOU SHOULD TAKE THIS !'AllER 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,
OFFICE OF TIlE COURT AbMINISTRATOR
CUMBERLAND COUNTY COURTIIOUSE
CARLISLE, PA 17013.
(717) 240-6200 '
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JERRY ALLEN.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 95.4500 CIVIL TERM
v,
KIMBERLEE WARD
Defendant
: IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY ORDER
I, The petition of Defendant. Klmberlee Ward, respectfully represents that on
October 10, 1996 an Order of Court for shared legal and physical custody was entered, a true and
correct copy of which is attached hereto,
2, This Order should be modified for the following reasons:
(a) While the Order specifies that the parties shall share legal custody of the child and the
parties specifically discussed and agreed that Petitioner/mother would have the opportunity to
meet the babysitters that Respondent has engaged to care for the child while the child Is In his
custody, Respondent has refused Petitioner's many requests for the introductions and has
indicated that It is not her business or right to meet these individuals who provide regular and full-
time care for the child;
(b) While paragraph 12 of the Order of Court directs that the parties shall participate in
weekly conciliation sessions with their respective pastors, these sessions have not been successful
in bringing the parties together in working for the benent of their child and have served as a
breeding ground for further animosity and miscommunication;
(c) While the parties a!lreed tOlhe Order ofCourl with the express underslandin!lthat the
<<.fr~4L=
~lIen Kramer Ad r
Attorney for Petitioner
parties would begin to work together for the good and welfare of the child, and include their
respective families in this spirit of cooperation, Respondent has told Petitioner on numerous
occasions that she has no right or interest in meeting his new family members who play an integral
role in the care and supervision ofthe child during Respendent's periods of custody, This refusal
to make the necessary introductions and allow Petitioner to meet and converse with paternal
relatives is in direct contravention of the parties' verbal agreement entered into on October 10.
1996 and is inconsistent with the spirit and intent of the shared custody arrangement;
(d) Respondent's relUsalto provide Petitioner with information regarding the care and
supervision of their child during her non-custodial periods is unreasonable and contrary to the best
interests and well-being of the child,
WHEREFORE. Petitioner requests that the Court modifY the eKisting Order for
Shared Custody because it will be In the best Interest of the child,
Supreme Court 1.0, No, 37564
200 North Third Street, 12'" Floor
Harrisburg, PA 17101
(717) 232.3236
Date: December 12. 1996
I veritY that the statements made In this Petition for Modil1catlon are true and
correct, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S,
fi 4904 relating 10 unsworn falsll1callon 10 authllj:ll~s, --. 'd.....,. .. -.., _
D." tJ,-/3 - y(;. ~:~ .~------
JERRY ALLEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
95.4600 CIVIL TERM
V.
KIMBERLEE WARD,
Defendant
~
~
AND NOW, October 10, 1996, the parties having appeared for hearing with
their respective counsel, P. Richard Wagner, Esquire, for the Plaintiff, and Ellen
Adler, Esquire, for the Defendant, the parties do hereby agree that the parties shall
have shared legal custody of their daughter, Kataleena, born March 7, 1995, with
the following physical custody schedule:
1. Commencing Monday, October 14, 1996, at 7:00 a.m., until Wednesday,
October 16, at 7:00 a.m. with Father.
2. Commencing Wednesday, October 16, 1996, at 7:00 a.m., until Friday,
October 18, at 7:00 a.m., with Mother.
3. Commencing Friday, October 18, at 7:00 a.m., until Monday, October 21,
at 7:00 a.m., with Father.
4, Thereafter, each week shall be scheduled so that the above periods will
be alternated between Mother and Father on a rotating basis.
6. The custodial parent, or the designee, shall be responsible for
transportation.
6. The custodial parent shall be responsible for a caretaker during that
parent's period of custody; the caretaker shall be a member of a parent's
Immediate family or regular babysitter. In the event the Immediate family member
or regular babysitter Is not available, the non-custodial parent shall be given the
optlon of caretaking during that period.
7. During the even-numbered years Mother shall have Thanksgiving and
Easter from 2:00 p,m. until 8:00 p.m. on that holiday. Father shall have the period
from 8:00 a.m. until 2:00 p.m. on each of those holidays In the even-numbered
years. In the odd-numbered years, Mother shall have the 8:00 a,m. to 2:00 p.m.
period of time and Father, the 2:00 p.m. to 8:00 p.m. period.
8. During the Christmas holiday, Mother shall have from December 24 at
2:00 p.m. to Dec~mber 25 at 2:00 p.m. In the odd-numbered years, and December
25 at 2:00 p.m. until December 26 at 2:00 p.m. In the even-numbered years.
Father shall have from December 24 at 2:00 p.m. to December 25 at 2:00 p.m. In
the even-numbered years, and December 25 to December 261n the odd-numbered
years.
9. Mothers Day shall always be with Mother and Father's Day with Father
from 7:00 a.m. to 7:00 p.m.
10. The parties shall alternate Memorial Day, July 4, and Labor Day, with
Father having Memorial DRY and Labor Day In odd-numbered years, and Mother
having July 4 In odd-numbered years. This shall be alternated In even-numbered
years. The period shall be from 7:00 a.m. to 7:00 p.m.
child.
upon thirty days' written notice and telephone notice, provided the one.week does
not fall on a malor holiday.
12. The parties agree that they shall participate on a weekly conciliatory
balll with each party's designated clergy on an altematlng schedule.
13. Both parties are hereby directed by the Court to participate In reasonable
and meaningful communication with each other as It relates to their child,
Kataleena, and neither shall adopt any course of action that shall Interfere with the
relationship with their child.
14. The parties agree to make every effort to accommodate special events
In the child's life by altering the schedule where necessary.
16. The p~rtles agree that they shall Inform the non.custodlal parent with
reasonable advance notice In the event that they plan to leave the area with the
By the Court,
J.
P. Richard Wagner, Esquire
For the Plaintiff
Ellen Adler, Esquire
For the Defendant
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Jt:RRY ALLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
NO. 96.4600 CIVIL TERM
KIMBERLEE WARD,
Dafendant
IN CUSTODY
~ OR~~ J~
AND NOW, this ~ day of ~ ' 1997. upon receipt
of the Conciliator's Report, It Is hereby ordered and directed 8B follows:
rtt--
A heerlng Is scheduled for the !J day of
~1414/' ,1997, at /; ~O o'clock f.M.. In Court
o n
Room Number .....~ of the Cumberland County Court House, Carllale,
Pennsylvenle. Both parties, through counael, will provide each othar
and the court with a lIat of witnesses ten (1 01 days prior to the date of
the hearing along with a stetement as to their expected testimony.
Additionally, both parties will submit their proposal for a resolution of
the matter.
BY THE COURT,
Mr. Jerry Allen, pro se
Ellen Kramer Adler. Esqulro
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JERRY ALLEN, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
I PENNSYLVANIA
VS. )
I NO, 95-4500 CIVIL TERM
KIMBERLEE WARD, )
Defendant ) IN CUSTODY
JUDGE PREVIOUSLY ASSIGNED: The Honoreble George E. Hoffer
CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8Ib), the undersigned Custody Conciliator submits the
following report:
1. The pertinent Informetlon concerning the chlld(ren) who Is(ere) the
lublect of this litigation Is as follows:
NAME
BIRTHDA TE
CURRENTLY IN
CUSTODY OF
Ketaleena Ward
March 7, 1995
2. A Conciliation Conference was held on February 5, 1997, end the
following individuals were present: the Plaintiff eppeared pro sei the Defendant
appeared with her attorney. Ellen K, Adler. Esquire.
3, Items resolved by agreement: None,
4. Issues yet to be resolved: An ultimate custody order.
6. The Plaintiff's position on custody Is os follows: Father steted that
Mother does not heve e right to know anything that goes on when the child Is In
his cara. He steadfastly refused to provide the Mother with contact with the
babysitter. He believes that the child should be able to be token core of by the
grandparents if he Is away overnight, even If Mother Is available. He maintains that
he has attempted to communicate and steadfastly denies that there has been eny
problaml with providing Mother with Information.
6. The Defendant's position on custody Is os follows: Mother has railed
saveral concarnl about legal custody Issues. Apparently the Father has refused to
provide her with any Information about the child when the child Is In his care, and
mOlt Importantly refuses to allow the Mother to meet the babysitter that he has
who watches the child during the day. In addition, Mother would like the option of
watching the child If the Father goes out of town, rather than placing the child with
a babysitter. Also, Mother raised other Issues about unilateral actions token by
Father that really fall In the nature of legal custody Issues. Finally, Mother relates
that there has been some difficulty with Father's new spouse In that their contaot
has been heated at times,
7. Need for separate counsel to represent chlld(renl: Neither party
requested.
8. Need for Independent psychologlcel evaluation or counseling: None
requested end the Conciliator doas not believe any Is necessary.
9. A haaring in this matter is expacted to take: one.half day.
10. Other matters or comments: Father exhibited a position at the
conciliation which was absolutely ludicrous. The Conciliator requested that he
provide Mother with access to the babysitter so that Mother could meet and go
over certain things with the babysitter. Father indicated to the Conciliator that the
child was in his care and that Mother had no right to Interfere with his life with the
child. Fether would not agree that it is reasonable to allow the child to ba with
Mother if he was not avallabla, and said that he should hava the option to have the
child with the child's grandparents. Again, Father exhibited his position that when
the child is in his care, Mother reaily should not have Any Input or control as to
whst goes on and In a sense he feels thet her Involvement is an Interference with
his custodial time.
This Is a casa that clearly should not even go to a hearing. Father's position
with regard to legal custody Is completely contrary to the law and absolutely not in
the best interest of the child, While Father maintains that he has tried to cooperate
with communication, It was very apparent at the conciliation that he views that the
Mothar should have no contact with the child at all while the child Is In his care,
Given this attitude by Father, the Order that Is now In effect Is unworkable.
and should not know who Is providing care or other Important functions Involved
with the child while the child Is In his care.
While Mother did not specifically request at the conciliation that the schedule
be modified, she has flied a Petition for Modification generally and It Is the
Conciliator's view that a modification of the schedule may be warranted If Father
will not recognize that he has an obligation and duty to provide Mother with access
to and Information about the child when the child Is In Father's custody. If Father
continues to take the position that he exhibited at the conciliation that Mother
should not have Involvement with the child at all while the child Is In his care, then
It may be In the best Interests of the child to be In the Mother's care primarily since
that will assura her that she has the Information about the child that she Is entitled
to on a regular basis,
Date: February 24, 1997
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Michael L, Bangs /> .
Custody Conciliator
J.
JERRY ALLEN,
I'laintil1'
: IN nm COURT OF COMMON I'LEAS OF
: CUMBERLAND COUNTY. I'ENNSYL VANIA
: 95.4500 CIVIL TERM
vs,
KIMBERLEE WAIl\),
Defendant
f!l-ER OF COURT
AND NOW this ~ day of April 1997. upon presentation and consideration
oflhe wilhin Petilion For Modification of Custody, the request of the I'lalnlll1' as set 1\)[111
herein shall be heard simultaneously with the hearing presently scheduled tor Monday.
May 5. '997 at 1:30 p,m, on the Pethion For Modlt1cation of Custody presented by the
Defendant, All other provisions of the CoUrl's Order of February 26. 1997 schcduling thc
aforementioned hearing arc reatlirlllcd.
BY TIm COURT,
IJ- 2~ f1
Nd( /(I..f C"ltJ
II'uJ'l'l
711-;
JURRY ALLEN.
IN TIlE COURT OF COMMON PLEAS OF
. CUMIlERLANDCOUNTY. I'ENNSYLVANIA
1'lalntil1'
vs,
: 9S-4S00 CIVIL TERM
KIMBERLEE WARD.
Defendant
rETlT/ON FOR MODI FICtJ TION OF CUSTOD Y
AND NOW comes Petitioner. JERRY ALLEN, by and through his counsel of
record. Bradley L Grime. Esquire, and petitions the Court as follows:
I. Your I'etitloner is the nhove.llalllcd 1'lailllil1: JEIUt Y ALLEN.
2. Your Respondent is the nbove.namcd Defendant, KIMBERLEE W Aim
3, The llarties arc subject to nn Order of Court dated October 10, 1996 which wns
entered upon agreement of the parties. said Order being aU ached hereto and Incorporated
herein by reference as Exhibit" ^",
4, The Order of Court of October 10, 1996 which provides for nrranl!elllents
relative to shared legal and physlcnl custody of the parties' dnughtcr. Kataleenn, born
March 7. 1995. provides thr physicnl custody to alternnte belIVcen the pnrties every two
or threc days
S Pnrugruph 12 of the Order provided Ihr Ihe pnrties tll participate in weekly
counseling with their selcctcd c1crgy
6. Rcspondent tillled tll Plllvidc n memher of the clergy 10 assist in this counseling
and, therefore, the pnrties hnvc used, in the pnst, I'clitioncr's clergy Ihr purposes of
counseling,
7. Rcspondcnt's rclilsllltll IIclively cngllgc In mcdilltilln with Ihc p"stur IInd hcr
untruthfulncss In scssillns with thc p"stor hils Icd to II Ihilurc In that mcdlllllon/counscling
proccss,
8, Dcspitc I'ctitioncr's bcst cllhrts to maintain IIppropriatc cllmmunicllliun with
Respondcnt rclatlvc to thc nccds of thc child, Rcspondcnt rcpcatcdly Ihils 10 acknowlcdgc
thc Information providcd by I'ctitioncr to Rcspondcnt. which hils crcatcd complications in
the shared physical and Icgal custody IIrrnngcmenls bctwccnthc parties
9, Meaninglill communication rcllltivc 10 thc chlld's Icgal cnstody nccds is
Impossiblc under the circumstanccs slncc thc I~cspondent consistently nlllkcs lillsc claims
that she docs not hllvc nccess to IInd Is not pl'llvided with inthnnatllln which hns, in Ihct.
bcen providcd III her by the Petitioner
10, Thc Rcspondent's claims that inlhrmallon is not being provided to her by thc
Petitloncr. when she knows that information has been provldcd to hcr, is an attcmpt tn
discrcdit Petitioncr and to maintain an antagonistic atmospherc inthc rclatlonship betwcen
the partlcs,
11, Respondent has gone as iiiI' ns to c1l1lm Inck of knowledgc rcllltlvc to Ihc
child's mcdical condition whcn thllt Inthnnlltlon WIIS provldcd In her in writing by thc
I'ctitioner. again In IIn etlill't to discredit Petltioncr IInd tll mainlllln IIn IIntllgonlstlc
IItmospherc belwecn the pllrlles
12. I~espondent's IIclillns liS reganls to the child's carc IInd nceds Iilustrules Ihllt
her primary Cllnccl'll is III mllintllin involvcmcnt in I'etitioncr's pcrsllnullifc IInd tllmllinlllin
IInllntllllonislic IItmosphcre inthc rcllllillllShip hel\\'eenthe pllrties rnlher thlln in pl'llvldinll
thr the bcst intcrcsts nnd needs ofthc child,
13, The prescnt Order provides fllt ccrtain IIrrllngcmcnls. particularl~' rcllltivc to
holidays. which necessitlltes transtCiring custody late in lhc evening only hI hllve custody
transferred IIgain cllrly lhe ne~t morning
14, Respondcnt hils tidied IInd relllscd to coordinllte minor l1Iodit1clltions in lhe
present Order so 115 to provide lor the best interest of lhe child
1 S, The constllnt transferring of physical custody is burdensome 10 the child and
not in the child's best Interest.
WHEREFORE. I'etitioner requests your Honlltllble Court to enler IIn Order
modliYlngthe Court's Order of Oclober 10. 1996 so 115 to provide the pllrties with shared
legal cuslody and Petitioner with primary physiclIl custody of the child. or In the
alternative, to expllnd each party's period of physiclII custody with the child so as 10
alleviate the constnnt exchanges of custody and unsell ling moves for the child 115 provided
under the present Order.
RespCCllully submitted.
GRIHIE & ASSOCIATES
DATE:~/~2--
,~~^~-
trR\.'
RY ALLEN
,
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YJiRIFICATlQ,M
I verily Ihal the stalements mllde in the lhregoing document ore lrue IInd correct
undersland Ihnl flllse sllllements herein lire mllde subjeclllllhe penlllties of 18 JlIIC.S
Section 4904. relnting to unsworn Iillsiliclltions llllluthnrities
IDIPEttM;ST ft>Il,PI.11l01
FAX 1111--787-0604
PIU 3
JERRY ALLEN,
PlaIntiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND coumv, PENNSYLVANIA
95-41500 CIVIL TERM
V.
KIMBERLEE WARD,
Defendant
~
~
AND NOW, October 10, 1886, the partll. having appeared for hearing with
thIlr relptCtlve COUOHI, P. RIchard Wagner, Esquire, lor thl Plaintiff. .net Ellen
AdIar, Elqulrl, forth. Daftndln\. the parties do hereby agl'l8 that the partI..lhall
have ahared legal outtody of their daughter, KatRlMnI. born March 7. 1 HS, with
the following phylloal custody tcheduIe:
1. eommenaIng MondaV, October 14, 1998, al7:00 I.m., until WldnUdIy,
October 18, at 7:00 I.m. with Father.
2. CarnmInCIng wec:tn8lday, October 18,1998, at 7:00 '.m., until FridaY,
October 18, at 7:00 '.m., with Mother.
3. commencing Friday, October 18. at 7;00 Lm., until Monday, Octobera1,
at 7:00 ..m., with Fldhef.
4. Thereafter, each week Ihan be achlduled 10 that the above perlode will
be eltemated betwlen Moth.r and Father on a rotating balll.
5. The custodial parent. or the designee. shaH bl responllble lor
tranapoltltlon.
EXIIIBIT nAn
ID:PefMST ~1l1P8 .17101
FAXl71? 787-0804
~ 4
6. The cuatodlll parent IhIII be rnponslble for a OIfItaker during that
parM'l period of cUltodvi the earetlkar thall be II ~r of I per..,'"
immediate flll1lllV or lWQular babvlmer. In the event the Immechte family member
or regular babVsmer II not available, \he non-c;ullodlll parent IIhIII be given the
option 01 Clretlldng during that period.
7. During the Iven-numbered years Mother shall have Thanksgiving and
East.r from 2:00 p.m. until 8:00 p.m. on that holiday. Father lIhall hav' the ptflod
from 1:00 a.m. until 2:00 p.m. on ..m of IhOB8 holidays In the tvtn-numbtrtd
)'UfIl. In 1ht odd-numbered vears, Mother ahaIl have the 8:00 a.m. to 2:00 p,m.
pertod of time and Father, the 2:00 p.m. to 8:00 p.m. period.
8. Duling the ChrIltmu holiday, Mother .hlll hive from o.oember 24 at
2:00 p.rn. to D~ 215112:00 p.m. In the odd-numbertd YNrl, and Dtoember
25 II 2:00 p.m. until December 28 II 2:00 p.m. In thl tVIflonUlllberad Y..'"
FIIIher shall have from Dec.mbtr 2411 2:00 p.m. to Decambtr 25 112:00 p.m. In
1M aven-numbel'ld YNra, and DtoImbtr 2510 December 28 In the odd-numbtred
~ra.
8. Mother'. DIY shall always be with Mother and Fathef'1 Day with Father
from 7:00 a.m. to 7:00 p,m.
10. The partl.. shall alii mill Mlmorlal Day, JulV 4, and Labor Day, with
Father having Memoli" Dav and Labor Day In odd-numbered years, end Mother
having JulV .. In odd-numbered yoarB. This shall be alternated In even-numherad
VINUII. The period .hall be from 7:00 .,m. to 7:00 p.m.
.01/13 '97 12112
IDIPENNVEST Hbg,Pa.17101
FAX 1717--787-0804
M:E 6
11. Each partY IhII ~oy one week of uninterrupted vacation with the child
upon thirty day.' wrttten notice and telephone notice, provided the one-week doe.
not fill on . melor holiday.
12. The partie. agree that they shall partlclpate on a weeklY conciliatory
bill. with each partY'. allgnaled clergy on an lIt.matlng tchedule.
13. Both partie. .... hereby directed by the Court to partldpattln reuonable
and meaningful communication wtth ..ch other .. It relate. to their child,
KltalHna. and neither ahalladopt any course of action that ahalllnt.rfer. with the
relatlonahlp with thel' ohIld.
14. The partl.. ag.... to make wv.ry ."ort to lOOommodate IIp8Cllal event.
In the chIlctlllf8 by att.rlng the IOhedIH where ntCI...ry.
15. The P;8rtlea ag.... that thIY ahalllnform the non-cultodlal parent with
rIIIonable .dvInOe notice In the event that they plan to It.ve the Irta with the
child.
By the Ooul1,
J.
P. RIchard Wagner, Eequlre
For the Pllllntlff
ellen Ada" Eaqul...
For the Def.ndant
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JERRY ALLEN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-4600 CIVIL TERM
v.
KIMBERLEE WARD,
DEFENDANT
CIVIL ACTION - LAW
IN CUSTODY
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Pleese withdraw my eppearance as counsel for the Dafendant, Klmberlee Ward,
In tha above-captioned action.
Date: {- 2/- '17
By:
EI en Kra er A er, Esquire
Attorney for Defendant
2033 Llngeleatown Road 1/370
Harrisburg, PA 17110
17171640-0770
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appeerance of John J. Connelly, Jr., Esquire on behalf of the
Defendant, Klmberlee Ward, In the ebove-captloned action.
Date: II- ,if- tjl'J
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JERRY ALLEN,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-4600 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
KIMBERLEE WARD,
Defendant
<tJ- ORDER OF COURT
AND NOW, thl~ day of , 1997, a hearing I.
.cheduled for the 29th day of September, 188 9:30 o'clock e.m., In Court Room
Number 3 of the Cumberland County Courthou.e, Carll. Ie, Penn.ylvanla. Both
pertl.., through counlel, will provide each other and the court with a lilt of wltne.les
ten 11 01 day. prior to the date of the hearing along with a Itatement al to their
expected t..tlmony. Additionally, both partie I will submit their propolel for e
re.olutlon of the matter.
BY THE COURT:
,JUDGE
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LepI proceedl... have been brou&ht epInat you IIlealni you have wllll\ally
dllObeyed III order of court for cullody,
If you wlah to defend aplnll the clllm lilt forth In the followlllll 1'1I", you may
but are not required to file In wrIt1na with the court your defll\lll or objectlonl,
Whether or not you file In wrIt1na with the court your defll\lll or objlCtIOlll, you
mull appear In penon In court on MOldl" till 2"11 dl' or Sept..ber I'" It 'IJO
.'dock .... ,. Courtroo. NII.ber 3 of the Cumberland County Courthou.., Carlllle,
pennaylvanla,
IF yOU DO NOT APPEAR IN PBRSON, THE COURT MAY ISSUE A
WARRENT FOR YOUR ARREST,
If the court findl that you have willfully tilled to comply with It I order fur cullody,
you may be found to be In contempt of court and committed to jail, fined or both,
YOU SHOULD TAKE THIS PAPBR TO YOUR LAWVBR AT ONCE, IF
YOU DO NOT HAVE A LAWYBR OR CANNOT AFFORD ONE, 00 TO OR
TELEPHONE THE OFFICE SBT FORTH BlJLOW TO FIND OUT WHERE YOU
CAN GBT LEGAL HBLP,
Lawyer Referrll Service
Court Adnunlltrltor
Cumberland County Coul1hou..
Carll.le, PA 17013
t5liE P I II 1997
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSVL VANIA
JERRY ALLEN,
Plllntlff
VI, : NO, 95..500 CIVIL TERM
KIMBERLEE WAllO,
Defendant : IN CUSTODY
DATB:
tfi1
J.
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ALID<le"RCE
QF n~ IfloTI.I\')NOTMY
97 SF.P r 7 PM Ll nz
CUM6tFi!A~;.: CCUNW
FENI~SYlVANi"
1
4
~
JERRY ALLEN.
: IN THE COURT OF COMMON PLBAS OF
: CUMBERLAND COUNTY. PBNNSYLVANIA
Plalnlilf
VI, : NO, 95--4500 CIVIL TERM
KIMBERLEB WARD.
Defendanl : IN CUSTODY
AND NOW \101llII Petllloner, II!RR Y ALLEN, by and IIvouah hll coulllll of
record. Brldley L, Grime. Blqulre, and pellllonl lhe COUf1 u lbllowa:
I. Your Petilloner Illhe abov.-named Plalnlltr.II!RRY ALLEN,
2, Your RupaRdenll1 the Ibov.-nuned Defindanl. KIMBBRLBB WARD.
3. The panl..lIIll.Ibject to III Ord. of Court daled Ootober 10, 1996 which wu
em'" upon ....MlMlII by lhe partl.l. llid Order belna ..Iached hereto andlnc:orporated
herein by reference u B.hlbll · A.,
4, P......ph 1 Ihroollh .. of lhe .lbrellid Ordor provide for I Ihared phyllc:al
c:ultody lITIIIIemenl,
5, Durina lhe aftornoon of frid.y, Seplember 5. 1997. RelpORdent removed the
c:hIld from the Petltloner'1 dlYClll'e provider. wllhoulllOllce. and without lilY Indlc:atlon to
the Petitioner or \lOnl.cl with lhe Petitioner 10 Idvl.. him u 10 lhe RelpOndenl'l
Inlontlonlln properly lICurlnll phYlleal cUllody of lhe child,
6, Petltluner and hll 1pUII" were requlredlu IICl.Ire lhe aulltance of lhe Deny
Townlhlp Police Departmenlln urder 10 rellaln phyllc:al c:ultody oflhe child,
7, Kllpundenl'l removlnlllhe child from the Petltloner'1 daYClIl'e wllhoul nollce
Ind wlthoul Iny Indlclllon II 10 Ihe whereaboulI of the child or the purpo.. In removing
Ihe child II I vlolltllln ofthe Court'l Order of October 10. 1996,
8, A1thouah the Court'. Order of October 10, 1996 provldel for apeclflc pick-up
and drop-off timeI for excbanae of phyalcal a1llody of the child, the Reapondent hII
fa1Iod to return the child timely to the Petitioner on many occ:uIOIII,
9. In other more minimal way., the Reapondent ba. fa1Ied to comply with the
atriet terms of the Court'. Order of October 10, 1996.
WHEREFORE, Petitioner requeat. your Honorable Court to find the Rupondent
In contempt of the Court'. Order ofOctobcr 10, 1996,luue a fine upon her, require her to
pay the attorney'. fee. for the preparation of flUna In JlUI1!UIt of the within Petition For
Contempt, and IIIch other relief u the Court deema JUIl and appropriate.
Re.pectlblly IIIbmitted,
GRlFFffi A ASSOCIATES
Attorney. for Petitioner
ElCJuIre
ver Street
C lie, PA 17013
(717) 243.5551
(800) 347-5552
~RlFICATION
I verilY thai the ..atement. made In the forqolna document are tNe and c:orrect. I
undnand that fII.ltItement. herein are made IUbject to the penaltlea of II Pa,C.S.
Sec:tlon 4904, reIaIIna to unawom fallificallona to IlIthorltlea,
DATE: fj'./;{-91
~::
JERRY. LEN.
FAX:711-781-0804
~ 3
JERRV A\..LEN,
PlaIntiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERlAND COUNTY, PENNSYLVANIA
.
.
: 95-4500 CIVIL TERM
V.
KIMBERLEE WARD,
Defendant
~
~
AND NOW, October 10, 1_, the partie. having appeared for hearing with
ttwlr rupeetlvl counMl, P. Richard W~r, Eaq~", for thl Plllntlff. 1M Ellen
AdIIr, &aqulre, forthl OIftnd1nt. \hi partIeI do hlrlby agrM that the partIeIlhIIl
have aharM legal aultOlly 0' hi' daughter, Kata\eenl. born March 7, 1816, with
the foIowIng phyllcal CUltody ~I:
1. Comn'IenCIng Monday, October 14. 1898. at 7:00 a.m., until WtdnUday,
Oc:tober 1e, It 7:00 a.m. with Father.
2. eommenc:lng Wednesday, OCtober 18, 1998. at 7:00 a.m., unlil FlidaY,
OCtober 10, It 7:00 '.m., with Mother.
3. Commenc:tng Frtday, October 18, at 7:00 Lm., until Monday, October 21.
at 7:00 ..m., wtth Father.
4. Thlreaft.r, elCh week than bI.chlduled 10 that Ihe above period. will
be I'tematad betw.en Mothlr and Father on a rot.tlng ba.I..
5. The custodial parll'lt, or the deelgnH. shaH be re.ponllbll for
tranaportatton.
EXIIII3IT "A"
. 01/13 'f17 12: 12
ID:PEtfM:ST ~g,Pa.17101
FnxI717--787-Q804
~ ..
o. The cultodlal parent IhIII be ruponslble for a (;8rttaker during that
pare"'" period of custodyj the caretlk8r IhaII be 8 member of a parent"
immediate tamIly or l'IQular babylltter, In the event the Immedlatl family member
or regular babyllttlr It not avallabll, the non-cultodlal plrent ehIII be glvln the
option of cal'lUlldng during that period.
7. During the avan-numblred VI8l8 Mother IhaII have ~ng and
EaItIf from 2:00 p.m. until 8:00 p.m. on that holiday. Father ....all have the pefIod
flam 1:00 a.m. until 2:00 p.m. on IIch of thou holidays In the tY8n-n\InbIrad
vem. In thI oddoflUmblnd VMrI, Molher llhaIl have the 8:00 ..m. to 2:00 p,m.
pIfIod of time and Father, the 2:00 p.m. to 8:00 p.m. plliod.
8. Dul1ng the ClVIllmu hoIIdaV. Mother IhIII hive from [)eCImbIr 24 at
2:00 p.m. to Dtolf'Ilbtr 215 It 2:00 p.m. In the odd-numbel'ad V...... and DIoImblr
25 It 2:00 p.m. until December 28 It 2:00 p.m. In thlavan-numbered veall.
Flth. lhall have from oacember 24 at 2:00 p,m. to D"",*r 25 at 2:00 p.m, In
the ev.n-numbered Villi, and DlOII1lblr 25 to December 28 In the odd.numbered
yeall.
8. Mo\hel'. Dav wll alwaVI be with Mother and Fathl(' Day with Father
from 7:00 I,m. to 7:00 p,m.
10. The partl.. shall shlmal. Memorial Dav. July 4, and Labor DIY, with
Father having Memorial Day and Labor Day In odd-numbe* y.a..., Ind Molher
having JWy 41n odd.numbered vaa,.. This shall be allemaled In even.numbered
yearI. The period .hall be from 7:00 a.m. to 7:00 p.m.
H>O,PlI.I'7IOI
FAX1717--7B7-oB04
~ 6
, ,. Each party IhII ~y one week of uninterrupted vacation with the child
upon thirty daya' wrltten notice and telephone notice, provtded the one-week doe.
not fill on . "",or hollday.
,~. The partlea agree that they thall participate on a weekJy concllatory
bill. WIth each party. dHlgnated clergy on an alternating .chedul..
13. Both partIN I'" hereby clrec:ted by the Court to partlclpat.ln reuonable
and munfngfU commtJ'IIcallon WIth ..00 other u It rellte. to their OONd,
Kat...... II1d neither IhaII adopt any couree of action that IhaIllnttrfere with the
rafaUonIhlp with their GhIId.
14. The partie. Igrel to make every effort to aocommodlte lIp8ClaI eventl
In the chHd'1 life by altering the lCheduht where necnUIY.
15. The pert!.. IgI'II that lhIy lhalllnform the non-cultodlal parent wlth
.
I'NIOnable IdvInoI notice In the event that they p1111 to Ielve the 1,.1 with the
child.
By the Court,
J.
P. RIchard Wagner, Elqulre
For the Plaintiff
Ellen Acter, Eaqulre
For the Defendant
JERRY ALLEN,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 96.4600 CIVIL TERM
KIMBERLEE WARD,
Defendant
CIVIL ACTION. LAW
IN CUSTODY
ORDER OF COURT
AND NOW, !hI' ~d'V of ~
scheduled for the 20th day of JuIV. 1998. at 9:30 o'clock
, 1998, a hearing /s
8,m., In Court Room
,
Number -2-- of the Cumberland County Courthouse, Carlisle, Pennsylvania, Both
parties, through counsel/pro se, will provide uach other and thu court with a list of
witnesses ten (10) days prior to the date of the hearing along with a statement as to
their expected te6tlmony, Additionally, both parties will submit their /lroposal for a
resolution of the matter.
BY THE COURT:
Distribution:
John J. Connelly. Jr.. Esqulru
Jerry Allen
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VB.
Plaintiff
1 N TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-4500 CIVIL TERM
KIMBERLEE WARD,
Defendant
IN CUSTODY
PIAICIPI
KNTRY or APPIARANCI
TO THE PROTHONOTARY,
Please enter my appearance pro se in the above-captioned
action.
June 29, 1998
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Pla f
Jerry Allen
253 South Hill Drive
Orantville, PA 17028
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: IN mE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
11 () _ ft,.1l
: NO, 95...500 CIVIL TERM ~ - Wt!U
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A. WffNl:SS I.I!iT/~NnCIPAnD UITlMONl' ~)8 f i( ~
I. Jmy Allen . The Plaintlft' obvloully will tlltl~ to the r:c.' t..&.. beat Int....
JERRY ALLEN,
Plalntlft'
VI,
-
KlMBERLBB WARD,
Delindant
: IN CUSTODY
of the child will be IIerved by placlna primary phylic:a1 CUltody of the child In
Mr. Allen, He will 1110 teat1~ to hi.. u well U hll wife'.. ablIIty to provide for
III of the care and need for the child, He will 1110 tlltl~ relative to the
Inappropriate conduct of the Defendant. H. will 1110 tlltl~ to hll atrona
retatlonlhip and lov. for hll child.
2, Kim Allen. MI, Allen will tlltllY to the appropriate and euentlal care that il
provided to the child by Mr. Allen. her huablnd. and further tlltllY to the belt
interelt of the child belna IIrved by p1acina the child In the primary phyalcal
cuatody of Mr, Allen, She will 1110 teltllY relatlv. to the Inappropriate Ictlona
of the o.fendUlt. She will 1110 teltl~ to her atrona relatlonahlp and love for
the child,
], Robert and Jeannelle VinlOn . Mr, and Mn, VIRIOn are the patemal
lJl'U1dparentl of the child and will teltilY to the extremely clOM relatlonahlp
between the child and the Father, They will 1110 teltllY to VariOUI incidentl
thai they have wltneued, whldl reflect Inappropriate conduct on behIIf of the
Defendant. They will a110 IllIlltY to their Ilrona relatlolllhlp between
themMlvea and the child, U well u the obvloualy Ilrona relatloIIIhIp between
the A111l111 and the child,
4, Rolllle Jerpe . MI, Jerpe II the molher of Kim Allen and, thu" the chlld'l
Itep-arandparent. M., Jerpe will teatltY to the appropriate care provided by
Mr. and Mrl, Allen for the child. u well u VuiOUI inappropriate lCtlons and
Inconalltenclea In the Defendant'l actions, She wI11 a110 tllltltY to her Ilrona
relatlonahlp between her and the child, U well U the obvloully Itroni
reIatIonahlp between the AI1ena and the child.
S, Plllor Richard 8, Starr . Plllor Starr wI11 tellltY to hi. Involvement In
atlemptlna to mediate certain dlftirencea between the putIa In thll cue ftom
lale 1996 throuah early 1997, IncludIna InconaIllenclea and Inappropriate
actions ot'the Delindanl, U well u the appropriate character and wnduct of
Falher,
6, Robin Yelpy. MI, Yeapy II. former care-a1ver of the chIJd and will teatItY to
the appropriate care provided to the child by the Father, u well u MR. Allen,
7, MeU... (MillY) Murray. MI, Murray II an employee, or former employOll, of
L11t1e Stepl Daycare Center where the child formerly attended, She will tllltltY
to the Defendant'l lnappropriale conduct and Inappropriate relatlonahlp that
developed betwOlln the Defendanl and the daycare,
I, Pat Vernon. MI, Vernon II the director of the All Salntl Daycare where the
child preaently attendl daycare while In Father'l C:Ultody, She will testl~ to
the appropriate c:onduct and actions of the Father. u well u Mn, Allen, and
the Inappropriate c:onduct of the Defendant with respect to her contactl with
the Daycare Cenler,
9, Amy. Amy II one of the daycare workel'llt All Salntl and wID testl~ to III
Incident that occurred on September 5. 1997. of whIc:b the parties and c:ounaeI
are aware, wherein MI, Ward removed the c:h1Id from the DIYcare aplnIt the
Order that II preaently In eft'ect and without lilY appropriate notI8catlon or
prior conaent of the Flther, Thil ~1"aM pt concem, bued upon prior
actions of MI. Ward and. In fact, Involved the local poIk:e department. Amy
will testi~ to her Involvement with thIllnc1clent,
10, Ernie Kobatruck . Mr, KobatNck II III employee of the Pennaylvutla
Department of Wellire and received III unwarranted complaint &om the
Defendant Ward aplnlt All Salntl DIYcare, Thil occ:urred throuah I
telephone complaint and luted for III extended period of time, It II requested
that Mr, Kohltruck be pennltted to testIfY by telephone,
11. Officer Paul Oupich . Officer Ouplch II I Derry Townah1p pollee officer who
wu Involved In the September 5, 1997 Incident wherein the Defindant
removed the child from the chlld'l DIYcare without lilY advance notice to
Flther and In a dllturbinll manner that created c:oncem on behalf of the
Dlycare. Fllher, Mrl, Allen and. In fact. lhe officer,
12, Dr. Stanley sdmelder . Dr. Schneider will testilY to a prior evallllllon that he
prepared In thl. cue and may provide other expert teltlmony dependllll upon
the qreement of the partie. relative to Information that WII preaented over the
put aeveraI monthlln a conciliation or mediation procell,
13. Medical record. keeper . A record. keeper will be preaented to Ihow the
medical record. of the child, both ftom her pediatrician. II well II any hoIpItaI
record. reflectlna fat_ cllll1ll and medical condltlona made by the Defindant,
II well u the appropriate Interaction of the Father with the child and the
medical care the child hu received.
P\aIMIft'l'IIIMI the riPt to name additional wltRUIU u may be \1ICIIWY to reepond to
the wltlll.. lIat and the evidence preaented by the Defendant,
..
III. propoled that Father will be panted primuy phyalcal cuatody of the child and
that Mother wIU have period. of temporary or putIaI phyalcal CUltody of the chlId on an
a1tematlna weekend buI. ftom Friday evenlna to sunday evenlna, In addition, If
lITIIIIement. can be made for exchlllle of CUltooy. at \eut 011I evenlna per weak ahould
be provided to Mother ll'om the end of Mother'. workday until approximately one-haIf
hour before the child'. bedtime, II I. Important to note that with mpect to any exc:banpl
of cultody. they ahould not and cannot take pia at the chIId-care provider. u the Mother
hu repeatedly created dimcultle. with chlld-care provlden, Includlna dimcultln with at
leut two d.y-care.,
Standard lITIIIiement' ahouId then be provided for perioda of vlClllon durilla the
aummer vlClllon montha, u well u . aharina of the mtP holidaY' of 'I'hankaIlvlna.
But. and Chrlltmu, The more minor holiday' of Memorial Day, 4110 of July and Labor
Day, ahou1d almply be a1tmllled each)'lll'. Further, the child ahouId alwaY' be with the
c:hIId on Father', Day and with Mother on Mother', Day.
In thI, cue, It I, auueated that worda of UmIt11ion ahouId be lit forth relative to
ahared 1ep1 c:uatody u d1ft1cu1t1ea have arIl111ln the put over thI,Iuue, WhIle Father hu
attempted to 10 above and beyond the call of duty In provldlna all matt.. of detailed
lnfonnat1on relative to the period of time that the c:hIId la In hi, phyalc:al cultody, the
Defendant appean to never be utla8ed with thI, and hu demanded even the moat minimal
and lmIevllltlnformat1on relative to every minute that the c:hIId 1,1n Father', care.
R~y aubmitted,
~
orth Hano* Street
CarIIaIe, PA 17013
(717) 243.5551
(800) 347.5552
JERRY ALLEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96.4600 CIVIL TERM
CIVIL ACTION. LAW
IN CUSTODY
v.
KIMBERLEE WARD,
Defendant
HEARING MEMORANDUM
COMES NOW, the abova named Dafandant, Klmbarlea Ward, by and through
har attornay., Connelly, Reid ill Spade. by John J. Connelly, Jr.. Esqulre, end submits
the following In accordanca with the Court/s Order dated Mey 1, 1997:
1. ISSUES TO BE ADDRESSED:
The Issue to ba addressed Is tha best Interests of the parties' minor chlld,
Kataleena Ward. date of birth March 7, 1996, as they relate to the current custodial
arrangemant (see October 10, 1996/ Ordar of Court, attached hareto and marked
Exhibit . A"'. Dnfendant believes It Is In Kataleena/s best Interests that sha be
awarded primary physical custody, or, In the altarnatlve, shared physical custody.
2. ~NTICIPATED EXHIBITS:
None. However, Defendant reserves the right to supplement this answer
should such become necessary or avalleble.
3. EXPERT WITNESSES:
Stanley E. Schneider. Ed.D., A.C.E.. Dr. Schnalder performed e custody
evaluation of the parties and the parties' minor child, Kataleena Ward, date of birth
March 7, 1996, and he will testify regarding his Impressions and recommendations
concerning the best Interests of Kataleena. Defendant reserves the right to
supplement this answar should such become available.
4. ANTICIPATED FACTUAL WITNESSES:
Defendant Intendl to call the following factual witnesses:
A. Klmberlea Ward, Defendant
846 Maadow Lane
Camp Hili, PA 17011
Defendant will testify regarding her ability and willingness to care for
Kataleana, while acting al her primary custodial parent, her ability to provide for
Kataleena'. physical and emotional well.belng, and her ability to provide a stable and
nurturing environment for the child.
B. Beatrice A. Ward, Mother of the Defendant
846 Meadow I.ane
Camp Hili, PA 17011
MI. Ward, with whom the Defendant and Katalaena res Ida, II expactad
to teltlfy regarding the Defendant's ability to care for Kataleena, the Defendant's
parenting skills, and the Defendant's ability to care and provide for Kataleena's needs
as a primary caretaker. In addition, Ms. Ward will testify regarding her relationship
and Involvement with Kataleena.
C. Joe Ward, Father of the Defendant
1932 North Street
Harrlsburg,PA 17103
Mr. Ward Is expected to tostlfy rogardlng the Defendant's ability to care and
provide for Kataleena's needs as a primary caretaker.
Defendant re8arve8 the right to Clall 8uch additional Factual Wltna88e8 a8 may
be nece88ary to re8pond to evidence 8ubmltted by Plaintiff.
Re8pectfully 8ubmltted,
CONNELLY, REID & SPADE
Date:
q- rq-q7
BY:
EXHIBIT "A"
JERRY ALLEN,
Plalntlll
: IN THE COURT Or: COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
95-4500 CIVIL TERM
V.
KIMBERLEE WARD,
Defendant
ItlBE: CUSTODY
ORDf:R OF COUBI
AND NOW. October 10, 1996. the parties having appeared for hearing wllh
their respective counsel, P. Richard Wagner, Esquire, for the Plalnllff. and Ellen
Adler, Esquire, for the Defendant, the parties do hereby agree that the parties shall
have shared legal custody of their daughter, Kataleena, born March 7, 1995, wllh
the following physical custody schedule:
1. Commencing Monday. Oclober 14, 1996. at 7:00 a.m" until Wednesday.
October 16, at 7:00 a,m. with Father.
2. Commencing Wednesday. Oclober 16,1996, at 7:00 a,m., unlll Friday,
Oclober 18, at 7:00 a,m" with Mother.
3. Commencing Friday, October 10, at 7:00 a.Ill" until Monday, October 21,
at 7:00 a.m., with Father,
4. Thereafter, each week shall be schedulod so Ihat tho above periods will
be alternated between MOlher and Father on a rotallng basis,
5, The custodial parent. or the designee, shall be responsible for
transportallon.
6, The custodial parent shall be responsible for a caretaker during that
parent's period of custodYi the caretaker shall be a member of a parent's
hnmedlale family or regular babysitter. In the event the Inllnedlate family member
or regular babysitter Is not available, the non-custodial patent shall be given Ihe
option 01 caretakIng during that period,
7. During the even-numbered years Molher shall have Thanksgiving and
Easter from 2:00 p.m. until 8:00 p,m. on that holiday, Father shall have the period
from 8:00 a,m, until 2:00 p,m. on each of those holidays In the even. numbered
years. In the odd-numbered yeats, Molher shall have the 0:00 a,m, 10 2:00 p,m,
period of time and Father, Ihe 2:00 p,m, to 0:00 p,m, period,
8. During the Christmas holiday, Mother shall have from December 24 at
2:00 p,m, to Dec~mber 26 at 2:00 p,m, In the odd. numbered years, and December
26 at 2:00 p,m, until December 26 at 2:00 p,m. In the even-numbered years.
Father shall have from December 24 al 2:00 p,m, 10 December 25 at 2:00 p,m. In
the even-numbered years. amI Decemher 2510 Decemher 261n the odd-numbered
years.
9, Mother's Day shall always be with Molher and Father's Day with Father
from 7:00 a,m, to 7:00 p,m.
10. The parties shall alternate Memorial Day. July 4. And Labor Day, with
Father having Memorial Day and Lahor Day In odd-numbered years. and Mother
having July 4 In odd-numbered yeAts, This shall he allornaled In even-numhered
years, The period shall be from 7:00 A,tl1, 10 7:00 p,m,
~
11. Each party shall enjoy one week 01 uninterrupted vacation wllh the child
upon thIrty days' wrlllen notice and telophone notice, provided the ono-week does
not lall on a major holiday.
12. The parties agree that they shall partlclpate on a weekly conciliatory
basis with each party's designated clergy on an alternating schedule,
13. Both parties are hereby directed by the Court to participate In reasonable
and meanIngful communication with each other as II relales to Ihelr child.
Kataleena, and nellher shall adopt any course 01 action that shalllnlerfere with the
relallonshlp wllh their child.
14. The parties agree to make every effort to accommodate special events
In the chlld's 1I1e by allerlng the schedule where necessary.
15. The parties agree that they shalllnlorm the non-cuslonlal parent with
reasonable advance notice In the event that they plan to leave the area wllh the
child.
By the Court,
J.
p, Richard Wagner. Esquire
For the Plaintiff
Ellen Adler, Esquire
For the DelemJal11
l
KIMBERLEE WARD,
Defendant
CIVIL ACTION. LAW
IN CUSTODY
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 95.4500 CIVIL TERM
JERRY ALLEN,
Plelntlff
pERTIFICATE OF SERVICE
I, John J. Connelly, Jr., Esquire, of Connelly. Reid & Spade. attorney for the
Defendent, Klmberlee Ward, hereby certify thet I have served a copy of the foregoing
Hearing Memorendum on the following on the date and In the menner Indicated below:
FACSIMILE AND FIRST CLASS MAIL. POSTAGE PREPAID
Bradley L. Griffie, Esquire
200 North Hanover Street
Carlisle, PA 17013
CONNELLY, REID & SPADE
DATE:
L-H~-q7
By:
JERRY ALLEN,
IN 11m COURT 01' lUNJN P1.I'.AS
ClJNIlERLANIl COUNTY, PENNSYLVANIA
!'IIIlntlff
v.
NO. 9~-4500 CIVIl. TERN
KIIoIlERlEE WARD,
CUSTOIlY
Defendant
IlPJI>>ID.Wr'S WI'IM!SSIl.'1
The defendant, Kimber lee Ward, by and through her attorney, Joan Carey of
Lelal Services, Inc., sets forth this llBt of witnesses along with a Bu..ary of
their expected testlllOny for 0 heorlng to be held on I'ebruory 23, 1996, ot 9130
a... In OourtrOOl No.3.
WI'IMllI8118
I.
Klllberlee Word
845 Meadow Lane
CaliI' Hill, PA 17011
(717) 737-2679
The defendant Is to teBtlfy that she has been the priMary caretaker of the child
Blnce her birth and IB able to continue to provide for her needs Including a
stable and nurturing environllent. Bhe will alBo testify to her relationship with
the plaintiff and hlB Involvellent with the child.
2.
Ear I Krug
40 Ewe Road
Mechanlcsburg, PA 17055
(717) 731-0406
The defendant' B brother Is expected to teBt try to the defendant' B oblllty to care
and provide for the chlld'B needs as II prlMftry caretllker, her Interaction with
the child, the child's relationship with her IIOther, and the defendant 'B
parenting skills.
3.
Diane Krug
40 ~;We ROIul
Meehan I csburg, P^ 17055
(717) 731-0406
The defendant's Hlllter-ln-lllw IH expoctollto testify to her rellltlonshlp wllh the
defendllnt /lnd the chillI, the defellll/lnl's oblllty 10 care ond provide for the
child's needs liS /I primnry cnrel/lker, the dcfclIll/lnt'll IlItor/lellon with the child,
the child's rel/lllonllhlp with hor mother IInll Ihe dofend/lnt's pnrontlnK skills.
4.
Rhonda Molm
1ll05A "runt water Road
Camp lilli, PA 1701 I
(7171 761-5721
The defendant's friend Is expected to testify to her relationship with the
defendant and the child, the defendant's ability to care and provide for the
child's needs as II prillllry caretaker, the defendant's interllct ion with the
child, the child's relationship with her IIIOther, and the defendant's parenting
skills.
5.
Beatrice T. Ward
845 Meadow Lane
ClI_P lilli, PA 170 II
(717) 737-2679
The IIOther of the defendant, with whOll the defendant and child reside, is
expected to test lfy to the defendant's ability to care for the child, the
defendant's interaction with the child, the defendant's parent ing ski 1 Is, and the
defendant's sblllty to care and provide for the child's needs as a prhlluy
caretaker.
6.
Daniel Alexander
3 Harvard Circle, Apt. 3
camp lIi1I, PA 17011
(717) 761-5248
The defendant's boyfriend is expected to testify to his relationship with the
defendant, his observance of the defendant interacting with her child. and the
defendant's parenting skillll.
The defendant reserves the right to call other witnesses upon reasonable notice
to the court and counsel.
RespectfullY submitted,
(.,-,.. 'v @.;('u,..
, oan carey I At torne
UDAl, 8f.RVtrJ'.8. INC.
H Irvine Row
carlisle, PA 17013
(717) 243-9400
February 12, 1996
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IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~S-4S00 CIVIL TERM
Plaint if f
vs.
KIMBERLEE WARD,
Defendant
IN CUSTODY
POlelPK
TO THE PROTHONOTARYr
Please withdraw plaintiff'S petition for modification of
custody filed April 18, 1997 in the above-captioned action.
P1~~~q-
June 29, 1998
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CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-4500 CIVIL TERM
plaintiff
VS.
KIMBERLEE WARD,
Defendant
IN CUSTODY
JlRAIICIPI
TO THE PROTHONOTARY:
plaintiff'S petition for contempt
the above-captioned acti~~.~
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filed
Please withdraw
september 12, 1997 in
June 29, 199B
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL CASE - LAW
: NO, 95-4500 CIVIL TERM
VI,
KIMBERLEE WARD,
Defendant
: IN CUSTODY
rRAECIPE
TO THE PROTHONOTARY:
At the requelt of the above named Plaintiff, Jerry Allen, please withdraw my prior
appearance entered on hil behalf, The IBid Plaintiff, Jerry Allen, hal indicated that he
Intendlto proceed with the Inltant mailer Pro Se,
DATE:~
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OR E" ASSOCIATES
200 North Hanover Street
Carli lie, PA 17013
(717) 243-555 I
(800) 347-5552
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Jerry ana Kim Allen ~ ~
253 S. Hill Drive
Grantville, PA 17028
July 8, 1998
The Honorable George E. Hoffer
Court of Common Pleas
cumberland County
Attnl Sandy
One courthouse square
Carlisle, PA 17013
REI Allen v. Ward
July 20, 1998 Hearing
Dear Sandy,
Per our conversation, enclosed find the two date stamped
praecipes that terminate the need for the hearing scheduled on
July 20, 1998.
If you have any questions, please feel free to contact me
at my work number, 717-783-4489.
Sincere~ ~
~ Al~n, II
CCI Mr. John Connelly, Esq.
.
JERRY ALLEN,
vs.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-4500 CIVIL TERM
KIMBERLEE WARD,
Defendant
IN CUSTODY
PRAlelPI
TO THE PROTHONOTARY I
Please withdraw plaintiff's petition for modification of
custody filed April 18, 1997 in the above-captioned action.
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June 29, 1998
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JERRY ALLEN,
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PIaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 95-4500 CIVIL TERM
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KIMBERLEE WARD,
Defendant
IN CUSTODY
PRA.CIPI
TO THE PROTHONOTARY I
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Please withdraw plaintiff'S petition for contempt filed
September 12, 1997 in the above-captioned acti
June 29, 199B
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JERRY ALLEN,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-4500 CIVIL
v.
KIMBERLEE WARD,
Defendant/Respondent
CIVIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, upon consideration of the attached Petition, It Is hereby directed
that the parties and their respective counsel appear before, J-\\ ('nClt' \ L, f\a:=P
, Esquire, the Conciliator, on the -L day of l':(.\r-.t:e.\
1~, at \\) '.l"n ~.M., at ~~r~IJ.ffo"'J?t~-ai.b~house;-Gefllsltt,
Pennsylvania, for a Pre-Hearing Custody Conference. At such Conference, an effort
will be made to resolve the Issuas 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 the entry of a temporary or
permanent Order. Notification to the Defendant by the prothonotary's Offlca Is
waived.
For the Court,
Date of Order: By: ~n uJl, J, ~~l1J'. .
Custody Conciliator ~ ~
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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 Bar Association
2 Liberty Avenuu
Carllslu, PA 17013
(717) 249.3166
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KIMBERLEE WARD.
Defendant/Petitioner
CIVIL ACTION - LAW
IN CUSTODY
JERRY ALLEN,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 95-4500 CIVIL TERM
pETITION TO MODIFY EXISTING CUSTODY ORDER
AND NOW COMES, the Petitioner, Klmberlee Ward, by her attorneys. James,
Smith Durkin & Connelly LLP, and flies this Petition to Modify Existing Custody Order
and In support theraof avers as follows:
1. The Petitioner Is Klmberlee Ward currently residing at 511 West
Cumberland Road, Enola, Cumberland CountY, Pennsylvania 17025,
2. The Respondent Is Jerry Allen currently residing at 253 South Hili Drive,
Grantvllle, Dauphin CountY, Pennsylvania 17028,
3, The parties are the natural parents of the minor child, Kataleena Ward,
born March 7, 1995.
4, A hearing was scheduled on July 20, 1998 before the Honorable George
E, Holler to address the Issues as they relate to the current custodial arrangement.
See attached Order of Court dated October 10, 1996, attached hereto and marked
Exhibit "A",
5. Prior to the July 20, 1998 hearing, the Respondent withdrew his Petition.
6. The parties have not been able to reach an agreement ragardlng a
custody schedule.
WHEREFORE. your Petitioner. Klmberlee Ward, requests that the Court schedule
8 cUltody conference to modify the Order of Court dated October 10. 1996.
Respectfully submitted.
JAMES, SMITH, DURKIN & CONNELLY LLP
Oate' '.{4Q t
By:
VERIFICATION
I verify that the statements made In this Pleading are true and correct. I
understand that false statements herein are made sublect to the penalties of 18
Pa,C.S. Section 4904 relating to unsworn falsification to authorities.
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JERRV ALLEN,
PlalnUN
I IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
95-4600 CIVIL TERM
V.
KIMBERLEE WARD,
Defendan\
IN RE: CUSTODY
QBWR OF counT
AND NOW, Oo\ober 10, 1996, the parties having appeared for hearing with
their respocthle counsel, P. Richard Wagner. Esquire, lor the Plalntlfl, and Ellen
Adler, Esquire. forthe Defendant, the partlos do hereby agree thai the parties shall
have shared logal custody 01 their daughter. KatRlllnna. bom March 7,1995. wllh
the following physical custody schedule:
1. CommencIng Monday, October 14,1900, ot7:00 a,m" until Wednesday,
Octobor 16, at 7:00 a,m. with Fathor.
2. Commencing Wednosday, Oclober 10, 11:196, lit 7:00 a.IlI., until Friday,
October 10, al 7:00 n.m,. with Molher.
3. Commenctng friday, Oo\ober 1 B, al 7:00 a,m., until Monday, October 21,
III 7:00 a,m" with Father.
4. Theroafter, oach week shall be scheduled GO thai 1\10 above periods will
bo allemated butween Mother and Fathor on u rotating basis.
5. Tho cuntodiul parent, or tho doslgnee, r.hall bo rosvJl1sible for
tranllportt\tlon.
6. The custodial parent shall be responslblo for a caretaker during that
parent'e period of cuslodyj the caretaker shall be 8 member of a parent's
Immadlate family or regular babysitter, In the evont tho Immediate family member
or regular babysitter 15 not available, the non-cuatodlal parwt shall be given the
option of caretaking during that period.
7. Curing the even"numbered years Mother shall have Thanksgiving and
Easter from 2:00 p.m. un1ll8:00 p.m. on that holiday. Father shall have the period
from 8:00 a.m. until 2:00 p.m. on each olthaso holidays In the even-numbered
years. In the odd-numbered years, Mother shall have the 8:00 a.m. to 2:00 p,m.
period 01 time and Father, the 2;00 p,m. to 8:00 p.m. period.
8. DUring the Christmas holiday, MoU,er shull have from December 24 at
2:00 p.m. ta Dec~mber 25 at 2:00 p.m. In the odd-numbered years, and December
25 at 2:00 p.m, until December 26 at 2:00 p.m. in the even-numbere<l years,
. ....
Father shall have from December 24 At 2:00 p.m. to December 25 at 2:00 p,m. In
tho oven-numberod years, and December 25 ta Decembor 261n the odd.numbered
yoars.
9. Mather's Day shall olways bo with Mother Bnd Pather's Day wilh Father
from 7:00 B.m, to 7:00 p.m.
10, The parties shall allernate Memorial Day, July 4, and Labor Day, with
Father having Memorlal Day I1I1d Labor Duy In odd-numbered years, and Mother
having July 4'1~- o"dd-numborod YOArs, Thin shall bo Hllomatod In even-numbered
yearn. The period shall b9 from 7:00 C),m, to 7:00 p,m,
11. Each party shall80JOY one week of uninterrupted vacation with the child
upon thIrty days' written nollce end telophone notlco, provided the one.week does
not fall on a major holiday.
12. The parties agree that they shall participate on a weekly conclllatory
basIs wllh each party's designated clergy on an altematlng schedule,
13. Both parties a1'8 hereby directed by the Court to participate In reasonable
and meaningful communication with each other as II relates to their child,
Kataleona, and nellher shall adopt any course of action Ihat shalllnlerfere with the
relationship wllh their child.
14. The parties agree to make eyery effort to accommodate spacial events
In the child's life by altering the schedule where necessary.
15. The p,artles agree that they shall Inform the non-oustodlal parent with
reasonable advance notleo In Iho event that they plan to leave the Brea with the
child.
By the Court,
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P. Richard Wagner, Esquire
For the PlliIntlll
Ellen Adler, Esquire
For the Defendant
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(711) 233.3120
COUDttt For Plalntlff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JERRY ALLEN,
Pla1ntl ff
v.
95-4500 Civil Term
KIMBERLEB WARD,
Defendant
CIVIL ACTION- CUSTODY
PRAECIPE
TO mE PR071l0NOTARY:
Please enter Ihe appearance of Theresa Barrett Male, Esquire on behalf of Plaintiff in the
above-referenced custody action.
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IN TIlE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY.
I'ENNSYL VANIA
vs.
NO, 95-4500 CIVIL TERM
KIMBERLEE WARD.
Defendant
CIVIL ACTION - LAW
IN CUSTODY
AND NOW. this
ORDER
'''' day of ~. 1998, upon receipt of the
Conciliator's Report. it appearing that thc partlcs have agrecd to the tcrms and provisions ofthls
Intcrlm Ordcr which was dlctatcd in thclr presencc and approvcd by them and their counsel. It Is
hereby ordered and directed as follows:
I. The parties shall cngage themselves and their minor child with the
appropriate therapy sessions with Jessica Hart. Thc goal ofthe scsslens Is to work
on the co-parenting Issues as it relates with the custodial arrangement for thc
child, Thc partics shall sign any and all rclcascs that Jcsslca 11art requires In ordcr
to releasc Infonnatlon and a rcport to cach party's counscl. Jcsslca Hart Is
Instructcd to relcasc a rcport to counscl upon requcst.
2, Thc partics agrce thatthc costs for this thcrupy should be submitted to
Falher's insurunce carricr tlrst, Ail purties ugrcc that they shuil sign whatcvcr
limns urc necessury tomuke surc thatlhat can he submitted to Futhcr's insuruncc
curricr tlrsl. Any unreimhursed expensc reluled to Futhcr's sessions shull bc
picked up by Fllthcr und unreimbursed cxpcnsc reluted 10 Mother's sessions shull
S. The partlel Ihan reconvene lor anolher eUltody conelllallen belon
bc plckcd up by Mother, Any unrclmbursed cKpenses related tothc child shall be
paid on a proportlonatc basis In aecordancc with thc cKlstlng support ordcr as It
relates to the paymcnt of unrclmbursed mcdlcal cxpenscs,
3. Thc partlcs arc reminded that they havc shared legal custody. Thc
parties agree that they shall provide each other with open acccss to all day care
providers and that those day care providers are Instructed to release any and all
Information to each parent. This would includc thc release of any and all medical
information as well,
4, The Order of October 10, 1996. shall remain in full force and effect.
Michael L. BanI', Elquln, on Thunday, February UI,I999, 1110:00 I.m.
BY THE COUR/1!' /'
Theresa 8, Male. Esquire
John J. Connelly, Jr,. Esqulrc
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IN TilE COURT OF COMMON I'LEAS
OF CUMBERLAND COUNTY.
I'ENNSYL VANIA
vs.
NO. 1)5-4500 CIVIL TERM
KIMBERLEE WARD,
Defendant
CIVIL ACTION. LAW
IN CUSTODY
JUDGE I'REVIOUSL Y ASSIGNED: The lIonorable Geerge E, HolTer. I'J.
C:USTODY CONCILIATION CON"'ERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE Of CIVIL
I'ROCEDURE 19I5,3.8(b), the undersigned Custody Conciliator submits the following report:
I. The pertinent Information conccmlng the chlld(ren) who Is(are) the subject ofthls
litigation Is as follows:
NAME
D1RTHDATE
CURRENTL Y IN
~USTODY OF
Kntnleena Ward
March 7, 1995
I'lalntln'
2. A Conciliation Conference was held on Novcmber 23, 1998. and the following
Individuals were present: the PlalntllT appeared through his counsel, Theresa B, Male. Esquire.
and was available by telephone; the Defendant appeared with her allomey. John J, Connelly. Jr,.
Esquire,
3. Items resolved hy ugreement: See ullached Onler.
4, Issues yclto he resolved: See uuuehed Order,
5, The 1'IIIIntlll's posllloll Oil custody Is liS tilllows: See ulluched Order,
6, The Defendant's position on custody is as follows: Sce uuachcd Ordcr,
7. Need for sepurate counsel 10 represcnt chlld(ren): Nelthcr party requcsted,
8. Need lor independcnt psychological evaluation or counseling: Sce uuached Order,
9. Other matters or comments: The plrtles shan recenvene for another custody
conciliation conference before Michael L. OanKs, Esquire, on Thunday, February 18, 1999,
at 10:00 ..m.
Date: December 9, 1998
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Michael L, Bangs
Custody Conciliator
JERRY ALLEN.
l'lalntlff
vs.
KIMDERLEE WARD,
Defendnnt
)
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)
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IN TIlE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY.
IIENNSYL VANIA
NO. 95-4500 CIVIL TERM
CUSTODY/VISITATION
ORDER
AND NOW. this -l~'" day of
,1999, upon review of the
Conciliator's Report, It appearing that the parties have agreed to the terms and provisions of this
luterlm Order which was dictated In their presence and approved by them and their counsel, It Is
hereby ordered and directed lIS follows:
I. The pludes shall engage thcmselves and the minor child with the appropriate
therapy sessions with Jessica Hart. The goal of these sessions Is to work on the
co-parenti nil Issues as It relates with the custodial arrangements for the child. The
parties agree that the cost lor this therapy should be submitted to the Father's
Insurance carrier first. All parties agree that they shall find whatever forms are
necessary to make surc that that can bc submitted to Father's insurance carrier
first. Any unrehnbursed cxpensc rclutcd to Futher's sessien shull be picked up by
Fatber and uny unrchnburscd cxpcnsc rclutcd 10 Mothcr's scsslons shall be picked
up by Mother. Any unrchnburscd cxpcnscs rcluted tothc child shull be paid on u
proportlonulc husis Inuccl1rduncc with the cxisting support ordcr us It relatcs to
the payment of ullrclmburscd medical expenses which is 80% to Father and 20%
to Mother,
2. An evaluation will be cempletcd by Dcborah \., Salem, MIIC, CAC, atlnncr
Works, The parties shall cooperate in cnsurlng that this evaluation is completed
in a timely manner, The parties agree to each being responsible for payment of the
evaluations such that Father shall be responsible for 80% and Mother shall be
responsible for 20%.
3, The Order of October 10,1996 shall remain In full foree and effect.
4. The plrtlll Ihall reconvene for Inother cUltody conclllltlon before Mlchlel
L. Olnll, Elqulre, on AUIUII U, 1999, It 9100 a.m.
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Theresa Darrell Male, Esquire
Attorney for Plaintiff
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John J. Connelly, Jr.. Esquire
Attorney for Defendant
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IN TIlE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
I'ENNSVL VANIA
vs,
NO, 95.4500 CIVIL TERM
KIMBERLEE WARD,
Defendant
CUSTODVNISIT A TION
JUDGE PREVIOUSL V ASSIGNED: The Honorable George E, Hoffer
f;USTODV CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE \91 5,3.8(b), the undersigned Custody Conciliator submits the following report:
\, The pertinent Infonnatlon eencemlng the child who Is the subject of this litigation is
as follows:
NAME
B1RTHDATE
CURRENTL V IN
CUSTODY OF
KatB\eena Ward
March 7,1995
Plaintiff
2, A Conciliation Conference was held on February 18, and the following individuals
were present: the Plaintiff and his attorney, Theresa Barrett Male, Esquire; the Defendant
appeared with her atterney, John J. Connelly, Jr" Esquire,
3, Items resolved by agreement: See auached Order,
4, Issues yet to be resolved: See attached Order,
5, The I'lalntill's position on custody is us follows: See uuached Order,
6. The Defendunt's position 011 custody is as follows: Sec uttucbed Order.
7. Need for scpurnte eOllllsclto represent child: Nelthcr party requested,
8. Need for Independent psychological evaluation or counseling: See allached Order,
Date: May II, 1999
\.0
ich el L. Dangs
Custody Cenclllator
-
ASOF
CASE# ~-- ~ -
-
lIAS BEEN ~CANNED_.
ALL EARLIER
FILINGS rrO rrlIIS
CASE IIA VE BEEN
MICROFILMED~.
-
MARIA P. COGNETTI & ASSOCIATES
KRISTOPHER T. SMULL, ESQUIRE
Attorney J.D. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant/Petitioner
JERRY ALLEN,
PlaintifflRespondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 95-4500 CIVIL TERM
KIMBERLEE SWARTZ, f/k/a
KIMBERLEE WARD
DefendantlPetitioner
CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODY
AND NOW, comes Plaintiff, Kimberee Swartz f/k/a Kimberlee Ward, by and through her
attorney, Kristopher T. Smull, Esquire, with this Petition for Modification of Custody and hereby
avers as follows:
1. Petitioner is Kimberlee Swartz f/k/a Kimberlee Ward (hereinafter "Mother"),
Defendant in the above-captioned action, currently residing at 326 Pitt Street, Enola, Cumberland
County, Pennsylvania.
2. Respondent is Jerry Allen (hereinafter "Father"), Plaintiff in the above-captioned
action, currently residing at 253 South Hill Drive, Grantville, Dauphin County, Pennsylvania.
3. The parties are the parents of one (1) minor child: Kataleena Ward, born March 7,
1995, age eleven (11) years.
4. The minor child is the subject of an Order of Court dated October 28, 2003 which
grants the parties shared legal custody and vests primary physical custody in Father with periods
of supervised visitation to Mother. Per said Order Mother's periods of custody were to increase
and become unsupervised as her counselor recommended. A true and correct copy of said Order
of October 28, 2003 is attached hereto, made a part hereof and marked Exhibit "A."
5. Since the entry of said Order Mother, Father and the child have been attending
counseling with Melinda Eash.
6. Pursuant to Ms. Eash's recommendations, Mother's periods of partial custody have
become unsupervised and expanded to every other weekend from Friday through Sunday.
7. Mother's periods of unsupervised visitations have gone well and the minor child
has expressed her desire to spend significantly more time with Mother.
8. Mother seeks to modify the current Order of Court as follows:
a) Confirm the current schedule and expand Mother's weekend to include
Sunday overnight.
b) Expand the schedule to include a mid-week overnight period of custody
during the school year.
c) Convert the schedule to week on, week off during the summer.
d) Allow Mother to have custody on all non-holiday school days off as Mother
does not work and is available.
e) Return to the holiday schedule that the parties formerly followed from their
previous Court Order dated May 17, 2001.
9. The best interest and permanent welfare of the child will be served by granting
Mother's requested relief.
WHEREFORE, Mother respectfully requests that this Honorable Court grant her requested
relief.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: October 19,2006
By:
KRIS 0 ER T. SMULL, ESQUIRE
Attorney LD. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for DefendantlPetitioner
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JERRY W. ALLEN,
IN THE COURT OF CO:MMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs.
NO. 95-4500 CNIL TERM '
K.J:MBERLEE WARD,
Defendant'
CNIL ACTION - LAW
IN CUSTODY
ORDER OF COURT
AND NOW, tbis ~ l~ day of (]J~ , 2003, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated March 17,2003 is vacated and replaced with this Order.
The prior Order of this Court dated May 17, 2001 is suspended and replaced with this temporary Order
pending further Order of Court or agreement of the parties.
2. The Father, Jerry W. Allen and the Mother, Kimberlee Ward, shall have shared legal
custody of Kataleena Ward, born March 7, 1995. Each parent shall have an equal right, to be exercised
jointly with the other parent, to make all major non-emergency decisions attectmg the Child's general
well-being including, but not limited to, all decisions regarding her health, education and religion.
Pursuant to the terms of this paragraph each parent shall be entitled to all records and information
pertaining to the Child including, but not limited to, school and medical records and information. The
parties agree that this provision iot contingent upon the Mother's compliance with the conditions of
..EIobation ~d, in the event of a probation violatIOn, resulting in reincarceration, the Father shall have
sole legal custody of the Child.
3. The Father shall have primary physical custody of the Child.
4. Within ten days of the date of the conciliation conference, the parties shall select a counselor
for the Child by mutual agreement and shall contact the counselor to schedule the first session., The
parties shall follow the counselor's recommendations with regard to participation by the parties with
the Child in counseling sessions. the purpose of the counseling shall be to assess the Child's needs
with regard to ongoing contact with the Mother, vd,th a goal of reinstating, when appropriate, the prior
schedule under which the Mother had custod during full weekend eriods. The parties sh~ll sign all
au onza ons a.eemed necessary by the counselor to obtain additional information pertaining to the
parties and the Child. The parties shall equally share all costs of the counseling which are not covered
by insurance.
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5. The Mother shall have supervised periods of custody with the Child on alternating Sundays
beginning October 26, 2003 from 1 :00 pm until 5 :00 pm at the Colonial Park Mall. Tthe Father shall
supervise these periods of custody unless otherwise agreed between the parties. The Mother may have
periods of custody at any other times as agreed between the parties. The parties agree to expand the
Mother's periods of custody and eliminate supervision as recommended by the Child's counselor.
6. Both parties shall be entitled to attend the Child's activities and events. Neither party shall
have contact with the other party or the other party's family during the activities / events in order to
maintain a conflict free atmosphere for the Child's benefit. The Father shall provide the Mother with
the Child's activities, events and sports schedules on a timely basis.
7. Upon receipt of recommendations from the Child's counselor, either party may contact the
conciliator to schedule an additional custo1y conciliation conference to review the custody schedule, if
necessary.
8. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
'iar~l: ~ J.
cc: Donald T. Kissinger, Esquire - Counsel for Father
Kimberlee Ward, Mother
TRUE CO,PY FROt\.4 RECORD
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Prothonotari
VERIFICATION
I, Kimberlee Swartz, hereby verify and state that the facts set forth in the foregoing
document are true and correct to the best of my information, knowledge and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to
unsworn verification to authorities.
Date: I 0 II ~ lOb
~'-XlQ~
Kimberl Swartz
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CERTIFICATE OF SERVICE
I, Kristopher T. Smull Esquire, Attorney for DefendantlPetitioner herein, do hereby certify
that on this date I served the foregoing document by depositing a true and exact copy thereof in the
United States mail, first class, postage prepaid, addressed as follows:
Donald T. Kissinger, Esquire
HOWETT KISSINGER CONLEY & HOLST
130 Walnut Street
P.O. Box 810
Harrisburg, PAl 71 08
Respectfully Submitted:
Date: 10 111 f D ~
By:
MARIA P. COGNETTI & ASSOCIATES
J~
KRISTOPHER T. SMULL, ESQUIRE
Attorney I.D. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for DefendantJPetitioner
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JERRY ALLEN
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
95-4500 CIVIL ACTION LAW
KIMBERLEE SWARTZ, FIK/A KIMBERLEE
WARD
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW,
Wednesday, October 25, 2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq.
at 39 West Main Street, Mechanicsburg, P A 17055 on Wednesday, November 29, 2006
, the conciliator,
at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearin\;?;.
FOR THE COURT.
By: Is/
Dawn S. Sunday. Esq.
Custody Conciliator
ftn
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
HA VE 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 170 13
Telephone (7 I 7) 249-3 I 66
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JERRY ALLEN
vs.
95-4500
CIVIL ACTION LAW
KIMBERLEE SWARTZ,
FIK/A KIMBERLEE WARD
Defendant
IN CUSTODY
ORDER
AND NOW, this 14th day of February, 2007, the conciliator, being advised by Petitioner's
counsel that the Petition for Modification is being withdrawn and there is no further need for the
custody conciliation conference scheduled on February 15, 2007, hereby relinquishes jurisdiction.
FOR THE COURT,
~
Dawn S. Sunday, Esquire
Custody Conciliator
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